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DICTIONARY 


V. 


Off 


GREEK  AND  ROMAN  ANTiaUITIES. 


EDITED    BY   WILLiAM    SMITH,   Ph  D. 


AND    ILLUSTRATED    BY    NUMEROUS    ENGRAVINGS    ON     WOOD. 


EfurTi  American  Section,  Carefully  &c&fseTr. 


AND 


CONTAINING    NUMEROUS    ADDITIONAL    ARTICLES    RELATIVE    TO    THE    BOTANY.    MINERALOGY. 

AND    ZOOLOGY   OF    THE     ANCIENTS. 


BY 


CHARLES  ANTHON,  LL.D, 


PROFESSOR   OF   THE   GREEK   AND   LATIN   LANGUAGES   IN   COLUMBIA   COLLEGE,    NEW-TORK,   AND 

RECTOR   OF   THE   GRAMMAR   SCHOOL. 


NEW    YORK: 
HARPER    &    BROTHERS,    PUBLISHERS, 

FRANKLIN    SQUARE. 

18  78. 


$1' 


Entered,  according  to  Act  of  Congress,  in  the  year  one  thousand 
eight  hundred  and  forty-three,   by 

Charles  Antiion. 

Ill  the  Clerk's  Office  of  the  District  Court  of  the  Southern  Distnof 

of  New  York. 

BY  TRANSFER 


•   •  i 


fID 


WILLIAM  B.  ASTOR,   ESQ 


LH  aLUM.XUS  of  our  common  alma  mater,  and  a  striking  proof  how  greatly 

AS    UNCEASING  ATTACHMENT    TO    CLASSICAL    STUDIES   TENDS    TO    ELEVATE 
AND    ADORN    THE     CHARACTER     OF     THE    AMERICAN    MERCHANT, 


Ehiu  OTorft  fa  Xngcrfteto, 


BY 


HIS    FR1EN  D    A  TC  D    WELL-WISHB  R, 


<Kt^»    «*a 


y  , 


y 


PREFACE 

TO    THE    AMERICAN    EDITION 


The  merits  of  the  present  work  are  so  fully  set  forth  in  the  preface  of  the  London 
editor  as  to  render  any  additional  remarks  on  this  subject  almost  unnecessary.  The 
student  has  here  a  guide  to  an  accurate  knowledge  of  Greek  and  Roman  Antiquities, 
before  which  the  meager  compilations  of  Potter  and  Adams  must  sink  into  utter  in 
significance  ;  and  he  is  put  in  possession  of  a  vast  body  of  information  in  a  most 
interesting  department  of  study,  which  it  might  otherwise  have  cost  him  the  labour 
of  a  whole  life  to  accumulate.  All  the  most  recent  and  valuable  discoveries  of  the 
German  scholars  are  here  placed  within  his  reach,  and  there  is  nothing  to  prevent 
their  speculations  becoming  as  familiar  to  him  as  household  words.  The  work  is,  in 
trutii,  a  German  one  in  an  English  garb,  and  will  be  found  to  contain  all  that  luiness 
and  accuracy  of  detail  for  which  the  scholars  of  Germany  have  so  ,long  and  justly 
been  celebrated.  It  is  equally  intended,  also,  for  the  general  reader,  and  as  a  work 
of  popular  reference  will  be  found  to  be  invaluable,  not  only  from  its  accuracy  of 
research,  but  from  the  wide  field  over  which  it  ranges.  In  a  word,  the  present  voh 
ume  supplies  what  has  long  been  felt  as  a  great  desideratum  in  English  literature. 

In  order  to  render  the  work,  however,  if  possible,  still  more  useful,  the  American  edi- 
tor has  added  a  large  number  of  articles  relative  to  the  Botany,  Mineralogy,  and  Zoolo- 
gy of  the  ancients,  topics  interesting  and  curious  in  themselves,  and  which,  it  is  con* 
ceived,  fall  naturally  within  the  scope  of  such  a  work  as  the  present  one.  The  contri- 
butions by  the  American  editor  are  distinguished  from  those  of  the  English  writers  by 
having  an  asterisk  prefixed.  In  preparing  them,  the  editor  has  availed  himself  of  vari- 
ous sources  of  information,  but  more  particularly  of  three,  which  it  affords  him  great 
pleasure  to  mention  here.  The  first  is  the  Collection  of  Scientific  and  other  Terms, by 
his  learned  friend,  Francis  Adams.  Esq.,  of  Scotland,  and  which  has  appeared  as  an  Ap- 
pendix to  the  Greek  Lexicon  of  Professor  Dunbar.  It  embraces  the  opinions,  not  only 
of  the  ancient  naturalists,  but  of  the  most  celebrated,  also,  among  the  moderns,  and  has 
afforded  the  American  editor  the  most  numerous,  as  well  as  the  richest  materials  for 
his  labours.  The  second  source  whence  information  has  been  obtained  on  various 
topics  connected  with  the  natural  history  of  the  ancients  is  the  noble  edition  of  Cu- 
vier's  Animal  Kingdom,  by  Griffith  and  others,  in  16  volumes,  8vo,  a  work  full' of 
curious  learning,  and  replete  with  interesting  observations  on  the  naturalists  of  an 
tiquity  and  the  opinions  entertained  by  them.  On  the  subject  of  Ancient  Mineralogy, 
the  editor  acknowledges  himself  deeply  indebted  to  the  excellent  work  published 
some  years  ago  by  Dr.  Moore,  at  that  time  Professor  of  Ancient  Languages  in  Co- 
lumbia College,  now  President  of  that  institution,  and  he  takes  the  greater  pleasure 
in  stating  his  obligations  to  the  labours  of  this  distinguished  scholar,  since  it  affords 
him,  also,  the  opportunity  of  congratulating  his  Alma  Mater  on  having  her  highest 
office  filled  by  one  so  well  qualified  to  advance  her  best  interests,  and  to  gain  for  her 
the  esteem  and  approbation  of  all  who  wish  her  well. 

As  regards  the  general  appearance  of  the  work,  some  changes  of  form  have  been 
made  which  may  here  be  enumerated.  In  the  English  edition,  the  articles  relating 
to  Grecian  Antiquities  have  their  heading  in  Greek  characters.  This,  although  no 
obstacle,  of  course,  to  the  student  or  professed  scholar,  is  a  serious  impediment  in 
the  way  of  the  general  reader,  and  might  mar  the  popularity  of  the  work.  To  guard 
against  such  a  result,  great  care  has  been  taken  to  change  all  the  headings  of  the 
Greek  articles  (except  such  as  relate  to  legal  matters)  to  Roman  characters,  while, 
at  the  same  time,  in  order  to  satisfy  the  scholar,  the  Greek  title  is  written  immedi- 
ately after  the  Roman.  Should  any  words,  by  this  arrangement,  be  thrown  out  of 
the  alphabetical  order,  their  places  can  be  discovered  in  an  instant  by  the  General 
Index  at  the  end  of  the  volume.  In  the  English  edition,  again,  the  references  and 
authorities  are  given  in  the  body  of  the  article,  a  plan  calculated  to  deter  the  general 
reader,  and  which,  at  best,  is  one  of  verv  doubtful  propriety,  since  it  mars  the  ap 


v% 


n  PREFACE. 

pearance  of  an  English  sentence,  and  destroys,  in  some  degree,  its  continuity.  Thta 
is  remedied  in  the  American  edition  by  throwing  all  the  authorities  into  foot-notes 
at  the  bottom  of  the  page,  an  arrangement  so  natural,  and,  withal,  so  convenient,  that 
it  is  surprising  it  should  not  have  been  adopted  by  the  English  editor. 

Another  blemish  in  the  English  edition  is  the  plan  of  appending  to  each  article  the 
initials  of  the  writer's  name,  which,  to  say  the  least  of  it,  gives  a  very  awkward  and 
clumsy  appearance  to  the  page.  In  the  American  edition  a  different  arrangement  is 
adopted.  A  full  reference  is  given  at  the  end  of  the  volume  to  the  different  articles 
furnished  by  the  different  contributors,  and  these  are  so  classified  that  it  can  be  as- 
certained at  a  glance  what  portions  have  been  supplied  by  each.  This,  indeed,  gives 
the  American  a  decided  advantage  over  the  English  edition. 

We  have  remarked  above,  that  the  present  work  is  intended  to  supersede  the  com- 
pilations of  Potter  and  Adams.  In  order  to  facilitate  this  most  desirable  change,  an 
Index  Raisonne  has  been  appended  to  the  volume,  in  which  the  whole  subject  of 
Greek  and  Roman  Antiquities  is  classified  under  appropriate  heads,  so  that,  by  means 
of  this  index,  the  present  work,  though  having  the  form  of  a  Dictionary,  may  be 
made,  with  the  utmost  ease,  to  answer  all  the  purposes  of  a  College  text-book.  No 
conscientious  and  honest  instructer,  therefore,  can  hesitate  for  an  instant  between 
the  work  which  is  here  presented  to  him  and  the  ordinary  text-books  of  the  day. 
In  the  preparation  of  the  indexes,  and,  indeed,  in  the  arrangement  of  the  entire 
work,  the  editor  has  to  acknowledge  the  valuable  aid  of  his  friend,  Mr.  Henry  Drisler, 
sub-rector  of  the  Grammar-school  of  Columbia  College,  to  whose  accuracy  and  faith- 
ful care  the  previous  volumes  of  the  Classical  Series  are  so  largely  indebted. 

Before  concluding  the  present  preface,  it  may  be  proper  to  remark,  that  in  a 
review  of  Mure's  Tour  in  Greece,  which  appeared  in  the  London  Quarterly  for 
June,  1842,  mention  is  made  of  an  ancient  bridge,  discovered  by  that  traveller 
in  Laconia,  which  the  reviewer  thinks  disproves  an  assertion  made  in  the  present 
work  relative  to  the  arch,  namely,  that  the  Romans  were  undoubtedly  the  first  peo- 
ple who  applied  the  arch  to  the  construction  of  bridges.  The  bridge  discovered 
by  Mr.  Mure,  over  a  tributary  of  the  Eurotas,  was  regarded  by  him  as  a  work  of  the 
remotest  antiquity,  probably  of  the  heroic  age  itself;  and  he  even  goes  so  far 
as  to  suppose  that  either  Homer  himself  or  Telemachus  may  have  crossed  this 
bridge  in  travelling  into  Laconia!  The  visionary  nature  of  such  speculations  must 
present  itself  to  every  mind  ;  and  we  have  preferred,  therefore,  waiting  for  farther 
information  on  this  subject,  and  allowing  the  article  in  the  Dictionary  to  remain  un- 
altered. Mr.  Mure's  Homeric  bridge  may  be  found  at  last  to  be  as  modern  a  struc- 
ture as  Fourmont's  temple  of  the  goddess  Oga  or  Onga,  near  AmyclaB,  supposed  to 
have  been  built  about  1500  B.C.,  but  which  Lord  Aberdeen  proved  to  be  a  modern 
Greek  chapel ! 

•CcJumbia  College,  Februar;  13, 1843. 


.PREFACE 

TO    THE    LONDON    EDITION. 


The  study  of  Greek  and  Eoman  Antiquities  has,  in  common  with  all  other  plulo 
ogical  studies,  made  great  progress  in  Europe  within  the  last  fifty  years.  The 
earlier  writers  on  the  subject,  whose  works  are  contained  in  the  collections  of  Gro- 
oovius  and  Grsevius,  display  little  historical  criticism,  and  give  no  comprehensive 
view  or  living  idea  of  the  public  and  private  life  of  the  ancients.  They  were  con- 
tented, for  the  most  part,  with  merely  collecting  facts,  and  arranging  them  in  some 
systematic  form,  and  seemed  not  to  have  felt  the  want  of  anything  more  :  they  wrote 
about  antiquity  as  if  the  people  had  never  existed  :  they  did  not  attempt  to  realize 
to  their  own  minds,  or  to  represent  to  those  of  others,  the  living  spirit  of  Greek  and 
Roman  civilization.  But,  by  the  labours  of  modern  scholars  life  has  been  breathed 
into  the  study:  men  are  no  longer  satisfied  with  isolated  facts  on  separate  depart- 
ments of  the  subject,  but  endeavour  to  form  some  conception  of  antiquity  as  an 
organic  whole,  and  to  trace  the  relation  of  one  part  to  another. 

There  is  scarcely  a  single  subject  included  under  the  general  name  of  Greek  and 
Roman  Antiquities  which  has  not  received  elucidation  from  the  writings  of  the 
modern  scholars  of  Germany.  The  history  and  political  relations  of  the  nations  of 
antiquity  have  been  placed  in  an  entirely  different  light  since  the  publication  of  Nie- 
buhr's  Roman  History,  which  gave  a  new  impulse  to  the  study,  and  has  been  suc- 
ceeded by  the  works  of  Bockh,  K.  O.  Muller,  Wachsmuth,  K.  F.  Hermann,  and  other 
distinguished  scholars.  The  study  of  the  Roman  law,  which  has  been  unaccountably 
neglected  in  this  country,  has  been  prosecuted  with  extraordinary  success  by  the 
great  jurists  of  Germany,  among  whom  Savigny  stands  pre-eminent,  and  claims  our 
profoundest  admiration.  The  subject  of  Attic  law,  though  in  a  scientific  point  of 
view  one  of  much  less  interest  and  importance  than  the  Roman  law,  but  without  a 
competent  knowledge  of  which  it  is  impossible  to  understand  the  Greek  orators,  has 
also  received  much  elucidation  from  the  writings  of  Meier,  Schomann,  Bunsen,  Plai- 
ner, Hudtwalcker,  and  others.  Nor  has  the  private  life  of  the  ancients  been  neglect- 
ed. The  discovery  of  Herculaneum  and  Pompeii  has  supplied  us  with  important 
information  on  the  subject,  which  has  also  been  discussed  with  ability  by  several 
modern  writers,  among  whom  W.  A.  Becker,  of  Leipzig,  deserves  to  be  particularly 
mentioned.  The  study  of  ancient  art  likewise,  to  which  our  scholars  have  paid  littU 
attention,  has  been  diligently  cultivated  in  Germany  from  the  time  of  Winckelmanr. 
and  Lessing,  who  founded  the  modern  school  of  criticism  in  art,  to  which  we  are 
indebted  for  so  many  valuable  works. 

While,  however,  so  much  has  been  done  in  every  department  of  the  subject,  no 
attempt  has  hitherto  been  made,  either  in  Germany  or  in  this  country,- to  make  the 
results  of  modern  researches  available  for  the  purposes  of  instruction,  by  giving 
them  in  a  single  work,  adapted  for  the  use  of  students.  At  present,  correct  infor- 
mation on  many  matters  of  antiquity  can  only  be  obtained  by  consulting  a  large 
number  of  costly  works,  which  few  students  can  have  access  to.  It  was  therefore 
thought  that  a  work  on  Greek  and  Roman  Antiquities,  which  should  be  founded  or 
a  careful  examination  of  the  original  sources,  with  such  aids  as  could  be  derived 
from  the  best  modern  writers,  and  which  should  bring  up  the  subject,  so  to  speak, 
to  the  present  state  of  philological  learning,  would  form  a  useful  acquisition  to  all 
persons  engaged  in  the  study  of  antiquity. 

It  was  supposed  that  this  work  might  fall  into  the  hands  of  two  different  classes 
of  readers,  and  it  was  therefore  considered  proper  to  provide  for  the  probable  wants 
of  each,  as  far  as  was  possible.  It  has  been  intended  not  only  for  schools,  but  also 
for  the  use  of  students  at  universities,  and  of  other  persons,  who  may  wish  to  obtain 
more  extensive  information  on  the  subject  than  an  elementary  work  can  supply 
Accordingly,  numerous  references  have  been  given,  not  only  to  the  classical  authors 
but  also  to  the  best  modern  waiters,  which  will  point  out  the  sources  of  information 
on  each  subject,  and  enable  the  reader  to  extend  his  inquiries  farther  if  he  wishes 


nii  PREFACE. 

A.t  the  same  time,  it  must  be  observed,  that  it  has  been  impossible  to  give  at  the  end 
of  each  article  the  whole  of  the  literature  which  belongs  to  it.  Such  a  list  of  works 
as  a  full  account  of  the  literature  would  require  would  have  swelled  the  work  much 
beyond  the  limits  of  a  single  volume,  and  it  has  therefore  only  been  possible  to  refer 
to  the  principal  modern  authorities.  This  has  been  more  particularly  the  case  with 
such  articles  as  treat  of  the  Roman  constitution  and  law,  on  which  the  modern  wri- 
ters are  almost  innumerable. 

A  work  like  the  present  might  have  been  arranged  either  in  a  systematic  or  an 
alphabetical  form.  Each  plan  has  its  advantages  and  disadvantages,  but  many  rea- 
sons induced  the  editor  to  adopt  the  latter.  Besides  the  obvious  advantage  of  an 
alphabetical  arrangement  in  a  work  of  reference  like  the  present,  it  enabled  the  edi- 
tor to  avail  himself  of  the  assistance  of  several  scholars  who  had  made  certain  de- 
partments of  antiquity  their  particular  study.  It  is  quite  impossible  that  a  work 
which  comprehends  all  the  subjects  included  under  Greek  and  Roman  Antiquities 
can  be  written  satisfactorily  by  any  one  individual.  As  it  was  therefore  absolutely 
necessary  to  divide  the  labour,  no  other  arrangement  offered  so  many  facilities  for 
the  purpose  as  that  which  has  been  adopted ;  in  addition  to  which,  the  form  of  a 
Dictionary  has  the  additional  advantage  of  enabling  the  writer  to  give  a  complete 
account  of  a  subject  under  one  head,  which  cannot  so  well  be  done  in  a  systematic 
work.  An  example  wrill  illustrate  what  is  meant.  A  history  of  the  patrician  and 
plebeian  orders  at  Rome  can  only  be  gained  from  a  systematic  work  by  putting 
together  the  statements  contained  in  many  different  parts  of  the  work,  while  in  a 
Dictionary  a  connected  view  of  their  history  is  given,  from  the  earliest  to  the  latesi 
times,  under  the  respective  words.  The  same  remark  will  apply  to  numerous  other 
subjects. 

The  initials  of  each  writer's  name  are  given  at  the  end  of  the  articles  he  has  writ 
ten,  and  a  list  of  the  names  of  the  contributors  is  prefixed  to  the  work.  It  may  be 
proper  to  state,  that  the  editor  is  not  answerable  for  every  opinion  or  statement 
contained  in  the  wrork :  he  has  endeavoured  to  obtain  the  best  assistance  that  he 
could;  but  he  has  not  thought  it  proper  or  necessary  to  exercise  more  than  a  gen- 
eral superintendence,  as  each  writer  has  attached  his  name  to  the  articles  he  has 
written,  and  is  therefore  responsible  for  them.  It  may  also  not  be  unnecessary  to 
remark,  in  order  to  guard  against  any  misconception,  that  each  writer  is  only  re- 
sponsible for  his  own  articles,  and  for  no  other  parts  of  the  work. 

Some  subjects  have  been  included  in-  the  present  work  'which  have  not  usually 
been  treated  of  in  works  on  Greek  and  Roman  Antiquities.  These  subjects  have 
been  inserted  on  account  of  the  important  influence  which  they  exercised  upon  the. 
public  and  private  life  of  the  ancients.  Thus,  considerable  space  has  been  given  to 
the  articles  on  Painting  and  Statuary,  and  also  to  those  on  the  different  departments 
of  the  Drama.  There  may  seem  to  be  some  inconsistency  and  apparent  capricious- 
ness  in  the  admission  and  rejection  of  subjects,  but  it  is  very  difficult  to  determine 
at  what  point  to  stop  in  a  work  of  this  kind.  A  Dictionary  of  Greek  and  Roman 
Antiquities,  if  understood  in  its  most  extensive  signification,  would  comprehend  an 
account  of  everything  relating  to  antiquity.  In- its  narrower  sense,  however,  the 
term  is  confined  to  an  account  of  the  public  and  private  life  of  the  Greeks  and  Ro- 
mans, and  it  is  convenient  to  adhere  to  this  signification  of  the  word,  however  arbi- 
trary it  may  be.  For  this  reason,  several  articles  have  been  inserted  in  the  work 
which  some  persons  may  regard  as  out  of  place,  and  others  have  been  omitted  which 
have  sometimes  been  improperly  included  in  writings  on  Greek  and  Roman  Antiqui- 
ties. Neither  the  names  of  persons  and  divinities,  nor  those  of  places,  have  been 
inserted  in  the  present  work,  as  the  former  will  be  treated  of  in  the  "  Dictionary  of 
Greek  and  Roman  Biography  and  Mythology,"  and  the  latter  in  the  "  Dictionary  of 
Greek  and  Roman  Geography." 

The  subjects  of  the  woodcuts  have  been  chosen  by  the  writers  of  the  articles  which 
they  illustrate,  and  the  drawings  have  been  made  under  their  superintendence.  Many 
of  these  have  been  taken  from  originals  in  the  British  Museum,  and  others  from  the 
different  works  which  contain  representations  of  works  of  ancient  art,  as  the  Museo 
Borbonico,  Musco  Capitolino,  Millin's  Peintures  de  Vases  Antiques,  Tischbein's  and 
D'Hancarville's  engravings  from  Sir  William  Hamilton's  Vases,  and  other  similar 
works.  Hitherto  little  use  has  been  made  in  this  country  of  existing  works  of  art 
for  the  purpose  of  illustrating  antiquity.  In  mnny  cases,  however,  the  representation 
of  an  object  gives  a  far  better  idea  of  the  purposes  for  which  it  was  intended,  and 


PREFACE.  ,i 

the  way  in  which  it  was  used,  than  any  explanation  in  words  only  can  convey.  Be- 
s;des  which,  some  acquaintance  with  the  remains  of  ancient  art  is  almost  essential 
to  a  proper  perception  of  the  spirit  of  antiquity,  and  would  tend  to  refine  and  elevate 
the  taste,  and  lead  to  a  just  appreciation  of  works  of  art  in  general. 

Considerable  care  has  been  taken  in  drawing  up  the  list  of  articles,  but  it  is  feared 
that  there  may  still  be  a  few  omissions.  Some  subjects,  however,  which  do  not 
occur  in  the  alphabetical  list,  are  treated  of  in  other  articles ;  and  it  will  be  found, 
by  reference  to  the  Index,  that  many  subjects  are  not  omitted  which  appear  to  be  so. 
The  reader  will  occasionally  find  some  words  referred  for  explanation  to  other  arti- 
cles, which  are  not  treated  of  under  the  articles  to  which  the  references  are  made. 
Such  instances,  however,  occur  but  rarely,  and  are  rectified  by  the  index,  where  the 
proper  references  are  given.  They  have  only  arisen  from  the  circumstance  of  its 
having  been  found  advisable,  in  the  course  of  the  work,  to  treat  of  them  under  differ- 
ent heads  from  those  which  were  originally  intended.  Some  inconsistency  may  also 
be  observed  in  the  use  of  Greek,  Latin,  and  English  words  for  the  names  of  the  arti- 
cles. The  Latin  language  has  generally  been  adopted  for  the  purpose,  and  the  sub- 
jects connected  with  Greek  antiquity  have  been  inserted  under  their  Greek  names, 
where  no  corresponding  words  existed  in  Latin.  In  some  cases,  however,  it  has,  for 
various  reasons,  been  found  more  convenient  to  insert  subjects  under  their  English 
names,  but  this  has  only  been  done  to  a  limited  extent.  Any  little  difficulty  which 
may  arise  from  this  circumstance  is  also  remedied  by  the  index,  where  the  subjects 
are  given  under  their  Greek,  Latin,  and  English  titles,  together  with  the  page  where 
they  are  treated  of.  The  words  have  been  arranged  according  to  the  order  of  the 
letters  in  the  Latin  alphabet. 

Mr.  George  Long,  who  has  contributed  to  this  work  the  articles  relating  to  Roman 
Law,  has  sent  the  editor  the  following  remarks,  which  he  wishes  to  make  respecting 
the  articles  he  has  written,  and  which  are  accordingly  subjoined  in  his  own  words  : 

"  The  writer  of  the  articles  marked  with  the  letters  G.  L.  considers  some  apology 
necessary  in  respect  of  what  he  has  contributed  to  this  work.  He  has  never  had  the 
advantage  of  attending  a  course  of  lectures  on  Roman  Law.  and  he  has  written  these 
articles  in  the  midst  of  numerous  encrarrements,  which  left  little  time  for  other  la- 

CO  ' 

bour.  The  want  of  proper  materials,  also,  was  often  felt,  and  it  would  have  been 
sufficient  to  prevent  the  writer  from  venturing  on  such  an  undertaking,  if  he  had  not 
been  able  to  avail  himself  of  the  library  of  his  friend,  Mr.  William  Wright,  of  Lin- 
coln's Inn.  These  circumstances  will,  perhaps,  be  some  excuse  for  the  errors  and 
imperfections  which  will  be  apparent  enough  to  those  who  are  competent  judges. 
It  is  only  those  who  have  formed  an  adequate  conception  of  the  extent  and  variety 
of  the  matter  of  law  in  general,  and  of  the  Roman  Law  in  particular,  who  can  esti- 
mate the  difficulty  of  writing  on  such  a  subject  in  England,  and  they  will  allow  to 
him  who  has  attempted  it  a  just  measure  of  indulgence.  The  writer  claims  such  in- 
dulgence from  those  living  writers  of  whose  labours  he  has  availed  himself,  if  any 
of  these  articles  should  ever  fall  in  their  way.  It  will  be  apparent  that  these  articles 
have  been  written  mainly  with  the  view  of  illustrating  the  classical  writers ;  and  that 
a  consideration  of  the  persons  for  whose  use  they  are  intended,  and  the  present  state 
of  knowledge  of  the  Roman  Law  in  this  country,  have  been  sufficient  reasons  for  the 
omission  of  many  important  matters  which  would  have  been  useless  to  most  readers, 
and  sometimes  unintelligible. 

"  Though  few  modern  writers  have  been  used,  compared  with  the  whole  number 
who  might  have  been  used,  they  are  not  absolutely  few,  and  many  of  them,  to  Eng- 
lishmen, are  new.  Many  of  them,  also,  are  the  best,  and  among  the  best  of  the  kind. 
The  difficulty  of  writing  these  articles  was  increased  by  the  want  of  books  in  the 
English  language ;  for,  though  we  have  many  writers  on  various  departments  of  the 
Roman  Law,  of  whom  two  or  three  have  been  referred  to,  they  have  been  seldom 
used,  and  with  very  little  profit." 

It  would  be  improper  to  close  these  remarks  without  stating  the  obligations  this 
work  is  under  to  Mr.  Long.  It  was  chiefly  through  his  advice  and  encouragement 
that  the  editor  was  induced  to  undertake  it,  and  during  its  progress  he  has  always 
been  ready  to  give  his  counsel  whenever  it  was  needed.  It  is,  therefore,  as  much  a 
matter  of  duty  as  it  is  of  pleasure  to  make  this  public  acknowledgment  to  him. 

WILLIAM  SMITH. 

London.  1842 


A    D  I  C  T  I  0  N  A  R 


OF 


GREEK    AND   ROMAN   ANTIQUITIES,    ETC 


ABACUS. 

♦ABACTJLUS  ( d6aKi<7Kog ),  a  diminutive  of  Ab- 
acus, is  principally  applied,  when  used  at  all,  to  the 
tiles  or  squares  of  a  tesselated  pavement.  {Vid. 
Abacus,  IT.) 

A.B'ACUS  (u6a% )  denoted  generally  and  prima- 
rily a  square  tablet  of  any  material.  Hence  we 
find  it  applied  in  the  following  special  significa- 
tions : 

I.  In  architecture  it  denoted  the  flat  square  stone 
which  constituted  the  highest  member  of  a  column, 
being  placed  immediately  under  the  architrave.  Its 
use  is  to  be  traced  back  to  the  very  infancy  of  ar- 
chitecture. As  the  trunk  of  the  tree,  which  sup- 
ported the  roof  of  the  early  log-hut,  required  to  be 
based  upon  a  flat  square  stone,  and  to  have  a  stone 
or  tile  of  similar  form  fixed  on  its  summit  to  pre- 
serve it  from  decay,  so  the  stone  column  in  after 
days  was  made  with  a  square  base,  and  was  cover- 
fd  with  an  Abacus.  The  annexed  figure  is  drawn 
from  that  in  the  British  Museum,  which  was  taken 
from  the  Parthenon  at  Athens,  and  is  a  perfect  spe- 
cimen of  the  capital  of  a  Doric  column. 


i 

/ 

>?T  T 

i  -^  • 

ll 

i 
i 

. 

\h  the  more  ornamented  orders  of  architecture, 
*uch  as  the  Corinthian,  the  sides  of  the  abacus  were 
eurvtd  inward,  and  a  rose  or  some  other  decoration 
was  frequently  placed  in  the  middle  of  each  side ; 
but  the  name  Abacus  was  given  to  the  stone  thus 
diversified  and  enriched,  as  well  as  in  its  original 
form.1 

II.  The  diminutive  Abaculus  (afar/uncos)  denoted 
a  tile  of  marble,  glass,  or  any  other  substance  used 
for  making  ornamental  pavements. 

Pliny,  in  his  account  of  glass,  says,'  "  It  is  artifi- 
cially stained  as  in  making  the  small  tiles,  which 
some  persons  call  abaculi."  Moschion  says  that 
the  magnificent  ship  built  by  Archimedes  for  Hiero, 
king  of  Syracuse,  contained  a  pavement  made  of 
such  tiles,  of  various  colours  and  materials.8 

III.  Abacus  was  also  employed  in  architecture 
to  denote  a  panel,  coffer,  or  square  compartment  in 
the  wall  or  ceiling  of  a  chamber.    As  panels  are 


1  (Vitruv.%  iii.,  3;  iv.,  1,  7.)— 2.  (H.  N.,  xxxvi.,  67.)— 3. 
(ArfrciW  iv  aSaicfoKois  cvyKtiiizvov  h  iravrolwy  \lQu)v.  Apud 
Ithon.,  v.,  207  ) 

B 


ABACUS. 

intended  for  variety  and  ornament,  they  were  en- 
riched with  painting.1  Pliny,  in  describing  the 
progress  of  luxury  with  respect  to  the  decoration  oi 
apartments,  says  that  the  Romans  were  now  no  long- 
er satisfied  with  panels,3  and  were  beginning  even 
to  paint  upon  marble. 

IV.  Abacus  farther  denoted  a  wooden  tray,  i.  e.k 
a  square  board  surrounded  by  a  raised  border.  This 
may  have  been  the  article  intended  by  Cato,  when, 
in  his  enumeration  of  the  things  necessary  in  fur- 
nishing a  farm  (olivetum),  he  mentions  "  one  aba- 
cus." 


»s 


.  Such  a  tray  would  be  useful  for  various  purpo- 
ses.* It  might  very  well  be  used  for  making  bread 
and  confectionary;  and  hence  the  name  of  abacus 
(a6a!-,  addiuov)  was  given  to  the  ftdnTpa,  i.  e.,  the 
board  or  tray  for  kneading  dough.6 

V.  A  tray  of  the  same  description,  covered  \»  "th 
sand  or  dust,  was  used  by  mathematicians  for  drav  - 
ing  diagrams.6 

VI.  It  is  evident  that  this  contrivance  would  be 
no  less  serviceable  to  the  arithmetician-  and  to  this 
application  of  it  Persius  alludes,  when  he  censures 
the  man  who  ridiculed  "  the  numbers  on  the  abacus 
and  the  partitions  in  its  divided  dust."7  In  this  in- 
stance the  poet  seems  to  have  supposed  perpendicu- 
lar lines  or  channels  to  have  been  drawn  in  the  sand 
upon  the  board ;  and  the  instrument  might  thus,  in 
the  simplest  and  easiest  manner,  be  adapted  foi 
arithmetical  computation. 

It  appears  that  the  same  purpose  was  answered 
by  having  a  similar  tray  with  perpendicular  wood- 
en divisions,  the  space  on  the  right  hand  being  in- 
tended for  units,  the  next  space  for  tens,  the  next  for 
hundreds,  and  so  on.  Thus  was  constructed  "  the 
abacus  on  which  they  calculate,"8  i.  c,  reckon  by 
the  use  of  stones.9  The  figure  following  is  design- 
ed to  represent  the  probable  form  and  appeal  ance  of 
such  an  abacus. 

The  reader  will  observe,  that  stone  after  stone 
might  be  put  into  the  right-hand  partition  until  they 
amounted  to  1 0,  when  it  would  be  necessary  to  take 
them  all  out  as  represented  in  the  figure,  and  in- 
stead of  them  to  put  one  stone  into  the  next  parti- 
tion. The  stones  in  this  division  might  in  like  man- 
ner amount  to  10,  thus  representing  10x10=100, 
when  it  would  be  necessary  to  take  out  the  10,  and 
instead  of  them  to  put  one  stone  into  the  third  par- 
tition, and  so  on.  On  this  principle,  the  stones  in 
the  abacus,  as  delineated  in  the  figure,  would  be 
equivalent  to  359,310. 


1.  (Plin.,  H.  N.,  xxxiii.,  56;  xxxv.,  13.)— 2.  ("  Non  placed 
jam  abaci :"  H.  N.,  xxxv.,  1.)— 3.  (De  Re  Rust.,  10.)— 4.  ( Vid 
Cnitin.,  Fragro.,  ed.  Runkel,  p.  27.— Pollux,  vi.,  90;  x.,  105.-- 
Rekkcr,  Anec.  Graec,  i.,  27.) — 5.  (Hesych.,  s.  v.  Ma'/crpa.— 
Schol.  in  Theoc.,  iv.,  61.)— 6.  (Eustath.  in  Od.;  i.,  107,  p.  1397 .J 
— 7.  ("  Abaco  numeros,  et  secto  in  pulvere  metas  :"  Pcrs.,  Sat., 
i.,  131.) — 8.  (a6aKiov  i<b'  ov  ty-qQi^ovoiv  :  Eus'ath  in  Od i.  ir.. 
249.  p.  1494.)— 9.  i^nQoi,  cak  uli  J 


ABACUS. 


ABLEGMINA. 


It  is  evident  that  the  same  method  might  be  em- 
ployed in  adding,  subtracting,  or  multiplying  weights 
and  measures,  and  sums  of  money.  Thus  the  stones, 
as  arranged  in  the  figure,  might  stand  for  3  stadia,  5 
plefira,  9  fathoms,  3  cubits,  and  I  foot.  The  abacus, 
however,  can  never  be  much  used  by  us  at  the  pres- 
ent day,  owing  to  our  various  divisions  of  weights 
and  measures,  &c.  We  should  need  one  abacus  for 
dollars,  cents,  &c;  another  for  avoirdupois  weight; 
a  third  for  troy  weight,  and  so  on.  In  China,  how- 
ever, where  the  whole  system  is  decimal,  that  is, 
where  every  measure,  weight,  &c,  is  the  tenth  part 
of  the  next  greater  one,  this  instrument,  called 
Shwanpan,  is  very  much  used,  and  with  astonishing 
rapidity.  It  is  said  that,  while  one  man  reads  over 
rapidly  a  number  of  sums  of  money,  another  can 
add  them  so  as  to  give  the  total  as  soon  as  the  first 
has  done  reading. 

That  the  spaces  of  the  abacus  actually  denoted 
different  values,  may  be  inferred  from  the  following 
comparison  in  Polybius:1  "All  men  are  subject  to 
be  elevated  and  again  depressed  by  the  most  fleet- 
ing events;  but  this  is  particularly  the  case  with 
those  who  frequent  the  palaces  of  kings.  They  are 
like  the  stones  upon  abaci,2  which,  according  to  the 
pleasure  of  the  calculator,3  are  at  one  time  the  value 
of  a  small  copper  coin,*  and  immediately  afterward 
are  worth  a  talent  of  gold.5  Thus  courtiers  at  the 
monarch's  nod  may  suddenly  become  either  happy 
or  miserable." 

VII.  By  another  variation  the  Abacus  was  adapt- 
ed for  playing  with  dice  or  counters.  The  Greeks 
^ad  a  tradition  ascribing  this  contrivance  to  Palame- 
des;  hence  they  called  it  "the  abacus  of  Palame- 
des."6  It  probably  bore  a  considerable  resemblance 
to  the  modern  backgammon-board,  dice7  being 
thrown  for  the  moves,  and  the  "  men"8  placed  ac- 
cording to  the  numbers  thrown  on  the  successive 
lines  or  spaces  of  the  board. 

VIII.  The  tenn  Abacus  was  also  applied  to  a 
kind  of  cupboard,  sideboard,  or  cabinet,  the  exact 
form  of  which  can  only  be  inferred  from  the  inci- 
dental mention  of  it  by  ancient  writers.  It  appears 
that  it  had  partitions  for  holding  cups  and  all  kinds 
of  valuable  and  ornamental  utensils: 

"  Nee  per  multiplices  abaco  splendente  cavernas 
Argenli  nigri  pocula  defodiam."9 

This  passage  must  evidently  have  referred  to  a  piece 
of  furniture  with  numerous  cells,  and  of  a  compli- 
cated construction.  If  we  suppose  it  to  have  been 
a  square  frame  with  shelves  or  partitions,  in  some 
degree  corresponding  to  the  divisions  which  have 
been  described  under  the  last  two  heads,  we  shall 
see  that  the  term  might  easily  be  transferred  from 
all  its  other  applications  to  the  sense  now  under 
consideration. 

We  are  informed  that  luxuries  of  this  description 
were  first  introduced  at  Rome  from  Asia  Minor 

1.  (v.,  26.) -2.  (rals  hi   rw^  aSaiduv   \pfj<f>ois.)— 3.  (*/■#£- 
toi-roj.) — 4.  (x<i\kovv.) — 5.  (raSavrov.) — 6.  (to   TlaXnur/Setnv 
i$&Kiov  :    Eustath.  m  Od.,  i.,  107,  p.  1396.)— 7.    (kv6oi.)—8. 
a-fcruo/.)—  9.  (Sidon.  Apoll.,  Car  xvii.,  7,  8.) 
JO 


after  the  victories  of  Cn.  Manrius  Vulso,  A.U.C 
567.1 

In  the  above  passage  of  Sidonius,  the  principal 
use  of  the  abacus  now  described  is  indicated  by  the 
word  argenti,  referring  to  the  vessels  of  silver  which 
it  contained,  and  being  probably  designed,  like  our 
word  "plate,"  to  include  similar  articles  made  of 
gold  and  other  precious  substances.2 

The  term  abacus  must,  however,  have  been  ap- 
plicable to  cupboards  of  a  simple  and  unadorned 
appearance.  Juvenal  says  of  the  triclinium  ana 
drinking-vessels  of  a  poor  man, 

"  Lectus  erat  Codro  Procula  minor,  urceoli  sex 
Ornamentum  abaci,  necnon  et  parvulus  infra 
Cantharus."3 

The  abacus  was,  in  fact,  part  of  the  furniture  of  a 
triclinium,  and  was  intended  to  contain  the  vessels 
usually  required  at  meals. 

IX.  Lastly,  a  part  of  the  theatre  was  called 
ada/cec,  "  the  abaci."  It  seems  to  have  been  on  or 
near  the  stage ;  farther  than  this  its  position  cannot 
be  at  present  determined.  We  may,  however,  infer 
that  the  general  idea,  characteristic  of  abaci  in  ev- 
ery other  sense,  viz.,  that  of  a  square  tablet,  was  ap- 
plicable in  this  case  also. 

ABALIENA'TIO.    (Vid.  Mancipiumj  Manci- 

PATIO.) 

ABDICATIO.  (Vid.  Magistratus,  Afoceryx- 
is.) 

*AB'IES,  the  "Fir,"  a  genus  of  trees  of  the  co 
niferous  tribe,  well  known  for  the  valuable  timbei 
which  is  produced  by  many  of  the  species.  The  or- 
igin of  the  Latin  name  is  unknown ;  that  of  the  Eng- 
lish appellation  is  the  Saxon  furh-wudu,  "fir-wood.'' 
The  Abies  Picea,  or  "  Silver  Fir,"  is  the  kind  styJ^d 
by  Virgil  pulcherrima  ("  most  beautiful"),  and  rii  niy 
merits  the  name.  Antiquarians  have  lost  them 
selves  in  vain  attempts  to  reconcile  the  declaration 
of  Caesar  (5,  12),  that  he  found  in  Britain  all  the 
trees  of  Gaul  except  the  beech  and  abies,  with  tht 
well-known  fact  that  fir-wood  is  abundant  in  the 
ancient  English  mosses,  and  has  been  met  with  even 
beneath  the  foundations  of  Roman  roads.  What 
Caesar  meant  was,  no  doubt,  that  he  did  not  mee: 
with  the  silver  fir  in  Britain ;  of  the  pine  he  says  no- 
thing, and  therefore  it  is  to  be  presumed  that  he 
found  it. — The  common  k/Arn  of  the. Greeks  must 
have  been  either  the  Pinus  abies  or  the  Pinus  Ori- 
entalis  (Tournefort).  There  is  some  difficulty  in 
distinguishing  the  male  and  female  species  of  Theo- 
phrastus.  Stackhouse  holds  the  former  to  be  the 
Pinus  abies,  or  common  "Fir-tree,"  and  the  latter 
the  Pinus  picea,  or  "Yellow-leaved  Fir."*' 

*AB'IGA,the  herb  "ground-pine,"  called  also  "  St. 
John's  wort."  The  Latin  name  is  derived  from  this 
plant's  having  been  used  to  produce  abortion.5  The 
Abiga  is  the  same  with  the  Chameepitys  (Xafiacrri- 
tvc)  of  the  Greeks.  The  three  species  of  the  latter 
described  by  Dioscorides  have  been  the  subject  of 
much  diversity  of  opinion.  The  1st  would  seem  to 
have  been  the  Ajiga  Chamcepitys ;  the  3d  the  Ajiga 
iva  (according  to  Bauhin  and  Sprengel);  while  thf 
2d,  according  to  the  latter,  is  either  the  Teucrium 
supinum  or  montanum.6  These  plants,  rich  in  es- 
sential oil,  are  tonic  and  aromatic.  All  chat  we 
find  in  Dioscorides  and  in  Pliny  (who  copies  him), 
which  does  not  refer  to  these  properties,  is  merely 
hypothetical,  and  does  not  merit  refutation.7 

ABLEC'TI.     (Vid.  Extraordinary) 

ABLEG'MINA  (anoleyfiol)  were  the  parts  of  the 
victim  which  were  offered  to  the  gods  in  sacrifce. 
The  word  is  derived  from  ablegere,  in  imitatior  of 

1.  (Liv.,  xxxix.,  6— Plin.,  H.  N.,  xxxix.,  8.)— 2.  (Vid.  Cic, 
Tusc,  v.,  21.— Varro,  de  Ling.  Lat.,  ix.,  33,  p.  489,ed.  Spen 
eel.)— 3.  (Sat.,  iii.,  187.) — 4.  (Adams,  Append.,  s.  v.  f\dnj.)—& 
("Quod  alngat  partus."  Vid.  Plin.,  H.  N.,  xxiv.,  6.)-^6.  (Ad- 
ams, Append.,  s.  v.  xouai~iTvs-)~1  (Dioscorid.,  iii ,  175  — F6i 
in  Plin.,  1.  c.) 


ABRAMIS. 


ACANTHA. 


trie  Greek  uxoXeyeiv,  which  is  used  in  a  similar 
manner.  These  parts  were  also  called  Porricia, 
Prosegmina,  Prosccta.     {Vid.  Sacrifices.) 

ABOL'LA,  a  woollen  cloak  or  pall,  is  probably- 
only  a  varied  form  of  pallium  (<pupoc),  with  which 
this  word  is  nearly,  if  not  altogether,  identical  in 
signification.  The  form  and  manner  of  wearing 
the  abolla  may  be  seen  in  the  figures  annexed, 
which  are  taken  from  the  bas-reliefs  on  the  tri- 
joinhal  arch  of  Septimius  Severus  at  Rome. 


The  word  was  in  use  before  the  Augustan  age ; 
for  it  occurs  in  a  passage  cited  by  Nonius  Marcel- 
la?  from  one  of  the  satires  of  Varro.  Nonius  Mar- 
cellus  quotes  the  passage  to  show  that  this  garment 
was  worn  by  soldiers  (vcstis  milita/is),  and  thus  op- 
posed to  the  toga.  There  can  be  no  doubt  that  it 
was  more  especially  the  dress  of  soldiers,  because 
the  toga,  which  was  used  instead  of  it  in  the  time  of 
peace,  though  of  a  similar  form  and  application, 
was  much  too  large,  and  wrapped  in  too  many  folds 
about  the  body  to  be  convenient  in  time  of  war. 
But  it  is  a.^o  clear,  from  many  passages  in  ancient 
authors,  that  the  abolla  was  by  no  means  confined 
in  its  use  to  military  occasions.1 

Juvenal,  speaking  of  a  person  who  heard  unex- 
pectedly that  it  was  necessary  for  him  to  attend 
upon  the  emperor,  says,  "  He  took  up  his  cloak  in  a 
great  hurrv."2  This  action  suited  the  use  of  a  gar- 
ment, made  simply  to  be  thrown  over  the  shoulders 
and  fastened  with  a  fibula.  The  same  poet  calls  a 
very  cruel  and  base  action  facinus  mojoris  abolla, 
literally  "  a  crime  of  a  larger  cloak."  The  expres- 
sion has  been  explained  as  meaning  "  a  crime  of  a 
deeper  dye,"  and  "  a  crime  committed  by  a  philos- 
opher of  a  graver  character."  Probably  it  meant  a 
crime  so  enormous  as  to  require  a  larger  cloak  to 
hide  it.  This  is  supported  by  the  authority  of  the 
ancient  scholiast  on  Juvenal,  who  explains  mojoris 
abolla  as  equivalent  to  major [s  pallii.  {Vid.  Pal- 
lium.) 

The  Periplus  of  the  Erythrean  Sea  mentions  abol- 
la among  the  articles  imported  into  the  kingdom  of 
the  Axumites  ill  Abyssinia;  and  the  expression 
iuaTiuv  u65X2.ai,  used  hy  the  writer,  is  an  additional 
proof  that  the  abolla  was  a  kind  of  l/nariov,  i.  e.,  a 
square  01  rectangular  piece  of  woollen  cloth,  a 
cloak,  or  pall. 

•AB'RAMIS  Ckbpauic),  the  name  of  a  fish  men- 
tioned by  Oppian3  and  Athenoeus.*  According  to 
Goray,  it  is  the  Bream,  namely,  the  Cyprinus  Brama, 
L.,  or  Abramis  Vulgaris  (Cuvier).  Rondelet,  howev- 
er, with  whom  Gesner  is  disposed  to  concur,  suppo- 
ses it  a  species  or  variety  of  the  Optica  (Thrissa).5 

I.  (Sueton.,  Cah?..  c.   35.— Martial,  1.,    133;   Tin.,  48.)— 2. 
"  Rapta  properahat  almlla."  iv.,  75.)  —3    (Hal.,  i.,  244.) — 4    (vii.. 
112,  b.) — 5    (Adams,  Append..  3   v.) 


ABROGA'TIG.     [Vid.  Lux.) 

♦ABIIOT'ONUM  (MpoTovov),  a  plant,  o/  which 
two  species  are  described  by  Dioscorides,1  ihe  male 
and  the  female.  The  former  of  these  by  the  al- 
most general  agreement  of  the  commeu.ators  and 
botanical  authorities,  is  referred  to  the  Artemisia 
Abrotonum,  L.,  or  Southernwood.  About  the  other 
species  there  is  great  diversity  of  opinion.  Fuch^ 
sius  makes  it  the  Artemisia  Pontica ;  Dodonaeus,  the 
A.  arborescens ;  and  Matthiolus,  the  Sanlolina  Cham- 
acyparissus,  or  common  Lavender  Cotton.  Adams 
decides  in  favour  of  the  last.  Galen  recognises  the 
two  species  described  by  Dioscorides;  butNicander, 
Paulus  iEgineta,  and  most  of  the  other  writers  on 
the  Materia  Medica,  notice  only  one  species,  which 
no  doubt  was  the  A.  abrotonum.* 

♦ABSIN'THIUM  (uTJuvdiov),  a  plant,  of  which 
Dioscorides  describes  three  species.  The  first  of 
these  is  pretty  generally  acknowledged  to  be  the 
Artemisia  absinthium,  or  common  wormwood;  but 
Sprengel  hesitates  whether  he  should  not  also  com- 
prehend the  A.  Pontica  under  it,  which  latter,  indeed, 
Bauhin  held  to  be  the  true  Roman  wormwood.  The 
second  species  is  the  Artemisia  maritima.  The  third 
is  held  by  Sprengel  to  be  the  A.  palmata,  L.,  which, 
it  appears,  is  indigenous  in  Santonge.  The  A.  san- 
lonica,  L.,  being  confined  to  Tartary  and  the  north- 
ern parts  of  Persia,  it  is  not  likely  that  the  ancients 
were  acquainted  with  it.3 

ABSOLU'TIO.     (Vid.  Judicium.) 

ABSTINEN'DI  BENEFIC'IUM.  (F^.Hkres.j 

*ACA'CALIS  or  ACALL'IS  (d/ca/caA/f,  d/azA/if), 
a  plant;  according  to  Sprengel,  the  Tamarix  Orv 
entalis,  called  Tamarix  articulata  by  Vahl.4 

*ACA'CIA  (uKa/cia),  a  plant,  which,  according  to 
Sprengel,  and  most  of  the  authorities,  is  the  Acacia 
Vera,  Willd. ;  but,  according  to  Dierbach,  it  is  the 
Acacia  Senegal.  Hill  remarks,  that  the  tree  which 
produces  the  succus  acacia,  is  the  same  as  that 
which  yields  the  gum  arabic.  The  acacia  gets  the 
English  name  of  the  Egyptian  thorn.5 

ACAI'NA  (uKaiva),  a  measure  of  length,  equiva- 
lent to  ten  Greek  feet. 

*ACALETHE  (d/caAr/^,  or  Kvidv),  I.  a  kind  of 
shellfish,  belonging  to  the  genus  Urtica  ("  Sea-net- 
tle"), of  which  there  are  several  species.  Linnaeus 
places  the  Urtica  among  Zoophyta,  but  it  belongs 
more  properly  to  the  class  Mollusca.  Sprengel  de- 
cides, that  the  Urtica  marina  of  the  ancients  is  the 
Actinia  senilis.6  Coray  gives  its  French  name  as 
Ortie  de  mer.  Pennant  says,  the  ancients  divided 
their  kvl6tj  into  tAvo  classes,  those  which  adhere  t<^ 
rocks  (the  Actinia  of  Linnaeus),  and  those  that  wan- 
der through  the  element.  The  latter  are  called  by 
late  writers  Urtica  soluta ;  by  Linnaeus,  Medusa ;  by 
the  common  people,  "  Sea  "jellies,"  or  "  Sea  blub- 
bers."7— II.  A  species  of  plant,  the  "nettle."  Di- 
oscorides describes  two  species,  which  Sprengel 
holds  to  be  the  Urtica  dioica  ("  great  nettle")  and 
the  U.  urens  ("  little  nettle").8 

*  ACANTHA  (aicavda),  the  Thorn.  Eight  spe 
cies  are  described  by  Theophrastus,  none  ol  which 
are  satisfactorily  determined  by  Stackhoust  and 
Schneider.  There  is  great  diversity  of  opinion 
respecting  the  two  species  described  by  Dioscori- 
des.9 Sprengel,  upon  the  whole,  inclines  to  the 
opinion  of  Sihthorp,  that  the  unavBa  AtvKrj  is  the 
Cirsium  Acarna,  Cand.  ;  and  the  unavda  'kpa6iKTt 
the  Onopordum  Arabicum.  Botanists  even  yet  find 
great  difficulty  in  distinguishing  the  different  species 
and  genera  of  Thorns  and  Thistles,  and  the  nomen- 
clature of  this  tribe  of  plants  is  very  unsettled.10 

♦ACANTHIAS  GAL'EOS  (anavBcac  yaleoc),  a 


1.  (Mat..  Med.,  iii.,  26.)— 2.  (Adams,  Append.,  s.  v.)—* 
(Adams,  Append.,  s.  v.  a^ivQ.) — 4  (Adams,  Append.,  s.  r 
a.K(i\\i<;.) — 5.  (Adams,  Append.,  s.  v.  ixaKta.) — 6.  (Comment 
in  Diosconrl.)—  7.  (Aristot.,  II.  A.,  iv.,  5.— Adams,  Append.,  8.  v 
nKn\ri&fi-) — 8.  (Dio3cor.,  iv.,  72.— Adams.  Append.,  s  v.) — • 
(hi..  12.) — 10    (Adams,  Apr  end.,  s  v.) 

I' 


ACAT10N. 


ACCESSIO. 


species  of  fish,  the  Squalus  Acanthias,  L.,  or  Spinax 
Acanthias  of  later  authorities  ;  in  English,  the  "  Pi- 
ked Dog"  or  "  Hound  Fish."  It  is  common  on  the 
shores  of  England  and  in  the  Mediterranean.  Pen- 
nant also  says  that  it  swarms  on  the  Scottish  coast. 
It  weighs  about  20  lbs.  This  is  the  species  of  shark 
often  taken  between  Edinburgh  and  Aberdeen.1 

~AC AN'  THIS  (aKavdlg),  so  called  by  Aristotle, 
is  probably  the  same  plant  as  the  analavdlg  of  Ar- 
istophanes, and  the  aKavQvXkie  of  Hesychius.  It 
is  the  Acanthis  of  Pliny  and  Virgil.  Gesner,  with 
great  probability,  refers  it  to  the  "  Siskin,"  namely, 
the  Fringilla  spi?ms,  L.,  or  Carduelis  spinus,  Cuvier. 
Professor  Rennie  says  it  is  called  "Aberdevine" 
near  London.2 

♦ACANTHUS  (uicavdoc),  I.  the  name  by  which 
the  broad  raffled  leaf  used  in  the  enrichment  of  the 
Corinthian  capital  is  known,  It  is  thus  called  be- 
cause of  its  general  resemblance  to  the  leaves  of  a 
species  of  the  Acanthus  plant.     (Vid.  Columna.) 

II.  Under  this  name  have  been  described  by  ancient 
authors  at  least  three  totally  different  plants.  First, 
a  prickly  tree,  with  smooth  evergreen  leaves,  and 
small,  round,  saffron-coloured  berries,  frequently  al- 
luded to  by  Virgil ;  this  is  conjectured  to  have  been 
the  Holly.  Secondly,  a  prickly  Eg}rptian  tree,  de- 
scribed by  Theophrastus  as  having  pods  like  those 
of  a  bean;  it  is  probable  that  this  was  the  Acacia 
Arabica.  Thirdly,  an  herb  mentioned  by  Dioscori- 
des,  with  broad  prickly  leaves,  which  perish  at  the 
approach  of  winter,  and  again  sprout  forth  with  the 
return  of  spring.  To  this  latter  plant  the  name  is 
now  aj  plied.  The  word  in  all  cases  alludes  to  the 
prickly  nature  of  the  leaves  or  stems.  It  is  this  last 
species  which  is  usually  supposed  to  have  given 
rise  to  the  notion  of  the  Corinthian  capital.  But  it 
appears  from  the  investigation  of  Dr.  Sibthorp,  that 
it  is  nowhere  to  be  found,  either  in  the  Creek  isl- 
ands, or  in  any  part  of  the  Peloponnesus  ;  and  that 
the  plant  which  Dioscorides  must  have  meant  was 
ibe  Acanthus  spinosus,  still  called  uicavda,  which  is 
found,  as  he  describes  it,  on  the  borders  of  cultiva- 
ted grounds  or  of  gardens,  and  is  frequent  in  rocky 
moist  situations.3 

♦ACANTHYLLTS  (aKavdvMZe).  As  has  been 
stated  under  Acanthis,  the  anavdvXkle  of  Hesychi- 
us is  most  probably  the  "  Siskin;"  but  that  of  Aris- 
totle is  certainly  different,  being  the  Picus  varius 
according  to  Camus.4 

ACAP'NA  LIG'NA  (a  priv.,  and  Kanvofi,  called 
also  coda,  were  logs  of  wood  dried  with  great  care 
in  order  to  prevent  smoke.  Pliny  says  that  wood 
soaked  with  the  lees  of  oil  (amurcd)  burned  without 
smoke.5 

Acapnon  fuel,  which  was  considered  the  best  kind 
of  honey,  was  obtained  without  driving  out  the  bees 
from  their  hives  by  smoke,  which  was  the  usual 
method  of  procuring  it.6 

ACATION  (ukutlov,  a  diminutive  of  uKaroc,  a 
small  vessel),7  a  small  vessel  or  boat,  which  appears 
to  have  been  the  same  as  the  Roman  scapha ;  since 
Suetonius,8  in  relating  the  escape  of  Caesar  from 
Alexandrea,  says  that  he  jumped  into  a  scapha, 
which  Plutarch,  in  narrating  the  same  events,  calls 
an  ukutlov.  Tnucydides9  speaks  of  ('ucariov  u/uf>7?pi- 
x.bv,  which  is  explained  by  the  scholiast,  UXoiuptov 
kKartpcjdev  eperrao/nevov,  kv  <h  ZnaoToc  rtiv  fkavvov- 
tuv  diKuviac  eptTTet. 

The  anuria  were  also  sails,  which,  according  to 
the  description  of  Xenophon,  were  adapted  for  fast 
sailing.     They  are  opposed  by  him  to  the  [uvula 


tana. 


10 


1.  (Adams,  Append.,  s.  v.) — 2.  ( Adams,  Append.,  s.  v.  aKav- 
9i;.) — 3.  (Theophrast.,  H.  P.,  iii.,  4.  seqq — Dioscor.,  iii.,  119.) 
— 4.  (Aristot.,  IT.  A.,  viii.,  5.) — 5.  (II.  N.,xv.,8. — Martial,  xiii., 
15.)— 6.  (Plin.,  II.  N.,  xi.,  15.— Colum.,  vi.,  33.)— 7.  ('Ei<  rotm 
enaywyoloi  Hk&tomti  :  Herod.,  vii.,  180;  compare  Pindar, 
Pyth.,  xi.,  02  ;  Nem.,  v.,  5.)— 8.  (Jul.,  04.)— 9.  (iv.,  07.)— 10. 
Xen.,  Hell.,  vi.,  2,  t)  27.— Schneidei,  in  loc.) 


12 


ACCEN'SL  I.  The  Accenscs  was  a  public 
officer  who  attended  on  several  of  the  Roman  ma- 
gistrates. He  anciently  preceded  the  consul,  who 
had  not  the  fasces,  which  custom,  after  being  long 
disused,  was  restored  by  Julius  Caesar  in  his  first 
consulship,1  It  was  the  duty  of  the  accensi  to 
summon  the  people  to  the  assemblies,  and  those 
who  had  lawsuits  to  court ;  and  also,  by  command 
of  the  consul  and  praetor,  to  proclaim  the  tims, 
when  it  was  the  third  hour,  the  sixth  hour,  and  tha 
ninth  hour.2  Accensi  also  attended  on  the  govern- 
ors of  provinces,3  and  were  commonly  freedmen 
of  the  magistrate  on  whom  they  attended.  Varro 
describes  the  word  from  acciendo,  because  they  sum- 
moned the  people  ;  other  writers  suppose  it  to  cohw 
from  accensere. 

II.  The  Accensi  were  also  a  class  of  soldiers  in 
the  Roman  army.  It  appears  that  after  the  fult 
number  of  the  legion  had  been  completed,  some 
supernumerary  soldiers  were  enlisted,  who  might 
be  always  ready  to  supply  any  vacancies  in  the 
legion.  These  soldiers,  who  were  called  adscriptivi 
or  adscriptitii  (because,  says  Festus,  supplcndis  legi- 
onibus  adscribebantur),  were  usually  unaccustomed 
to  military  service,  and  were  assigned  to  different 
centurions  to  be  instructed  in  their  duties.  After 
they  had  been  formed  into  a  regular  corps,  they  ob- 
tained the  name  of  accensi,  and  were  reckoned 
among  the  light-armed  troops.4  In  later  times 
they  were  also  called  supemumerarii.5  They  were 
placed  in  battle  in  the  rear  of  the  army,  behind  the 
triarii.6  They  had  properly  no  military  duty  to 
perform,  since  they  did  not  march  in  troops  against 
the  enemy.  They  were,  according  tc  the  census  oi 
Servius  Tullius,  taken  from  the  fifth  class  of  citi- 
zens.7 

ACCEPTILATIO  is  denned  to  be  a  release  by 
mutual  interrogation  between  debtor  and  creditor, 
by  which  each  party  is  exonerated  from  the  samf 
contract.  In  other  words,  acceptilatio  is  the  forrr 
of  words  by  which  a  creditor  releases  his  debtoj 
from  a  debt  or  obligation,  and  acknowledges  he  ha* 
received  that  which  in  fact  he  has  not  received. 
This  release  of  debt  by  acceptilatio  applies  only  to 
such  debts  as  have  been  contracted  by  stipulatio, 
conformably  to  a  rule  of  Roman  law,  that  only  con- 
tracts made  by  words  can  be  put  an  end  to  by 
words.  But  the  astuteness  of  the  Roman  lawyers 
found  a  mode  of  complying  with  the  rule,  and  at 
the  same  time  extending  the  acceptilatio  to  all 
kinds  and  to  any  number  of  contracts.  This  was 
the  invention  of  Gallus  Aquilius,  who  devised  a 
formula  for  reducing  all  and  every  kind  of  contracts 
to  the  stipulatio.  This  being  done,  the  acceptilatio 
would  immediately  apply,  inasmuch  as  the  mattei 
was  by  such  formula  brought  within  the  general 
rule  of  law  above  mentioned.  The  acceptilatio 
must  be  absolute  and  not  conditional.  A  part  of  a 
debt  or  obligation  might  be  released  as  well  as  the 
whole,  provided  the  thing  was  in  its  nature  capable 
of  division.  A  pupillus  could  not  release  a  debt  by 
acceptilatio,  without  the  consent  of  his  tutor,  but  he 
could,  be  released  from  a  debt.  The  phrase  by 
which  a  creditor  is  said  to  release  his  debtor  by  ac- 
ceptilatio is,  debiiori  acccptvm,  or  accepto  facere  or 
ferre,  or  dccepimm  habere.  When  anything  which 
was  done  on  the  behalf  of  or  for  the  state,  such  as  a 
building,  for  instance,  was  approved  by  the  compe- 
tent authorities,  it  was  said,  in  acceptvm  fori  oi 
refcrri* 

ACCES'SIO  is  a  legal  term,  by  which  is  ex- 
pressed the  produce  or  increase  of  anything,  and, 
at  the  same  time,  the  notion  of  such  produce  or  in- 

1.  (Suet.,  Jul.,  20.— Liv.,  iii.,  33.)— 2.  (Varro,  de  Lin?.  Int.. 
v.,  9.— Plin.,  vii.,  60.)— 3.    (Cic,   ad   Fratr.,  i.,    I,    v    4.)— 4 
(Walch,inTacit.,Agric.,c.l9.)— 5.  (Veget.,  ii.,  19.)— 6.  (Liv 
viii.,  8,  10.)— 7.  (Liv.,  i.,  43.— Niebuhr,  Rom.  Hist.,  i.,  p.  441 
2,  transl.)— 8.  (Dig.,  46.  tit.  4;   48,  tit.   11,  s.  7.— Gaius,  iii 
109,  seqq.) 


ACERRA. 


ACETABULUM. 


creass  becomij.g  the  property  of  him  to  whom  tne 
thing  itself  belongs.  The  rule  of  law  was  expressed 
thus  :  Accessio  cedit  principali.1  Examples  of  acces- 
sio  are  contained  under  the  heads  of  Alluvio,  Con- 
fusio,  Fructus,  &c. 

*ACCIPEN'SER.    ( Vid.  Acipen'ser.) 

♦ACCIP'ITER.     [Vid.  HIERAX.) 

ACCLAMA'TIO  was  the  public  expression  of 
approbation  or  disapprobation,  pleasure  or  displeas- 
ure, by  loud  acclamations.  On  many  occasions, 
there  appear  to  have  been  certain  forms  of  accla- 
aiations  always  used  by  the  Romans ;  as,  for  instance, 
at  marriages,  Io  Hymen,  Hymencze,  or  Talassio  (ex- 
plained by  Livy2) ;  at  triumphs,  Io  triumphe,  Io  tri- 
umvkc ;  at  the  conclusion  of  plays  the  last  actor 
called  out  Plaudite  to  the  spectators ;  orators  were 
usually  praised  by  such  expressions  as  Bene  et  prce- 
dwe,  Belle  et  festive,  Nan  potest  melius,  &c.3  Other 
instances  of  acclamaliones  are  given  by  Ferrarius,  in 
his  De  Vcterum  Acclamationibus  et  Plausu;  in  Gras- 
vius,  T/tesaur.  Rom.  Antiq.,  vol.  vi. 

ACCU'BITA,  the  name  of  couches  which  were 
used  in  the  time  of  the  Roman  emperors,  instead  of 
the  triclinium,  for  reclining  upon  at  meals.  The 
mattresses  and  feather-beds  were  softer  and  higher, 
and  the  supports  (fulcra)  of  them  lower  in  propor- 
tion, than  in  the  triclinium.  The  clothes  and  pillows 
spread  over  them  were  called  accubitalia.* 

ACCUSA'TIO.    (Vid.  Crimen,  Judicium.)  , 

*ACER.    (Vid.  Sphendamnus.) 

ACER'RA  (TiL&avurie,  ?u6avcjrpic),  the  incense- 
box  used  in  sacrifices. 

Horace,5  enumerating  the  principal  articles  ne- 
cessary in  a  solemn  sacrifice  to  Juno,  mentions 
Cl  Flowers  and  a  box  full  of  frankincense."6  In 
Virgil,  ./Eneas  worships  :i  with  com  and  with 
frankincense  from  the  full  acerra." 

"  Farre  pio  ct  plena  supplex  veneratur  acerra"7 

Servius  explains  the  last  word  as  meaning  area 

tkvrnUs. 

F*.iny,  enumerating  the  principal  works  of  Par- 
ihasius  of  Ephesus,  says  that  he  painted  Sacerdotem 
adstante  puero  cum  acerra  et  corona*  The  picture, 
therefore,  represented  a  priest  preparing  to  sacrifice, 
with  the  boy  standing  beside  him,  and  holding  the 
incense-box  and  a  wreath  of  flowers.  This  was, 
no  doubt,  a  very  common  and  favourite  subject  for 
artists  of  every  kind.  It  frequently  occurs  in  bas- 
reliefs  representing  sacrifices,  and  executed  on 
vases,  friezes,  aad  other  ancient  monuments.  It 
jeeurs  three  times  on  the  Columna  Trajana  at 
ftome,  and  once  on  the  Arch  of  Constantine. 

The  annexed  figure  is  taken  from  a  bas-relief  in 
be  museum  of  the  Capitol. 


The  acerra  was  also,  according  to  Festus,  a 
waail  aitar  placed  before  the  dead,  on  which  per- 
fumes were  burned.  Acerra  ara,  qua  ante  mortuum 
poni  solebat,  in  qua  odores  incendebantur.  There  was 
a  law  in  the  Twelve  Tables  which  restricted  the 
use  of  acerroe  at  funerals.9 


I.  (Dig.  34,  tit.  2,  i.  19,  t,  13.)— 2.  (i.,  9.)— 3.  (Cic.,de  Orat., 
ui  ,  26.)— 4.  (Lamprid.,  Helios?.,  19,  25.— Schol.  in  Juv.,  Sat.  v., 
VI.)—  5.  (On.,  iii.,  viii.,  2.)— 6.  ("  Flores,  et  acerra  tuns  ple- 
*a")— 7.  (.En., v.,  715.)— 8.  (Plin.,  H.  N..  xxxv.,  36,  4  5.)— 9. 
k<?ic,  de  L-y.,  ii.,24) 


ACETABULUM  (b&g,  b&6a<pov,  b$»6dqiov),  a 
vinegar-cup. 

Among  the  various  ways  in  which  the  Greeks 
and  Romans  made  use  of  vinegar  (acetum)  in  their 
cookery  and  at  their  meals,  it  appears  that  it  was 
customary  to  have  upon  the  table  a  cup  containing 
vinegar,  into  which  the  guests  might  dip  their  bread, 
lettuce,  fish,  or  other  viands,  before  eating  them. 
Of  this  fact  we  have  no  direct  assurance  ;  but  it  is 
implied  in  one  of  the  Greek  names  of  this  utensil, 
viz.,  6!;v6a<bov,  from  b£vc,  acid,  and  panTo,  to  dip  or 
immerse.  It  also  suits  the  various  secondary  appli- 
cations of  these  terms,  both  in  Latin  and  in  Greek, 
which  suppose  the  vessel  to  have  been  wide  and 
open  above.  In  fact,  the  acetabulum  must  have 
been  in  form  and  size  very  like  a  modem  teacup. 
It  probably  differed  from  the  rpv62,tov,  a  vessel  to 
which  it  was  in  other  respects  analogous,  in  being 
of  smaller  capacity  and  dimensions. 

These  vinegar-cups  were  commonly  of  earthen 
ware,1  but  sometimes  of  silver,  bronze,  or  gold.2 

The  accompanying  figure  is  taken  from  Panof  ka's 
Work  on  the  names  and  forms  of  Greek  vases.  He 
states  that  on  the  painted  vase,  belonging  to  a  col- 
lection at  Naples,  from  which  he  took  this  figure, 
the  name  b^vOacpa  is  traced  underneath  it.  This 
may  therefore  be  regarded  as  an  authentic  specimen 
of  the  general  form  of  an  antique  vinegar-cup 


From  proper  vinegar-cups,  the  Latin  and  Greetf 
terms  under  consideration  were  transferred  to  all 
cups  resembling  them  in  size  and  form,  to  whatever 
use  they  might  be  applied. 

As  the  vinegar-cup  was  always  small,  and  prob* 
ably  varied  little  in  size,  it  came  to  be  used  as  a 
measure.  Thus  we  read  of  an  acetabulum  of  honey 
or  of  salt,  which  is  agreeable  to  our  practice  of 
measuring  by  teacups,  wine-glasses,  or  table-spoons. 
We  are  informed  that,  as  a  measure,  the  6i;v6a<j>ov, 
or  acetabulum,  was  a  cyathus  and  a  half,  or  the 
fourth  part  of  a  kotvXij,  or  hemtna.3 

The  use  of  these  cups  by  jugglers  is  distinctly 
mentioned.  They  put  stones  or  other  objects  under 
certain  cups,  and  then  by  sleight  of  hand  abstracted 
them  without  being  observed,  so  that  the  spectators, 
to  their  great  amusement  and  surprise,  found  the 
stones  under  different  cups  from  those  which  they 
expected.  Those  persons,  who  were  called  in  Latin 
acctabularii,  because  they  played  with  acetatmla, 
were  in  Greek  called  xjj7}^07raiKTat,  because  they 
played  with  stones  (xpTjdot) ;  and  under  this  name 
the  same  description  of  performers  is  mentioned  by 
Sextus  Empiricus. 

In  the  Epistles  of  Alciphron,4  a  countryman  who 
had  brought  to  the  city  an  ass  laden  with  figs,  and 
had  been  taken  to  the  theatre,  describes  his  speech- 
less astonishment  at  the  following  spectacle:  "A 
man  came  into  the  midst  of  us  and  set  down  a 
three-legged  table  (rptTroda).  He  placed  upon  it 
three  cups,  and  under  these  he  concealed  some 


1.  (Kepdfita  fitKpd  :  Schol.  Aristoph. — tart  rd  dlv6a(f>ov  tiru\ 
Kv\ucoi  /juicpn<  Ktpauiac  :  Athenjeus,  xi.,  p.  494.)— 2.  (Athene 
us,  vi.,  p.  230.)— 3  TJockh,  Gewichte,  &c,  p.  22.) — 4  (iii. 
20.) 

13 


ACHATES. 


ACLNACES. 


sma.l  white  round  pebbles,  such  as  we  find  on  the 
Danks  of  rapid  brooks.  He  at  one  time  put  one  of 
these  under  each  cup ;  and  then,  I  know  not  how, 
showed  them  all  under  one  cup.  At  another  time 
he  made  them  disappear  altogether  from  under  the 
cups,  and  showed  them  in  his  mouth.  Then  hav- 
ing swallowed  them,  and  having  caused  those  who 
stood  near  to  advance,  he  took  one  stone  out  of  a 
person's  nose,  another  out  of  his  ear,  and  a  third 
out  of  his  head.  At  last  he  caused  them  all  to  dis- 
appear entirely."  In  this  passage  Alciphron  calls 
the  cups  [iLKpag  irapoiptdag.  It  may  be  observed, 
that  napoiluc  was  equivalent  to  b^v6a(j>ov  when  used 
in  its  wider  acceptation,  and  denoted  a  basin  or  cup 
set  on  the  table  by  the  side  of  the  other  dishes,  to 
hold  either  vinegar,  pickles  (acetaria),  sauce,  or 
anything  else  which  was  taken  to  give  a  relish  to 
the  substantial  viands.  The  word  (paropsis)  was 
adopted  into  the  Latin  language,  and  is  found  in 
Juvenal,  Martial,  and  other  winters  of  the  same 
period. 

*ACE'TUM  (ofoc),  vinegar.  The  kinds  most  in 
repute  among  the  ancients  were  the  ./Egyptian  and 
Cnidian.1  Pliny  gives  a  full  account  of  the  medi- 
cal properties  of  vinegar.  Among  other  applica- 
tions, it  was  employed  when  leeches  had  been  in- 
troduced into  the  stomach,  or  adhered  to  the  larynx. 
Strong  salt  and  water  would,  however,  have  been 
more  efficacious  in  making  these  loosen  their  hold, 
and  in  facilitating  the  vomiting  of  them  forth.  Vine- 
gar was  also  given  in  long-standing  coughs,  just 
as  modern  practitioners  give  oxymels  in  chronic 
catarrhs.3 

*ACHATNES  (axatvrjc),  the  Daguet  or  young 
stag.3 

ACH'ANE  (axuvrj).  A  Persian  measure  equiva- 
lent to  45  Attic  fiidifivoi.  According  to  Hesychius, 
there  wras  also  a  Bceotian  uxuvn  equivalent  to  one 
Attic  piediuvoc.* 

^ACHATES  (axaTTjg),  an  agate,  a  precious 
stone  or  gem.  The  agate  is  a  semi-pellucid  stone 
of  the  flint  class.  Theophrastus  describes  it  as  a 
beautiful  and  rare  stone  from  the  river  Achates  in 
Sicily  (now  the  Drillo,  in  the  Vol  di  Noto),  which 
sold  at  a  high  price ;  but  Pliny  tells  us  that  in  his 
time  it  was,  though  once  highly  valued,  no  longer 
in.  esteem,  it  being  then  found  in  many  places,  of 
large  size,  and  diversified  appearance.  The  an- 
cients distinguished  agates  into  many  species,  to 
each  of  which  they  gave  a  name  importing  its  dif- 
ference from  the  common  agate,  whether  it  were 
in  colour,  figure,  or  texture.  Thus  they  called  the 
red,  Hw.machates,  which  was  sprinkled  with  spots  of 
jasper,  or  blood-red  chalcedony,  and  was  the  variety 
now  called  dotted  agate.  The  white  they  termed 
Leucachates ;  the  plain  yellowish  or  wax-coloured, 
Cerachates,  which  was  a  variety  little  valued  be- 
cause of  its  abundance.  Those  which  approached 
to  or  partook  of  the  nature  of  other  stones,  they  dis- 
tinguished by  names  compounded  of  their  own  ge- 
nerical  name,  and  that  of  the  stone  they  resembled  or 
partook  of;  thus,  that  species  which  seemed  allied 
to  the  Jaspers  they  called  Jaspachates  (the  jasper- 
agate  of  modern  mineralogists);  that  which  par- 
took of  the  nature  of  the  Carnelian,  Sard  achates ;  and 
those  which  had  the  resemblance  of  trees  and  shrubs 
on  them,  they  called  for  that  reason  Dendrachates. 
This  last  is  what  we  call  at  the  present  dendritic 
agate,  described  in  the  Orphic  poem  under  the  name 
of  uxaTTjQ  6ev6pr)£LC.  The  Corallachales  was  so  called 
from  some  resemblance  that  it  bore  to  coral.  Pliny 
describes  it  as  sprinkled  like  the  sapphire  with 
spots  of  gold.  Dr.  Moore  thinks,  that  in  this  latter 
case  the  ancients  confounded  with  agate  the  yellow 

I.  (Athenreus,  2,  p.  67. — .Tuv.,  Sat.,xiii.,  85. — Mart.,  xiii.,  122.) 
—2.  (Pirn, ,  II.  N.,  xxiii.,  27  —  Fre,  in  loc.)— 3.  (Aristot.,  H.  A., 
ix.,  6.— Salmas.,  Exero.  Pan.,  p.  222.) — 4.  (Schol.  in  Aristoph., 
Acharn.,  108,  who  quotes  the  authority  of  Aristotle. — Wurm,  de 
P.md.,  &c.  p  133.) 

14 


fluor  spar,  containing,  as  it  sometimes  does,  disseir* 
nated  particles  of  iron  pyrites.  The  agate  was  %  .<•< 
called  in  Greek  aiaxarrig.1 

*ACHERD'US  (axepdoc),  the  wild  pe*  -tne, ' 
also  a  kind  of  thorn  of  which  hedges  w^tj  */iade. 
Sprengel  suggests  that  it  is  the  Cratagv,  Araruu*} 

♦ACHERO'IS  (<i^epwtc),  the  whit'   jwnlar-t-  ?e.« 

*ACH'ETAS  (ilxerag),  according  to  Hesych- 
ius, the  male  Cicada-,  but  this  if  Nearly  either  a 
mistake  or  an  error  of  the  text,  % .  there  can  be  no 
doubt  that  it  is  merely  an  e^.Jitc  applied  to  the 
larger  species  of  Cicada,  aj>:»  signifying  "vocal."6 
(Vid.  Cicada.) 

*ACHILLE/OS  ('A^'A^oO,  a  plant,  fabled  to 
have  been  discovered  by  A  Jiilles,  and  with  which 
he  cured  the  wound  of  Telephus.6  The  commenta- 
tors on  Pliny  make  it  the  Sideritis  heraclea.  1 1  is 
difficult,  however,  to  decide  the  question  from  the 
text  of  the  Roman  writer  merely.  On  recurring  to 
that  of  Dioscorides,  we  may,  perhaps,  conclude  as 
follows :  the  Achilleos  with  the  golden  flower  is  the 
Achillea  tomentosa  sen  Abrotanifolia ;  the  kind  with  tbo 
purple  flower  is  the  A.  tanacetifolia ;  and  the  on* 
with  white  flowers,  the  A.  fwbilis  sen  iiwgna? 

ACTES.     (Fid.  Army.) 

ACILTA  LEX.     (Vid.  Repetund.e.) 

ACILTA  CALPUR'JNTIA   LEX.    (Vid.  Amei« 

TUS.) 

AGI'NACES  {aKLvdarjc),  a  poniard. 

This  word,  as  well  as  the  weapon  which  it  de- 
notes, is  Persian.  Herodotus  says,8  that  when 
Xerxes  was  preparing  to  cross  the  Hellespont  with 
his  army,  he  threw  into  it,  together  with  some  other 
things,  "A  Persian  sword,  which  they  call  an  aci- 
naces."  As  the  root  ac,  denoting  sharpness,  an 
edge  or  a  point,  is  common  to  the  Persian,  together 
with  the  Greek  and  Latin,  and  the  rest  of  the  Indo- 
European  languages,  we  may  ascribe  to  this  word 
the  same  general  origin  with  u.Kfi?'/,  ukuktj,  acuo, 
acies,  and  many  other  Greek  and  Latin  words  allied 
to  these  in  signification.  Horace9  calls  the  weapon. 
Medus  acinaces,  intending  by  the  mention  of  the 
Medes  to  allude  to  the  wars  of  Augustus  and  the 
Romans  against  Parthia. 

Acinaces  is  usually  translated  a  cimeter,  afalchw?i, 
a' sabre,  and  is  supposed  to  have  been  curved;  but 
this  assumption  is  unsupported  by  any  evidence. 
It  appears  that  the  acinaces  was  short  and  straight. 
Julius  Pollux  describes  it  thus:10  "A  Persian  dag- 
ger fastened  to  the  thigh."  Josephus,  giving  an  ac- 
count of  the  assassins  who  infested  Judoea  before 
the  destruction  of  Jerusalem  by  the  Romans,  says, 
"  They  used  daggers,  in  size  resembling  the  Persian 
acinaces ;  but  curved,  and  like  those  which  the  Ro- 
mans call  sicce,  and  from  which  robbers  and  murder- 
ers are  called  sicarii"11  The  curvature  of  the  daggers 
here  described  was  probably  intended  to  allow  them 
to  fit  closer  to  ihe  body,  and  thus  to  be  concealed 
with  greater  ease  under  the  garments.  Thus  we 
see  that  the  Persian  acinaces  differed  from  the  Ro- 
man sica  in  this,  that  the  former  was  straight,  the 
latter  curved. 

Another  peculiarity  of  the  acinaces  was,  that  it 
was  made  to  be  worn  on  the  right  side  of  the  body, 
whereas  the  Greeks  and  Romans  usually  had  their 
swords  suspended  on  the  left  side.  Hence  Valerius 
Flaccus  speaks  of  Myraces,  a  Parthian,  as  In- 
signis  manicis,  insignis  aciixace  dextro.12  The  same 
fact  is  illustrated  by  the  account  given  by  Ammianus 
Marcellinus  of  the  death  of  Cambyses,  king  of  Per- 
sia, which  was  occasioned  by  an  accidental  wound 
from  his  own  acinaces :  "  Sv-omct  pvgione,  q:tem  ap- 

1.  (Theophrast.,  de  Lapid.,  58. — Hill,  in  loc. — Plin.,  H.  N., 
xxxvii.,  54. — Orph.,  Lith.,  v.,  230. — Soiin.,  Polyhist.,  c.  xi. — 
Moore's  Anc.  Mineralogy,  p.  178.)— 2.  (Soph.,  (Ed.  Col.,  1592.) 
— 3.  (Adams,  Append.,  s.  v.) — 4.  (Spren?.,  i.,  28.) — 5.  (Adams, 
Append.,  s.  v.)— 6.  (Plin.,  H.  N.,  xxv.,  5.)— 7.  (Fee  in  Plin.,  1. 
c.)— 8.  (vii.,  54.)— 9.  (Od.  1,  xxvii.,  5.)— 10.  (Ucpaikbv  Ji0i&o» 
t<7)  iiijpu)  Tpoarjprrinivov.) — 11.  .(Josepl .,  Ant.  Jud.,  xx: ,  /,  seqq.) 
—12.  (Argon.,  vi.,  701.) 


ACIPENSER. 


ACRATOPHORUM. 


tatum  femori  dexlro  gestabat,  subita  vi  quince  nudato, 
vulneratiLS."1  The  Latin  historian  here  gives  pugio 
as  *he  translation  of  the  Persian  term. 

The  form  of  the  acinaces,  with  the  method  of 
rising  it,  is  illustrated  in  a  striking  manner  by  two 
classes  of  ancient  monuments.  In  the  first  place, 
in  the  bas-reliefs  which  adorn  the  ruins  of  Persepo- 
lis,  the  acinaces  is  invariably  straight,  and  is  com- 
monly suspended  over  the  right  thigh,  never  over 
the  left,  but  sometimes  in  front  of  the  body.  The 
figures  in  the  annexed  woodcut  are  selected  from 
engravings  of  the  ruins  of  Persepolis,  published  by 
Le  Bruyn,  Chardin,  Niebuhr,  and  Porter. 


A  golden  acinaces  was  frequently  worn  by_  the 
Persian  nobility-2  It  was  also  often  given  to  indi- 
viduals by  the  kings  of  Persia  as  a  mark  of  honour.3 

After  the  defeat  of  the  Persian  army  at  the  battle 
of  Plataea,  the  Greeks  found  golden  poniards  on 
the  bodies  of  the  slain.4  That  of  Mardonius,  the 
Persian  general,  was  long  kept  as  a  trophy  in  the 
temple  of  Athena  Parthenos,  on  the  acropolis  of 
Athens.5 

The  acinaces  was  also  used  by  the  Caspii.6  It 
was  an  object  of  religious  worship  among  the  Scyth- 
ians and  many  of  the  northern  nations  of  Europe.7 

The  second  class  of  ancient  monuments  consists 
of  sculptures  of  the  god  Mithras,  two  of  which  are 
in  the  British  Museum.  The  annexed  woodcut  is 
taken  from  the  larger  of  the  two,  and  clearly  shows 
rhft  straight  form  of  the  acinaces. 


•ACIPEN'SER  ('A/cKtTnfajoc),  the  Sturgeon,  or 
Acipenser  Sturio,  L.  Ludovicus  Nonnius  holds,  that 
the  Silurus  of  Ausonius  is  the  sturgeon,  but  this 
opinion  is  very  questionable.     The  eloip9  and  the 

1.  (xvii.,  4.)— 2.  (Xen.,  Anab.,  i.,  8,  $  29.— Chariton,  vi.,  4.)— 
3.  (Herod.,  viii.,  120.— Xen.,  Anab.,  i.,  2,  t)  27.)— 4.  (Herod.,  ix., 
60.)— 5.  (Demosth.,  c.  Timocr.,  33,  p.  741.)— 6.  (Herod.,  viii.. 
67., — 7.  (Herod.,  iv.,  62. — Compare  Mela,  ii.,  1. — Ammian.,  xxxi., 
2  — 8.  (Aristot.,  H.  A,  ii.,  13.— ^Elian,  N.  A.,  viii.,  28.) 


yaleoe  Tddtof1  were  varieties  of  this  fisb      It  is 
also  called  'ov'lgkoc  by  Durio  in  Athenaeus8 

ACLIS,  a  kind  of  dart. 

Virgil  attributes  this  weapon  to  the  Osci,  one  01 
the  ancient  nations  of  Italy : 

"  Teretes  sunt  aclides  Mis 
Tela,  sed  hcec  lento  mos  est  aptare  Jlagello."3 
From  this  account  it  appears  that  the  peculiarity 
of  the  aclis  consisted  in  having  a  leathern  thorn; 
attached  to  it;  and  the  design  of  this  contrivance 
probably  was,  that,  after  it  had  been  thrown  to  a 
distance,  it  might  be  drawn  back  again. 

The  aclis  was  certainly  not  a  Roman  weapon. 
It  is  always  represented  as  used  by  foreign  nations, 
and  distinguishing  them  from  Greeks  and  Romans.* 

ACNA,  AC'NUA.  (Vid.  Actus.) 
'AKOITN  MAPTYPErN  {anorjv  (laprvpav).  By  the 
Athenian  law,  a  witness  could  properly  only  give  evi- 
dence of  what  he  had  seen  himself,  not  of  what  he  had 
heard  from  others  ;5  but  when  an  individual  had  heard 
anything  relating  to  the  matter  in  dispute  from  a  per- 
son who  was  dead,  an  exception  was  made  to  the 
law,  and  what  he  had  heard  from  the  deceased  per- 
son might  be  given  in  evidence,  which  was  called 
ukotjv  jxapTvpelv.6  It  would  appear,  however,  from 
a  passage  in  Isasus,  that  a  witness  might  give  evi- 
dence respecting  what  he  had  not  seen,  but  that  this 
evidence  was  considered  of  lighter  value.7 

*AC70NE  (aicovT]),  the  whetstone  or  Novaculite 
(Kirman),  the  same  as  the  whet  slate  of  Jameson,  and 
consisting  principally  of  silex  ana  alum.  Theo- 
phrastus  informs  us  that  the  Armenian  whetstones 
were  in  most  repute  in  his  time.  The  Cyprian 
were  also  much  sought  after.  Pliny  confounds 
these  with  diamonds.6 

*ACONFTUM  (anoviTov),  a  plant,  of  which  Dios- 
corides  enumerates  two  species,  the  7rap3aXiayx?Ct 
and  the  Tivkoktovov.  The  latter  of  these  is  con- 
sidered by  Dodoneeus,  Woodville,  Sprengel,  and 
most  of  the  authorities,  to  be  the  Aconitum  Napellus, 
or  Wolf's-bane.  Respecting  the  former  species 
there  is  greater  diversity  of  opinion;  however, 
Sprengel  is  inclined,  upon  the  whole,  to  agree  with 
Dodoneeus  and  Sibthorp  in  referring  it  to  the  Doroni- 
cum  pardalianches,  or  Leopard's-bane.  It  would 
seem  to  be  the  Kufifiapov  of  Hippocrates,  and  th« 
GKopiTLoc  of  Theophrastus.9 

*ACON'TIAS  (aicovTiac),  the  name  of  a  serpent. 
There  can  be  no  doubt  that  this  is  the  Jaculus  of  Lu- 
can.10  iElian  is  the  only  author  who  confounds  it 
with  the  Chersydrus.  Aetius  calls  it  Cenckrites,  from 
the  resemblance  which  its  spots  bear  to  the  seeds  of 
millet  (neyxpoc).  It  is  called  cafezate  and  alteraraie 
in  the  Latin  translation  of  Avicenna.  According  to 
Belon,  it  is  about  three  palms  long,  and  the  thickness 
of  a  man's  little  finger ;  its  colour  that  of  ashes,  with 
black  spots.  Sprengel  thinks  it  may  have  been  a 
variety  of  the  Coluber  Berus,  or  Viper.11 

*AC'ORUS  (uKopoe),  a  plant,  which  most  of  the 
commentators  hold  to  be  the  Acorus  Calamus,  or 
Sweet  Flag.  Sprengel,  however,  in  his  annotations 
on  Dioscorides,  prefers  the  Pseudacorum}* 

ACQJUTSITIO  is  used  to  express  the  acquisition 
of  ownership,  or  property  generally.  The  several 
modes  of  acquiring  property  among  the  Romans, 
and  the  incidents  of  property  when  acquired,  are 
treated  of  under  the  various  heads  of  In  Jure  Ces- 
sio,  Mancipatio,  Usucapio,  Accessio,  &c,  and  sec 
Dominium. 

♦ACRATOPH'ORUM,  a  small  vessel  for  hold- 

1.  (Athen.,  vii.,  p.  295.)— 2.  (vii.,  p.  294.)— 3.  JjEn.,  vii~ 
730.)— 4.  (Sil.  Ital.,  iii.,  362.— Val.  Flac,  Argonaut.,  vi.,&9.)— b. 
(Demosth.,  c.  Steph.,  p.  1130.)— 6.  (Demosth.,  c.  Steph.,  p.  1130. 
—Id.,  c.  Leoch.,  p.  1097.— Id.,  c.  Eubul.,  p.  1300.— Meyer  and 
Schomann,  Attisch.  Proc,  p.  669. — Petitus,  Leg.  Att.,  iv.,  7, 
t)  9,  seq.,  p.  445,  seq.)— 7.  (De  Hxred.  Philoctem.,  p.  150.)— 8 
(Adams,  Append.,  s.  v.)— 9.  (H.  P.,  ix.,  18. — Adams,  Append.,  8 
v.)— 10.  (Pharsal.,  ix.,  720,  823.)— 11.  (Spreng.,  Comment,  it 
Dioseorid.— ^Elian,  N.  A.,  viii.,  1?  )— 12.  (Thecphrast.,  H  P , 
1,  22.— Dioseorid.,  i.,  2.) 

15 


ACROTERIUM. 


ACTIJ. 


Jig  wine,  a  wine-cup.  The  name  is  derived  from 
■mparov,  "unmixed  wine,"  and  <j>epo,  "  to  bear." 
Pollux  mentions  it  in  his  account  of  ancient  drink- 
ing vessels,  and  describes  it  as  resting,  not  on  a  flat 
oottom,  but  on  small  astragals.    (  Vid.  Talus.)1 

ACROA'MA  (anpoafia)  signified  among  the  Ro- 
mans a  concert  of  players  on  different  musical  in- 
struments, and  also  an  interlude,  called  embolia  by- 
Cicero,2  which  was  performed  during  the  exhibi- 
tion of  the  public  games.  The  word  is  also  fre- 
quently used  for  the  actors  and  musicians,  who  were 
often  employed  at  private  entertainments  ;3  and  it  is 
sometimes  employed  in  the  same  sense  as  anagnostce, 
who  were  usually  slaves,  whose  duty  it  was  to  read 
or  repeat  passages  from  books  during  an  entertain- 
ment, and  also  at  other  times.4 

*ACROa/SIS  (anpoacic).  I.  A  literary  discourse 
or  lecture.  The  term  (itself  of  Greek  origin)  is  ap- 
plied by  the  Latin  writers  to  a  discourse  or  disputa- 
tion, by  some  instructer  or  professor  of  an  art,  to  a 
numerous  audience.  The  corresponding  Latin  term 
is  Auditio.5  II.  It  also  signifies  a  place  or  room 
where  literary  men  meet,  a  lecture-room  or  school.6 

ACRO'LITHOI  {anpoWoi),  statues,  of  which  the 
extremities  (head,  feet,  and  hands)  were  only  of 
etone,  and  the  remaining  part  of  the  body  of  bronze 
or  gilded  wood.7 

*ACROPOD'IUM  (aKpoTTodiov),  the  base  or  ped- 
estal of  a  statue,  so  called  from  its  supporting  the 
extremities  or  soles  of  the  feet  (axpoc,  ttovc). 

ACROSTO'LION  (anpocrbliov,)  the  extremity  of 
the  oroXoc.  The  gtoXoc  projected  from  the  head 
of  the  prow,  and  its  extremity  (uKpoaroXiov),  which 
was  frequently  made  in  the  shape  of  an  animal  or  a 
helmet,  &c,  appears  to  have  been  sometimes  covered 
with  brass,  and  to  have  served  as  an  ep:6oXij  against 
the  enemy's  vessels.8 

♦ACROSTTCHIS,  an  acrostic,  a  number  of 
verses  so  contrived,  that  the  first  letters  of  each, 
being  read  in  the  order  in  which  they  stand,  shall 
form  some  name  or  other  word.  The  word  signi- 
fies literally  the  beginning  of  a  line  or  verse 
(ar.ooe,  OTLxoq).  "According  to  some  authorities,  a 
writer  named  Porphyrius  Optatianus,  who  flourish- 
ed in  the  fourth  century,  has  the  credit  of  having 
been  the  inventor  of  the  acrostic.  It  is  very  proba- 
bly, however,  of  earlier  date.  Eusebius,  the  bishop 
of  Caesarea,  who  died  in  A.D.  340,  gives,  in  his  Life 
of  Constantine,  a  copy  of  Greek  verses,  which  he 
asserts  were  the  composition  of  the  Erythraean  Sibyl, 
the  initial  letters  of  which  made  up  the  words 
IH20TS  XP1STOS  6EOT  TI02  2S2THP,  that  is, 
Jesus  Christ,  the  Son  of  God,  the  Saviour.  These 
verses,  which  are  a  description  of  the  coming  of  the 
day  of  judgment,  have  been  translated  into  Latin 
hexameters,  so  as  to  preserve  the  acrostic  in  that 
language,  in  the  words  JESUS  CHRISTUS  DEI 
FILIUS  SERVATOR.  The  translation,  however, 
wants  one  of  the  peculiar  qualities  of  the  original ; 
for  it  will  be  observed  that  the  initial  letters  of  the 
five  Greek  words,  being  joined  together,  form  the 
word  IX0Y2,  that  is,  the  fish,  which  St.  Augustine, 
who  quotes  the  verses  in  his  work  entitled  De  Civi- 
tate  Dei,  informs  us  is  to  be  understood  as  a  mystical 
epithet  of  our  Saviour,  who  lived  in  this  abyss  of  mor- 
tality without  contracting  sin,  in  like  manner  as  a  fish 
exists  in  the  midst  of  the  sea  without  acquiring  any 
flavour  of  salt  from  the  salt  water.  This  may  there- 
fore be  called  an  acrostic  within  an  acrostic."9 

ACROTE'RIUM  (uKpurr/piov)  signifies  the  ex- 
tremity of  anything.  I.  It  is  used  in  Architecture 
to  designate  the  statues  or  other  ornaments  placed 

1  (Pollux,  vi.,  16.— Id.,  x.,  20.)— 2.  (Pro  Sext.,  c.  54.)— 3. 
(Cic,  2  Verr.,  iv.,  22— Id.,  pro  Arch.,  9.— Suet.,  Octav.,  74.— Ma- 
ra ob.,  Sat.,  n.,  4.)— 4.  (Cic.  ad  Att.,  i.,  12.— Id.,  ad  Fam.,  v.,  9. 
— Plin.,  Ep.,  i.,  15.— Aul.  Gell.,  iii.,  19.— Nep.,  Att.,  14.)— 5. 
(Vitruv.,  10,  11.— Sucton.,  Illustr.  Gramm.,  c.  2.)— 6.  (Cic.  ad 
Att.,  xv.,  17.)  — 7.  (Vitruv.,  ii.,  8.)— 8.  {xaXKfipns  or6\og. 
JEsoh.,  Pers.,  414.)— 9.  (GaUaeus,  de  Sibyllis  Dissertat.,  p.  123, 
•eo. — Penny  Cyclo.,  vol  i.  p-  99.) 
16 


on  the  summit  of  a  pediment.  According  to  some 
writers,  the  word  only  means  the  pediment  on  which 
the  ornaments  are  placed.1  II.  It  signified  also  the 
a.KpoaT67uov  or  u^kaarov  of  a  ship,  which  were  usu- 
ally taken  from  a  conquered  vessel  as  a  mark  of 
victory.8  III.  It  was  also  applied  to  the  extremi- 
ties of  a  statue,  wings,  feet,  hands,  &c.3 

ACROTHI'NION  (ekpoflmov),  generally  used  in 
the  plural,  means  properly  the  top  of  the  heap  (<kpor 
■&ic),  and  is  thence  applied  to  those  parts  of  the  fiuita 
of  the  earth,  and  of  the  booty  taken  in  war,  which 
were  offered  to  the  gods.  In  the  Phcenissae  of  Eurip- 
ides, the  chorus  call  tnemselves  dopog  anpodiviov.* 

ACTA  DIUR'NA  (proceedings  of  the  day)  was 
a  kind  of  gazette  published  daily  at  Rome  under  the 
authority  of  the  government.  It  contained  an  ac- 
count of  the  proceedings  of  the  public  assemblies, 
of  the  law  courts,  of  the  punishment  of  offenders,  and 
a  list  of  births,  marriages,  deaths,  &c.  The  pro- 
ceedings of  the  public  assemblies  and  the  law  courts 
were  obtained  by  means  of  reporters  (actuarii). 
The  proceedings  of  the  senate  (acta  senatus)  were 
not  published  till  the  time  of  Julius  Caesar,*  and 
this  custom  was  prohibited  by  Augustus.6  An  ac- 
count of  the  proceedings  of  the  senate  was  still  pre- 
served, though  not  published,  and  some  senator 
seems  to  have  been  chosen  by  the  emperor  to  com- 
pile the  account.7  The  acta  diurna  were  also  called 
acta  populi,  acta  publica,  acta  urbana,  and  usually  by 
the  simple  name  of  acta.  These  acta  were  frequent- 
ly consulted  and  appealed  to  by  later  historians.8 

ACTA  SENA'TUS.     (Vid.  Acta  Diurna.) 

ACTIA  (aKTia)  was  a  festival  celebrated  every 
three  years  at  Actium  in  Epirus,  with  wrestling, 
horse-racing,  and  sea-fights,  in  honour  of  Apollo.' 
There  was  a  celebrated  temple  of  Apollo  at  Actium, 
which  is  mentioned  by  Thucydides10  and  Strabo.11 
After  the  defeat  of  Antony  off  Actium,  Augustus  en- 
larged the  temple,  and  instituted  games  to  be  cele- 
brated every  five  years  in  commemoration  of  hu 
victory.18 

*ACTE  (ukttj).  Dioscorides  describes  two 
species  of  Elder,  which  are  undoubtedly  the  Sam- 
buchus  nigra  and  ebulus,  namely,  the  common  and 
the  dwarf  elder.  The  d/cr^  of  Theophrastus  is  the 
former  of  these.13 

ACTIO  is  defined  by  Celsus14  to  be  the  right  of 
pursuing  by  judicial  means  what  is  a  man's  due. 

With  respect  to  its  subject-matter,  the  actio  was 
divided  into  two  great  divisions,  the  in  personam 
actio,  and  the  in  rem  actio.  The  in  personam  actio 
was  against  a  person  who  was  bound  to  the  plain- 
tiff by  contract  or  delict;  the  in  rem  actio  applied  to 
those  cases  where  a  man  claimed  a  corporeal  thing 
(corporalis  res)  as  his  property,  or  claimed  a  right, 
as,  for  instance,  the  use  and  enjoyment  of  a  tiling,  or 
the  right  to  a  road  over  a  piece  of  ground  (actus). 
The  in  rem  actio  was  called  vindicatio ;  the  in  per- 
sonam actio  was  called  condictio,  because  originally 
the  plaintiff  gave  the  defendant  notice  to  appear  on 
a  given  day  for  the  purpose  of  choosing  a  judex. 

The  old  actions  of  the  Roman  law  were  called 
legis  actiones,  or  legitime,  either  because  they  were 
expressly  provided  for  by  the  laws  of  the  Twelve 
Tables,  or  because  they  were  strictly  adapted  to  the 
words  of  the  laws,  and  therefore  could  not  be  varied. 
In  like  manner,  the  old  writs  in  this  country  con- 
tained the  matter  or  claim  of  the  plaintiff  expressed 
according  to  the  legal  form.16 

1.  (Vitruv.,  iii.,  3.— Id.,  v.,  12.)— 2.  (Xen.,  Hellen.,  ii.,  3,  0  S 
—Herod.,  iii.,  59.)— 3.  (Demosth.,  c.  Timocr.,  p.  738.)-^4.  (PhoRn  , 
289.)— 5.  (Sueton.,  Jul.,  20.)— 6.  (Sueton.,  Octav.,  36.)— 7.  (Tu- 
cit.,  Annal.,  v.,  4.) — 8.  (Lipsius,  Excurs.  ad  Tacit.,  Ann.,  v.,  4. — 
Le  Clerc,  Journaux  chez  les  Romains,  p.  198,  seqq.) — 9.  (Steph. 
Byz.,  'A.KTia.)— 10.  (i.,  29.)— 11.  (vii.,  p.  325.)— 12.  (Sueton., 
Octav.,  c.  18.) — 13.  (Theophrast.,  H.  P.,  i.,  5,  seqq. — Dioscor. 
iv.,  171,  seq. — Adams,  Append.,  s.  v.  aKTrj.) — 14.  (Dig.  44,  tjt. 
7,  s.  51.) — 15.  ("  Breve  quidem  cum  sit  formatum  ad  similitudi 
nem  reguloe  juris,  quia  breviter  et  paucis  verbis  intentionem 
proferentis  exponit  et  explanat,  sicut  regula  juris,  lem  quae  e« 
breviter  enarrat."    Bracton,  f.  413.) 


ACTIO. 


ACTIO 


The*  five  modes  of  proceeding  by  legal  action,  as 
D  imed  and  described  by  Gams,1  were  Sacramento, 
Per  judicis  postulationem,  Per  condictionem, 
Per  manus  injectionem,  Per  pignoris  captionem. 

But  these  forms  of  action  gradually  fe>  into  dis- 
use, in  consequence  of  the  excessive  nicety  isquired, 
and  the  failure  consequent  on  the  slightest  error  in 
the  pleadings ;  of  which  there  is  a  notable  example 
given  by  Gams  himself,2  in  the  case  of  a  plaintiff 
who  complained  of  his  vines  {vibes)  being  cut  down, 
and  was  told  that  his  action  was  bad,  inasmuch  as 
he  ought  to  have  used  the  term  trees  {arbores),  and 
not  vines ;  because  the  law  of  the  Twelve  Tables, 
which  gave  him  the  action  for  damage  to  his  vines, 
contained  only  the  general  expression  "  trees"  {ar- 
bores). The  Lex  jEbutia  and  two  Leges  Juliae 
abolished  the  old  legitimes  actiones,  except  in  the 
case  of  damnum  infectum  {Vid.  Damnum  infectum), 
and  in  matters  which  fell  under  the  cognizance  of 
the  Centumviri.     {Vid.  Centumviri.) 

In  the  old  Roman  constitution,  the  knowledge  of 
the  law  was  most  closely  connected  with  the  insti- 
tutes and  ceremonial  of  religion,  and  was  accord- 
ingly in  the  hands  of  the  patricians  alone,  whose 
aid  their  clients  were  obliged  to  ask  in  all  their 
legal  disputes.  Appius  Claudius  Caecus,  perhaps 
one  of  the  earliest  writers  on  law,  drew  up  the 
various  forms  of  actions,  prrbably  for  his  own  use 
rnd  that  of  his  friends  :  the  manuscript  was  stolen 
jt  copied  by  his  scribe  Op.  Flavius,  who  made  it 
public ;  and  thus,  according  to  the  story,  the  ple- 
beians became  acquainted  with  those  legal  forms 
which  hitherto  had  betn  the  exclusive  property  of 
the  patricians.3 

Upon  the  old  legal  actions  being  abolished,  it  be- 
came the  practice  to  prosecute  suits  according  to 
certain  prescribed  forms,  or  formulae,  as  they  were 
called,  which  will  be  explained  after  we  have  no- 
ticed various  divisions  of  actions,  as  they  are  made 
by  the  Roman  writers. 

The  division  of  actiones  in  the  Roman  law  is 
somewhat  complicated,  and  some  of  the  divisions 
must  be  considered  rather  as  emanating  from  the 
schools  of  the  rhetoricians  than  from  any  other 
source.  But  this  division,  though  complicated,  may 
be  somewhat  simplified,  or,  at  least,  rendered  more 
intelligible,  if  we  consider  that  an  action  is  a  claim 
or-  demand  made  by  one  person  against  another, 
and  that,  in  order  to  be  a  valid  legal  claim  {actio 
utilis),  it  must  be  founded  on  a  legal  right.  The 
main  division  of  actions  must  therefore  have  a  ref- 
erence or  analogy  to  the  main  division  of  rights ; 
for  in  every  system  of  law  the  form  of  the  action 
must  be  the*  expression  of  the  legal  right.  Now  the 
general  division  of  rights  in  the  Roman  law  is  into 
rights  of  dominion  or  ownership,  which  are  rights 
against  the  whole  world,  and  into  rights  arising 
from  contract,  and  quasi  contract,  and  delict.  The 
actio  in  rem  implies  a  complainant,  who  claims  a 
certain  right  against  every  person  who  may  dispute 
it,  and  the  object  and  end  of  the  action  is  to  compel 
an  acknowledgment  of  the  right  by  the  particular 
person  who  disputes  it.  By  this  action  the  plaintiff 
maintains  his  property  in  or  to  a  thing,  or  his 
rights  to  a  benefit  from  a  thing  {servitules).  Thus 
the  actio  in  rem  is  not  so  called  on  account  of  the 
subject-matter  of  the  action,  but  the  term  is  a  tech- 
nical phrase  to  express  an  action  which  is  in  no 
way  founded  on  contract,  and  therefore  has  no  de- 
terminate individual  as  the  other  necessary  party 
to  the  action ;  but  every  individual  who  disputes 
the  right,  becomes,  by  such  act  of  disputing,  a  party 
liable  to  such  action.  The  actio  in  rem  does  not  as- 
certain the  complainant's  right,  and  from  the  nature 
of  the  action  the  complainant's  right  cannot  be 
ascertained  by  it,  for  it  is  a  right  against  all  the 

t.  (iv.,  12.)— 2.  (iv.,  11.)— 3.  (Cic,  de  Orat.,  i„  41.— Id.,  pro 
tf*rsr.na,  c.  11.— Dig.  1,  tit.  2,  s.  2,  t>  7.) 

r. 


world;  but  the  action  determines  that  the  defendant 
has  or  has  not  a  claim  which  is  valid  against  the 
plaintiff's  claim.  The  actio  in  personam  implies  a 
determinate  person  or  persons  against  whom  the 
action  lies,  the  right  of  the  plaintiff  being  founded 
on  the  acts  of  the  defendant  or  defendants;  it  is 
therefore*  in  respect  of  something  which  has  been 
agreed  to  be  done,  or  in  respect  of  some  injury  for 
which  the  plaintiff  claims  compensation.  The  actio 
mixta  of  Justinian's  legislation1  was  so  called  from 
its  being  supposed  to  partake  of  the  nature  of  the 
actio  in  rem  and  the  actio  in  personam.  Such  was 
the  action  among  co-heirs  as  to  the  division  of  the  in- 
heritance, and  the  action  for  the  purpose  of  settling 
boundaries  which  were  confused. 

Rights,  and  the  modes  of  enforcing  them,  may 
also  be  viewed  with  reference  to  the  sources  from 
which  they  flow.  Thus  the  rights  of  Roman  citi- 
zens flowed  in  part  from  the  sovereign  power,  in 
part  from  those  to  whom  power  was  delegated. 
That  body  of  law  which  was  founded  on,  and 
flowed  from,  the  edicts  of  the  praetors  and  curule 
aediles,  was  called  jus  Jwnorarium,  as  opposed  to  the 
jus  civile,  in  its  narrower  sense,  which  comprehend- 
ed the  leges,  plebiscita,  senatus  cansulta,  &c.  The  jus 
nonorarium  introduced  new  rights  and  modified  ex- 
isting rights ;  it  also  provided  remedies  suitable  to 
such  new  rights  and  modifications  of  old  rights,  and 
this  was  effected  by  the  actions  which  the  praetors 
and  aediles  allowed.  On  this  jurisdiction  of  the 
praetors  and  aediles  is  founded  the  distinction  of  ac- 
tions into  civiles  and  honoraria,  or,  as  they  are  some 
times  called,  prcstorice,  from  the  greater  importance 
of  the  praetor's  jurisdiction. 

There  were  several  other  divisions  of  actions,  all 
of  which  had  reference  to  the  forms  of  procedure. 

A  division  of  actions  was  sometimes  made  with 
reference  to  the  object  which  the  plaintiff  had  in 
view.  If  the  object  was  to  obtain  a  thing,  the  ac- 
tion was  called  persecutoria.  If  the  object  was  to 
obtain  damages  {poena)  for  an  injury,  as  in  the  cast 
of  a  thing  stolen,  the  action  was  pcenalis ;  for  the 
thing  itself  could  be  claimed  both  by  the  vindicatio 
and  the  condictio.  If  the  object  was  to  obtain  both 
the  thing  and  damages,  it  was  probably  sometimes 
called  actio  mixta,  a  term  which  had,  however,  an- 
other signification  also,  as  already  observed.  The 
division  of  actiones  into  diredce  or  vulgares,  and  uti- 
les, must  be  traced  historically  to  the  actiones  fictitia 
or  fictions,  by  which  the  rights  of  action  were  en- 
larged and  extended.  The  origin  cf  this  division 
was  in  the  power  assumed  by  the  praetor  to  grant 
an  action  in  special  cases  where  no  action  could 
legally  be  brought,  and  in  which  an  action,  if 
brought,  would  have  been  inanis  or  inutilis.  After 
the  decline  of  the  praetor's  power,  the  actiones  utiles 
were  still  extended  by  the  contrivances  of  the  juris 
prudentes  and  the  rescripts  of  the  emperors.  When- 
ever an  actio  utilis  was  granted,  it  was  framed  on 
some  analogy  to  a  legally  recognised  .right  of  action. 
Thus,  in  the  examples  given  by  Gaius,8  he  who  ob- 
tained the  bonorum  possessio  by  the  pnetor's  edict, 
succeeded  to  the  deceased  by  the  praetorian,  and  not 
the  civil  law :  he  had,  therefore,  no  direct  action 
{directa  actio)  in  respect  of  the  rights  of  the  deceased, 
and  could  only  bring  his  action  on  the  fiction  of  his 
being  what  he  was  not,  namely,  heres. 

Actions  were  also  divided  into  ordinaries,  and  ex- 
traordinarice.  The  ordinaries  were  those  which  were 
prosecuted  in  the  usual  way,  first  before  the  praetor, 
injure,  and  then  before  the  judex,  injudicio.  When 
the  whole  matter  was  settled  before  or  by  the  praetor 
in  a  summary  way,  the  name  extraordinaria  was 
applicable  to  such  action.     {Vid.  Interdict.) 

The  foundation  of  the  division  of  actions  ihto 
actiones  stricti  juris,  bonce  fidei,  and  arbi.tr  ariee,  is  not 
quite  clear.     In  the  actiones  stricti  juris,  it  appears 

1.  (Inst.,  iv.,  tit.  6,  s.  20.)—  2.  (iv.,  34.) 

17 


ACTIO. 


ACTIO. 


llidt  the  formula  of  the  praetor  expressed  in  precise 
and  strict  terms  the  matter  submitted  to  the  judex, 
whose  authority  was  thus  confined  within  limits, 
la  the  actiones  bona  fidei,  or  ex  fide  bona,1  more  lati- 
tude was  given,  either  by  the  formula  of  the  prastor, 
or  was  implied  in  the  kind  of  action,  such  as  the 
action  ex  empto,  vendito,  locato,  &c,  and  th'e  special 
circumstances  of  the  case  were  to  be  taken  into 
consideration  by  the  judex.  The  actiones  arbitraria 
were  so  called  from  the  judex  in  such  case  being 
called  an  arbiter,  probably,  as  Festus  says,  because 
the  whole  matter  in  dispute  was  submitted  to  his 
judgment;  and  he  could  decide  according  to  the 
justice  and  equity  of  the  case,  without  being  fet- 
tered by  the  praetor's  formula.  It  should  be  observed, 
also,  that  the  judex  properly  could  only  condemn  in 
a  sum  of  money ;  but  the  arbiter  might  declare  that 
any  particular  act  should  be  done  by  either  of  the 
parties,  which  was  called  his  arbitrium,  and  was 
followed  by  the  condemnatio  if  it  was  not  obeyed. 

The  division  of  actions  into  perpetua  and  tempo- 
rales  had  reference  to  the  time  within  which  an 
action  might  be  brought,  after  the  right  of  action 
had  accrued.  Originally  those  actions  which  were 
given  by  a  lex,  senahis  consultum,  or  an  imperial 
constitution,  might  be  brought  without  any  limita- 
tion as  to  time ;  but  those  which  were  granted  by 
the  praetors  authority  were  generally  limited  to 
the  year  of  his  office.  A  time  of  limitation  was, 
however,  fixed  for  all  actions  by  the  late  imperial 
constitutions. 

The  division  of  actions  into  actiones  in  jus  and  in 
factum  is  properly  no  division  of  actions,  but  has 
merely  reference  to  the  nature  of  the  formula.  In 
the  formula  in  factum  concepta,  the  prastor  might 
direct  the  judex  barely  to  inquire  as  to  the  fact 
which  was  the  only  matter  in  issue  ;  and  on  finding 
the  fact,  to  make  the  proper  condemnatio :  as  in  the 
case  of  a  freedman  bringing  an  action  against  his 
patronus.  In  the  formula  in  jus  the  fact  was  not  in 
issue,  but  the  legal  consequences  of  the  fact  were 
submitted  to  the  discretion  of  the  judex.  The 
formula  in  factum  commenced  with  the  technical 
expression,  Siparet,  &c,  "  If  it  should  appear,"  &c; 
the  formula  in  jus  commenced,  Quod  A.  A.,  &c, 
"  Whereas  A.  A.  did  so  and  so."2 

The  actions  which  had  for  their  object  the  pun- 
ishment of  crimes  were  considered  public,  as  op- 
posed to  those  actions  by  which  some  particular 
person  claimed  a  right  or  compensation,  and  which 
were  therefore  called  private.  The  former  were 
properly  called  judicia  publica  ;  and  the  latter,  as 
contrasted  with  them,  were  called  judicia  privata. 
{Vid.  Judicium.) 

The  actions  called  noxales  were  when  a  filius 
familias  (a  son  in  the  power  of  his  father),  or  a 
slave,  committed  a  theft,  or  did  any  injury  to  an- 
other. In  either  case  the  father  or  owner  might 
give  up  the  wrong- doer  to  the  person  injured,  or 
else  he  must  pay  competent  damages.  These  ac- 
tions, it  appears,  take  their  name  either  from  the 
injury  committed,  or  because  the  wrong-doer  was 
liable  to  be  given  up  to  punishment  {noxa)  to  the 
person  injured.  Some  of  these  actions  were  of  legal 
origin,  as  that  of  theft,  which  was  given  by  the 
Twelve  Tables;  that  of  damnum,  injuria,  which 
was  given  by  the  Aquilia  Lex ;  and  that  of  injuri- 
arum  et  vi  bonorum  raptorum,  which  was  given  by 
the  edict,  and  therefore  was  of  praetorian  origin. 
This  instance  will  serve  to  show  that  the  Roman 
division  and  classification  of  actions  varied  accord- 
ing as  the  Roman  writers  contemplated  the  sources 
of  rights  of  action,  or  the  remedies  and  the  modes 
of  obtaining  them. 

An  action  was  commenced  by  the  plaintiff  sum- 
moning the  defendant  to  appear  before  the  praetor  or 
other  magistrate  who  had  jurisdictio :  this  process 
was  called  in  jus  vocatio  ;   and,  according  to  the 

1    (Cic,  Top.,  17.)— 2.  (Gaius,  iv.,  46,  47.) 
IS 


laws  of  the  Twelve  Tables,  was  in  effect  a  drag 
ging  of  the  defendant  before  the  praetor  if  he  refused 
to  go  quietly.  This  rude  proceeding  was  modified 
in  later  times,  and  in  many  cases  there  could  be  no 
in  jus  vocatio  at  all,  and  in  other  cases  it  was  neces- 
sary to  obtain  the  praetor's  permission  under  pain 
of  a  penalty.  It  was  also  established  that  a  man 
could  not  be  dragged  from  his  own  house ;  but  if  a 
man  kept  his  house  to  avoid,  as  we  should  say, 
being  served  with  a  writ,  he  ran  the  risk  of  a  kind 
of  sequestration  {actor  in  bona  mittebatur).  The 
object  of  these  rules  was  to  make  the  defendant  ap- 
pear before  the  competent  jurisdiction  ;  the  device 
of  entering  an  appearance  for  the  defendant  does 
not  seem  to  have  suggested  itself  to  the  Roman 
lawyers.1  If  the  defendant  would  not  go  quietly, 
the  plaintiff  called  on  any  by-stander  to  witness 
{anlestari)  that  he  had  been  duly  summoned,  touched 
the  ear  of  the  witness,  and  dragged  the  defendant 
into  court.2  The  parties  might  settle  their  dispute 
on  their  way  to  the  court,  or  the  defendant  might, 
be  bailed  by  a  vindex.3  The  vindex  must  not  be 
confounded  with  the  vades.  This  settlement  of 
disputes  on  the  way  was  called  transactio  in  via, 
and  serves  to  explain  a  passage  in  St.  Matthew.* 

When  before  the  prastor,  the  parties  were  said 
jure  agere.  The  plaintiff  then  prayed  for  an  action, 
and  if  the  praetor  allowed  it  (dabat  actionem),  he  then 
declared  what  action  he  intended  to  bring  against 
the  defendant,  which  was  called  edere  actionem. 
This  might  be  done  in  writing,  or  orally,  or  by  the 
plaintiff  taking  the  defendant  to  the  album,  and  show- 
ing him  which  action  he  intended  to  rely  on.6  As 
the  formula,  comprehended,  or  were  supposed  to 
comprehend,  every  possible  form  of  action  that 
could  be  required  by  a  plaintiff,  it  was  presumed 
that  he  could  find  among  all  the  formulae  some  one 
which  was  adapted  to  his  case,  and  he  was  accord- 
ingly supposed  to  be  without  excuse  if  he  did  not 
take  pains  to  select  the  proper  formula.6  If  he  took 
the  wrong  one,  or  if  he  claimed  more  than  his  due, 
he  lost  his  cause;7  but  the  prastor  sometimes  gave 
him  leave  to  amend  his  claim  or  intentio*  if,  for 
example,  the  contract  between  the  parties  was  for 
something  in  genere,  and  the  plaintiff  claimed  some- 
thing in  specie,  he  lost  his  action :  thus  the  contract 
might  be,  that  the  defendant  undertook  to  sell  the 
plaintiff  a  quantity  of  dyestuff  or  a  slave ;  if  the 
plaintiff  claimed  Tyrian  purple  or  a  particular 
slave,  his  action  was  bad;  therefore,  says  Gaius, 
according  to  the  terms  of  the  contract,  so  ought  the 
claim  of  the  intentio  to  be.  It  will  be  observed  that, 
as  the  formulae  were  so  numerous  and  comprehen- 
sive, the  plaintiff  had  only  to  select  the  formula 
which  he  supposed  to  be  suitable  to  his  case,  and  it 
would  require  no  farther  variation  than  the  inser- 
tion of  the  names  of  the  parties  and  of  the  thing 
claimed,  or  the  subject-matter  of  the  suit,  with  the, 
amount  of  damages,  "fee,  as  the  case  might  be. 
When  the  praetor  had  granted  an  action,  the  plain- 
tiff required  the  defendant  to  give  security  for  his 
appearance  before  the  praetor  (in  jure)  op  a  day 
named,  commonly  the  day  but  one  after  the  in  jots 
vocatio,  unless  the  matter  in  dispute  was  settled  at 
once.  The  defendant,  on  finding  a  surety,  was  said 
vades  dare,9  vadimonium  promittere  or  facer*;  the 
surety,  vas,  was  said  spondere ;  the  plaintiff,  when 
satisfied  with  the  surety,  was  said  vadari  reum,  tc 
let  him  go  on  his  sureties,  or  to  have  sureties  frGm 
him.  When  thf>  '.^aidant  promised  to  appear  m 
jure  on  the  day  mmvtA,  without  giving  any  surety, 
this  was  callecf  vadimonium  purum.  In  some  cases 
recuperatores  (vid.  Judex)  were  named,  who,  in  case 

1.  (Dig-.  2,  tit.  4.)— 2.  (Hor.,  Serm.  I.,  ix.,  75.,  scqq.— Plau- 
tus,  Curcul.,  v.,  2.) — 3.  (Cic,  Top.,  2. — Gaius,  iv.,  46.) — 4.  (v., 
25. — It  is  not  easy  to  state  correctly  the  changes  in  procedure 
which  took  place  after  the  abolition  of  the  legitime?  actiones 
Compare  Gaius,  iv.,  25,  46.)— 5.  (Dig-.  2,  tit.  13.)— 6.  (Ci ,., 
pro  Ros.  Coin.,  c.  8.) — 7.  ("  Causa  cadebat  :"  Cic,  de  Orat.,  i., 
I  36.)— 8.  (Gaius,  iv.,  53,  scqq.)— 9.  (Hor.,  Serm.  I.,  i„  11.) 


zxCTIO. 


ACTIO. 


01  ine  defendant  making  default,  condemned  him  in 
the  sum  of  money  named  in  the  vadimonium. 

If  the  defendant  appeared  on  the  day  appointed, 
he  was  said  vadimonium  sistere ;  if  he  did  not  ap- 
pear, he  was  said  vadimonium  deseruisse,  and  the 
praetor  gave  to  the  plaintiff  the  bonorum  possessio.1 
Both  parties,  on  the  day  appointed,  were  sVjnmoned 
by  a  crier  (prceco),  when  the  plaintiff  made  his  claim 
or  demand,  which  was  very  briefly  expressed,  and 
may  be  considered  as  corresponding  to  our  declara- 
tion at  law. 

The  defendant  might  either  deny  the  plaintiff's 
claim,  or  he  might  reply  to  it  by  a  plea,  exceptio. 
If  he  simply  denied  the  plaintiff's  claim,  the  cause 
was  at  issue,  and  a  judex  might  be  demanded. 
The  forms  of  the  exceptio  also  were  contained  in  the 
praetar's  edict,  or,  upon  hearing  the  facts,  the  praetor 
adapted  the  plea  to  the  case.  The  exceptio  was  the 
defendant's  defence,  and  was  often  merely  an  equi- 
table answer  or  plea  to  the  plaintiff 's  legal  demand. 
The  plaintiff  might  claim  a  thing  upon  his  contract 
with  the  defendant,  and  the  defendant  might  not  de- 
ny the  contract,  but  might  put  in  a  plea  of  fraud 
(dolus  malus),  or  that  he  had  been  constrained  to 
come  to  such  agreement.  The  exceptio  was  in  effect 
something  which  negatived  the  plaintiff's  demand, 
and  it  was  expressed  by  a  negative  clause :  thus,  if 
the  defendant  should  assert  that  the  plaintiff  fraudu- 
lently claimed  a  sum  of  money  which  he  had  not 
given  to  the  defendant,  the  exceptio  would  run  thus : 
Si  in  ea  re  nihil  dolo  malo  Auli  Agerii  factum  sit  neque 
fiat.  Though  the  exceptio  proceeded  from  the  de- 
fendant, it  was  expressed  in  this  form,  in  order  to  be 
adapted  for  insertion  in  the  formula,  and  to  render 
the  condemnatio  subject  to  the  condition. 

Exceptions  were  peremptoricB  or  dilatoria.  Per- 
emptory exceptions  were  a  complete  and  perpetual 
answer  to  the  plaintiff's  demand,  such  as  an  excep- 
tio of  dolus  malus  or  of  res  judicata.  Dilatory  ex- 
ceptions were,  as  the  name  imports,  merely  calcu- 
.ated  to  delay  the  plaintiff's  demand;  as,  for  in- 
stance, by  showing  that  the  debt  or  duty  claimed 
was  not  yet  due.  Gaius  considers  the  exceptio 
litis  dividua,  and  rei  residua?  as  belonging  to  this 
class.  If  a  plaintiff  prosecuted  his  action  after  a 
dilatory  exception,  he  lost  altogether  his  right  of 
action."  There  might  be  dilatory  exceptions,  also, 
to  the  person  of  the  plaintiff,  of  which  class  is  the 
exceptio  cognitoria,  by.  which  the  defendant  objects 
either  that  the  plaintiff  is  not  entitled  to  sue  by  a 
cognitor,  or  that  the  cognitor  whom  he  had  named 
was  not  qualified  to  act  as  a  cognitor.  If  the  ex- 
ception was  allowed,  the  plaintiff  could  either  sue 
himself,  or  name  a  proper  cognitor,  as  the  case 
might  be.  If  a  defendant  neglected  to  take  advan- 
tage of  a  peremptory  exceptio,  the  praetor  might  af- 
terward give  him  permission  to  avail  himself  of 
it;  whether  he  could  do  the  same  in  the  case  of  a 
dilatory,  was  a  doubtful  question.3 

The  plaintiff  might  reply  to  the  defendant's  excep- 
tio, for  the  defendant,  by  putting  in  his  plea,  became 
an  actor.  (  Vid.  Actor.)  The  defendant's  plea  might 
be  good,  and  a  complete  answer  to  the  plaintiff's 
demand,  and  yet  the  plaintiff  might  allege  some- 
thing that  would  be  an  answer  to  the  plea.  Thus, 
in  the  example  given  by  Gaius,*  if  the  auctioneer 
{argentarius)  claimed  the  price  of  a  thing  sold  by 
auction,  the  defendant  might  put  in  a  plea,  which, 
when  inserted  in  the  formula,  would  be  of  this  shape : 
Ut  ita  demum  emptor  damnetur,  si  ei  res  quam  emerit 
tradila  sit ;  and  this  would  be  in  form  a  good  plea. 
But  if  the  conditions  of  sale  were  that  the  article 
should  not  be  handed  to  the  purchaser  before  the 
money  was  paid,  the  argentarius  might  put  in  a  re- 
plicatio  in  this  shape:  Nisi  pnedictum  est  ne  aliter 
emptori  res  traderetur  quam  si  pretium  emptor  solvent. 


1.  (Hor.,  Serm.  I.,  iz ,  36,  seqq. — Cic,  pro  P.  Quinctio,  o.  6.) 
-2    (ii  ,  12?.  )  -3.  (Gaius,  iv.,  125.)—!.  (iv.,  126.) 


If  the  defendant  answered  the  replication  his  answti 
was  called  duplicatio;  and  the  parties  might  go  en 
to  the  triplicatio  and  quadruplicate,  and  even  farther, 
if  the  matters  in  question  were  such  that  they  could 
not  otherwise  be  brought  to  an  issue. 

It  remains  to  speak  of  the  prascriptio,  so  called 
from  being  written  at  the  head  or  beginning  of  the 
formula,  and  which  was  adapted  for  the  protection 
of  the  plaintiff  in  certain  cases.1  For  instance,  if 
the  defendant  was  bound  to  make  to  the  plaintiff  a 
certain  fixed  payment  yearly  or  monthly,  the  plain- 
tiff had  a  good  cause  of  action  for  all  the  sums  of 
money  already  due ;  but,  in  order  to  avoid  making 
his  demand  for  the  future  payments  not  yet  due,  k 
was  necessary  to  use  a  prescription  of  the  follow  • 
ing  form :  Ea  res  agatur  cujus  rei  diesfuit. 

A  person  might  maintain  or  defend  an  action  by 
his  cognitor  or  procurator,  or,  as  we  should  say,  by 
his  attorney.  The  plaintiff  and  defendant  used  a 
certain  form  of  words  in  appointing  a  cognitor,  and 
it  would  appear  that  the  appointment  was  made  in 
the  presence  of  both  parties.  The  cognitor  needed 
not  to  be  present,  and  his  appointment  was  com- 
plete when  by  his  acts  he  had  signified  his  assent.1 
No  form  of  words  was  necessary  for  appointing  a 
procurator,  and  he  might  be  appointed  without  the 
knowledge  of  the  opposite  party. 

In  many  cases  both  plaintiff  and  defendant  might 
be  required  to  give  security  (satisdare) ;  for  instance, 
in  the  case  of  an  actio  in  rem,  the  defendant  who 
was  in  possession  was  required  to  give  security,  in 
order  that,  if  he  lost  his  cause  and  did  not  restore 
the  thing,  nor  pay  its  estimated  value,  the  plaintiff 
might  have  an  action  against  him  or  his  sureties. 
When  the  actio  in  rem  was  prosecuted  by  the  formula 
petiloria,  that  stipulatio  was  made  which  was  called 
judicatum  solvi.  As  to  its  prosecution  by  the  sponsio, 
see  Sponsio  and  Centumviri.  If  the  plaintiff  sued 
in  his  own  name,  he  gave  no  security;  nor  was  any 
security  required  if  a  cognitor  sued  for  him,  either 
from  the  cognitor  or  the  plaintiff  himself,  for  the 
cognitor  actually  represented  the  plaintiff,  and  was 
personally  liable.  But  if  a  procurator  acted  for 
him,  he  was  obliged  to  give  security  that  the  plain- 
tiff would  adopt  his  acts ;  for  the  plaintiff  was  not 
prevented  from  bringing  another  action  when  a  pro- 
curator acted  for  him.  Tutors  and  curators  gener- 
ally gave  security,  like  procurators.  In  the  case  of 
an  actio  in  personam,  the  same  rules  applied  to  the 
plaintiff  as  in  the  actio  in  rem.  If  the  defendant  ap- 
peared by  a  cognitor,  the  defendant  had  to  give  se- 
curity; if  by  a  procurator,  the  procurator  had  to 
give  security. 

When  the  cause  was  brought  to  an  issue,  a  judex 
or  judices  might  be  demanded  of  the  praetor  who 
named  or  appointed  a  judex,  and  delivered  to  him 
the  formula  which  contained  his  instructions.  The 
judices  were  said  dari  or  addici.  So  far  the  pro- 
ceedings were  said  to  be  injure:  the  prosecution  of 
the  actio  before  the  judex  requires  a  separate  dis- 
cussion. 

The  following  is  an  example  of  a  formula  taken 
from  Gaius:3  Judex  esto.  Si  paret  Aulum  Agerium 
apud  Numerium  Negidium  mensam  argenteam  depo- 
suisse  eamque  dolo  malo  Numerii  Negidii  Aulo  Agerio 
redditam  non  esse  quanti  ea  res  erit  tantam  pecuniam 
judex  Numerium  Negidium  Aulo  Agerio  condemnato  • 
si  nan  paret,  absolvito. 

The  nature  of  the  formula,  however,  will  be  bet- 
ter understood  from  the  following  analysis  of  it  by 
Gaius :  It  consisted  of  four  parts,  the  demonstratio, 
intentio,  adjudicatio,  condemnatio.  The  demonstratw 
is  that  part  of  the  formula  which  explains  what  the 
subject-matter  of  the  action  is.  For  instance,  if  the 
subject-matter  be  a  slave  sold,  the  demonstralio  would 
run  thus :  Quod  Aulus  Agerius  Numerio  Negidio  horn- 


1.  (Gaius,  iv.,  130,  seqq.— Cic,  de  Orat.,  i.,  37.)— 2.  (Cic.Dra 
Q.  Roscio,  c.  2.— Hor.,  Serm.  I.,  v.,  35.)— 3.  Pv..  47.) 


AC  TDK. 


AC  US. 


*n*7/&  vendidit.  The  intentio  contains  the  claim  or 
demand  of  the  plaintiff:  Si  paret  hominem  ex  jure 
Quiritium  Auli  Agerii  esse.  The  adjudicatio  is  that 
part  of  the  formula  which  gives  the  judex  authority 
to  adjudicate  the  thing  which  is  the  subject  of  dis- 
pute to  one  cr  other  of  the  litigant  parties.  If  the 
action  be  among  partners  for  dividing  that  which 
belongs  to  them  all,  the  adjudication  would  run 
thus :  Quantum  adjudicari  oportet  judex  Titio  adjudi- 
cate. The  condemnatio  is  that  part  of  the  formula 
which  gives  the  judex  authority  to  condemn  the  de- 
fendant in  a  sum  of  money,  or  to  acquit  him :  for 
example,  Judex  Numerium  Negidium  Aulo  Agerio 
sestertium  milia  condemna:  si  non  paret,  absolve. 
Sometimes  the  intentio  alone  was  requisite,  as  in 
the  formulae  called  prcejudiciales  (which  some  mod- 
ern writers  make  a  class  of  actions),  in  which  the 
matter  for  inquiry  was,  whether  a  certain  person 
was  a  freedman,  what  was  the  amount  of  a  dos,  and 
other  similar  questions,  when  a  fact  solely  was  the 
thing  to  be  ascertained. 

Whenever  the  formula  contained  the  condemnatio, 
it  was  framed  with  the  view  to  pecuniary  damages ; 
and,  accordingly,  even  when  the  plaintiff  claimed  a 
particular  thing,  the  judex  did  not  adjudge  the  de- 
fendant to  give  the  thing,  as  was  the  ancient  prac- 
tice at  Rome,  but  condemned  him  in  a  sum  of  mon- 
ey equivalent  to  the  value  of  the  thing.  The  for- 
mula might  either  name  a  fixed  sum,  or  leave  the 
estimation  of  the  value  of  the  thing  to  the  judex, 
who  in  all  cases,  however,  was  bound  to  name  a 
definite  sum  in  the  condemnation. 

The  formula  then  contained  the  pleadings,  or  the 
statements  and  counter-statements,  of  the  plaintiff 
and  the  defendant ;  for  the  intentio,  as  we  have  seen, 
was  the  plaintiff's  declaration;  and  if  this  was  met 
by  a  plea,  it  was  necessary  that  this  also  should  be 
inserted  in  the  formula.  The  formula  also  con- 
tained the  directions  for  the  judex,  and  gave  him 
the  power  to  act.  The  resemblance  between  the 
English  and  Roman  procedure  is  pointed  out  in  a 
note  in  Starkie's  Law  of  Evidence.1 

The  following  are  the  principal  actions  which  we 
read  of  in  the  Roman  writers,  and  which  are  briefly 
described  under  their  several  heads:  Actio — Aquce 
pluvia  arcendce ;  Bonorum  vi  raptorum ;  Certi  et  In- 
certi;  Commodati;  Communi  dividundo ;  Confessoria; 
Damni  injuria  dati ;  Dejecti  vel  effusi ;  Depensi ;  De- 
positi ;  De  dolo  malo ;  Emti  et  venditi ;  Exercitoria ; 
Ad  Exhibendum;  Families,  erciscundce;  Fiduciaria; 
Finium  regundorum ;  Furti ;  Hypothecaria ;  Injuri- 
arum;  Institoria;  Judicati;  Quodjussu;  Legis  Aqui- 
lice ;  Locati  et  conducti ;  Mandati  mutui ;  Negativa ; 
Negotiorum  gestorum ;  Noxalis ;  De  pauperie ;  Depe- 
culio ;  Pignoraticia  or  Pignoratitia ;  Publiciana ; 
Quanti  minoris ;  Rationibus  distrahendis ;  De  recepto  ; 
Redhibitoria ;  Rei  uxorice  or  Dotis ;  Restitutoria  and 
Rescissoria ;  Rutiliana ;  Serviana ;  Pro  socio ;  Ti'ibu^ 
toi'ia;  Tutelce. 

ACTOR  signified  generally  a  plaintiff.  In  a 
civil  or  private  action,  the  plaintiff  was  often  called 
vetitor;  in  a  public  action  {causa  publico)  he  was 
called  accusator*  The  defendant  was  called  reus, 
both  in  private  and  public  causes :  this  term,  how- 
ever, according  to  Cicero,3  might  signify  either 
party,  as  indeed  we  might  conclude  from  the  word 
itself.  In  a  private  action  the  defendant  was  often 
called  adversarius,  but  either  party  might  be  called 
adversarius  with  respect  to  the  other.  Originally, 
no  person  who  was  not  sui  juris  could  maintain  an 
action ;  a  jilius  familias,  therefore,  and  a  slave,  could 
not  maintain  an  action ;  but  in  course  of  time  cer- 
tain actions  were  allowed  to  a  Jilius  familias  in  the 
absence  of  his  parent  or  his  procurator,  and  also  in 
case  the  parent  was  incompetent  to  act  from  mad- 
ness or  other  like  cause.*  Wards  brought  their  ac- 
tions by  their  guardian  or  tutor;  and  in  case  they 

1.  (i.,  p.  4.)— 2.  (Cic.  ad  Att.,  i.,  16.)— 3.  (De  Orat.,  ii.,  43.) 
4    (Dij.  47,  tit.  10,  s.  17.) 
20 


wished  to  bring  an  action  against  their  tutor,  the 
prsetor  named  a  tutor  for  the  purpose.1  Peregrini, 
or  aliens,  originaMy  brought  their  action  through 
their  patronus;  but  afterward  in  their  own  name, 
by  a  fiction  of  law,  that  they  were  Roman  citizens. 
A  Roman  citizen  might  also  generally  bring  his  ac- 
tion by  means  of  a  cognitor  or  procurator.  (Vid. 
Actio.)  A  universitas,  or  corporate  body,  sued  and 
was  sued  by  their  actor  or  syndicus.2 

Actor  has  also  the  sense  of  an  agent  or  managtr 
of  another's  business  generally.  The  actor  publicum 
was  an  officer  who  had  the  superintendence  or  care 
of  slaves  and  property  belonging  to  the  state.3 

ACTOR.    (Vid.  Histrio.) 

ACTUA'RII,  short-hand  writers,  who  took  down 
the  speeches  in  the  senate  and  the  public  assemblies.* 
In  the  debate  in  the  Roman  senate  upon  the  punish- 
ment of  those  who  had  been  concerned  in  the  con- 
spiracy of  Catiline,  we  find  the  first  mention  of 
short-hand  writers,  who  were  employed  by  Cicero 
to  take  down  the  speech  of  Cato. 

The  actuarii  militia,  under  the  Roman  emper- 
ors, were  officers  whose  duty  it  was  to  keep  the  ac- 
counts of  the  army,  to  see  that  the  contractors  sup- 
plied the  soldiers  with  provisions  according  to  agree- 
ment, &e.5 

ACTUS,  a  Roman  measure  of  length.  "Actus 
vocabatur,  in  quo  boves  agerent/ur  cum  aratro,  uno  im- 
petu  justo.  Hie  erat  exx  pedum ;  duplicatusque  in 
longitudinem  jugerum  faciebat."6  This  actus  is  called 
by  Columella  act/us  quadratus;  he  says,7  "  Actus 
quadratus  undiquefinitur  pedibus  cxx.  Hoc  duplicatum 
facit  jugerum,  et  ab  eo,  quod  erat  junchtm,jugeri  nomen 
usurpavit;  sed  Ivunc  actum  provincia  Bczticce  rustici 
acnuam  (or  acnam)  vocant."  Varro8  says,  "Actus 
quadratus  qui  et  latus  est  pedes  cxx,  et  longus  totidem, 
is  modus  acnua  Latine  appellatur."  The  ad/us  quad- 
ratus was  therefore  equal  to  half  a  jugerum,  or  14,400 
square  Roman  feet.  The  actus  minimus  or  simplex"' 
was  120  feet  long  and  four  broad,  and  therefcie 
equal  to  480  square  Roman  feet. 

ACTUS.     (Vid.  Servitutes.) 

ACUS,  dim.  ACIC'ULA  (peXovr;,  pelovig,  daftf, 
a  needle,  a  pin. 

We  may  translate  acus  a  needle,  when  we  suppose 
it  to  have  had  at  one  end  a  hole  or  eye10  for  the 
passage  of  thread ;  and  a  pin,  when,  instead  of  a 
hole,  we  suppose  it  to  have  had  a  knob,  a  small 
globe,  or  any  other  enlarged  or  ornamental  termina- 
tion. 

The  annexed  figures  of  needles  and  pins,  chiefly 
taken  from  originals  in  bronze,  vary  in  length  fro*™ 
an  inch  and  a  half  to  about  eight  inches. 


fa 


M 


% 


w 


Pins  were  made  not  only  of  metal,  but  also  o! 
wood,  bone,  and  ivory.  Their  principal  use  was  to 
assist  in  fastening  the  garments,  and  more  particu- 
larly in  dressing  the  hair.  The  mode  of  platting 
the  hair,  and  then  fastening  it  with  a  pin  or  needle, 

1.  (Gaius,  i.,  184.)— 2.  (Di?.  3,  tit.  4.)— 3.  <  Tacit.,  Ann.,  ii., 
30  ;  iii.,  67.— Lips.,  Excurs.  ad  Tacit.,  Ann.,  ii.  30.) — 4.  (Suet- 
Jul.,  55. — Seneca,  Ep.  33.) — 5.  (Ammiaii.,  xx.,  5. — Cod.  xii. 
tit.  37,  s.  5,  1#;  xii.,  tit.  49.)— 6.  (Plin.,  H.  N.,  xviii.,  3.)— 7 
(v.,  1.)— 8.  (De  Re  Rust.,  i.,  16.)— 9.  (Colum  ,  v.,  1.— Varro. 
De  Ling-.  Lat.    V.,  4.) — 10.  (Tpvizrjiia,  7pvfxa\i<i.) 


ADAMAS. 


ADLECTOR. 


is  shown  in  the  annexed  figure  of  a  female  nead, 
taken  from  a  marble  group  which  was  found  at  Apt, 
in  the  sou'h  of  France.1 


This  fashion  has  been  continued  to  our  own  times 
0>  the  females  of  Italy.  Martial  alludes  to  it  in  the 
follow ing  epigram,  in  which  he  supposes  the  hair  to 
be  anointed  with  perfumes  and  decorated  with  rib- 
ands : 

"  Tenuia  ne  madidi  violent  bombycina  crines, 
Figat  aciis  tertas.  sustineatque  comas."* 

The  acus  was  employed  as  an  instrument  of  tor- 
ture, being  inserted  under  the  nails. 

Honesty  was  enjoined  upon  children  by  telling 
them  that  it  was  wrong  even  to  steal  a  pin. 

Mrjde  fleXovrjc  lva\ip?  eiridv/iric,  Trafj,<j>i2,e, 
'O  -yap  Qebg  fiteirei  as  'K'/X-rjalov  irapuv.3 

*AD'AMAS  (uddfiac),  a  name  given  by  the  an- 
cients to  several  hard  substances,  and  among  the 
rest,  probably  to  the  Diamond.  Psellus  describes 
the  gem  adamas  as  follows  :  xpoiav  fj.lv  exEL  ve2,t£ov- 
acv  real  aTLlwfiv,  "  its  colour  resembles  crystal,  and 
is  splendid." — "  It  is  probable,"  observes  Dr.  Moore, 
"  that  Pliny,  when  speaking  of  the  gem  called  ad- 
u?nas,*  had  in  view,  among  other  things,  the  dia- 
mond ;  but  it  is  plain,  from  the  fables  he  relates  of 
»t,  that  this  substance  'of  highest  value,  not  only 
among  gems,  but  all  human  things,  and  for  a  long 
time  known  to  kings  only,  and  to  very  few  of  them,' 
was  unknown  to  him.  He  has  evidently  confound- 
ed in  his  description  several  widely  different  miner- 
als ;  to  which,  from  their  hardness,  or  their,  in  some 
respect  or  other,  indomitable  nature,  the  Greeks 
gave  the  name  adufiag,  '  adamant.'  Thus  steel  was 
very  frequently  so  called;5  and  those  grains  of  na- 
tive gold,  which,  when  the  gangue  containing  them 
was  reduced  to  powder  in  a  mortar,  resisted  the  pes- 
tle and  could  not  be  comminuted  by  it,  were  called 
adamas.6  Something  of  this  sort  Pollux  meant  by 
that  '  flower  of  gold,'7  or  choicest  gold,  which  he 
calls  adamas  ,-8  and  Plato,  too,  by  c  the  branch  or 
knot  of  gold,'9  which,  from  its  density,  very  hard  and 
deep  coloured,  was  called  adamas}0  It  was,  no  doubt, 
this  native  gold  that  was  spoken  of  in  the  authors 
from  whom  Pliny  drew,  when  he  wrote  that  adamas 
is  found  in  gold  mines;  that  it  accompanies  gold; 
that  it  seems  to  occur  nowhere  but  in  gold  ;  that  it 
is  not  larger  than  a  cucumber  seed,  nor  unlike  to  it 
in  colour.  Of  the  six  kinds  he  mentions,  that  de- 
scribed as  occurring  in  India,  not  in  gold,  but  bear- 
ing some  resemblance  to  crystal,  may  have  been 
the  diamond;  though  even  here  it  is  probable  that 
tie,  and  those  from  whom  he  copies,  mistook  fine 
crystals  of  quartz  for  diamonds,  or,  rather,  call 
such  crystals  adamas.    The  description  given  is 

L  (Montfaucon,  Ant.  Exp.  Suppl.,  iii.,  3.) — 2.  (Lib.  xiv.,  Epig. 
24.)— 3.  (Menan.  et  Philem.,  Reliq.  a  Meineke,  p.  306.)— 4. 
(II.  N.,  xxxvii.,  15.)— 5.  ('Afa/iaj.  ykvos  citrjpov-  Ilesych.— 
Stanley,  in  ^Esch.,  Prom.  Vinct.,  6.)— 6.  (Salmas.,  Exercit. 
Plin.,  p.  757.) — 7.  (ypvcrov  avBic) — 8.  (vii.,  99.) — 9.  (xpvcrov 
Koc  ^—10.  (Tim.,  v.,  7,  p.  5",  ed  Tauchn.) 


precisely  that  of  a  crystal  of  quartz,  in  which  the 
prism  has  entirely  disappeared,  leaving  a  double 
six-sided  pyramid  upon  a  common  base.1  The 
manner  in  which  Dionysius  Periegetes  character- 
izes adamas  may  lead  us  to  suspect  that  he  also 
spoke  of  crystals  of  quartz ;  for  the  diamond  in  its 
unpolished  state,  as  known  to  the  ancients,  would 
hardly  have  been  styled  '  all-resplendent,'2  ana 
afterward  'brilliant.'3  The  locality,  too,  in  the 
former  case,  being  Scythia.  The  variety  of  adamas 
which  Pliny  calls  siderites,  was  magnetic  iron  ore;* 
and  the  Cyprian  was  probably  emery,  or  some  simi- 
lar substance  used  in  engraving  gems."5 

*ADAR'KES  (adapKTic).  Matthiolus  admits  his 
ignorance  of  what  this  substance  is,  and  Matthias 
Faber  was  in  error  when  he  referred  it  to  the  Lap-is 
Spongites.6  From  the  description  of  it  given  by 
Dioscorides  and  Paulus  iEgineta,  it  was  evidently 
nothing  but  the  efflorescence  which  gathers  about 
reeds  in  certain  salt  lakes.7 

ADDIC'TI.    (Vid.  Nexi.) 

ADDIC'TIO.     (Vid.  Actio.) 

ADDIX,  ADDIXIS  {addi£,  uddifo),  a  Greek  meao 
ure,  according  to  Hesychius  equal  to  four  xoiviiceg. 

ADEIA  (adeia).  When  any  one  in  Athens,  who 
had  not  the  full  privileges  of  an  Athenian  citizen, 
such  as  a  foreigner,  a  slave,  &c,  wished  to  accuse 
a  person  of  any  offence  against  the  people,  he  was 
obliged  to  obtain  first  permission  to  do  so,  which 
permission  was  called  udeia*  An  Athenian  citizen 
who  had  incurred  aTLjiia  (vid.  Atimia)  was  also 
obliged  to  obtain  adeta  before  he  could  lay  an  infor 
mation  against  any  one.9 

ADEMP'TIO.     (Vid.  Legatum.) 

ADGNA'TIO.     (Vid.  Heres;  Testamentum.) 

ADGNA'TI.    (Vid.  Cognati.) 

*AD'IANTON,  a  plant.  There  can  be  no  doubt 
that  it  is  the  Adiantum  Capillus,  or  "  Maiden-hair." 
Both  Nicander  and  Theophrastus  say  of  it,  that  it 
derives  its  name  from  the  circumstance  of  its  not 
being  wet  by  rain  (d,  neg.,  and  dtaivo,  "to  wet"). 
Apuleius  mentions  Callitrichon,  Polytrickon,  and  As- 
plenon  as  synonymes  of  it.10 

'AAIKI'AS  irpbg  rbv  dii[j.ov  ypacprj,  and  a-narriGEue 
tov  drjpov  ypaty-n,  were  actions  brought  in  the  Athe- 
nian courts  against  persons  who  were  considered  to 
have  misled  the  people,  the  courts  of  justice,  or  the 
senate  of  Five  Hundred,  by  misrepresentations  or 
false  promises,  into  acts  of  injustice,  or  into  measures 
injurious  to  the  interests  of  Athens.  If  an  individual 
was  found  guilty,  he  was  punished  with  death.  The 
law  relating  to  these  offences  is  preserved  by  Demos- 
thenes.11 

ADITTO  HEREDITA'TIS.  (F^.Hereditas.) 

ADJUDICA'TIO.     (Vid.  Actio.) 

ADLEC'TI  were  those  persons  who  were  ad- 
mitted to  the  privileges  and  honours  of  the  praetor- 
ship,  quaestorship,  aedileship,  and  other  public  offices, 
without  having  any  duties  to  perform.12  In  inscrip- 
tions we  constantly  find,  adleckts  inter  tribunos,  inter 
quastores,  inter  pradores,  &c.  The  name  also  was 
applied,  according  to  Festus,  to  those  senators  who 
were  chosen  from  the  equites  on  account  of  the 
small  number  of  senators ;  but  it  appears  more  prob- 
able that  the  adlecti  were  the  same  as  the  con- 
scripti.  Livy  says,  Conscriptos  in  novum  senatum 
appellabant  ledos.13 

ADLEC'TOR,  a  collector  of  taxes  in  the  prov- 
inces in  the  time  of  the  Roman  emperors.14 

1.  (Plin.,H.  N.,  xxxvii.,  15.)—  2.  (rra/i^avdwvru  :  Dion.  Perieg., 
318.)— 3.  (napfiaipovra  :  Id. ib.,  1119.)— 4.  (Salmas.,  Exercit.  Plin., 
p.  773,  seq.— Jamieson,  Mineral.,  i.,  41.)— 5.  (Salmas.,  Exercit 
Plin.,  p.  774. — Moore's  Ancient  Mineralogy,  p.  143,  seq.) — 6. 
(Dioscor.,  v.,  137.— Paul.  ^Egin.,  vii.—  Mangeti,  Bibl.  Scrip 
Med.)— 7.  (Adams,  Append.,  s.  v.)— 8.  (Plut.,  Pericl.,  c.  31.)— 
9.  (Demosth.,  c.  Timocr.,  12,  p.  715.— Plut.,  Phoc,  c.  26.)— 1G. 
(Theophrast.,  H.  P.,  vii.,  14— Nicand.,  Ther.,  846.)— 11.  (c 
Leptin.,  c.  21.  p.  487.— Id.  ib.,  c.  29,  p.  498—  Id.,  c.  Timoth.,  p 
1204.— Dinarch.,  c.  Philoc,  c.  1,  p  93.)— 12.  (Capitclin.,  Pertm 
c.  6.)— 13    (k,  1.)— 14.  (Cod.  Tke-od.,  xii.,  tit.  vi.,  s.  12? 

21 


ADOPTION 


ADOPTION. 


ADMISSIONA'LES  were  chamberlains  at  the 
imperial  court,  who  introduced  persons  to  the  pres- 
ence of  the  emperor.1  They  were  divided  into 
fowc  classes;  the  chief  officer  of  each  class  was 
called  proximus  admissionum  ;2  and  the  proximi  were 
under  the  magister  admissionum.3  The  admission- 
ales  were  usually  freedmen.* 

Friends  appear  to  have  beer,  called  amid  admis- 
s-ionis  primes,  secundcz,  or  tertics.  According  to 
some  writers,  they  were  so  called  in  consequence 
of  the  order  in  which  they  were  admitted ;  accord- 
ing to  others,  because  the  atrium  was  divided  into 
different  parts,  separated  from  one  another  by  hang- 
ings, into  which  persons  were  admitted  according 
to  the  different  degrees  of  favour  in  which  they  were 
held.6 

ADO'NIA  (ddovia),  a  festival  celebrated  in  hon- 
our of  Aphrodite  and  Adonis  in  most  of  the  Grecian 
cities.6  It  lasted  two  days,  and  was  celebrated  by 
women  exclusively.  On  the  first  day  they  brought 
into  the  streets  statues  of  Adonis,  which  were  laid 
out  as  corpses ;  and  they  observed  all  the  rites  cus- 
tomary at  funerals,  beating  themselves  and  uttering 
lamentations.7  The  second  day  was  spent  in  mer- 
riment and  feasting,  because  Adonis  was  allowed 
to  return  to  life,  and  spend  half  of  the  year  with 
Aphrodite.8 

*ADO'NIS  (aduvic,  or  e&koitoc),  the  Flying-fish, 
or  Exoccetus  volitans,  L.9 

ADOPTION  (GREEK).  Adoption  was  called 
by  the  Athenians  eigttoiticuc,  or  sometimes  simply 
nolijatc  or  -&Eate.  The  adoptive  father  was  said 
TrocEiadat,  doTroieladat,  or  sometimes  ttolelv  ;  and 
the  father  or  mother  (for  a  mother  after  the  death 
of  her  husband  could  consent  to  ner  son  being 
adopted)  was  said  ekttoleiv  :  the  son  was  said  ekttoi- 
eladai,  with  reference  to  the  family  which  he  left ; 
and  ElaTToiEicdai  with  reference  to  the  family  into 
which  he  was  received.  The  son,  when  adopted, 
was  called  tcoltjto^,  eIottoit/toc;,  or  -&ETog,  in  opposi- 
tion to  the  legitimate  son  born  of  the  body  of  the 
father,  who  was  called  yvrjciog. 

A  man  might  adopt  a  son  either  in  his  lifetime  or 
by  his  testament,  provided  he  had  no  male  offspring 
and  was  of  sound  mind.  He  might  also,  by  testa- 
ment, name  a  person  to  take  his  property,  in  case 
his  son  or  sons  should  die  under  age.10  If  he  had 
male  offspring,  he  could  not  dispose  of  his  property. 
This  rule  of  law  was  closely  connected  with  the 
rule  as  to  adoption ;  for  if  he  could  have  adopted  a 
son  when  he  had  male  children,  such  son  would 
have  shared  his  property  with  the  rest  of  his  male 
children,  and  to  that  extent  the  father  would  have 
exercised  a  power  of  disposition  which  the  law  de- 
nied him. 

Only  Athenian  citizens  could  be  adopted ;  but  fe- 
males could  be  adopted  (by  testament  at  least)  as 
well  as  males.11  The  adopted  child  was  transferred 
from  his  own  family  and  demus  into  those  of  the 
adoptive  father ;  he  inherited  his  property,  and  main- 
tained the  sacra  of  his  adoptive  father.  It  was  not 
necessary  for  him  to  take  his  new  father's  name, 
but  he  was  registered  as  his  son.  The  adopted  son 
might  return  to  his  former  family,  in  case  he  left  a 
child  to  represent  the  family  of  his  adoptive  father : 
unless  he  so  returned,  he  lost  all  right  which  he 
might  have  had  on  his  father's  side  if  he  had  not 
been  adopted;  but  he  retained  all  rights  which  he 
might  have  on  his  mother's  side,  for  the  act  of  adop- 
tion had  no  effect  so  far  as  concerned  the  mother  of 


1.  (Lamprid.,  Sever.,  c.  4. — "  Officium  admissionis."  Suet., 
Vesp.,  c.  14.) — 2.  (Ammian.,  xxii.,  7.) — 3.  (Ammian.,  xv.,  5. — 
Vop.,  Aurel.,  c.  12.)— 4.  (Cod.  Theod.,  vi.,  tit.  2,  s.  12  ;  tit.  9, 
8  2  :  tit.  35,  s.  3.) — 5.  (Sen.,  de  Benef.,  vi.,  33,  seq. — Clem.,  i., 
10.) — 6.  (Aristoph.,  Pax,  412.— Schol.  in  loc.)— 7.  (Plutarch, 
Ale.  c.  18. — Nic,  c.  13.) — 8.  (For  a  fuller  account,  consult  An- 
thon's  Classical  Dictionary,  s.  v.) — 9.  (iElian,  ix.,  36. — Plin., 
II.  N.,  ix.,  19.)— 10.  (Demosth.,  Kara  Hrecpdvov  VcvS.,  13.)— 11. 
iTsaeus  Ttspl  tov  '  Ayw'ou  Kh'jpov.) 

22 


the  adopted  person;  she  still  continued  hie  oic*he« 
after  the  act  of  adoption. 

The  next  of  kin  of  an  Athenian  citizen  were  en- 
titled to  his  property  if  he  made  no  disposition  of  it 
by  will,  or  made  no  valid  adoption  during  his  life- 
time;  they  were,  therefore,  interested  in  preventing 
fraudulent  adoptions.  The  whole  community  were 
also  interested  in  preventing  the  introduction  into 
their  body  of  a  person  who  was  not  an  Athenian 
citizen.  To  protect  the  rights  of  the  next  of  kin 
against  unjust  claims  by  persons  who  alleged  them- 
selves to  be  adopted  sons,  it  was  required  that  the 
father  should  enter  his  son,  whether  born  of  his 
body  or^  adopted,  in  the  register  of  his  phratria 
(dparpiKov  ypaufiaTElov)  at  a  certain  time,  the  Thar- 
gelia,1  with  the  privity  of  his  kinsmen  and  phratorea 
(■ysvvTjTai,  <ppdropEg).  Subsequently  to  this,  it  was 
necessary  to  enter  him  in  the  register  of  the  adoptive 
father's  demus  {"kriZtapxinbv  ypauuaTElov),  without 
which  registration  it  appears  that  he  did  not  possess 
the  full  rights  of  citizenship  as  a  member  of  his  new 
demus. 

If  the  adoption  was  by  testament,  registration 
was  also  required,  which  we  may  presume  that  the 
person  himself  might  procure  to  be  done  if  he  was 
of  age,  or  if  not,  his  guardian  or  next  friend.  If  a 
dispute  arose  as  to  the  property  of  the  deceased 
(nlfjpov  diadtKacia)  between  the  son  adopted  by 
testament  and  the  next  of  kin,  there  could  properly 
be  no  registration  of  the  adopted  son  until  the  tes- 
tament was  established.  If  a  man  died  childless 
and  intestate,  his  next  of  kin,  according  to  the 
Athenian  rules  of  succession,2  took  his  property  by 
the  right  of  blood  {dyxiorEia  Kara  ysvog).  Thougfc 
registration  might  in  this  case  also  be  required, 
there  was  no  adoption  properly  so  called,  as  some 
modern  writers  suppose  ;  for  the  next  of  kin  neces- 
sarily belonged  to  the  family  of  the  intestate. 

The  rules  as  to  adoption  among  the  Athenians 
are  not  quite  free  from  difficulty,  and  it  is  not  easy 
to  avoid  all  error  in  stating  them.  The  general 
doctrines  may  be  mainly  deduced  from  the  oration, i 
of  Isaeus,  and  those  of  Demosthenes  against  Macar- 
tatus  and  Leochares. 

ADOPTION  (ROMAN).  The  Roman  3  ela- 
tion of  parent  and  child  arose  either  from  a  lawful 
marriage  or  from  adoption.  Adoptio  was  the  gen- 
eral name  which  comprehended  the  two  species, 
adoptio  and  adrogatio ;  and  as  the  adopted  person 
passed  from  his  own  familia  into  that  of  the  person 
adopting,  adoptio  caused  a  capitis  diminutio,  and  the 
lowest  of  the  three  kinds.  Adoption,  in  its  specific 
sense,  was  the  ceremony  by  which  a  person  who 
was  in  the  power  of  his  parent  (in  potestate  paren- 
tium),  whether  a  child  or  grandchild,  male  or  fe- 
male, was  transferred  to  the  power  of  the  person 
adopting  him.  It  was  effected  under  the  authority 
of  a  magistrate  (magistratus),  the  praetor,  for  in- 
stance, at  Rome,  or  a  governor  (presses)  in  the 
provinces.  The  person  to  be  adopted  was  emanci- 
pated (vid.  Mancipatio)  by  his  natural  father  before 
the  competent  authority,  and  surrendered  to  the 
adoptive  father  by  the  legal  form  called  in  jure 
cessio.3 

When  a  person  was  sui  juris,  i.  e.,  not  in  the 
power  of  his  parent,  the  ceremony  of  adoption  was 
called  adrogatio.  Originally  it  could  only  be  effect- 
ed at  Rome,  and  only  by  a  vote  of  the  populus 
(populi  auctoritate)  in  the  comitia  curiata  (lege  curi- 
ata) ;  the  reason  of  this  being  that  the  caput  or 
status  of  a  Roman  citizen  could  not,  according  to 
the  laws  of  the  Twelve  Tables,  be  affected  except 
by  a  vote  of  the  populus  in  tie  comitia  curiata. 
Clodius,  the  enemy  of  Cicero,  v  as  adrogated  into  a 
plebeian  family  in  order  to  qualify  himself  to  be 
elected  a  tribunus  plebis.*    Females  could  not  be 

1.  (Isaeus,  -Ktpl  tov  ,Azo)\oSu>p.  KXrjpov,  3,  5.) — 2.  (Demosth., 
Trpd?  Aewx;  <"••  6.)— 3.  (A.  Gell.,  v.,  c.  19-  S jet ,  Aug..  c.  64.}— 
4.  (Cic.  ad  Att.,  ii.,  7.—  Id  ,  pro  D<  m.) 


ADQRATIO. 


ADULTERIUM. 


adcDtcd  by  the  adrogatio.  Under  the  emperors  it 
became  the  practice  to  effect  the  adrogatio  by  an 
imperial  rescript  (principis  auctoritate,  ex  rescripto 
principis) ;  but  this  practice  had  not  become  estab- 
lished in  the  time  of  Gaius,  or,  as  it  appears,  of 
Ulpian.1  It  would  seem,  however,  from  a  passage 
in  Tacitus,3  that  Galba  adopted  a  successor  without 
the  ceremony  of  the  adrogatio.  By  a  rescript  of 
the  Emperor  Antoninus  Pius,  addressed  to  the  pon- 
»ifices,  those  who  were  under  age  (impuberes),  or 
wards  (piopilli),  could,  with  certain  restrictions,  be 
adopted  by  the  adrogatio.  If  a  father  who  had 
children  in  his  power  consented  to  be  adopted  by 
another  person,  both  himself  and  his  children  be- 
came in  the  power  of  the  adoptive  father.  All  the 
property  of  the  adopted  son  became  at  once  the 
property  of  the  adoptive  father.3  A  person  could 
not  legally  be  adopted  by  the  adrogatio  till  he  had 
made  out  a  satisfactory  case  (justa,  bona,  causa)  to 
the  pontifices,  who  had  the  right  of  insisting  on 
certain  preliminary  conditions.  This  power  of  the 
pontifices  was  probably  founded  on  their  right  to 
preserve  the  due  observance  of  the  sacra  of  each 
gens.*  It  would,  accordingly,  have  been  a  good 
ground  of  refusing  their  consent  to  an  adrogatio, 
if  the  person  to  be  adopted  was  the  only  male  of 
his  gens,  for  the  sacra  would  in  such  case  be  lost. 
It  was  required  that  the  adoptive  father  also  had  no 
children,  and  no  reasonable  hopes  of  any ;  and,  as 
a  consequence  of  this  condition,  that  he  should  be 
older  than  the  person  to  be  adopted. 

A  woman  could  not  adopt  a  person,  for  even  her 
own  children  were  not  in  her  power. 

Final)  v,  all  adoption  was  effected  by  the  imperial 
rescript. 

The  effect  of  adoption  was  to  create  the  legal  re- 
lation of  father  and  son,  just  as  if  the  adopted  son 
were  born  of  the  blood  of  the  adoptive  father  in 
lawful  marriage.  The  adopted  child  was  entitled 
to  the  name  and  sacra  privata  of  the  adopting 
parent,  and  it  appears  that  the  preservation  of  the 
sacra  privata,  which  by  the  laws  of  the  Twelve 
Tables  were  made  perpetual,  was  frequently  one 
of  the  reasons  for  a  childless  person  adopting  a  son. 
In  case  of  intestacy,  the  adopted  child  might  be  the 
heres  of  his  adoptive  father.  He  became  the  brother 
of  his  adoptive  father's  daughter,  and  therefore 
could  not  marry  her;  but  he  did  not  become  the 
son  of  the  adoptive  father's  wife,  for  adoption  only 
gave  to  the  adopted  son  the  jura  agnationis.5 

The  phrase  of  "  adoption  by  testament"6  seems  to 
be  rather  a  misapplication  of  the  term ;  for,  though 
a  man  or  woman  might  by  testament  name  a  heres, 
and  impose  the  condition  of  the  heres  taking  the 
name  of  the  testator  or  testatrix,  this  so-called 
adoption  could  not  produce  the  effects  of  a  proper 
adoption.  It  could  give  to  the  person  so  said  to  be 
adopted  the  name  or  property  of  the  testator  or  tes- 
tatrix, but  nothing  more.  A  person  on  passing 
from  one  gens  into  another,  and  taking  the  name 
of  his  new  familia,  generally  retained  the  name  of 
'  Ms  old  gens  also,  with  the  addition  to  it  of  the  ter- 
mination anus.  Thus  C.  Octavius,  afterward  the 
Emperor  Augustus,  upon  being  adopted  by  the  tes- 
tament of  his  uncle  the  dictator,  assumed  the  name 
of  Caius  Julius  Caesar  Octavianus ;  but  he  caused 
the  adoption  to  be  confirmed  by  the  curiae.7 

ADORA'TIO  (7rpo<7Kvv7]cnc)  was  paid  to  the  gods 
in  the  following  manner :  The  individual  stretched 
out  his  right  hand  to  the  statue  of  the  god  whom  he 
wished  to  honour,  then  kissed  his  hand  and  waved 
it  to  the  statue.  Hence  we  have  in  Apuleius, 
14  Nulli  Deo  adlmc  supplicavit ;  nullum  templum  fre- 

1.  (Compare  Gaius,  i.,  98,  with  Gaius  as  cited  in  Dig.  1,  tit. 
7,s.2  ;  and  Ulpian,  Frag.,  tit.  8.)— 2.  (Hist.,  i.,  15.)— 3.  (Gaius, 
ii.,  98.) — 4.  (Cic,  pro  Dom.,  13,  seqq.)— 5.  (Gaius,  i.,  97-107  — 
Di?.  1,  tit.  7.— Cicero,  pro  Domo.)— 6.  (Cic,  Brut.,  58.)— 7. 
(Cic,  Off.,  iii.,  18.— Id.  ad  Alt.,  vii.,  8.— Suet ,  Jul.,  83.— Tib., 
2,  .'-.cqq.—Heinecc,  Syntagma.— Dig.  36,  tit   1,  s   63.) 


quentavib ;  si  fanum  aliquod  pnetereat,  nefas  habet 
adorandi  gratia  manum  labris  adviovere^1  The 
adoratio  differed  from  the  oratio  or  prayers,  suppli- 
cations, which  were  offered  with  the  hands  extend 
ed  and  the  palms  turned  upward.2  The  adoration 
paid  to  the  Roman  emperors  was  borrowed  from  the 
eastern  mode  of  adoration,  and  consisted  in  prostra.- 
tion  on  the  ground,  and  kissing  the  feet  and  knees 
of  the  emperor.3 

ADROGA'TIO.     (Vid.  Adoption.) 
ADSCRIPTFVI.     (Vid.  Accensi.) 
ADSTIPULA'TIO.     (Vid.  Stipulatio.) 
ADULTERIUM  properly  signifies,  in  the  Ro- 
man law,  the  offence  committed  by  a  man  having 
sexual  intercourse  with  another  man's  wife.     Stu- 
prum  (called  by  the  Greeks  (pBopu)  signifies  the  like 
offence  with  a  widow  or  virgin.     It  was  the  con- 
dition of  the  female  which  determined  the  legal 
character  of  the  offence ;  there  was,  therefore,  no 
adultery  unless  the  female  was  married. 

In  the  time  of  Augustus  a  lex  was  enacted  (prob- 
ably about  B.C.  17),  entitled  Lex  Julia  de  adulteriis 
coercendis,  the  first  chapter  of  which  repealed  some 
prior  enactments  on  the  same  subject,  with  the  pro- 
visions of  which  prior  enactments  we  are,  however, 
unacquainted.  In  this  law  the  terms  adulterium 
and  stuprum  are  used  indifferently;  but,  strictly 
speaking,  these  two  terms  differed  as  above  stated. 
The  chief  provisions  of  this  law  may  be  collected 
from  the  Digest  and  from  Paulus.* 

It  seems  not  unlikely  that  the  enactments  repeal- 
ed by  the  Julian  law  contained  special  penal  pro- 
visions against  adultery;  and  it  is  also  not  im- 
probable that,  by  the  old  law  or  custom,  if  the 
adulterer  was  caught  in  the  fact,  he  was  at  the 
mercy  of  the  injured  husband,  and  that  the  husband 
might  punish  with  death  his  adulterous  wife.5  It 
seems,  also,  that  originally  the  act  of  adultery 
might  be  prosecuted  by  any  person,  as  being  a  pub- 
lic offence ;  but  under  the  emperors  the  right  of 
prosecution  was  limited  to  the  husband,  father, 
brother,  patruus,  and  avunculus  of  the  adulteress. 

By  the  Julian  law,  if  a  husband  kept  his  wife 
after  an  act  of  adultery  was  known  to  him,  and  let 
the  adulterer  off,  he  was  guilty  of  the  offence  of 
lenocinium.  The  husband  or  father  in  whose  power 
the  adulteress  was,  had  sixty  days  allowed  for  com- 
mencing proceedings  against  the  wife,  after  which 
time  any  other  person  might  prosecute.6  A  woman 
convicted  of  adultery  was  mulcted  in  half  of  her 
dos  and  the  third  part  of  her  property  (bona),  and 
banished  (relegaia)  to  some  miserable  island,  such 
as  Seriphos,  for  instance.  The  adulterer  was 
mulcted  in  half  his  property,  and  banished  in  like 
manner.  This  law  did  not  inflict  the  punishment 
of  death  on  either  party;  and  in  those  instances 
under  the  emperors  in  which  death  was  inflicted,  it 
must  be  considered  as  an  extraordinary  punishment, 
and  beyond  the  provisions  of  the  Julian  law.7  But, 
by  a  constitution  of  Constantine8  (if  it  is  genuine), 
the  offence  in  the  adulterer  was  made  capital.  By 
the  legislation  of  Justinian,9  the  law  of  Constantine 
was  probably  only  confirmed ;  but  the  adulteress 
was  put  into  a  convent,  after  being  first  whipped. 
If  her  husband  did  not  take  her  out  in  two  years, 
she  was  compelled  to  assume  the  habit,  and  to  spend 
the  rest  of  her  life  in  the  convent. 

The  Julian  law  permitted  the  father  (both  adop- 
tive and  natural)  to  kill  the  adulterer  and  adulter- 
ess in  certain  cases,  as  to  which  there  were  several 
nice  distinctions  established  by  the  law.     If  the 


1.  (Apul.,  Apolog.,  p.  496.— Plin.,  II.  N.,  xxviii.,  5.)— 2.  (vn- 
TtdapLara  xcpwi/ :  iEsch.,  Prom  V.,  1004.— Lucret.,  v.,  1199.-— 
Hor.,  Carm.,iii.,  23,  1.)— 3.  v'On  this  whole  subject,  consult 
Brouerius,  de  Adorationibus,  Amst.,  1713.) — 4.  (48,  tit.  5  — 
Sentent.  Recept.,  ii.,  tit.  26,  ed.  Schulting.)— 5.  (Dion.  Hal, 
ii.,  25.— Suet.,  Tib.,  35.)— 6.  (Tacit.,  Ann.,  ii.,  85.) —  7.  (Tacit , 
Ann.,  ii.,  50  ;  iii.,  24-  Lips.,  Excurs.  ad  Tacit.,  Ann  ,  iv.,  42.— 
Noodt,  Op.  Ornn.,  :     2S6,  srqq.)— 8.  (Cod.,ix  ,  30.)— 9    (Njy. 


134,  c.  10.) 


23 


ADUNATOl. 


JEDiLES. 


father  killed  only  one  of  tne  parties,  he  brought 
himself  within  the  penalties  of  the  Cornelian  law 
De  Sicariis.  The  husband  might  kill  persons  of  a 
certaiL  class,  described  in  the  law,  whom  he  caught 
in  the  act  of  adultery  with  his  wife ;  but  he  could 
not  kill  his  wife.  The  husband,  by  the  fifth  chap- 
ter of  the  Julian  law,  could  detain  for  twenty  hours 
the  adulterer  whom  he  had  caught  in  the  fact,  for 
the  purpose  of  calling  in  witnesses  to  prove  the 
adultery.  If  the  wife  was  divorced  for  adultery, 
the  husband  was  entitled  to  retain  part  of  the  dos.1 
Horace2  is  supposed  to  allude  to  this  Julian  law. 

Among  the  Athenians,  if  a  man  caught  another 
man  in  the  act  of  criminal  intercourse  (fioixeia) 
with  his  wife,  he  might  kill  him  with  impunity; 
and  the  law  was  also  the  same  with  respect  to  a 
concubine  (naXXaKr]).  He  might  also  inflict  other 
punishment  on  the  offender.  It  appears  that  among 
the  Athenians  also  there  was  no  adultery,  unless  a 
married  woman  was  concerned.3  But  it  was  no 
adultery  for  a  man  to  have  connexion  with  a  mar- 
ried woman  who  prostituted  herself,  or  who  was 
engaged  in  selling  anything  in  the  agora.4  The 
Roman  law  appears  to  have  been  pretty  nearly  the 
same.5  The  husband  might,  if  he  pleased,  take  a 
sum  of  money  from  the  adulterer  by  way  of  com- 
pensation, and  detain  him  till  he  found  sureties  for 
the  payment.  If  the  alleged  adulterer  had  been  un- 
justly  detained,  he  might  bring  an  action  against 
the  husband ;  and  if  he  gained  his  cause,  he  and 
his  sureties  were  released.  If  he  failed,  the  law 
required  the  sureties  to  deliver  up  the  adulterer  to 
the  husband  before  the  court,  to  do  what  he  pleased 
with  him,  except  that  he  was  not  to  use  a  knife  or 
dagger.6 

The  husband  might  also  prosecute  the  adulterer 
in  the  action  called  fioixelac  ypafyrj.  If  the  act  of 
adultery  was  proved,  the  husband  could  no  longer 
cohabit  with  his  wife  under  pain  of  losing  his  priv- 
ileges of  a  citizen  (arifiia).  The  adulteress  was 
excluded  even  from  those  temples  which  foreign 
women  and  slaves  were  allowed  to  enter;  and  if 
'he  was  seen  there,  any  one  might  treat  her  as  he 
pleased,  provided  he  did  not  kill  her  or  mutilate 
her.7 

ADVERSA'RIA,  note-book,  memorandum-book, 
posting-book,  in  which  the  Romans  entered  memo- 
randa of  any  importance,  especially  of  money  re- 
ceived and  expended,  which  were  afterward  tran- 
scribed, usually  every  month,  into  a  kind  of  leger. 
(Tabula  justce,  codex  accepti  et  expensi.)  Cicero  de- 
scribes the  difference  between  the  adversaria  and 
tabula?  in  his  Oratio  pro  Rose.  Com.,  c.  3 :  Quid  est, 
quod  negligenter  scribamus  adversaria  ?  quid  est,  quod 
diligenter  conjlciamus  tabulas  ?  qua  de  causa  ?  Quia 
Jicec  sunt  menstrua,  illce  sunt  ceternoz;  Kcec  delentur 
statim,  illce  servantur  sancte,  &c. 

ADVERSA'RIUS.    (Fid.  Actor.) 

ADU'NATOI  (aSvvaroi),  were  persons  supported 
by  the  Athenian  state,  who,  on  account  of  infirmity 
or  bodily  defects,  were  unable  to  obtain  a  livelihood. 
The  sum  which  they  received  from  the  state  ap- 
pears to  have  varied  at  different  times.  In  the  time 
of  Lysias8  and  Aristotle,9  one  obolus  a  day  was 
given;  but  it  appears  to  have  been  afterward  in- 
creased to  two  oboli.  The  bounty  was  restricted  to 
persons  whose  property  was  under  three  minas ;  and 
the  examination  of  those  who  were  entitled  to  it  be- 
longed to  the  senate  of  the  Five  Hundred.10  Pisis- 
tratus  is  said  to  have  been  the  first  to  introduce  a 
law  for  the  maintenance  of  those  persons  who  had 
been  mutilated  in  war.11 

1.  (Ulpian,  Fr.,  vi.,  12.)— 2.  (Carm.,iv.,  v.  21.)— 3.  (Lysias, 
vtrtft  tou  'EiarotjOivovs  <j)6vov.) — 4.  (Demosth.,  kutu  Nea/paj, 
f„  18.) — 5.  (Pnulus,  Sent.  Recept.,  vi.,  tit.  26.) — 6.  (Demosth., 
Kara  Nsaip.,  18.) — 7.  (Demosth.,  Kara  Nsat'p.,  c.  22. — JEschin., 
kuto.  Tiiidpx-i  <  36.) — 8.  (vttfd  tov  'AcWarou,  c.  iv.,  p.  749.) — 
9.  (Harpocrat.,  Afivvaroi.) — 10.  (iEschin.,  /caru  Ti/i«'p%ot>,  c. 
21.) — 11.  (Plat.,  Solon.,  c.  31.— Lysias,  virep  rov  ' ASvvdrov,  a 
•peech  written  for  an  individual,  in  order  to  prove  t'*"  v«  *"*>" 

24 


ADVOCA'TUS  seems  originally  to  have  sirni 
fied  any  person  who  gave  another  his  aid  in  airf  af- 
fair or  business,  as  a  witness,  for  instance  •/  or  for 
the  purpose  of  aiding  and  protecting  him  in  taking 
possession  of  a  piece  of  property.2  It  was  also  used 
to  express  a  person  who  in  any  way  gave  his  advice 
and  aid  to  another  in  the  management  of  a  cause ; 
but  the  word  did  not  signify  the  orator  or  patroixu* 
who  made  the  speech,3  in  the  time  of  Cicero.  Un- 
der the  emperors,  it  signified  a  person  who  in  any 
way  assisted  in  the  conduct  of  a  cause,*  and  was 
sometimes  equivalent  to  orator.5  The  advocate's 
fee  was  then  called  honorarium.  (Vid.  Orator, 
Patronus,  Cincia  Lex.) 

The  advocatus  is  defined  by  Ulpian6  to  be  any 
person  who  aids  another  in  the  conduct  of  a  suit  or 
action. 

The  advocatus  fisci  was  an  important  officer  es 
tablished  by  Hadrianus.7    It  war  his  business  to 
look  after  the  interests  of  the  fiscus  v *■  the  imperial 
treasury,  and,  among  other  things,  to    maintain  its 
title  to  bona  caduca* 

AD'YTUM.     (Vid.  Temple.) 

^EA'CIA.    (Vid.  AIAKEIA.) 

MBWTIA  LEX.     (Fid.  Actio.) 

^EDES.     (Fid.  House;  Temple.) 

JEDFLES.  The  name  of  these  functionaries)  is 
said  to  be  derived  from  their  having  the  care  of  the 
temple  (adesj  of  Ceres.  The  asdiles  were  originally 
two  in  number:  they  were  elected  from  the  plel;es, 
and  the  institution  of  the  office  dates  from  the  same 
time  as  that  of  the  tribuni  plebis,  B.C.  494.  Taeir 
duties  at  first  seem  to  have  been  merely  ministe- 
rial; they  were  the  assistants  of  the  tribunes  in 
such  matters  as  the  tribunes  intrusted  to  them, 
among  which  are  enumerated  the  hearing  of  causes 
of  smaller  importance.  At  an  early  period  after 
their  institution  (B.C.  446),  we  find  them  appointed 
the  keepers  of  the  senatus  consulta,  which  the  con- 
suls had  hitherto  arbitrarily  suppressed  or  altered.* 
They  were  also  the  keepers  of  the  plebiscita.  Oth- 
er functions  were  gradually  intrusted  tc  them,  and 
it  is  not  always  easy  to  distinguish  their  duties  from 
some  of  those  which,  belong  to  the  censors.  The? 
had  the  general  superintendence  of  buildings,  both 
sacred  and  private :  under  this  power  they  provided 
for  the  support  and  repair  of  temples,  curiae,  &c. 
and  took  care  that  private  buildings  which  were  in 
a  ruinous  state  were  repaired  by  the  owners  or  pull- 
ed down.  The  superintendence  over  the  supply  and 
distribution  of  water  at  Rome  was,  at  an  early  pe- 
riod, a  matter  of  public  administration.  According 
to  Frontinus,  this  was  the  duty  of  the  censors ;  bul 
when  there  were  no  censors,  it  was  within  the  prov- 
ince of  the  asdiles.  The  care  of  each  particulai 
source  or  supply  was  farmed  to  undertakers  (re- 
demptores),  and  all  that  they  did  was  subject  to  the 
approbation  of  the  censors  or  the  asdiles.10  The 
care  of  the,  streets  and  pavements,  with  the  clean- 
sing and  draining  of  the  citv,  belonged  to  the  asdiles; 
and,  of  course,  the  care  of  the  cloacae.  They  had 
the  office  of  distributing  corn  among  the  plebes; 
but  this  distribution  of  corn  at  Rome  must  not  be 
confounded  with  the  duty  of  purchasing  or  procuring 
it  from  foreign  parts,  which  was  performed  by  the 
consuls,  quaestors,  and  praetors,  and  sometimes  by 
an  extra ordinarv  magistrate,  as  the  praefectus  ari- 
nonae.  The  asdiles  had  to  see  that  the  public  lands 
were  not  improperly  used,  and  that  the  pasture- 
grounds  of  the  state  were  not  trespassed  on ;  and 
they  had  power  to  punish  by  fine  any  unlawful  acl 
in  this  respect.     They  had  a  general  superintend- 


entitled  to  be  supported  by  the  state.— Petit.,  Le£.  Att.,  viii.,  tit 
3,  s.  5.— Bockh,  Public  Econ.  of  Athens,  i.,  p.  323-327,  transl  ; 
1.  (Varro,  de  Re  Rust.,  ii.,  c.  5.)— 2.  (Cic,  pro  Ca;cin.4  c.  8.? 
—3.  (Cic,  de  Orat.,  ii.,  74.)— 4.  (Disr.  50,  tit.  13,  s.  1  )— 5.  (Ta 
cit.,  Ann.,  x.,  6.)— 6.  {Dig.  50,  tit  13.)— 7.  (Spait.,  Vit.  Had., 
c.  60.)— 8.  (Dig.  28,  tit.  1,  s  3  )— 9.  (Liv  i<  ,  55.)— 10.  D< 
Vquaeduct.  Rom.,  lib.  ii.) 


iEDILES. 


^EDILES. 


Slice  over  buying  and  selling,  and,  as  a  conse- 
quence, tne  supervision,  of  the  markets,  of  things 
exposed  to  sale,  such  as  slaves,  and  of  weights  and 
measures :  from,  this  part  of  their  duty  is  derived 
the  name  under  which  the  sediles  are  mentioned  by 
the  Greek  writers  (ayopavofiot).  It  was  their  bu- 
siness to  see  that  no  new  deities  or  religious  rites 
were  introduced  into  the  city,  to  look  after  the  ob- 
servance of  religious  ceremonies,  and  the  celebra- 
tions of  the  ancient  feasts  and  festivals.  The  gen- 
eral superintendence  of  police  comprehended  the 
iuty  of  preserving  order,  regard  to  decency,  and 
the  inspection  of  the  baths  and  houses  of  entertain- 
ment, of  brothels,  and  *?  prostitutes,  who,  it  appears, 
were  registered  by  the  sediles.  The  sediles  had  va- 
rious officers  under  them,  as  prsecones,  scribal,  and 
viatores. 

The  tEdiles  Curcjles,  who  were  also  two  in 
number,  were  originally  chosen  only  from  the  pa- 
tricians, afterward  alternately  from  the  patricians 
and  the  plebes,  and  at  last  indifferently  from  both.1 
The  office  of  curule  sediles  was  instituted  B.C.  365, 
and,  according  to  Livy,  on  the  occasion  of  the  ple- 
beian sediles  refusing  to  consent  to  celebrate  the 
ludi  maximi  for  the  space  of  four  days  instead  of 
three ;  upon  which  a  senatus  consultum  was  pass- 
ed, by  which  two  sediles  were  to  be  chosen  from 
the  patricians.  From  this  time  four  sediles,  two 
plebeian  and  two  curule,  were  annually  elected.2 
The  distinctive  honours  of  the  sediles  curules  were, 
the  sella  curulis,  from  whence  their  title  is  derived, 
the  toga  praetexta,  precedence  in  speaking  in  the 
senate,  and  the  jus  imaginis.3  The  sediles  curules 
only  had  the  jus  edicendi,  or  the  right  of  promulga- 
ting edicta;4  but  the  rules  comprised  in  their  edicta 
served  for  the  guidance  of  all  the  sediles.  The 
edicta  of  the  curule  sediles  were  founded  on  their 
authority  as  superintendents  of  the  markets,  and  of 
buying  and  selling  in  general.  Accordingly,  their 
edicts  had  mainly,  or  perhaps  solely,  reference  to 
the  rules  as  to  buying  and  selling,  and  contracts  for 
bargain  and  sale/  They  were  the  foundation  of  the 
actiones  aediiiciee,  among  which  are  included  the 
actio  redhibit&ria  and  quanti  minoris.5  A  great  part 
of  the  provisions  of  the  sediles'  edict  relate  to  the 
buying  and  celling  of  slaves.  The  persons  both  of 
the  plebeian  and  curule  sediles  were  sacrosancti.6 

It  seems  that,  after  the  appointment  of  the  curule 
sediles,  the  functions  formerly  exercised  by  the  ple- 
beian sediles  were  exercised,  with  some  few  excep- 
tions, by  all  the  sediles  indifferently.  Within  five 
days  after  being  elected  or  entering  on  office,  they 
were  required  to  determine  by  lot,  or  by  agreement 
among  themselves,  what  parts  of  the  city  each 
should  take  under  his  superintendence;  and  each 
aedile  alone  had  the  care  of  looking  after  the  paving 
and  cleansing  of  the  streets,  and  other  matters,  it 
may  be  presumed,  of  the  same  local  character  with- 
in his  district.  The  other  duties  of  the  office  seem 
to  have  been  exercised  by  them  jointly. 

In  the  superintendence  of  the  public  festivals  and 
solemnities,  there  was  a  farther  distinction  between 
the  two  sets  of  sediles.  Many  of  these  festivals, 
such  as  those  of  Flora7  and  Ceres,  were  superin- 
tended by  either  set  of  sediles  indifferently ;  but  the 
plebeian  games  were  under  the  superintendence  of 
the  plebeian  sediles,  who  had  an  allowance  of  mon- 
ey for  that  purpose;  and  the  fines  levied  on  the 
pecuarii  and  others,  seem  to  have  been  appropria- 
ted to  these  among  other  public  purposes.8  The 
celebration  of  the  ludi  magni  or  llomani,  of  the 
ludi  scenici  or  dramatic  representations,  and  the 
ludi  Megalesii,  belonged  especially  to  the  curule 
aedhes,  and  it  was  on  such  occasions  tl  at  they 

1.  (Liv.,  vii.,  1.)—  2.  (Liv.,  vi.,  42.)— 3.  (Cic,  2  Veir.,  v.,  14.) 
-4.  (Gaius,  i.,  6.)— 5.  (Di?.  21,  tit.  1,  De  ^dilicio  Edicto.— 
A.  Gell.,  iv.,  2.)— 6.  (Liv.,  iii ,  55.)— 7.  (Cic,  2  Verr.,  v.,  14.— 
Ovid.,  Fast.,  278,  seqq.)—  8.  (Liv,  x.,  23;  xxvii.,  6—  Ovid, 
Fast.,  278,  seqq.) 

D 


often  incurred  a  prodigious,  expense,  with  the  view 
of  pleasing  the  people  and  securing  their  vote*  ic 
future  elections.  Tnis  extravagant  expenditure  of 
the  sediles  arose  after  the  close  of  the  second  Punic 
war,  and  increased  with  the  opportunities  which 
individuals  had  of  enriching  themselves  after  the 
Roman  arms  were  carried  into  Greece,  Africa,  and 
Spain.  Even  the  prodigality  of  the  emperors  hard- 
ly surpassed  that  of  individual  curule  sediles  undei 
the  Republic ;  such  as  C.  J.  Caesar  the  dictator,  P. 
C.  Lentulus  Spinther,  and,  above  all,  M.  iEmilius 
Scaurus,  whose  expenditure  was  not  limited  to  bare 
show,  but  comprehended  objects  of  public  utility, 
as  the  reparation  of  walls,  dockyards,  ports,  and 
aqueducts.1  An  instance  is  mentioned  by  Dion 
Cassius2  of  the  ludi  Megalesii  being  superintended 
by  the  plebeian  sediles ;  but  it  was  done  pursuant  to 
a  senatus  consultum,  and  thus  the  particular  excep- 
tion confirms  the  general  rule. 

In  B.C.  45,  J.  Csesar  caused  two  curule  sediles 
and  four  plebeian  sediles  to  be  elected ;  and  thence- 
forward, at  least  so  long  as  the  office  of  sedile  was 
of  any  importance,  six  sediles  were  annually  elect- 
ed. The  two  new  plebeian  sediles  were  called  Ce- 
reales,  and  their  duty  was  to  look  after  the  supply 
of  corn.  Though  their  office  may  not  have  been 
of  any  great  importance  after  the  institution  of  a 
prsefectus  annonse  by  Augustus,  there  is  no  doubt 
that  it  existed  for  several  centuries,  and  at  least  as 
late  as  the  time  of  Gordian. 

The  sediles  belonged  to  the  class  of  the  minores 
magistratus.  The  plebeian  sediles  were  originally 
chosen  at  the  comitia  centuriata,  but  afterward  at 
the  comitia  tributa,3  in  which  comitia  the  curule 
sediles  also  were  chosen.  It  appears  that,  until  the 
lex  annalis  was  passed,  a  Roman  citizen  might  be 
a  candidate  for  any  office  after  completing  hi^ 
twenty-seventh  year.  This  lex  annalis,  which  was 
passed  at  the  instance  of  the  tribune  L.  V.  Tappu- 
lus,  B.C.  180,  fixed  the  age  at  which  each  office 
might  be  enjoyed.*  The  passage  of  Livy  does  not 
mention  what  were  the  ages  fixed  by  this  law ;  but 
it  is  collected,  from  various  passages  of  Roman 
writers,  that  the  age  fixed  for  the  aedileship  was 
thirty-six.  This,  at  least,  was  the  age  at  which  Z, 
man  could  be  a  candidate  for  the  curule  sedileship, 
and  it  does  not  appear  that  there  was  a  different 
rule  for  the  plebeian  sedileship. 

The  sediles  existed  under  the  emperors ;  but  their 
powers  were  gradually  diminished,  and  their  func- 
tions exercised  by  new  officers  created  by  the  em- 
perors. After  the  battle  of  Actium,  Augustus  ap- 
pointed a  prsefectus  urbis,  who  exercised  the  gen- 
eral police,  which  had  formerly  been  one  of  the  du- 
ties of  the  sediles.  Augustus  also  took  from  the 
sediles,  or  exercised  himself,  the  office  of  superin- 
tending the  religious  rites,  and  the  banishing  from 
the  city  of  all  foreign  ceremonials ;  he  also  assumed 
the  superintendence  of  the  temples,  and  thus  may 
be  said  to  have  destroyed  the  sedileship  by  depri- 
ving it  of  its  old  and  original  functions.  This  will 
serve  to  explain  the  curious  fact  mentioned  by  Dion 
Cassius,4  that  no  one  was  willing  to  hold  so  con- 
temptible an  office,  and  Augustus  was  tnerefore  re- 
duced to  the  necessity  of  compelling  persons  to  take 
it:  persons  were  accordingly  chosen  by  lot,  out  of 
those  who  had  served  the  office  of  quseslor  and 
tribune ;  and  this  was  done  more  than  once.  The 
last  recorded  instance  of  the  splendours  of  the 
sedileship  is  the  administration  of  Agrippa,  whe 
volunteered  to  take  the  office,  and  repaired  all  the 
public  buildings  and  all  the  roads  at  his  own  ex- 
pense, without  drawing  anything  f:om  the  treasu- 
ry.6 The  sedileship  had,  however,  lost  its  true 
character  before  this  time.    Agrippa  had  aLeadv 


1.  (Cic,  Off.,  ii.,  17.— Plin.,  H.  N.,  xxxin.,  3  ;  xxxvi.,  15.'- 
2.  (xliii.,  48.)— 3.  (Dion.  Hal.,  vi.,  90;  ix.,  43,  49.— Liv.,  ii , 
56,  seq.)— 4.  (Liv.,  xl.,  44.)— 5.  (Iv.,  r.  24.)— 6.  (Dion.  Cas 
xlix.,  43.— Plin.,  F  N..  xxxvi.,  15.) 

2ft 


iEGIS. 


jEGIS. 


beet  consul  before  he  accepted  the  office  of  aedile, 
and  iris  munificent  expenditure  in  this  nominal  of- 
fice was  the  close  of  the  splendour  c  f  the  aedileship. 
Augustus  appointed  the  curule  aediles  specially  to 
the  office  of  putting  out  fires,  and  placed  a  body  of 
600  slaves  at  their  command ;  but  the  praefecti  vigi- 
lum  a/terward  performed  this  duty.  In  like  man- 
ner, the  curatores  viarum  were  appointed  by  him  to 
superintend  the  roads  near  the  city,  and  the  quatu- 
©rviri  to  superintend  those  within  Rome.  The  cu- 
ratores operum  publicorum  and  the  curatores  alvei  Ti- 
beris,  also  appointed  by  Augustus,  stripped  the  aedi- 
ies  of  the  remaining  few  duties  that  might  be  called 
honourable.  They  lost  also  the  superintendence  of 
wells  or  springs,  and  of  the  aqueducts.1  They  re- 
tained, under  the  early  emperors,  a  kind  of  police, 
for  the  purpose  of  repressing  open  licentiousness 
and  disorder:  thus  the  baths,  eating-houses,  and 
brothels  were  still  subject  to  their  inspection,  and 
the  registration  of  prostitutes  was  still  within  their 
duties.2  We  read  of  the  aediles  under  Augustus 
making  search  after  libellous  books,  in  order  that 
they  might  be  burned. 

The  colonise,  and  the  municipia  of  the  later  pe- 
riod, had  also  their  aediles,  whose  numbers  and 
functions  varied  in  different  places.  They  seem, 
however,  as  to  their  powers  and  duties,  to  havr  re- 
sembled the  sediles  of  Rome.  They  were  chosen 
annually.3 

The  history,  powers,  and  duties  of  the  sediles  are 
stated  with  great  minuteness  and  accuracy  by  Schu- 
bert, De  Romanorum  JEdilibus,  lib.  iv.,  Regimontii, 
1828. 

.ZEDIT'UI,  jEDITTTML  MDVT'lMl  (called by 
the  Greeks  vecoKopoi,  ^duopoi.,  and  vno&KopoL*),  were 
pei  sons  who  took  care  of  the  temples,  attended  to 
the  cleaning  of  them,  &c.5  They  appear  to  have 
lived  in  the  temples,  or  near  them,  and  to  have  act- 
ed as  ciceroni  to  those  person?  who  wished  to  see 
<,hem.6  In  ancient  times,  the.  ar>ditui  were  citizens, 
but  under  the  emperors  freed  men.7 

*AE'DON  ('A ///tow),  wi1h<ii:c  doubt  the  Mot acilla 
Duscinia,  L.,  and.  Svtrio,  J/uscinia.  (Latham),  or  the 
Nightingale.  We  sometimes  read  adovic,  or  arjtioviq 
in  Doric.  The  nightingale  is  also  called  §ikopr{ka 
and  Tcpoicvr]  by  the  poets.  That  it  is  the  male  bird 
only  which  sings,  was  well  understood  by  the  an- 
cients.8 Virgil,  however,  has  on  one  occasion  given 
the  power  of  song  to  the  female  bird.9  From  some 
papers  in  the  Classical  Journal,  it  would  appear 
that  the  nightingale  sings  by  day  as  well  as  by 
night.10 

^EGIS  is  a  Greek  word  (alyic,  -idoc),  signifying, 
literally,  a  goatskin,  and  formed  on  the  same  anal- 
ogy with  ve6pig,  a  fawnskin.11 

According  to  ancient  mythology,  the  aegis  worn 
by  Jupiter  was  the  hide  of  the  goat  Amalthea,  which 
had  suckled  him  in  his  infancy.  Hyginus  relates12 
that,  when  he  was  preparing  to  resist  the  Titans,  he 
was  directed,  if  he  wished  to  conquer,  to  wear  a 
goatskin  with  the  head  of  the  Gorgon.  To  this 
particular  goatskin  the  term  aegis  was  afterward 
confined.  Homer  always  represents  it  as  part  of 
the  armour  of  Jupiter,  whom,  on  this  account,  he 
distinguishes  by  the  epithet  czgis-bearing  (alyioxog). 
He,  however,  asserts  that  it  was  borrowed  on  differ- 
ent occasions  both  by  Apollo13  and  by  Minerva.14 

The  skins  of  various  quadrupeds  having  been 
used  by  the  most  ancient  inhabitants  of  Greece  for 
clothing  and  defence,  we  cannot  wonder  that  the 

1.  (Frontinus,  ii.)— 2.  (Tacit.,  Ann.,  ii.,  85.)— 3.  (De  JEdil. 
Co',.,  &c,  Otto.,  Lips.,  1732.)— 4.  (Herod.,  vi.,  134.)-5.  (Liv., 
*xx.,  17  — Gell.,  xii.,  10.— Suet.,  Dom.,  1.— Varro,  De  Lin?. 
Lat.,  vi.,  2.)-6.  (Plin.,  H.  N.,  xxxvi.,  4,  ()  10.— Cic,  2  Verr., 
iv  44._Schol.  in  Hor.,  Ep.  11,  i.,  230.)— 7.  (Serv.  in  Virg., 
JEn.,  ix.,  648.)— 8.  \Eustath.  in  II.,  iii.,  150,  p.  395.)— 9.  (Georg., 
iv.,  511,  seqq.)— 10.  (vol.  xxvii.,  p.  92  ;  xxvm.,  p.  184,  343  ; 
xxix.,  p!  255  ;  xxx.,  p.  180,  341.)— 11.  (Vid.  Herod  ,  iv.,  189.)- 
12.  (Astron.  Poet.,  13.)— 13.  (II.,  xv.,  229,  307-318,  360  ;  xxiv., 
40. V— 14.  (II.,  ii.,  447-449  ;  xviii.,  204  ;  xxi.,  400  ) 
2f> 


goatskin  was  pnployed  in  the  same  maimer  ;•  and 
the  particular  application  of  it  which  we  have  now 
to  consider  will  be  understood  from  the  fact  that  the 
shields  of  the  ancient  Greeks  were  in  part  support, 
ed  by  a  belt  or  strap  (re?ia/j.6v,  balteus)  passing  over 
the  right  shoulder,  and,  when  not  elevated  with  the 
shield,  descending  transversely  to  the  left  hip.  la 
order  that  a  goatskin  might  serve  this  purpose,  twc 
of  its  legs  would  probably  be  tied  over  the  righl 
shoulder  of  the  wearer,  the  other  extremity  being 
fastened  to  the  inside  of  the  shield.  In  combat,  the 
left  arm  would  be  passed  under  the  hide,  and  would 
raise  it  together  with  the  shield,  as  is  shown  in  a 
marble  statue  of  Minerva,  preserved  in  the  museum 
at  Naples,  which,  from  its  style  of  art,  may  be  reck- 
oned among  the  most  ancient  in  :,iistence. 


Other  statues  of  Minerva,  also  of  very  high  anti- 
quity, and  derived,  no  doubt,  from  some  still  more 
ancient  type,  represent  her  in  a  state  of  repose,  and 
with  the  goatskin  falling  obliquely  from  its  loose 
fastening  over  her  right  shoulder,  so  as  to  pass 
round  the  body  under  the  left  arm.  The  annexed 
figure  is  taken  from  a  colossal  statue  of  Minerva  at 
Dresden.  The  softness  and  flexibility  of  the  goat- 
skin are  here  expressed  by  the  folds  produced  in.  it 
by  the  girdle  with  which  it  is  encircled. 


Another  mode  of  wearing  this  garment,  also  iu 
peaceful  expression,  is  seen  in  a  statue  of  Minerva 
at  Dresden,  of  still  higher  antiquity  than  that  last 
referred  to,  and  in  the  very  ancient  image  of  the 
same  goddess  from  the  Temple  of  Jupiter  at  Mgi- 
na.    In  both  of  these  the  aegis  covers  the  right  as 


JEG1S. 

«vrell  as  the  left  shoulder,  the  breast,  and  the  back, 
falling  behind  so  as  almost  to  reach  the  feet. 
Schorn*  considers  this  as  the  original  form  of  the 
aegis. 

By  a  figure  of  speech,  Homer  uses  the  term  aegis 
to  denote  not  only  the  goatskin,  which  it  properly 
signified,  but,  together  with  it,  the  shield  to  which  it 
belonged.  By  thus  understanding  the  word,  it  is 
easy  *o  comprehend  both  why  Minerva  is  said  to 
throw  her  father's  aegis  around  her  shoulders,2  and 
why,  on  one  occasion,  Apollo  is  said  to  hold  it  in 
Lis  hand,  and  to  shake  it  so  as  to  terrify  and  con- 
found the  Greeks,3  and  on  another  occasion  to  cover 
with  it  the  dead  body  of  Hector,  in  order  to  protect 
it  from  insult.*  In  these  passages  we  must  suppose 
the  aegis  to  mean  the  shield,  together  with  the  large 
expanded  skin  or  belt  by  which  it  was  suspended 
from  the  right  shoulder. 

As  the  Greeks  prided  themselves  greatly  on  the 
rich  and  splendid  ornaments  of  their  shields,  they 
supposed  the  aegis  to  be  adorned  in  a  style  corre- 
sponding to  the  might  and  majesty  of  the  father  of 
the  gods.  In  the  middle  of  it  was  fixed  the  appal- 
ling Gorgon's  head.5  and  its  border  was  surrounded 
with  golden  tassels  (dvaavoi),  each  of  which  was 
worth  a  hecatomb.6  In  the  figures  above  exhibited, 
the  serpents  of  the  Gorgon's  head  are  transferred  to 
the  border  of  the  skin. 

By  the  later  poets  and  artists,  the  original  concep- 
tion of  the  aegis  appears  to  have  been  forgotten  or 
disregarded.  They  represent  it  as  a  breastplate 
covered  with  metal  in  the  form  of  scales,  not  used 
to  support  the  shield,  but  extending  equally  on  both 
sides  from  shoulder  to  shoulder,  as  in  the  annexed 
figure,  tak«?ii  from  a  statue  at  Florence. 


JEIAA  SEINTIA  LEX. 

part  cf  his  left  arm.  The  shield  is  p.aced  ondet- 
neath  it,  at  his  feet.  In  his  right  hand  he  hc.ds  '.\\& 
thunderbolt. 


With  this  appearance  the  descriptions  of  the 
cgis  by  the  Latin  poets  generally  correspond.7 

It  is  remarkable  that,  although  the  aegis  properly 
belonged  to  Jupiter,  and  was  only  borrowed  from 
aim  by  his  daughter,  and  although  she  is  common- 
ly exhibited  either  with  the  aegis  itself,  or  with  some 
emblem  of  it,  yet  we  seldom  find  it  as  an  attribute 
of  Jupiter  in  works  of  art.  There  is,  however,  in 
the  museum  at  Leyden  a  marble  statue  of  Jupiter, 
found  at  Utica,  in  which  the  aegis  hangs  over  his 
left  shoulder.  It  has  the  Gorgon's  head,  serpents 
on  the  border,  and  a  hole  for  the  left  arm  to  pass 
through.  The  annexed  figure  is  taken  from  a  cameo 
engraved  by  Nisus,  a  Greek  artist.  Jupiter  is  here 
represented  with  the  aegis  wrapped  round  the  fore 


1.  'vB8tti?er,  Amalthea,  ii.,  215.)— 2.  (II.,  v.,  738;  xviii., 
204.)— 3.  (II.,  xv.,  229,  307,  seqq.)— 4.  (xxiv.,  20.)— 5.  (II.,  v., 
741.)— 6.  (II.,  ii.,  446,  seqq.)— 7.  (Virg  ,  JEn.,  viii.,  435,  seqq.— 
Vil.  Place,  vi.,  174.-  %id.  Apollinaris,  Carm.,  xv  —  Sil.  Ital., 
Lr    4-12.) 


The  Roman  emperors  also  assumed  the  aegis,  in- 
tending thereby  to  exhibit  themselves  in  the  char- 
acter of  Jupiter.  Of  this  the  armed  statue  of  Ha- 
drian in  the  British  Museum  presents  an  example. 
In  these  cases  the  more  recent  Roman  conception 
of  the  aegis  is  of  course  followed,  coinciding  with 
the  remark  of  Servius,1  that  this  breast-armour  was 
called  aegis  when  worn  by  a  god ;  lorica,  when  worn 
by  a  man. 

Hence  Martial,  in  an  epigram  on  the  breastplate 
of  Domitian,  says, 

"  Dum  vacat  hcec,  Casar,  potent  lorica  vocari . 
Pectore  cum  sacro  scderit,  cegis  erit.'n 

In  these  lines  he  in  fact  addresses  the  emperor  as 
a  divinity. 

♦iEGYPTIL'LA,  a  name  common  to  several 
species  of  agate.  It  was,  perhaps,  the  ancient  de- 
nomination of  what  is  still  called  Egyptian  pebble ; 
a  striped  jasper;  the  quartz  agate  onyx  of  Haiiy.3 

*AEIZO'ON  (aeifaov ),  a  plant,  of  which  Dioscori- 
des*  describes  three  species  :  the  first,  or  d.  to  uiya, 
being  the  Sempcrvivum  arboreum,  according  to  Sib- 
thorp  and  Sprengel ;  the  second,  or  d.  to  [wepov,  the 
Sedum  rupestre  or  reflexum  (Rock  or  Yellow  Stone- 
crop)  ;  and  the  third,  the  Sedum  stellatum,  according 
to  Columna  and  Sprengel.  The  aei&ov  of  Theo- 
phrastus5  is  the  same  as  the  first  species  of  Dios- 
corides,  the  characters  of  which,  notwithstanding  the 
high  authority  of  Sibthorp  and.  Sprengel,  who  are 
of  a  different  opinion,  Dr.  Adams  thinks  he  is  justi- 
fied in  identifying  with  those  of  the  Sempervivum 
tectorwm,  or  Houseleek.6 

AEFSITOI.     (Vid,  Prytaneion.) 

.E'LIA  SEN'TIA  LEX.  This  law,  which  was 
passed  in  the  time  of  Augustus  (about  A.D.  3),  con- 
tained various  provisions.  By  one  clause  it  was 
provided  that  manumitted  slaves,  who,  during  their 
servitude,  had  undergone  certain  punishments  foi 
offences,  should  not  become  either  Roman  citizens 
or  Latini,  but  should  belong  to  the  class  of  peregri- 
ni  dediticii.  (Vid.  Dediticii.)  The  law  also  con- 
tained various  provisions  as  to  the  manumission  of 
slaves,  and  as  to  the  mode  in  which  a  manumitted 
slave,  who  had  only  obtained  the  privileges  of  a 
Latinus,  might  become  a  Roman  citizen.  The  law 
also  made  void  all  manumission  of  slaves  effected 
for  the  purpose  of  defrauding  a  creditor  or  a  patron, 
whether  such  manumission  was  effected  in  the  life- 

1.  (JEn.,  viii.,  435.)— 2.  (vii.,  1.)— 3.  (Moore's  Anc.  Mineral* 
(r,  P    181.— PJin.,  xxxvii.,  10.)— A    Civ     88.)- -5.  (H.  P,  •& 
p.) — 6.  (Adams,  Append.,  s.  v.) 

27 


^RARII. 


JERUGO. 


time  of  the  master,  or  by  his  testament.  It  prescri- 
bed certain  formalities  to  be  observed  in  the  case  of 
manumission  when  the  owner  of  the  slave  (da-minus) 
was  under  twenty ;  the  effect  of  which  was,  that 
though  a  person  of  the  age  cf  fourteen  could  make 
a  will,  he  could  not  by  will  give  a  slave  his  free- 
dom.1 

jENEATO'RES  (ahenatores*)  were  those  who 
blew  upon  wind  instruments  in  the  Roman  army; 
namely,  the  buccinator  es,  cornicines,  and  tubicines.3 
JEueatcres  were  also  employed  in  the  public 
games.4  A  collegium  aneatorum  is  mentioned  in 
inscriptions.5 

jEOLIP'YLJE  (aiokov  nvXai)  were,  according 
to  the  description  of  Vitruvius,6  hollow  vessels, 
made  of  brass,  which  were  used  in  explaining  the 
origin,  &c.,  of  the  winds.  These  vessels,  which 
had  a  very  small  orifice,  were  filled  with  water  and 
placed  on  the  fire,  by  which,  of  course,  steam  was 

'  JE'OCTTAS.    (Vid.  Jus.) 

iERA,  a  point  of  time  from  which  subsequent  or 
preceding  years  may  be  counted.  The  Greeks  had 
no  common  sera  till  a  comparatively  late  period. 
The  Athenians  reckoned  their  years  by  the  name 
of  the  chief  archon  of  each  year,  whence  he  was 
called  upx^v  enuvvuoc ;  the  Lacedaemonians  by  one 
of  the  ephors  ;  and  the  Argives  by  the  chief  priest- 
ess of  Juno,  who  held  her  office  for  life.7  The  fol- 
lowing seras  were  adopted  in  later  times  :  1.  The 
sera  of  the  Trojan  war,  B.C.  1184,  which  was  first 
made  use  of  by  Eratosthenes.  2.  The  Olympiac 
asra,  which  began  B.C.  776,  and  was  first  made  use 
of  by  Timaeus  of  Sicily,  and.  was  adopted  by  Polyb- 
ius,  Diodorus,  Dionysius  of  Halicarnassus,  and  Pau- 
sanias.  (Vid.  Olympiad.)  3.  The  Philippic  or  Alex- 
andrian sera,  which  began  B.C.  323.  4.  The  sera 
of  the  Seleucidae,  which  began  in  the  autumn  of 
B.C.  312.  5.  The  aeras  of  Antioch,  of  which  there 
were  three,  but  the  one  in  most  common  use  began 
in  November,  B.C.  49. 

The  Romans  reckoned  their  years  from  the 
founiation  of  the  city  (ab  urbe  conditd)  in  the  time 
of  Augustus  and  subsequently,  but  in  earlier  times 
the  years  were  reckoned  by  the  names  of  the  con- 
suls. We  also  find  traces  of  an  sera  from  the 
banishment  of  the  kings,  and  of  another  from  the 
taking  of  the  city  by  the  Gauls.  The  date  of  the 
foundation  of  Rome  is  given  differently  by  different 
authors.  That  which  is  most  commonly  followed 
is  the  one  given  by  Varro,  which  corresponds  to 
B.C.  753.8  It  must  be  observed  that  753  A.U.C.  is 
the  first  year  before,  and  754  A.U.C.  the  first  year 
after  the  Christian  sera.  To  find  out  the  year  B.C. 
corresponding  to  the  year  A.U.C,  subtract  the  year 
A.U.C.  from  754;  thus,  605  A.U.C.=149  B.C.  To 
find  out  the  year  A.D.  corresponding  to  the  year 
A.U.C,  subtract  753  from  the  year  A.U.C ;  thus, 
767  A.U'.C=14  A.D. 

iERA'RII,  those  citizens  of  Rome  who  did  not 
enjoy  the  perfect  franchise ;  i.  e.,  those  who  cor- 
responded to  the  Isoteles  and  Atimi  at  Athens.  The 
name  is  a  regular  adjective  formed  from  as  (bronze), 
and  its  application  to  this  particular  class  is  due  to 
the  circumstance  that,  as  the  serarii  were  protected 
by  the  state  without  being  bound  to  military  ser- 
vice, they  naturally  had  to  pay  the  as  militare, 
which  was  thus  originally  a  charge  on  them,  in  the 
same  way  as  the  sums  for  knights'  horses  were  levied 
■3d  the  estates  of  rich  widows  and  orphans.9  (Vid. 
Ms  Hordearium.)  The  persons  who  constituted 
this  class  were  either  the  inhabitants  of  other  towns 
which  had  a  relation  of  isopolity  with  Rome  (the 

1.  (Gaius,  lib.i.— Ulp.,  Frag.,  tit.  1.— Dig.  28,  tit.  5,  s.  57,  60. 
— Tacit.,  Ann.,  xv.,  55.) — 2.  (Ammian.,  xxiv.,  4.) — 3.  (Suet.,  Jul., 
3-2.)— 4.  (Sen.,  Ep.,84.)—  5.  (Orelli,  4059.— Gruter,  264,  No.  1.) 
—6.  (i.,  6.)— 7.  (Thucyd.,  ii ,  2.— Pausan.,  iii.,  11,  $  2.)— 8. 
(Niebuhr,  Hist.  Rom.,  vol.  i.,  p.  258-269,  transJ.,)— 9.  (Niebuhr, 
Hist.  Roi-n.,  i.,  p.  465.) 
28 


inquihm),  or  clients  and  the  desci  ndants  of  freed- 
men.  The  decemvirs  enrolled  in  the  tribes  all  whr 
were  serarians  at  that  time:1  and  when  the  tribes 
comprised  the  whole  nation,  the  degradation  of  a 
citizen  to  the  rank  of  an  serarian  (which  was  called 
ararium  facer e  ?  referre  aliquem  in  ararios  ;3  or  in 
tabulas  Caritum  referri  jubere*)  might  be  practised 
in  the  case  of  a  patrician  as  well  as  of  a  plebeian. 
Hence  serarius  came  to  be  used  as  a  term  of  re- 
proach. Thus  Cicero,  speaking  of  the  corrupt 
judices  who  tried  Clodius,  says,3  Maculosi  senatores, 
nudi  equites,  tribuni  non  tarn  arati,  quam,  ut  appellan- 
tur,  cerarii.  He  is  alluding  to  the  Aurelian  law, 
which  settled  that  the  judices  should  be  selected 
from  the  senators,  the  knights,  and  the  tribuni  sera- 
rii. These  tribuni  cerarii,  who  constituted  an  ordei 
in  the  later  days  of  the  republic,  and  were,  in  fact, 
the  representatives  of  the  most  respectable  plebei- 
ans, were  originally  heads  of  tribes,  who  acted  as 
general  inspectors  and  collectors  of  the  as  militare 
for  the  payment  of  the  troops.6  In  the  same  way 
the  publicani,  or  farmers  of  the  taxes,  constituted  a 
numerous  class  of  the  equestrian  order. 

iERA'RIUM,  the  public  treasury  at  Rome.  After 
the  banishment  of  the  kings,  the  temple  of  Saturn 
was  used  as  the  place  for  keeping  the  public  treas- 
ure, and  it  continued  to  be  so  till  the  later  times  of 
the  empire.7  Besides  the  public  money,  the  stand- 
ards of  the  legions  were  kept  in  the  serarium  ;8  and 
also  all  decrees  of  the  senate  were  entered  there,  in 
books  kept  for  the  purpose.9 

The  serarium  was  divided  into  two  parts:  the 
common  treasury,  in  which  were  deposited  the  regu- 
lar taxes,  and  which  were  made  use  of  to  meet  the 
ordinary  expenses  of  the  state  ;  and  the  sacred 
treasury  (ararium  sanctum,  sanctius10),  which  was 
never  touched  except  in  cases  of  extreme  peril. 
The  twentieth  part  of  the  value  of  every  s1:ave  who 
was  enfranchised,11  and  some  part  of  the  plunder  of 
conquered  nations,  were  deposited  in  the  sacred 
treasury.12  Augustus  established  a  separate  treas- 
ury under  the  name  of  ararium  militare,  to  provide 
for  the  pay  and  support  of  the  army,  and  he  impo- 
sed several  new  taxes  for  that  purpose.13 

The  ararium,  the  public  treasury,  must  be  distin- 
guished from  the  fiscus,  the  treasury  of  the  emper- 
ors.14   (Vid.  Fiscus.) 

The  charge  of  the  treasury  was  originally  in- 
trusted to  the  quaestors  and  their  assistants,  the 
tribuni  serarii ;  but  in  B.C.  49,  when  no  quaestors 
were  elected,  it  was  transferred  to  the  sediles,  in 
whose  care  it  appears  to  have  been  till  B.C.  28, 
when  Augustus  gave  it  to  the  prsetors,  or  those  who 
had  been  prsetors.15  Claudius  restored  it  to  the 
quaestors  ;16  but  Nero  made  a  fresh  change,  and 
committed  it  to  those  who  had  been  prsetors,  and 
whom  he  called  prafecti  ararii.17  In  the  time  of 
Vespasian,  the  charge  of  the  treasury  appears  to 
have  been  again  in  the  hands  of  the  prsetors  ;18  but 
in  the  time  of  Trajan,  if  not  before,  it  was  again 
intrusted  to  the  praefects,  who  appear  to  have  hexi 
their  office  for  two  years.19 

*iERU'GO  (16c),  Verdigris.  "Among  the  an- 
cients, as  it  still  is,  verdigris  was  a  common  green 
pigment;  and  Dioscorides20  and  Pliny21  specify  sev- 
eral varieties  of  native  arugo,  or  toe,  classing  with 
it,  in  this  case,  what  we  may  suppose  to  have  been 
green  carbonate,  instead  of  acetate  of  copper  ;  as*, 

■ '  -  -  -  —      ■-       i .    ■■  ■  ■■       —  ■  -» 

1.  (Niebuhr,  Hist.  Rom.,  ii.,  p.  317.)— 2.  (Aul.  Gell.,  iv.,  12.) 
3.  (Cic,  pro  Cluent.,  43.)— 4.  (Aul.  Gell.,  xvi.,  13.)— 5.  (AJ 
Attic,  i.,  16.)-6.  (Dion.  Hal.,  iv.,  14.)— 7.  (Plut.,  Popl.,  12.— 
Plin.,  Paneg.,  91,  seq.)— 8.  (Liv.,  iii.,  69  ;  iv.,  22  ;  vii.,  23.)— a 
(Cic.,de  Leg.,  iii.,  4.— Tac,  Ann.,  iii.,  51  ;  xiii.,  20.)— 10.  (Liv., 
xxvii.,  10.— Flor.,  iv.,  2.— Cars.,  Bell.  Civ.,  i.,  14.)— 11.  (Liv., 
vii.,  16  ;  xxvii.,  10.)— 12.  (Lucan.,  Phars.,  iii.,  155.)— 13.  (Suet., 
Octav.,  49.— Dion,  lv.,  24,  25,  32.)— 14.  (Sen.,  de  Ben.,  vii.,  6 
—Plin.,  Pan.,  36,  42.— Suet.,  Octav.,  101.— Tac,  Ann.,  ii.,  47  ■ 
vi.,  2.)— 15.  (Suet.,  Octav.,  36.)— 16.  (Suet.,  Claud.,  24.— 
Dion,  lx.,  24.)— 17.  (Tac,  Ann.,  xiii.,  29.)— 18  (Tac,  Hist., 
iVg>  9.) — 19.  (Plin.,  Pan.,  91,  92.--Lips.,  Excurs.  ad  Tac,  Ann  . 
xiii.,  29.)— 20.  (Dioscor.,  v..  91.)— «l.  fPvo    II.  N.,  xxxu.,2d 


JES. 


MS. 


tor  example,  •  the  efflorescence  upon  stones  which 
contained  copper,'  and  what  was  'scraped  from 
the  stone  out  of  which  copper  was  melted.'  Vari- 
ous modes  of  making  verdigris  are  described  by 
Theophrastus,  Dioscorides,  and  Pliny,  which  agree 
in  principle,  and  some  of  them  even  as  to  their  de- 
tails, with  the  processes  now  employed.  Among 
the  various  adulterations  of  it,  that  which  was  made 
with  the  sulphate  of  iron  (atramentum  sutorium) 
was,  as  we  learn  from  Pliny,  the  one  best  calcula- 
ted to  deceive ;  and  the  mode  of  detecting  it,  sug- 
gested by  him,  deserves  notice.  It  was  to  rub  the 
counterfeit  aerugo  on  papyrus  steeped  with  the  gall- 
nut,  which  immediately  thereon  turned  black."1 

iERUSCATO'RES  were  vagrants  who  obtained 
their  living  by  fortune-telling  and  begging.2  They 
were  called  by  the  Greeks  uyvprat.  ( Vid.  AGURTAI.) 
Festus  explains  ceruscare  by  cera  undique  colligere. 

JES  (xahn6g),  a  composition  of  metals,  in  which 
copper  is  the  predominant  ingredient.  Its  etymology 
is  not  known.  The  Italians  and  French  often  use 
the  words  rame  and  ottone,  and  airain,  to  translate 
the  word  aes ;  but,  like  the  English  term  brass, 
which  is  also  employed  in  a  general  way  to  express 
the  same  composition,  all  are  incorrect,  and  are 
calculated  to  mislead.  Brass,  to  confine  ourselves 
to  our  own  language,  is  a  combination  of  copper  and 
zinc,  while  all  the  specimens  of  ancient  objects 
formed  of  the  material  called  aes,  are  found  upon 
analysis  to  contain  no  zinc  ;  but,  with  very  limited 
exceptions,  to  be  composed  entirely  of  copper  and 
tin.  To  this  mixture  the  term  bronze  is  now  exclu- 
sively applied  by  artists  and  founders  ;  and  it  is  de- 
sirable that,  being  now  generally  received,  it  should 
always  be  used,  in  order  to  prevent  misapprehen- 
sion, and  to  distinguish  at  once  between'  the  two 
compositions.  The  word  bronze  is  of  Italian  or- 
igin, and  of  comparatively  modem  date,  and  de- 
rived in  all  probability  from  the  brown  colour 
(b~uno)  which  the  artists  of  the  period  of  the  revival 
(as  it  is  called)  of  the  Arts,  and  those  who  followed 
them,  gave  their  metal  works ;  various  fine  speci- 
mens of  such  productions  of  the  cinque-cento  age  are 
still  preserved  in  the  Museum  of  Florence  and  in 
other  collections ;  and  when  the  surface  of  the  cast 
has  not  been  injured  by  accident  or  by  exposure  to 
the  weather,  the  rich  brown  tint  originally  imparted 
to  them  is  as  perfect  as  when  it  was  first  produced. 
The  natural  colour  of  bronze,  when  first  cast,  is  a 
reddish  brown ;  the  different  tints  which  are  seen 
on  works  of  sculpture  of  this  ciass  being  almost  al- 
ways given  by  artificial  means  :  that  which  modern 
taste  prefers,  and  which  is  now  usually  seen  on 
bronze  works,  namely,  a  bright  bluish  green,  may, 
however,  be  considered  natural  to  it,  as  it  is  simply 
the  effect  of  oxidation,  from  exposure  to  the  influ- 
ence of  the  atmosphere.  Sometimes  the  operations 
of  time  and  weather  are  anticipated  by  the  skilful 
application  vC  an  acid  over  the  surface  of  the  metal. 
The  finest  bronzes  of  antiquity  are  remarkable  for 
the  colour  of  this  patina,  as  it  is  called  by  anti- 
quaries. 

The  employment  of  aes  (bronze)  was  very  general 
among  the  ancients ;  money,  vases,  and  utensils  of 
all  sorts,  whether  for  domestic  or  sacrificial  pur- 
poses, ornaments,  arms  offensive  and  defensive,  fur- 
uitare,  tablets  for  inscriptions,  musical  instruments, 
and,  indeed,  every  object  to  which  it  could  be  ap- 
plied, being  made  of  it.  The  proportions  in  which 
the  component  parts  were  mixed  seem  to  have 
Leen  much  studied ;  and  the  peculiarities  and  ex- 
cellence of  the  different  sorts  of  bronze  were  marked 
by  distinctive  names,  as  the  aes  Corinthiacum,  aes 
Deliacum,  aes  iEgineticum,  aes  Hepatizon,  and 
others ;  but  of  which,  it  must  be  confessed,  we 
know  little  or  nothing  beyond  the  titles,  except  that 

1.  (Theophrast.,  nipt  AiO.,  c.  102.— Vitruv.,  vii.,  12. — Moore's 
Anc.  Mineralogy,  p.  64,  seq.) — 2.  (Gell.,  xiv.,  1  ;  he.,  2. — Sen 
it>  Clem.,  ii.,  8.) 


we  collect  from  some  of  the  writers  of  antiquity, 
that,  with  the  view  of  producing  effects  of  colour  or 
variety  of  texture,  the  artists  sometimes  mixed 
small  proportions  of  gold,  silver,  lead,  and  even 
iron,  in  the  composition  of  their  bronze. 

No  ancient  works  in  brass,  properly  so  called, 
have  yet  been  discovered,  though  it  has  been  af- 
firmed that  zinc  was  found  in  an  analysis  made  of 
an  antique  sword  j1  but  it  appeared  in  so  extremely 
small  a  quantity,  that  it  hardly  deserved  notice ;  if 
it  was  indeed  present,  it  may  rather  be  attributed 
to  some  accident  of  nature  than  to  design.  For 
farther  particulars  on  the  composition  of  bronze, 
and  the  practice  of  the  ancients  in  different  pro- 
cesses of  metal-working,  the  reader  is  referred  to 
the  article  on  bronze. 

jES  (money,  nummi  a'e'nei  or  cerii).  Since  the 
most  ancient  coins  in  Rome  and  the  old  Italian 
states  were  made  of  33s,  this  name  was  given  to 
money  in  general,  so  that  Ulpian  says,  Etiam  awe- 
os  nummos  ces  dicimus.2  For  the  same  reason  we 
have  ces  alienum,  meaning  debt,  and  ccra  in  the 
plural,  pay  to  the  soldiers.3  The  Romans  had  no 
other  coinage  except  bronze  or  copper  (as)  till 
A.U.C.  485  (B.C.  269),  five  years  before  the  first 
Punic  war,  when  silver  was  first  coined  ;  gold  was 
not  coined  till  sixty-two  years  after  silver.*  For 
this  reason,  Argentinus,  in  the  Italian  mythology, 
was  made  the  son  cf  iEsculanus.5 

The  earliest  copper  coins  were  cast,  not  struck. 
In  the  collection  of  coins  at  the  British  Museum 
there  are  four  ases  joined  together,  as  they  were 
taken  from  the  raould,  in  which  many  were  cast  at 
once.  In  most  ases  the  edge  shows  where  they 
were  severed  from  each  other.  The  first  coinage 
of  aes  is  usuahy  attributed  to  Ssrvius  Tullius,  who 
is  said  to  have  stamped  the  money  with  the  image 
of  cattle  (pecus).  whence  it.  was  called  pecunia* 
According  to  some  accounts,  it  was  coined  from 
the  commencement  of  the  city;7  and  according  to 
others,  the  first  coinage  was  attributed  to  Janus  or 
Saturn.8  We  know  that  the  old  Italian  states 
possessed  a  bronze  or  copper  coinage  from  the 
earliest  times. 

The  first  coinage  was  the  as  (vid.  As),  which  orig- 
inally was  a  pound  weight ;  but  as,  in  course  of  time, 
the  weight  of  the  as  was  reduced  not  only  in  Rome, 
but  in  the  other  Italian  states,  and  this  reduction 
in  weight  was  not  uniform  in  the  different  states,  it 
became  usual  in  all  bargains  to  pay  the  ases  accord- 
ing to  their  weight,  and  not  according  to  their  nomi- 
nal value.  The  ces  grave9  was  not,  as  has  been  sup- 
posed by  some,  the  old  heavy  coins  as  distinguished 
from  the  lighter  modern ;  but,  as  JNiebuhr10  has  re- 
marked, it  signified  any  number  of  copper  coins 
reckoned  according  to  the  old  style,  by  weight. 
There  was,  therefore,  no  occasion  for  the  state  to 
suppress  the  circulation  of  the  old  copper  coins, 
since  in  all  bargains  the  ases  were  not  reckoned  by 
tale,  but  by  weight.  The  weight  thus  supplied  a 
common  measure  for  the  national  money,  and  foi 
that  of  the  different  states  of  Italy;  and,  according- 
ly, a  hundred  pounds,  whether  of  the  old  or  modern 
money,  were  of  the  same  value.  The  name  of  aes 
grave  was  also  applied  to  the  uncoined  metal.11 

Under  the  Roman  empire,  the  right  of  coining 
silver  and  gold  belonged  only  to  the  emperors ;  but 
the  copper  coinage  was  left  to  the  aerarium,  which 
was  under  the  jurisdiction  of  the  senate. 

Bronze  or  copper  (^aA/coc)  was  very  little  used 


1.  (Mongez,  Mem.  de  l'Institut.)— 2.  (Big.  50,  tit.  16,  s.  159. 
—Compare  Hor.,  Ep.  adPis.,345.— Id.,Ep.  1,  vii.,  23.)— 3.  (Liv., 
v.,  4.— Plin.,  H.  N.,  xxxiv.,  1.)— 4.  (Plin.,  H.  N.,  xxxiii.,  13.)— 
5.  ("  Quia  prius  aerea  pecunia  in  usu  esse  coepit,  post  arg-entea:" 
August.,  de  Civ.  Dei,  iv.,  21.)— 6.  (Plin.,  H.  N.,  xxxiii.,  13  ; 
xviii.,  3.— Varro,  de  Re  Rust.,  ii,  1.— Ovid,  Fast.,  v.,  281.)— 7. 
(Plin.,  H.  N.,  xxxiv.,  1.)— 8.  (Macrob.,  Saturn.,  i.,  7.)— 9.  'Liv., 
iv.,  41,60;  v.,  2;  xxxii.,  26.— Sen.  ad  Ilelv.,  12.)— 1Q  (Rom 
Hist.,  i.,  p.  458.)— 11.  (Servius,  in  Virgin.,  vi.,  862.— "Msesa, 
aes  rude,  metallum  infectum  :"    Isidor..  xvi.,  18,  13.) 

29 


^ESCULUS. 


AFFINES. 


by  the  Greeks  for  money  in  early  times.  Silver  was 
originally  the  universal  currency,  and  copper  ap- 
pears to  have  been  seldom  coined  till  after  the 
time  of  Alexander  the  Great.  At  Athens  a  copper 
coinage  was  issued  as  early  as  B.C.  406,  in  the 
archonship  of  Callias  j1  but  it  was  soon  afterward 
called  in,  and  the  silver  currency  restored.2  It  is 
not  improbable,  however,  that  the  copper  coin  call- 
ed xa^Kove  was  in  circulation  in  Athens  still  earlier. 
The  smallest  silver  coin  at  Athens  was  the  quarter 
obol,  and  the  xa^K°vc  was  the  half  of  that,  or  the 
eighth  of  an  obol.  The  copper  coinage  issued  in 
the  archonship  of  Callias  probably  consisted  of 
larger  pieces  of  money,  and  not  merely  of  the  xa^- 
kovc,  which  appears  to  have  been  used  previously 
on  account  of  the  difficulty  of  coining  silver  in  such 
minute  pieces.  The  ^aX/coOc  in  later  times  was  di- 
vided into  lepta,  of  which,  according  to  Suidas  (s.  v. 
Takavrov  and  '06ol6c),  it  contained  seven.  There 
was  another  copper  coin  current  in  Greece,  called 
TVfiSoXov,  of  which  the  value  is  not  known.  Pollux3 
ilso  mentions  K.67ikv6og  as  a  copper  coin  of  an  early 
ige ;  but,  as  Mr.  Hussey  has  remarked,  this  may 
have  been  a  common  name  for  small  money ;  since 
to?i?iv6og  signified  generally  "  changing  money,"  and 
•xoA?[,v6ioT7Js  "  a  money-changer."  In  later  times, 
the  obol  was  coined  of  copper  as  well  as  silver.  As 
^arly  as  B.C.  185,  we  find  talents  paid  in  copper  by- 
Ptolemy  Epiphanes.* 

_  ^ES  CIRCUMFORA'NEUM,  money  borrowed 
Tom  the  Roman  bankers  (argentarii),  who  had 
<hops  in  porticos  round  the  forum.5 

^ES  EQJJES'TRE,  the  sum  of  money  given  by 
<he  Roman  state  for  the  purchase  of  the  knight's 
^orse  (ea  pecunia,  qua  equus  emendus  erat.6)  This 
sum,  according  to  Livy,7  amounted  to  10,000  ases. 
MS  HORDEA'RIUM,  or  HORDIA'RIUM, 
the  sum  of  money  paid  yearly  for  the  keep  of  a 
knight's  horse;  In  other  words,  a  knight's  pay.8 
This  sum,  which  amounted  to  2000  ases  for  each 
horse,  was  chargt  d  upon  the  rich  widows  and  or- 
phans, on  the  principle  that,  in  a  military  state,  the 
women  and  children  ought  to  contribute  largely  for 
those  who  fought  i«i  behalf  of  them  and  the  com- 
monwealth.9 The  tnights  had  a  right  to  distrain 
for  this  money,  if  it  was  not  paid,  in  the  same  man- 
ner as  they  had  the  right  to  distrain  for  the  ces  eques- 
ire,  and  the  soldiers  fir  the  ces  militare.10  It  has  been 
remarked  by  Niebuhy/1  that  a  knight's  monthly  pay, 
if  his  yearly  pension  of  2000  ases  be  divided  by 
twelve,  does  not  come  io  anything  like  an  even  sum ; 
but  that,  if  we  have  recourse  to  a  year  of  ten  months, 
which  was  used  in  all  calculations  of  payments  at 
Rome  in  very  remote  tnves,  a  knight's  monthly  pay 
will  be  200  ases,  which  was  just  double  the  pay  of  a 
foot  soldier. 

MS  MILITA'RE.  (Vid.  jErarii.) 
MS  MANUA'RIUM  was  the  money  won  in 
playing  with  dice,  manibus  collectum.  Manus  was 
the  throw  in  the  game.  All  who  threw  certain 
numbers  were  obliged  to  put  down  a  piece  of  mon- 
ey; and  whoever  threw  the  Venus  (the  highest 
throw)  won  the  whole  sum,  which  was  called  the 
ess  manuarium.12 

MS  UXO'RIUM.     (Vid.  Marriage.) 
*iESC'ULUS,  a  species  of  tree  commonly  rank- 
ed in  the  family  of  oaks.    Martyn13  is  inclined  to 
make  it  the  same  with  what  is  called,  in  some  parts 
of  England,  the  bay-oak,  and  corresponds  to  the 


1.  (Schol.  in  Aristoph.,  Ran.,  737.) — 2.  (Aristoph.,  Ecclesiaz., 
815-822.)— 3.  (iii.,  9.) — 4.  (Polyb.,  xxiii.,  9,  3.— Hussey,  Ancient 
Weights  and  Money,  p.  115. — Bockh,  Publ.  Econ.  of  Athens, 
vol  ii.,  p.  384. — Id.,  Ueber  Gewichte,  Munzfusse,  &c,  p.  142, 
542,  &c)— 5.  (Cic.  ad  Att.,  ii.,  1.)— 6.  (Gaius,  iv.,  27.)— 7.  (i., 
43.) — 8.  ("Ea  pecunia,  ex  qua  hordeum  equis  erat  coinparan- 
dum;"  Gaius,  iv.,  27.)— 9.  (Liv.,  i.,  43.— Cic,  de  Rep.,  ii.,  20.) 
10.  (Gaius,  iv.,  27. — Cato  ap.  Gell.,  vii.,  10. — Niebuhr,  Hist. 
Rom.  i.,  460  461.)— 11.  (Hist.  Rom.,  ii.,  439.)— 12.  (Gell., 
rvii  ,  13.--Sufit,  Octav.,  72.1—13.  (in  Virsr.,  Georg-..  ii.,  15.) 

30 


Quercus  latifolia  mas,  quce  brevi  jtediado  est,  as  de* 
scribed  by  Bauhin.  Fee,  however,*  condemns  this 
opinion,  on  the  ground  that  Virgil,  in  the  passage 
on  which  Martyn  is  commenting,  places  the  JSsculus 
and  Quercus  in  opposition  to  each  other,  as  distinct 
kinds  of  trees.  Martyn  therefore  is  wrong,  accord- 
ing to  this  writer,  in  making  the  JEsculus  identical 
with  the  Quercus  latifolia  of  Bauhin,  since  this  last 
is  only  a  variety  of,  and  very  little  distinct  from,  the 
Quercus  arbor.  If  it  were  certain  that  the  cesculus  of 
Virgil  was  the  same  with  that  of  Pliny,2  there  would 
be  no  difficulty  whatever  in  determining  its  botani- 
cal character;  for  the  cesculus  of  Pliny  is  well  known 
being  the  Qrjyoc-  of  Theophrastus,3  or  our  Quercus 
JEsculus.  Pliny's  Fagus  is  our  beech,  and  not  an 
oak ;  and  the  description  which  he  gives  of  the 
tree  shows  this  very  clearly.  On  the  other  hand, 
Theophrastus  ranks  his  ^ybq  among  oaks.  Pliny 
thus  places  his  cesculus  between  the  quercus,  the 
robur,  the  ilex,  and  the  suber.  Everything  then 
agrees ;  and,  besides,  the  etymology  of  cesculus  from 
esca  ("food"),  like  that  of  tyrjyoc  from  (j>ayo  ("to 
eat"),  is  not  unreasonable.  But  the  cesculus  of  Pliny 
does  not  correspond  to  the  cesculus  of  Virgil.  The 
former  is  one  of  the  smallest  kinds  of  oak,  whereas 
the  latter  is  described  by  the  poet  as  "maxima,"  and 
in  figurative  language  as  touching  the  skies  with  its 
top,  and  reaching  to  Tartarus  with  its  roots.  Pliny, 
too,  considers  the  cesculus  as  rare  in  Italy,  whereas 
Horace  speaks  of  wide  groves  of  the  cesculus  in 
Daunia.  This  poet,  therefore,  like  Virgil,  takes  the 
term  cesculus  in  a  different  sense  from  the  naturalist. 
In  order  to  relieve  the  question  from  the  embarrass- 
ment in  which  it  is  thus  left,  some  botanists  have 
imagined  that  Virgil  means  the  chestnut,  a  bold  bat 
not  very'  reasonable  idea. 

jESTIMA'TIO  LITIS.  {Vid.  Judex.) 
^ESYMNE'TES.  (Vid.  AISUMNE'TES.) 
~AETI'TES  (aerirrie),  the  Eagle-stone.  It  is  the 
same  with  the  v  tuv  tiktuv  of  Theophrastus,  or  the 
Prolific  stone,  of  which  the  ancients  give  such  won- 
derful accounts,  making  it  famous  for  assisting  in 
delivery,  preventing  abortions,  and  discovering 
thieves !  Pliny4  says  of  it,  "  Est  autem  lapis  istt 
prcegnans  intus ;  quum  quatias,  alio  velut  in  uteio 
sonante ;"  and  Dioscorides5  remarks,  uetlttj^  XlBoc 
oc  erepov  eyKvuuv  TiWov  vndpxov.  Sir  John  Hill1 
says,  that  custom  has  given  the  name  of  Aetites  to 
every  stone  having  a  loose  nucleus  in  it.  Cleave- 
land  observes,  that  the  ancients  gave  it  the  name  of 
Eagle-stone  (derog,  "  an  eagle"),  from  an  opinion 
that  this  bird  transports  them  to  its  nest  to  facilitate 
the  laying  of  its  eggs.  It  is  an  argillaceous  oxydc 
of  iron.7 

*A'ETOS  (aeroc).  I.  The  Eagle.  (Vid.  Aquila.) 
II.  A  species  of  Ray  fish,  called  by  Pliny  Aquila, 
and  now  known  as  the  Raja  Aquila,  L.  Oppian 
enumerates  it  among  the  viviparous  fishes.8 

AFFFNES,  AFFFNITAS,  or  ADFFNES,  A  D- 
FFNITAS  Affines  are  the  cognati  of  husband 
and  wife ;  and  the  relationship  called  affinitrj  can 
only  be  the  result  of  a  lawful  marriage.  Therc  arc 
no  degrees  of  affinitas  corresponding  to  thrsa  of 
cognatio,  though  there  are  terms  to  express  the  vari- 
ous kinds  of  affinitas.  The  father  of  a  husband  is 
the  socer  of  the  husband's  wife,  and  the  father  of  a 
wife  is  the  socer  of  the  wife's  husband ;  the  term 
socrus  expresses  the  same  affinity  with  respect  to 
the  husband's  and  wife's  mothers.  A  son's  wife  is 
nurus  or  daughter-in-law  to  the  son's  parents;  a 
wife's  husband  is  gener  or  son-in-law  to  the  wife's 
parents. 

Thus  the  avus,  avia ;  pater,  mater ;  of  the  wife 


1.  (Flore  de  Virgile,  p.  11.)— 2.  (H.  N.,  xvi ,  6,  2  ;  79,  4 ;  43, 1 ; 
xvii.,  34,  3.)— 3.  (H.  P.,  iii.,  9.)— 4.  (H.  N.,  i.,  4, 1  ;  x<x.,  44,  1  : 
xxxvi.,  39,  1.)— 5.   (Dioscor.,  v.,  160.)— 9.   (TheopV.ast    vtfk 
Aid.,  c.  11.) — 7    (Adams.  Apo«nd..  s.  v.)— £    (AdarnK,  Ai>l*nd 
s.  v.) 


AGEMA. 


AGITATOREis. 


become  by  the  marriage  respectively  the  socer  mag- 
nus,  proso;rus,  or  socrus  magna — socer,  socrus — 
of  the  husband,  who  becomes  with  respect  to  them 
severally  progener  and  gener.  In  like  manner,  the 
corresponding  ancestors  of  the  husband  respectively 
assume  the  same  names  with  respect  to  the  son's 
wife,  who  becomes  with  respect  to  them  pronurus 
and  nui'us.  The  son  and  daughter  of  a  husband  or 
wife  born  of  a  prior  marriage  are  called  privignus 
and  privigna  with  respect  to  their  stepfather  or 
stepmother;  and,  with  respect  to  such  children,  the 
stepfather  and  stepmother  are  severally  called 
vitricus  and  noverca.  The  husband's  brother  be- 
comes levir  with  respect  to  the  wife,  and  his  sister 
becomes  glos  (the  Greek  ydluc).  Marriage  was 
unlawful  among  persons  who  had  become  such 
affines  as  above  mentioned.  A  person  who  had  sus- 
tained such  a  capitis  diminutio  as  to  lose  both  his 
freedom  and  the  civitas,  lost  also  all  his  affines.1 

*AGALL'OCHON  (dydXXoxov),  the  Lignum  Aloes, 
or  Aloexylon  AgaUochum,  Lour.  Such,  at  least,  is  the 
opinion  of  the  commentators  on  Mesue,  of  Celsius, 
Bergius,  Matthiolus,  Lamarck  and  Sprengel.  Avi- 
cenna  and  Abu'  1  Fadli  describe  several  species,  or, 
more  properly,  varieties  of  it.2 

ArA'MIOT  rPA$H  (dyaplov  ypatf).  ( Vid.  Mar- 
riage.) 

*AGARTKON  (dyapiicov),  the  Boletus  igniarius, 
called  in  English  Touchwood  or  Spunk,  a  fungous 
excrescence,  which  grows  on  the  trunk  of  the  oak 
and  other  trees.  Dioscorides,  Paulus  iEgineta,  and 
other  writers  on  Toxicology,  make  mention  of  a 
black  or  poisonous  Agaric,  which  may  be  decided 
to  have  been  the  Agaricus  Musearius.  Dr.  Christi- 
son  confirms  the  ancient  statements  of  its  poisonous 
Qature.3 

AGA'SO,  a  groom,  a  slave  whose  business  it  was 
lo  take  care  of  the  horses.  The  word  is  also  used 
for  a  driver  of  beasts  of  burden,  and  is  sometimes 
applied  to  a  slave  who  had  to  perform  the  lowest 
menial  duties.* 

*AGASS'EUS  (uyacaevc),  a  species  of  dog  de- 
scribed by  Oppian.5  It  may  be  conjectured  to  have 
been  either  the  Harrier  or  the  Beagle.  Pennant  is 
in  favour  of  the  latter.6 

AGATHOER'GOI  (dyaQoepyoi).  In  time  of  war 
the  kings  of  Sparta  had  a  body-guard  of  three  hvn- 
dred  of  the  noblest  of  the  Spartan  youths  (lii-Kelc ),  of  i 
whom  the  five  eldest  retired  every  year,  and  were 
employed  for  one  year,  under  the  name  of  dyadosp- 
/oi,  in  missions  to  foreign  states.7  It  has  been 
maintained  by  some  writers  that  the  dyadoepyoc  did 
not  attain  that  rank  merely  by  seniority,  but  were 
selected  from  the  Imreic  by  the  ephors  without  refer- 
ence to  age.8 

AG'ELE  (dyeXij),  an  assembly  of  young  men  in 
Crete,  who  lived  together  from  their  eighteenth  year 
till  the  time  of  their  marriage.  An  dyeli)  consisted 
of  the  sons  of  the  most  noble  citizens,  who  were 
usually  under  the  jurisdiction  of  the  father  of  the 
youth  who  had  been  the  means  of  collecting  the 
dyelrj.  It  was  the  duty  of  this  person,  called  dyzkd- 
T7]s,  to  superintend  the  military  and  gymnastic  ex- 
ercises of  the  youths  (who  were  called  dytkdcToi), 
to  accompany  them  to  the  chase,  and  to  punish  them 
when  disobedient.  He  was  accountable,  however, 
to  the  state,  which  supported  the  ay  each  at  the  pub- 
lic expense.  All  the  members  of  an  dyiXv  were 
obliged  to  marry  at  the  same  time.9  In  Sparta  the 
youths  entered  the  dyelai,  usually  called  fiovai,  at 
ihe  end  of  their  seventh  year. 

AGE?vlA  (dyrjua  from  uyu),  the  name  of  a  chosen 

1.  (Big.  38,  tit  10,  s.  4.)— 2.  (Dioscor.,  i.,  21.— Adams,  Ap- 
pend., s.  v.)— 3.  (Dioscor.,  iii.,  1. — Adams,  Append.,  s.  v.) — 4. 
(Liv.,  xliii.,  5. — Plin.,  xxxv.,  11.— Curt.,  viii.,  6.— Hor.,  Serm. 
II.,  viii.,  72.— Pers.,  v.,  76.)— 5.  (Cyneget.,  473.)— 6.  (British 
Zoology,  vol.  i.,  p.  63.)— 7.  (Herod.,  i.,  67.)— 8.  (Ruhnken  ad 
Tim*:  lex  Hat     s.  v.)— 9.  (Ephorus    ap    Strab.,  x.,  480,  482, 


body  of  troops  in  the  Macedonian  army,  which  Hsu. 
ally  consisted  of  horsemen.  The  agema  seen  s  tc 
have  varied  in  number ;  sometimes  it  consisted  of 
150  men,  at  other  times  of  300,  and  in  later  times  ii 
contained  as  many  as  1000  or  2000  men.1 

*AGE'RATON  (dyvparov),  a  plant,  which  Matthi 
olus  and  Adams  make  to  have  been  the  Achillea 
ageratum.  Dodonseus  and  Sprengel,  however,  are 
undecided  about  it.  It  would  appear  to  be  the  Eu~ 
patorium  of  the  translator  of  Mesue.8 

ArEQPTIOT   AI'KH    (dyeupyi.ov    Slav),    an   ac 
tion  which  might  be  brought  in  the  Athenian  courts 
by  a  landlord  against  the  farmer  who  had  injured 
his  land  by  neglect,  or  an  improper  mode  of  culti- 
vation.3 
AGER  ARCIFFNITJS.     (  Vid.  Agrimensores.) 
AGER  DECUMA'NUS.  (  Vid.  Agrarue  Leges.) 
AGER  LIMITA'TUS.     (  Vid.  Agrimensores.) 
AGER  PUB'LICUS.     (Vid.  Agrari2b  Leges.) 
AGER  RELIGIO'SUS.   (Vid.  Agrarue  Leges.) 
AGER  SACER.     (Vid.  Agrari^  Leges.) 
_  AGER  SANCTUS  (repsvoc).     Teuevoc  originally 
signified  a  piece  of  ground,  appropriated  for  the  sup- 
port of  some  particular  chief  or  hero.4    In  the  Ho- 
meric times,  the  kings  of  the  Greek  states  seem  to 
have  been  principally  supported  by  the  produce  of 
these  demesnes.  The  word  was  afterward  applied  to 
land  dedicated  to  a  divinity.  In  Attica,  there  appears 
to  have  been  a  considerable  quantity  of  such  sacred 
lands  (Tepiv7j),  which  were  let  out  by  the  state  to 
farm;  and  the  income  arising  from  them  was  ap- 
propriated to  the  support  of  the  temples  and  the 
maintenance  of  public  worship.5 

According  to  Dionysius,6  land  was  set  apart  at 
Rome  as  early  as  the  time  of  Romulus  for  the  sup- 
port of  the  temples.  The  property  belonging  to  the 
temples  increased  considerably  in  later  times,  es- 
pecially under  the  emperors.7 

Lands  dedicated  to  the  gods  were  also  called 
Agri  consecrati.  Houses,  also,  were  consecrated ;  as, 
for  instance,  Cicero's,  by  Clodius.  By  the  provisions 
of  the  Lex  Papiria,  no  land  or  houses  could  be  dedi- 
cated to  the  gods  without  the  consent  of  the  plebs.8 
The  time  when  this  law  was  passed  is  uncertain; 
but  it  was  probably  brought  forward  about  B.C.  305, 
if  Livy9  alludes  to  the  same  law. 

A  "ER  VECTIGA'LIS.  (Vid.  Agrari;e  Leges.) 
AG^'TORIA  (aynropia).  (Vid.  CARNEIA.) 
AGGER  (x&ua),  from  ad  and  gero,  was  used  in 
general  for  a  heap  or  mound  of  any  kind.  It  was 
more  particularly  applied  to  a  mound,  usually  com- 
posed of  earth,  which  was  raised  round  a  besieged 
town,  and  was  gradually  increased  in  breadth  and 
height  till  it  equalled  or  overtopped  the  walls.10  At 
the  siege  of  Avaricum,  Caesar  raised  in  25  days  an 
agger  330  feet  broad  and  80  feet  high.11  The  agger 
was  sometimes  made  not  only  of  earth,  but  of  wood, 
hurdles,  &c. ;  whence  we  read  of  the  agger  being 
set  on  fire.13  The  agger  was  also  applied  to  the 
earthen  wall  surrounding  a  Roman  encampment, 
composed  of  the  earth  dug  from  the  ditch  (fossa), 
which  was  usually  9  feet  broad  and  7  feet  deep ;  but 
if  any  attack  was  apprehended,  the  depth  was  in- 
creased to  12  feet,  and  the  breadth  to  13  leet.  Sharp 
stakes,  &c,  were  usually  fixed  upon  the  agger, 
which  was  then  called  vallum.  When  both  words 
are  used  (as  in  Caesar,  agger  ac  vallum12),  the  agger 
means  the  mound  of  earth,  and  the  vallum  the  sharp 
stakes,  &c,  which  were  fixed  upon  the  agger. 
AGITATO'RES.     (Vid.  Circus.)    . 

1.  (Diod.  Sic,  xix.,  27,  28.— Liv.,  xxxvii.,  40  ;  xlii.,  51,  58.— 
Curt.,  iv.,  13.) — 2.  (Dioscor.,  iv.,  58. — Adams,  Append.,  s  v.) — 

3.  (Bekker,  Anecdot.  Gr.,  336. — Meier,  Att.  Process,  p.  532.) — 

4.  (Horn.,  II.,  vi.,  194  ;  ix.,  578  ;  xiii.,  313.)— 5.  (Xen.,  Vectig., 
iv.,  19. — Didymus  ap.  Harpocrat.,  s.  v.  'Affu  Mi<r&w/*«rwi'. — 
Bockh,  Publ.  Econ.  of  Athens,  vol.  ii.,  p.  10,  transl.) — 6.  (ii.,  7.) 
—7.  (Vid.  Suet.,  Oct.,  31.— Tac,  Ann.,  iv.,  16.)— 8.  (Cic,  pre 
Dom.,  c.  49,  seq.)— 9.  (ix.,  46.)— 10.  (Liv.,  v.,  7.)— 11  (Bell. 
Gall.,  vii.,  24.)— 12.  (Liv.,  xxxvi.,  23— Ctes.,  Bell.  Gall.,  vn  ,  24 
—Id.,  Bell.  Civ.,  ii.,  14,  seq.)— 13    (Bell.  Gall.,  vii.,  72  j 

V  J 


AGNUS. 


AGONES. 


AGMEN  {agmen  proprie  dicitur,  cum  exercitus  iter 
facit,  ab  agendo,  id  est,  eundo  vocatus1),  the  marching 
»>rder  of  the  Roman  army.  According  to  Polybius,2 
the  Roman  armies  commonly  marched  in  his  time  in 
the  following  manner :  "  In  the  van  are  usually  pla- 
ced the  extraordinaries  (krviXeKTOt,  extraordinarii) ; 
and  after  these  the  right  wing  of  the  allies,  which 
is  followed  by  the  baggage  of  both  these  bodies. 
Next  to  these  marches  the  first  of  the  Roman  le- 
gions, with  its  baggage  also  behind  it.  The  second 
legion  follows,  having  behind  it,  likewise,  both  its 
own  baggage  and  the  baggage  of  the  allies,  who  are 
in  the  rear ;  for  the  rear  of  all  the  march  is  closed 
with  the  left  wing  of  the  allies.  The  cavalry 
marches  sometimes  in  the  rear  of  the  respective 
bodies  to  which  it  belongs,  and  sometimes  on  the 
flanks  of  the  beasts  that  are  loaded  with  the  bag- 
gage, keeping  them  together  in  due  order,  and  cov- 
ering them  from  insult.  When  any  attack  is  ex- 
pected to  be  made  upon  the  rear,  the  extraordina- 
ries of  the  allies,  instead  of  leading  the  van,  are 
posted  in  the  rear ;  in  all  the  other  parts  the  dispo- 
sition remains  the  same.  Of  the  two  legions,  and 
the  two  wings  of  the  allies,  those  that  are  on  one 
day  foremost  in  the  march,  on  the  following  day  are 
placed  behind;  that,  by  thus  changing  their  rank 
alternately,  all  the  troops  may  obtain  the  same  ad- 
vantage in  their  turn  of  arriving  first  at  water  and 
at  forage.  There  is  also  another  disposition  which 
is  used  when  any  immediate  danger  threatens,  and 
the  march  is  made  through  an  open  country.  At 
such  times,  the  hastati,  the  principes,  and  the  triarii 
are  ranged  in  three  parallel  lines,  each  behind  the 
other,  with  the  baggage  of  the  hastati  in  the  front. 
Behind  the  hastati  is  placed  the  baggage  of  the 
prir.2ipes,  who  are  followed  likewise  by  that  of  the 
tria  rii ;  so  that  the  baggage  of  the  several  bodies 
is  placed  in  alternate  order.  The  march  being 
thus  disposed,  the  troops,  as  soon  as  any  attack  is 
mq.de,  turning  either  to  the  left  or  to  the  right,  ad- 
v  arise  forward  from  the  baggage  towards  that  side 
upon  which  the  enemy  appears ;  and  thus,  in  a  mo- 
ment of  time,  and  by  one  single  movement,  the 
whole  army  is  formed  at  once  in  order  of  battle, 
except  only  that  the  hastati  are  perhaps  obliged  to 
make  an  evolution;  and  the  beasts  of  burden,  also, 
with  all  those  that  attend  upon  the  baggage,  being 
now  thrown  into  the  rear  of  all  the  troops,  are  cov- 
ered by  them  from  danger." — (Hampton's  transla- 
tion.) An  account  of  the  marching  order  of  a  Ro- 
man army  is  also  given  by  Caesar,3  Josephus,4  and 
Vegetius.* 

The  form  of  the  army  on  march  differed ,  how- 
ever, according  to  circumstances,  and  the  nature  of 
the  ground.  An  agmen  pilatum  was  an  army  in 
close  array,  quod  sine  jumentis  incedit,  sed  inter  se 
densum  est,  quo  facilius  per  iniquiora  loca  transmitta- 
tur.6  The  agmen  quadratum  was  the  army  arranged 
in  the  form  of  a  square,  with  the  baggage  in  the 
middle.7 

The  form  of  the  Grecian  army  on  march  in  the 
time  of  Xenophon  is  described  in  the  Anabasis.6 
It  appears  that,  during  a  march  in  the  daytime,  ei- 
ther the  cavalry  or  the  heavy-armed,  or  the  tar- 
geteers,  marchei  in  the  van,  according  to  the  na- 
ture of  the  ground ;  but  that  in  the  nighttime  the 
slowest  troops  always  marched  first,  by  which  plan 
tie  army  was  less  likely  to  be  separated,  and  the 
s  >ldiers  had  fewer  opportunities  of  leaving  the  ranks 
v  ithout  discoverv. 

AGNA'TI.     (Vid.  Cognati.) 

AGNO'MEN.     (Vid.  Cognomen.) 

*AGNUS  (ayvoc).     All  are  agreed,  as  Schneider 

I.  (Isidor.,  ix.,  3.)— 2.  (vi.,  40.)— 3.  (Bell.  Gall.,  ii.,  17, 19.)— 
4.  UBell.  Jud.,  iii.,  6,  $  2.)— 5.  (iii.,  6.)— 6.  (Serv.  in  Virg., 
JF-u-i  xii.,  121.— Compare  Virg.,  ^n.,  ii.,  450;  v.,  3'fi.)— 7. 
(3  iv.,  xxxi.,  37  ;  xxxix.,  30.— Hirt.,  Bell.  Gall.,  viii.,'8.-  Tibull., 
\y  .  i.,  tOl—  Tac,  Ann.,  i  'iD  -8.  (vii..  3.  $  37,  sea/ 
32 


remarks,  that  this  is  the  ViUx  acnus  castus,  La,  ui 
Chaste-tree.  Galen  makes  it  to  be  the  same  as  the 
Ivyoc.  The  latter  occurs  in  the  Odyssey  of  Ho- 
mer,1 and  also  in  the  Iliad,2  and  may  there  mean 
any  flexible  twig.3 

AGONA'LIA,  AGO'NIA,*  or  AGO'NIUM,' 
a  Roman  festival,  instituted  by  Numa  Pompilius 
in  honour  of  Janus,6  and  celebrated  on  the  9th  of 
January,  the  20th  of  May,  and  the  10th  of  Decern. 
ber.  The  morning  of  tliese  festivals,  or,  at  least, 
the  morning  of  the  10th  of  December,  was  consid- 
ered a  dies  nefastus.  The  etymology  of  tliis  name 
was  differently  explained  by  the  ancients :  some 
derived  it  from  Agmiius,  a  surname  of  Janus;  some 
from  the  word  agone,  because  the  attendant,  whose 
duty  it  was  to  sacrifice  the  victim,  could  not  do  so 
till  he  had  asked  the  rex  sacrificulus,  Agone?  and 
others  from  agonia,  because  the  victims  were  for- 
merly called  by  that  name.7  The  Circus  Agonalis, 
built"  by  the  Emperor  Alexander,  is  supposed  by 
some  writers  to  have  been  erected  on  the  spot 
where  the  victims  were  sacrificed  during  the  ago- 
nalia. 

ATONES  ariurjrol  koI  ti/utjtoL  All  causes  in 
the  Athenian  courts  were  distinguished  into  two 
classes  :  ayuvec  utiuvtol,  suits  not  to  be  assessed,  in 
which  the  fine  or  other  penalty  was  determined  by 
the  laws  ;  and  ayuvec  tiutjto'l,  suits  to  be  assessed, 
in  which  the  penalty  had  to  be  fixed  by  the  judges. 
When  the  judges  had  given  their  votes  in  favour 
of  the  plaintiff,  they  next  had  to  determine,  provi- 
ded that  the  suit  was  an  ayuv  rifivrbc,  what  fine  or 
punishment  was  to  be  inflicted  on  the  defendant 
(Tradelv  ?}  airoTlaat).6  The  plaintiff  generally  men- 
tioned in  the  pleadings  the  punishment  which  he 
considered  the  defendant  deserved  (Ti/iaodai) ;  and 
the  defendant  was  allowed  to  make  a  counter-as- 
sessment (avTLTifiuadai,  or  viroTifiaadai),  and  to  ar- 
gue before  the  judges  why  the  assessment  of  the 
plaintiff  ought  to  be  changed  or  mitigated.9  In 
certain  causes,  which  were  determined  by  the  laws, 
any  of  the  judges  was  allowed  to  propose  an  addi- 
tional assessment  (Trpocrtfirjua) ;  the  amount  of 
which,  however,  appears  to  have  been  usually  fixed 
by  the  laws.  Thus,  in  certain  cases  of  theft,  the 
additional  penalty  was  fixed  at  five  days'  and 
nights'  imprisonment.  Demosthenes10  quotes  the 
law :  Aedeadat  ($'  kv  ttj  tzo6okukv  rbv  rroda  rciv& 
jjjuepac  Kal  vvurac  Icac,  kav  v:poariar)(yn  i]  rfkiaia, 
TrpocTcuaodat  de  rbv  fiovTibuevov,  brav  nepl  tov  tl- 
ur/uaroe  y.  In  this  passage  we  perceive  the  differ- 
ence between  the  active  npoGTLuav,  which  is  used 
of  the  assessment  of  the  Heliasa  (the  court),  and 
the  middle  irpoGTiudadai,  which  means  the  assess- 
ment proposed  by  one  of  the  judges.  In  the  same 
manner,  riuav  is  used  of  the  assessment  made  by 
the  court,  and  riuaodat  of  that  proposed  by  the 
plaintiff.11 

According  to  some  writers,  the  penalty  was  fixed 
in  all  private  causes  by  the  laws,  with  the  excep- 
tion of  the  akmf  ditaj  ;12  and  if  not  absolutely,  it 
was  fixed  in  proportion  to  the  injury  which  the  de- 
fendant had  received.  Thus,  in  the  action  for  inju- 
ry (fiTiaBrjc  Sikv),  if  the  injury  had  been  done  unin- 
tentionally, the  single,  and  if  intentionally,  the  dou- 
ble assessment  was  to  be  made.13  But,  on  the  othej 
hand,  all  penalties  which  had  not  the  character  o/ 
compensation  were  fixed  absolutely;  as,  for  in 
stance,  in  the  case  of  libellous  words  (KaKvyopia) 
at  500  drachmas;1*  and  in  the  action  for  non-ap- 


!.  (ix.,  427.)—2.  (xi.,  105.)— 3.  (Dioscor.,  iv.,  134  — Theo 
phrast.,  i.,  3.)— 4.  (Ovid,  Fast.,  v.,  721.)— 5.  (Fest.,  s  v.)— 6 
(Macrob.,  Saturn.,  i.,  4.)— 7.  (Ovid,  Fast.,  i.,  319-332.— Fest.. 
s.  v.)— 8.  (Plat.,  Apol.  Socr.,  c.  25.—  Demosth.  in  Mid.,  p.  523. > 
—9.  '(Plat.,  Apol.  Socr.,  c.  25.)— 10.  (in  Timocr.,  p.  733.)— 11. 
(Demosth.  in  Mid.,  p.  529  ;  in  Timocr.,  p.  720  ;  in  Aristogit.,  i.. 
p.  794  ;  in  Theocrit.,  1332,  1343  ;  in  Near.,  1347.)— 12.  (Uar- 
pocrat.,  s.  v. —  Ulpian,  in  Demosth.,  Mid.,  p.  523.) — 13.  (De- 
mosth. in  Mid.,  p.  528  ) — 14.  (Isocr.  in  Loch.,  p.  398.) 


AGORA. 


AGRARI^E  LEGES. 


pearanee  of  a  witness  Q.siizojiapTvpiov  61ktj),  at  1000 
drachmae. x 

AGONOTH'ETAI  (dyuvodiTat)  were  persons,  in 
the  Grecian  games,  who  decided  disputes  and  ad- 
judged the  prizes  to  the  victors.  Originally,  the 
person  who  instituted  the  contest  and  offered  the 
prize  was  the  dyuvo0i.T7}g,  and  this  continued  to  be 
the  practice  in  those  games  which  were  instituted 
by  kings  or  private  persons.  But  in  the  great  pub- 
lic games,  such  as  the  Isthmian,  Pythian,  &c,  the 
aj-uvodeTaL  were  either  the  representatives  of  dif- 
ferent states,  as  the  Amphictyons  at  the  Pythian 
games,  or  were  chosen  from  the  people  in  whose 
country  the  games  were  celebrated.  During  the 
flourisning  times  of  the  Grecian  republics,  the 
Eleans  were  the  dyuvodirat  in  the  Olympic  games, 
the  Corinthians  in  the  Isthmian  games,  the  Am- 
phictyons in  the  Pythian  games,  and  the  Corinthi- 
ans, Argives,  and  inhabitants  of  Cleonae  in  the 
Nemean  games.  The  dyovoderai  were  also  called 
aicv(j.vrjTai,  dyuvdpxai,  dyuvodiicai,  udXodiTCU,  p"a6- 
dovxoi  or  6a6Sov6/j,oi  (from  the  staff  they  carried 
as  an  emblem  of  authority),  /3pa6eig,  (3pa6evraL 

AG'ORA  (ayopd)  properly  means  an  assembly  of 
any  nature,  and  is  usually  employed  by  Homer  for 
the  general  assembly  of  the  people.  The  ayopd 
seems  to  have  been  considered  an  essential  part  in 
the  constitution  of  the  early  Grecian  states,  since  the 
barbarity  and  uncivilized  condition  of  the  Cyclopes 
is  characterized  by  their  wanting  such  an  assem- 
bly.2 The  ayopd,  though  usually  convoked  by  the 
king,  as,  for  instance,  by  Telemachus  in  the  ab- 
sence of  his  father,3  appears  to  have  been  also 
summoned  at  times  by  some  distinguished  chief-v 
tain,  as,  for  example,  by  Achilles  before  Troy.*' 
The  king  occupied  the  most  important  seat  in  these 
assemblies,  and  near  him  sat  the  nobles,  while  the 
people  sat  or  stood  in  a  circle  around  them.  The 
power  and  rights  of  thejjeople  in  these  assemblies 
Lave  been  the  subject  of  much  dispute.  Platner, 
Tittmann,  and  more  recently  Nitzsch,  in  his  com- 
mentary on  the  Odyssey,  maintain  that  the  people 
were  allowed  to  speak  and  vote  ;  while  Heeren5 
and  Miiller6  think  "  that  the  nobles  were  the  only 
persons  who  proposed  measures,  deliberated,  and 
voted,  and  that  the  people  were  only  present  to  hear 
the  debate,  and  to  express  their  feeling  as  a  body ; 
■  Thich  expressions  might  then  be  noticed  by  a  prince 
of  a  mild  disposition."  The  latter  view  of  the 
question  is  confirmed  by  the  fact,  that  in  no  pas- 
sage in  the  Odyssey  is  any  one  of  the  people  repre- 
sented as  taking  part  in  the  discussion;  while,  in 
the  Iliad,  Ulysses  inflicts  personal  chastisement 
upon  Thersites  for  presuming  to  attack  the  nobles 
in  the  ayopd.''  The  people  appear  to  have  been 
only  called  together  to  hear  what  had  been  already 
agreed  upon  in  the  council  of  the  nobles,  which  is 
called  fiovAif  and  dounog,9  and  sometimes  even 

1  'in 

uyopa. 

Among  the  Athenians,  the  proper  name  for  the 
assembly  of  the  people  was  eiacXrio-ia,  and  among 
the  Dorians  alia.  The  term  ayopd  was  confined 
at  Athens  to  the  assemblies  of  the  phylae  and  demi.11 
In  Crete  the  original  name  ayopd  continued  to  be 
applied  to  the  popular  assemblies  till  a  late  pe- 
riod.1' 

The  name  ayopd  was  early  transferred  from  the 
assemblv  itself  to  the  place  in  which  the  assembly 
was  held ;  and  thus  it  came  to  be  used  for  the  mar- 
ket-place, where  goods  of  all  descriptions  were 
bought  and  sold.     The  expression  ayopd  nlTJdovaa, 

1.  (Harpocrat.,  sub  KKrjTrjptg. — Bockh,  Public  Econ.,  ii.,  p.  97, 
100.— Meier,  Att.  Process,  p.  180,  725.)— 2.  (Od.,  ix.,  112.)— 3. 
(Od.,  ii.,  5-8.)— 4.  (D.,  i.,  54.)— 5.  (Polit.  Antiq.,  $  56.)— 6. 
'Dorians,  ii.,  6.)— 7.  (II.,  ii.,  211,  277.)— 8.  (IL,  ii.,  53  ;  vi.,  113  ; 
,'cpovrti  @ou\cvTai.)—9.  (Od.,  ii.,  26.)— 10.  (II.,  ix.,  11,  33  — 
Od.,  ix.,  112  ;  ayopai  (Sov\r}<p6poi.)—\\.  (^Esch.,  c.  Ctes.,  c.  12, 
d.  376.— Schomann,  De  Comitiis  Athen.,  p.  27.— Bockh,  Corp. 
Inscnp.,  i.,  p.  135.)— 12.  (Bekker,  Anecdot.  Gr.,  i.,  *  210.) 
E 


"  full  market,"  was  used  to  signify  the  time  from 
morning  to  noon,  that  is,  from  about  nine  to  twelve 
o'clock. 

AGORAN'OMI  (dyopavo/ioi)  were  public  func- 
tionaries in  most  of  the  Grecian  states,  whose  du- 
ties corresponded  in  many  respects  to  those  of  the 
Roman  eediles.  At  Athens  their  number  was  ten, 
five  for  the  city  and  five  for  the  Piraeus,  and  not 
twenty,  as  Meier  erroneously  states,  misled  by  a 
false  reading  in  Harpocration.  They  were  chosen  by 
lot.1  Under  the  Roman  empire,  the  agoranomi  were 
called  loyiGTai*  They  corresponded  in  the  prov- 
inces to  the  curatores  civitatis  or  reiptibliccs.3 

The  principal  duty  of  the  agoranomi  was,  as 
their  name  imports,  to  inspect  the  market,  and  to 
see  that  all  the  laws  respecting  its  regulation  were 
properly  observed.  They  had  the  inspection  of  all 
things  which  were  sold  in  the  market,  with  the  ex- 
ception of  corn,  which  was  subject  to  the  jurisdiction 
of  the  GiTO(j)v%aK£s*  They  regulated  the  price  and 
quantity  of  all  things  which  were  brought  into  the 
market,  and  punished  all  persons  convicted  of 
cheating,  especially  by  false  weights  and  measures. 
They  had,  in  general,  the  power  of  punishing  all 
infraction  of  the  laws  and  regulations  relating  to 
the  market,  by  inflicting  a  fine  upon  the  citizens, 
and  personal  chastisement  upon  foreigners  and 
slaves,  for  which  purpose  they  usually  carried  a 
whip.5  They  had  the  care  of  all  the  temples  and 
fountains  in  the  market-place,6  and  received  the 
tax  (tjevt-Kov  TeXog)  which  foreigners  and  aliens 
were  obliged  to  pay  for  the  privilege  of  exposing 
their  goods  for  sale  in  the  market.  The  public 
prostitutes  were  also  subject  to  their  regulations.7 

AGRA'NIA  (dypavta),  a  festival  celebrated  at 
Argos,  in  memory  of  one  of  the  daughters  of 
Proetus,  who  had  been  afflicted  with  madness. 

ArPA$'IOY  rPA $H  (dypaftov  ypacpr/).  The  names 

of  all  persons  at  Athens  who  owed  any  sum  of 

money  to  the  state  (ol  tu  dyfiooiu)  b^elXovreg)  were 

registered  by  the  practores  (jcpdnroptg)  upon  tablets 

kept  for  that  purpose  in  the  Temple  of  Minerva,  on 

the  Acropolis  ;8  and  hence  the  expression  of  being 

registered  on  the  Acropolis  (eyyeypa[i/.tevoe  kv  'A/cpo- 

ttoXei)  always  means  indebted  to  the  state.9     If 

the  name  of  an  individual  was  improperly  erased, 

he  was  subject  to  the  action  for  non-registration 

(aypa<piov  ypatyf/),  which  was  under  the  jurisdiction 

of  the  thesmothetae ;  but  if  an  individual  was  not 

registered,  he  could  only  be  proceeded  against  b/ 

evdeit-ic,  and  was  not  liable  to  the  dypatyiov  ypa<bi].xa 

Hesychius,  whose  account  has  been  followed  by 

Hemsterhuys  and  Wesseling,  appears  to  have  been 

mistaken  in  saying  that  the  dypacpiov  ypafoj  could 

be  instituted  against  debtors  who  had  not  been  re- 
firjstcrcci.  ii 

3  AIT'iUoi  NO'MOI.     (Vid.  NOMOI.) 

AIT-'A^OT  META'AAOY  TPA*H  (dypd<j>ov  nerdl- 
2.ov  ypatyrj)  was  an  action  brought  before  the  thes- 
mothetas  at  Athens,  against  an  individual  who 
worked  a  mine  without  having  previously  register- 
ed it.  The  state  required  that  all  mines  should  be 
registered,  because  the  twenty-fourth  part  of  their 
produce  was  payable  to  the  public  treasury.12 

AGRA'RI^E" LEGES.  "It  is  not  exactly  true 
that  the  agrarian  law  of  Cassius  was  the  earliest 
that  was  so  called :  every  law  by  which  the  com- 
monwealth disposed  of  its  public  land  bore  that 

1.  (Demosth.,  c.  Timocr.,  c.  29,  p.  735. — Aristoph.,  Acham., 
689.) — 2.  (Schol.  in  Aristoph.,  Acham.,  658 ;  dyopavd/iovs,  oi)$ 
vvv  Aoytoraj  KaXov[i£v:  Muller,  JEginetica,  p.  138.) — 3.  (Cod. 
i.,  tit.  54,  s.  3.)— 4.  (Lysias,  Kara  tu>v  2tro7r.,  c.  6,  p  722.) — 5. 
(Schol.  in  Aristoph.,  Acharn.,  688.) — 6.  (Plato,  Lesrg.,  vi.,  10.) 
— 7.  (Justin,  xxi.,  5. — Meier,  Att.  Process,  p.  89-92.— Petitus, 
Leg-.  Att.,  v.,  tit.  3,  s.  2,  p.  495.) — 8.  (Demosth.  in  Aristog.,  i  , 
c.  15,  p.  791. — Harpocr.  et  Suid.,  sub  ipEvdeyypa<Pr/.) — 9.  (De- 
mosth. in  Theocr.,  c.  13,  p.  1337.)— 10.  (Demosth.  in  Theocr., 
c.  13,  p.  1338.)— 11.  (Meier,  Att.  Process,  p.  353,  354.— Bockh,, 
Publ.  Econ.  of  Athens,  ii.,  p.  118-122,  trans!.)— 12.  (Bockh, 
Publ.  Econ.  of  Athens,  ii..  p.  478.— Meier,  Att.  Process,  p.  354.)^ 

33 


AGRARliE  LEGES. 


.  AGRARI^E  LEGES. 


name ;  as,  for  instance,  that  by  which  the  domain 
jf  the  kings  was  parcelled  out  among  the  common- 
alty, and  those  by  which  colonies  were  planted. 
Even  in  the  narrower  sense  of  a  law  whereby  the 
state  exercised  its  ownership  in  removing  the  old 
possessors  from  a  part  of  its  domain,  and  making 
o^er  its  right  of  property  therein,  such  a  law  exist- 
ed among  those  of  Servius  Tullius."1 

The  history  of  the  enactments  called  agrarian 
laws,  either  in  the  larger  and  more  correct  sense, 
or  in  the  narrower  sense  of  the  term,  as  explained 
in  this  extract,  would  be  out  of  place  here.  The 
particular  objects  of  each  agrarian  law  must  be  as- 
certained from  its  provisions.  But  all  these  nu- 
merous enactments  had  reference  to  the  public  land ; 
and  a  great  majority  of  them  were  passed  for  the 
purpose  of  settling  Roman  colonies  in  conquered 
districts,  and  assigning  to  the  veteran  soldiers,  who 
formed  a  large  part  of  such  colonists,  their  shares 
in  such  lands.  The  true  meaning  of  all  or  any  of 
these  enactments  can  only  be  understood  when  we 
have  formed  a  correct  notion  of  property  in  land,  as 
recognised  by  Roman  law.  It  is  not  necessary,  in 
order  to  obtain  this  correct  notion,  to  ascend  to  the 
origin  of  the  Roman  state,  though,  if  a  complete 
history  of  Rome  could  be  written,  our  conception 
of  the  real  character  of  property  in  land,  as  recog- 
nised by  Roman  law,  would  be  more  enlarged  and 
more  precise.  But  the  system  of  Roman  law,  as  it 
existed  under  the  emperors,  contained  both  the 
teims  and  the  notions  which  belonged  to  those  early 
ages,  of  which  they  are  the  most  faithful  historical 
monuments.  In  an  inquiry  of  the  present  kind,  we 
may  begin  at  any  point  in  the  historical  series 
wh  Ich  is  definite,  and.  we  may  ascend  from  known 
and  intelligible  notions  which  belong  to  a  later  age, 
towards  their  historical  origin,  though  we  may 
never  be  able  to  reach  it. 

Gaius,2  who  probably  wrote  under  the  Antonines, 
made  two  chief  divisions  of  Roman  land ;  that 
which  was  divini  juris,  and  that  which  was  humani 
juris.  Land  which  was  divini  juris  was  either 
sacer  or  religiosus.3  Land  which  was  sacer  was 
consecrated  to  the  Dii  Super!  ;  land  which  was 
religiosus  belonged  to  the  Dii  Manes.  Land  was 
made  sacer  by  a  lex  or  senatus  consultum ;  and,  as 
the  context  shows,  such  land  was  land  which  be- 
longed to  the  state  (populus  Romanus).  An  in- 
dividual could  make  a  portion  of  his  own  land 
religiosus  by  the  interment  in  it  of  one  of  his 
family :  but  it  was  the  better  opinion  that  land  in 
the  provinces  could  not  thus  be  made  religiosus ; 
and  the  reason  given  is  this,  that  the  ownership  or 
property  in  provincial  lands  is  either  in  the  state 
(pop.  Rom.)  or  in  the  Caesar,  and  that  individuals 
had  only  the  possession  and  enjoyment  of  it  (pos- 
sessio et  usus  fructus).  Provincial  lands  were  either 
siipendiaria  or  tributaria  :  the  stipendiaria  were  in 
those  provinces  which  were  considered  to  belong  to 
the  Roman  state  ;  the  tributaria  were  in  those  prov- 
inces which  were  considered  as  the  property  of  the 
Caesar.  Land  which  was  humani  juris  was  divi- 
ded into  public  and  private  :  the  former  belonged  to 
the  state,  the  latter  to  individuals. 

It  would  seem  to  follow,  from  the  legal  form  ob- 
served in  making  land  sacer,  that  it  thereby  ceased 
to  be  publicus ;  for  if  it  still  continued  publicus,  it 
had  not  changed  its  essential  quality.  Niebuhr* 
has  stated  that  "  all  Roman  land  was  either  the 
property  of  the  state  (common  land,  domain)  or 
private  property — aut  publicus  aut  privatus ;"  and 
he  adds  that  "  the  landed  property  of  the  state  was 
either  consecrated  to  the  gods  (sacer),  or  allotted  to 
men  to  reap  its  fruits  (profanus,  humani  juris)." 
Niebuhr  then  refers  to  the  view  of  Gaius,  who 
makes  (he  latter  the  primary  division ;  but  he  relies 

1.    (Nieb.,  Rom.  Hist.,  vol.  ii.,  p.  129,  transl.)  -2.  (ii.,  2,  seqq.) 
-3.  (Compare  Frortinus,  de  Re  Agraria,  xiii.) — 4.  (Appendix, 
H»  ii.) 


on  the  authority  of  Frontinus,  supported  oy  Livy,4 
as  evidence  of  the  correctness  of  his  own  divisic  n. 
It  is  obvious,  however,  on  comparing  two  passa- 
ges in  Frontinus  (De  Re  Agrana,  xi.,  xiii.),  that 
Niebuhr  has  mistaken  the  meaning  ot  the  writer, 
who  clearly  intends  it  to  be  inferred  that  the  sacred 
land  was  not  public  land.  Besides,  if  the  meaning 
of  Frontinus  was  what  Niebuhr  has  supposed  it  to 
be,  his  authority  is  not  equal  to  that  of  Gaius  on  a 
matter  which  specially  belongs  to  the  province  of 
the  jurist,  and  is  foreign  to  that  of  the  agrimensor. 
The  passage  of  Livy,  also,  certainly  does  not  prove 
Niebuhr's  assertion.  The  form  of  dedition  in  Livy9 
may  be  easily  explained. 

Though  the  origin  of  that  kind  of  property  called 
public  land  must  be  referred  to  the  earliest  "ages  of 
the  Roman  state,  it  appears  from  Gaius  that  under 
the  emperors  there  was  still  land  within  the  limits 
of  the  Empire,  the  ownership  of  which  was  not  in 
the  individuals  who  possessed  and  enjoyed  it,  but  in 
the  populus  Romanus  or  the  Caesar.  This  posses- 
sion and  enjoyment  are  distinguished  by  him  from 
ownership  (dominium).  The  term possessio  frequently 
occurs  in  those  jurists  from  whom  the  Digest  was 
compi\ed  ;  but  in  these  writers,  as  they  are  known 
to  us,  it  applies  only  to  private  land,  and  the  ager 
publicus  is  hardly,  if  at  all,  ever  noticed  by  them. 
Now  this  term  Possessio,  as  used  in  the  Digest, 
means  the  occupation  of  private  land  by  one  who 
has  no  kind  of  right  to  it ;  and  this  possessio  was 
protected  by  the  praetor's  interdict,  even  when  it 
was  without  bona  fides  or  justa  causa :  but  the  term 
Possessio  in  the  Roman  historians — Livy,  for  in- 
stance— signifies  the  occupation  and  enjoyment  of 
public  land ;  and  the  true  notion  of  this,  the  original 
possessio,  contains  the  whole  solution  of  the  ques- 
tion of  the  agrarian  laws.  For  this  solution  we  are 
mainly  indebted  to  Niebuhr  and  Savigny. 

This  latter  kind  of  possessio,  that  which  has  pri- 
vate land  for  its,  object,  is  demonstrated  by  Savigny 
(the  term  here  used  can  hardly  be  said  to  be  too 
strong)  to  have  arisen  from  the  first  kind  of  pos- 
sessio: and  thus  it  might  readily  be  supposed  that 
the  Roman  doctrine  of  possessio,  as  applied  to  the 
occupation  of  private  land,  would  throw  some  light 
on  the  nature  of  that  original  possessio  out  of  which 
it  grew.  In  the  imperial  period,  public  land  had 
almost  ceased  to  exist  in  the  Italian  peninsula,  but 
the  subject  of  possession  in  private  lands  had  be- 
come a  well-understood  branch  of  Roman  "raw. 
The  remarks  in  the  three  following  paragraphs  are 
from  Savigny's  valuable  work,  Das  Recht  des  Be- 
sitzes.3 

1.  There  were  two  kinds  of  land  in  the  Roman 
state,  ager  publicus  and  ager  privatus :  in  the  latter 
alone  private  property  existed.  But,  conformably 
to  the  old  constitution,  the  greater  part  of  the  ager 
publicus  was  given  over  to  individual  citizens  to 
occupy  and  enjoy;  yet  the  state  had  the  right  of  re- 
suming the  possession  at  pleasure.  Now  we  find 
no  mention  of  any  legal  form  for  the  protection  of 
the  occupier,  or  possessor  as  he  was  called,  of  such 
public  land  against  any  other  individual,  though  ii 
cannot  be  doubted  that  such  a  form  actually  exist- 
ed. But  if  we  assume  that  the  interdict  which  pro- 
tected the  possession  of  an  individual  in  private 
land  was  the  form  which  protected  the  possessor 
of  the  public  land,  two  problems  are  solved  at  the 
same  time  :  an  historical  origin  is  discovered  for 
possession  in  private  land,  and  a  legal  form  for  the 
protection  of  possession  in  public  land. 

An  hypothesis,  which  so  clearly  connects  into 
one  consistent  whole  facts  otherwise  incapable  of 
such  connexion,  must  be  considered  rather  as 
evolving  a  latent  fact,  by  placing  other  known  facts 
in  their  true  relative  position,  than  as  involving  any 
independent  assumption.    Bat  there  is  historical 

evidence  in  support  of  the  hypothesis. 

1.  (viii.,  14.)— 9    (i..  38.)— 3.  (5th  edit.,  p.  172.) 


AGRARI^E  leges. 


AGRARI^E  LEGES. 


2.  The  words  possessio,  possessor,  and  possidere  are 
the  technical  terms  used  by  writers  of  very  different 
ages,  to  express  the  occupation  and  the  enjoyment 
of  the  public  lands ;  that  is,  the  notion  of  a  right  to 
occupy  and  enjoy  public  land  was  in  the  early  ages 
of  the  Republic  distinguished  from  the  right  of  prop- 
erty in  it.  Nothing  was  so  natural  as  to  apply 
this  notion,  when  once  fixed,  to  the  possession  of 
private  land  as  distinct  from  the  ownership ;  and, 
accordingly,  the  same  technical  terms  were  applied 
io  the  possession  of  private  land.  Various  applica- 
tions of  the  word  possessio,  with  reference  to  pri- 
vate land,  appear  in  the  Rbman  law,  in  the  bonorum 
possessio  of  the  praetorian  heres  and  others.  But 
all  the  uses  of  the  word  possessio,  as  applied  to  ager 
privatus,  however  they  may  differ  in  other  respects, 
agreed  in  this :  they  denoted  an  actual  exclusive 
right  to  the  enjoyment  of  a  thing,  without  the  strict 
Roman  (Gluiritarian)  ownership. 

3.  The  word  possessio,  which  originally  signified 
the  right  of  the  possessor,  was  in  time  used  to  sig- 
nify the  object  of  the  right.  Thus  ager  signified 
a  piece  of  land,  viewed  as  an  object  of  Gluiritarian 
ownership;  possessio,  a  piece  of  land,  in  which  a  man 
had  only  a  bonitarian  or  beneficial  interest,  as,  for 
instance,  Italic  land  not  transferred  by  mancipatio, 
or  land  which  from  its  nature  could  not  be  the  sub- 
ject of  Gluiritarian  ownership,  as  provincial  lands 
and  the  old  ager  publicus.  Possessio  accordingly 
implies  usus ;  ager  implies  proprietas  or  ownership. 
This  explanation  of  the  terms  ager  and  possessio  is 
from  a  jurist  of  the  imperial  times,  quoted  by  Sa- 
vigny  j1  but  its  value  for  the  purpose  of  the  present 
inquiry  is  not  on  that  account  the  less.  The  ager 
publicus,  and  all  the  old  notions  attached  to  it,  as 
already  observed,  hardly  occur  in  the  extant  Roman 
jurists ;  but  the  name  possessio,  as  applied  to  pri- 
vate land,  and  the  legal  notions  attached  to  it,  are 
of  frequent  occurrence.  The  form  of  the  interdict 
— uti  possidetis — as  it  appears  in  the  Digest,  is  this : 
Uti  eas  csdcs... possidetis... vim  fieri  veto.  But  the 
original  form  of  the  interdict  was  :  Uti  nunc  possi- 
detis eum  fundum,  &c.  (Festus  in  Possessio) ;  the 
word  fundus,  for  which  aedes  was  afterward  substi- 
tuted, appears  to  indicate  an  original  connexion 
between  the  interdict  and  the  ager  publicus. 

We  know  nothing  of  the  origin  of  the  Roman 
public  land,  except  that  it  was  acquired  by  con- 
quest, and  when  so  acquired  it  belonged  to  the 
state,  that  is,  to  the  populus,  as  the  name  publicus 
(populicus)  imports.  We  may  suppose  that  in  the 
early  periods  of  the  Roman  state,  the  conquered 
lands  being  the  property  of  the  populus,  might  be 
-njoyed  by  the  members  of  that  body,  in  any  way 
that  the  body  might  determine.  But  it  is  not  quite 
clear  how  these  conquered  lands  were  originally 
occupied.  The  following  passage  from  Appian* 
appears  to  give  a  probable  account  of  the  matter, 
and  one  which  is  not  inconsistent  with  such  facts 
as  are  otherwise  known  :  "  The  Romans,"  he  says, 
"  when  they  conquered  any  part  of  Italy,  seized  a 
portion  of  the  lands,  and  either  built  cities  in  them, 
or  sent  Roman  colonists  to  settle  in  the  cities  which 
already  existed.  Such  cities  were  considered  as 
garrison  places.  As  to  the  land  thus  acquired  from 
time  to  time,  they  either  divided  the  cultivated  part 
among  the  colonists,  or  sold  it,  or  let  it  to  farm. 
As  to  the  land  which  had  fallen  out  of  cultivation 
oi  consequence  of  war,  and  which,  indeed,  was  the 
larger  part,  having  no  time  to  allot  it,  they  gave 
public  notice  that  any  one  who  chose  might  in  the 
mean  time  cultivate  this  land,  on  payment  of  part 
of  the  yearly  produce,  namely,  a  tenth  of  the  prod- 
uce of1  arable  land,  and  a  fifth  of  the  produce  of 
oliveyards  and  vineyards.  A  rate  was  also  fixed 
to  be  paid  by  those  who  pastured  cattle  on  this  un- 
divided land,  both  for  the  larger  and  smaller  ani- 

1.  (Javolenus   Pi?.  50,  tit.  16,  s.  115.V— 1.  (Bell    Civ.,  i.,  7.) 


mals.     The  rich  occupied  the  greater  part  of  this 


undivided  land,   and  at  length, 


feeling 


confident 


that  they  should  never  be  deprived  of  it,  and  getting 
hold  of  such  portions  as  bordered  on  their  share*, 
and  also  of  the  smaller  portions  in  the  possession 
of  the  poor,  some  by  purchase  and  others  by  force, 
they  became  the  cultivators  of  extensive  districts 
instead  of  mere  farms.  And,  in  order  that  their 
cultivators  and  shepherds  might  be  free  from  mili- 
tary service,  they  employed  slaves  instead  of  free- 
men ;  and  they  derived  great  profit  from  their  rapid 
increase,  which  was  favoured  by  the  immunity  of 
the  slaves  from  military  service.  In  this  way  the 
great  became  very  rich,  and  slaves  were  numerous 
all  through  the  country.  But  this  system  reduced 
the  numbers  of  the  Italians,  who  were  ground  down 
by  poverty,  taxes,  and  military  service  ;  and  when- 
ever they  had  a  respite  from  these  evils,  they  had 
nothing  to  do,  the  land  being  occupied  by  the  rich, 
who  also  employed  slaves  instead  of  freemen." 
This  passage,  though  it  appears  to  contain  much 
historical  truth,  leaves  the  difficulty  as  to  the  origi- 
nal mode  of  occupation  unsettled  ;  for  we  can 
scarcely  suppose  that  there  were  not  some  rules 
prescribed  as  to  the  occupation  of  this  undivided 
land  more  precise  than  such  a  permission  or  invita- 
tion for  a  general  scramble.  It  must,  indeed,  have 
happened  occasionally,  particularly  in  the  later 
times  of  the  Republic,  that  public  land  was  occupied, 
or  squatted  on  (to  use  a  North  American  phrase),  by 
soldiers  or  other  adventurers. 

But,  whatever  was  the  mode  in  which  these 
lands  were  occupied,  the  possessor,  when  once  in 
possession,  was,  as  we  have  seen,  protected  by  the 
praetor's  interdict.  The  patron  who  permitted  his 
client  to  occupy  any  part  of  his  possessions  as  ten- 
ant at  will  (precario),  could  eject  him  at  pleasure 
by  the  interdictum  de  precario ;  for  the  client  did  r:ot 
obtain  a  possession  by  such  permission  of  his  pa- 
tron. The  patron  would,  of  course,  have  the  same 
remedy  against  a  trespasser.  But  any  individual, 
however  humble,  who  had  a  possession,  was  also 
protected  in  it  against  the  aggression  of  the  rich; 
and  it  was  "  one  of  the  grievances  bitterly  com- 
plained of  by  the  Gracchi,  and  all  the  pa*'  -»s  of 
their  age,  that  while  a  soldier  was  serving  against 
the  enemy,  his  powerful  neighbour,  who  coveted 
his  small  estate,  ejected  his  wife  and  children." — 
(Nieb.)  The  state  could  not  only  grant  the  occu- 
pation or  possession  of  its  public  land,  but  could 
sell  it,  and  thus  convert  public  into  private  land. 
A  remarkable  passage  in  Orosius1  shows  that  pub- 
lic lands,  which  had  been  given  to  certain  religious 
corporations  to  possess,  were  sold  in  order  to  raise 
money  for  the  exigencies  of  the  state.  The  selling 
of  that  land  which  was  possessed,  and  the  circum- 
stance of  the  possession  having  been  a  grant  or 
public  act,  are  both  contained  in  this  passage. 

The  public  lands  which  were  occupied  by  pos- 
sessors were  sometimes  called,  with  reference  to 
such  possession,  occupoitorii ;  and,  with  respect  to  the 
state,  concessi.  Public  land  which  became  private 
by  sale  was  called  qucestorius;  that  which  is  often 
spoken  of  as  assigned  (assignatus)  was  marked  out 
and  divided  (limitatus)  among  all  the  plebeians  in 
equal  lots,  and  given  to  them  in  absolute  ownership, 
or  it  was  assigned  to  the  persons  who  were  sent  out 
as  a  colony.  Whether  the  land  so  granted  to  the 
colony  should  become  Roman  or  not,  depended  on 
the  nature  of  the  colony.  The  name  ager  publicus 
was  given  to  public  lands  which  were  acquired 
even  after  the  pfebs  had  become  one  of  the  estates  in 
the  Roman  Constitution,  though  the  name  publicus, 
in  its  original  sense,  could  no  longer  be  strictly  ap- 
plicable to  such  public  lands.  It  should  be  observ- 
ed, that  after  the  establishment  of  the  plebs,  the 
possession  of  public  land  was  the  peculiar  privi- 


1.  (Savigny,  p.  176,  p^«.) 


35 


AGRARIJE  LEGES. 


AGRARI^l  LEGES. 


lege  d  the  patricians,  as  before  the  establishment 
of  t.ie  nlebs  it  seems  to  have  been  the  only  way  in 
whicl  public  lands  were  enjoyed  by  the  populus : 
the  assignment,  tha:  is,  the  grant  by  the  state  of  the 
ownc  rsMp  of  public  land  in  fixed  shares,  was  the 
privilege  of  the  plebs.  In  the  early  ages,  when  the 
popi  lus  was  the  state,  it  does  not  appear  that  there 
was  any  assignment  of  public  lands  among  them, 
though  it  may  be  assumed  that  public  lands  would 
occasionally  be  sold;  the  mode  of  enjoyment  of 
pub.ic  land  was  that  of  possessio,  subject,  as  al- 
ready observed,  to  an  annual  payment  to  the  state. 
It  may  be  conjectured  that  this  ancient  possessio, 
which  we  cannot  consider  as  having  its  origin  in 
anything  else  than  the  consent  of  the  state,  was  a 
good  title  to  the  use  of  the  land  so  long  as  the  an- 
nual payments  were  made.  At  any  rate,  the  plebs 
had  no  claim  upon  such  ancient  possessions.  But 
with  the  introduction  of  the  plebs  as  a  separate  es- 
tate, and  the  constant  acquisition  of  new  lands  by 
conquest,  it  would  seem  that  the  plebs  had  as  good 
a  title  to  a  share  of  the  newly-conquered  lands,  as 
the  patricians  to  the  exclusive  enjoyment  of  those 
lands  which  had  been  acquired  by  conquest  before 
the  plebs  had  become  an  estate.  The  determina- 
tion of  what  part  of  newly-conquered  lands  (arable 
and  vineyards)  should  remain  public,  and  what  part 
should  be  assigned  to  the  plebs,  which,  Niebuhr 
says,  "  it  need  scarcely  be  observed,  was  done  after 
the  completion  of  every  conquest,"  ought  to  have 
been  an  effectual  way  of  settling  all  disputes  be- 
tween the  patricians  and  plebs  as  to  the  possessions 
of  the  former ;  for  such  an  appropriation,  if  it  were 
actually  made,  could  have  no  other  meaning  than 
that  the  patricians  were  to  have  as  good  title  to  pos- 
sess their  share  as  the  plebs  to  the  ownership  of 
their  assigned  portions.  The  plebs,  at  least,  could 
never  fairly  claim  an  assignment  of  public  land, 
appropriated  to  remain  such,  at  the  time  when  they 
received  the  share  of  the  conquered  lands  to  which 
they  were  entitled.  But  the  fact  is,  that  we  have 
no  evidence  at  all  as  to  such  division  between  lands 
appropriated  to  remain  public  and  lands  assigned 
in  ownership,  as  Niebuhr  assumes.  All  that  we 
know  is,  that  the  patricians  possessed  large  tracts  of 
public  land,  and  that  the  plebs  from  time  to  time 
claimed  and  enforced  a  division  of  part  of  them. 
In  such  a  condition  of  affairs,  many  difficult  ques- 
tions might  arise ;  and  it  is  quite  as  possible  to  con- 
ceive that  the  claims  of  the  plebs  might  in  some 
cases  be  as  unjust  and  ill-founded  as  the  conduct 
of  the  patricians  was  alleged  to  be  rapacious  in  ex- 
tending their  possessions.  It  is  also  easy  to  con- 
ceive that,  in  the  course  of  time,  owing  to  sales  of 
possessions,  family  settlements,  and  other  causes, 
boundaries  had  often  become  so  confused  that  the 
equitable  adjustment  of  rights  under  an  agrarian 
law  was  impossible;  and  this  is  a  difficulty  which 
A  ppian1  particularly  mentions. 

Pasture-lands,  it  appears,  were  not  the  subject  of 
assignment,  and  were  probably  possessed  by  the  pa- 
tricians and  the  plebs  indifferently. 

The  property  of  the  Roman  people  consisted  of 
many  things  besides  land.  The  conquest  of  a  ter- 
ritory, unless  special  terms  were  granted  to  the  con- 
quered, seems  to  have  implied  the  acquisition  by  the 
Roman  state  of  the  conquered  territory  and  all  that  it 
contained.  Thus  not  only  would  land  be  acquired, 
which  was  available  for  com,  vineyards,  and  pas- 
ture, but  mines,  roads,  rivers,  harbours,  and,  as  a 
consequence,  tolls  and  duties.  If  a  Roman  colony 
was  sent  out  to  occupy  a  conquered  territory  or 
town,  a  part  of  the  conquered  lands  was  assigned 
to  the  colonists  in  complete  ownership.  (Vid.  Co- 
lonia.)  The  remainder,  it  appears,  was  left  or  re- 
stored to  the  inhabitants.  Not  that  we  are  to  un- 
derstand that  they  had  the  property  in  the  land  as 


36 


i    (i.,  10,  18.) 


they  had  before ;  but  it  appears  that  they  were  sub- 
ject to  a  tax,  the  produce  of  which  belonged  tc  the 
Roman  people.  Niebuhr  seems  to  suppose  that  the 
Roman  state  might  at  any  time  resume  such  re- 
stored lands ;  and,  no  doubt,  the  right  of  resumption 
was  involved  in  the  tenure  by  which  these  lands 
were  held;  but  it  may  be  doubted  if  the  resumption 
of  such  lands  was  ever  resorted  to  except  in  extra- 
ordinary cases,  and  except  as  to  conquered  lands 
which  were  the  public  lands  of  the  conquered  state. 
Private  persons,  who  were  permitted  to  retain  their 
lands  subject  to  the  payment  of  a  tax,  were  not  the 
possessors  to  whom  the  agrarian  laws  applied.  In 
many  cases,  large  tracts  of  land  were  absolutely 
seized,  their  owners  having  perished  in  battle  or 
been  driven  away,  and  extensive  districts,  either  not 
cultivated  at  all  or  very  imperfectly  cultivated,  be- 
came the  property  of  the  state.  Such  lands  as  were 
unoccupied  could  become  the  subject  of  possessio; 
and  the  possessor  would  in  all  cases,  and  in  what- 
ever manner  he  obtained  the  land,  be  liable  to  a 
payment  to  the  state,  as  above  mentioned  in  the  ex- 
tract from  Appian.  This  possessio  was  a  real  in- 
terest, for  it  was  the  subject  of  sale :  it  was  the  use 
(usus)  of  the  land ;  but  it  was  not  the  ager  or  prop- 
erty. The  possessio  strictly  could  not  pass  by  the 
testament  of  the  possessor,  at  least  not  by  the  man- 
cipation It  is  not  easy,  therefore,  to  imagine  any 
mode  by  which  the  possession  of  the  heres  was  pro- 
tected, unless  there  was  a  legal  form,  such  as  Savig- 
ny  has  assumed  to  exist  for  the  general  protection 
of  possessiones  in  the  public  lands. 

The  possessor  of  public  land  never  acquired  the 
ownership  by  virtue  of  his  possession ;  it  was  not 
subject  to  usucapion.  The  ownership  of  the  land 
which  belonged  to  the  state  could  only  be  acquired 
by  the  grant  of  the  ownership,  or  by  purchase  from 
the  state.  The  state  could  at  any  time,  according 
to  strict  right,  sell  that  land  which  was  only  pos- 
sessed, or  assign  it  to  another  than  the  possessor. 
The  possession  was,  in  fact,  with  respect  to  the 
state,  a  precarium;  and  we  may  suppose  that  the 
lands  so  held  would  at  first  receive  few  permanent 
improvements.  In  course  of  time,  and  particularly 
when  the  possessors  had  been  undisturbed  for  many 
years,  possession  would  appear,  in  an  equitable 
point  of  view,  to  have  become  equivalent  to  owner- 
ship ;  and  the  hardship  of  removing  the  possessors 
by  an  agrarian  law  would  appear  the  greater,  after 
the  state  had  long  acquiesced  in  their  use  and  occu- 
pation of  the  public  land. 

In  order  to  form  a  correct  judgment  of  some  of 
those  enactments  which  are  most  frequently  cited 
as  agrarian  laws,  it  must  be  borne  in  mind  that  the 
possessors  of  public  lands  owed  a  yearly  tenth,  or 
fifth,  as  the  case  might  be,  to  the  state.  Indeed,  it 
is  clear,  from  several  passages,2  that,  under  the  Re- 
public at  least,  the  receipt  of  anything  by  the  state 
from  the  occupier  of  land  was  a  legal  proof  that  the 
land  was  public;  and  conversely,  public  land  al- 
ways owed  this  annual  payment.  These  annual 
payments  were,  it  seems,  often  withheld  by  the  pos- 
sessors, and  thus  the  state  was  deprived  of  a  fund 
for  the  expenses  of  war. 

The  object  of  the  agrarian  law  of  Sp.  Cassius  is 
supposed  by  Niebuhr  to  have  been  "  that  the  por- 
tion of  the  populus  in  the  public  lands  should  be  set 
apart;  that  the  rest  should  be  divided  among  the 
plebeians;  that  the  tithe  should  again  be  levied,  and 
applied  to  paying  the  army."  The  agrarian  law  ol 
Licinius  Stolo  limited  each  individual's  possession 
of  public  land  to  500  jugera,  and  imposed  some 
other  restrictions;  but  the  possessor  had  no  better 
title  to  the  500  jugera  which  the  law  left  him  than 
he  formerly  had  to  what  the  law  took  from  him. 
The  surplus  land,  according  to  the  provisions  of 
the  law,  was  to  be  divided  among  the  plebeians. 

1.  (Gaius,  ii.,  102.)— 2     I  <v    ?tri.,  1?  > 


AGRAKUE  LEGES. 


AGRARliE  LEGES. 


The  Licinian  law  not  effecting  its  object,  T.  S. 
Gracchus  revived  the  measure  for  limiting  the  pos- 
session of  public  land  to  500  jugera.  The  argu- 
ments of  the  possessors  against  this  measure,  as 
they  are  stated  by  Appian,1  are  such  as  might  rea- 
sonably be  urged ;  but  he  adds  that  Gracchus  pro- 
posed to  give  to  each  possessor,  by  way  of  compen- 
sation for  improvements  made  on  the  public  land, 
die  full  ownership  of  500  jugera,  and  half  that  quan- 
tity to  each  of  his  sons,  if  he  had  any.  If  it  is  true, 
as  Appian  states,  that  the  law  of  Gracchus  forbade 
the  rich  from  purchasing  any  of  the  lands  which 
might  be  allotted  to  the  plebeians  by  his  agrarian 
law,  this  part  of  the  measure  was  as  unjust  as  it 
was  impolitic.  The  lands  which  the  Roman  peo- 
ple had  acquired  in  the  Italian  peninsula  by  con- 
quest were  greatly  reduced  in  amount  by  the  laws 
of  Gracchus  and  by  sale.  Confiscations  in  the  civil 
wars,  and  conquests  abroad,  were  indeed  continu- 
ally increasing  the  public  lands;  but  these  lands 
were  allotted  to  the  soldiers  and  the  numerous  col- 
onists to  whom  the  state  was  continually  giving 
lands  (see  the  list  in  Frontinus,  De  Coloniis  Italia). 
The  system  of  colonization  which  prevailed  during 
the  Republic  was  continued  under  the  emperors, 
and  considerable  tracts  of  Italian  land  were  dispo- 
sed of  in  this  manner  by  Augustus  and  his  suc- 
cessors. Vespasian  assigned  lands  in  Samnium  to 
his  soldiers,  and  grants  of  Italian  lands  are  men- 
tioned by  subsequent  emperors,  though  we  may  in- 
fer that,  at  the  close  of  the  second  century  of  our 
aera,  there  was  little  public  land  left  in  the  peninsu- 
la. Vespasian  sold  part  of  the  public  lands  called 
subseciva,  a  term  which  expressed  such  parts  as  had 
not  been  assigned,  when  the  other  parts  of  the  same 
district  had  been  measured  and  distributed.  Domi- 
tian,  according  to  Aggenus,  gave  the  remainder  of 
such  lands  all  through  Italy  to  the  possessors.  The 
conquests  beyond  the  limits  of  Italy  furnished  the 
emperors  with  the  means  of  rewarding  the  veterans 
by  grants  of  J  and ;  and  in  this  way  the  institutions  of 
Rome  were  planted  on  a  foreign  soil.  But,  accord- 
ing to  Gaius,  property  in  the  land  was  not  acquired 
by  such  grant;  the  ownership  was  still  in  the  state, 
and  the  provincial  landholder  had  only  the  posses- 
sio.  If  this  be  true,  as  against  the  Roman  people 
or  the  Caesar,  his  interest  in  the  land  was  one  that 
might  be  resumed  at  any  time,  according  to  the 
strict  rules  of  law,  though  it  is  easily  conceived 
that  such  foreign  possessions  would  daily  acquire 
strength,  and  could  not  safely  be  dealt  with  as  pos- 
sessions had  been  in  Italy  by  the  various  agrarian 
laws  which  had  convulsed  the  Roman  state.  This 
assertion  of  the  right  of  the  populus  Romanus  and 
of  the  emperors  might  be  no  wrong  "  inflicted  on 
provincial  land-owners  by  the  Roman  jurispru- 
dence," as  Niebuhr  affirms.  This  same  writer 
also  observes,  that  Frontinus  speaks  of  the  "  arva 
publico,  in  the  provinces,  in  contradistinction  to  the 
agri  privati  there;"  but  this  he  does  not.  This 
contradistinction  is  made  by  his  commentator  Ag- 
genus, who,  as  he  himself  says,  only  conjectures  the 
meaning  of  Frontinus ;  and,  as  we  think,  he  has  not 
discovered  it.2  The  tax  paid  by  the  holders  of  ager 
privatus  in  the  provinces  was  the  only  thing  which 
distinguished  the  beneficial  interest  in  such  land  from 
Italic  land,  and  might  be,  in  legal  effect,  a  recogni- 
tion of  \az  ownership  according  to  Roman  law. 
And  this  was  Savigny  s  earlier  opinion  with  respect 
to  the  tax  paid  by  provincial  lands ;  he  considered 
such  tax  due  to  the  Roman  people,  as  the  sovereign 
or  ultimate  owner  of  the  lands.  His  later  opinion. 
bj  expressed  in  the  Zeilschrift  for  Geschichtliche 
Recktswissenschaft*  is,  that  under  the  Caesars  a  uni- 
form system  of  direct  taxation  was  established  in 
the  provinces,  to  which  all  provincial  land  was 
Subject ;  but  land  in  Italy  was  free  from  this  tax, 


1.  (Bell.  Civ.,  i.,  10.)— 2.  (Frontinus.de  Re  Agraria.)  -3.  (vol. 
.,  p.  9M.  t 


ana  a  provincial  town  could  only  acquire  the  like 
freedom  by  receiving  the  privilege  expressed  by  the 
term  jus  Italicum.  The  complete  solution  of  the 
question  here  under  discussion  could  only  be  ef- 
fected by  ascertaining  the  origin  and  real  nature  of 
this  provincial  land-tax  ;  and  as  it  may  be  difficult, 
if  not  impossible,  to  ascertain  such  facts,  we  must 
endeavour  to  give  a  probable  solution.  Now  it  is 
consistent  with  Roman  notions  that  all  conquered 
land  should  be  considered  as  the  property  of  the 
Roman  state;  and  it  is  certain  that  such  land, 
though  assigned  to  individuals,  did  not  by  that  cir- 
cumstance alone  become  invested  with  all  the 
characters  of  Roman  land  which  was  private  prop- 
erty. It  had  not  the  privilege  of  the  jus  Italicum, 
and,  consequently,  could  not  be  the  object  of  Cluiri- 
tarian  ownership,  with  its  incidents  of  mancipatio, 
&c.  All  land  in  the  provinces,  including  even  that 
of  the  libera  civitates,  and  the  ager  publicus  prop- 
erly so  called,  could  only  become  an  object  of 
Gluiritarian  ownership  by  having  conferred  upon  it 
the  privilege  of  Italic  land,  by  which  it  was  also 
released  from  the  payment  of  the  tax.  It  is  clear 
that  there  might  be  and  was  ager  privatus,  or  pri- 
vate property,  in  provincial  land  ;  but  this  land  had 
not  the  privileges  of  Italic  land,  unless  such  priv- 
ilege was  expressly  given  to  it,  and,  accordingly,  it 
paid  a  tax.  As  the  notions  of  landed  property  in 
all  countries  seem  to  suppose  a  complete  ownership 
residing  in  some  person,  and  as  the  provincial  land- 
owner, whose  lands  had  not  the  privilege  of  the  jus 
Italicum,  had  not  that  kind  of  ownership  which, 
according  to  the  notions  of  Roman  law,  was  com- 
plete ownership,  it  is  difficult  to  conceive  that  the 
ultimate  ownership  of  provincial  lands  (with  the 
exception  of  those  of  the  liberae  civitates)  could 
reside  anywhere  else  than  in  the  pc  pulus  Romanus, 
and,  after  the  establishment  of  the  imperial  power, 
in  the  populus  Romanus  or  the  Caesar.  This  ques- 
tion is,  however,  one  of  some  difficulty,  and  well 
deserves  farther  examination.  It  may  be  doubted, 
however,  if  Gaius  means  to  say  that  there  could 
be  no  Gluiritarian  ownership  of  private  land  in  the 
provinces ;  at  least  this  would  not  be  the  case  in 
those  districts  to  which  the  jus  Italicum  was  ex- 
tended. The  case  of  the  Recentoric  lands,  which 
is  quoted  by  Niebuhr,1  may  be  explained.  The 
land  here  spoken  of  was  land  in  Sicily.  One  ob- 
ject of  the  measure  of  Rullus  was  to  exact  certain 
extraordinary  payments  (vectigal)  from  the  public 
lands,  that  is,  from  the  possessors  of  them ;  but  he 
excepted  the  Recentoric  lands  from  the  operation 
of  his  measure.  If  this  is  private  land,  Cicero 
argues,  the  exception  is  unnecessary.  The  argu- 
ment, of  course,  assumes  that  there  was  or  might 
be  private  land  in  Sicily;  that  is,  there  was  or 
might  be  land  which  would  not  be  affected  by  this 
part  of  the  measure  of  Rullus.  Now  the  opposition 
of  public  and  private  land  in  this  passage  certainly 
proves,  what  can  easily  be  proved  without  it,  that 
individuals  in  the  provinces  owned  land  as  individ- 
uals did  in  Italy  ;  and  such  land  might  with  pro- 
priety be  called  privates,  as  contrasted  with  that 
called  publicus  in  the  provinces:  in  fact,  it  would 
not  be  easy  to  have  found  anothe  r  name  for  it.  But 
we  know  that  ager  privatus  in  the  provinces,  unless 
it  had  received  the  jus  Italicum,  was  not  the  same 
thing  as  ager  privatus  in  Italy,  though  both  were 
private  property.  Such  a  passage,  then,  leads  to 
no  necessary  conclusion  that  the  ultimate  owner- 
ship or  dominion  of  this  private  land  was  not  in  the 
Roman  people.  It  may  be  as  well  here  to  remarK 
farther,  that  any  conclusions  as  to  Roman  law,  de- 
rived solely  from  the  orations  of  Cicero,  are  to  be 
received  with  caution  ;  first,  because  on  several 
occasions  (in  the  Pro  Ccecina  for  instance)  he  states 
that  to  be  law  which  was  not,  for  the  purpose  of 


1     (ClC.  r    Pull.,  i..  4.> 


« 


AGRiMEJNSORES. 


AGRIMEJNSORES. 


maintaining  his  argument ;  and,  secondly,  because 
it  was  a  subject  on  which  his  knowledge  was  prob- 
ablv  not  very  exact. 

It  only  remains  briefly  to  notice  the  condition  of 
the  public  land  with  respect  to  the  fructus,  or  vecti- 
gal, which  belonged  to  the  state.  This,  as  already 
observed,  was  generally  a  tenth,  and  hence  the  ager 
publicus  was  sometimes  called  decumanus  ;  it  was 
also  sometimes  called  ager  vectigalis.  The  tithes 
were  generally  farmed  by  the  publicani,  who  paid 
their  rent  mostly  in  money,  but  sometimes  in  grain. 
The  letting  was  managed  by  the  censors,  and  the 
lease  was  for  five  years.  The  form,  however,  of 
leasing  the  tenths  was  that  of  a  sale,  mancipatio.  In 
course  of  time,  the  word  locatio  was  applied  to  these 
leases.  The  phrase  used  by  the  Roman  writers 
was  originally  fructus  locatio,  which  was  the  proper 
expression ;  but  we  find  the  phrase  agrum  frucndum 
locare  also  used  in  the  same  sense,  an  expression 
which  might  appear  somewhat  ambiguous  ;  and 
even  agrum  locare,  which  might  mean  the  leasing 
of  the  public  lands,  and  not  of  the  tenths  due  from 
the  possessors  of  them.  It  is,  however,  made  clear 
by  Niebuhr,  that  in  some  instances,  at  least,  the 
phrase  agrum  locare  does  mean  the  leasing  of  the 
tenths  ;  whether  this  was  always  the  meaning  of 
the  phrase,  it  is  not  possible  to  affirm. 

Though  the  term  ager  vectigalis  originally  ex- 
pressed the  public  land,  of  which  the  tithe  was 
leased,  it  afterward  came  to  signify  lands  which 
were  leased  by  the  state  or  by  different  corpora- 
tions. This  latter  description  would  comprenend 
even  the  ager  publicus  ;  but  this  kind  of"  public 
property  was  gradually  reduced  to  a  small  amount ; 
and  we"  find  the  term  ager  vectigalis,  in  the  later 
period,  applied  to  the  lands  of  towns  which  were  so 
leased  that  the  lessee,  or  those  who  derived  their 
iithe  from  him,  could  not  be  ejected  so  long  as  they 
paid  the  vectigal.  This  is  the  ager  vectigalis  of 
the  Digest,1  on  the  model  of  which  was  formed  the 
emphyteusis,  or  ager  emphyteuticarius.  (Via1.  Em- 
phyteusis.) The  rights  of  the  lessee  of  the  ager 
vectigalis  were  different  from  those  of  a  possessor 
of  the  old  ager  publicus,  though  the  ager  vectigalis 
was  derived  from,  and  was  only  a  new  form  of,  the 
ager  publicus.  Though  he  had  only  a  jus  in  re,  and 
though  he  is  distinguished  from  the  owner  {dominus), 
yet  he  was  considered  as  having  the  possession  of 
the  land.  He  had,  also,  a  right  of  action  against 
the  town,  if  he  was  ejected  from  his  land,  provided 
he  had  always  paid  his  vectigal.2 

AGRAU'LIA  (aypavlia)  was  a  festival  celebra- 
ted by  the  Athenians  in  honour  of  Agraulos,  the 
daughter  of  Cecrops.  We  possess  no  particulars 
respecting  the  time  or  mode  of  its  celebration ;  but 
it  was,  perhaps,  connected  with  the  solemn  oath, 
which  all  Athenians,  when  they  arrived  at  man- 
hood (e(prj6oL),  where  obliged  to  take  in  the  temple 
of  Agraulos,  that  they  would  fight  for  their  coun- 
try, and  always  observe  its  laws.3 

Agraulos  was  also  honoured  with  a  festival  in 
Cyprus,  in  the  month  Aphrodisius,  at  which  human 
victims  were  offered.* 

AG'RETAI  (aypiTai),  the  name  of  nine  maidens, 
who  were  chosen  every  year,  in  the  Island  of  Cos, 
as  priestesses  of  Athena  (Minerva). 

AGRIA'NIA  (aypcavla)  was,  according  to  He- 
sychius,  a  festival  celebrated  at  Argos,  in  memory 
of  a  deceased  person,  and  was,  probably,  the  same 
as  the  festival  called  Agrania.  The  Agriania  was 
also  celebrated  at  Thebes,  with  solemn  sports. 

AGRIMENSO'RES,  or  "  land-surveyors,"  a  col- 


1.  (vi.,  tit.  3.) — 2.  (Niebuhr,  Rom.  Hist. — Savigny,  das  Recht 
des  Besitzes,  5th  ed. — Cicero,  c.  Rull.  ;  and  the  other  authori- 
ties already  referred  to  in  the  course  of  the  article.) — 3.  (Ly- 
ping-.,  c.  Leocr.,  c.  18,  p.  189.— Demosth.,  de  Legat.,  c.  84,  p. 
<!38.— Plut.,  Alcib.,  c.  15.— Stobaeus,  Serm.,  xli.,  141.— Scho- 
lmmn,  de  Comit.  Athen.,  p.  331. — Wachsmuth,  Hellen.  Alterth., 
L,  i.,  p.  252.) — 4.  (Porphyr.,  de  Abstin.  ab  Anim.,  i.,  2.) 

38 


lege  established  under  the  Roman  emperors.    Like 
the  jurisconsults,  they  had  regular  schools,  and 
were  paid  handsome  salaries  by  the  state.     Theii 
business  was  to  measure  unassigned  lands  for  the 
state,  and  ordinary  lands  for  the  proprietors,  and  to 
fix  and  maintain  boundaries.    Their  writings  on 
the  subject  of  their  art  were  very  numerous  ;   and 
we  have  still  scientific  treatises  on  the  law  of 
boundaries,  such  as  those  by  Frontinus  and  Hygi- 
nus.     They  were  sometimes  vested  with  judicial 
power,  and  were  called  spectaMles  and  clarissimi  in 
the  time  of  Theodosius  and  Valentinian.    As  par-  \ 
titioners  of  land,  the  agrimensores  were  the  success-  ' 
ors  of  the  augurs,  and  the  mode  of  their  limitatio 
was  derived  from  the  old  augurial  method  of  form- 
ing the  templum.     The  word  templum,  like  the  Greek 
Te/iEvoc,  simply  means  a  division  ;  its  application  to 
signify  the  vault  of  the  heavens  was  due  to  the  fact 
that  the  directions  were  always  ascertained  accord- 
ing to  the  true  cardinal  points.    At  the  inauguration 
of  a  king1  or  consul,2  the  augur  looked  towards  the 
east,  and  the  person  to  be  inaugurated  towards  the 
south.    Now,  in  a  case  like  this,  the  person  to  be 
inaugurated  was  considered  the  chief,  and  the  di- 
rection in  which  he  looked  was  the  main  direction. 
Thus  we  find  that  in  the  case  of  land-surveying  the 
augur  looked  to  the  south  :3  for  the  gods  were  sup- 
posed to  be  in  the  north,  and  the  augur  was  con- 
sidered as  looking  in  the  same  manner  in  which 
the  gods  looked  upon  the  earth.*    Hence  the  main 
line  in  land-surveying  was  drawn  from  north  to 
south,  and  was  called  cardo,  as  corresponding  to 
the  axis  of  the  world ;  the  line  which  cut  it  was 
termed  decumanus,  because  it  made  the  figure  of  a 
cross,  like  the  numeral  X.    These  two  lines  were 
produced  to  the  extremity  of  the  ground  which  was 
to  be  laid  out,  and  parallel  to  these  were  drawn 
other  lines,  according  to  the  size  of  the  quadrangle 
required.     The  limits  of  these  divisions  were  indi- 
cated by  balks,  called  limites,  which  were  left  as 
high  roads,  the  ground  for  them  being  deducted 
from  the  land  to  be  divided.    As  every  sixth  was 
wider  than  the  others,  the  square  bordering  upon 
this  would  lose  pro  tanto.     The  opposition  of  via 
and  limes  in  this  rectangular  division  of  property 
has  not  been  sufficiently  attended  to  by  scholars. 
It  appears  that,  if  the  line  from  north  to  south  was 
called  limes,  that  from  east  to  west  would  be  named 
via,  and  vice  versa.    Virgil  was,  as  is  well  known, 
very  accurate  in  his  use  of  words,  and  we  may  en- 
tirely depend  on  inferences  drawn  from  his  lan- 
guage.   First,  he  uses  limes  in  its  stricter  sense  as 
a  term  of  land-surveying : 

"  Ante  Jovem  nulli  subigebant  arva  coloni, 
Nee  signare  quidem,  aut  paHiri  limite  campum 
Fas  erat."5 
Again,  in  speaking  of  planting  vines  in  regulat 
rows,  he  says  : 

"  Omnis  in  unguem 
Arboribus  positis  secto  via  limite  quadret  ;"6 

i.  e.,  "  let  every  via  be  exactly  perpendicular  to  the 
limes  which  it  cuts."  He  says  quadret,  for  the  term 
via  might  be  used  in  speaking  of  a  fine  which  cut 
another  obliquely,  as  it  is  used  in  the  description 
of  the  ecliptic,  in  Virgil : 

"  Via  secta  per  ambas, 
Obliquus  qua  se  signorum  verteret  or  do."'1 

These  passages  are  sufficient  to  prove  that  via 
and  limes  are  used  in  opposition  to  one  another. 
The  following  authorities  will  show  that  via  means 
the  principal  or  high  road ;  and  limes,  a  narrower 
cross  road,  where  roads  are  spoken  of.  In  the  first 
place,  the  Twelve  Tables  laid  down  that  the  via. 
should  be  eight  feet  wide  when  straight,  but  twelve 

1.  (Liv.,  i.,  18.)— 2.  (Dionys.,  ii.,  5.)— 3.  (Varro,  ap.  Fron- 
tin.,  p.  215.)— 4.  (Festus,  s.  v.  Sinistra.)— 5.  (Georg.,  i.,  126  >  - 
6.  (Georg.,  ii.,  278.)— 7.  (Georg.,  i.,  238.) 


AGROSTIS. 


A1GE1ROS. 


feet  at  the  turning ;  and  it  is  expressly  distinguished 
bv  Festus  from  (he  iter  of  two  feet  wide,  and  the 
actus  of  four  feet  wide.  Secondly,  in  Livy1  we 
have  "  intra  earn  (portam)  extract: e  lata  sunt  vice,  ct 
extra  limes"  &c,  "  eo  limite,"  &c. ;  and  in  the  same 
author,2  "  transversis  limitibus  in  viam  Latinam  est 
egressus  •"  and  Tacitus3  says,  "  Per  limitem  vice 
sparguntur  fcstinatione  consectandi  victores."  When 
land  was  not  divided,  it  was  called  arcifinius,  or 
arcifinalis;  the  ager  publicus  belonged  to  this  class. 

The  reader  will  find  two  very  valuable  articles 
on  the  Limitatio  and  the  Agrimensores  in  the  Appen- 
dices to  Niebuhr's  Roman  History,  vol.  ii. 

*AGRIMO'NIA,  the  herb  Agrimony,  called  also 
Eupatorium  (EinraTvoLov),  from  its  having  been  dis- 
covered by  Mithradates  Eupator.* 

AGRIO'NIA  (dypiuvia),  a  festival  which  was 
celebrated  at  Orchomenus,  in  Bceotia,  in  honour  of 
Dionysus,  surnamed  'Aypiuvioc.  It  appears  from 
Plutarch5  that  this  festival  was  solemnized  only  by 
women  and  priests  of  Dionysus.  It  consisted  of  a 
kind  of  game,  in  which  the  women  for  a  long  time 
acted  as  if  seeking  Dionysus,  and  at  last  called  out 
to  one  another  that  he  had  escaped  to  the  Muses, 
and  had  concealed  himself  with  them.  After  this 
they  prepared  a  repast ;  and  having  enjoyed  it, 
amused  themselves  with  solving  riddles.  This  fes- 
tival was  remarkable  for  a  feature  which  proves  its 
great  antiquity.  Some  virgins,  who  were  descend- 
ed from  the  Minyans,  and  who  probably  used  to 
assemble  around  the  temple  on  the  occasion,  fled, 
and  were  followed  by  the  priest  armed  with  a  sword, 
who  was  allowed  to  kill  the  one  whom  he  first 
caught.  This  sacrifice  of  a  human  being,  though 
originally  it  must  have  formed  a  regular  part  of  the 
festival,  seems  to  have  been  avoided  in  later  times. 
One  instance,  however,  occurred  in  the  days  of 
Tlutarch.6  But,  as  the  priest  who  had  killed  the 
woman  was  afterward  attacked  by  disease,  and 
several  extraordinary  accidents  occurred  to  the 
Minyans,  the  priest  and  his  family  were  deprived 
of  their  official  power.  The  festival  is  said  to  have 
been  derived  from  the  daughters  of  Minyas,  who, 
after  having  for  a  long  time  resisted  the  Bacchana- 
lian fury,  were  at  length  seized  by  an  invincible 
desire  of  eating  human  flesh.  They  therefore  cast 
lots  on  their  own  children,  and  as  Hippasus,  son 
of  Leucippe,  became  the  destined  victim,  they 
killed  and  ate  him,  whence  the  women  belonging  to 
that  race  were  at  the  time  of  Plutarch  still  called 
the  destroyers  (bXelai  or  alokalat),  and  the  men 
mourners  {-tyoXoziQ)? 

♦AGRIOPHYLL'ON  (uypto^vllov),  a  plant,  the 
same  with  the  Peucedanum  (UevKtdavov),  our  "  Hogs- 
fennel,"  or  "Sulphur-wort."8 

AGRON'OMI  (aypovofj.01)  are  described  by  Aris- 
totle as  the  country  police,  whose  duties  correspond- 
ed in  most  respects  to  those  of  the  astynomi  in  the 
city.9  They  appear  to  have  performed  nearly  the 
same  duties  as  the  hylori  (vlcopoi).  Aristotle  does 
not  inform  us  in  what  state  they  existed ;  but,  from 
the  frequent  mention  of  them  by  Plato,  it  appears 
probable  that  they  belonged  to  Attica.10 

*AGROSTTS  {aypuvTig),  a  plant.  Schneider  and 
Sprengel  remark,  that  nearly  all  the  commentators 
agree  in  referring  it  to  the  Triticum  repens,  L.,  or 
Ci  mch-grass.  Stackhouse,  however,  is  content  with 
simply  marking  the  uypuang  of  Theophrastus  as  the 
Agrostis.  The  brief  description  of  the  uypuaric  kv 
ru  TlapvaaoC),  given  by  Dioscorides,  would  seem  to 
point  to  the  Parnassia  palustris,  or  "  Grass  of  Par- 
nassus."11 

1.  (xxxi.,  24.)— 2.  (xxii.,  12.)— 3.  (Hist.,  iii.,  25.)— 4.  (Dios- 
ror  ,  iv.,  41.— Plin.,  H.  N.,  xxv.,  6.)— 5.  (Qujest.  Rom.,  102.)— 
R.  (Qusest.  Grajc,  38.) — 7.  (Miiller,  Die  Minyen,  p.  166,  seqq.) 
—8.  (Apul.,  de  Herb.,  c.  95.— Theophrast.,  H.  P.,  ix.,  14.— Dios- 
cor., iii.,  82.)— 9.  (Polit.,  vi.,  5.)— 10.  (Plato,  Legg.,  vi.,  9.— 
Timaei  Lexicon,  and  Ruhnken's  note,  in  which  several  passages 
are  quoted  fron!  Plato  )~  11  (Dioscor.,  i?  30,  32.— Theophrast., 
H.  P  ,  v,  6.  seco-l 


ArPOT'EPAS  GT'SIA  (ayporepac,  Svoia),  a  festi. 
val  celebrated  every  year  at  Athens  in  honour  ol 
Artemis,  surnamed  Agrotera  (from  dypa,  chase). 
It  was  solemnized,  according  to  Plutarch,1  on  the 
sixth  of  the  month  of  Boedromion.  and  consisted  in 
a  sacrifice  of  500  goats,  which  continued  to  be  offer- 
ed in  the  time  of  Xenophon.2  Its  origin  is  thus  re- 
lated :  When  the  Persians  invaded  Attica,  Callim- 
achus  the  polemarch,  or,  according  to  others,  Mil- 
tiades,  made  a  vow  to  sacrifice  to  Artemis  Agiote- 
ra  as  many  goats  as  there  should  be  enemies  slain 
at  Marathon.  But  when  the  number  of  enemies 
slain  was  so  great  that  an  equal  number  of  goats 
could  not  be  found  at  once,  the  Athenians  decreed 
that  500  should  be  sacrificed  every  year.  This  is 
the  statement  made  by  Xenophon ;  but  other  ancient 
authors  give  different  versions.  iElian,  whose  ac- 
count, however,  seems  least  probable,  states3  the  time 
of  the  festival  to  have  been  the  sixth  of  Thargelion, 
and  the  number  of  goats  yearly  sacrificed  300.  The 
scholiast  on  Aristophanes*  relates  that  the  Athenians, 
before  the  battle,  promised  to  sacrifice  to  Artemis 
one  ox  for  every  enemy  slain ;  but  when  the  num- 
ber of  oxen  could  not  be  procured,  they  substituted 
an  equal  number  of  goats. 

AGRUP'NIS  (aypvTrvic),  a  nocturnal  festival  cele- 
brated at  Arbela,  in  Sicily,  in  honour  of  Dionysus.5 

AGUR'MOS  (ayvppotf.     (Vid.  Eleusinia.) 

AGUR'TAI  (ayvprat),  mendicant  priests,  who 
were  accustomed  to  travel  through  the  different 
towns  of  Greece,  soliciting  alms  for  the  gods  whom 
they  served.  These  priests  carried,  either  on  their 
shoulders  or  on  beasts  of  burden,  images  of  their 
respective  deities.  They  appear  to  have  been  of 
Oriental  origin,  and  were  chiefly  connected  with  the 
worship  of  Isis,6  Opis,  and  Arge,1  and  especially 
of  the  great  mother  of  the  gods;  whence  they  were 
called  [MjTpayvpTaL.  They  were,  generally  speaking, 
persons  of  the  lowest  and  most  abandoned  character. 
They  undertook  to  inflict  some  grievous  bodily  in- 
jury on  the  enemy  of  any  individual  who  paid  them 
for  such  services,  and  also  promised,  for  a  small 
sum  of  money,  to  obtain  forgiveness  from  the  gods 
whom  they  served  for  any  sins  which  either  the  in- 
dividual himself  or  his  ancestors  had  committed.8 
Thus  GUdipus  calls  Tiresias, 

Muyov  rotovde  /.irixavop^d^ov 
doTiwv  ayvpTTjv.9 

These  mendicant  priests  came  into  Italy,  but  at 
what  time  is  uncertain,  together  with  the  worship 
of  the  gods  whom  they  served.10 

The  name  of  dyvprai  was  also  applied  to  those 
individuals  who  pretended  to  tell  people's  fortunes 
by  means  of  lots.  This  was  done  in  various  ways, 
The  lots  frequently  consisted  of  single  verses  taken 
from  well-known  poems,  which  were  thrown  into  an 
urn,  whence  they  were  drawn  either  by  the  persons 
who  wished  to  learn  their  fortunes  or  by  boys.  It 
was  also  usual  to  write  the  verses  on  a  tablet,11  and 
those  who  consulted  them  found  out  the  verses 
which  foretold  their  destinies  by  throwing  dice. 

AIAKEI'A  (AlaKeia),  a  festival  of  the  ^Eginetans 
in  honour  of  iEacus,  the  details  of  which  are  not 
known.  The  victor  in  the  g£tnes  which  were  sol- 
emnized on  the  occasion,  consecrated  his  chaplet 
in  the  magnificent  temple  of  iEacus.12 

AIANTEIA  (AldvTeta),  a  festival  solemnized  in 
Salamis  in  honour  of  Ajax,  of  which  no  particulars 
are  known.13 

*AIGEIROS  (alyeipog),  without  doubt  the  Popu- 
lus  nigra,  or  Black  Poplar.1* 

1.  (De  Malign.  Herod.,  26.)— 2.  (Xenoph.,  Anal).,  iii.,  2,  $ 
12.)— 3.  (V.  H.,  ii.,  15.)— 4.  (Equit.,  666.)— 5.  (Vid.  Hesych., 
s.  v.)— 6.  (Suid.,  sub  '  Aytipu.)—  7.  (Herod.,  iv.,  35.)— 8.  (Rulin 
ken  ad  Timsei  Lex.  Plat.,  sub  aytipovoav  and  inaywyai) — 9. 
(Soph.,  (Ed.  Tyr.,  387.)— 10.  (Cic,  de  Legg.,  ii.,  16—  Heindorff; 
in  Hor.,  Serm.,L,  ii.,2.)— 11.  {ayvpriKbtrnvai,  or  dyvpriKri  cavii-) 
—12.  (Miiller,  iEsrinetica,  p.  140.)— 13.  {Vid.  Hesych.,  s.  v.)— 
14.  (Dioscor.,  i.,  109.—  Theophvast...  H   P.,  i..  8:  ii.,  &  «fec> 

39 


AIKIAS  DIKE. 


AIMATITES. 


•AIGITH'ALOS  (aiyidalog),  a  species  of  bird. 
Aristotle  applies  this  term  to  the  genus  Parus,  of 
which  he  describes  the  following  species:  1.  The 
BTu&Trjg,  which  is  the  Pains  major,  L.,  the  Great 
Titmouse  or  Ox-eye.  2.  The  opeivog,  which  would 
seem  to  correspond  to  the  Parus  caudatus,  L.,  or 
Long-tailed  Titmouse.  3.  The  eMxtaroc,  which  an- 
swers to  the  Parus  cce?-uleus,  L.,  or  Blue  Titmouse.1 

*AIG'ILOPS  (aiyiXuijj),  a  plant  about  which  there 
has  been  great  diversity  of  opinion.  Robert  Ste- 
phens and  most  of  the  older  commentators  contend 
that  it  is  the  Avena  sterilis,  or  Folk  avoine  of  the 
French.  Matthiolus  rejects  this  opinion,  and  holds 
it  to  be  an  herb  called  Coquiele  in  French,  which 
grows  in  fields  of  barley.  Dodonaeus,  Sibthorp, 
Stackhouse,  and  Sprengel  agree  in  referring  it  to 
the  JEgilops  ovaia.  Theophrastus  farther  applies 
the  name  to  a  species  of  Oak,  which  Stackhouse 
makes  to  be  the  Quercus  JEgilops.2 

*AIG'IPYROS  (aiyinvpog),  Buckwheat.  Spren- 
gel mentions  that  the  learned  Anguillara  believed 
it  to  be  the  Ononis  Antiquorum,  or  Rest-harrow ;  he 
himself,  however,  in  the  second  edition  of  his  "  Rei 
Herbaria  Histo?ia"  inclines  to  a  species  of  Eryn- 
%iwm    All  this,  however,  is  merely  conjectural.3 

>  *AIGOTHE'LAS  (alyodfaag),  the  Goat-sucker,  a 
bird  of  the  genus  Caprimulgus.  It  applies  more  es- 
pecially to  the  species  called  Fern-owl  in  England, 
to  which  Professor  Rennie  gives  the  scientific  name 
of  Nyctichelidon  Europcsus* 

*AIGY'PIOS  (alyvirioe).  iElian  describes  it  as 
being  a  bird  intermediate  between  the  Eagle  and  the 
Vulture.6  Gesner  decides  that  it  is  the  same  as  the 
yvxaizToq  and  the  Vultur  niger  of  Pliny  ;  and  Schnei- 
der suggests  that  it  probably  was  the  Vultur  percnop- 
terus,  or  Alpine  eagle.     (Vid.  Gyps.)6 

♦AIGO'LIOS  (alyuTuoc),  a  bird  of  the  rapacious 
tribe,  briefly  noticed  by  Aristotle.7  It  is  rendered 
Ulula  by  Gaza,  but  cannot  be  satisfactorily  deter- 
mined.    (Vid.  Glaux.)3 

AIKIA2  AIKH  (a'tKcac  tiucii),  an  action  brought 
at  Athens  before  the  court  of  the  Forty  (ol  rer-apd- 
xovra),  against  any  individual  who  had  struck  a 
citizen  of  the  state.  Any  citizen  who  had  been  thus 
insulted  might  proceed  in  two  ways  against  the 
offending  party,  either  by  the  ainiag  di/a?,  which  was 
a  private  action,  or  by  the  vdpeog  ypacbr/,  which  was 
looked  upon  in  the  light  of  a  public  prosecution, 
sbice  the  state  was  considered  to  be  wronged  in  an 
i  jjury  done  to  any  citizen.  It  appears  to  have  been 
a  principle  of  the  Athenian  law,  to  give  an  individual 
who  had  been  injured  more  than  one  mode  of  ob- 
taining redress.9 

It  was  necessary  to  prove  two  facts  in  bringing 
the  aUiac  Slktj  before  the  Forty.  First,  That  the 
defendant  had  struck  the  plaintiff  with  the  intention 
of  insulting  him  (ecb'  vdpet),  which,  however,  was 
always  presumed  to  have  been  the  intention,  unless 
the  defendant  could  prove  that  he  only  struck  the 

Elaintiff  in  joke.  Thus  Ariston,  after  proving  that 
e  had  been  struck  by  Conon,  tells  the  judges  that 
Conon  will  attempt  to  show  that  he  had  only  struck 
him  in  play.10  Secondly,  It  was  necessary  to  prove 
that  the  defendant  struck  the  plaintiff  first,  and  did 
not  merely  return  the  blows  which  had  been  given 
by  the  plaintiff  (dpxeiv  x£LP^v  ddUuv,  or  merely 
diiKuv  apxew).11 

In  this  action,  the  sum  of  money  to  be  paid  by 
the  defendant  as  damages  was  not  fixed  by  the 
faws;  but  the  plaintiff  assessed  the  amount  ac- 
cording to  the  injury  which  he  thought  he  had  re- 


!.  (Ar'.Jtot,  H.  A.,  ix.,  16  — Adams,  Append.,  s.  v.) — 2.  (Bios- 
tor.,  iv  ,  137. — Theophrast.,  H.  P.,  iv.,  16. — Adams,  Append., 
9.  v.)— 3.  (Theocnt.,  Id.,  iv.,  25.— Theophrast.,  H.  P.,  ii.,  8.— 
Adam?,  Append.,  s.  v.)— 4.  f^Elian,  N.  A.,  iii.,  39.)— 5.  (N.  A., 
D.,  46.) — 6.  (Adams,  Append.,  s.  v.) — 7.  (H.  A.,  vi.,  6.) — 8. 
(Adarr«k  >">end.,  s.  v.) — 9.  (Demosth.,  adv.  Androt.,  c.  8,  p. 
601  -V. .  (Demosth.,  adv.  Conon,  c.  5,  p.  1261.)— 11.  (Demosth., 
*h    F-erp.,  c.  3,  p  1141;  c   11.  d.  1151.) 

40 


eeived,  and  the  judges  determined  on  the  justice  oi 
the  claim.1 

AIKLON  (uLkXov,  cukTiov,  or  ulkvov,  at/cvov'),2  ia 
said  by  Polemo3  to  be  a  Doric  word  ;  its  derivatives 
kirdiula  and  peaaiic/iiai,  were  used  only  by  the  Do- 
rians. Modern  writers  differ  greatly  respecting  its 
meaning ;  but,  from  an  examination  of  the  passages 
in  which  it  occurs,  it  appears  to  be  used  in  two  sen- 
ses :  I.  A  meal  in  general.  Thus  Alcman  uses  cvvz.- 
tuTuac  for  avvSetTrvia*  II.  The  chief  dish  or  course 
in  a  meal.  The  dessert  or  after-course  was  called 
tirdiicXov.5  The  ulkXov  among  the  Spartans  was 
composed  of  the  contributions  which  every  one  who 
came  to  the  public  banquets  (Qeidiria)  was  bound  to 
bring,  and  consisted  chiefly  of  pork  and  black  broth, 
or  blood-broth  (fielag  fapog,  alfidria),  with  the  addi- 
tion of  cheese  and  figs ;  sometimes,  but  rarely,  they 
received  contributions  of  fish,  hares,  and  poultry. 
The  eiraiiclov,  or  dessert,  which  varied  the  plain- 
ness of  the  meal,  consisted  of  voluntary  gifts  to  the 
table.  The  richer  citizens  sent  maize  bread,  fowls, 
hares,  lambs,  and  other  dishes,  cooked  in  a  superior 
manner,  a  part  of  a  sacrifice,  or  the  fruits  of  the 
season,  while  others  contributed  the  proceeds  of  the 
chase.  It  was  the  custom,  when  one  of  these  pres- 
ents was  helped  round,  to  name  the  person  who 
sent  it.6  Sometimes  they  procured  a  good  dessert 
by  imposing  penalties  on  each  other,  or  by  giving 
the  place  of  honour  at  the  table  to  him  who  con- 
tributed the  best  dish.7  The  contributions  were 
eaten  as  they  were  sent ;  or,  if  their  flavour  was  not 
approved,  they  were  made  up  afresh  into  a  savoury 
mess  called  a  fiaTrvrj.  Boys  were  allowed  an  eirdiK- 
Xov  consisting  of  barley  meal  kneaded  with  oil, 
and  baked  in  laurel  leaves.8 

AiriNH'TftN  EOP'TH  (Alyivvrfiv  eoprv),  a  fes- 
tival of  the  iEginetans  in  honour  of  Poseidon,  which 
lasted  sixteen  days,  during  which  time  every  family 
took  its  meals  quietly  and  alone,  no  slave  being  al- 
lowed to  wait,  and  no  stranger  invited  to  partake  of 
them.  From  the  circumstance  of  each  family  being 
closely  confined  to  itself,  those  who  solemnized  this 
festival  were  called  fiovotydyoi.  Plutarch9  traces  its 
origin  to  the  Trojan  war,  and  says  that,  as  many  of 
the  iEginetans  had  lost  their  lives,  partly  in  the  siege 
of  Troy  and  partly  on  their  return  home,  those  who 
reached  their  native  island  were  received  indeed  with 
joy  by  their  kinsmen ;  but,  in  order  to  avoid  hurting 
the  feelings  of  those  families  who  had  to  lament  the 
loss  of  their  friends,  they  thought  it  proper  neither 
to  show  their  joy  nor  to  offer  any  sacrifices  in  pub- 
lic. Every  family,  therefore,  entertained  privately 
their  friends  who  had  returned,  and  acted  themselves 
as  attendants,  though  not  without  rejoicings. 

•AITHUFA  (aWvla),  the  Mergus  of  the  Latins, 
the  modern  Cormorant.  As  there  are  several  spe- 
cies of  this  genus,  it  is  difficult  to  say,  in  general,  to 
which  of  them  the  ancient  name  is  most  applicable. 
The  Pelicanus  corbo  is  a  common  species.10 

*AIX  (a^).  I.  (Vid.  Tragos.)  —  II.  The  name 
of  a  bird  briefly  noticed  by  Aristotle.11  Belon  con- 
jectures that  it  was  the  Lapwing,  namely,  the  Vo> 
iiellus  Cristatus.1" 

♦AILOU'ROS  (alXovpos),  the  Felts  Catus,  o  Wild 
Cat.  Some  apply  the  name  K&rrng  to  the  Domestic 
Cat.13     (Vid.  Felis.) 

*  AIMATI'THS  (aiaar'tTnc),  the  well-known  stone 
called  Bloodstone.    (Vid.  Haematites.) 


1.  (Demosth.,  adv.  Conon. — Isocrates,  adv.  Lochit. — Meier,  A  it 
Process,  p.  547.— Bockh,  Public  Econ.  of  Athens,  vol.  ii.,  p.  101, 
transl.)—  2.  (Eustath.  in  II.,  xviii.,  245.)— 3.  (Athenae-as,  p.  141), 
c.) — 4.  (Athenaeus,  p.  140,  c. — See  also  Epicharmus  and  Alcman 
in  Athemeus,  p.  139,  b,  and  p.  140,  c.)— 5.  (Polemo  in  Athen., 
p.  140,  c)— 6.  (Polemo  in  Athen.,  p.  139,  c.)— 7.  (Athen.,  p.  140, 
/.)— 8.  (Muller,  Dorians,  iii.,  x.,  7;  iv.,  iii.,  3.— Wachsmuth, 
Hellen.  Alterthum.,  II.,  ii.,  p.  24.)— 9.  (Quaest.  Gnec,  44  )— 
10.  (Aristot.,  H.  A.,  v.,  8.— -Elian,  N.  A.,  iv.,  5.)— 11.  (II.  A. 
viii.,  3.)— 12.  (Adams,  Append.,  s.  v.)— 13.  (Aristot.,  H.  A..,  r» 
2.— Suid.,  s.  v.  x-ut7V7c  et  otKoyevt'is.—  Toup  in  Suid.,  1  G  -Ao 
anas,  Append.,  s.  v.  aiXovooc.) 


AIORA. 


ALABASTER. 


*AlMOPPOY2(ai/z6ppovc),  (-otg,  or  -og),  a  spe- 
cies of  Serpen,*.  The  celebrated  Paul  Hermann 
told  Dr.  Mead  that  he  had  found  in  Africa  a  ser- 
pent, the  poison  of  which  was  immediately  follow- 
ed by  haemorrhages  from  all  the  pores  of  the  body, 
and  which  he  concluded  to  be  the  same  as  the 
Haemorrhus  of  antiquity.  It  should  also  be  re- 
marked, that  the  effects  produced  by  the  poison  of 
the  Coluber  urens  of  India  are  said  to  be  very  simi- 
lar to  those  of  the  Haemorrhus  as  described  by  the 
ariients.1 

♦AIR A  (alpa),  a  plant,  the  same  with  the  Lolium 
tenzidentum,  L.,  or  Darnel.  It  may  be  confidently 
pronounced  to  be  the  "infelix  lolium"  of  Virgil;  and 
that  it  is  the  ^avia  of  Scripture  was  first  suggest- 
ed by  Isidorus,  an  opinion  which  has  been  espoused, 
without  acknowledgment,  by  Henry  Stephens,  and 
by  Dr.  Campbell  of  Aberdeen,  and  other  Biblical 
commentators.  It  farther  deserves  to  be  mention- 
ed, that  the  translators  of  the  works  of  the  Arabian 
medical  authors  render  the  alpa  of  the  Greeks  by 
zizanien? 

AISUMNE'TES  (alavuvrjrrjg),  an  individual  who 
was  sometimes  invested  with  unlimited  power  in 
the  Greek  states.  His  power,  according  to  Aris- 
totle, partook  in  some  degree  of  the  nature  both  of 
kingly  and  tyrannical  authority,  since  he  was  ap- 
pointed legally,  and  did  not  usurp  the  government, 
but,  at  the  same  time,  was  not  bound  by  any  laws 
in  his  public  administration.3  Hence  Theophras- 
tus4  calls  the  office  rvpavvig  alperrj.  It  was  not 
hereditary,  nor  was  it  held  for  life ;  but  it  only  con- 
tinued for  a  certain  time,  or  till  some  object  was 
accomplished.  Thus  we  read  that  the  inhabitants 
of  Mytilene  appointed  Pittacus  alavfivf/rvg,  in  order 
to  prevent  the  return  of  Alcaeus  and  the  other  ex- 
iles.5 Dionysius  compares  it  with  the  dictatorship 
at  Rome.  In  some  states,  such  as  Cyme  and  Chal- 
eedon,  it  uas  the  title  borne  by  the  regular  magis- 
trates. * 

AIO'RA,  or  EO'R  A  (alupa,  eupa),  a  festival  at  Ath- 
ens, accompanied  by  sacrifices  and  banquets,  whence 
ft  is  sometimes  called  evdenrvog.  The  common  ac- 
coun*  of  its  origin  is  as  follows:  Icarius  was  killed 
by  shepherds  to  whom  he  had  given  wine,  and  who, 
being  unacquainted  with  the  effects  of  this  bever- 
age, fancied,  in  their  intoxication,  that  he  had  given 
them  poison.  Erigone,  his  daughter,  guided  by  a 
faithful  dog,  discovered  the  corpse  of  her  father, 
whom  she  had  sought  a  long  time  in  vain;  and, 
praying  to  the  gods  that  all  Athenian  maidens 
might  perish  in  the  same  manner,  hung  herself. 
After  this  occurrence,  many  Athenian  women  ac- 
tually hung  themselves,  apparently  without  any 
motive  whatever;  and  when  the  oracle  was  con- 
sulted respecting  it,  the  answer  was,  that  Icarius 
and  Erigone  must  be  propitiated  by  a  festival.7 
According  to  the  Eti/mologicum  Magnum,  the  festi- 
val was  celebrated  in  honour  of  Erigone,  daughter 
of  iEgisthus  and  Clytemnestra,  who  came  to  Ath- 
ens to  bring  the  charge  of  matricide  against  Orestes 
before  the  Areopagus;  and,  when  he  was  acquitted, 
hung  herself,  with  the  same  wish  as  the  daughter 
of  Icarius,  and  with  the  same  consequences.  Ac- 
cording to  Hesychius,  the  festival  was  celebrated 
in  commemoration  of  the  tyrant  Temaleus,  but  no 
reason  is  assigned.  Eustathius9  calls  the  maiden 
who  hung  herself  Acora.  But,  as  the  festival  is 
also  called  'AXyrtg  (apparently  from  the  wander- 
ings of  Erigone,  the  daughter  of  Icarius),  the  legend 
which  was  first  mentioned  seems  to  be  the  most  en- 
titled to  belief.     Pollux9  mentions  a  song  made  by 

1.  (Nicand.,  Ther ,  282.-  Adams,  Append.,  s.  v.)— 2.  (Theo- 
phrast.,  H.  P.,  i.,  5  —  Dioscor.,  ii.,  122.— Matth.,  xiii.,  25.— Ad- 
ams, Append.,  s.  v.)— 3.  (Polit.,  iv.,  S,  (>  2.) — 4.  (Apud  Dionys. 
ITalic,  v.,  73.)— 5.  (Theophrast.  ap.  Dionys.  Halic,  v.,  73.)— 6. 
(Wacnsmuth,  Hellen.  A_ter1.hu m.,  I.,  i..  p.  200. — Hermann,  Pol. 
Antiq.  of  Greece,  6  63)— 7.  (Hysrin  ,  Poet.  Astron.,  ii.,  4.) — 8. 
(in  11.,  iii ,  p  3rt9.v— 9    ;iv.,  7.  $  55.) 


Theodoras  of  Colophon,  which  persons  used  to  sing 
while  swinging  themselves  (ev  Talg  alupaig).  It  is 
therefore  probable  that  the  Athenian  maidens,  in 
remembrance  of  Erigone  and  the  other  Athenian 
women  who  had  hung  themselves,  swung  them- 
selves during  this  festival,  at  the  same  time  singing 
the  above-mentioned  song  of  Theodoras.1 

ALABAS'TER,  the  name  usually  given  by  art- 
ists and  antiquaries  to  that  variety  of  marble  which 
mineralogists  call  gypsum.  Alabaster  is  sometimes 
described  as  of  two  kinds;  but  this  is  an  error,  as 
one  of  the  substances  so  called  is  a  carbonate  of 
lime,  and  therefore  not  alabaster  in  the  common 
acceptation  of  the  term ;  while  the  other,  the  real 
alabaster  or  gypsum,  is  a  sulphate  of  lime.  Alabas- 
ter (gypsum)  is  translucent  or  semi-transparent,  and 
is  usually  of  a  white — a  yellowish  white — and  green- 
ish colour,  though  sometimes  strong  brown  tints  and 
spots  appear  in  it.  When  the  varieties  of  colour 
occur  in  the  same  stone,  and  are  disposed  in  bar_^.s 
or  horizontal  strata,  it  is  often  called  onyx  alabas- 
ter; and  when  dispersed  irregularly,  as  if  in  clouds, 
it  is  in  like  manner  distinguished  as  agate  alabas- 
ter. These  varieties  in  the  colour  are  alluded  to 
by' Pliny:  "  Candore  interstincto  variis  coloribus."* 
Though  much  softer  than  other  marbles,  and  on 
that  account  ill  adapted  for  sculpture  on  a  large 
scale,  it  is  capable  of  being  worked  to  a  very  fine 
surface,  and  of  receiving  a  polish. 

Alabaster  has  been  supposed  to  derive  its  name 
originally  from  Alabastron.  a  town  of  Egypt,  where 
there  was  a  manufactory  of  vessels  made  of  a  stone 
which  was  found  in  the  neighbouring  mountains. 
Pliny3  speaks  of  alabastrites,  using  that  term  for  the 
various  kinds  of  this  marble,  as  well  as  onyx,  prob- 
ably from  the  texture  being  somewhat  different  from 
that  of  the  Greek,  Sicilian,  and  Italian  marb.es, 
which  he  was  more  accustomed  to  see,  and  which 
were  commonly  used  by  sculptors,  and  from  which 
he  thus  desired  to  distinguish  it.  He  observes  that 
it  was  chiefly  procured  in  his  time  from  Alabas- 
tron and  Damascus.* 

Alabaster,  both  in  its  form  of  carbonate  of  lime 
and  gypsum  (for,  from  the  confusion  that  exists  in 
the  description  of  some  monuments  of  antiquity,  it 
becomes  necessary  to  advert  to  both  varieties  under 
that  denomination),  was  employed  very  extensively 
by  the  ancients.  It  was  much  used  by  the  Egyp- 
tians for  different  sorts  of  vases,  rilievi,  ornaments, 
covers  of  sarcophagi,  canopies,  and  sculpture  in 
general ;  but,  from  the  absence  of  any  remains  of 
sculpture  in  that  material,  it  may  be  assumed  that 
alabaster  (gypsum)  was  little,  if  ever,  used  by  the 
artists  of  ancient  Greece  and  Italy  for  statues,  ri- 
lievi, or  busts.  Vessels  or  pots  used  for  containing 
perfumes,  or,  rather,  ointments,  were  often  called 
by  the  ancients  alabastra  or  alabastri.  It  appears, 
from  the  account  of  Pliny,  that  these  pots  were 
usually  made  of  the  onyx  alabaster,  which  was 
considered  to  be  better "  adapted  than  any  other 
stone  for  the  preservation  of  perfumes.5  Martial 
says  cosmis  redolent  alabastra,6  and  Horace  appears 
to  allude  to  the  same  vessels  in  his  invitation  to 
Virgil.7  The  term  seems  to  have  been  employed 
to  denote  vessels  appropriated  to  these  uses,  even 
when  they  were  not  made  of  the  material  from 
which  it  is  supposed  tbey  originally  received  their 
name.  Theocritus  thus  speaks  *of  golden  alabastra 
(^ptVei'  u?M6ao7pa6).  These  vessels  were  of  a  ta- 
pering shape,  and  very  often  had  a  long  narrow 
neck,  which  was  sealed ;  so  that  when  Mary,  the 
sister  of  Lazarus,  is  said  by  St.  Mark9  to  break  the 
alabaster-box  of  ointment  for  the  purpose  of  anoint- 
ing our  Saviour,  it  appears  probable  that  she  only 
broke  the  extremity  of  the  neck,  ,vhich  was  thus 

1.  (ViZ.  etiam  Athen.,  xiv.,  p.  618.)— 2.  (H.  N.,  rxxvi.,  12 
xxxvii.,  54.)— 3.  (H.  N.,  xxxvi.,  12.)— 4  (IT.  N,  xxxrii..  54. 
—5.  (H.  N.,  xiii.,  3  ;  xxxvi..  12.) — 6.  (xi..  viii.,  9.)— 7.  (Cam: 
iv.,  xii.,  7.)— 8.  (Idyl.,xv.,  114.)— 9.  (xiv.,  3.) 

41 


ALCE. 


ALEA. 


Closed.  The  alabastron  mentioned  by  the  Evange- 
lists was,  according  to  Eniphanius,  a  measure,  which 
contained  2-  ^ecrn/c,  or  one  kotv^tj  (16  47  cubic  inch- 
es, or  .48  pints). 

ALABASTRFTES.    {Vid.  Alabaster.) 

ALAIA  {akala)  is  the  name  of  the  games  which 
were  annually  celebrated  at  the  festival  of  Minerva, 
snrnamed  Alea,  near  Tegea,  in  the  neighbourhood 
of  the  magnificent  temple  of  the  same  goddess.1 

ALA'RII  were  the  troops  of  the  allies  in  the  Ro- 
man army,  and  were  so  called  because  they  were 
amally  stationed  in  the  wings  {Alee*).  The  alarii 
consisted  both  of  horse  and  foot  soldiers,  and  were 
commanded  by  praefec'i,  in  the  same  manner  as  the 
legions  were  commanded  by  tribuni.3  The  cavalry 
of  the  allies  was  called  equites  alarii,  to  distinguish 
them  from  the  cavalry  of  the  legions  {equites  legio- 
?iaiii*);  and  the  infantry  was  called  cohortes  alarice,5 
to  distinguish  them  from  the  cohortes  legionarice. 

*  ALA  LTD  A  {Kopvdoc,  KopvdaAog,  and  Kopvduv), 
the  Lark.  Aristotle  describes  two  species  of  this 
bird,  the  one  of  which  is  evidently  the  Alauda  cris- 
tata,  L.,  or  Crested  Lark ;  the  other  the  Alauda  cam- 
pestris,  or  Field  Lark.  The  former  is  the  Galerita 
of  Pliny,  and  is  clearly  the  species  alluded  to  by 
Aristophanes  in  his  Aves.6 

ALBUM  is  defined  to  be  a  tablet  of  any  material 
on  which  the  praetor's  edicts,  and  the  rules  relating 
to  actions  and  interdicts,  were  written.  The  tablet 
was  put  up  in  a  public  place,  in  order  that  all  the 
world  might  have  notice  of  its  contents.  Accord- 
ing to  some  authorities,  the  album  was  so  called, 
because  it  was  either  a  white  material  or  a  mate- 
rial whitened,  and,  of  course,  the  writing  would  be 
a  different  colour.  According  to  other  authorities, 
it  was  so  called  because  the  writing  was  in  white 
letters.  If  any  person  wilfully  altered  or  erased 
(corrupit)  anything  in  the  album,  he  was  liable  to 
an  action  alhi  corrupti,  and  to  a  heavy  penalty.7 

Probably  the  word  album  originally  meant  any 
tablet  containing  anything  of  a  public  nature.  Thus, 
Cicero  informs  us  "that  the  Annales  Maximi  were 
written  on  the  album  by  the  pontifex  maximus.8 
But,  however  this  may  be,  it  was,  in  course  of  time, 
used  to  signify  a  list  of  any  public  body ;  thus  we 
find  the  expression  album  senatorium,  used  by  Taci- 
tus,9 to  express  the  list  of  senators,  and  correspond- 
ing to  the  word  leucoma  used  by  Dion  Cassius.10 
The  phrase  album  decurionum  signifies  the  list  of 
decuriones  whoie  names  were  entered  on  the  al- 
bum of  a  municipium,  in  the  order  prescribed  by 
the  lex  municipalis,  so  far  as  the  provisions  of  the 
lex  extended.11 

ALBUS  GALE'RUS,  or  ALBOGALE'RUS,  a 
white  cap  worn  by  the  flamen  dialis  at  Rome.12  Ac- 
cording to  Festus  {s.  v.),  it  was  made  of  the  skin 
of  a  white  victim  sacrificed  to  Jupiter,  and  had  an 
olive  twig  inserted  in  the  top.  Its  supposed  form, 
as  derived  from  coins,  and  from  a  bas-relief  on  a 
Roman  temple,  is  that  of  a  cap  fitted  closely  to  the 
head,  and  tied  under  the  chin.13    {Vid.  Apex.) 

ALCATHOTA  (aluadola)  is  the  name  of  games 
celebrated  at  Megara,  in  commemoration  of  the 
hero  Alcathous,  son  of  Pelops,  who  had  killed  a 
lion  which  had  destroyed  Euippus,  son  of  King 
Megareus.14 

♦AL'CE  or  ALCES15  (in  Greek  *A.1kv),  the  name 
of  an  animal  described  by  Caesar  and  other  ancient 
writers,  and  the  same  with  the  modem  Elk  or  Moose 
Deer.  "It  was  the  opinion  of  Buffon,  that  the  Euro- 


1.  (Paus.,  viii.,  47,  t)  3.)— 2.  (Liv.,  x.,  43;  xxxi.,  21.— Caes., 
Bell.  Gall.,  i.,  51.— Cincius,  ap.  Gell.,  xvi.,  4.)— 3.  (Caes.,  Bell. 
Gall,  i.,  39.— Suet.,  Octav.,  38—  Plin.,  Ep.,x.,  19.)— 4.  (Liv., 
xxxv.,  5 ;  xl..  40.)— 5.  (Caes.,  Bell.  Civ.,  i.,  73,  83  ;  ii.,  18.)— 
6.  (Aristot.,  H.  A.,  ix.,  19.— Aristoph.,  Av.,  472.)— 7.  (Dig.  2,  tit. 
1,  s.  79.)— 8.  (De  Orat.,  ii.,  12.)— 9.  (Ann.,  iv.,  42.)— 10.  (lv., 
3.)— 11.  (Dig.  50,  tit.  3.)— 12.  (Varro,  ap.  Gell.,  x.,  16.)— 13. 
(Causaei,  Mus.  Rom. — Sigonius,  de  Nom.  Rom.,  5. — Hope,  Cos- 
tumes, ii.,  266.)— 14.  (Pino.,  Isthm.,  viii.,  148.— Paus.,  i.,  42,  t) 
I  )_15  (Salmas.  ad  Solin.,  20.) 
42 


pean  Elk  was  not  known  to  the  Greeks,  nor  Ices  il 
appear  to  have  been  noticed  by  Aristot./e.    That  it 
was,  however,  the  "AIktj  of  Pausanias,  the  Alee 
of  Caesar  and  Pliny,  the  Elch  of  the  Celts,  and  the 
iElg  or  Elg  of  the  northern  Europeans,  there  can 
be  little  doubt.    Pausanias  describes  it  as  being 
"between  a  stag  and  a  camel;"1  and  though  the 
accounts  of  Caesar2  and  Pliny-  are  mingled  with  fa- 
ble, and  the  former  states  that  his  Alces  are  "  mu- 
tiles  cornibus*'  (which  might  arise  from  the  accounts 
of  those  who  had  seen  the  animal  at  the  period 
when  the  horns  had  exfoliated),  the  general  de-  ' 
scription  and  the  localities  given  by  both  are  al- 
most conclusive  as  to  the  animal  meant  to  be  des- 
ignated.    The  "  labrum  superius  pr&grande,"  "huge 
upper  lip,"  of  Pliny  is  very  expressive,  and  the  ex- 
traordinary development  of  this  part  might  well  re- 
call to  a  casual  observer  the  general  traits  of  the 
head  of  a  camel.     Whether  it  was  the  'nnrelaQoc 
{hippelaphus)  of  Aristotle,  is  a  question  which  will 
admit  of  much  discussion.     (Vid.  Hippelaphus.)- 
The  movements  of  the  Elk  are  rather  heavy,  and, 
the  shoulders  being  higher  than  the  croup,  it  can 
never   gallop,    but  shuffles   or    ambles  along,  its 
joints  cracking  at  every  step,  with  a  sound  heard  tc 
some  distance.    Increasing  its  speed,  the  hind  fee' 
straddle  to  avoid  treading  on  its  fore  heels,  and  i\ 
tosses  the  head  and  shoulders  like  a  horse  about  to 
break  from  a  trot  to  a  gallop.     It  does  not  leap,  but 
steps  without  effort  over  a  fallen  tree,  a  gate,  or  a 
split  fence.     During  its  progress,  it  holds  the  nose 
up,  so  as  to  lay  the  horns  horizontally  back.    This 
attitude  prevents  its  seeing  the  ground  distinctly, 
and,  as  the  weight  is  carried  ver}T  high  upon  the  ele- 
vated legs,  it  is  said  sometimes  to  trip  by  tread- 
ing on  its  fore  heels,  or  otherwise,  and  occasionally 
to  give  itself  a  heavy  fall.     It  is  probably  owing  to 
this  occurrence  that  the  Elk  was  believed  by  the 
ancients  to  have  frequent  attacks  of  epilepsy,  and 
to  be  obliged  to  smell  its  hoof  before  it  could  recov- 
er; hence  the  Teutonic  name  of  Elend  ("misera- 
ble"), and  the  reputation  especially  of  the  fore  hoofs 
as  a  specific  against  the  disease." 

*AL/CEA  (dA/c&z  or  aknaia),  most  probably  the 
Malva  alcea,  or  Vervain  Mallow.* 

*ALCE'DO.     {Vid.  Halcyon.) 

♦ALCIBIAD'IUM  (' AlKtSiddiov),  a  species  of 
Anchusa.     {Vid.  Anchusa.) 

*ALCY'ONE.     {Vid.  Halcyon.) 

ALEA,  gaming,  or  playing  at  a  game  of  chance 
of  any  kind.  Hence  aleo,  aleator,  a  gamester,  a 
gambler.  Playing  with  tali,  or  tessera,  was  general- 
ly understood,  because  this  was  by  far  the  most  com- 
mon game  of  chance  among  the  Romans. 

Gaming  was  forbidden  by  the  Roman  laws,  both 
during  the  times  of  the  Republic  and  under  the  em- 
perors.6 Hence  Horace,  alluding  to  the  progress 
of  effeminate  and  licentious  manners,  says  that 
boys  of  rank,  instead  of  riding  and  hunting,  now 
showed  their  skill  in  playing  with  the  hoop,  or  even 
at  games  of  chance,  although  they  were  illegal 
(vetita  legibus  alea6).  Gaming  was  also  condemned 
by  public  opinion.  "  In  his  gregibus,"  says  Cicero, 
"  omnes  aleatores,  omnes  aduUeri,  omnes  impuri  im~ 
pudicique  versanhtr.,n  To  detect  and  punish  ex- 
cesses of  this  description  belonged  to  the  office  of 
the  aediles.8 

Games  of  chance  were,  however,  tolerated  in  the 
month  of  December  at  the  Saturnalia,  which  was 
a  period  of  general  relaxation;9  and  among  Ihe 
Greeks,  as  well  as  the  Romans,  old  men  were  al- 
lowed to  amuse  themselves  in  this  manner.10 

The  following  line  of  Publius  Syrts  shows  that 


1.  (ix.,  21.)— 2.  (Bell.  Gall.,  vi.,  26.)— 3.  (H.  N.,  viii.,  15.)   - 
4.  (Dioscor.,  iii.,  154.)— 5.  (Cic,  Philip.,  ii.,  23.— Cod.  3,  tit.  43.) 
—6.  (Carm.  iii.,  24.)— 7.  (in  Cat.,  ii.,  10.)— 8.   (Martial,  xiv.,  1.1 
—9.  (Martial,  iv.,  14.— Gellius,  xvih.,  13.)— 10    (Eurip.,  Med 
Q7.— Cic,  Senect.,  16.— Juv.,  xiv.,  4.) 


AL1CA. 


ALIMENTARII  PUERi. 


prolfcssed  gamesters  made  a  regular  study  of  their 
art  : 

'•  Akator,  quanta  in  arte  est  melior,  tanto  nequior." 
Ovid  alludes  to  those  who  wrote  treatises  on  the 
« object: 

"  Sunt  aliis  scriptce,  quibus  alea  luditur,  artes"1 

These  were  the  Hoyles  of  ancient  times,  among 
whom  we  find  no  less  a  personage  than  the  Emperor 
Claudius  himself:  "  Aleam  studiosissime  lusit,  de  cu- 
ius arte  librum  quoque  emisit."2  The  Emperors  Au- 
gustus and  Domitian  were  also  fond  of  gaming.3 

Alea  sometimes  denotes  the  implement  used  in 
playing,  as  in  the  phrase  jacta  alea  est,  "  the  die  is 
cast,"  uttered  by  Julius  Caesar  immediately  before 
he  crossed  the  Rubicon;4  and  it  is  often  used  for 
chance,  or  uncertainty  in  general.5 

•ALEKTOR  {atenrup),  the  Cock.  (Vid.  Gal- 
Lua.) 

ALEKTRUOMANTEFA  (  aXenrpvo/rnvTeia  ),  a 
mode  of  divination  practised  by  the  Greeks.  The  let- 
ters of  the  alphabet  were  written  in  a  circle ;  a  grain 
of  wheat  or  barley  was  laid  upon  each  letter ;  and  a 
cock,  consecrated  or  provided  for  the  occasion,  was 
placed  within  the  circle.  The  required  information 
was  obtained  by  putting  together  those  letters  off 
which  the  cock  picked  the  grains  of  corn.  To  ob- 
tain a  fuller  answer,  they  laid  grains  of  corn  upon 
!he  letters  a  second  time,  and  repeated  the  process. 

AAEKTPYO'NflN  Ar£2N,  or  AAEKTPTONO- 
MAX'IA  {akeKTpvovov  ayuv,  or  a/U/crpfovo/za^ta),  a 
public  cockfight,  which  was  held  every  year  in  one 
of  the  theatres  of  Athens.  Cockfights,  in  general, 
were  exceedingly  common  among  the  Greeks  and 
Romans ;  but  the  origin  of  this  one  in  particular, 
which  was  sanctioned  by  the  laws  of  the  state,  is 
not  known ;  for  the  account  of  its  origin  given  by 
iElian6  is  too  absurd  and  improbable  to  deserve 
credit.  He  says  that,  when  Themistocles  marched 
with  his  Athenians  against  the  Persians,  he  saw 
two  cocks  fighting  against  each  other,  and  took  the 
opportunity  of  addressing  his  soldiers,  and  remind- 
ing them  that  these  cocks  were  neither  fighting  for 
their  country  nor  for  the  gods,  but  only  for  victory, 
&c.  This  speech  is  said  to  have  greatly  animated 
the  courage  of  the  Athenians ;  and,  after  the  war, 
they  commemorated  the  event  which  had  proved 
so  useful  to  them  by  the  annual  festival  in  the  the- 
atre. 

ALEIPTE'RION.     {Vid.  Alipt^e.) 

♦AL'GA,  a  general  name  given  by  the  Latin 
writers  to  all  aquatic  plants,  which,  living  in  the 
waters,  are  accustomed  to  be  thrown  up  on  the  banks 
of  rivers  or  the  shores  of  the  sea.  Such,  in  the  case 
of  fresh  water,  are  the  Confervas,  the  Potamogetons, 
the  NaVades,  &c. ;  and  in  that  of  the  salt  water,  the 
debris  of  marine  plants;  and  especially  the  Fucus? 
The  term  ^pvov  is  applied  to  the  sea-algae  by  Theo- 
phrastus.8 

AL'ICA  (a/Uf,  x°v$P°s)i  I-  A  kin(l  °f  grain  re- 
sembling spelt,  which  was  also  called  zea?  II.  A 
broth,  soup,  or  porridge  made  out  of  this  grain,  and 
very  highly  esteemed  by  the  Romans.  Phny  states 
that  it  was  a  Roman  invention,  and  that,  in  his  opin- 
ion, it  was  not  in  use  till  after  the  time  of  Pompey 
the  Great.'-9  The  Greeks  had  a  somewhat  similar 
preparation,  which  they  called  irricavq.  Alica  was 
procured  from  the  neighbourhood  of  Verona  and 
Pisa,  and  other  parts  of  Italy,  and  from  Egypt.  The 
best  came  from  Campania;  that  from  Egypt  was 
very  inferior.  It  was  prepared  by  first  bruising  the 
grain  in  a  wooden  mortar  to  separate  the  husks,  and 
then  pounding  it  a  second  and  third  time  to  break  it 

1  fTrist.,  ii.,  471.)— 2.  (Suet.,  Claud..  33.)— 3.  (Suet.,  Aug., 
•0,  71.—  Dom.,  21.) — 4.  (Suet.,  Jul.,  32.)— 5.  (Hor.,  Carm.  ii., 
i  >6. — Varro,  de  Re  Rnst.,  i.,  18. — Colum.,  i.,  Prsef. — Cic,  Div., 
ii.,  15.)— 6.  (V.  H.,  ii.,  28.1—7.  (F6e,  Flore  de  Virile,  p.  xii.) 
—8.  (H.P.,iv.,6.)— 9.  (Plin.,  H.N.,  xviii.,  7, 10.)— 10.  (Plin.,H. 
H.,  xxii.,  25,  61.) 


into  smaller  pieces.  The  different  qualities  of  alica 
made  by  each  of  these  processes  were  called  re- 
spectively grandissima  or  apharcma  (a<f>aipeua),  se- 
cundaria, and  minima.  In  order  to  make  the  alica 
white  and  tender,  it  was  mixed  with  chalk  from  the 
hills  between  Naples  and  Puteoli.1  It  was  used  as 
a  medicine,  for  which  purpose  it  was  eitier  soaked 
in  water  mixed  with  honey  (mead,  aqua  mulsa).  or 
boiled  down  into  a  broth,  or  into  porridge.  Pliny 
gives  a  full  account  of  the  mode  of  preparing  ant3 
administering  it,  and  of  the  diseases  in  which  it  was 
employed.2 

A  spurious  kind  of  alica  was  made  from  the  infe- 
rior spelt  (zea)  of  Africa,  the  ears  of  which  were 
broader  and  blacker,  and  the  straw  shorter,  than  in 
the  Italian  plant.  Pliny  mentions  also  another  spu- 
rious kind  of  alica,  which  was  made  from  wheat.* 
Another  sort  of  alica  was  made  from  the  juice  of 
the  plantain.* 

AL'IMA,  or  AA'IMOS  TP04>H  (aliua,  or  aliuoi 
Tpofyrf),  (from  a,  negative,  and  "kipbc,  "  hunger"),  a 
refreshment  used  by  Epimenides,  Pythagoras,  and 
other  philosophers.  Plato  states,  in  his  Dialogue  on 
Laws,  that  the  aktua  of  Epimenides  was  composed 
of  mallows  and  asphodel.  Suidas  explains  it  as  a 
plant  which  grew  near  the  sea  (probably  the  sea- 
leek),  which  was  the  chief  ingredient  in  the  <pdpua- 
kov  'Ewifievcdcov,  and  was  thought  to  promote  long 
life.  Hesychius  interprets  o<p66e7ioc  by  uAiuog. 
Pliny  states  that  some  said  that  alimon  was  called 
asphodelos  by  Hesiod,  which  he  thinks  an  error ; 
but  that  the  name  alimon  was  applied  by  some  to  a 
dense  white  shrub,  without  thorns,  the  leaves  of 
which  resembled  those  of  the  olive,  but  were  softer, 
and  were  used  for  food ;  and  by  others  to  a  potherb 
which  grew  by  the  sea,  "whence,"  says  Pliny,  "its 
name,"  confounding  uXiuoc,  from  a  and  fafwe,  with 
akiuoe  from  akq.b  The  name  appears  generally  to 
signify  a  medicinal  preparation  of  equal  weights  of 
several  herbs,  pounded  and  made  into  a  paste  with 
honey.  A  similar  preparation  for  quenching  thirst 
(iidnpoc  rpo<pr'i)  was  used  by  Pythagoras. 

ALIMENTA'RII  PUERI  ET  PUELL^E.  In 
the  Roman  republic,  the  poorer  citizens  were  assist- 
ed by  public  distributions  of  corn,  oil,  and  money, 
which  were  called  congiaria.  These  distributions 
were  not  made  at  stated  periods,  nor  to  any  but 
grown-up  inhabitants  of  Rome.  The  Emperor  Ner- 
va  was  the  first  who  extended  them  to  children,  and 
Trajan  appointed  them  to  be  made  every  month, 
both  to  orphans  and  to  the  children  of  poor  parents. 
These  children  were  called^men  elpuellce  alimentarii, 
and  also  (from  the  emperor)  pueri  puellaque  Ulpiani ; 
and  the  officers  who  administered  the  institution 
were  called  qucestores  pecunice  alimentarice,  qucestores 
alimentorum,  procuratores  alimentorum,  or  prcefech 
alimentorum. 

The  fragments  of  an  interesting  record  of  an  in 
stitution  of  this  kind  by  Trajan  have  been  found  ai 
Velleia,  near  Placentia,  from  which  we  learn  the 
sums  which  were  thus  distributed.  The  money 
was  raised  in  this  case  by  lending  out  a  sum  on 
interest  at  five  per  cent.,  from  the  treasury  of  the 
town,  on  the  security  of  lands  and  houses,  A  simi- 
lar institution  was  founded  by  the  younger  Pliny  at 
Comum.6  Trajan's  benevolent  plans  were  carrier? 
on  upon  a  larger  scale  by  Hadrian  and  the  AnU>- 
nines.  Under  Commouus  and  Pertinax  the  distri- 
bution ceased.  In  the  reign  of  Alexander  Severusr 
we  again  meet  with  alimentarii  pueri  and  puellae, 
who  were  called  Mammceani,  in  honour  of  the  em- 
peror's mother.  We  learn,  from  a  decree  of  Ha- 
drian,7 that  boys  enjoyed  the  benefits  of  this  insti- 
tution up  to  their  eighteenth,  and  girls  up  to  their 

1.  (Pli*.,  H.  N.,  xviii.,  11,  29.)— 2.  (H.  N,  xxii,  24,  51; 
25,  61,  66  ;  xxvi.,  7,  18  ;  xxviii.,  17,  67.)— 3.  (H.  N.,  xviii.,  11, 
29.)— 4.  (Plin.,  H.  N.,  xxvi.,  8,  28.)— 5  (Plin.,  H.  N.,  xxii.,  22. 
33.)— 6.  (Plin.,  Epist.,  vii.,  18;  i.,  8;  and  the  inscription  ia 
Orelli,  1172.)— 7.  (Ulp.,  in  Dig.  34,  tit.  1,  s.  14.) 

43 


ALLIUM. 


ALOE. 


■ourteenth.  year;  and,  from  an  inscription,1  that  a 
boy  four  years  and  seven  months  old  received  nine 
times  the  ordinary  monthly  distribution  of  corn.2 

ALIP'T^E  (dhei-n-Tai),  among  the  Greeks,  were 
persons  who  anointed  the  bodies  of  the  athletae 
preparatory  to  their  entering  the  palsBStra.  The 
chief  object  of  this  anointing  was  to  close  the  pores 
of  the  body,  in  order  to  prevent  much  perspiration, 
and  the  weakness  consequent  thereon.  To  effect 
this  ebj  3ct,  the  oil  was  not  simply  spread  over  the 
surface  of  the  body,  but  also  well  rubbed  into  the 
skin.3  The  oil  was  mixed  with  fine  African  sand, 
several  jars  full  of  which  were  found  in  the  baths 
of  Titus,  and  one  of  these  is  now  in  the  British 
Museum.  This  preparatory  anointing  was  called  rj 
napaoicEvacTiKT]  rphpig.  The  athleta  was  again 
anointed  after  the  contest,  in  order  to  restore  the 
tone  of  the  strained  muscles :  this  anointing  was 
called  i]  aiiodepaiTELd.  He  then  bathed,  and  had 
the  dust,  sweat,  and  oil  scraped  off  his  body,  by 
means  of  an  instrument  similar  to  the  strigil  of  the 
Romans,  and  called  crleyyig,  and  afterward  gvarpa. 
The  aliptae  took  advantage  of  the  knowledge  they 
necessarily  acquired  of  the  state  of  the  muscles  of 
the  athletae,  and  their  general  strength  or  weakness 
of  body,  to  advise  them  as  to  their  exercises  and 
mode  of  life.  They  were  thus  a  kind  of  medical 
trainers,  larpaTietirTat.*  Sometimes  they  even  su- 
perintended their  exercises,  as  in  the  case  of  Mile- 
sias.5 

Among  the  Romans,  the  aliptas  were  slaves,  who 
scrubbed  and  anointed  their  masters  in  the  baths. 
They,  too,  like  the  Greek  akuTtrai,  appear  to  have 
attended  to  their  masters'  constitution  and  mode  of 
life.6  They  were  also  called  unctores.  They  used 
in.  their  operations  a  kind  of  scraper  called  strigil, 
towels  {tinted),  a  cruise  of  oil  (guttus),  which  was 
usually  of  horn,  a  bottle  {vid.  Ampulla),  and  a 
small  vessel  called  lenticula.     {Vid.  Baths.) 

The  apartment  in  the  Greek  palaestra  where  the 
anointing  was  performed  was  called  uaelttt^plov  ; 
that  in  the  Roman  baths  was  called  unctuarium. 

♦ALIS'MA,  an  aquatic  herb,  supposed  to  be  the 
same  with  the  Water  Plantain.  Pliny  speaks  of  it 
as  an  antidote  against  certain  venomous  creatures, 
and  also  against  the  bite  of  a  rabid  dog.  For  this 
he  is  not  so  much  to  be  blamed,  since  even  some 
modern  practitioners  have  recommended  it  as  anti- 
hydrophobic.  Sprengel  makes  the  Alisma  of  which 
Pliny  speaks  the  A.  Parnassifolium ;  this  species, 
however,  has  never  been  found  in  Greece.  Sibthorp 
is  more  correct  in  designating  it  the  A.  plantago? 

♦ALLIUM  (Gicopodov),  Garlic.  There  seems 
no  reason  to  doubt  that  the  cuopodov  of  Theophras- 
tus and  Dioscorides  is  the  Allium  sativum,  manured 
Garlic,  although  Stackhouse  prefers  the  A.  scoro- 
doprasum.  R.  Stephens  suggests  that  the  wild  Gar- 
lic should  be  called  atypocKopodov,  and  not  btpiooico- 
podov.  Pliny  informs  us  that  garlic  was  much  used 
among  the  Italian  rustics  as  a  medicine.8  Galen 
also  speaks  of  it  as  such.9  Among  the  Athenians 
it  was  a  great  favourite  as  an  article  of  food,  and 
seems  to  have  been  sold  at  the  same  shops  with 
bread  and  wine.10  Fighting-cocks  were  also  fed 
upon  it,  to  make  them  more  pugnacious.11  Great 
prophylactic  virtues  were  formerly  ascribed  to  this 
plant,  and,  among  other  active  properties,  that,  in 
particular,  of  neutralizing  the  venom  of  serpents.12 

1.  (Pabretti,  235,  619.)— 2.  (Aurel.  Vict.,  Epit.  xii.,  4.— Capi- 
mlrras,  Ant.  Pi.,  8.— Id.,  M.  Aur.,  26.— Id.,  Pert.,  9.— Spart., 
Had.,  7. — Lamprid.,  Sev.  Alex.,  57. — F.  A.  Wolf,  "  Von  einer 
iiilden  Stiftung  Trajans.") — 3.  (Plutarch,  de  Tuenda  Sanitate, 
c.  15,  p.  302,  Tauch.)— 4.  (Celsus,  i.,  1.— Plin.,  H.  N.,  xxix.,  1, 
2.) — 5.  (Pindar,  Olyinp.  viii.,  54-71,  and  Bockh's  note.) — 6. 
"Cicero,  Ep.  Farn.,  i.,  9,  35. — Seneca,  Ep.  56. — Juvenal,  Sat. 
^ii.,  76  ;  vi.,  422  )— 7.  (Plin.,  H.  N.,  xxv.,  10.— Fee,  in  Plin.,  1.  c. 
— Spreng-el,  H  R.  H.,  i.,  171. — Adams,  Append.,  s.  v.  8ayiaou>- 
vtov)—8.  (H  N.,  xix.,  6.)— 9.  (Meth.  Med.,  xii.,  18.)  — 10. 
Mitchell,  in  Aristoph.,  Acharn.,  150  (174).) — 11.  (Aristoph., 
Eu.,  493.)  —12.  (JSmil.  Maeer,  as  cited  bv  Fee.) 

44 


So  diversified,  indtedv  were  its  characteristic-!,  thai 
it  need  excite  no  surprise  to  find  it  adored  on  the 
one  hand,  along  with  the  other  species  of  allium,  by 
the  people  of  Egypt,  and  banished  on  the  other  from 
the  tables  of  the  delicate  at  Rome.  Horace  assigns 
it  as  fit  food  only  for  reapers  j1  it  was,  however,  a 
great  favourite  also  with  the  Roman  soldier  s  and  sail- 
ors.2 The  inhabitants  of  the  southern  count]  ies  of 
Europe,  who  often  experience  the  need  of  exciting 
the  digestive  powers  of  the  stomach,  hold  garlic  in 
much  higher  estimation,  on  this  account,  than  those 
of  more  northern  regions.  Theophrastus  makes  the 
Allium  cyprium  the  largest  in  size  of  the  several 
species  of  this  plant.3 

ALLU'VIO.  "  That,"  says  Gaius,*  "  appears  to 
be  added  to  our  land  by  alluvio,  which  a  river  adds 
to  our  land  (ager)  so  gradually  that  we  cannot  esti- 
mate how  much  is  added  in  each  moment  of  time ; 
or,  as  it  is  commonly  expressed,  it  is  that  which  is 
added  so  gradually  as  to  escape  observation.  But 
if  a  river  (at  once)  takes  away  a  part  of  your  land, 
and  brings  it  to  mine,  this  part  still  remains  your 
property."  There  is  the  same  definition  by  Gaius 
in  his  Res  Cotidiance*  with  this  addition:  "If  the 
part  thus  suddenly  taken  away  should  adhere  for  a 
considerable  time  to  my  land,  and  the  trees  on  such 
part  should  drive  their  roots  into  my  land,  from 
that  time  such  part  appears  to  belong  to  my  land." 
The  acquisitio  per  alluvionem  was  considered  by  the 
Roman  jurists  to  be  by  the  jus  gentium,  in  the 
Roman  sense  of  that  term. 

According  to  a  constitution  of  the  Emperor 
Antoninus  Pius,  there  was  no  jus  alluvionis  in  the 
case  of  agri  limitati.6  Circumluvio  differs  from 
alluvio  in  this,  that  the  whole  of  the  land  in  ques- 
tion is  surrounded  by  water,  and  subject  to  its 
action.  Cicero7  enumerates  the  jura  alluvionum 
and  circumluvionum  as  matters  included  under  the 
head  of  causa  centumviraks. 

The  doctrine  of  alluvio,  as  stated  by  Bracton  in 
the  chapter  De  acquirendo  Rerum  Daminio,6  is  taken 
from  the  Digest,9  and  is  in  several  passages  a  copy 
of  the  words  of  Gaius,  as  cited  in  the  Digest. 

*AL'NUS  (tclf/dpa10),  the  Alder.  The  wood  of 
this  tree,  which  is  lighter  than  that  of  many  others, 
was  first  employed,  according  to  the  poets,  for  the 
purposes  of  navigation.11  It  was  also  much  u^ed 
among  the  Romans  for  water-pipes,12  and  is  still 
ranked,  among  the  best  materials,  next  to  metal,  for 
these,  and  for  under-ground  purposes  generally.  The 
alder  is  an  inhabitant  of  swamps  and  meadows  in 
all  Europe,  the  north  of  Africa  and  Asia,  and  North 
America.  Virgil  is  not  consistent  with  himself  as 
regards  the  name  of  this  tree.  In  his  sixth  Eclogue18 
he  makes  the  sisters  of  Phaethon  to  have  been 
changed  into  alders ;  but  in  the  iEneid14  he  gives 
the  poplar,  as  Ovid  does.15  The  species  of  alder 
most  common  in  Greece  is  the  Alnus  oblongata, 
"Wild. 

*AL'OE,  the  Aloe,  or  Aloes-tree.  Neither  Hip- 
pocrates nor  Theophrastus  notices  this  plant,  but 
Dioscorides,  on  the  other  hand,  describes  two  kinds 
of  it.16  He  says  it  is  mostly  brought  from  India, 
but  that  the  plant  grows  in  Arabia  and  the  maritime 
parts  of  Asia.  The  story  related  by  some  writers, 
that  Aristotle  recommended  the  aloe  to  Alexandei 
as  one  of  the  most  valuable  products  of  Socotora, 
appears  unworthy  of  belief,  and  yet  it  probably  was 
the  Socotorine  aloe  with  which  the  ancients  were 
most  familiar.  Fee  thinks  that  the  African  aloe 
was  unknown  to  the  Greeks  and  Romans,  but  that 


1.  (Epod.  iii.,  4.) — 2.  (Plaut.,  Poen.,  v.,  5,  54. — Arintoph., 
Acham.,  1.  c.) — 3.  (Theophrast.,  II.  P.,  vii.,  4. — Dioscor.,  ii., 
181.)— 4.  (ii.,  70,  seqq.)— 5.  (Dig.  40,  tit.  1,  s.  7.)— 6.  (Dig.  40, 
tit.  1,  s.  16.)— 7.  (De  Orat.,i.,38.)— 8.  (fol.  9.)— 9.  (41,  tit.  1,  s. 
7.) — 10.  (Theophrast.,  H.  P.,  i.,  4  ;  iii.,  3. — Horn.,  Odyss.,  v., 
64.)— 11.  (Fee,  Flore  de  Virgile,  p.  xiv.)— 12.  (Plin.,  H  N., 
xvi.,  42.)— 13.  (v.  63.)— 14.  (x.,  190.)— 15.  (Met  ,  ii.,  310,  scqq.) 
—16.  (iii.,  22.) 


ALYSSON. 


AMARUNTHIA. 


ct  species  quite  rare  at  the  present  day  ("aloes  luci- 
de,  ou  en  larmes")  was  one  of  the  kinds  employed 
oy  them.1  Aloes,  though  still  much  used  in  medi- 
cine, are  prescribed  in  very  few  of  the  cases  men- 
tioned by  Pliny.2  According  to  Ainslie,  however, 
the  inhabitants  of  India  still  use  them  with  great 
success  in  affeztions  of  the  eyes.  Olaiis  Celsius3 
derives  the  word  aloe  from  the  Arabic  alloeh.  Pliny 
mentions  a  mineral  substance  called  aloe,  which  is 
the  same  with  the  bitumen  of  Judaea,  and  which 
was  employed  in  Egypt  in  embalming  bodies.4 

ALO'A  (&?mq.  or  <l%ua),  an  Attic  festival,  but  cele- 
brated principally  at  Eleusis,  in  honour  of  Demeter 
and  Dionysus,  the  inventors  of  the  plough  and  pro- 
tectors of  the  fruits  of  the  earth.  It  took  place 
every  year  after  the  harvest  was  over,  and  only 
fruits  were  offered  on  this  occasion,  partly  as  a 
grateful  acknowledgment  for  the  benefits  the  hus- 
bandman had  received,  and  partly  that  the  next 
harvest  might  be  plentiful.  We  learn  from  Demos- 
thenes5 that  it  was  unlawful  to  offer  any  bloody 
sacrifice  on  the  day  of  this  festival,  and  that  the 
priests  alone  had  the  privilege  to  offer  the  fruits. 
The  festival  was  also  called  tialvaia,6  or  GvyKOfiiG- 
rypca. 

AAOriOT  rPA$H  {(iTioyiov  ypc<j>y),  an  action 
which  might  be  brought  before  the  logistae  {Tio-yia- 
rai),  at  Athens,  against  all  ambassadors  who  neg- 
lected to  pass  their  accounts  when  their  term  of 
office  expired.7 

♦ALOPE'CIAS;  a  species  offish,  called  by  Pliny 
the  Sea-fox  (Vulpes  marina*),  and  the  same,  proba- 
bly, with  the  Fox-shark  of  modern  naturalists.9  The 
name  comes  from  the  Greek  dAw^f,  "  a  fox." 

*ALO'PECIS  (ahoireKig,)  a  species  of  vine  pro- 
ducing clusters  of  grapes  resembling  the  tail  of  a 
fox.     It  is  now  extinct.10 

*ALOPECU'RUS  (alu-n-enovpog),  a  plant,  which 

Sprengel  suggests  may  be  the  Saccharum  cylindri- 

wre,  and  Stackhouse   the    Phleum  crinitum,   Fl. 

vrcec.,  or  Hairy  Cat's-tail  grass.     Its  spike  is  de- 

cribed  by  Theophrastus  as  being  "  soft,  downy, 

Sick,  and  like  the  tails  of  foxes."11     This  agrees 

well  with  the  spike  of  the  Alopecurus,  L.,  or  Foxtail 

^*ass.ia    The  name  comes  from  uaqtztj^,  "a  fox," 

£>.d  ovpa,  "  a  tail." 

*ALO'PEX.     (FR  Vulpes.) 

*AL'SINE  (a/,GLV7}),  an  herb,  which  Sprengel,  in 
his  History  of  Botany,  recognises  as  the  Stellaria 
nemrrum,  or  Wood  Stitchwort ;  but,  in  his  notes  to 
Dioocorides,  he  expresses  himself  doubtfully  con- 
cerning it.  Schneider  is  undecided  whether  the 
akoiv^i  of  Theophrastus  be  the  same  as  that  of  Di- 
oscorides.13 

ALTA'RE.    (Vid.  Ara.) 

♦ALTER'CUM,  the  Arabian  (1)  name,  according 
to  Pliny,  of  the  Hyoscyamus.14 

♦ALUM,  a  plant.     (  Vid.  Symphyton.) 

♦ALU'MEN.    (Vid.  Stypteria.) 

*ALY'PON  (dXvnov),  an  herb,  supposed  to  be  the 
same  with  that  which  produced  Turbit.  Sprengel 
and  Sibthorp  mark  it  as  the  Globularia  alypum.15 

*AL¥SS'ON  (uAvaaov),  a  plant.  The  dlvaaov  of 
Galen  and  Paulus  iEgineta  is  the  Manabium  alys- 
sum,  vulgarly  called  Galen's  Madwort.  That  of 
Dioscorides  is  a  very  different  plant,  and  cannot  be 
very  satisfactorily  determined.  Sprengel  hesitates 
whether  to  refer  it,  with  Dodonasus,  to  the  Farsetia 
clypeata,  or,  with  Columna,  to  the  Veronica  arvensis, 
or  montana,  L.,  our  Speedwell.16 

1.  (in  Plin.,  H.  N.,  xxvii.,  4,  p.  294.)— 2.  (H.  N.,  xxvii.,  4.) 
—3.  (i. ,  136.) — 4.  (Fee,  in  Plin.,  1.  c.)— 5.  (c.  Neeer.,  p.  1385.) 
6.  (Hesych.,  s.  v.) — 7.  (Suid. — Hesych. — Meier,  Att.  Process, 
p.  363.)— 8.  (Plin.,  H.  N.,  ix.,  43.)— 9.  (Adams,  Append.,  s.  v.) 
—10.  (Fee,  in  Plin.,  H.  N.,  xiv.,  3.)— 11.  (Theophrast.,  H.  P., 
vit.,  10. )— 12.  (Adams,  Append.,  s.  v.)— 13.  (Theophrast.,  H.  P., 
ix.,  13.— Dioscor.,  iv.,  87.)— 14.  (Plin.,  H.  N.,  xxv.,  4.— Com- 
pare, however,  Scribon.,  Larg.  compos.,  181.) — 15.  (Adams,  Ap- 
wnid..  i.  t.) — 16.  (Dioscor..  iii.,  95. — Adams,  Append.,  s.  v.) 


ALUTA.    (Vid.  Calceus.) 

ALU'TAI  (uTivrai),  persons  whose  business  it 
was  to  keep  order  in  the  public  games.  They  re- 
ceived their  orders  from  an  a2.vTu.pxyg,  who  was 
himself  under  the  direction  of  the  agonothetae,  oi 
hellanodicae.  Tl  ey  are  only  found  at  Olympia;  in 
other  places,  the  same  office  was  discharged  bv  the 
fj.aarijo(j)6pot. 

♦ALPHESTES  (dlfrjcrriq),  a  species  of  fish,  the 
same  with  the  Cynedus  of  Pliny.  It  is  the  LabrvA 
cynedus,  L.,  in  French  Canude.  According  to  Ron- 
dolet,  it  is  about  a  foot  long,  and  its  flesh  is  easy  of 
digestion.  In  the  Diet,  of  Nat.  Hist.,  the  Alphest  is 
described  as  being  a  small  fish,  having  a  purcle 
back  and  belly,  with  yellow  sides.1 

AMANUENSIS,  or  AD  MANUM  SERVUS, 
a  slave  or  freedman,  whose  office  it  was  to  write 
letters  and  other  things  under  his  master's  direction. 
The  amanuensis  must  not  be  confounded  with  an- 
other sort  of  slaves,  also  called  ad  manum  servi,  who 
were  always  kept  ready  to  be  employed  in  any  busi- 
ness.2 

*AMARACUS  (audpaKoc),  a  plant.  Dioscorides 
and  the  scholiast  on  Nicander3  state  that  the  Amara- 
cus  is  the  same  as  the  Sampsuchus  (od/npvxov) ; 
and  yet  Galen  and  Paulus  iEgineta  treat  of  them 
separately.  Matthiolus  seems  to  think  it  highly 
probable  that  it  is  the  common  Marjoram,  but  the 
late  commentators  are  much  at  variance  about  it. 
Thus  Sprengel,  in  the  first  edition  of  his  R.  H.  H.f 
marks  it  as  the  Origanum  marjoranoides,  but  in  the 
second,  according  to  Schneider,  he  is  disposed  to  re- 
fer the  afiapanoc  x^upbe  of  Theophrastus  to  the 
Hyacinthus  Comosus.  Stackhouse  prefers  the  Orv~ 
ganum  Mgyptiacum,  and  Dierbach  the  Teucrium 
Marum,  or  Mastich.  Upon  reference  to  the  Com- 
mentary of  Matthiolus  on  the  \idpov  of  Dioscoriden,4 
it  will  be  seen  that  this  last  opinion  had  been  for- 
merly entertained,  and  it  would  appear  to  be  a  very 
plausible  one.8 

♦AMARANTH'US  (d/idpavroc),  the  Amaranth, 
or  Never-fading,  as  its  name  indicates,  from  d,  priv., 
and  fxapaivco,  "  to  wither."  According  to  Pliny,6  the 
amaranth  appears  in  the  month  of  August,  and 
lasts  until  autumn.  That  of  Alexandrea  was  the 
most  esteemed.  What  the  same  writer,  however, 
states,  that  the  flowers  of  the  amaranth  bloom  anew 
on  being  plunged  into  water,  is  not  very  exact.  As 
the  flowers  are  of  a  very  dry  kind,  they  have  not 
much  humidity  to  lose,  and  therefore  may  be  pre- 
served merely  for  a  long  time.  The  description 
which  Pliny  gives  of  his  Amaranthus,  which  is  also 
that  of  Theophrastus,  points  at  once  to  the  Celosia 
cristata,  a  plant  originally  from  Asia,  but  cultivate  ■ 
in  Italy  a  long  time  before  Pliny's  day.  Bauhin  b*  • 
lieves  that  this  plant  is  to  be  found  in  Theophrastuv 
under  the  name  of  (plot;,  which  Theodore  Gaza 
translates  by  flamma.  The  dfxdpavroc  of  Dioscorides8 
is  another  plant,  probably  the  Gnaphalium  Stazchas 
of  Linnaeus.  The  ancients,  far  less  advanced  than 
the  moderns  in  the  art  of  manufacturing  stuffs,  were 
unable,  as  Pliny  informs  us,  to  imitate  the  softness 
of  the  amaranth.  The  moderns,  however,  have 
succeeded  in  this,  and  have  even  surpassed,  in  the 
fabrication  of  their  velvet,  the  beautiful  downy  sur- 
face of  this  flower.  The  common  name  of  the 
plant,  therefore,  passe-velours,  given  to  it  when  the  art 
of  fabricating  stuffs  was  yet  in  its  infancy,  suits  no 
longer,  and  the  Italian  appellation,  fior  di  velluto 
("  velvet-flower"),  is  much  more  applicable.9 
\  AMARUN'THIA  or  AMARU'SIA  (dpapvvdia  or 
dfiapvoia),  a  festival  of  Artemis  Amarynthia,  or  Am- 
arysia,  celebrated,  as  it  seems,  originally  at  Ama- 

I.  (Adams,  Append.,  s.  v.) — 2.  (Suet.,  Jul.,  74;  Octav.,  V 
Ner.,  44;  Tit.,  3;  Vesp.,  3.— Cic,  De  Orat.,  iii.,  60,  225.— Pi^- 
nori,  De  Servis,  109.)— 3.   (Ther.,  503.)^.   (iii.,  42.)— 5.  (Ad* 
ams,  Append.,  s.  v.)— -6.  (H.  N.,  xxi.,  8.) — 7.  (vj.,  6.) — 8.  (iv., 
57.)— 9.  (Fee,  in  Plin.,  1.  c.) 

45 


AMBITUS 


AMBITUS. 


iynthus,  in  Eubcea,  with  extraordinary  splendour; 
but  it  was  also  solemnized  in  several  places  in  Atti- 
ca, such  as  Athmone  ;x  and  the  Athenians  held  a  fes- 
tival, as  Pausanias  says,  in  honour  of  the  same  god- 
dess, in  no  way  less  brilliant  than  that  in  Euboea.2 
The  festival  in  Eubcea  was  distinguished  for  its 
splendid  processions;  and  Strabo  himself3  seems  to 
have  seen,  in  the  temple  of  Artemis  Amarynthia,  a 
column  on  which  was  recorded  the  splendour  with 
which  the  Eretrians  at  one  time  celebrated  this  fes- 
tival. The  inscription  stated  that  the  procession 
was  formed  of  three  thousand  heavy-armed  men, 
six  hundred  horsemen,  and  sixty  chariots.* 

AMBARVA'LIA.    (Vid.  Arvales  Fratres.) 

*AMBER.     (Vid.  Electrum.) 

AMBILUS'TRIUM.     (  Vid.  Lustrum.) 

AM'BITUS,  which  literally  signifies  "a  going 
about,"  cannot,  perhaps,  be  more  nearly  expressed 
than  by  our  word  canvassing.  After  the  plebs  had 
formed  a  distinct  class  at  Rome,  and  when  the 
whole  body  of  the  citizens  had  become  very  greatly 
increased,  we  frequently  read,  in  the  Roman  writers, 
of  the  great  efforts  which  it  was  necessary  for  can- 
didates to  make  in  order  to  secure  the  votes  of  the 
citizens.  At  Rome,  as  in  every  Community  into 
which  the  element  of  popular  election  enters,  solici- 
tation of  votes,  and  open  or  secret  influence  and 
bribery,  were  among  the  means  by  which  a  candi- 
date secured  his  election  to  the  offices  of  state. 

Whatever  may  be  the  authority  of  the  piece  en- 
titled "  &.  Ciceronis  de  Petitione  Consulatus  ad  M. 
Tullium  Fratrem,"  it  seems  to  present  a  pretty  fair 
picture  of  those  arts  and  means  by  which  a  candi- 
date might  lawfully  endeavour  to  secure  the  votes 
of  the  electors,  and  also  some  intimation  of  those 
means  which  were  not  lawful,  and  which  it  was  the 
object  of  various  enactments  to  repress.  As  the 
terms  which  relate  to  the  canvassing  for  public 
places  often  occur  in  the  Roman  writers,  it  may  be 
convenient  to  mention  the  principal  among  them 
here, 

A  candidate  was  called  petitor,  and  his  opponent, 
With  reference  to  him,  competitor.  A  candidate 
(candidatus)  was  so  called  from  his  appearing  in  the 
public  places,  such  as  the  fora  and  Campus  Mar- 
tius,  before  his  fellow-citizens,  in  a  whitened  toga. 
On  such  occasions,  the  candidate  was  attended  by 
his  friends  (deductores),  or  followed  by  the  poorer 
citizens  (sectatores),  who  could  in  no  other  manner 
show  their  good-will  or  give  their  assistance.5  The 
word  assiduitas  expressed  both  the  continual  pres- 
ence of  the  candidate  at  Rome,  and  his  continual 
solicitations.  The  candidate,  in  going  his  rounds 
or  taking  his  walk,  was  accompanied  by  a  nomen- 
clator,  who  gave  him  the  names  of  such  persons  as 
he  might  meet ;  the  candidate  was  thus  enabled  to 
address  them  by  their  name,  an  indirect  compliment 
which  could  not  fail  to  be  generally  gratifying  to  the 
electors.  The  candidate  accompanied  his  address 
with  a  shake  of  the  hand  (prensatio).  The  term 
benignitas  comprehended  generally  any  kind  of  treat- 
ing, as  shows,  feasts,  &c.  Candidates  sometimes 
left  Rome,  and  visited  the  coloniae  and  municipia, 
in  which  the  citizens  had  the  suffrage  ;  thus  Cicero 
proposed  to  visit  the  Cisalpine  towns  when  he  was 
a  candidate  for  the  consulship.6 

That  ambitus,  which  was  the  object  of  several 
pena.  enactments,  taken  as  a  generic  term,  compre- 
hended the  two  species,  ambitus  and  largitiones  (bri- 
bery). Liberalitas  and  benignitas  are  opposed  by 
Cicero,  as  things  allowable,  to  ambitus  and  largitio, 
as  things  illegal.7  Money  was  paid  for  votes;  and 
in  order  to  ensure  secrecy  and  secure  the  elector, 
persons  called  interpretes  were  employed  to  make 
the  bargain,  sequestres  to  hold  the  money  till  it  was 

5.  (Paus.,  i.,  31,  s.  3.) — 2.  (Hesych.,  s.  v.  'Apapvma-) — 3. 
(x.,  1,  p  324,  ed.  Tauchn.) — 4.  (Compare  Schol.  in  Pind.,  01. 
xiii.,  sub  fin.) — 5.  (Cic,  pro  Mursen.,  c  34  ) — 6.  (Cic,  ad  Att., 
l ,  1.) — 7    (Cic,  De  Orat.,  ii.,  25. — Compare  pro  Mursen.,  o.  36.) 

46 


to  be  paid,1  and  divtsores  to  distribute  it.*     The 
offence  of  ambitus  was  a  matter  which  belonged  to 
the  judicia  publica,  and  the  enactments  against  it 
were  numerous.    One  of  the  earliest,  though  not  the 
earliest  of  all,  the  Lex  ^Emilia  Baebia  (B.C.  182), 
was  specially  directed  against  largitiones.    The  Lex 
Cornelia  Fulvia  (B.C.  159)  punished  the  offence 
with  exile.    The  Lex  Acilia  Calpurnia  (B.C.  67) 
imposed  a  fine  on  the  offending  party,  with  exclusion 
from  the  senate  and  all  public  offices.    The  Lex 
Tullia  (B.C.  63),  passed  in  the  consulship  of  Cicero, 
in  addition  to  the  penalty  of  the  Acilian  law,  inflicted 
ten  years'  exilium  on  the  offender;  and,  among 
other  things,  forbade  a  person  to  exhibit  gladiatorial 
shows  (gladiatores  dare)  within  any  two  years  in 
which  he  was  a  candidate,  unless  he  was  required 
to  do  so,  on  a  fixed  day,  by  a  testator's  will.3    Two 
years  afterward,  the  Lex  Aufidia  was  passed,  by 
which,  among  other  things,  it  was  provided  that,  if 
a  candidate  promised  (pronuntiavit)  money  to  a 
tribe,  and  did  not  pay  it,  he  should  be  unpunished ; 
if  he  did  pay  the  money,  he  should  farther  pay  to 
each  tribe  (annually  ?)  3000  sesterces  as  long  as  he 
lived.    This  enactment  occasioned  the  witticism  of 
Cicero,  who  said  that  Clodius  observed  this  law  by 
anticipation,  for  he  promised,  but  did  not  pay.*   The 
Lex  Licinia  (B.C.  58)  was  specially  directed  against 
the  offence  of  sodalitium,  or  the  wholesale  bribery 
of  a  tribe  by  gifts  and  treating;5  and  another  lex, 
passed  (B.C.  52)  when  Pompey  was  sole  consul, 
had  for  its  object  the  establishment  of  a  speedier 
course  of  proceeding  on  trials  for  ambitus.     All 
these  enactments  failed  in  completely  accomplish- 
ing their  object.   That  which  no  law  could  suppress, 
so  long  as  the  old  popular  forms  retained  any  of 
their  pristine  vigour,  was  accomplished  by  the  impe- 
rial usurpation.    Julius  Caesar,  when  dictator,  nom- 
inated half  the  candidates  for  public  offices,  except 
the  candidates  for  the  consulship,  and  notified  his 
pleasure  to  the  tribes  by  a  civil  circular;  the  popu- 
lus chose  the  other  half.6    The  Lex  Julia  de  Ambitu 
was  passed  in  the  time  of  Augustus ;  but  the  offence 
of  ambitus,  in  its  proper  sense,  soon  disappeared, 
in  consequence  of  all  elections  being  transferred 
from  the  comitia  to  the  senate,  which  Tacitus,  in 
speaking  of  Tiberius,  briefly  expresses  thus :  "  The 
comitia  were  transferred  from  the  campus  to  the 
patres." 

While  the  choice  of  candidates  was  thus  partly 
in  the  hands  of  the  senate,  bribery  and  corruption 
still  influenced  the  elections,  though  the  name  of 
ambitus  was,  strictly  speaking,  no  longer  applicable. 
But  in  a  short  time,  the  appointment  to  public  offices 
was  entirely  in  the  power  of  the  emperors ;  and  the 
magistrates  of  Rome,  as  well  as  the  populus,  were 
merely  the  shadow  of  that  which  had  once  a  sub- 
stantial form.  A  Roman  jurist  of  the  imperial 
period  (Modestinus),  in  speaking  of  the  Julia  Lex 
de  Ambitu,  observes,  "  This  law  is  now  obsolete  in 
the  city,  because  the  creation  of  magistrates  is  the 
business  of  the  princeps,  and  does  not  depend  on  the 
pleasure  of  the  populus ;  but  if  any  one  in  a  muni- 
cipium  should  offend  against  this  law  in  canvassing 
for  a  sacerdotium  or  magistratus,  he  is  punished, 
according  to  a  senatus  consultum,  with  infamy,  and 
subjected  to  a  penalty  of  100  aurei."7 

The  trials  for  ambitus  were  numerous  in  the  time 
of  the  Republic.  The  oration  of  Cicero  in  defence 
of  L.  Murena,  who  was  charged  with  ambitus,  and 
that  in  defence  of  Cn.  Plancius,  who  was  charged 
with  that  offence  specially  called  sodalitium,  are  both 

■  AMBAfl'SEflS  rPA$H  (afdJiuaeac  ypaQr/),  an 
action  brought  in  the  Athenian  courts  against  an  in- 
dividual who  had  procured  the  abortion  of  a  maJe 

1.  (Cic,  pro  Cluent.,  26.)— 2.  (Cic,  ad  Att.,  i.,  16.)— 3.  (Cic, 
in  Vatin.,  15.)— 4.  (Cic,  ad  Att.,  i.,  16.)  — 5.  (Cic,  pro  Cn 
Plane,  15.)— 6.  (Suet.,  Jul.,  41  )— 7.  (Die.  48,  tit   14  )— 8.  (Si 
gonius,  De  Antiquo  Jure  Pop.  Rom.,  p.  545.) 


AMENTUM. 


AMETHVSTUS 


mild  by  means  of  a  potion  (a/i6Xco8pc6tov).  The  loss 
>f  a  speech  of  Lysias  on  this  subject  has  deprived 
as  of  tke  opinions  of  the  Athenians  on  this  crime. 
It  does  not  appear,  however,  to  have  been  looked 
upon  as  a  capital  offence.1 

Among  the  Romans,  this  crime  {partus  abactio,  or 
abortus  procuratio)  seems  to  have  been  originally  un- 
noticed by  the  laws.  Cicero  relates  that,  when  he 
was  in  Asia,  a  woman  who  had  procured  the  abor- 
tion of  her  offspring  was  punished  with  death;2 
but  this  does  not  appear  to  have  been  in  accordance 
with  the  Roman  law.  Under  the  emperors,  a  wom- 
an who  had  procured  the  abortion  of  her  own 
child  was  punished  with  exile  ;3  and  those  who  gave 
the  potion  which  caused  the  abortion  were  con- 
demned to  the  mines  if  of  low  rank,  or  were  ban- 
ished to  an  island,  with  the  loss  of  part  of  their 
property,  if  they  were  in  respectable  circumstances.4 

AMBRO'SIA  (afzOpoaia),  festivals  observed  in 
Greece  in  honour  of  Dionysus,  which  seem  to  have 
derived  their  name  from  the  luxuries  of  the  table, 
or  from  the  indulgence  of  drinking.  According  to 
Tzetzes  on  Hesiod,5  these  festivals  were  solemnized 
in  the  month  of  Lenseon,  during  the  vintage. 

AMBRO'SIA  (a[i6p6oia).  I.  The  food  of  the  gods, 
which  conferred  upon  them  eternal  youth  and  im- 
mortality, and  was  brought  to  Jupiter  by  pigeons.6 
It  was  also  used  by  the  gods  for  anointing  their  body 
and  hair;7  whence  we  read  of  the  ambrosial  locks 
of  Jupiter  (au6p6<jiai  xa^TaL)%  H-  A  plant,  the  same 
with  the  Ambrosia  maritima.9 

AMBUR'BIUM  or  AMBURBIA'LE,  a  sacri- 
fice which  was  performed  at  Rome  for  the  purifica- 
tion of  the  city,  in  the  same  manner  as  the  ambar- 
valia  was  intended  for  the  purification  of  the  coun- 
try. The  victims  were  carried  through  the  whole 
town,  and  the  sacrifice  was  usually  performed  when 
any  danger  was  apprehended  in  consequence  of  the 
appearance  of  prodigies,  or  other  circumstances.10 
Scaliger  supposes  that  the  amburbium  and  ambar- 
valia  were  the  same,  but  their  difference  is  expressly 
asserted  by  Servius11  and  Vopiscus  (amburbium  cele- 
bratum,  ambarvalia  promissa)}2 

AME'AIOT  AIKH  (a/ueXiov  6lk7]),  an  action  men- 
tioned by  Hesychius,  which  appears  to  have  been 
brought  by  a  landlord  against  his  tenant,  for  the 
same  reason  as  the  ayeupyiov  di/cr/ :  at  least  we  have 
no  information  of  the  difference  between  them, 
though  it  is  probable  that  some  existed.     {Vid. 

ArEGPnor  aikh.) 

AMEN'TUM,  a  leathern  thong,  either  applied 
for  fastening  the  sandal  to  the  foot,  or  tied  to  the 
middle  of  the  spear,  to  assist  in  throwing  it. 

The  thong  of  the  sandal  is  more  frequently  called 
corrigia,  ligula,  or  lorum;  so  that  amentum  is  com- 
monly employed  in  the  latter  of  the  two  significa- 
tions above  expressed :  e.  g., 

"  Intendunt  acres  arcus,  amentaque  torquent."13 

"  Amentum  digitis  tende  prioribus, 
Et  totis  jaculum  dirige  viribus"1* 

We  are  not  informed  how  the  amentum  added  to 
the  effect  of  throwing  the  lance  ;  perhaps  it  was  by 
giving  it  rotation,  and  hence  a  greater  degree  of 
steadiness  and  directness  in  its  flight,  as  in  the  case 
of  a  ball  shot  from  a  rifle-gun.  This  supposition 
both  suits  the  expressions  relative  to  the  insertion 
of  the  fingers,  and  accounts  for  the  frequent  use  of 
the  verb  torquere,  to  whirl  or  twist,  in  connexion 
with  this  subject.  Compare  the  above-cited  passage 
of  Virgil  with  such  as  the  following:  Amentatas 
hastas  torquebit."1* 


1.  (Meier,  Att.  Process,  p.  310.)— 2.  (Pro  Cluent.,  c.  11.)— 
3.  (Dig.  47,  tit.  11,  s.  4  ;  48,  tit.  8,  s.  8  ;  tit.  19,  s.  39.)— 4.  (Dig. 
48,  tit.  19,  s.  38,  I)  5.)— 5.  (Op.  ct  D.,  v.,  504.)— 6.  (Od.,  v.,  93  ; 
xii.,  63.)— 7.  (II.,  xiv.,  170.)— 8.  (II.,  i.,  529.)— 9.  (Dioscor., 
iii.,  118.)— 10.  (Obseq.,  De  Prodig.,  c.  43.— Apul.,  Metamorph., 
iii.,  ab  init.,  p.  49,  Bipont—  Lucan,  i.,  593.)— 11.  (In  Virsr., 
Eclo?.  iii.,  77.)— 12.  (.Aurel.,  c.  20.)— 13.  (Tvrg.,  JEn.,  ix.,  665.) 
—14.  (Seneo  ,  Hippo]  ,  i;.) — 15.  (Cic,  De  Orat.,  i.,  57.) 


"  Inserit  amento  digitos,  nee  plura  tocuVm 
I/ijuvenem  torsit  jaculum."1 

In  the  annexed  figure,  taken  from  Sir  W.  Hamil' 
ton's  Etruscan  Vases,2  the  amentum  seems  to  be 
attached  to  the  spear  at  the  centre  of  gravity,  a 
little  above  the  middle. 


*AMETHYSTUS  (apidvoTov  or  -oc),  the  Ame- 
thyst, a  precious  stone  of  a  purple  or  violet  coloui 
in  different  degrees  of  deepness.  In  modem  min- 
eralogy, the  name  has  been  applied  to  two  precious 
stones  of  essentially  different  natures:  1.  the  Ori- 
ental amethyst,  which  is  a  rare  variety  of  adaman- 
tine spar  or  corundum;  and,  2.  the  Occidental  or 
common  amethyst.3  The  ancients,  on  the  other 
hand,  reckoned  five  species,  differing  in  degrees  of 
colour.  Their  Indian  amethyst,  to  which  Pliny 
assigns  the  first  rank  among  purple  or  violet-col- 
oured gems,  appears  to  have  been  our  Oriental  spe- 
cies, which  is  nothing  more  than  a  violet-coloured 
sapphire.  "  Those  amethysts,  again,  which  Pliny 
describes  as  easily  engraved  (scalpturis  faciles),  may 
have  been  the  violet-coloured  fluor  spar,  now  called 
false  amethyst ;  and  the  variety  of  quartz  which  is 
now  commonly  styled  amethyst,  is  well  described 
by  the  Roman  writer  as  that  fifth  kind,  which  ap- 
proaches crystal,  the  purple  vanishing  and  fading 
into  white.  Some  mineralogists  think  that  the 
amethyst  of  the  ancients  was  what  we  call  garnet ; 
but  there  seems  little  in  its  description  resembling 
the  garnet,  except  that  one  kind  of  it  approached  the 
hyacinth  in  colour,  as  Pliny  and  Epiphanius  ob- 
serve; that  is,  had  a  very  strong  shade  of  red;  and 
so,  sometimes,  has  our  amethyst.  We  see  our  ame  • 
thyst,  indeed,  plainly  indicated  in  one  of  the  reasons 
assigned  by  Pliny  for  its  name,  that  it  does  not 
reach  the  colour  of  wine  (a,  priv.,  and  fxedv,  "vtine"), 
but  first  fades  into  violet.  He  afterward  suggests 
another,  which  is  the  more  common  derivation, 
saying  that  the  Magi  falsely  asserted  that  these 
gems  were  preservative  against  intoxication  («, 
priv.,  and  fiedvu,  "  to  intoxicate'").  Theophrastus 
twice  mentions  the  amethyst  (afj.tdvoTov),b\it  not  in 
such  a  way  as  to  determine  it ;  classing  it  in  one 
place  with  crystal,  as  diaphanous,  and  afterward 
observing  that  it  is  wine-coloured.* 


1.  (Ovid,  Met.,  xii.,  321.)— 2.  (iii.,  pi.  33.)—  3.  (Fee  in  Plin. 
xxxvii.,  9.) — 4.  (Moore's  Anc.  Mineral.,  p.  168. — De  Last  df 
Gemm.,  i.,  5.) 

47 


AMMI. 


AMPHICTYONS. 


*AMiA,  a  fish  of  the  tunny  species,  the  same 
&i\i  the  Scomber  amia,  in  Italian,  Leccia.  Schweig- 
haeuser1  says  its  French  name  is  boniton.  Rondo- 
let  mentions  that  he  had  seen  individuals  which 
measured  three  and  a  half  feet  in  length.  Its  head 
was  the  part  most  esteemed  by  the  bon  vivants  of 
Greece  and  Rome.  The  etymologist  remarks  that 
it  is  gregarious,  and  hence  its  name,  from  up-a,  "  to- 
gether," and  levat,  "  to  go."  The  Amia  is  the  same 
as  the  TpunTnc  of  iElian,2  the  Tlavaoe  of  Aristotle,3 
Oppian,  and  Athenagus,  and  the  Glaucus  of  Ovid 
and  others.* 

*AMIANTH/US  (dficavroc),  a  variety  of  Asbes- 
tus,  called  in  French  Alum  de  Plume.  It  consists 
principally,  according  to  Chevenix,  of  silex,  mag- 
nesia, lime,  and  alumine,  and  from  it  was  formed 
the  celebrated  Linum  asbestinum,  or  Asbestos-linen. 
Napkins  and  other  articles  made  of  this  were,  when 
soiled,  thrown  into  the  fire,  and  cleansed  by  this 
process  as  others  are  by  washing.  Hence  the  name 
Amianthus  given  to  the  species  in  question,  signify- 
ing pure,  undejiled  (from  d,  priv.,  and  fxiavroc,  "  de- 
filed"), because,  being  indestructible  in  any  ordinary 
fire,  it  was  restored  to  its  original  purity  and  white- 
ness simply  by  casting  it  into  the  flames.  Where 
amianthus  occurs,  as  it  doe«  in  many  countries, 
with  fibres  sufficiently  long  and  flexible  for  that 
purpose,  it  is  often  now,  as  anciently  it  was,  spun 
and  woven  into  cloth;  and  has  in  modern  times 
been  successfully  manufactured  into  paper,  gloves, 
purses,  ribands,  girdles,  and  many  other  things. 
The  natives  of  Greenland  even  use  it  for  the  wicks 
of  lamps,  as  the  ancients  also  did.5 

AMICTUS,  dim.  AMIC'ULUM. 

The  verb  amicire  is  commonly  opposed  to  induere, 
the  former  being  applied  to  the  putting  on  of  the 
outer  garment,  the  pallium,  laena,  or  toga  (ipariov, 
yupoe) ;  the  latter,  to  the  putting  on  of  the  inner 
garment,  the  tunic  (xltuv).  Grceco  pallid  amictus.6 
Velis  amictos,  non  togis?  In  consequence  of  this 
distinction,  the  verbal  nouns  amictus  and  indutus, 
even  without  any  farther  denomination  of  the  dress 
'ueing  added,  indicate  respectively  the  outer  and  the 
i,mer  clothing.8  The  Ass  says,  in  Apuleius,9  Deam, 
S.rico  contectam  amiculo,  mihi  gerendam  imponunt, 
meaning,  "  They  place  on  me  the  goddess,  covered 
with  a  small  silken  scarf."  The  same  author  says 
that  the  priests  of  the  Egyptians  used  linen  indului 
ft  amittui ;  i.  e.,  both  for  their  inner  and  outer 
clothing. 

In  Greek,  amicire  is  expressed  by  a/j.<pievvvodai, 
auTTEXi  76at,  ETudu^eadaL,  irepidaAleadai :  and  indu- 
ere by  hdvvetv.  Hence  came  uuttexovt],  kirWTi^ua 
and  eTTi6oXatov,  TrspiSXrifia  and  Trepi667icaov,  an  outer 
garment,  a  sheet,  a  shawl  ;  and  evdvua,  an  inner 
garment,  a  tunic,  a  shirt.  When  Socrates  was 
about  to  die,  his  friend  Apollodorus  brought  him 
both  the  inner  and  the  outer  garment,  each  being  of 
great  excellence  and  value,  in  order  that  he  might 
put  them  on  before  drinking  the  hemlock  :  i/i-iov 
evdvvra  avrbv  rbv  %iTU)va,  nai  ■d-oipidriov  TcspifjaWo- 
tievov,  elra  ovro  tueiv  to  QapfiaKOV.10 

AMMA  (u/nfia),  a  Greek  measure  of  length,  equal 
to  forty  nr/x^i-c  (cubits),  or  sixty  rcodec  (feet)  ;  that 
is,  twenty  yards  8-1  inches  English.  It  was  used 
in  measuring  land.11 

*  AMMI,  a  plant,  the  same,  according  to  Sprengel, 
with  the  Ammi  Copticum.  Matthiolus  and  Dodonse- 
us,  who  give  drawings  of  it,  seem  to  point  to  the 
same  plant,  namely,  Bishop's-weed.    It  must  not  be 


1.  (in  Athen.,  vii.,  6.)— 2.  (N.  A.,  i.,  5.)— 3.  (Aristot.,  H.  A., 
ii.,  17  ;  viii.,  13.)^.  (Ovid,  Hal.,  117.— Plin.,  H.  N.,  xxxii,  11. 
— Adams,  Append.,  s.  v.) — 5.  (Dioscor.,  v.,  155. — Plin.,  H.  N., 
six.,  4. — De  Laet,  de  Gemm.,  ii.,  8. — Moore's  Anc.  Mineral.,  p. 
112.)— 6.  (Plin.,  Ep.  iv.,  11.)— 7.  (Cic.  in  Cat.,  ii.,  10.)— 8. 
(Vid.  Tibull.,  l.,  9,  13.— Nep.,  Cimon.,  iv.,  2.— Id.,Dat.,  iii.,  2. 
-Virg.,  .ZEn.,  iii.,  545 ;  v.,  421,  compared  with  Apol.  Rhod., 
ii.,  30. — Val.  Max.  v.,  2,  compared  with  iElian,  V.  H.,  iv.,  5.) — 
y.  (Met.  viii.)— 10.  (iElian,  V.  H.,  i.,  16.)— 11.  (Hero,  de 
Mensuris.) 

4« 


confounded,  however,  with  the  plant  called  Bishop'*- 
weed  in  Scotland,  which  is  txie  JEgopodium  podo- 
graria.1 

*AMMODTTES  (anfiodvr/je),  a  species  of  ser- 
pent, which  Aetius  describes  as  being  a  cubit  ir 
length,  and  of  a  sand  colour,  with  black  spots. 
Matthiolus,  in  his  commentary  on  Dioscorides,  do 
termines  it  to  have  been  a  species  of  viper.  It  wa 
most  probably,  then,  only  a  variety  of  the  exi-c,  01 
Coluber  ammodytes.  This  is  the  serpent  known  by 
the  name  of  the  Horned  viper  of  Illyricum;  iti 
venom  is  active.  In  the  Latin  translation  of  Avi- 
cenna  it  is  called  Amindatus  and  Caularus,  which 
are  corruptions  of  Ammodytes  and  Coluber.2 

♦AMMONFACUM  (dpifioviaicov),  Gum  Ammoniac. 
Even  at  the  present  day  it  is  not  well  ascertained 
what  species  of  Ferula  it  is  which  produces  this 
gum.  Dioscorides  gives  it  the  name  of  dyaovllic. 
The  afifiovianbv  ^vfj-iafia  was  the  finest  kind  of  it, 
and  was  so  called  because  used  as  a  perfume  in 
sacred  rites.3  The  akr  'A^juovtaKoc,  or  Sal  Ammoni- 
ac, was  a  Fossil  salt,  procured  from  the  district  of 
Africa  adjoining  the  temple  of  Jupiter  Ammon.  It 
therefore  was  totally  different  from  the  Sal  Ammoniac 
of  the  moderns,  which  is  HydrocMorus  Ammonia.* 

*AMPELITIS  {aimeliTLc  y^),  a  Bituminous  Earth, 
found  near  Seleucia  in  Syria.  It  was  black,  and 
resembled  small  pine  charcoal ;  and  when  rubbed 
to  powder,  would  dissolve  in  a  little  oil  poured  upon 
it.  Its  name  was  derived  from  its  being  used  to 
anoint  the  vine  (u/j,tzs?mc),  and  preserve  it  from  the 
attack  of  worms.5 

*AMPELOTRASUM  {up-KEMTrpaoov),  the  Allium 
Ampeloprasum,  or  Dog-leek,  called  in  French  Porret 
de  chien.6 

*AMTELOS.    (Vid.  Vitis.) 

*AMO'MUM.     (Vid.  AMG'MON,  page  55.) 

AMPHIARA'IA  (apQiapdid),  games  celebrated  m 
honour  of  the  ancient  hero  Amphiaraus,  in  the 
neighbourhood  of  Oropus,  where  he  had  a  temple 
with  a  celebrated  oracle.7 

AMPHICTYONS.  Institutions  called  Am- 
phictyonic  appear  to  have  existed  in  Greece  from 
time  immemorial.  Of  their  nature  and  object  his- 
tory gives  us  only  a  general  idea;  but  we  may 
safely  believe  them  to  have  been  associations  of 
originally  neighbouring  tribes,  formed  for  the  regu- 
lation of  mutual  intercourse  and  the  protection  of  a 
common  temple  or  sanctuary,  at  which  the  repre- 
sentatives of  the  different  members  met,  both  to 
transact  business,  and  celebrate  religious  rites  and 
games.  This  identity  of  religion,  coupled  with 
near  neighbourhood,  and  that,  too,  in  ages  of  remote 
antiquity,  implies,  in  all  probability,  a  certain  degree 
of  affinity,  which  might  of  itself  produce  unions  and 
confederacies  among  tribes  so  situated,  regarding 
each  other  as  members  of  the  same  great  family. 
They  would  thus  preserve  among  themselves,  and 
transmit  to  their  children,  a  spirit  of  nationality  and 
brotherhood;  nor  could  any  better  means  be  de- 
vised than  the  bond  of  a  common  religious  worship, 
to  counteract  the  hostile  interests  which,  sooner  or 
later,  spring  up  in  all  large  societies.  The  causes 
and  motives  from  which  we  might  expect  such  in- 
stitutions to  arise  existed  in  every  neighbourhood ; 
and,  accordingly,  we  find  many  Amphictyonies  of 
various  degrees  of  importance,  though  our  informa- 
tion respecting  them  is  very  deficient. 

Thus  we  learn  from  Strabo  that  there  was  one 
of  some  celebrity,  whose  place  of  meeting  was  a 
sanctuary  of  Poseidon,8  at  Calauria,  an  ancient  set- 
tlement of  the  Ionians  in  the  Saronic  Gulf.     The 


1.  (Dioscor.,  iii.,  63. — Galen,  de  Simpl.,  v. — Adams,  Append., 
s>  v.)— 2.  (Adams,  Append.,  s.  v.)— 3.  (Matthiolus  in  Dioscor., 
iii.,  87.— Paul.  JEgin.,  vii.,  3.— Needham  in  Geopon.,  xiii.,  11.) 
—4.  (Adams,  Append,  s.  v.)— 5.  (Dioscor.,  v.,  138.— Moore'» 
Anc.  Mineral.,  p.  73.)— 6.  (Dioscor.,  ii.,  178.)— 7.  (Schol.  ii 
Pind.,  Olymp.  vii.,  154.)— 8.  (Muller,  Dorians,  b.  ii.,  c.  10,  '  « 
— Strabo,  viii.,  6.) 


AMPHIOTYONS. 


AMPHICTYONS. 


original  members  were  Epidaurus,  Hermaeum, 
Nauplia,  Prasias  in  Laconia,  iEgina,  Athens,  and 
the  Boeotian  Orchomenus,1  whose  remoteness  from 
eacn  <Jther  makes  it  difficult  to  conceive  what  could 
have  been  the  motives  for  forming  the  confedera- 
tion, more  especially  as  religious  causes  seem  pre- 
cluded, by  the  fact  that  Trcezen,  though  so  near  to 
Calauria,  and  though  Poseidon  was  its  tutelary 
g  xl,  was  not  a  member.  In  after  times,  Argos  and 
Sparta  took  the  place  of  Nauplia  and  Prasiae,  and 
religious  ceremonies  were  the  sole  object  of  the 
meetings  of  the  association.  There  also  seems  to 
have  been  another  in  Argolis,2  distinct  from  that  of 
Oalauria,  the  place  of  congress  being  the  'Hpalov, 
or  temple  of  Hera.  Delos,3  too,  was  the  centre  of 
an  Amphictyony  —  the  religious  metropolis,  or 
'Ictltj  vr/ocov  of  the  neighbouring  Cyclades,  where 
deputies  and  embassies  (d-eupoi)  met  to  celebrate 
religious  solemnities  in  honour  of  the  Dorian  Apol- 
lo, and  apparently  without  any  reference  to  political 
objects. 

Nor  was  the  system  confined  to  the  mother-coun- 
ry ;  for  the  federal  unions  of  the  Dorians,  Ionians, 
and  iEolians,  living  on  the  west  coast  of  Asia 
Minor,  seem  to  have  been  Amphictyonic  in  spirit, 
although  modified  by  exigences  of  situation.  Their 
main  essence  consisted  in  keeping  periodical  festi- 
vals in  honour  of  the  acknowledged  gods  of  their 
respective  nations.  Thus  the  Dorians*  held  a 
federal  festival,  and  celebrated  religious  games  at 
Triopium,  uniting  with  the  worship  of  their  national 
god  Apollo  that  of  the  more  ancient  and  Pelasgic 
^emeter.  The  Ionians  met  for  similar  purposes, 
in  nonour  of  the  Heliconian  Poseidon  at  Mycale ; 
their  place  of  assembly  being  called  the  Panionium, 
and  their  festival  Panionia.  (Poseidon  was  the 
god  of  the  Ionians,  as  Apollo  of  the  Dorians.5)  The 
twelve  towns  of  the  iEolians  assembled  at  Gryneum, 
in  honour  of  Apollo.  That  these  confederacies 
were  not  merely  for  offensive  and  defensive  purpo- 
ses, may  be  inferred  from  their  existence  after  the 
subjugation  of  these  colonies  by  Croesus ;  and  we 
know  that  Halicarnassus  was  excluded  from  the 
Dorian  union,  merely  because  one  of  its  citizens 
had  not  made  the  usual  offering  to  Apollo  of  the 
prize  he  had  won  in  the  Triopic  contests.  A  con- 
federation somewhat  similar,  but  nrre  political 
than  religious,  existed  in  Lycia:8  it  was  called  the 
"  Lycian  system,"  and  was  composed  of  twenty- 
three  cities. 

But,  besides  these  and  others,  there  was  one  Am- 
phictyony of  greater  celebrity  than  the  rest,  and 
much  more  lasting  in  its  duration.  This  was,  by 
way  of  eminence,  called  the  Amphictyonic  League  ; 
and  by  tracing  its  sphere  of  action,  its  acknowledged 
duties,  and  its  discharge  of  them,  we  shall  obtain 
more  precise  notions  of  such  bodies  in  general. 
This,  however,  differed  from  the  other  associations 
in  having  two  places  of  meeting,  the  sanctuaries  of 
two  divinities,  which  were  the  temple  of  Demeter, 
in  the  village  of  Anthela,  near  Thermopylae,7  where 
the  deputies  met  in  autumn,  and  that  of  Apollo  at 
Delphi,  where  they  assembled  in  spring.  The  con- 
nexion of  this  Amphictyony  with  the  latter  not  only 
contributed  to  its  dignity,  but  also  to  its  perma- 
nence. With  respect  to  its  early  history,  Strabo8 
says,  that  even  in  his  days  it  was  impossible  to 
learn  its  origin.  We  know,  however,  that  it  was 
originally  composed  of  twelve  tribes  (not  cities  or 
states,  it  must  be  observed),  each  of  which  tribes 
contained  various  independent  cities  or  states. 
We  learn  from  iEschines,9  a  most  competent  au- 
thority (B.C.  343),  that  eleven  of  these  tribes  were 
i*a  follow :  the  Thessalians,  Boeotians  (not  Thebans 

I.  (Thirlwall,  H.  G.,  vol.  i.,  p.  375.)— 2.  (Strabo,  1.  c.)— 3. 
(Miiller  b.  ii.,  c.  3,  s.  7.— Callim.,  Hymn.,  325.)— 4.  (Herod.,  i., 
144.)— 5.  (Miiller,  b.  ii.,  c.  10,  s.  5.— Strabo,  viii.,  7.)— fi. 
'Strabo,  xiv.,  3.)— 7.  (Herod.,  vii.,  200.)— 8.  (ix.,  289.)~9  (De 
F  L.,  122,  Bekker.) 
G 


only),  Dorians,  Ionians,  Perrhaebians,  Magnete*., 
Locrians,  CEtasans  or  CEnianians,  Phthiots  or  Achae- 
ans  of  Phthia,  Malians,  and  Phoc^ans ;  other  lists 
leave  us  in  doubt  whether  the  remaining  tribe  were 
the  Dolopes  or  Delphians  ;  but,  as  the  Delphians 
could  hardly  be  called  a  distinct  tribe,  their  nobles 
appearing  to  have  been  Dorians,  it  seerrs  probabie 
that  the  Dolopes  were  originally  menbers,  and 
afterward  supplanted  by  the  Delphians.1  The  pre- 
ponderance of  Thessalian  tribes  proves  the  antiquity 
of  the  institution ;  and  the  fact  of  the  Dorians  stand- 
ing on  an  equality  with  such  tribes  as  the  Malians, 
shows  that  it  must  have  existed  before  the  Dorian 
conquest,  which  originated  several  states  more  ]  iow- 
erful,  and,  therefore,  more  likely  to  have  sent  i  heir 
respective  deputies,  than  the  tribes  mentioned. 

We  also  learn  from  iEschines  that  each  of  these 
tribes  had  two  votes  in  congress,  and  that  deputies 
from  such  towns  as  (Dorium  and2)  Cytinium  had 
equal  power  with  the  Lacedaemonians,  and  that 
Eretria  and  Priene,  Ionian  colonies,  were  on  a  par 
with  Athens  (lao^^oi  toIc  'Adrjvaioic).  It  seems, 
therefore,  to  follow,  either  that  each  Amphictyonic 
tribe  had  a  cycle,3  according  to  which  its  component 
states  returned  deputies,  or  that  the  vote  of  the  tribe 
was  determined  by  a  majority  of  votes  of  the  differ- 
ent state*  or  that  tribe.  The  latter  supposition 
might  explaiiv  the  fact  of  their  being  a  larger  and 
smaller  assembly — a  (3ov2,r/  and  eKKlrjala — at  some 
of  the  congresses ;  and  it  is  confirmed  by  the  cir- 
cumstance that  there  was  an  annual  election  of 
deputies  at  Athens,  unless  this  city  usurped  func- 
tions not  properly  its  own. 

The  council  itself  was  composed  of  two  classes 
of  representatives,  one  called  pylagorae,  the  other 
hieromnemones.  Of  the  former,  three  were  annually 
elected  at  Athens  to  act  with  one  hieromnemon  ap- 
pointed by  lot.*  That  his  office  was  highly  honour- 
able we  may  infer  from  the  oath  of  the  Heliasts,*  in 
which  he  is  mentioned  with  the  nine  archons.  On 
one  occasion  we  find  that  the  president  of  the  coun- 
cil was  a  hieromnemon,  and  that  he  was  chosen 
general  of  the  Amphictyonic  forces,  to  act  against 
the  Amphissians.6  Hence  it  has  been  conjectureu 
that  the  hieromnemones,  also  called  lepo-ypafifiaTelg, 
were  superior  in  rank  to  the  pylagorae.7  iEschines 
also  contrasts  the  two  in  such  a  way  as  to  warran; 
the  inference  that  the  former  office  was  the  more 
permanent  of  the  two.  Thus  he  says,*  "When 
Diognetus  was  hieromnemon,  ye  chose  me  and  two 
others  pylagorae."  He  then  contrasts  "  the  hiero- 
mnemon of  the  Athenians  with  the  pylagorae  for  the 
time  being."  Again,  we  find  inscriptions9  contain- 
ing surveys  by  the  hieromnemones,  as  if  they  formec. 
an  executive ;  and  that  the  council  concluded  their 
proceedings  on  one  occasion10  by  resolving  that  there 
should  be  an  extraordinary  meeting  previously  to 
the  next  regular  assembly,  to  which  the  hieromne- 
mones should  come  with  a  decree  to  suit  the  emer- 
gency, just  as  if  they  had  been  a  standing  committee. 
Their  name  implies  a  more  immediate  connexion 
with  the  temple,  but  whether  they  voted  or  not  ii 
only  a  matter  of  conjecture;  probably  they  did  not. 
The  eKKlrjaia,  or  general  assembly,  included  not  only 
the  classes  mentioned,  but  also  those  who  had  joined 
in  the  sacrifices,  and  were  consulting  the  god.  It 
was  convened  on  extraordinary  occasions  by  the 
chairman  of  the  council  ('0  raf  yvufxag  emxpiiQiCuv.)11 

Of  the  duties  of  this  latter  body,  nothing  will  give 
us  a  clearer  view  than  the  oaths  taken  and  the  de- 

1.  (Titmann,  p.  39.) — 2  (There  is  a  doubt  about  the  reading. 
Vid.  Thucvd.,  iii.,  95  —Strabo,  ii.,  4.)— 3.  (Strabo,  ix.,  c.  3.)— 
4.  (Aristoph.,  Nub  ,  607.)— 5.  (Demosth.,  c.  Timocr.,  170,  Bek- 
ker.)—6.  (^sch.,  de  F.  L.)— 7.  (Titmann,  iv.,  4.)— 8.  (C  Ctes., 
115,  Bekker.  The  scholiast  on  Aristoph.,  Nub.,  says,  that  the 
hieromnemon  was  elected  for  life.  This  is  the  opinion  of  Tit- 
mann :  Ueber  den  Bund  der  Amphictyonen.  See  Schomann,  On 
the  Assemblies.  &c,  p.270,transl.)— 9.  (Bockh,  Corpus  Inscript., 
No.  1711,quot(d  by  Miiller.)— 10.  (JEsohin^  c.  Ctes.,  124,  Bflk 
ker.)— 11.  (JEs  -bines,  c.  Ctes    124.) 

49 


AMPHICTYONS. 


AMPHICTYONS. 


trees  made.  The  oath  was  as  follows  :l  "  They 
would  destroy  no  city  of  the  Amphictyons,  nor  cut 
off  their  streams  in  war  or  peace ;  and  if  an)r  should 
do  so,  they  would  march  against  him  and  destroy 
his  cities ;  and  should  any  pillage  the  property  of 
the  god,  or  be  pnvy  to  01  plan  anything  against 
what  was  in  his  temple  (at  Delphi),  they  would  take 
vengeance  on  him  with  hand,  and  foot,  and  voice,  and 
all  their  might."  There  are  two  decrees  given  by 
Demosthenes,  both  commencing  thus  :a  "  When 
;  /leinagoras  was  priest,  at  the  spring  meeting,  it  was 
resolvei  by  the  pylagorae  and  their  assessors,  and 
the  general  body  of  the  Amphictyons,"  &c.  The  res- 
olution in  the  second  case  was,  that  as  the  Amphis- 
sians  continued  to  cultivate  the  sacred  district,  Philip 
of  Macedon  should  be  requested  to  help  Apollo  and 
the  Amphictyons,  and  was  thereby  constituted  abso- 
lute general  of  the  Amphictyons.  He  accepted  the 
office,  and  soon  reduced  the  offending  city  to  sub- 
jection. From  the  oath  and  the  decrees,  we  see  that 
the  main  duty  of  the  deputies  was  the  preservation 
of  the  rights  and  dignity  of  the  temple  at  Delphi. 
We  know,  too,  that  after  it  was  burned  down  (B.C. 
548),  they  contracted  with  the  Alcmaeonidae  for  the 
rebuilding;3  and  Athenseus  (B.C.  160)  informs  us,* 
that  in  other  matters  connected  with  the  worship  of 
the  Delphian  god,  they  condescended  to  the  regula- 
tion of  the  minutest  trifles.  History,  moreover, 
teaches  that,  if  the  council  produced  any  palpable 
effects,  it  was  from  their  interest  in  Delphi;  and 
though  it  kept  up  a  standing  record  of  what  ought 
to  have  been  the  international  law  of  Greece,  it 
sometimes  acquiesced  in,  and  at  other  times  was  a 
party  to,  the  most  iniquitous  and  cruel  acts.  Of 
this  the  case  of  Crissa  is  an  instance.  This  town 
lay  on  the  Gulf  of  Corinth,  near  Delphi,  and  was 
much  frequented  by  pilgrims  from  the  West.5  The 
Crissaeans  were  charged  by  the  Delphians  with  un- 
due exactions  from  these  strangers.  The  council 
declared  war  against  them,  as  guilty  of  a  wrong 
against  the  god.  The  war  lasted  ten  years,  till,  at 
the  suggestion  of  Solon,  the  waters  of  the  Pleistus 
were  turned  off,  then  poisoned,  and  turned  again 
into  the  city.  The  besieged  drank  their  fill,  and 
Crissa  was  soon  razed  to  the  ground ;  and  thus,  if 
it  were  an  Amphictyonic  city,  was  a  solemn  oath 
doubly  violated.  Its  territory — the  rich  Cirrheean 
plain — was  consecrated  to  the  god,  and  curses  im- 
precated upon  whomsoever  should  till  or  dwell  in  it. 
Thus  ended  the  First  Sacred  War  (B.C.  585),  in 
which  the  Athenians  were  the  instruments  of  Del- 
phian vengeance.6  The  Second,  or  Phocian  War 
(B.C.  350),  was  the  most  important  in  which  the 
Amphictyons  were  concerned  ;7  and  in  this  the 
Thebans  availed  themselves  of  the  sanction  of  the 
council  to  take  vengeance  on  their  enemies,  the 
Phocians.  To  do  this,  however,  it  was  necessary 
to  call  in  Philip  of  Macedon,  who  readily  proclaim- 
ed himself  the  champion  of  Apollo,  as  it  opened  a 
pathway  to  his  own  ambition.  The  Phocians  were 
subdued  (B.C.  346),  and  the  council  decreed  that  all 
their  cities,  except  Abse,  should  be  razed,  and  the  in- 
habitants dispersed  in  villages  not  containing  more 
than  fifty  inhabitants.  Their  two  votes  were  given 
to  Philip,  who  thereby  gained  a  pretext  for  inter- 
fering with  the  affairs  of  Greece,  and  also  obtained 
the  recognition  of  his  subjects  as  Hellenes.  To  the 
causes  of  the  Third  Sacred  War,  allusion  has  been 
made  in  the  decrees  quoted  by  Demosthenes.  The 
Amphissians  tilled  the  devoted  Cirrhsean  plain,  and 
behaved,  as  Strabo8  says,  worse  than  the  Crissgeans 
of  old  (x£tP0V(?  vaav  Tzepl  rovg  ijivovc).  Their  sub- 
mission to  Philip  was  immediately  followed  by  the 


1.  (^sch.,  de  F.  L.,  121.)— 2.  (Demosth.,  de  Cor.,  196,  Bekker.) 
—3.  (Herod.,  ii.,  180.) — 4.  (iv.,  173,  fO  rwv  'AiaQiktvovm  v6\xo$ 
Kt\i6u>v  vSwp  rrapix^v  iXeodvTag.  This  seems  to  refer  to  the 
Delians  only.) — 5.  (JEschines,  c.  Ctes,  125,  gives  the  whole  his- 
tory. In  early  times,  Crissa  and  the  temple  were  one  state. — 
Muller,  Dorians.)— 6.  (Paus.,  x.,  37,  s.  4.)— 7.  (Thirlwall,  Hist. 
**"  Greece,  vol.  v.,  p.  263-372.)—  K  (ix..  3  ) 
50 


battle  of  Chaeronea  (B.C.  338\  and  the  extinction 
of  the  independence  of  Greece  In  the  following 
year  a  congress  of  the  Amphict/oiiic  states  was 
held,  in  which  war  was  declared  as  if  by  united 
Greece  against  Persia,  and  Philip  elected  com- 
mander-in-chief. On  this  occasion  the  Amphictyons 
assumed  the  character  of  national  representatives 
as  of  old,1  when  they  set  a  price  upon  the  head  01 
Ephialtes  for  his  treason  to  Greece  at  Thermopylae. 

We  have  sufficiently  shown  that  the  Amphictyons 
themselves  did  not  observe  the  oaths  they  took ;  and 
that  they  did  not  much  alleviate  the  horrors  of  war, 
or  enforce  what  they  had  sworn  to  do,  is  proved  by 
many  instances.  Thus,  for  instance,  Mycenae  was 
destroyed  by  Argos  (B.C.  535),  Thespiae  and  Plateea 
by  Thebes,  and  Thebes  herself  swept  from  the  lace 
of  the  earth  by  Alexander  (jt/c  fitorjg  TJjg  'E/UacJoj 
avqpKacdi])*  Indeed,  we  may  infer  from  Thucyd- 
ides,3  that  a  few  years  before  the  Peloponnesian 
war,  the  council  was  a  passive  spectator  of  what  he 
calls  6  lepbe  noAefxog,  when  the  Lacedaemonians  made 
an  expedition  to  Delphi,  and  put  the  temple  into  the 
hands  of  the  Delphians,  the  Athenians,  after  their 
departure,  restoring  it  to  the  Phocians ;  and  yet  the 
council  is  not  mentioned  as  interfering.  It  will  not 
be  profitable  to  pursue  its  history  farther ;  it  need 
only  be  remarked,  that  Augustus  wished  his  new 
city,  Nicopolis  (A.D.  31),  to  be  enrolled  among  the 
members ;  and  that  Pausanias,  in  the  second  century 
of  our  era,  mentions  it  as  still  existing,  but  deprived 
of  all  power  and  influence.  In  fact,  even  Demos- 
thenes* spoke  of  it  as  the  shadow  at  Delphi.5 

After  these  remarks,  we  may  consider  two  points, 
of  some  interest;  and,  first,  the  etymology  of  the 
word  Amphictyon.  We  are  told6  that  Theopompus 
thought  it  derived  from  the  name  of  Amphictyon,  a 
prince  of  Thessaly,  and  the  supposed  author  of  the 
institution.  Others,  as  Anaximenes  of  Lampsacus, 
connected  it  with  the  word  d/n^iKnovE^  or  neigh- 
bours. Very  few,  if  any,  modern  scholars,  doubt 
that  the  latter  view  is  correct ;  and  that  Amphictyon, 
with  Hellen,  Dorus,  Ion,  Xuthus,  Thessalus,  Laris- 
sa  the  daughter  of  Pelasgus,  and  others,  are  not 
historical,  but  mythic  personages — the  representa- 
tives, or  poetic  personifications,  of  their  alleged 
foundations  or  offspring.  As  for  Amphictyon,7  it  is 
too  marvellous  a  coincidence  that  his  name  should 
be  significant  of  the  institution  itself;  and,  as  he 
was  the  son  of  Deucalion  and  Pyrrha,  it  is  difficult 
to  guess  of  whom  his  council  consisted.  True  it  is 
that  he  also  appears  in  Athenian  history;3  but  very 
little  is  said  of  him ;  and  the  company  he  keeps 
there,  though  kingly,  is  far  from  historical.  Besides, 
though  Herodotus9  and  Thucydides10  had  the  oppor- 
tunity, they  yet  make  no  mention  of  him.  We  may 
conclude,  therefore,  that  the  word  should  be  written 
amphictiony,  from  afiyiKTioveg,  or  those  that  dwell 
around  some  particular  locality.11 

The  next  question  is  one  of  greater  difficulty ;  it 
is  this :  Where  did  the  association  originate  1  were 
its  meetings  first  held  at  Delphi  or  at  Thermopylae  1 
There  seems  to  us  a  greater  amount  of  evidence  in 
favour  of  the  latter.  In  proof  of  this,  we  may  state 
the  preponderance  of  Thessalian  tribes  from  the 
neighbourhood  of  the  Maliac  Bay,  and  the  compara- 
tive insignificance  of  many  of  them ;  the  assigned 
birthplace  and  residence  of  the  mythic  Amphictyon, 
the  names  Pylagorse  and  Pylaea.  Besides,  we  know 
that  Thessaly  was  the  theatre  and  origin  of  many 
of  the  most  important  events  cf  early  Greek  his- 
tory, whereas  it  was  only  in  later  times,  and  after 
the  Dorian  conquest  of  Peloponnesus,  that  Delphi 


1.  (Herodotus,  vii.,  214,  speaks  of  the  Amphictyons  as  of  :w» 
'EAA^wv  Ilv\ay6poi.)— 2.  (.Eschin.,  c.  Ctes.)— 3.  (i.,  112.)— i 
(De  Pace.)— 5.  (»/  iv  AeA^o??  okicl.)— 6.  (Harpocrat.,  Amphictj 
on.— See  Mauss.  notes.)— 7.  (Thirhvall,  Hist.  Gr.,  vol.  i.,  j» 
273.)— 8.  (Phil.  Mus.,  vol.  ii.,  p.  359.)— 9.  (i.,  56.)— 10.  (i.,  S.) 
—11.  (Thus  Pindar,  Nem.,  6,  42,  iv  aix6iKTi6vwv  tuupodtf** 
TOitroflihi.     Vid.  Eockh,  in  loc.) 


AMPHIDROMIA. 


AMPHITHEATRUM. 


becamo  important  enough  for  the  meetings  of  such 
a  body  as  the  Amphicty  onic ;  nor,  if  Delphi  had  been 
of  old  the  only  place  of  meeting,  is  it  easy  to  ac- 
count for  what  must  have  been  a  loss  of  its  ancient 
dignity.  But,  whatever  was  the  cause,  we  have  still 
the  fact  that  there  were  two  places  of  congress ;  to  ac- 
count for  which,  it  has  been  supposed  that  there  were 
originally  two  confederations,  afterward  united  by 
the  growing  power  of  Delphi,  as  connected  with  the 
Dorians,  but  still  retaining  the  old  places  of  meet- 
ing. We  must,  however,  admit  that  it  is  a  matter 
of  mere  conjecture  whether  this  were  the  case  or 
not,  there  being  strong  reasons  in  support  of  the 
opinion  that  the  Dorians,  on  migrating  southward, 
combined  the  worship  of  the  Hellenic  Apollo  with 
that  of  the  Pelasgian  Demeter,  as  celebrated  by  the 
Amphictyons  of  Thessaly.  Equally  doubtful  is  the 
question  respecting  the  influence  of  Acrisius,  king 
of  Argos,1  and  how  far  it  is  true  that  he  first 
brought  the  confederacy  into  order,  and  determined 
other  points  connected  with  the  institution.2 

AMMKYIIEAA'ON  AEITA2  (ufMptKVTreMov  .  6e- 
Tzag ),  a  drinking- vessel,  often  mentioned  by  Homer. 
Its  form  has  been  the  subject  of  various  conjectures; 
but  the  name  seems  to  indicate  well  enough  what  it 
really  was.  KvireX/iov  is  found  separately  as  well 
as  in  composition,  and  is  evidently  a  diminutive 
formed  from  the  root  signifying  a  hollow,  which  we 
have  in  tlie  Greek  icv/iSt},  and  the  dialectic  form 
Kv66a  ;3  Latin,  cupa ;  German,  kufe,  kubel ;  French, 
cuve,  coupe;  and  English,  cup:  it  means,  therefore, 
a  small  goblet  or  cup.  'AfMjwcvirelXog,  therefore, 
according  to  the  analogy  of  afubiaTOfioc,  ujityuToe,  &c, 
is  that  which  has  a  kvits^ov  at  both  sides  or  both 
ends  ;  and  Sirrag  u./j.<f>iicvTre?i,?.ov  is  a  drinking-vessel, 
having  a  cup  at  both  ends.  That  this  was  the  form 
of  the  vessel  is  shown  by  a  passage  in  Aristotle,4 
where  he  is  describing  the  cells  of  bees  as  having 
two  openings  divided  by  a  floor  "  like  the  a/Mpinv- 

AMPHIDROM'IA,  or  APOMIAM<P'ION  HMAP 
{afi<ptdp6/iia,  or  dpo/xtd/Mpiov  vfiap),  a  family  festival  of 
the  Athenians,  at  which  the  newly-born  child  was 
introduced  into  the  family  and  received  its  name. 
No  particular  day  was  fixed  for  this  solemnity ;  but 
it  did  not  take  place  very  soon  after  the  birth  of  the 
child,  for  it  was  believed  that  most  children  died 
before  the  seventh  day,  and  the  solemnity  was, 
therefore,  generally  deferred  till  after  that  period, 
that  there  might  be,  at  least,  some  probability  of  the 
child  remaining  alive.  But,  according  to  Suidas, 
the  festival  was  held  on  the  fifth  day,  when  the 
women  who  had  lent  their  assistance  at  the  birth 
washed  their  hands.  This  purification,  however, 
preceded  the  real  solemnity.  The  friends  and 
relatives  of  the  parents  were  invited  to  the  festival 
of  the  amphidromia,  which  was  held  in  the  evening, 
and  they  generally  appeared  with  presents,  among 
which  are  mentioned  the  cuttlefish  and  the  marine 
polyp.8  The  house  was  decorated  on  the  outside 
with  olive-branches  when  the  child  was  a  boy,  or 
with  garlands  of  wool  when  the  child  was  a  girl ; 
and  a  repast  was  prepared,  at  which,  if  we  may 
judge  from  a  fragment  of  Ephippus  in  Athenaeus,7 
the  guests  must  have  been  rather  merry.  The 
child  was  then  carried  round  the  fire  by  the  nurse, 
and  thus,  as  it  were,  presented  to  the  gods  of  the 
house  and  to  the  family,  and  at  the  same  time  re- 


1.  'Schol.  in  Eurip.,  Orest.,  1094. — Callim.,  Epig.  xli. — Strabo, 
n.,  c  3,  p.  279,  ed.  Tauchn.)—  2.  (Thirlwall,  Hist,  of  Greece,  c. 
x  ,  l_iii. — Heeren,  Polit.  Hist,  of  Greece,  c.  7. — St.  Croix,  Des 
Ancwns  Gouvememens  Federatifs. — Titmann,  Ueber  den  Bund 
der  Amphictyonen. — Miiller,  Dorians,  b.  ii.,  c.  iii.,  s  5. — Phil. 
Mn3.,  vol.  i.,  p.  324  ;  vol.  ii.,  p.  360. — Hermann,  Polit.  Antiq. 
of  Greece,  t>  11-14. — Wachsmuth,  Hellen.  Alterthumsk. — Nie- 
buhr,  Hist.  Re  on.,  i.,  p.  31,  transl.) — 3.  (Hesych.,  s.  v.  ■Korfipiov.) 
—4.  (H.  A,  9,  40  ;  or  in  Schneid.,  9,  27,  4.)— 5.  {tcpi  fiiav 
yup  fidaiv  Ho  S-vipttg  claw,  (oenrep  rwv  aix^iKviriWwv,  f)  fiev 
tvrdj,  f/  6'  Ikt6$ — Compare  Buttmann's  Lexilogus,  s.  v.)— 6. 
(Haroocr..  s.  v.) — 7.  (p.  370.) 


ceived  its  name,  to  which  the  guests  were  witnesses. 
The  carrying  of  the  child  round  the  hearth  was  the 
principal  part  of  the  solemnity,  from  which  its  name 
was  derived.  But  the  scholiast  on  Aristophanes2  de- 
rives the  name  from  the  fact  that  the  guests,  while 
the  name  was  given  to  the  child,  walked  or  danced 
around  it.  This  festival  is  sometimes  called  from 
the  day  on  which  it  took  place :  if  on  the  seventh 
day,  it  is  called  £66ofj.cu  or  '£6dofiag  ;  if  on  the  tenth 
day,  Sekuttj,  &c.3 

AMPHIOR'KIA  or  AMPHOMOSTA  {a^iopKia 
or  a[Kpu[io<jia.)  is  the  oath  which  was  taken,  both  by 
the  plaintiff  and  defendant,  before  the  trial  of  a  cause 
in  the  Athenian  courts,  that  they  would  speak  the 
truth.4  According  to  Pollux,5  the  a^Lopnia  also 
included  the  oath  which  the  judges  took,  that  they 
would  decide  according  to  the  laws;  or,  in  case 
there  was  no  express  law  on  the  subject  in  dispute, 
that  they  would  decide  according  to  the  principles 
of  justice. 

AMPHIPPOI.     (Vid.  Desultores.) 

AM^mPTMN'OI  N1TE2  (afidinpvfivoc  vrjeg),  also 
called  AinPftPOI,  ships  in  which  the  poop  and  the 
prow  were  so  much  alike  as  to  be  applicable  to  the 
same  use.  A  ship  of  this  construction  might  be 
considered  as  having  either  two  poops  or  two  prows. 
It  is  supposed  to  have  been  convenient  in  circum- 
stances where  the  head  of  the  ship  could  not  be 
turned  about  with  sufficient  celerity.6 

*AM.PE.lSBJE/NA(u/j,(j)ia6atva),  sometimes  called 
the  Double-headed  Serpent.  Buffon  says  of  it,  that 
it  can  move  along  with  either  the  head  or  the  tail 
foremost,  whence  it  had  been  thought  to  have  two 
heads.  Avicenna  says,  that  it  is  of  equal  thickness 
from  head  to  tail,  and  that  from  this  appearance  it 
had  been  supposed  to  have  two  heads.  Schneider 
states,  that  Linnaeus7  describes  a  serpent  which 
agrees  very  well  with  the  ancient  accounts  of  the 
amphisbaena ;  its  tail  is  obtuse,  and  as  thick  as  its 
bocly,  and  it  moves  along  either  forward  or  back- 
ward ;8  but,  according  to  Dr.  Trail,  it  is  an  Amer- 
ican species.  The  amphisbaena  was  probably  a 
variety  of  the  Anguis  fragilis,  L.,  or  Blind  Worm. 
The  Aberdeen  serpent  of  Pennant,  of  which  mention 
is  made  in  Linnasus's  correspondence  with  Dr. 
David  Skene  of  Aberdeen,  is  a  variety  of  the  Anguh 
fragilis.  Linnaeus  denies  that  the  amphisbaena  is 
venomous,  but  many  authors,  even  of  modern  times, 
are  of  a  contrary  opinion.9 

AMPHITHEA'TRUM  was  a  place  for  the 
exhibition  of  public  shows  of  combatants  and  wild 
beasts,  entirely  surrounded  by  seats  for  the  specta- 
tors ;  whereas,  in  those  for  dramatic  performances, 
the  seats  were  arranged  in  a  semicircle  facing  the 
stage.  It  is,  therefore,  frequently  described  as  a 
double  theatre,  consisting  of  two  such  semicircles, 
or  halves,  joined  together,  the  spaces  allotted  to 
their  orchestras  becoming  the  inner  enclosure  or 
area,  termed  the  arena-.  The  form,  however,  of  the 
ancient  amphitheatres  was  not  a  circle,  but  invari- 
ably an  ellipse,  although  the  circular  form  appears 
best  adapted  for  the  convenience  of  the  spectators. 
The  first  amphitheatre  appears  to  have  been  that 
of  M.  Curio,  of  which  a  description  has  been  given 
by  Pliny.10  It  consisted  of  two  wooden  theatres 
made  to  revolve  on  pivots,  in  such  a  manner  that 
they  could,  by  means  of  windlasses  and  machinery, 
be  turned  round  face  to  face,  so  as  to  form  one 
building. 

Gladiatorial  shows  were  first  exhibited  in  the 
forum,  and  combats  of  wild  beasts  in  the  cirsus ; 
and  it  appears  that  the  ancient  custom  was  stiL 
preserved  till  the  dictatorship  of  Julius  Caesar,  who 


1.  (Isjeus,  de  Pyrrhi  Haered.,  p.  34,  s.  30,  Bekker.)— 2.  (Ly- 
sistr.,  758.)— 3.  (Hesych.— Aristoph.,  Av.,  923.)— 4.  (Hesych.— 
Suid.)— 5.  (viii.,  10.)— 6.  (Scheffer,  De  Militia  Navali,  ii.,  c.  5, 
p.  143.)— 7.  (Amoenit.  Academ.,  vol.  i.,  p.  295.)— 8.   (Schneido 
in  M\.,  N.  A.,  ix.,  23.)— 9.  (Adams,  Append.,  s.  v.)— 10.  (F 
N.,  xxxvi.,  24,  t>  8.) 

51 


AMPHITHEATRUM. 


AMPHITHEATItUM. 


built  a  wooden  theatre  in  the  Campus  Martius.  for 
the  purpose  of  exhibiting  hunts  of  wild  beasts,1 
"  wliich  was  called  amphitheatre  because  it  was 
surrounded  by  seats  without  a  scene."3  Most  of 
the  early  amphitheatres  were  merely  temporary, 
and  made  of  wood ;  such  as  the  one  built  by  Nero 
at  Rome,3  and  that  erected  by  Atilius  at  Fidenae 
during  the  reign  of  Tiberius,  which  gave  way  while 
the  games  were  being  performed,  and  killed  or  in- 
jured 50,000  persons.* 

The  first  stone  amphitheatre  was  built  by  Statili- 
us  Taurus,  at  the  desire  of  Augustus.5  This  build- 
ing, which  stood  in  the  Campus  Martius,  near  the 
circus  called  Agonale,  was  destroyed  by  fire  in  the 
reign  of  Nero  ;6  and  it  has,  therefore,  been  supposed 
that  only  the  external  walls  were  of  stone,  and  that 
the  seats  and  other  parts  of  the  interior  were  of  tim- 
ber. A  second  amphitheatre  was  commenced  by 
Caligula;  but  by  far  the  most  celebrated  of  all  was 
the  Flavian  amphitheatre,  afterward  called  the 
ColisEeum,  which  was  begun  by  Vespasian,  and 
finished  by  his  son  Titus,  who  dedicated  it  A.D.  80, 
on  which  occasion,  according  to  Eutropius,  5000, 
and  according  to  Dion,  9000,  beasts  were  destroyed.7 

This  immense  edifice,  which  is  even  yet  compar- 
atively entire,  was  capable  of  containing  about 
87,000  spectators,  and  originally  stood  nearly  in  the 
centre  of  the  city,  on  the  spot  previously  occupied 
by  the  lake  or  large  pond  attached  to  Nero's  pal- 
ace,8 and  at  no  very  great  distance  from  the  Baths 
of  Titus.  It  covers  altogether  about  five  acres  of 
ground ;  and  the  transverse,  or  longer  diameter  of 
the  external  ellipse,  is  615  feet,  and  the  conjugate, 
or  shorter  one,  510 ;  while  those  of  the  interior 
ellipse,  or  arena,  are  281  and  176  feet  respectively. 
Where  it  is  perfect,  the  exterior  is  160  feet  high, 
and  consists  of  four  orders,  viz.,  Doric,  Ionic,  and 
Corinthian,  in  attached  three-quarter  columns  (that 
is,  columns  one  fourth  of  whose  circumference  ap- 
pears to  be  buried  in  the  wall  behind  them),  and  an 
upper  order  of  Corinthian  pilasters.  With  the  ex- 
ception of  the  last,  each  of  these  tiers  consists  of 
eighty  columns,  and  as  many  arches  between  them, 
forming  open  galleries  throughout  the  whole  cir- 
cumference of  the  building ;  but  the  fourth  has 
windows  instead  of  large  arches,  and  those  are 
placed  only  in  the  alternate  inter-columns,  conse- 
quently, are  only  forty  in  number ;  and  this  upper 
portion  of  the  elevation  has,  both  on  that  account 
and  owing  to  the  comparative  smallness  of  the 
apertures  themselves,  an  expression  of  greater 
solidity  than  that  below.  The  arches  formed  open 
external  galleries,  with  others  behind  them ;  besides 
which,  there  were  several  other  galleries  and  passa- 
ges, extending  beneath  the  seats  for  the  specta- 
tors, and,  together  with  staircases,  affording  access 
to  the  latter.  At  present,  the  seats  do  not  rise 
higher  than  the  level  of  the  third  order  of  the  exte- 
rior, or  about  half  its  entire  height ;  therefore,  the 
upper  part  of  the  edifice  appears  to  have  contributed 
very  little,  if  at  all,  to  its  actual  capacity  for  ac- 
commodating spectators.  Still,  though  it  has  never 
been  explained,  except  by  conjecturing  that  there 
♦rere  upper  tiers  of  seats  and  galleries  (although  no 
emains  of  them  now  exist),  we  must  suppose  that 
ihere  existed  some  very  sufficient  reason  for  incur- 
ring such  enormous  expense,  and  such  prodigal 
waste  of  material  and  labour  beyond  what  utility 
seems  to  hare  demanded.  This  excess  of  height, 
so  much  greater  than  was  necessary,  was  perhaps, 
in  some  measure,  with  the  view  that,  when  the 
building  was  covered  in  with  a  temporary  roofing 
or  awning  {velarium),  as  a  defence  against  the  sun 
or  rain,  it  should  seem  well  proportioned  as  to 

1.  (Searpdv  KwrrycriKdv.) — 2.  (Dion.,  xliii.,  22.) — 3.  (Suet., 
Ner.,  c.  12.— Tacit.,  Ann.,  xiii.,  31.) — 4.  (Tacit.,  Ann.,  iv.,  62  — 
Suet.,  Tib.,  c.  40.)— 5.  (Suet.,  Octav.,  c.  29.— Dion.,  li.,  23.)— 
6.  (Dion.,  lxii.,  18.)— 7.  (Suet.,  Vesp.,  9.— Id.,  Tit.,  7.— Eu- 
trop.,  vii.,  21.— Dion.,  lxvi.,  25.)— 8.  (Suet.,  Ner.,  31.) 
52 


height;  and  also,  perhaps,  in  order  to  allow  thcsi 
who  worked  the  ropes  and  other  mechanism  by 
which  the  velarium  was  unrclLed  or  drawn  back 
again,  to  perform  those  operations  without  incow 
moding  the  spectators  on  the  highest  seats. 

With  regard  to  the  velarium  itself,  notliing  at  all 
conclusive  and  satisfactory  can  now  be  gathered ; 
and  it  has  occasioned  considerable  dispute  among 
the  learned,  how  any  temporary  covering  could  be 
extended  over  the  whole  of  the  building.  Some 
have  imagined  that  the  velarium  extended  only 
over  part  of  the  building ;  but,  independent  of  other 
objections,  it  is  difficult  to  conceive  how  such  an 
extensive  surface  could  have  been  supported  along 
the  extent  of  its  inner  edge  or  circumference.  The 
only  thing  which  affords  any  evidence  as  to  the 
mode  in  which  the  velarium  was  fixed,  is  a  series 
of  projecting  brackets,  or  corbels,  in  the  uppermost 
story  of  the  exterior,  containing  holes  or  sockets, 
to  receive  the  ends  of  poles  passing  through  holes 
in  the  projection  of  the  cornice,  and  to  which  ropes 
from  the  velarium  were  fixed ;  but  the  whole  of  the 
upper  part  of  the  interior  is  now  so  dismantled  as 
to  render  it  impossible  to  decide  with  certainty  in 
what  manner  the  velarium  was  fixed.  The  velari- 
um appears  usually  to  have  been  made  of  wool, 
but  more  costly  materials  were  sometimes  employed. 
When  the  weather  did  not  permit  the  velarium  to 
be  spread,  the  Romans  used  broad-brimmed  hats  or 
caps,  or  a  sort  of  parasol,  which  was  called  umbrcL 
la,  from  umbra,  shade.1 

Many  other  amphitheatres  might  be  enumerated, 
such  as  those  of  Verona,  Nismes,  Catania.  Pom- 
peii, &c. ;  but,  as  they  are  all  nearly  similar  in 
form,  it  is  only  necessary  to  describe  certain  par- 
ticulars, so  as  to  afford  a  tolerably  correct  idea  of 
the  respective  parts  of  each. 

The  interior  of  the  amphitheatre  was  divided  into 
three  parts,  the  arena,  podium,  and  gradus.  The 
clear  open  space  in  the  centre  of  the  amphitheatre 
was  called  the  arena,  because  it  was  coverec"  with 
sand  or  sawdust,  to  prevent  the  gladiators  from 
slipping,  and  to  absorb  the  blood.  The  size  ci  the 
arena  was  not  always  the  same  in  proportion  to  the 
size  of  the  amphitheatre,  but  its  average  propor- 
tion was  one  third  of  the  shorter  diameter  of  the 
building. 

It  is  not  quite  clear  whether  the  arena  was  no 
more  than  the  solid  ground,  or  whether  it  had  an 
actual  flooring  of  any  kind.  The  latter  opinion  is 
adopted  by  some  writers,  who  suppose  that  there 
must  have  been  a  souterrain,  or  vaults,  at  intervals 
at  least,  if  not  throughout,  beneath  the  arena,  as 
sometimes  the  animals  suddenly  issued  apparently 
from  beneath  the  ground ;  and  machinery  of  differ- 
ent kinds  was  raised  up  from  below,  and  afterward 
disappeared  in  the  same  manner.  That  there  must 
have  been  some  substruction  beneath  the  arena,  in 
some  amphitheatres  at  least,  is  evident,  because 
the  whole  arena  was,  upon  particular  occasions, 
filled  with  water,  and  converted  into  a  naumachia, 
where  vessels  engaged  in  mimic  sea-fights,  or  else 
crocodiles  and  other  amphibious  animals  were 
made  to  attack  each  other.  Nero  is  said  to  have 
frequently  entertained  the  Romans  with  spectacles 
and  diversions  of  this  kind,  which  took  place  imme- 
diately after  the  customary  games,  and  were  again 
succeeded  by  them ;  consequently,  there  must  have 
been  not  only  an  abundant  supply  of  water,  but  me- 
chanical apparatus  capable  of  pouring  it  in  anc1 
draining  it  off  again  very  expeditiously. 

The  arena  was  surrounded  by  a  wall,  distinguish- 
ed by  the  name  of  podium,  although  such  appella- 
tion, perhaps,  rather  belongs  to  merely  the  upper 
part  of  it,  forming  the  parapet  or  balcony  before  the 
first  or  lowermost  seats,  nearest  to  the  arena.  The 
latter,  therefore,  was  no  more  than  an  open  oval  court, 

^ —  '-  ■  —  \» 

1.  (Dion.,  lix.,  7.— Martial,  xiv.,  27,  28.) 


AMPH1THEATR  JM. 


AMPHITHEATRUM. 


surrounded  by  a  wall  about  eighteen  feet  high,  meas- 
uring from  the  ground  to  the  top  of  the  parapet ;  a 
neight  considered  necessary,  in  order  to  render  the 
spectators  perfectly  secure  from  the  attacks  of  the 
wild  beasts.  There  were  four  principal  entrances 
leading  into  the  arena,  two  at  the  ends  of  each  axis 
or  diameter  of  it.  to  which  as  many  passages  led  di- 
rectly from  the  exterior  of  the  building ;  besides  sec- 
ondary ones,  intervening  between  them,  and  commu- 
nicating with  the  corridors  beneath  the  seats  on  the 
podium. 

The  wall  or  enclosure  of  the  arena  is  supposed 
.o  have  been  faced  with  marble  more  or  less  sump- 
tuous ;  besides  which,  there  appears  to  have  been, 
in  some  instances  at  least,  a  sort  of  network  affix- 
ed to  the  top  of  the  podium,  consisting  of  railing, 
or,  rather,  open  trellis- work  of  metal.  From  the 
mention  made  of  this  network  by  ancient  writers, 
little  more  can  new  be  gathered  respecting  it  than 
that,  in  the  time  of  Nero,  such  netting,  or  whatever 
it  might  have  been,  was  adorned  with  gilding  and 
amber ;  a  circumstance  that  favours  the  idea  of  its 
having  been  gilt  metal-work,  with  bosses  and  orna- 
ments of  the  other  material.  As  a  farther  defence, 
ditches,  called  euripi,  sometimes  surrounded  the 
arena.1 

The  term  podium  was  also  applied  to  the  terrace, 
or  gallery  itself,  immediately  above  the  lower  enclo- 
sure, and  which  was  no  wider  than  to  be  capable  of 
containing  two,  or,  at  the  most,  three  ranges  of  mova- 
ble seats  or  chairs.  This,  as  being  by  far  the  best 
situation  for  distinctly  viewing  the  sports  in  the  are- 
na, and  also  more  commodiously  accessible  than  the 
seats  higher  up,  was  the  place  set  apart  for  senators 
and  other  persons  of  distinction,  such  as  the  ambas- 
sadors of  foreign  parts  ;a  and  it  was  here,  also,  that 
the  emperor  himself  used  to  sit,  in  an  elevated  place 
called  suggestus3  or  cubiculwm  ;*  and  likewise  the 
person  who  exhibited  the  games,  on  a  place  eleva- 
ted like  a  pulpit  or  tribunal  (editoris  tribunal).  The 
vestal  virgins  also  appear  to  have  had  a  place  allot- 
ted to  them  in  the  podium.5 

Above  the  podium  were  the  gradus,  or  seats  of  the 
other  spectators,  which  were  divided  into  mesniana, 
or  stories.  The  first  mcenianum,  consisting  of  four- 
teen rows  of  stone  or  marble  seats,  was  appropria- 
ted to  the  equestrian  order.  The  seats  appropriated 
to  the  senators  and  equites  were  covered  with  cush- 
ions (pulvittis),  which  were  first  used  in  the  time  of 
Caligula.6  Then,  after  an  interval  or  space,  termed 
a  pracinctio,  and  forming  a  continued  landing-place 
from  the  several  staircases  in  it,  succeeded  the  sec- 
ond maenianum,  where  were  the  seats  called  popula- 
ria,7  for  the  third  class  of  spectators,  or  the  populus. 
Behind  this  was  the  second  precinction,  bounded  by 
a  rather  high  wall,  above  which  was  the  third  mae- 
nianum', where  there  were  only  wooden  benches  for 
'he  pullati,  or  common  people.8  The  next  and  last 
division,  namely,  that  in  the  highest  part  of  the 
building,  consisted  of  a  colonnade  or  gallery,  where 
females  were  allowed  to  witness  the  spectacles  of 
the  amphitheatre,'  some  parts  of  which  were  also 
cccupied  by  the  pullati.  At  the  very  summit  was 
the  narrow  platform  for  the  men  who  had  to  attend 
!d  the  velarium,  and  to  expand  or  withdraw  the 
awnings,  as  there  might  be  occasion.  Each  maenia- 
num was  not  only  divided  from  the  other  by  the  prae- 
cinctio,  but  was  intersected  at  intervals  by  spaces 
for  passages  left  between  the  seats,  called  scalce  or 
scalaria ;  and  the  portion  between  two  such  passa- 
ges was  called  a  cuneus,  because  this  space  gradu- 
ally widened,  like  a  wedge,  from  the  podium  to  the 
top  of  the  building.10    The  entrances  to  the  seats 


I.  (Plin.,  H.  N.,  viii.,  7.)— 2.  (Suet.,  Octav.,  44.— Juv.,  Sat. 
ii,  143,  seqq.)—  3.  (Suet.,  Jul.,  76.— Plin.,  Paneg.,  51.) — 4. 
(Suet.,  Ner.,  12.)— 5.  (Suet.,  Octav.,  44.)— 6.  (Juv.,  Sat.  iii., 
154.— Dion.,  lix.,  7.)-  J.  (Suet..  Domit.,  4.)— 8.  (Suet.,  Octav., 
4*.)— 9.  (Suet.,  Octa\  ,  44.)— 13.  (Suet.,  Octav.,  44.— Juv.,  Sat. 
•i,  M.J 


from  the  outer  porticoes  were  called  vomitoria,  bo 
cause,  says  Macrobius,1  Homines  glomeratim  i?igre- 
dientes  in  sedilia  se  fundunt. 

The  situation  of  the  dens  wherein  the  animals 
were  kept  is  not  very  clear.  It  has  been  supposed 
that  they  were  in  underground  vaults,  near  to,  if  noi 
immediately  beneath,  the  arena;  yet,  admitting  such 
to  have  been  the  case,  it  becomes  more  difficult  than 
ever  to  understand  how  the  arena  could  have  been 
inundated  at  pleasure  with  water ;  nor  was  any  pos- 
itive information  obtained  from  the  excavations 
made  several  years  ago  in  the  arena  of  the  Colisae- 
um.  Probably  many  of  the  animals  were  kept  in 
dens  and  cages  within  the  space  immediately  be- 
neath the  podium  (marked  d  in  the  cut),  in  the  in- 
tervals between  the  entrances  and  passages  leading 
into  the  arena,  and  so  far  a  very  convenient  situa- 
tion for  them,  as  they  could  have  been  brought  im- 
mediately into  the  place  of  combat. 

There  were  in  the  amphitheatres  concealed  tubes, 
from  which  scented  liquids  were  scattered  over  the 
audience,  which  sometimes  issued  from  statues  pla- 
ced in  different  parts  of  the  building.2 

Vitruvius  affords  us  no  information  whatever  as 
to  amphitheatres ;  and,  as  other  ancient  writers  have 
mentioned  them  only  incidentally  and  briefly,  many 
particulars  belonging  to  them  are  now  involved  in 
obscurity. 

The  annexed  woodcut,  representing  a  section,  not 
of  an  entire  amphitheatre,  but  merely  of  the  exterior 
wall,  and  the  seats  included  between  that  and  the 
arena,  will  serve  to  convey  an  idea  of  the  arrange- 
ment of  such  structures  in  general.  It  is  that  of  the 
Colisaeum,  and  is  given  upon  the  authority  of  Hirt ; 
but  it  is  in  some  respects  conjectural,  particularly 
in  the  upper  part,  since  no  traces  of  the  upper  gal- 
lery are  now  remaining.  The  extreme  minuteness 
of  the  scale  renders  it  impossible  to  point  out  more 
than  the  leading  form  and  general  disposition  of  the 
interior;  therefore,  as  regards  the  profile  of  the  ex- 
terior, merely  the  heights  of  the  cornices  of  the  dif- 
ferent orders  are  shown,  with  the  figures  1,  2,  3,  4 
placed  against  them  respectively. 
z 


EXPLANATIONS. 

A,  The  arena. 

p,  The  wall  or  podium  enclosing  it. 

P,  The  podium  itself,  on  which  were  chairs   or 

seats  for  the  senators,  &c. 
M',  the  first  maenianum,  or  slope  of  benches,  for  the 

equestrian  order. 
M",  The  second  maenianum. 
M'",  The  third  maenianum,  elevated  considerably 

above  the  preceding  one,  and  appropriated  to  the 

pullati. 
"W,  The  colonnade,  or  gallery,  which  contained 

seats  for  women. 
Z,  The  narrow  gallery  round  the  summit  of  the  in- 


(Saturn.,  vi..  4.) — 2.  (Lucan,  be.,  808.^ 

53 


AMPHORA. 


A.MPYX. 


lerior,  for  the  attendants  who  woiKed  the  vela- 
rium. 
pr,  pr,  The  praeeinctiones,  or  landings,  at  the  top 
of  the  first  and  second  msenianum,  in  the  pave- 
ment of  which  were  grated  apertures,  at  inter- 
vals, to  admit  light  into  the  vomitoria  beneath 
them. 
V  V  V  V,  Vomitoria. 

G  G  G,  The  three  external  galleries  through  the 
circumference  of  the  building,  open  to  the  arcades 
of  the  first  three  orders  of  the  exterior. 
g  g,  Inner  gallery. 

Owing  to  the  smallness  of  the  cut,  the  situation 
and  arrangement  of  staircases,  &c,  are  not  express- 
ed, as  such  parts  could  hardly  be  rendered  intelligi- 
ble except  upon  a  greatly  increased  scale,  and  then 
not  in  a  single  section,  nor  without  plans  at  various 
levels  of  the  building. 

For  an  account  of  the  games  of  the  amphitheatre, 
see  Gladiatores. 
AMPHISBETE'SIS.    {Vid.  Hereditas.) 
AMPHFSTOMOS.    {Vid.  Ancora.) 
AMPHOMO'SIA.     {Vid.  AMPHIORKIA.) 
AM'PHORA  (in  Greek  afiqopevc,  or  in  the  full 
form,  as  we  find  it  in  Homer,  afiyidopevg1),  a  vessel 
used  for  holding  wine,  oil,  honey,  &c. 

The  following  cut  represents  amphorae  from  the 
Townley  and  Elgin  collections  in  the  British  Mu- 
seum. They  are  of  various  forms  and  sizes ;  in 
general  they  are  tall  and  narrow,  with  a  small 
neck,  and  a  handle  on  each  side  of  the  neck 
(whence  the  name,  from  afifyl,  on  both  sides,  and 
6epu,  to  carry,)  and  terminating  at  the  bottom  in  a 
point,  which  was  let  into  a  stand  or  stuck  in  the 
ground,  so  that  the  vessel  stood  upright:  several 
amphorae  have  been  found  in  this  position  in  the 
cellars  at  Pompeii.  Amphorae  were  commonly 
made  of  earthenware ;  Homer  mentions  amphorae 
ot  gold  and  stone,  and  the  Egyptians  had  them  of 
brass  •  glass  vessels  of  this  form  have  been  found 
at  Pompeii.    The  name  of  the  maker  or  of  the 


place  where  they  were  made  was  sometimes  stamp- 
ed upon  them  ;  this  is  the  case  with  two  in  the  El- 
gin collection,  Nos.  238  and  344.  The  most  com- 
mon use  of  the  amphora,  both  among  the  Greeks 
and  Romans,  was  for  keeping  wine.  The  cork  was 
covered  with  pitch  or  gypsum,  and  (among  the  Ro- 
mans) a  label  {pittacium)  was  attached  to  the  am- 
phora, inscribed  with  the  names  of  the  consuls  under 
whom  it  was  filled.  The  following  cut  represents 
the  mode  of  filling  the  amphora  from  a  wine-cart, 
and  is  taken  from  a  painting  on  the  wall  of  a  house 
at  Pompeii.        


1    dl.,xjriii,  VO  -OJ.,  x  ,  !64,  204.— Schol.  in  Apoll.  Rhod., 
ir.,  1187.) 

54 


The  amphora  was  also  used  for  keeping  oil,  too*- 
ey,  and  molten  gold.  A  remarkable  discovery,  made 
at  Salona  in  1825,  proves  that  amphorse  were  used 
as  coffins.  They  were  divided  in  half,  in  the  direc- 
tion of  the  length,  in  order  to  receive  the  remains, 
and  the  two  halves  were  put  together  again,  and 
buried  in  the  ground ;  they  were  found  containing 
skeletons.1 

There  is  in  the  British  Museum  (room  VI.)  a 
vessel  resembling  an  amphora,  and  containing  the 
fine  African  sand  which  was  mixed  with  the  oil 
with  which  the  athletae  rubbed  their  bodies.  It 
was  found,  with  seventy  others,  in  the  baths  of  Ti- 
tus, in  the  year  1772.  '  The  amphora  occurs  on  the 
coins  of  Chios,  and  on  some  silver  coins  of  Athens. 

The  Greek  ap.<popevc  and  the  Roman  amphora 
were  also  names  of  fixed  measures.  The  afifc- 
pevc,  which  was  also  called  fierprjT^g  and  tcados,  wa3 
equal  to  3  Roman  urnae=8  gallons  7365  pints,  im- 
perial measure.  The  Roman  amphora  was  two 
thirds  of  the  a/xQopevc,  and  was  equal  to  2  urnae  =r 
8  congii=5  gallons  7-577  pints ;  its  solid  content 
was  exactly  a  Roman  cubic  foot.  A  model  am- 
phora was  kept  in  the  Capitol,  and  dedicated  to 
Jupiter.  The  size  of  a  ship  was  estimated  by  am- 
phorae ;  and  the  produce  of  a  vineyard  was  reckon- 
ed sometimes  by  the  number  of  amphorae  it  yielded, 
and  sometimes  by  the  culms  of  twenty  amphorae. 

AMPHO'TIDES.     {Vid.  Pugilatus.) 

AMPLIA'TIO.     {Vid.  Judicium.) 

AMPUI/LA  QjkvOoc,  (3o/u6vlioc),  a  bottle. 

The  Romans  took  a  bottle  of  oil  with  them  to  tne 
bath  for  anointing  the  body  after  bathing.  They 
also  used  bottles  for  holding  wine  or  water  at  their 
meals,  and  occasionally  for  other  purposes.  These 
bottles  were  made  either  of  glass  or  earthenware, 
rarely  of  more  valuable  materials. 

The  dealer  in  bottles  was  called  ampullarius,  and 
part  of  his  business  was  to  cover  them  with  leather 
{corium).  A  bottle  so  covered  was  called  ampulla 
rubida.2 

As  bottles  were  round  and  swollen  like  a  bladder, 
Horace  metaphorically  describes  empty  and  turgid 
language  by  the  same  name : 

"  Projicit  ampullas  et  sesquipedalia  verba."3 
"  An  tragica  desavit  et  ampullatur  in  arte?"* 

Bottles  of  both  glass  and  earthenware  are  pre- 
served in  great  quantities  in  our  collections  of  anti- 
quities, and  their  forms  are  very  various,  though  al- 
ways narrow-mouthed,  and  generally  more  or  jess 
approaching  to  globular. 

AMPYX,  AMPYKTER,  (ufirrvZ,  afnrvnr7}p*, 
{frontale),  a  frontal. 

This  was  a  broad  band  or  plate  of  metal,  which 
ladies  of  rank  wore  above  the  forehead  as  part  of 


1.  (Steinbuchel's  Alterthum.,p.  67.)— 2.  (Plaue.,  Rud.,  iii.,  4, 
51,  and  Stich.,  i.,  3,  77,  compared  with  Festus,  s.  v.  Rubida.)— 
3.  (Ep.  ad  Pis.,  97.)— 4.  (Epist.  I.,  iii.,  14.) 


AMULETUM. 


AMOMOJtf. 


the  heaidreas.1  Hence  it  is  attributed  to  the  female 
divinities.  Artemis  wears  a  frontal  of  gold  ;a  and 
the  epithet  xpV(^llfjl7TVKEC  is  applied  by  Homer,  He- 
siod,  and  Pindar  to  the  Muses,  the  Hours,  and  the 
Fates.  From  the  expression  rdv  Kvava/iirvKa  QfjOav 
in  a  fragment  of  Pindar,  we  may  infer  that  this  or- 
nament was  sometimes  made  of  blue  steel  (tcvavog) 
instead  of  gold ;  and  the  scholiast  on  the  above-ci- 
ted passage  of  Euripides  asserts  that  it  was  some- 
times enriched  with  precious  stones. 

The  frontal  of  a  horse  was  called  by  the  same 
name,  and  was  occasionally  made  of  similar  rich 
materials.  Hence,  in  the  Iliad,  the  horses  which 
draw  the  chariots  of  Juno  and  of  Mars  are  called 
Xpvadfj.7rvKeg.  Pindar3  describes  the  bridle  with  a 
golden  frontal  (xpvadfnrvKa  ^aAivov),  which  was 
given  to  Bellerophon  to  curb  the  winged  horse  Peg- 
asus. 

The  annexed  woodcut  exhibits  the  frontal  on  the 
head  of  Pegasus,  taken  from  one  of  Sir  William 
Hamilton's  vases,  in  contrast  with  the  correspond- 
ing ornament  as  shown  on  the  heads  of  two  fe- 
males in  the  same  collection. 


Frontals  were  also  worn  by  elephants.*  Hesy chi- 
li* supposes  the  men  to  have  worn  frontals  in  Lydia. 
They  appear  to  have  been  worn  by  the  Jews  and 
other  nations  of  the  East.6 

AMULETUM  (Kepta-rov,  Tvepia/ifia,  df/la/cr?/- 
Qiov),  an  amulet. 

This  word  in  Arabic  (Hamalef)  means  that  which 
is  suspended.  It  was  probably  brought  by  Arabian 
merchants,  together  with  the  articles  to  which  it 
was  applied,  when  they  were  imported  into  Europe 
from  the  East.  It  first  occurs  in  the  Natural  His- 
tory of  Pliny. 

An  amulet  was  any  object — a  stone,  a  plant,  an 
artificial  production,  or  a  piece  of  writing — which 
was  suspended  from  the  neck,  or  tied  to  any  part  of 
the  body,  for  the  purpose  of  counteracting  poison, 
curing  or  preventing  disease,  warding  off  the  evil 
eye,  aiding  women  in  childbirth,  or  obviating  calam- 
ities and  securing  advantages  of  any  kind. 

Faith  in  the  virtues  of  amulets  was  almost  univer- 
sal in  the  ancient  world,  so  that  the  whole  art  of 
medicine  consisted  in  a  very  considerable  degree 
of  directions  for  their  application ;  and  in  propor- 
tion to  the  quantity  of  amulets  preserved  in  our  col- 
lections of  antiquities,  is  the  frequent  mention  of 
them  in  ancient  treatises  on  natural  history,  on  the 
practice  of  medicine,  and  on  the  virtues  of  plants 
and  stones.  Some  of  the  amulets  in  our  museums 
are  merely  rough,  unpolished  fragments  of  such 
stones  as  amber,  agate,  carnelian,  and  jasper;  oth- 
ers are  wrought  into  the  shape  of  beetles,  quadru- 
peds, eyes,  fingers,  and  other  members  of  the  body. 
There  can  be  no  doubt  that  the  selection  of  stones, 
cither  to  be  set  in  rings  or  strung  together  in  neck- 
laces, was  often  made  with  reference  to  their  repu- 
ted virtues  as  amulets. 


1.  (IL,  xxii.,  468-470.— JEschyl.,  Suppl.,  434.— Theocrit.,  i., 
33.)— 2.  (xpvffcav  SfiirvK/t.  Eu'rip.,  Tie--,.,  464.) — 3.  (Olymp., 
xiii.,  92.) — 4.  (Liv.,  xxxvri.,  40.) — 5.  (s  v.  Avdito  N<5/iw.) — 6. 
(Deut.,  vi.,  8  ;  xi.,  18.) 


The  following  passages  may  ext  riplify  the  use  of 
amulets  in  ancient  times.  Pliny1  says,  that  any 
plant  gathered  from  the  bank  of  a  brook  qr  river 
before  sunrise,  provided  that  no  one  sees  the  person 
who  gathers  it,  is  considered  as  a  remedy  for  tertian 
ague  when  tied  (adalligata)  to  the  left  arm,  the  pa- 
tient not  knowing  what  it  is;  also,  that  a  person 
may  be  immediately  cured  of  the  headache  by  the 
application  of  any  plant  which  has  grown  on  the 
head  of  a  statue,  provided  it  be  folded  in  the  shred 
of  a  garment,  and  tied  to  the  part  affected  with  a 
red  string.  Q,.  Serenus  Sammonicus,  in  his  poem 
On  the  art  of  healing,  describes  the  following  charm, 
which  was  long  celebrated  as  of  the  highest  repute 
for  the  cure  of  various  diseases  :  Write  abracadabra 
on  a  slip  of  parchment,  and  repeat  the  word  on  oth- 
er slips,  with  the  omission  of  the  last  letter  of  each 
preceding  slip,  until  the  initial  A  alone  remains. 
The  line  so  written  will  assume  the  form  of  an 
equilateral  triangle.  Tie  them  togetner,  and  sus- 
pend them  from  the  neck  of  the  patient  b\  means  of 
linen  thread. 

According  to  the  scholiast  on  Juvenal,2  athletes 
used  amulets  to  ensure  victory  (niceteria  phylacteria), 
and  wore  them  suspended  from  the  neck ;  and  we 
learn  from  Dioscorides3  that  the  efficacy  of  these 
applications  extended  beyond  the  classes  of  living 
creatures,  since  selenite  was  not  only  worn  by  wom- 
en, but  was  also  tied  to  trees,  for  the  purpose  of  ma- 
king them  fruitful. 

Consistently  with  these  opinions,  an  acquaintance 
with  the  use  of  amulets  was  considered  as  one  of 
the  chief  qualifications  of  nurses.  If,  for  example, 
an  attempt  was  made  to  poison  a  child,  if  it  was  in 
danger  of  destruction  from  the  evil  eye,  or  exposed 
to  any  other  calamity,  it  was  the  duty  of  the  nurse 
to  protect  it  by  the  use  of  such  amulets  as  were 
suited  to  the  circumstances.* 

From  things  hung  or  tied  to  the  body,  the  term 
amulet  was  extended  to  charms  of  other  kinds. 
Pliny5  having  observed  that  the  cyclamen  was  cul- 
tivated in  houses  as  a  protection  against  poison, 
adds  the  remark,  Amuletum  vocant.  The  following 
epigram  by  Lucillius  contains  a  joke  against  an  un- 
fortunate physician,  one  of  whose  patients,  having 
seen  him  in  a  dream,  "awoke  no  more,  even  though 
he  wore  an  amulet :" 

'Epjuoyevn  rdv  larpbv  Iddv  AioQavroc;  kv  inrvoic 
Ovtc  er'  avnyepdrj,  Kal  Tcepiapi/iia  <j>epuv. 

*AMYG'DALUS  (vftvyda^),  the  Almond-tree, 
or  Amygdalus  communis.  The  Almond-tree  is  a  na- 
tive of  Barbary,  whence  it  had  not  been  transferred 
into  Italy  down  to  the  time  of  Cato.  It  has,  how- 
ever, been  so  long  cultivated  all  over  the  south  of  Eu- 
rope, and  the  temperate  parts  of  Asia,  as  to  have 
become,  as  it  were,  naturalized  in  the  whole  of  the 
Old  World  from  Madrid  to  Canton.  For  some  re- 
marks on  the  Amygdalus  Persica,  or  Peach,  vid. 
Persica.6 

*AMG'MON  (duufiov),  a  plant,  and  perfume,  with 
regard  to  which  both  commentators  and  botanical 
writers  are  very  much  divided  in  opinion.  Scaliger 
and  Cordus  make  it  the  Rose  of  Jericho  (Rosa,  Hie- 
richuntica  of  Bauhin ;  Anastatica  hierichunlica  of  Lin- 
naeus ;  Bnnias  Syriaca  of  Gartner) ;  Gesner  takes  it 
for  the  Pepper  of  the  gardens  (the  Solanum  baceiferum 
of  Tournefort);  Caesalpinus  is  in  favour  of  the  Piper 
Cubeba ;  and  Plukenet  and  Sprengel,  with  others,  of 
the  Cissus  vitiginea.  The  most  probable  opinion  is 
that  advanced  by  Fee,  who  makes  the  plant  in  ques- 
tion the  same  with  our  Amomum  racemosum.  The 
Romans  obtained  their  amomum  from  Syria,  and  it 
came  into  the  latter  country  by  the  overJand  trade 
from  India.7  It  is  said  to  have  been  used  by  the 
Eastern  nations  for  embalming;  and  from  this  word 

1.  (H.  N.,  xxiv.,  19.)— 2.  (Hi.,  68.)— 3.  (Lib.  v.)— 4.  (Horn., 
Hvmn.  in  Cer.,  227.— Oiph.,  Lith.,  222.)— 5.  (Plin.,  H.  N.,  xxv., 
9.)— 6.  (Dioscor.,  i.,  176.)— 7.    Fee,  Flore  rte  Virgile,  p.  16.) 

55 


ANACRIS1S. 


ANAGYRIS 


some  have  derived,  though  by  no  means  correctly, 
the  term  mummy.  The  taste  of  the  grains  of  amo- 
mum  is  represented  by  Charras  as  tart,  fragrant, 
very  aromatic,  and  remaining  a  good  while  in  the 
mouth.1  The  name  amomum  is  supposed  to  come 
from  the  Arabic  hhamama,  the  ancient  Arabians 
having  been  the  first  who  made  this  aromatic  known 
tc  the  Greeks.  The  root  of  the  Arabic  term  has 
n/erence  to  the  warm  taste  peculiar  to  spices.  The 
cirdamums,  grains  of  Paradise,  and  mellagetta  pep- 
y>  ii  of  the  shops,  a  class  of  highly  aromatic  pungent 
seeds,  are  produced  by  different  species  of  amomum, 
an  botanists  now  employ  the  term.2 

ANA'BOLEUS  (dvadoXevg).  As  the  Greeks  were 
anacquainted  with  the  use  of  stirrups,  they  were  ac- 
customed to  mount  upon  horseback  by  means  of  a 
slave,  who  was  termed  dvatoTievg  (from  uvaddX- 
?>eiv3).  This  name  was  also  given,  according  to 
some  writers,  to  a  peg  or  pin  fastened  on  the  spear, 
which  might  serve  as  a  resting-place  to  the  foot  in 
mountiD?  *he  horse.4 

ANAKALUPTE'RIA.     (Vid.  Marriage.) 

ANAKEIA  or  ANAKEFON  (dvdneia  or  uvd- 
ksiov),  a  festival  of  the  Dioscuri,  or  "Ava/crec,  as 
they  were  called,  at  Athens.  Athenaeus5  mentions 
a  temple  of  the  Dioscuri,  called  'AvuKreiov,  at  Ath- 
ens ;  he  also  informs  us6  that  the  Athenians,  prob- 
ably on  the  occasion  of  this  festival,  used  to  prepare 
for  these  heroes  in  the  Prytaneum  a  meal  consist- 
ing of  cheese,  a  barley-cake,  ripe  figs,  olives,  and 
garlic,  in  remembrance  of  the  ancient  mode  of  liv- 
ing. These  heroes,  however,  received  the  most 
distinguished  honours  in  the  Dorian  and  Achaean 
states,  where  it  may  be  supposed  that  every  town 
celebrated  a  festival"  in  their  honour,  though  not  un- 
der the  name  of  'Avu/ceia.  Pausanias7  mentions  a 
festival  held  at  Amphissa,  called  that  of  the  dvdnruv 
naidov  ;  but  adds  that  it  was  disputed  whether 
they  were  the  Dioscuri,  the  Curetes,  or  the  Cabiri. 
(See  Dioscuria.) 

ANAKEI'MENA.     (Vid.  Donaria.) 

ANAKLETE'RIA  (dvanlrjTripia)  was  the  name 
of  a  solemnity  at  which  a  young  prince  was  pro- 
claimed king,  and  at  the  same  time  ascended  the 
throne.  The  name  was  chiefly  applied  to  the  ac- 
cession of  the  Ptolemaic  kings  of  Egypt.8  The 
prince  went  to  Memphis,  and  was  there  adorned  by 
the  priests  with  the  sacred  diadem,  and  led  into  the 
Temple  of  Phtha,  where  he  vowed  never  to  make 
any  innovations  either  in  the  order  of  the  year  or 
of  the  festivals.  He  then  carried  to  some  distance 
the  yoke  of  Apis,  in  order  to  be  reminded  of  the 
sufferings  of  man.  Rejoicings  and  sacrifices  con- 
cluded the  solemnity.9 

ANAKOM'IDE  (uvaKOfiidv).  When  an  individual 
had  died  in  a  foreign  country,  it  was  not  unusual 
for  his  fellow-citizens  or  relatives  to  remove  his 
ashes  or  body  to  his  own  country,  which  was  called 
avaKOfud}].  Thus  the  dead  body  of  Theseus  was 
removed  from  Scyros  to  Athens,  and  that  of  Aris- 
tomenes  from  Rhodes  to  Messenia. 

ANA'CRISIS  (uvdicpiGL^),  the  pleadings  prepara- 
tory to  a  trial  at  Athens,  the  object  of  which  was  to 
determine,  generally,  if  the  action  would  lie  (k^erd- 
£ovat  de  nal  el  oAcjc  eiadyeLv  XPW)-10  The  magis- 
trates were  said  uvanpiveiv  ttjv  dUrjv,  or  rovq  dv- 
TidUuv;,  and  the  parties  dvaicpivEodai.  The  pro- 
cess consisted  in  the  production  of  proofs,  of  which 
there  were  five  kinds  :  1.  the  laws  •  2.  written  doc- 
uments, the  production  of  which,  by  the  opposite 
party,  might  be  compelled  by  a  6cktj  elg  e^avuv 
KardoTaciv ;  3.  testimonies  of  witnesses  present 
i  fiapTvplai),  or  affidavits  of  absent  witnesses  (e/c- 


1.  (Royal  Pharmacop.,  p.  139.)— 2.  (Fee,  1.  c.)— 3.  (Xen.,  De 
Re  Eq.,  vi.,  12.— Id,  Hipp.,  i.,  17.— Appian.,  Pun.,  106.)— 4. 
(Xen.,  De  Re  Eq.,  vii.,  1.)— 5.  (vi.,  p.  235.)— 6.  (iv.,  p.  137.)— 
7.  (x.,  38,  3.)— 8.  (.?olyb.,  Reliq.,  xvin.,  38;  xxviii.,  10.)— 9. 
CDiod.  Sic,  Frag.,  lib.  xxx.)— 10.  (Harpocrat ,  ».  v.) 
5fi 


/aprvpiai) ;  4.  depositions  of  slaves  extorted  by  the 
rack;  5.  the  oath  of  the  parties.1  All  these  proofs 
were  committed  to  writing,  and  placed  in  a  box  se- 
cured by  a  seal  (e^ZVoc2)  till  they  were  produced  at 
the  trial.  The  name  dvuKpioig  is  given  to  the  plead- 
ings, considered  expressly  as  a  written  document  in 
Isaeus.3  If  the  evidence  produced  at  the  anacrisis 
was  so  clear  and  convincing  that  there  could  not 
remain  any  doubt,  the  magistrate  could  iecide  tnc 
question  without  sending  the  cause  to  be  tried  be- 
fore the  dicasts  :  this  was  called  dtafxaprvpla.  In 
this  case,  the  only  remedy  for  the  person  against 
whom  the  decision  was  given,  was  to  bring  an  ac- 
tion of  perjury  against  the  witnesses  (ipevdofiapru- 
ptiv  dinrj).  These  pleadings,  like  our  own,  were 
liable  to  vexatious  delays  on  the  part  of  the  liti- 
gants, except  in  the  case  of  actions  concerning  mer- 
chandise, benefit  societies,  mines,  and  dowries,  which 
were  necessarily  tried  within  a  month  from  the  com- 
mencement of  the  suit,  and  were  therefore  called 
ep:fj.7jvoi  diiccu.  The  word  dvaKptatg  is  sometimes 
used  of  a  trial  in  general  {fitjd'  elc  dytcpioiv  eldeiv.*) 
The  archons  were  the  proper  officers  for  the  dvd- 
Kpicng  :  they  are  represented  by  Minerva,  in  the 
Eumenides  of  JEschylus,  where  there  is  a  poetical 
sketch  of  the  process  in  the  law  courts.3  {Vid. 
Antigraphy,  Antomosia.)  For  an  account  of  the 
dvuKpuug,  that  is,  the  examination  which  each  ar- 
chon  underwent  previously  to  entering  on  office, 
see  the  article  Archon. 

ANADIK1A.    {Vid.  Appellatio.) 

*ANAGALLTS  {dvayaXkiq),  a  plant,  of  which 
Dioscorides  and  Galen  describe  two  species,  the 
male  and  the  female,  as  distinguished  by  their  flow- 
ers, the  former  having  a  red  flower,  and  the  latter  a 
blue.  These  are  evidently  the  Anagallis  Arvensis 
and  Ccerulea,  the  Scarlet  and  Blue  Pimpernels.6 

ANAGNOS'TES.     (Vid.  Acroama.) 

ANATflTHS  AI'KH  (dvayoyrjg  dinrj).  If  an  in- 
dividual sold  a  slave  who  had  some  secret  disease 
— such,  for  instance,  as  epilepsy — without  informing 
the  purchaser  of  the  circumstance,  it  was  in  the 
power  of  the  latter  to  bring  an  action  against  the 
vendor  within  a  certain  time,  which  was  fixed  by 
the  laws.  In  order  to  do  this,  he  had  to  report 
(avdyeiv)  to  the  proper  authorities  the  nature  of  the 
disease,  whence  the  action  was  called  dvayoyf/g 
6lktj.  Plato  supplies  us  with  some  information  on 
this  action;  but  it  is  uncertain  whether  his  remarks 
apply  to  the  action  which  was  brought  in  the  Athe- 
nian courts,  or  to  an  imaginary  form  of  proceed- 
ing.7 

ANAGO'GIA  (dvayuyta),  a  festival  celebrated  at 
Eryx,  in  Sicily,  in  honour  of  Aphrodite.  The  in- 
habitants of  the  place  believed  that,  during  this  fes- 
tival, the  goddess  went  over  into  Africa,  and  that  all 
the  pigeons  of  the  town  and  its  neighbourhood  like- 
wise departed  and  accompanied  her.8  Nine  days 
afterward,  during  the  so-called  Karayuyia  (return), 
one  pigeon  having  returned  and  entered  the  temple, 
the  rest  followed.  This  was  the  signal  for  general 
rejoicing  and  feasting.  The  whole  district  was 
said  at  this  time  to  smell  of  butter,  which  the  in- 
habitants believed  to  be  a  sign  that  Aphrodite  had 
returned.9 

*ANAG'YRIS  (avdyvptc),  a  shrub,  which  Nican- 
der10  calls  "the  acrid  Onogyris."  It  is  the  Anagy- 
risfetida,  L.,  or  Fetid  Bean-trefoil.  Hardouin  says 
its  French  name  is  Bois  puant.  According  to  La- 
mark,  it  is  a  small  shrub,  having  the  port  of  a  Cy ti- 
sus,  and  rising  to  the  height  of  five  or  seven  feet.11 

1.  (Aristot.,  Rhet.,L,  rv.,  2.)— 2.  (Schol.  in  Aristoph.,  Vesp., 
1436.)—  3.  (De  Aristarch.  Haired.,  p.  79,  11.)— 4.  (JEschyl., 
Eumen.,  355.) — 5.  (Muller,  Eumeniden,  t)  70.)— 6.  (Dioscor., 
ii.,  209.— Adams,  Append.,  s.  \.)~ 7.  (Plato,  Legg.,  xi.,  2,  p 
916.  —  Ast  in  Plat.,  1.  c.—  Meier,  Att.  Process,  p.  525.) — 8 
(^Elian,  V.  H.,  i.,  14.— Athenaeus,  ix.,  p.  394.)— 9.  (Athsnaeui, 
ix.,  p.  395.)— 10.  (Theriac.,  71  )— 1 1.  (Dioscor ,  in  .  158.— A* 
ams,  Append.,  s.  v  ) 


ANCILE 


ANCILE. 


ANA'RRHUSIS.  (Vid.  Apaturia.) 
*ANAS  (vrjooa  or  vjjrra),  the  genus  Duck.  The 
indents  must  have  been  well  acquainted  with  many 
species  of  Duck;  but,  from  the  brief  notices  they 
have  given  of  them,  we  have  now  great  difficulty 
in  recognising  these.  1.  The  (3ogkuc  is  described 
by  Aristotle1  as  being  like  the  vijaaa,  but  a  little 
smaller ;  it  may  therefore  be  supposed  a  mere  va- 
riety of  the  Arms  Boscas,  or  Wild  Duck.  2.  The 
Qucrquedula  of  Varro  is  referred  by  Turner  to  the 
^pe;ies  of  duck  called  Teal  in  England,  namely, 
the  Anas  crecca,  L.  3.  The  Tinve?>oip,  which  is  enu- 
merated by  Aristotle2  among  the  smaller  species  of 
<eese,  was  probably  a  duck,  as  Gesner  suggests. 
It  may  therefore  be  referred  to  the  Anas  Penelops, 
L.,  or  Widgeon.  (In  modern  works  on  Natural 
History  it  is  incorrectly  written  Penebpe.')  4.  The 
ppsvdoc  of  Aristotle  and  iElian,  and  fipivdoc  of 
Phile,  although  ranked  with  ducks  by  Aristotle  and 
Pliny,  was  probably  the  Anser  Brenta,  or  Brent 
Goose.  5.  The  ^vaAcjTny^  of  Aristotle3  and  of 
iElian*  is  held  to  be  the  Anas  Bernicula,  or  Bernicle 
Goose,  by  Eliot.  Schneider  and  Pennant,  however, 
prefer  the  Anas  Tadorna,  or  Shelldrake.  6.  The 
Sacred  Goose  of  Egypt  was  a  particular  species, 
the  Anas  JEgyptiaca,  allied  to  the  Bernicle,  but  dis- 
tinguished by  brighter  plumage,  and  by  small  spurs 
on  its  wings.5 
ANATHE'MATA.  (Vid.  Donaria.) 
ANATOCIS'MUS.  (Vid.  Interest  on  Money.) 
ANATMAX'IOT  TPA4>H  (uvavfiaxiov  ypayn)  was 
an  impeachment  of  the  trierarch  who  had  kept 
aloof  from  action  while  the  rest  of  the  fleet  was  en- 
gaged. From  the  personal  nature  of  the  offence, 
and  the  punishment,  it  is  obvious  that  this  action 
could  only  have  been  directed  against  the  actual 
commander  of  the  ship,  whether  he  was  the  sole 
person  appointed  to  the  office,  or  the  active  partner 
of  the  perhaps  many  ovvte~acIc,  or  the  mere  con- 
tractor (6  fiicOuadfievog).  In  a  cause  of  this  kind, 
the  strategi  would  be  the  natural  and  official  judges. 
The  punishment  prescribed  by  law  for  this  offence 
was  a  modified  atimia,  by  which  the  criminal  and 
his  descendants  were  deprived  of  their  political 
franchise,  but,  as  we  learn  from  Andocides,  were 
allowed  to  retain  possession  of  their  property.6 

ANAXAGOHEFA  ('Avatjayopeia),  a  day  of  rec- 
reation for  all  the  youths  at  Lampsacus,  which 
took  place  once  every  year,  in  compliance,  it  was 
said,  with  a  wish  expressed  by  Anaxagoras,  who, 
after  being  expelled  from  Athens,  spent  here  the  re- 
mainder of  his  life.  This  continued  to  be  observed 
even  in  the  time  of  Diogenes  Laertius.7 

♦ANAX'URIS,  a  species  of  Dock;  the  Rumez 
divaricatus  according  to  Sprengel.8 

*ANCHU'SA  (ayxovaa),  the  herb  Alkanct.  Four 
kinds  of  alkanet  are  described  by  Dioscorides9  and 
Galen.10  With  regard  to  the  first,  Sprengel  hesi- 
tates between  the  Anchusa  tinctoria  and  Lithosper- 
mum  tinctorium;  the  second  is  the  Echium  Itali- 
cum,  Sibthorp ;  the  third,  or  Alcibiades,  the  Echium, 
diffusum ;  and  the  fourth,  or  Lycopsis,  the  Lithosper- 
mum  fruticosum.  This  is  a  plausible  account  of 
tV:e  ayxovaa  of  Dioscorides,  but  is  not  unattended 
with  difficulties.  That  of  Theophrastus11  seems  in- 
disputably to  be  the  Anchusa  tinctoria.  The  Anchusa 
tempervirens  does  not  seem  to  be  described  by  any 
ancient  author.19 
ANCI'LE,  Lie  sacred  shield  carried  by  the  Sain. 
According  to  Plutarch,13  Dionysius  of  Halica.-- 
nassus,1*  and  Festus,15  it  was  made  of  bronze,  and 
its  form  was  oval,  but  with  the  Jwo  sides  receding 
Inward  with  an  even  curvature,  and  so  as  to  make 

I.  (H.  A.,  viii.,  &)— 2.  (H.  A.,  viii.,  5.)— 3.  (H.  A.,  viii.,  5.)— 
4.  (N.  A  V.,  30.)— 5.  (Adams,  Append.,  s.  V.)— 6.  (De  Myst., 
40,  Zurich  ed.,  1838.— Petit,  Leg.  An.,  667.)— 7.  (Anaxag.,  c. 
10.)— 8.  (Dioscor.,  ii.,  140.)— 9.  (iv.,  23.)— 10.  (De  Simpl.,  v.)— 
11.  (H.  P.,  vii.,  9.)— 12.  (Adams,  Append.,  s.  v.)--13.  (Vit. 
Num.)— 14.  (Ant.,  ii.)— 15    (s.  v.  Mamur.  Vetur.) 


it  broader  at  the  ends  than  in  the  middle.    Its  :mar« 
is  exhibited  in  the  following  woodcut. 

The  original  ancile  was  found,  according  to  tra- 
dition,1 in  the  palace  of  Numa ;  and,  as  no  human 
hand  had  brought  it  there,  it  was  concluded  that  it 
had  been  sent  from  heaven,  and  was  an  o-kaov  6io- 
Tceric.     At  the  same  time,  the  haruspices  declared 
that  the  Roman  state  would  endure  so  long  as  this 
shield  remained  in  Rome.     To  secure  its  preserva- 
tion in  the  city,  Numa  ordered  eleven  other  shields, 
exactly  like  it,  to  be  made  by  the  armorer  Mamu- 
rius  Veturius;  and  twelve  priests  of  Mars  Gradivus 
were  appointed  under  the  denomination  of  Salii, 
whose  office  it  was  to  preserve  the  twelve  ancilia. 
They  were  kept  in  the  temple  of  that  divinity  on  the 
Palatine  Mount,  and  were  taken  from  it  only  once 
a  year,  on  the  calends  of  March.    The  feast  of  the 
god  was  then  observed  during  several  days,  when 
the  Salii  carried  their  shields  about  the  city,  singing 
songs  in  praise  of  Mars,  Numa,  and  Mamurius 
Veturius,  and  at  the  same  time  performing  a  dance, 
which  probably,  in  some  degree,  resembled  our  mor- 
ris-dances, and  in  which  they  struck  the  shields  with 
rods,  so  as  to  keep  time  with  their  voices  and  with 
the  movements  of  their  dance.    The  accompanying 
figure  shows  one  of  these  rods,  as  represented  on 
the  tomb  of  a  Pontifex  Salius,  or  chief  of  the  Salii.3 
Its  form,  as  here  exhibited,  both  illustrates  the  man- 
ner of  using  it,  and  shows  the  reason  why  different 
authors  call  it  by  different  names,  as  kyxeip:6iov, 
Aoyxv,  pdddoc,  virga. 


anS£> 


Besides  these  different  names  of  the  rod,  whica 
was  held  in  the  right  hand,  we  observe  a  similar 
discrepance  as  to  the  mode  of  holding  the  shield. 
Virgil,  describing  the  attire  of  Picus,  a  mythical 
king  of  Latium,  says  he  held  the  ancile  in  his  left 
hand  (Itzvaque  ancile  gerebat3).  Other  authors  rep- 
resent the  Salii  as  bearing  the  ancilia  on  their  necks 
or  on  their  shoulders.*  These  accounts  may  be  rec- 
onciled on  the  supposition  advanced  in  the  article 
JEgis,  that  the  shield  was  suspended  by  a  leathern 
band  (Jorum6)  proceeding  from  the  right  shoulder, 
and  passing  round  the  neck.  That  the  weight  of 
the  ancile  was  considerable,  and  that  the  use  of  it 
in  the  sacred  dance  required  no  small  exertion,  is 
apparent  from  Juvenal's  expression,  "  sudavit  cly- 
peis  ancilibus."' 

Besides  the  Salii,  who  were  men  of  patrician  fam- 
ilies, and  were  probably  instructed  to  perform  theii 
public  dances  in  a  graceful  as  well  as  animated 
manner,  there  were  servants  who  executed  inferior 
offices.  An  ancient  gem  in  the  Florentine  cabinet, 
from  which  the  preceding  cut  has  been  copied,  rep- 
resents two  of  them  carrying  six  ancilia  on  their 
shoulders,  suspended  from  a  pole;  and  the  repre- 
sentation agrees  exactly  with  the  statement  of  Dio- 
nysius of  Halicarnassus,  neArac  virnpirat,    ypryiit- 

Vac    UTTO    KavOVUV    KO[ii^OV(JL  


1.  (Dionys.,  1.  c— Plut.,  1.  c— Florus,  i.,  2.— Serv.  in  JEu., 
viii.,  664.)— 2.  (Grater,  Inscr.,  p.  cccclxiv.,  note  3.) — 3.  (JEn., 
vii.,  187.)— 4.  (Slat.,  Svlv.,  ii.,  129.— Lucan,  i.,  603  ;  ix.,  460.— 
Lactaut.,  De  Fals.  Rcl.,  i.,  21.)— 5   (Juv.,  ii.,  125.)— 6.  (ii.,  126.J 


ANCORA. 


ANDROGEONIA. 


During  the  festival,  and  so  long  as  the  Salii  con^ 
tiimed  to  cany  the  ancilia,  no  expedition  could  be 
undertaken.  It  was  thought  ominous  to  solemnize 
marriages  at  that  time,  or  to  engage  in  any  under- 
taking of  great  importance.1 

When  war  was  declared,  the  ancilia  were  purpose- 
ly shaken  in  their  sacred  depository.2  But  it  is  al- 
leged that,  towards  the  close  of  the  Cimbric  war,  they 
rattled  of  their  own  accord. 3 

AN' CORA  (dyicvpa),  an  anchor. 

The  anchor  used  by  the  ancients  was,  for  the  most 
part,  made  of  iron,  and  its  form,  as  may  be  seen  from 
the  annexed  figure,  taken  from  a  coin,  resembled  that 
of  the  modern  anchor.  The  shape  of  the  two  ex- 
tremities illustrates  the  unco  morsu  and  dente  tenaci 
of  Virgil. 4  Indeed,  the  Greek  and  Latin  names  them- 
selves express  this  essential  property  of  the  anchor, 
being  allied  to  dyicvXog ,  dyKwv,  angulus,  uncus,  &c. 


The  anchor,  as  here  represented  and  as  common- 
ly used,  was  called  bidens,  dnrXf),  d[i<pi€o\og,  or  d/x- 
QiaTo/iog,  because  it  had  two  teeth  or  flukes.  Some- 
times it  had  one  only,  and  then  had  the  epithet  ire- 
poarojxog.  The  following  expressions  were  used  for 
the  three  principal  processes  in  managing  the  an- 
chor: 

Ancoram  solvere,  aytzvpav  xaXav,  to  loose  the  an- 
chor. 

Ancoram  jacere,  fidWeiv,  p'nrrsiv,  to  cast  anchor. 

Ancoram  toller  e,  a'ipuv,  dvaipeiuOai,  dvaaivdaQai, 
to  weigh  anchor. 

Hence  a'lpeiv  by  itself  meant  to  set  sail,  ayicvpav 
being  understood. 

The  qualities  of  a  good  anchor  were  not  to  slip,  or 
lose  its  hold,  and  not  to  break,  i.  e.,  to  be  da^aXrj  re 
Kai  f3e€aiav.5 

The  following  figure,  taken  from  a  marble  at  Rome, 
shows  the  cable  (funis)  passing  through  a  hole  in  the 
prow  (oculus). 


We  may  suppose  the  anchor  to  be  lying  on  the 
deck,  in  the  place  indicated  by  the  turn  of  the  ca- 
ble ;  and  if  the  vessel  be  approaching  the  port,  the 
steps  taken  will  be  as  Virgil  describes : 

"  Obvertunt  pelago  proras  ;  turn  dente  tenaci 
Ancora  fundabat  naves,  et  litora  curvaz 
Proztexunt  puppes."6 
And 

" Ancora  de  prora  jacitur,  stant  litore  puppes.^"1 

The  prow  being  turned  towards  the  deep  sea  (pe- 

1.  (Ovid,  Fast.,  Hi.,  393.)— 2.  (Serv.  in  yEn.,  vii.,  C03  ;  viii., 
3.)— 3.  (Jul.  Obsequens,  De  Prodig — Liv.,  Epit.,G8.)— 4.  (JEn., 
i.,169;  vi.,  3.)— 5.  (Heb.,vi.,19.)— 6.  (^En.,vi.,3-5.)— 7.(^En., 
iii.,277;  vi.,901.) 
58 


lago)  and  the  stern  towards  the  land,  the  latter  ex- 
tremity is  fixed  upon  the  shore  (stat  litore),  so  that 
the  collected  ships,  with  their  aplustria,  adorn  it,  as  it 
were,  with  a  fringe  or  border  (prcetexta).  The  prow 
remains  in  the  deeper  water,  and  therefore  the  an- 
chor is  thrown  out  to  attach  it  to  the  ground  (fun- 
dare). 

When  a  ship  was  driving  before  the  wind,  and  in 
danger  of  foundering  upon  shoals,  its  course  would 
be  checked  by  casting  anchor  from  the  stern.  This 
was  done  when  Paul  was  shipAvrecked  at  Melite.1 
Four  anchors  were  dropped  on  that  occasion.  Athe- 
naeus2  mentions  a  ship  which  had  eight  iron  anchors. 
The  largest  and  strongest  anchor,  the  "last  hope"  of 
the  ship,  was  called  lepd :  and,  as  it  was  only  used  in 
the  extremity  of  danger,  the  phrase  "  sacram  an- 
coram solvere"  was  applied  to  all  persons  similarly 
circumstanced. 

To  indicate  the  place  wherje  the  anchor  lay,  a 
bundle  of  cork  floated  over  it,  on  the  surface  of  the 
water,3  being  attached,  probably,  to  the  ring  which, 
in  the  preceding  figure,  is  seen  fixed  to  the  bottom 
of  the  shank ;  and  we  may  conjecture  that  the  rope 
tied  to  that  ring  Avas  also  used  in  drawing  the  fluke 
out  of  the  ground  previously  to  weighing  anchor. 

In  the  heroic  times  of  Greece,  it  appears  that  an- 
chors were  not  yet  invented :  large  stones,  called 
evvai  (sleepers),  were  used  in  their  stead.4  Even 
in  later  times,  bags  of  sand,  and  baskets  filled  with 
stones,  were  used  in  cases  of  necessity.  According 
to  Pliny,5  the  anchor  was  first  invented  by  Eupala- 
mus,  and  afterward  improved  by  Anacharsis. 

*  ANDRAPHAX'YS  (dvdpdQa&g  or  drpd^vg), 
an  herb,  the  same  with  our  Atriplex  hortensis,  ac- 
cording to  Sprengel,  Stackhouse,  and  Dierbach,  who 
agree  in  this  with  the  earlier  commentators.  All 
the  ancient  authorities,  from  Dioscorides  to  Macer, 
give  it  the  character  of  an  excellent  pot-herb.  It  is 
still  cultivated  in  some  gardens  as  a  culinary  herb ; 
its  English  name  is  Orach.6 

*  ANDRACH'NE,  Purslane,  or  Portulaca  olera- 
cea,  L. 7 

ANAPAnOAIS'MOT  or  ANAPAII0AI2'EQ2 
rPA$'H  (dvdpa7rodi<Tfxov  or  dvdpa7ro8i<7£U)g  ypacpt)) 
was  an  action  brought  before  the  court  of  the  eleven 
(oi  'ivdeKa),  against  all  persons  who  carried  off  slaves 
from  their  masters,  or  reduced  free  men  to  a  state 
of  slavery.  The  grammarians  mention  an  oration 
of  Antiphon  on  this  subject,  which  has  not  come 
down  to  us.8 

ANAPAII'OAQN  AIKH  (dvSpaTroSiov  8iicn)  was 
the  peculiar  title  of  the  SiaSiicaoia  when  a  property 
in  slaves  was  the  subject  of  contending  claims.  The 
cause  belonged  to  the  class  of  diicai  7rpog  Tiva,  and 
was  one  of  the  private  suits  that  came  under  the 
jurisdiction  of  the  thesmothetce.  It  is  recorded  to 
have  been  the  subject  of  a  lost  speech  of  Dinarchus,9 
and  is  clearly  referred  to  in  one  still  extant  of  De- 
mosthenes.10 

ANDREI' A.     (Vid.  Syssitia.) 

*ANDRO'DAMAS,  one  of  Pliny's  varieties  of 
haematite.  (Vid.  AIMATITH2.)  It  was  of  a  black 
colour,  of  remarkable  weight  and  hardness,  and  at- 
tracted silver,  copper,  and  iron.  When  divested  of 
its  fabulous  properties,  it  appears  to  have  been  mag- 
netic oxide  of  iron.11 

ANDROGEO'NIA  (AvSpoyeuvia),  a  festival  with 
games,  held  every  year  in  the  Ceramicus  at  Athens, 
in  honour  of  the  hero  Androgeus,  son  of  Minos, 
who  had  overcome  all  his  adversaries  in  the  festive 


1.  (Acta,  xxvii.,  29.)— 2.  (Athenseus,  v.,  43.)— 3.  (Paus.,  viii., 
12.— Plin.,  H.  N.,  xvi.,  8.)— 4.  (See  II.,  i.,  43G  ;  xiv.,  77 — Od., 

ix.,  137;  xv.,  498 Apollon.  Khod.,  i.,  1277.)— 5.  (vii.,  57.)— 6. 

(Dioscor.,  ii.,  145.  —  Theophrast.,  H.  P.,  i.,  18.  — Adams,  Ap- 
pend., s.  v.)— 7.  (Theophrast.,  H.  P.,  i.,  15;  iii.,  4,  &c— Dios- 
cor., ii.,  150.)— 8.  (Bekker,  Anecdot.  Gr.,  i.,  352.)— 9.  (Pro  Lys- 
iclide.)— 10.  (c.  Aphob.,  i.,821, 1. 7.)— 11.  (Moore's  Anc.  Miner- 
alogy, p.  131.) 


AM7-THUM. 


ANNALES 


$nines  of  the  Panathcu&a,  and  was  afterward  kilied 
by  order  of  JEgeus.1  According  to  Hesychius,  the 
hero  also  bore  the  name  of  Eurygyes  (the  possessor 
at  extensive  lands),  and  under  this  title  games  were 
celebrated  in  his  honour,  6  £7r'  Evpvyvr/  dyuv. 

ANDROLEPS'IA  or  ANDROLEPS'ION  (iv- 
ipo?.7jt}.ua  or  uvdpo?i7Jibiov),  the  right  of  reprisals,  a 
custom  recognised  by  the  international  law  of  the 
Greeks,  that,  when  a  citizen  of  one  state  had  killed 
i  citizen  of  another,  and  the  countrymen  of  the  for- 
mer would  not  surrender  him  to  the  relatives  of  the 
Jeceased,  it  should  be  lawful  to  seize  upon  three, 
md  not  more,  of  the  countrymen  of  the  offender, 
and  keep  them  as  hostages  till  satisfaction  was  af- 
forded, or  the  homicide  given  up.3  The  trierarchs 
and  the  commanders  of  the  ships  of  war  were  the 
peioons  intrusted  with  this  office.  The  property 
which  the  hostages  had  with  them  at  the  time  of 
seizure  was  confiscated,  under  the  name  of  ovla  or 
cvXat..3 

*ANDROS.E'MON  (avdpduatuov),  a  species  of 
St.  John's-wort,  but  not  the  Hypericum  androseemum 
of  modern  botanists.  Such,  at  least,  is  the  opinion 
of  Sibthorp,  who  refers  it  to  the  H.  ciliatum,  Lam. 
Stephens  and  Matthiolus  give  it  the  French  name 
of  Millepertuis* 

»ANDROS'ACES  (uvdpoaaKee).  Sprengel  justly 
pronounces  this  the  "  crux  exegetarum !"  In  his 
History  of  Botany  he  inclines  to  the  opinion  of  Go- 
nanus,  that  it  is  the  Madrcpora  acetabulum,  a  zoo- 
phyte )  a  most  improbable  conjecture.  But,  in  his 
edition  of  Dioscorides,  he  prefers  the  plant  named 
Olivia  Androsace,  Brestol.  The  avdpooaKec  occurs 
in  the  Materia  Medica  of  Dioscorides,  Galen,  Ori- 
basius,  and  Paulus  iEgineta.5 

*ANE.MO'XE  {uvEfjiuvr)),  the  Anemone  or  Wind- 
rose.  Dioscorides  describes  three  species :  the  first, 
which  he  calls  f/fiepoc,  or  cultivated,  is,  according  to 
Sprengel,  the  Anemone  coronaria;  the  second  kind, 
denominated  aypta,  or  wild,  is  the  A.  stcllata;  the 
third  kind,  with  dark  leaves,  is  the  A.  nemorosa,  or 
Wood  Anemone.  The  cultivated  kind  was  very 
variable  in  the  colour  of  its  flowers,  these  being 
either  blue,  violet,  purple,  or  white,  whereas  the 
wild  kind  has  merely  a  flower  of  purple  hue.  This 
may  serve  to  explain  the  discrepance  in  the  poetic 
legends  respecting  the  origin  of  the  anemone.  Ac- 
cording to  one  account,6  it  sprang  from  the  tears 
shed  by  Venus  for  the  loss  of  Adonis  when  slain 
by  the  wild  boar ;  according  to  another,7  from  the 
blood  of  Adonis  himself.  The  reference  may  be,  in 
the  one  case,  to  the  white  flower  of  the  wind-rose ; 
in  the  other,  to  that  of  purple  hue.  The  anemone 
has  its  name  from  the  Greek  term  uveuoc,  "  wind." 
The  cause  of  this  name's  having  been  given  is  dif- 
ferently stated.  Pliny8  says  that  the  flower  was  so 
styled,  because  it  never  opens  except  when  the  wind 
blows ;  Hesychius,9  because  its  leaves  are  quickly 
scattered  by  the  wind.  The  best  explanation,  how- 
ever, is  the  following :  the  blossoms  of  the  anemone 
contain  no  distinct  calyx,  and  are  succeeded  by  a 
cluster  of  grains,  each  terminated  by  a  long,  silky, 
leathery  tail.  As  the  species  generally  grow  on 
open  plains,  or  in  high,  exposed  situations,  their 
feathery  grains  produce  a  singular  shining  appear- 
ance when  waved  by  the  breeze,  and  hence,  no 
doubt,  the  name  of  the  flower  has  originated,  for  it 
means,  literally,  "  Wind-flower ;"  and  this  is  the 
appellation  actually  bestowed  upon  it  by  the  Eng- 
lish.— Sibthorp  found  the  anemone  on  Mount  Par- 
nassus. 

•ANE'THUM  (uvV6ovl  the  herb  Anise  or  Dill. 
Sprengel  makes  the  uvydov  of  Dioscorides  and  The- 

1.  (Dvxl.  Sic,  iv.,  60,  61.)— 2.  (Harpocrat.,  s.  v.— Demosth., 
c.  Aristwirat.,  p.  647,  1.  24.)— 3.  (Vid.  Demosth.,  Tzcpl  rov  5>£0. 
7%  TpiTjp«{i\(as,  p.  1232,  1.  5.)— 4.  (Dioscor.,  iii.,  163.— Adams, 
Append.,  s.  v  )— 5.  (Adams,  Append.,  s.  v.)— 6.  (Bion,  Id.,  i., 

M'!~T-,  l°yia>  Met->  10>  735>  seqq.)— 8.  (H.  N.,  21,  23.)— 9.  (s. 
r.  avtfcuvi}.) 


ophrastus  the  Ancthum  graveolens ;  but,  according  10 
Stackhouse,  the  uvrjdov  of  Theophrastus  is  the  A 
liortensc,  or  Garden  Dill.1 

ANGOTHE'KE  (iiyyoBi)Kri).     (Vid.  Incitega.) 

*ANGUILL'A  (fy^fAuc),  the  Murana  angmlla, 
L.,  or  Eel.  {Vid.  Concer  and  Mur^ena.)  Vol- 
umes have  been  written  respecting  the  mode  of 
reproduction  on  the  part  of  eels.  Aristotle  believed 
that  they  sprang  from  the  mud ;  Pliny,  from  frag- 
ments which  they  separated  from  their  bodies  by 
rubbing  them  against  the  rocks ;  others  of  the  an- 
cient writers  supposed  that  they  came  from  the 
carcasses  of  animals.  The  truth  is,  that  eels  couple 
after  the  manner  of  serpents ;  that  they  form  eggs, 
which,  for  the  most  part,  disclose  in  their  belly ;  and 
that  in  this  case  they  are  viviparous,  after  the  man- 
ner of  vipers. 

♦ANGUIS  (5<pcc),  the  Snake.  (Vid.  Aspis,  Dra- 
co, &c.) 

ANGUSTICLA'VII.    (Vid.  Clavus.) 

*ANFSUM  (uvlcov)  the  Pimpinclla  anison,  or 
Anise.  It  is  described  by  Theophrastus,  Dioscori- 
des, Galen,  and  the  other  writers  on  the  Materia 
Medica. 

ANNA'LES  (t.  e.,  annales  libri,  year-books)  were 
records  of  the  events  of  each  year,  which  were  kept 
by  the  chief  pontiff  (pontifez  mazivius)  at  Rome, 
from  the  commencement  of  the  state  to  the  time  of 
the  chief  pontiff  Publius  Mucius  Scsevola  (consul 
in  621  A.U.C.,  133  B.C.").  They  were  written  on  a 
white  board  (album),  which  the  chief  pontiff  used 
to  put  in  some  conspicuous  place  in  his  house,  that 
the  people  might  have  the  opportunity  of  reading 
them.  They  were  called  annales  mazimi,  or  annates 
pontificum  mazimorum  ;a  and  the  commentarii  pontifi- 
cum  mentioned  by  Livy3  are  in  all  probability  the 
same.  These  documents  appear  to  have  been  very 
meager,  recording  chiefly  eclipses,  prodigies,  and 
the  state  of  the  markets  ;*  but  they  were  the  enly 
historical  records  which  the  Romans  possessed  be- 
fore the  time  of  Fabius  Pictor.5  The  greater  part 
of  those  written  before  the  burning  of  Rome  by  the 
Gauls,  perished  on  that  occasion ;  but  some  frag- 
ments seem  to  have  escaped  destruction.'  This 
circumstance  is  a  chief  cause  of  the  uncertainty  of 
the  early  history  of  Rome.7 

In  process  of  time,  individuals  undertook  to  write 
portions  of  the  Roman  history,  in  imitation  of  the 
pontifical  annals.8  The  first  of  these  was  duintus 
Fabius  Pictor,  who  lived  during  the  second  Punic 
War,  and  wrote  the  history  of  Rome  from  its  found- 
ation down  to  his  own  time.9  Contemporary  with 
him  was  Lucius  Cincius  Alimentus,  whose  annals 
embraced  the  same  period.10  Dionysius  states  that 
both  Fabius  and  Cincius  wrote  in  Greek;  but  it 
would  seem  that  Fabius  wrote  in  Latin  also.11 
Marcius  Porcius  Cato,  consul  in  559  A.U.C.,  and 
afterward  censor,  wrote  an  historical  work  in 
seven  books,  which  was  called  "  Origines."13  Au- 
lus  Postumius  Albinus,  consul  in  603  A.U.C.,  wrote 
annals  of  the  Roman  history  in  Greek.13  Lucius 
Calpurnius  Piso  Frugi,  consul  in  621  A.U.C.,  and 
afterward  censor,  wrote  annals.1*  duintus  Valeri- 
us Antias  (about  672  A-XLC")  is  frequently  cited  by 
Livy,  and  contemporary  witn  him  was  Caius  Li- 
cinius  JVTacer.15  The  Roman  annalists  were  Lncius 
Cassius  Hemina  (A.U.C.  608),   Gluintus  Fabius 


1.  (Dioscor.,  iii.,  60. — Theophrast.,  H.  P.,  vii.,  1.—  A  Jams, 
Append.,  s.  v.) — 2.  (Cic,  de  Orat.,  ii.,  12. — Id.,  de  Legg.,  i.,  2.) 
—3.  (vi.,  1.)— 4.  (Cato  in  Aul.  Gell.,  ii.,  28.)— 5.  (Cic,  de 
Le™.,  i.,  2.)— 6.  (Liv.,  i.,  6.— Cic,  de  Rep.,  i.,  16.)— 7.  (Nie- 
buhr,  vol.  i.,  p.  213.)— 8.  (Cic,  de  Orat.,  ii.,  12.)— 9.  (Cic,  d« 
Legg.,  i.,  2. — Polvb.,  i.,  14  ;  iii.,  8,  9. — Dionys.,  i.,  6  ;  vii.,  71. — 
Liv.,  i.,  44  ;  ii.,  40.) — 10.  (Dionys.,  i.,  6,  74. — Liv.,  vii.,  3  ;  xxi., 
38.)— 11.  (Cic,de  Orat..  ii.,  12.— Aul.  Gell.,  x.,  15.)— 12.  (Cic, 
de  Orat.,  ii.,  12. — De  Leers'.,  i.,  2. — Liv.,  xxxix.,  40. — Corn. 
Nep.,  Cato,  c  3.)— 13.  (Gell.,  xi.,  8.— Cic,  Brut.,  c  21.— Ma- 
crob.,  Sat.  Pncem.,  i. ;  ii.,  16.— Plutarch,  Cat.  Maj.,c  12.)— 14. 
(Cic,  de  Or*  t.,  ii.,  12.— Ep.  ad  Div.,  ix.,  22.— Vurro,  d«  Lag. 
Lat.,  iv.,  42.— Dionys..  ii ,  38  ;  iv.,  7.)— 15.  (Cic,  de  fa  "f  i., 
2.— Liv.,  vii    0  t 


ANONIS. 


ANT^E. 


Maximus  Servilianus  (612),  Caius  Fannius  (618), 
Caius  Sempronius  Tuditanus  (625),  Lucius  Coelius 
Antipater  (631),  Caius  Sempronius  Asellio  (620), 
and,  about  the  end  of  the  same  century,  Publius 
Rutilius  Rums,  Lucius  Cornelius  Sisenna,  and 
duintus  Claudius  Gluadrigarius.  Farther  informa- 
tion concerning  these  writers  will  be  found  in  Clin- 
ton's Fasti  Hellenici,  vol.  iii. 

The  precise  difference  between  the  terms  annates 
and  hisloria  is  still  a  matter  of  discussion.  Cicero 
says  that  the  first  historical  writers  among  the  Ro- 
mans composed  their  works  in  imitation  of  the 
annates  maximi,  and  merely  wrote  memorials  of  the 
times,  of  men,  of  places,  and  of  events,  without 
any  ornament;  and,  provided  that  their  meaning 
was  intelligible,  thought  the  only  excellence  of 
style  was  brevity  j1  but  that,  in  history,  ornament  is 
studied  in  the  mode  of  narration,  descriptions  of 
countries  and  battles  are  often  introduced,  speeches 
and  harangues  are  reported,  and  a  flowing  style  is 
aimed  at.2  Elsewhere  he  mentions  history  as  one 
of  the  highest  kinds  of  oratory,  and  as  one  which 
was  as  yet  either  unknown  to,  or  neglected  by,  his 
countrymen.3  Aulus  Gellius*  says  that  the  differ- 
ence between  annals  and  history  is,  that  the  former 
observe  the  order  of  years,  narrating  under  each 
year  all  "he  events  that  happened  during  that  year. 
Servius5  says  that  history  {and  tov  icropeiv)  relates 
to  events  which  have  happened  during  the  writer's 
life,  so  that  he  has,  or  might  have,  seen  them ;  but 
annals  to  those  things  which  have  taken  place  in 
former  tim  ss.  The  true  distinction  seems  to  be  that 
which  regards  the  annalist  as  adhering  to  the  suc- 
cession of  time,  while  the  historian  regards  more 
the  succession  of  events ;  and,  moreover,  that  the 
former  relates  bare  facts  in  a  simple,  straightfor- 
ward style,  while  the  latter  arranges  his  materials 
with  the  art  of  an  orator,  and  traces  the  causes  and 
results  of  the  events  which  he  records.  (See  a 
paper  by  Niebuhr  in  the  Rheinisches  Museum,  ii., 
%  p.  283,  translated  by  Mr.  Thirlwall  in  the  PhUolo- 
gtcal  Museum,  vol.  ii.,  p.  661.) 

ANNO'NA  (from  annus,  like  pomona  from  po- 
mum)  is  used,  1.  for  the  produce  of  the  year  in 
com,  fruit,  wine,  &c,  and  hence,  2.  for  provisions 
in  general,  especially  for  the  corn  which,  in  the 
latter  years  of  the  Republic,  was  collected  in  the 
storehouses  of  the  state,  and  sold  to  the  poor  at  a 
cheap  rate  in  times  of  scarcity ;  and  which,  under 
the  emperors,  was  distributed  to  the  people  gratui- 
tously, or  given  as  pay  and  rewards.  3.  For  the 
price  of  provisions.  4.  For  a  soldier's  allowance 
of  provisions  for  a  certain  time.  It  is  used  also  in 
the  plural  for  yearly  or  monthly  distributions  of  pay 
in  corn,  &c.6  Similar  distributions  in  money  were 
called  annoncB  cerarice.1  In  the  plural  it  also  signi- 
fies provisions  given  as  the  wages  of  labour.8 

Annona  was  anciently  worshipped  as  the  goddess 
who  prospered  the  year's  increase.  She  was  repre- 
sented on  an  altar  in  the  Capitol,  with  the  inscrip- 
tion "  Annonae  Sanctse  iElius  Vitalio,"  &c.,9  as  a 
female  with  the  right  arm  and  shoulder  bare,  and 
the  rest  of  the  body  clothed,  holding  ears  of  corn  in 
her  right  hand,  and  the  cornucopia  in  her  left. 

ANNA'LIS  LEX.    {Vid.  .Ediles,  p.  25.) 

AN'NULI.    {Vid.  Rings.) 

ANNUS.     {Vid.  Year.) 

*ANO'NIS  (avuvic),  a  plant.  Stephens  says  its 
popular  name  is  Resta  bovis,  i.  e.,  Rest-harrow. 
Modem  botanists  have  accordingly  given  the  name 
of  Anonis  antiquorum  to  the  Rest-liarrow  of  English 
herba.lsf;s.19  The  popular  name  is  derived  from  the 
circumstance  of  this  plant's  stopping  the  plough,  or 
harrow,  in  its  progress,  by  its  stringy  roots. 


1.  (De  Orat.,  ii.,  12.)— 2.  (Orator.,  c.  20.)— 3.  (DeLegg.,i.,  2.) 
—4.  (v.,  18.)— 5.  (in  JEn.,  i.,  373.)— 6.  (Cod.  Just.,  i.,  tit.  48 ; 
i.,  tit.  16  ;  xi.,  tit.  24.)— 7.  (Cod.  Theodos.,  vii.,  tit.  4,  s.  34, 
35,  36.)— &  (Salmas.  in  Lamprid.,  Alex.  Sev.,  c.  41.)— 9.  (Gru- 
Vr.  p.  6,  n.  10.)— 10.  (Dioscor.,  iii.,  17.— Adams,  Append.,  s.v  ) 


ANCtUrSITIO.  In  criminal  trials  at  Rem?,  the 
accuser  was  obliged,  after  the  day  for  the  trial  {diet 
dictio)  had  been  fixed,  to  repeat  his  charge  three 
times  against  the  accused,  with  the  intervention  of 
a  day  between  each.1  The  anquisitw  was  tnat  par 
of  the  charge  in  which  the  punishment  was  speci 
lied.  The  accuser  could,  during  this  repetition  of 
the  charge,  either  mitigate2  or  increase  the  punish* 
ment.3  After  the  charge  had  been  repeated  three 
times,  the  proper  bill  of  accusation  {rogatio)  was 
then  first  introduced.  {Vid.  Judicium.)  Under  the 
emperors,  the  term  anquisitio  lost  its  original  mean- 
ing, and  was  employed  to  indicate  an  accusation  in 
general  ;*  in  which  sense  it  also  occurs  even  in  the 
times  of  the  Republic.6 

ANSA,  the  handle  of  any  thing,  more  particularly 
of  a  cup  or  drinking-vessel ;  also,  the  handle  of  a 
rudder,  called  by  us  the  tiller.6  Ennius  speaks  of 
the  ansa  or  handle  of  a  spear:  "  Hastis  ansatis  con- 
currunt  undique  telisP1  "  Ansatas  mittunt  e  turribus 
hastas."* 

The  ansa  must  have  been  different  from  the 
amentum  of  a  spear.  Perhaps  it  was  a  rest  for  the 
hand,  fixed  to  the  middle  of  the  shaft,  to  assist  in 
throwing  it.  On  this  supposition,  the  hasta  ansata 
of  Ennius  was  the  same  with  the  ueoaynvTiov  or 
66pv  ayKvlrjTov  of  Greek  authors.9  Euripides  calls 
the  same  weapons  simply  ayicvlac.10 

Xenophon,  speaking  of  the  large  arrows  of  the 
Carduchi,  says  that  his  soldiers  used  them  as  darts 
(cikovtlocc),  by  fixing  the  aynvlr)  upon  them  (haynv- 
Auvreg).11  Plutarch12  relates  that  Alexander  the 
Great,  observing  one  of  his  soldiers  to  be  attaching 
the  dyKvXij  to  his  dart  {to  ukovtlov  haytcvTiovuevov), 
obliged  him  to  leave  the  ranks,  for  preparing  his 
arms  at  a  moment  when  he  ought  to  have  had  them 
ready  for  use.  These  authorities  show  that  the 
aynvTir)  was  something  fastened  to  the  dart,  about 
the  middle  of  the  shaft,  before  the  engagement  ccm- 
menced.  That  it  was  crooked,  or  curved,  may  be 
concluded  from  the  term  itself;  and,  if  so,  it  would 
agree  with  the  Latin  ansa,  a  handle,  though  not  with 
amentum,  which  was  a  leather  thong  fastened  to 
the  same  part  of  the  lance.     (  Vid.  Amentum.) 

*ANSER  (jcw),  the  Goose.  Aristotle  briefly  de- 
scribes two  species,  the  Great  and  the  Small  grega- 
rious goose.13  The  latter,  no  doubt,  is  the  Brent 
Goose,  or  Anas  Bernicula.  The  other  cannot  be  sat- 
isfactorily determined ;  but  it  is  not  unlikely  that  it 
was  the  Anas  anser.  Dr.  Trail,  however,  is  inclined 
rather  to  think  that  it  was  the  Anas  jEgyptiaca,  or 
Sacred  Goose  of  Egypt.1* 

ANTiE  {■napaoradcg),  square  pillars  {quadra  co- 
lumns, Nonius).  They  were  commonly  joined  to 
the  side  walls  of  a  building,  being  placed  on  each 
side  of  the  door,  so  as  to  assist  in  forming  the  por- 
tico. These  terms  are  seldom  found  except  in 
the  plural,  because  the  purpose  served  by  anta? 
required  that,  in  general,  two  should  be  erected 
corresponding  to  each  other,  and  supporting  the  ex- 
tremities of  the  same  roof.  Their  position,  form, 
and  use  will  be  best  understood  from  the  following 
woodcut,  in  which  A  A  are  the  antae. 

Vitruvius18  describes  the  temple  in  antis  (vaoc  h 
TrapaoTtiai)  to  be  one  of  the  simplest  kind.  It  had, 
as  he  says,  in  front,  antae  attached  to  the  walls 
which  enclosed  the  cella;  and  in  the  middle,  be- 
tween the  antae,  two  columns  supporting  the  archi- 
trave. According  to  him,16  the  antae  ought  to  be  of 
the  same  thickness  as  the  columns.  The  three 
spaces  {intercolumnia)  into  which  the  front  of  the 

1.  (Cic,  pro.  Dom.,  c.  17.)— 2.  (Liv.,  ii.,  52.)— 3.  (Liv  .  xxvi., 
3.)_4.  (Tacit.,  Ann.,  iii.,  12.)— 5.  (Liv.,  vi.,  20  ;  viii.,  33.)— 6 
(Vitruv.,  x.,  8.)— 7.  (Ap.  Macrob.,  Saturn.,  vi.,  1.)— 8.  (Ap 
Nonium.)— 9.  (Athenseus,  xi.— Eurip.,  Phoen.,  1148.— Androm 
1133.— Schol.  in  loc— Menander,  p.  210,  ed.  Meineke—  GeU 
x.,  25.— Festus,  s.  t.  Mefancilium.)— 10.  (Orest.,  1477.)— 11 
(Anab.,  iv.,  2,  $  28.)— 12.  (Apophth.)— 13.  (AriiloV  ,  H.  A.,  via , 
5.)— 14.  (Adams,  Append.,  s.  v.)— 15.  (iii.,  1.)— 16    (iv..  4  ) 


ANTEAMBULONES. 


ANTEFIXA. 


pronaos  was  divided  by  the  two  columns,  were 
sometimes  occupied  by  marble  balustrades,  or  by 
some  kind  of  rails,  with  doors  or  gates.  The  ruins 
of  temples,  corresponding  to  the  description  of  Vitru- 
vius,  are  found  in  Greece  and  Asia  Minor ;  and  we 
here  exhibit  as  a  specimen  a  restoration  of  the 
front  o*'  the  temple  of  Artemis  Propylaea  at  Eleusis, 
together  with  a  plan  of  the  pronaos : 


A  A,  the  anta ;  B  B,  the  cella  or  vaoq :  O,  the  altar. 

An.  ancient  inscription  respecting  the  temple  of 
berapis  at  Puteoli,  contains  the  following  direction 
ro  and  antae  to  one  of  the  walls :  Ex.  eo.  pariete. 

ANTA8.  DUAS.  AD.  MARE.  VORSUM.   PROJICITO.  LONGAS. 
t.  17.  CRASSAS.  P.  I. 

When  Neoptolemus  is  attacked  by  Orestes  in 
She  vestibule  of  the  temple  at  Delphi,  he  seizes  the 
arms  which  were  suspended  by  means  of  nails  or 
pins  from  one  of  the  antae  {Ttapaoradoc  Kpefiaora1), 
takes  his  station  upon  the  altar,  and  addresses  the 
people  in  his  own  defence.  In  two  other  passages, 
Euripides  uses  the  term  by  metonymy,  to  denote 
either  the  pronaos  of  a  temple2  or  the  vestibule  of  a 
oalace  ;3  i.  e.,  in  each  case  the  portico,  or  space  en- 
closed between  the  antae.* 

From  parastas  came  the  adjective  parastaticus,  and 
hence  we  find  parastatica  employed  as  the  term  for  a 
pilaster,  which  may  be  considered  as  the  section  of 
a  square  pillar  attached  to  the  wall  of  a  building. 
The  beams  of  a  ceiling  were  laid  upon  three  kinds 
of  supports,  viz.,  columns,  antae,  and  parastaticae  or 
pilasters.5 

*ANTAC^ETJS  (JivTaKaioc),  a  variety  of  the  Act- 
penser  Huso,  or  Isinglass  Fish.  This  would  appear 
to  be  the  fish  of  whose  name  a  poet  in  Athenaeus 
complains  that  it  was  inadmissible  into  heroic 
verse.* 

ANTEAMBULO'NES  were  slaves  who  were 
accustomed  to  gc  before  their  masters,  in  order  to 
make  way  for  them  through  the  crowd.7  They 
usually  called  out  date  locum  domino  meo ;  and  if  this 
were  not  sufficient  to  clear  the  way,  they  used  their 
hands  and  elbows  for  that  purpose.  Pliny  relates 
an  amusing  tale  of  an  individual  who  was  roughly 


1.  (Eurip.,  Androm.,  1098.)— 2.  (Iph.  in  Taur.,  1126.)— 3. 
(Phosn.,  427.) — 4.  (Vid.  Cratini,  Fragm.,  ed.  Runkel,  p.  16.— 
Xen.,  Hier.,  xi. — Schneider,  Gr.-Deutsch.  Handworterbuch. — 
Id.,  Epim.  in  Xen.,  Mem.,  p.  277. — Id.,  in  Vitruv.,  vi.,  7,  1.) — 5. 
(Vitruv.,  iv.,  2,  p.  94  ;  v.,  i.,  p.  116,  117,  ed.  Schneider.— Plin., 

— iii.,  15.)— -6.  (Athenseus,  vii.,  p.  284,  e. — Schweigh.  in  loc. ; 

Clmn,  N  A,  iiv.,  23.)— 7    (Suet.,  Vesp.,  c  2.) 


handled  by  a  Roman  knight,  because  his  slave  had 
presumed  to  touch  the  latter  in  order  to  make  way 
for  his  master.1  The  term  anteambuloncs  was  also 
given  to  the  clients,  who  were  accustomed  to  walk 
before  their  patroni  when  the  latter  appeared  in 
public.3 

ANTECESSORS,  called  also  ANTECUR- 
SO'RES,  were  horse-soldiers,  who  were  accustom? 
ed  to  precede  an  army  on  march  in  order  to  choose 
a  suitable  place  for  the  camp,  and  to  make  the  ne- 
cessary provisions  for  the  army.  They  do  not  ap- 
pear to  have  been  merely  scouts,  like  the  specula- 
tores.3  This  name  was  also  given  to  the  teacheis 
of  the  Roman  law.* 

ANTECGENA.    {Vid.  Ccena.) 

ANTEFIXA,  terra-cottas,  which  exhibited  vari- 
ous ornamental  designs,  and  were  used  in  architc : 
ture  to  cover  the  frieze  (zophorus)  of  the  entablature 

These  terra-cottas  do  not  appear  to  have  been 
used  among  the  Greeks,  but  were  probably  EtruriE  n 
in  their  origin,  and  were  thence  taken  for  the  dec  >- 
ration  of  Roman  buildings.  Festus  describes  the;n 
in  the  following  terms :  Antefixa  qua  ex  operefiguli.io 
tcctis  adjiguntur  sub  slillicidio. 

The  name  antefixa  is  evidently  derived  from  the 
circumstance  that  they  were  fixed  before  the  buil  i- 
ings  which  they  adorned;  and  the  manner  of  fixing 
them,  at  least  in  many  cases,  appears  from  the  re- 
mains of  them  still  existing.  At  Scrofano,  supposed 
to  be  the  ancient  Veii,  they  were  found  fastened  to 
the  frieze  with  leaden  nails.  At  Velletri,  formerly 
a  city  of  the  >rolsci,  they  were  discovered  {see  lie 
following  woodcut)  with  holes  for  the  nails  to  pass 
through.  They  were  formed  in  moulds,  and  thru 
baked  by  fire,  so  that  the  number  of  them  might  be 
increased  to  any  extent;  and  copies  of  the  same  de- 
sign were  no  doubt  frequently  repeated  on  the  same 
frieze.  Of  the  great  variety  and  exquisite  beany 
of  the  workmanship,  the  reader  may  best  form  iji 
idea  by  inspecting  the  collection  of  them  in  the  Brit- 
ish Museum,  or  by  studying  the  engravings  and  de- 
scription of  that  collection  published  by  Dr.  Tayloi 
Combe. 

The  two  imperfect  antefixa  here  represented  are 
among  those  found  at  Velletri,  and  described  by 
Carloni  (Roma,  1785). 


The  first  of  them  must  have  formed  part  of  the 
upper  border  of  the  frieze,  or,  rather,  of  the  cornice. 
It  contains  a  panther's  head,  designed  to  serve  as  a 
spout  for  the  rain-water  to  pass  through  in  descend- 
ing from  the  roof.  Similar  antefixa,  but  with  comic 
masks  instead  of  animals'  heads,  adorned  the  Tem- 
ple of  Isis  at  Pompeii.5 

The  second  of  the  above  specimens  represerts 
two  men  who  have  a  dispute,  and  who  come  before 
the  sceptre-bearing  kings  or  judges  to  have  their 
cause  decided.  The  style  of  this  bas-relief  indi- 
cates its  high  antiquity,  and,  at  the  same  time, 

-t 

1.  (Ep.  iii.,  14,  sub  fin.)— 2.  (Martial,  ii.,  18;  iii.,  7;  x  ,  74.) 
—3.  (Hirt.,  Bell.  Afr.,  12,  who  speaks  of  speculatores  el  ante 
cessores  equite?.— Suet.,  Vitell.,  17.— Caes.,  B.  G.,  v.,  47.)— 4 
(Cod.  1,  tit.  n,  s.  2,  $  9, 11  )— 5.  (Pompeii,  Lond.,  1836,  voLi, 
p.  281.) 

61 


ANTENNA. 


ANTHERICUS. 


proves  that  tne  Volsci  had  attained  to  considerable 
taste  in  their  architecture.  Their  antefixa  are  re- 
markable for  being  painted :  the  ground  of  that  here 
represented  is  blue ;  the  hair  of  the  six  men  is  black 
or  brown ;  their  flesh  red ;  their  garments  white,  yel- 
low, and  red :  the  chairs  are  white.  The  two  holes 
may  be  observed  by  which  this  slab  was  fixed  upon 
the"  building. 

Cato  the  Censor  complained  that  the  Romans  of 
his  time  began  to  despise  ornaments  of  this  descrip- 
tion, and  to  prefer  the  marble  friezes  of  Athens  and 
Corinth.1  The  rising  taste  which  Cato  deplored 
may  account  for  the  superior  beauty  of  the  antefixa 
preserved  in  the  British  Museum,  which  were  dis- 
covered at  Rome.  A  specimen  of  them  is  here 
given.     It  represents  Minerva  superintending  the 


construction  of  the  ship  Argo.  The  man  with  the 
hammer  and  chisel  is  Argus,  who  built  the  vessel 
andei  her  direction.  The  pilot  Tiphys  is  assisted 
Tf  f&r  u  attaching  the  sail  to  the  yard.  The  bor- 
<Si&.\3  aft  me  top  and.  bottom  are  in  the  Greek  style, 
mi '  are  extremely  elegant.  Another  specimen  of 
&**  antefixa  is  given  under  the  article  Antyx. 

ANTENNA  (Kepaia,  Kepag),  the  yard  of  a  ship. 

The  ships  of  the  ancients  had  a  single  mast  in  the 
middle,  and  a  square  sail,  to  raise  and  support  which 
a  tranverse  pole  or  yard  was  extended  across  the 
mast  not  far  from  the  top.  In  winter  the  yard  was 
let  down,  and  lodged  in  the  vessel  or  taken  on  shore. 
"  Effugit  hybernas  demissa  antenna  procellas."3 

When,  therefore,  the  time  for  leaving  the  port  ar- 
rived, it  was  necessary  to  elevate  the  yard,  to  which 
the  sail  was  previously  attached.  For  this  purpose 
a  wooden  hoop  was  made  to  slide  up  and  down  the 
mast,  as  we  see  it  represented  in  an  antique  lamp, 
made  in  the  form  of  a  ship.3  To  the  two  extremi- 
ties of  the  yard  (cornua,  anponipaiai)  ropes  were  at- 
tached, which  passed  over  the  top  of  the  mast ;  and 
by  means  of  these  ropes,  and  the  pulleys  (trochlea) 
corL3C^^.  with  them,  the  yard  and  sail,  guided  by 
the  hoop,  were  hoisted  to  a  sufficient  height.  The 
sail  was  then  unfurled,  and  allowed  to  fall  to  the 
deck  of  the  vessel.4 

Coesar  informs  us5  that,  in  order  to  destroy  the 
fleet  of  the  Veneti,  his  soldiers  made  use  of  sharp 
sickles  fastened  to  long  poles.  With  these  they  cut 
the  ropes  (funes)  by  which  the  yard  of  each  ship 
was  suspended  from  the  mast.  The  consequence 
was,  that  the  yard,  with  the  sail  upon  it,  immediately 
fell,  and  the  ship  became  unmanageable.  These 
!Op68  appear  to  have  been  called  in  Greek  icepovxot, 
v'aeace  in  Latin  summi  ceruchi.6 

Besides  the  ropes  already  mentioned,  two  others 

WXl-  ■*»'  — - — _ ■  — ■  ■  ■  ■■  ,  ,  , 

1.  (Liv.,  xxxiv.,  4.)— 2.  (Ovid,  Trist.,  III.,  iv.,9.)— 3.  (Barto- 
li,  Lucern.,  iii.,  31. — Compare  Isid.,  Hisp.  Orig.,  xx.,  15.) — 4. 
(Val.  Flacc    i ,  311—  Ovid,  Met.,  xi.,  477.)— 5.  (B.  G.,  iii.,  14.) 
-6.  (Lucan.,  viii.,  177.— Val.  Flacc.  i..  469.) 
62 


nung  from  the  horns  of  the  antenna,  the  use  of  which 
was  to  turn  it  round  as  the  wind  veered,  so  as  to 
keep  the  sail  opposite  to  the  wind.  This  operation 
is  technically  described  by  Virgil  in  the  following 
line:  "Cornua  velatarum  obvertimus  antennarum."1 
And  more  poetically  where  he  uses  brachia  for  tm- 
tennce,  and  adds,  "  Una  ardua  torquent  Cornua,  dp- 
torquentque."2 

When  a  storm  arose,  or  when  the  port  was  at- 
tained, it  was  usual  to  lower  the  antenna  (demittere. 
KadeXeadai,  vfyievai),  and  to  reef  the  sail:  "Ardua 
jamdudum  demittite  cornua,  rector  Clamat,  et  antennu 
totum  subnectite  velum."3 

Also  before  an  engagement  the  antenna  was  low- 
ered to  the  middle  of  the  mast  (Antennis  ad  medium 
malum  demissis*)  We  may  observe  that  the  two 
last-cited  authors  use  antenna  in  the  plural  for  the 
yard  of  a  single  ship,  probably  because  they  con- 
sidered it  as  consisting  of  two  arms  united  "in  the 
middle. 

From  numerous  representations  of  ships  on  an- 
tique coins,  intaglios,  lamps,  and  bas-reliefs,  we 
here  select  two  gems,  both  of  which  show  the  velata 
antenna,  but  with  the  sail  reefed  in  the  one,  and  in 
the  other  expanded  and  swollen  with  the  wind. 


The  former  represents  Ulysses  tied  to  the  mas!, 
in  order  to  effect  his  escape  from  the  Sirens ;  il 
shows  the  cornua  at  the  extremities  of  the  yard,  and 
the  two  ceruchi  proceeding  from  thence  to  the  top  oi 
the  mast.  Besides  these  particulars,  the  other  gem 
represents  also  the  ropes  used  for  turning  the  an- 
tenna so  as  to  face  the  wind. 

ANTEPAGMEN'TA,  doorposts,  the  jambs  of  a 
door. 

The  inscription  quoted  in  the  article  Ant;e  con- 
tains also  a  direction  to  make  jambs  of  silver  fir 
{antepagmenta  aJnegnd).  Cato,5  speaking  of  the 
construction  of  a  farmhouse,  mentions  stone  lintels 
and  jambs  (jugumenta  et  oMtepagmenta  ex  lapide). 
Vitruvius6  gives  minute  instructions  respecting  the 
form  and  proportions  of  the  antepagmenta  in  the 
doors  of  temples;  and  these  are  found,  in  general,  to 
correspond  with  the  examples  preserved  among  the 
remains  of  Grecian  architecture."'  The  common 
term  for  a  doorpost  is  postis. 

ANTESIGNA'NI  appear  to  have  been  a  bodv 
of  troops,  selected  for  the  defence  of  the  standard 
(signwn),  before  which  they  were  stationed.8 

ANTESTA'RI.     (Vid.  Actio,  p.  18.) 

♦ANTH'EMIS  (avdefde),  a  species  of  plant.  ( Vid. 
Chamaimelon.) 

*ANTH/EMUM(avfejuov,  -oe,  or  -tov),  a  species  of 
plant,  about  which  some  uncertainty  prevails.  Ad- 
ams is  in  favour  of  its  being  the  genus  Matricaria, 
or  Wild  Chamomile.  Sprengel,  however,  refers  the 
several  species  of  this  plant  noticed  by  Theophras- 
tus  to  the  Anthemis  Cotta.  Stackhouse  also  is  very 
unsatisfactory  in  his  views  on  this  subject.9 

*ANTHERTCUS  (avdtpiKoc),  a  plant.  Sprengel, 
in  the  first  edition  of  his  R.  H.  H.,  compares  the 
Anthericus  Gracus  with  it,  but  in  his  second  th*> 
Asphodeh.s  fistulosus.  Thiebault  makes  it  to  be  the 
Ornithogalum  Pyrena'icum,  and  Stackhouse  the  Aspho- 


1.  (JEn.,  iii.,  549.)— 2.  (JEn.,  v.,  829,  seqq.)— 3.  (Ovid,  Met. 
xi.,  483.)— 4.  (Hirt.,  De  Bell.  Alex.,  45.)— 5.  (De  Re  Rust., 
xiv.)— 6.  (iv.,  6.)— 7.  (Vid.  Hirt,  Baukunst  nach  den  Grand 
satzen  der  Alten,  xvi.)— 8.  (Liv..  iv.,  37.— Cxs.,  Bell.  Civ.,  iii, 
75,  84.)— 9.  (Theophrast.,  H  P.,  i.,22;  vii.,  9-14.— Adam,  Ap- 
pend., s.  v.) 


ANTIDOSIS. 


ANTIDOSIS. 


debts  Miens.  In  a  word,  all  is  mere  conjecture  with 
regaid  to  it,  the  description  of  it  by  Theophrastus 
heing  so  imperfect.1 

ANTHESPHOR'IA  ('Avdeadopia),  a  flower-festi- 
val, principally  celebrated  in  Sicily  in  honour  of 
IOmeter  and  Persephone,  in  commemoration  of  the 
*>itirn  of  Persephone  to  her  mother  in  the  beginning 
ot  spring.  It  consisted  in  gathering  flowers  and 
"*ining  garlands,  because  Persephone  had  been  car- 
ied  off  by  Pluto  while  engaged  in  this  occupation.2 
Strabo3  relates  that  at  Hipponium  the  women  cele- 
brated a  similar  festival  in  honour  of  Demeter,  which 
was  probably  called  anthesphoria,  since  it  was  de- 
rived from  Sicily.  The  women  themselves  gather- 
ed the  flowers  for  the  garlands  which  they  wore  on 
the  occasion,  and  it  would  have  been  a  disgrace  to 
buy  the  flowers  for  that  purpose.  Anthesphoria 
were  also  solemnized  in  honour  of  other  deities, 
especially  in  honour  of  Juno,  surnamed  'AvOeia,  at 
Argos,4  where  maidens,  carrying  baskets  filled  with 
flowers,  went  in  procession,  while  a  tune  called 
cepuKLov  was  played  on  the  flute.  Aphrodite,  too, 
was  worshipped  at  Cnossus,  under  the  name  'Av- 
Oeia,5  and  has  therefore  been  compared  with  Flora, 
the  Roman  deity,  as  the  anthesphoria  have  been 
with  the  Roman  festival  of  the  jiorifer turn. 

AJNTHESTE'RIA.    (Vid.  Dionysia.) 

ANTHESTE'RION.     (  Vid.  Calendar,  Greek.) 

*ANTH'IAS  (avdiag ),  a  species  of  fish,  the  same 
with  the  Labms  antkias,  L.,  or  Serranus  anthias  of 
Cuvier.  Its  French  name  is  Barbier.  The  an- 
cients describe  several  species  of  this  fish,  one  of 
which  is  the  kuXKixQvq}  Cuvier  describes  this  as 
a  most  beautiful  fish,  of  a  fine  ruby  red,  changing  to 
gold  and  silver,  with  yellow  bands  on  the  cheek.7 

♦ANTHOS,  a  bird,  which,  according  to  Pliny, 
feeds  on  flowers,  and  imitates  the  neighing  of  a 
horse!8  Belon  would  have  it  to  be  the  Emberizza 
citrinclla,  or  Yellow  Bunting,  called  in  England  the 
Yellow  Hammer,  and  in  France  Bruant.  This 
opinion,  however,  is  somewhat  doubtful,  since  Aris- 
totle describes  the  Anthos  as  frequenting  rivers, 
whereas  the  Yellow  Hammer  delights  in  trees.9 

*  ANTHRAX  (avdpafi,  the  Carbuncle.  (Vid. 
Carbunculus.) 

♦ANTHRAK'ION,  a  species  of  carbuncle, 
found,  according  to  Theophrastus,  in  the  island  of 
Chios.  Beckmann10  thinks  that  Theophrastus11 
means  the  well-known  black  marble  of  that  island, 
which,  from  its  resemblance  to  an  extinguished  coal, 
was  designated  uvdpuKiov  (from  avOpatj,  "  a  coal"), 
just  as  the  ruby  took  its  name  from  one  burning. 
He  supposes,  moreover,  that  of  this  marble  were 
made  the  mirrors  mentioned  by  Theophrastus ;  and 
mat  Pliny  misinterprets  him  in  stating  that  they 
A'ere  of  the  uvBpaKiov  of  Orchomenus.18 

♦ANTHRE'NE  (uvdprjvr]),  the  Hornet,  or  Vespa 
Crabro,  L.     Its  nest  is  called  avdprjvtov  by  Suidas. 

♦ANTHYLL'IS  (avdvllig),  a  species  of  plant. 
Sprengel  agrees  with  Prosper  Alpinus,  that  the  first 
species  of  Dioscorides  is  the  Crcssa  Cretica;  and 
with  Clusius,  that  the  second  is  the  Ajuga  Iva.  Lin- 
naeus would  seem  to  countenance  this  opinion  in  re- 
gard to  the  first  species,  by  giving  it  the  name  of 
Ctessa  Anthyllis  in  nis  Gen.  Plant.13 

ANTHY'POMOS'IA.     (Vid.  Hypomosia.) 

ANTID'OSIS  (avTidooic),  in  its  literal  and  gen- 
eral meaning,  "  an  exchange,"  was,  in  the  language 
of  the  Attic  courts,  peculiarly  applied  to  proceed- 
ings under  a  law  which  is  said  to  have  originated 

1.  (Theophrast.,  H.  P.,  i.,  4  ;  viii.,  13. — Adams,  Append.,  s.  v.) 
-2.  (Pollux,  Or.om.,  i.,  1,  37.)— 3.  (vi.,  p.  256.)— 4.  (Paus.,  ii., 
22,  ()  1.) — 5.  (Hesych.,  s.  v.) — 6.  (Athenaeus,  vii.,  16. — Aristot., 
H.  A.,  vi.,  17  ;  ix.,  2  et  37. — ^Ehan,  N.  A.,  i.,  4  ;  viii.,  28  ;  xii., 
47.— Plin.,H.  N.,ix.,  58.)— 7.  (Adams,  Append.,  s.  v.)— 8.  (Plin., 
H.  N.,  x.,  42.) — 9.  (Aristot.,  II.  A.,  ix.,  5. — Adams,  Append.,  s. 
v.)— 10.  (Hist,  of  Inv.,  vol.  iii.,  p.  178.)— 11.  (Lith.,  c.  61.)— 12. 
(Moore's  Anc.  Mineral.,  p.  79.)— 13.  (Dioscor.,  iii.;  143.— Adams, 
Append.  «.  v.) 


with  Solon.1  By  this,  a  citizen  nominated  to  per. 
form  a  leiturgia,  such  as  a  trierarchy  or  choregia,  oi 
to  rank  among  the  property-tax  payers  in  a  class 
disproportioned  to  his  means,  was  empowered  to 
call  upon  any  qualified  person  not  so  charged  tft 
take  the  office  in  his  stead,  or  submit  to  a  complete 
exchange  of  property;  the  charge  in  question,  ot 
course,  attaching  to  the  first  party,  if  the  exchange 
were  finally  effected.8  For  these  proceedings  tb* 
courts  were  opened  at  a  stated  time  every  year  by 
the  magistrates  that  had  official  cognizance  of  the 
particular  subject,  such  as  the  strategi  in  cases  of 
trierarchy  and  rating  to  the  property-taxes,  and  the 
archon  in  those  of  choregia ;  and  to  the  tribunal  of 
such  an  officer  it  was  the  first  step  of  the  challenger 
to  summon  his  opponent.3  It  may  be  presumed 
that  he  then  formally  repeated  his  proposal,  and  that 
the  other  party  stated  his  objections,  whidi,  if  obvi- 
ously sufficient  in  law,  might  perhaps  authorize  the 
magistrate  to  dismiss  the  case;  if  otherwise,  the 
legal  resistance,  and  preparations  for  bringing  the 
cause  before  the  dicasts,  would  naturally  begin  here. 
In  the  latter  case,  or  if  the  exchange  were  accepted, 
the  law  directed  the  challenger  to  repair  to  the 
houses  and  lands  of  his  antagonist,  and  secure  him- 
self, as  all  the  claims  and  liabilities  of  the  estate 
were  to  be  transferred,  from  fraudulent  encumbran- 
ces of  the  real  property,  by  observing  what  mortgage 
placards  (bpoi),  if  any,  were  fixed  upon  it,  and 
against  clandestine  removal  of  the  other  effects,  by 
sealing  up  the  chambers  that  contained  them,  and, 
if  he  pleased,  by  putting  bailiffs  in  the  mansion.4 
His  opponent  was  at  the  same  time  informed  that 
he  was  at  liberty  to  deal  in  like  manner  with  the  es- 
tate of  the  challenger,  and  received  notice  to  attend 
the  proper  tribunal  on  a  fixed  day  to  take  the  usual 
oath.  The  entries  here  described  seem,  in  contem- 
plation of  law,  to  have  been  a  complete  effectuation 
of  the  exchange,5  and  it  does  not  appear  that  pri- 
marily there  was  any  legal  necessity  for  a  farther 
ratification  by  the  dicasts ;  but,  in  practice,  this  must 
always  have  been  required  by  the  conflict  of  inter* 
ests  between  the  parties.  The  next  proceeding  was 
the  oath,  which  was  taken  by  both  parties,  and  pur- 
ported that  they  would  faithfully  discover  all  their 
property,  except  shares  held  in  the  silver  mines  at 
Laurion;  for  these  were  not  rated  to  leiturgiae  or 
property  taxes,  nor,  consequently,  liable  to  the  ex- 
change. In  pursuance  of  this  agreement,  the  law 
enjoined  that  they  should  exchange  correct  accounts 
of  their  respective  assets  (aTrotyaoEig)  within  three 
days ;  but,  in  practice,  the  time  might  be  extended  by 
the  consent  of  the  challenger.  After  this,  if  the  mat- 
ter were  still  uncompromised,  it  would  assume  the 
shape  and  follow  the  course  of  an  ordinary  lawsuit 
[Vid.  Dike),  under  the  conduct  of  the  magistrate 
within  whose  jurisdiction  it  had  originally  come. 
The  verdict  of  the  dicasts,  when  adverse  to  the 
challenged,  seems  merely  to  have  rendered  impera- 
tive the  first  demand  of  his  antagonist,  viz.,  that  he 
should  submit  to  the  exchange,  or  undertake  the 
charge  in  question ;  and  as  the  alternative  was  open 
to  the  former,  and  a  compromise  might  be  acceded 
to  by  the  latter  at  any  stage  of  the  proceedings,  we 
may  infer  that  the  exchange  was  rarely,  if  ever, 
finally  accomplished.6  The  irksomeness,  however, 
of  the  sequestration,  during  which  the  litigant  was 
precluded  from  the  use  of  his  own  property,  and  dis- 
abled from  bringing  actions  for  embezzlement  and 
the  like  against  others  (for  his  prospective  reim- 
bursement was  reckoned  a  part  of  the  sequestrate:? 
estate7),  would  invariably  cause  a  speedy — perhaps, 


1.  (Demosth.  in  Phaenipp.,  init.) — 2.  (Borkh,  Pub.  Econ.  of 
Athens,  vol.  ii.,  p.  369.) — 3.  (Demosth.  in  Phaenipp.,  p.  1010.— 
Meier,  Att.  Process,  p.  471  ;  vpooKaXtioOai  riva  eh  av-tdoaiv 
Lysias,  iiirip  tov  'Aovvdrov,  p.  745.) — 4.  (Demosth  in  Phae 
nipp.,  p.  1040,  seq.) — 5.  (Demosth.  in  Mid.,  p.  540;  i*l  Phae 
nipp.,  p.  1041,  25.)— 6.  (Bockh,  Econ.  of  Athens,  vol.  ft.,  f>  370  ) 
—7.  (Demosth.  in  Aphob.,  ii.,  p.  841  ;  in  Mid.,  p.  540.) 

63 


ANTIGRAPHE. 


ANTLIA. 


in  most  cases,  a  fair —adjustment  of  the  burdens .  |- 
:ident  to  the  condition  of  a  wealthy  Athenian. 

ANTIGR'APHE  (uvrtypa^)  originally  signified 
.he  writing  put  in  by  the  defendant,  in  all  causes, 
whether  public  or  private,  in  answer  to  the  indict- 
ment or  bill  of  the  prosecutor.  From  this  significa- 
tion it  was  applied,  by  an  easy  transition,  to  the  sub- 
stance as  well  as  the  form  of  the  reply,  both  of  which 
are  also  indicated  by  avro/uoaia,  which  means  pri- 
marily the  oath  corroborating  the  statement  of  the 
accused.  Harpocration  has  remarked  that  anti- 
grapbe  might  denote,  as  antomosia  does  in  its  more 
extended  application,  the  bill  and  affidavit  of  either 
pai  ty ;  and  this  remark  seems  to  be  justified  by  a 
passage  of  Pluto.1  Schomann,  however,  main- 
tains2 that  antigraphe  was  only  used  in  this  signi- 
fication in  the  case  of  persons  who  laid  claim  to  an 
miassigned  inheritance.  Here  neither  the  first  nor 
any  other  claimant  could  appear  in  the  character  of 
a  prosecutor ;  that  is,  no  61kti  or  eyKTir^ia  could  be 
strictly  said  to  be  directed  by  one  competitor  against 
another,  when  all  came  forward  voluntarily  to  the 
tribunal  to  defend  their  several  titles.  This  circum- 
stance Schomann  has  suggested  as  a  reason  why 
the  documents  of  each  claimant  were  denoted  by 
the  term  in  question. 

Perhaps  the  word  "plea,"  though  by  no  means  a 
coincident  term,  may  be  allowed  to  be  a  tolerably 
proximate  rendering  of  antigraphe.  Of  pleas  there 
can  be  only  two  kinds,  the  dilatory,  and  those  to  the 
action.  The  former,  in  Attic  law,  comprehends  all 
such  allegations  as,  by  asserting  the  incompetency 
of  the  court,  the  disability  of  the  plaintiff,  or  privi- 
lege of  the  defendant  and  the  like,  would  have  a 
tendency  to  show  that  the  cause  in  its  present  state 
could  not  be  brought  into  court  (fir)  elaayuyifxov 
elvat  rr)v  6Lkt]v)  :  the  latter,  everything  that  could 
be  adduced  by  way  of  denial,  excuse,  justification, 
and  defence  generally.  It  must  be,  at  the  same  time, 
i  apt  in  mind,  that  the  process  called  "  special  plead- 
£  g"  <*  as  at  Athens  supplied  by  the  magistrate  hold- 
fefi  'he  anacrisis,  at  which  both  parties  produced 
lh':ir  allegations,  with  the  evidence  to  substantiate 
liiem ;  and  that  the  object  of  this  part  of  the  pro- 
ceedings was,  under  the  directions  and  with  the  as- 
sistance of  the  magistrate,  to  prepare  and  enucleate 
the  question  for  the  dicasts.  The  following  is  an 
instance  of  the  simplest  form  of  indictment  and 
plea:  "  Apollodoras,  the  son  of  Pasion  of  Achamae, 
against  Stephanus,  son  of  Menecles  of  Acharnoe,  for 
perjury.  The  penalty  rated,  a  talent.  Stephanus 
bore  false  witness  against  me  when  he  gave  in  evi- 
dence the  matters  in  the  tablets.  Stephanus,  son 
of  Menecles  of  Achamae.  I  witnessed  truly  when 
I  gave  in  evidence  the  things  in  the  tablet."3  The 
pleadings  might  be  altered  during  the  anacrisis ; 
but,  once  consigned  to  the  echinus,  they,  as  well  as 
all  the  other  accompanying  documents,  were  pro- 
tected by  the  official  seal  from  any  change  by  the 
litigants.  On  the  day  of  trial,  and  in  the  presence 
of  the  dicasts,  the  echinus  was  opened,  and  the  plea 
was  then  read  by  the  clerk  of  the  court,  together 
with  its  antagonist  bill.  Whether  it  was  preserved 
afterward  as  a  public  record,  which  we  know  to 
have  been  the  case  with  respect  to  the  ypatyr)  in 
some  causes,4  we  are  not  informed. 

From  what  has  been  already  stated,  it  will  have 
been  observed  that  questions  requiring  a  previous 
decision  would  frequently  arise  upon  the  allega- 
tions of  the  plea,  and  that  the  plea  to  the  action  in 
particular  would  often  contain  matter  that  would 
tend  essentially  to  alter,  and,  in  some  cases,  to  re- 
Terse  the  relative  positions  of  the  parties.  In  the 
first  case,  a  trial  before  the  dicasts  would  be  granted 
by  the  magistrate  whenever  he  was  loath  to  incur 
the  responsibility  of  decision ;  in  the  second,  a  cross- 

1.  (Apolog.  Socr.,  p.  27,  c.)— 2.  (Att.  Process,  p.  465.)— 3. 
(Dcinosth.  in  Steph.,  i.,  1115.)— 4.  (Diog.  Laert.,  lii.,  c.  5,  s.  19.) 

G4 


actior.  might  be  instituted,  and  carriel  on  separate* 
ly,  tho.igh  perhaps  simultaneously  with  the  original 
suit.  Cases,  also,  would  sometimes  occur,  in  which 
the  defendant,  from  considering  the  indictment  as 
an  unwarrantable  aggression,  or,  perhaps,  one  best 
repelled  by  attack,  would  be  tempted  to  retaliate 
upon  some  delinquency  of  his  opponent,  utterly  un- 
connected with  the  cause  in  hand,  and  to  this  he 
would  be,  in  most  cases,  able  to  resort.  An  in- 
stance of  each  kind  will  be  briefly  given  by  citing 
the  common  irapaypafyr)  as  a  cause  arising  upon  a 
dilatory  plea ;  a  cross-action  for  assault  [alulae) 
upon  a  primary  action  for  the  same  j1  and  a.  dom- 
jiaoia,  or  "judicial  examination  of  the  life  or  mor- 
als" of  an  orator  upon  an  impeachment  for  miscon- 
duct in  an  embassy  (napaTTpeadeia)*  All  causes  of 
this  secondary  nature  (and  there  was  hardly  one  of 
any  kind  cognizable  by  the  Attic  courts  that  might 
not  occasionally  rank  among  them)  were,  when 
viewed  in  their  relation  with  the  primary  action, 
comprehended  by  the  enlarged  signification  of  anti- 
graphe ;  cr,  in  other  words,  this  term,  inexpressive 
of  form  or  substance,  is  indicative  of  a  repellant  or 
retaliative  quality,  that  might  be  incidental  to  a 
great  variety  of  causes.  The  distinction,  however, 
that  is  implied  by  antigraphe  was  not  merely  verbal 
and  unsubstantial ;  for  we  are  told,  in  order  to  pre- 
vent frivolous  suits  on  the  one  hand,  and  unfair  elu- 
sion upon  the  other,  the  loser  in  a  paragraphe,  or 
cross-action  upon  a  private  suit,  was  condemned 
by  a  special  law  to  pay  the  k-rruBella  (vid.  Epobe 
lia),  ratable  upon  the  valuation  of  the  main  cause, 
if  he  failed  to  obtain  the  votes  of  one  fifth  of 
the  jury,  and  certain  court  fees  (irpwavela]  not  ori- 
ginally incident  to  the  suit.  That  there  was  a  sim- 
ilar provision  in  public  causes  we  may  presume 
from  analogy,  though  we  have  no  authority  to  deter- 
mine the  matter.3 

ANTIGRAPHEIS  (avTiypafelg)  were  public 
clerks  at  Athens,  of  whom  there  were  two  kinds 
The  first  belonged  to  the  fiovlrj  :  his  duty  was  U 
give  an  account  to  the  people  of  all  the  moneys  paid 
to  the  state.  ("Og  lead'  zkugttiv  Trpvravelav  a7re?*o- 
ylC,ero  rag  irpoaodovg  rC)  drjfiv*)  In  the  time  of 
iEschines,  the  uvnypafevg  rrjg  ftov"kr)g  was  xeiP°- 
Tovrjrog  ;5  but  in  later  times  he  was  chosen  by  lot.6 
The  second  belonged  to  the  people,  and  his  duty 
was  to  check  the  accounts  of  the  public  officers, 
such  as  the  treasurers  of  the  sacred  moneys,  of  the 
war  taxes,  &c.  (AittoI  de  rjoav  avriypatyetg,  6  /uev 
rr)g  dioiiirjcEug,  6  de  rrjg  (Sov'Arjg.1) 

ANTINOEFA  ('Avnvoeia),  annual  festivals  and 
quinquennial  games,  which  the  Roman  emperor 
Hadrian  instituted  in  honour  of  his  favourite  Anti- 
nous,  after  he  was  drowned  in  the  Nile,  or,  according 
to  others,  had  sacrificed  himself  for  his  sovereign, 
in  a  fit  of  religious  fanaticism.  The  festivals  were 
celebrated  in  Bithynia  and  at  Mantinea,  in  which 
places  he  was  worshipped  as  a  god.8 

♦ANTIP'ATHES,  the  sort  of  Coral  called  An- 
tipathes  faeniculaceum,  Pall.9 

ANTIPHER'NA.    (Vid.  Dos.) 

ANTIGIUA'RII.     (Vid.  Librarii.) 

*ANTIRRH'INON  (avripptvov  or  avTippi&v),  a 
plant,  which  Sprengel  makes  the  same  with  the 
Antirrhinum  Orontium.  Hardouin  calls  it  by  tbs 
French  name  oiMujle  de  vean,  or  Calf's  Snout,  bi.t 
Stephens  and  Matthiolus  by  that  of  Mouron  viohi. 
Its  ordinary  name  in  English  is  Snapdragon}* 

ANT'LIA  (avrAia),  any  machine  for  raising  wa- 
ter; a  pump. 


1.  (Demosth.  in  Ev.  et  Mnesib.,  p.  1153.)— 2.  (jEsch.  m 
Timarch.)— 3.  (Meier,  Att.  Process,  p.  652.)— 4.  (^Esch.  adv 
Ctes.,  c.  11,  p.  375.)— 5.  (^Esch.,  1.  c.)— 6.  (Pollux,  Onom.,TUiM 
8  t)  12.)— 7.  (Harpocrat.,  s.  v.)— 8.  (Ml.  Spartianus,  Hadr.,  c. 
14.— Dion.,  lxix.,  10.— Paus.,  vii.,  9,  «  4.)— 9.  (Dioscor.,  v  ,  140. 
—Adams,  Append.,  s.  v.)— 10.  (Theophrast  ,  H.  P.,  ix.,  15.— Di- 
oscor., iv.,  131.— Adams,  Append.,  s.  v.) 


ANTLIA. 


ANTY3L 


The  annexed,  figure  shows  a  machine  which  is 
Btill  used  on  the  river  Eissach,  in  the  Tyrol,  the  an- 
cient A<agis.  As  the  current  puts  the  wheel  in  mo- 
tion, the  jars  on  its  margin  are  successively  im- 
nersed  and  filled  witn  water.  When  they  reach 
the  top,  the  centrifugal  force,  conjoined  with  their 
oblique  position,  sends  the  water  sideways  into  a 
trough,  from  which  it  is  conveyed  to  a  distance,  and 
chiefly  used  for  irrigation.  Thus,  by  the  incessant 
action  of  the  current  itself,  a  portion  of  it  is  every 
instant  rising  to  an  elevation  nearly  equal  to  the  di- 
ameter of  the  wheel. 


Lucie dus1  mentions  a  machine  constructed  on 
this  principle :  "  Utfluvios  versare  rotas  alque  hmislra 
ridemus"  The  line  is  quoted  by  Nonius  Marcel- 
lus,a  who  observes  that  the  jars  or  pots  of  such 
wheels  (rotarum  cadi)  are  properly  called  "haustra 
ab  hauriendo,"  as  in  Greek  they  are  called  avr?ua. 

In  situations  where  the  water  was  at  rest,  as  in  a 
pond  or  a  well,  or  where  the  current  was  too  slow 
and  feeble  to  put  the  machine  in  motion,  it  was  so 
constructed  as  to  be  wrought  by  animal  force,  and 
slaves  or  criminals  were  commonly  employed  for 
rhe  purpose.  Five  such  machines  are  described  by 
Vitruvius,  in  addition  to  that  which  has  been  al- 
ready explained,  and  which,  as  he  observes,  was 
turned  sine  operarum  calcatura,  ipsius  fluminis  impulsu. 
These  five  were :  1.  the  tympanum;  a  tread- wheel, 
wrought  hominibus  calcantibus:  2.  a  wheel  resem- 
bling that  in  the  preceding  figure,  but  having,  in- 
stead of  pots,  wooden  boxes  or  buckets  (modioli 
quadrati),  so  arranged  as  to  form  steps  for  those  who 
trod  the  wheel:  3.  the  chain-pump:  4.  the  cochlea, 
or  Archimedes's  screw ;  and,  5.  the  ctesibica  machina, 
or  forcing-pump.3 

Suetonius*  mentions  the  case  of  a  man  of  eques- 
trian rank  condemned  to  the  antlia.  The  nature 
of  the  punishment  may  be  conceived  from  the  words 
of  Artemidorus.9  He  knew  a  person  who  dreamed 
that  he  was  constantly  walking,  though  his  body  did 
not  move;  and  another  who  dreamed  that  water 
was  flowing  from  his  feet.  It  was  the  lot  of  each  to 
be  condemned  to  the  antlia  (etc  avrXiav  KaradtKaa- 
Bj/vai),  and  thus  to  fulfil  his  dream. 

On  the  other  hand,  the  antlia  with  which  Martial* 
watered  his  garden  was  probably  the  pole  and 
bucket  universally  employed  in  Italy,  Greece,  and 
Egypt.  The  pole  is  curved,  as  shown  in  the  an- 
nexed figure ;  because  it  is  the  stem  of  a  fir,  or  some 
other  tapering  tree.    The  bucket,  being  attached  to 

1.  (v.,  317.)— 2.  (lib.  i.)— 3.  (Vitrav.,  x.,  c.  4-7.— Drieberir, 
Pneum.  Erfindungen  der  Griechen,  p.  44-50.) — 4.  (Tiber.,  51.) 
—5.  (Oneirocritica,  i.,  50.)— 6    fix.,  19.) 


the  top  of  the  tree,  bends  it  by  its  weight,  and  tn» 
thickness  of  the  other  extremity  serves  as  a  counter 
poise.  The  great  antiquity  of  this  method  of  raising 
water  is  proved  by  representations  of  it  in  Egyptian 
paintings.1 

ANTOMOS'IA  (avrufiooia),  a  part  of  the  avaupt 
ate,  or  preliminary  pleadings  in  an  Athenian  lawsuit. 
The  term  was  used  of  an  oath  taken  by  both  parties ; 
by  the  plaintiff,  that  his  complaint  was  well-founded, 
and  that  he  was  actuated  by  no  improper  motives ; 
and  by  the  defendant,  that  his  defence  was  true.  It 
was  also  called  dtu/iooia.  The  oath  might  contain 
either  the  direct  affirmative  or  negative,  in  which 
case  it  was  called  evdvdiicia  ;  or  amount  to  a  demur- 
rer or  Tcapaypafyfi.  The  uvTu/noola  of  the  two  par- 
ties correspond  to  our  bills  or  declarations  on  the 
one  side,  and  to  the  replies,  replications,  or  rejoin- 
ders on  the  other.     (Vid.  Antigraphe.) 

ANTYX  (clvtv^),  (probably  allied  etymologically 
to  AMPYX)  (u/httv^),  the  rim  or  border  of  anything, 
especially  of  a  shield  or  chariot. 

The  rim  of  the  large  round  shield  of  the  ancient 
Greeks  was  thinner  than  the  part  which  it  enclosed. 
Thus  the  ornamental  border  of  the  shield  of  Achilles, 
fabricated  by  Vulcan,  was  only  threefold,  the  shield 
itself  being  sevenfold.2  In  another  part  of  the  Iliad^ 
Achilles  sends  his  spear  against  ./Eneas,  and  strikes 
his  shield  uvrvy  vtto  rrpurnv,  i.  e.,  "  on  the  outer- 
most border,"  where  (it  is  added)  the  bronze  was 
thinnest,  and  the  thinnest  part  of  the  ox-hide  was 
stretched  over  it.  In  consequence  of  the  great  size 
of  this  round  shield,  the  extreme  border  (avrvi 
■xvfiarr]*)  touched  the  neck  of  the  wearer  above,  and 
the  lower  part  of  his  legs  below.  In  the  woodcut, 
in  the  article  Antefixa,  we  see  the  avrvt;  on  one 
side  of  Minerva's  shield. 

On  the  other  hand,  the  avrvZ  of  a  chariot  must 
have  been  thicker  than  the  body  to  which  it  was  at- 
tached, and  to  which  it  gave  both  form  and  strength. 
For  the  same  reason,  it  was  often  made  double,  as 
in  the  chariot  of  Juno  (Aoiai  5e  Trepidpofioi  uvTvyes 
elai5).  In  early  times,  it  consisted  of  the  twigs  or 
flexible  stem  of  a  tree  (opirvicec6),  which  were  polish- 
ed and  shaped  for  the  purpose.  Afterward,  a  splen- 
did rim  of  metal  fonned  the  summit  of  the  chariot, 
especially  when  it  belonged  to  a  person  of  wealth 
and  rank. 

In  front  of  the  chariot,  the  avrvt;  was  often  raised 
above  the  body,  into  the  form  of  a  curvature,  which 
served  the  purpose  of  a  hook  to  hang  the  reins 
upon  when  the  charioteer  had  occasion  to  leave  hi? 
vehicle.7  Hence  Euripides  says  of  Hippoiyttw, 
who  had  just  ascended  his  chariot,  MupnTei  dexepoiv 
ijvLag  ar?  avrvyoc6. 

On  Etruscan  and  Greek  vases,  we  often  see  the 
chariot  painted  with  this  appendage  to  the  rim  much 
elevated.  The  accompanying  woodcat  shows  it  in 
a  simpler  form,  and  as  it  appears  in  the  Antefixa, 
engraved  in  the  work  of  Carloni,  which  has  been 
already  quoted. 

By  Synecdoche,  uvrvi;  is  sometimes  used  for  <* 
chariot,  the  part  being  put  for  the  whole.9    It  is 


1.  (Wilkinson,  Manners  and  Cust.  of  Anc.  Eeryptv  "■•  1-4-)— 
2.  (II.,  xviii.,  479.)— 3.  (xx.,  275.)— 4.  (II.,  vi.,  118.)— 5.  (II.,  v 
728.)— 6.  (II.,  xxi.,  38.)— 7.  (II.,  v.,  262,  322.)-8.  (1178.)— • 
(Callim..  Hymn,  m  Dian.,  140.) 

G5 


APAGOGE. 


APATURIA. 


^rrrrn 


also  used  metaphorically,  as  when  it  is  applied  by 
Moschus1  to  the  horns  of  the  new  moon,  and  by 
Euripides2  to  the  frame  of  a  lyre. 

Likewise  the  orbits  of  the  sun  and  planets,  which 
were  conceived  to  be  circular,  were  called  avrvyee 
ovpavioi.  The  orbit  of  Mars  is  so  denominated  in 
the  Homeric  Hymn  to  Mars;3  and  the  zodiac,  in 
an  epigram  of  Synesius,  descriptive  of  an  astrolabe.4 
Alluding  to  this  use  of  the  term,  a  celebrated  philos- 
opher, having  been  appointed  Prefect  of  Rome  by 
the  Emperor  Julian,  and  having  thus  become  en- 
titled to  ride  in  a  chariot  with  a  silver  rim,  laments 
that  he  was  obliged  to  relinquish  an  ethereal  for  a 
silver  dvrv%} 

APAGELOI  (a-Kaye'koL),  the  name  of  those  youths 
nmong  the  Cretans  who  had  not  reached  their 
eighteenth  year,  and  therefore  did  not  belong  to  any 
dye/ir/.  (Vid.  Agele.)  As  these  youths  usually 
lived  in  their  father's  house,  they  were  called  okotioi.6 

APAGO'GE  (dirayoyrj),  a  summary  process,  al- 
lowed in  certain  cases  by  the  Athenian  law.  The 
term  denotes  not  merely  the  act  of  apprehending  a 
culprit  caught  in  ipso  facto,  but  also  the  written  in- 
formation delivered  to  the  magistrate,  urging  his 
apprehension.7  "VVe  must  carefully  distinguish  be- 
tween the  apagoge,  the  endeixis,  and  the  epkegesis. 
The  endeixis  was  an  information  against  those  who 
took  upon  themselves  some  office,  or  exercised  some 
right,  for  which  they  were  by  law  disqualified;  or 
those  whose  guilt  was  manifest,  so  that  the  punish- 
ment only,  and  not  the  fact,  was  to  be  determined. 
Pollux  says  that  the  endeixis  was  adopted  when 
the  accused  was  absent,  the  apagoge  when  he  was 
present.  Demosthenes  distinguishes  expressly  be- 
tween the  endeixis  and  the  apagoge.6  When  the  com- 
plainant took  the  accused  to  the  magistrate,  the 
process  was  called  apagoge;  when  he  led  the  magis- 
trate to  the  offender,  it  was  called  epkegesis ;  in  the 
former  case,  the  complainant  ran  the  risk  of  forfeit- 
ing 1000  drachmae  if  his  charge  was  ill-founded.9 
The  cases  in  which  the  apagoge  was  most  generally 
allowed  were  those  of  theft,  murder,  ill-usage  of 
parents,  &c.  The  punishment  in  these  cases  was 
generally  fixed  by  law ;  and  if  the  accused  con- 
fessed, or  was  proved  guilty,  the  magistrate  could 
execute  the  sentence  at  once,  without  appealing  to 
any  of  the  jury-courts ;  otherwise  it  was  necessary 
that  the  case  should  be  referred  to  a  higher  tribunal.10 
The  magistrates  who  presided  over  the  apagoge 
were  generally  the  Eleven  (ol  ydena11) ;  sometimes 
the  chief  archon,1*  or  the  thesmothetae.13  The  most 
important  passage  with  regard  to  the  apagoge1*  is 
unfortunately  corrupt  and  unintelligible.15  The  com- 

1.  (ii.,88.)— 2.  (Hippol.,1135.)— 3.  (1.  8.) — 4.  (Brunck,  Ant., 
ri,,  449.)— 5.  (Themistius,  Brunck,  Anthol.,  ii.,  404.)— 6.  (Schol. 
m  Eurip.,  Alcest.,  1009.) — 7.  (Suidas  :  ' Array ay ff  (x^vvtrig  ey- 
ypa(j>os  SiSopevrj  rw  apyovri  irepi  tov  Sclv  aTiaxSfjvai  tov  Suva.) 
—8.  (c.  Timocr.,  p.  745,  29.)— 9.  (Demosth.,  c.  Androt.,  p.  601, 
20.  "Efipwcrai,  Kai  aavria  morcvets ;  anaye'  fv  xtAtajj  of  b  tcivSv 
vog'  aaOeviarepos  el;  to7s  apxovcriv  tQrjyov'  tovto  Troir/aovaiv 
iictivoi.) — 10.  (^Esch  ,  c.  Timarch.,  c.  37. — Demosth.,  de  Fals. 
Legat.,  431,  7.) — 11.  (Demosth.,  c.  Timocr.,  730. — Lys.  adv. 
Agorat.,  c.  85.) — 12.  (JSsoh.,  c.  Timarch.,  c.  64.) — 13.  (Demosth., 
c.  Aristocr.,  630,  16.)— 14.  (Lysias,  c.  Agorat.,  (j  85,  86.)  -15. 
(Vid.  Sluiter,  Lect.  Andocid.,  p.  254,  &c.) 

66 


plainant  was  said  dndyeiv  ttjv  dnayuyriv  ;  the  magis- 
trates, when  they  allowed  it,  irapedexovro  ttjv  ana- 
yoyijv. 

*APARFNE  (a7vapLVTj),  a  species  of  plant,  the 
same  with  the  Lappa  of  the  Romans,1  and  now 
called  Cleavers,  Clivers,  or  Goose-grass.  Sprengel, 
in  the  first  edition  of  his  R.  H.  H.,  holds  it  to  be  the 
Arctium  Lappa,  or  Burdock;  a  mistake  which  he 
silently  corrects  in  his  edition  of  Dioscorides.  Ac- 
cording to  Galen,  it  is  the  ^lTuotiov  and  QihaiTepiov 
of  Hippocrates.8 

*AP'ATE  (aTruTTj),  the  name  of  a  plant  occurring 
in  Theophrastus.3  Great  diversity  of  opinion  pre- 
vails, however,  with  respect  to  the  proper  reading ; 
some  making  it  andrci?,  and  others  d<pdK7j.  Sprengel 
refers  it  to  the  Lcontodon  Taraxacum,  or  Dandelion ; 
but  Stackhouse  hesitates  between  the  Taraxacum 
and  the  Hieracium  or  HawJcweed* 

AIIATH'SEaS  tov  %ov  ypaprj.  (Vid.  AAIKIA2 
npbc  tov  firj/iov  ypa<pij.) 

APATU'RIA  (dnarovpia)  was  a  political  festival 
which  the  Athenians  had  in  common  with  all  the 
Greeks  of  the  Ionian  name,6  with  the  exception  of 
those  of  Colophon  and  Ephesus.  It  was  celebrated 
in  the  month  of  Pyanepsion,  and  lasted  for  three 
days.  The  origin  of  this  festival  is  related  in  the 
following  manner:  About  the  year  1100  B.C.,  the 
Athenians  were  carrying  on  a  war  against  the 
Boeotians,  concerning  the  district  of  Cilaenae,  or, 
according  to  others,  respecting  the  little  town  of 
CEnoe.  The  Boeotian  Xanthius  or  Xanthus  chal- 
lenged Thymoetes,  king  of  Attica,  to  single  combat ; 
and  when  he  refused,  Melanthus,  a  Messenian  exile 
of  the  house  of  the  Nelids,  offered  himself  to  fight 
for  Thymoetes,  on  condition  that,  if  victorious,  he 
should  be  the  successor  to  Thymoetes.  The  offer 
was  accepted ;  and  when  Xanthius  and  Melanthus 
began  the  engagement,  there  appeared  behind  Xan- 
thius a  man  in  the  Tpayij,  the  skin  of  a  black  she- 
goat.  Melanthus  reminded  his  adversary  that  }js 
was  violating  the  laws  of  single  combat  by  having 
a  companion,  and  while  Xanthius  looked  around, 
Melanthus  slew  the  deceived  Xanthius.  From  that 
time  the  Athenians  celebrated  two  festivals,  the 
Apaturia,  and  that  of  Dionysus  Melansegis,  who 
was  believed  to  have  been  the  man  who  appeared 
behind  Xanthius.  This  is  the  story  related  by  the 
scholiast  on  Aristophanes.6  This  tradition  has  given 
rise  to  a  false  etymology  of  the  name  dnaTovpia, 
which  was  formerly  considered  to  be  derived  from 
dnaTdv,  to  deceive.  All  modern  critics,  however,7 
agree  that  the  name  is  composed  of  d=dfia  and 
naTvpia,  which  is  perfectly  consistent  with  what 
Xenophon8  says  of  the  festival :  'Ev  olc  (dnaTovpioie) 
ol  te  TraTepec  Kal  ol  avyyevelg  t-vveici  otyiciv  avTolc. 
According  to  this  derivation,  it  is  the  festival  at 
which  the  phratriae  met,  to  discuss  and  settle  their 
own  affairs.  But,  as  every  citizen  was  a  member 
of  a  phratria,  the  festival  extended  over  the  whole 
nation,  who  assembled  according  to  phratrice.  Welck- 
er,9  on  account  of  the  prominent  part  which  Dionysus 
takes  in  the  legend  respecting  the  origin  of  the  Attic 
Apaturia,  conceives  that  it  arose  from  the  circum- 
stance that  families  belonging  to  the  Dionysian 
tribe  of  the  iEgicores  had  been  registered  among 
the  citizens. 

The  first  day  of  the  festival,  which  probably  fell 
on  the  eleventh  of  the  month  of  Pyanepsion,  was 
called  dopiria  or  dopizEia  ;10  on  which,  every  citizen 
went  in  the  evening  to  the  phratrium,  or  to  the  house 
of  some  wealthy  member  of  his  own  phratria,  and 
there  enjoyed  the  supper  prepared  for  him.11    That 

1.  (Martyn  in  Virg.,  Georg.,  i.,  153.)— 2.  (Dioscor.,  iii.,  94.— 
Theophrast.,  H.  P.,  vii.,  8. — Adams,  Append.,  s.  v.) — 3.  (H.  P., 
vii.,  8.) — 4.  (Adams,  Append.,  s.  v-) — 5.  (Herod.,  i.,  117.) — 6 
(Acharn.,  146.)— 7.  (Miiller,  Dorians,  i.,  5, 4.  — Welcker,  jEschyl 
Tril.,  p.  288.)— 8.  (Hellen.,  i.,  7,  I)  8.)— 9.  (Anhnng  z.  Trilog. 
p.  200.)— 10.  (Philyll.  inHeracl.,  in  Athen.,  iv.,  p.  171.— Hesych 
et  Suid.,  s.  v.)— 11.  (Avistoph.,  Acharn.,  146.) 


APEX. 


APHIA. 


the  cup-bearers  (oIvotztcu)  were  not  idle  on  this  oc- 
casion, may  be  seen  from  Photius.1 

The  second  day  was  called  'Avapfivcie  (avafyveiv), 
from  the  sacrifice  offered  on  this  day  to  Zeus,  sur- 
named  Qparpioc,  and  to  Athena,  and  sometimes  to 
Dion)>-sus  Melanaegis.  This  was  a  state  sacrifice, 
in  which  all  citizens  took  part.  The  day  was  chiefly 
devoted  to  the  gods,  and  to  it  must,  perhaps,  be  con- 
fined what  Harpocration2  mentions,  from  the  Atthis 
of  Istrus,  that  the  Athenians  at  the  apaturia  used  to 
dress  splendidly,  kindle  torches  on  the  altar  of 
Hephoestus,  and  sacrifice  and  sing  in  honour  of  him. 
Proclus  on  Plato,3  in  opposition  to  all  other  authori- 
ties, calls  the  first  day  of  the  Apaturia  'Avapfivcic, 
and  the  second  dopma,  which  is,  perhaps,  nothing 
more  than  a  slip  of  his  pen. 

On  the  third  day,  called  Kovpefiric  (icovpoe),  chil- 
dren born  in  that  year,  in  the  families  of  the  phra- 
triae,  or  such  as  were  not  yet  registered,  were  taken 
by  their  fathers,  or,  m  their  absence,  by  their  repre- 
sentatives (nvpLoi),  before  the  assembled  members 
of  the  phratria.  For  every  child,  a  sheep  or  goat 
was  sacrificed.  The  victim  was  called  fielov,  and 
he  who  sacrificed  it  fzecayoydc,  fieiayuyetv.  It  is 
said  that  the  victim  was  not  allowed  to  be  below,* 
or,  according  to  Pollux,5  above  a  certain  weight. 
Whenever  any  one  thought  he  had  reason  to  oppose 
the  reception  of  the  child  into  the  phratria,  he  stated 
the  case,  and,  at  the  same  time,  led  away  the  victim 
from  the  altar.6  If  the  members  of  the  phratria 
found  the  objections  to  the  reception  of  the  child  to 
be  sufficient,  the  victim  was  removed  ; '  when  no  ob- 
jections were  raised,  the  father,  or  he  who  supplied 
his  place,  was  obliged  to  establish  by  oath  that  the 
child  was  the  offspring  of  free-born  parents  and 
ciiizens  of  Athens.7  After  the  victim  was  sacri- 
ficed, the  phratores  gave  their  votes,  which  they 
took  from  the  altar  of  Jupiter  Phratrius.  When 
the  majority  voted  against  the  reception,  the  cause 
might  be  tried  before  one  of  the  courts  of  Athens; 
and  if  the  claims  of  the  child  were  found  unobjec- 
tionable, its  name,  as  well  as  that  of  the  father, 
was  entered  in  the  register  of  the  phratria,  and 
those  who  had  wished  to  effect  the  exclusion  of  the 
child  were  liable  to  be  punished.8  Then  followed 
the  distribution  of  wine  and  of  the  victim,  of  which 
every  phrator  received  his  share ;  and  poems  were 
recited  by  the  elder  boys,  and  a  prize  was  given  to 
him  who  acquitted  himself  the  best  on  the  occa- 
sion.9 On  this  day,  also,  illegitimate  children,  on 
whom  the  privileges  of  Athenian  citizens  were  to 
be  bestowed,  as  well  as  children  adopted  by  citi- 
zens, and  newly-created  citizens,  were  introduced ; 
but  the  last,  it  appears,  could  only  be  received  into 
a  phi  atria  when  they  had  previously  been  adopted 
by  a  citizen ;  and  their  children,  when  born  by  a 
mother  who  was  a  citizen,  had  a  legitimate  claim 
to  be  inscribed  in  the  phratria  of  their  grandfather, 
on  their  mother's  side.10  In  later  times,  however, 
the  difficulties  of  being  admitted  into  a  phratria 
seem  to  have  been  greatly  diminished. 

Some  writers  have  added  a  fourth  day  to  this 
festival,  under  the  name  of  emSda  ;n  but  this  is  no 
particular  day  of  the  festival,  for  emBda  signifies 
uothing  else  but  a  dav  subsequent  to  any  festival.12 

APELEUTHEROI.     (Vid.  Liberti.) 

♦APER.    (Vid.  Kapros.) 

APERTA  NAVIS.    (Vid.  Aphractus/) 

APEX,  a  cap  worn  by  the  flamines  and.  salii  at 
Rome.  The  use  of  it  was  very  ancient,  being 
reckoned  among  the  primitive  institutions  of  Numa. 

1.  (Lex.,  s.  v.  Aop-nia.)—  2.  (s.  v.  Aantrd<;.)— 3.  (Tim.,  p.  21,  b.) 
-  4.  (Harpocrat.,  Suid.,  Phot.,  s.  v.  Mclov.)— 5.  (iii.,  52.) — 6. 
(Demosth..  c.  Macart.,  p.  1054.)— 7.  (Isaeus,  de  Haered.  Ciron., 
Tt  100,  t)  IS.— Demosth.,  c.  Eubul.,  p.  1315.)— 8.  (Demosth.,  c. 
Macart.,  p.  1078.)— 9.  (Plat.,  Tim.,  p.  21,  b.)—10.  (Platner, 
Beitrt^e,  p.  168.)— 11.  (Hesych.,  s.  v.  'Ararovpia—  Simplicius 
m  Anstot.,  Phys...  iv.,  p  167,  a.)— 12.  (Vid.  Ruhnken,  ad.  Tim., 
Lej  Plat.,  p.  119.) 


"  Hinc  ancilia,  ab  hoc  apices,  capidasque  ','epe;1as.'u 

The  essentia,  part  of  the  apex,  to  which  alone  tht 
name  properly  belonged,  was  a  pointed  piece  of 
olive-wood,  the  base  of  which  was  surrounded  with 
a  lock  of  wool.  This  was  worn  on  the  top  of  the 
head,  and  was  held  there  either  by  fillets  only,  or 
as  was  more  commonly  the  case,  by  the  aid  of  a 
cap,  which  fitted  the  head,  and  was  also  fastened 
by  means  of  two  strings  or  bands  (amenta,  lora*) 
These  bands  had,  it  appears,  a  kind  of  knot  61 
button,  called  offendix  or  offendiculum.3 

The  flamines  were  forbidden  by  law  to  go  intG 
public,  or  even  into  the  open  air,  without  the  apex.1 
Sulpicius  was  deprived  of  the  priesthood  only  be- 
cause the  apex  fell  from  his  head  while  he  wa? 
sacrificing.5 

Dionysius  of  Halicarnassus  describes  the  cap  as 
being  of  a  conical  form.6  On  ancient  monuments 
we  see  it  round  as  well  as  conical.  From  its  vari- 
ous forms,  as  shown  on  bas-reliefs  and  on  coins  of 
the  Roman  emperors,  who,  as  priests,  were  entitled 
to  wear  it,  we  have  selected  six  for  the  annexed 
woodcut.  The  middle  figure  is  from  a  bas-relief, 
showing  one  of  the  salii  with  the  rod  in  his  righ' 
hand.    (Vid.  Ancile.) 


From  apex  was  formed  the  epithet  apicahis,  ap- 
plied to  the  flamen  dialis  by  Ovid.7 

*APH'ACE  (cupdnri),  a  kind  of  pulse  or  vetch. 
Fuchsius  and  Matthiolus  refer  it  to  the  Vicia  sepi- 
um;  Dalechamp  to  the  Vicia  angustifolia ;  Dodo- 
nsBUS  and  Stackhouse  to  the  Lathyrus  aphace.  To 
this  last  Sprengel  refers  it  in  the  first  edition  of  his 
R.  H.  H.,  but  in  his  edition  of  Dioscorides  he  hesi- 
tates as  to  whether  it  was  the  Vicia  Bithynica,  the 
V.  lutea,  or  the  V.  hybrida.8 

*APHAR'CE  (d(pdpKT}),  a  plant  mentioned  by 
Theophrastus,9  which  Stackhouse  suggests  may  be 
the  RJiamnus  alaterwus,  or  Evergreen  Privet.  Spren- 
gel, however,  is  in  favour  of  the  Philyrea  angusti- 
folia. Schneider  remarks,  that  some  of  the  char- 
acters given  by  Theophrastus  are  wanting  in  the 
Philyrea.10 

A$'ETOI  H'MEPAI  (uQerol  rjiiepai)  were  the 
days,  usually  festivals,  on  which  the  (lovlrj  did  not 
meet  at  Athens.11 

*APHTA  (iKpla),  a  plant  mentioned  by  Theo 
phrastus,  but  of  which  nothing  can  be  made  satis- 
factorily, in  consequence  of  the  short  notice  given 
by  him.  Stackhouse  suspects  that  it  may  be  a  false 
reading  for  dpia.  In  another  place  he  suggests 
that  it  may  be  the  Caltha  palustris,  or  Marsh  Mari- 


gold.18 


1.  (Lucilius,  Sat.  ix. — Compare  Virgil,  JEn.,  viii.,  663.) — 2. 
(Sen-,  in  Virg-.,  1  c.)— 3.  (Festus,  s.  v.  Offendices.)— 4.  (Scali- 
jrer  in  Fest.,  s.  v.  Apiculum.) — 5.  (Val.  Max.,  i.,  1.) — 6.  (Ant. 
Rom.,  ii.)— 7.  (Fast.,  iii.,  369.)— 8.  (Dioscor.,  ii.,  177.— Then- 
phrast.,  H.  P.,  viii.,  8. — Adams,  Append.,  s.  v.) — 9.  (H.  P.,  i« 
9  ;  vii.,  3,  &c.)— 10.  (Adams,  Append.,  s.  v  )— 11.  (Pollux,  viii 
95.— Demosth.,  c.  Timocr.,  c  7,  p.  708.— Xen.,  Rep.  Athen. 
iii..  2,  8.— Aristoph.,  Thesmoph  79,  80.)— 12.  (Theophrast.,  H 
P.,  vii.,  8. — Adams,  Append.,  s      ) 


APHRODISIA. 


APIUM. 


APHLASTON.  (Vid.  Aplustre.) 
A4>OPM'H2  AIKH  (a<pop[X7jg  Siktj)  was  the  action 
brought  against  a  banker  or  money-lender  (jpane- 
Ccttjg)  to  recover  funds  advanced  for  the  purpose  of 
being  employed  as  banking  capital.  Though  such 
moneys  were  also  styled  napaKaradf/Kat,  or  depos- 
ites,  to  distinguish  them  from  the  private  capital  of 
the  banker  (idta  a<j>op{j,7/),  there  is  an  essential  dif- 
ference between  the  actions  atyopfiT/g  and  napa/cara- 
6/JKTic,  as  the  latter  implied  that  the  defendant  had 
refused  to  return  a  deposite  intrusted  to  him,  not 
upon  the  condition  of  his  paying  a  stated  interest 
for  its  use,  as  in  the  former  case,  but  merely  that  it 
might  be  safe  in  his  keeping  till  the  affairs  of  the 
plaintiff  should  enable  him  to  resume  its  possession 
in  security.1  The  former  action  was  of  the  class 
irpog  TLva,  and  came  under  the  jurisdiction  of  the 
thesmothetae.  The  speech  of  Demosthenes  in  be- 
half of  Phormio  was  made  in  a  napaypatyrj  against 
an  action  of  this  kind. 

APHRACTUS  (acbpanTog  vavg),  called  also  navis 
aperta,  a  ship  which  had  no  deck,  but  was  merely 
covered  with  planks  in  the  front  and  hinder  part,  as 
is  represented  in  the  following  cut,  taken  from  a 
foin  of  Corcyra. 


The  ships  which  had  decks  were  called  nard- 
QfMKTci,  and  tecta  or  strata*  At  the  time  of  the 
Trojan  war,  the  Greek  ships  had  no  decks,3  but 
were  only  covered  over  in  the  prow  and  stern, 
which  covering  Homer  calls  the  lupia  vnog.  Thus 
Ulysses,  when  preparing  for  combat  with  Scylla, 
says,  ~Elg  iKpia  vrjog  edaivov  Upupng*  Even  in  the 
time  of  the  Persian  war,  the  Athenian  ships  ap- 
pear to  have  been  built  in  the  same  manner,  since 
Thucydides  expressly  says  that  "these  ships  were 
not  yet  entirely  decked."5 

APHRODIS'IA  ('AQpodloia)  were  festivals  cele- 
brated in  honour  of  Aphrodite  in  a  great  number  of 
towns  in  Greece,  but  particularly  in  the  island  of 
Cyprus.  Her  most  ancient  temple  was  at  Paphos, 
which  was  built  by  Aerias  or  Cinyras,  in  whose 
family  the  priestly  dignity  was  hereditary.6  No 
bloody  sacrifices  were  allowed  to  be  offered  to  her, 
but  only  pure  fire,  flowers,  and  incense  ;7  and, 
therefore,  when  Tacitus8  speaks  of  victims,  we 
must  either  suppose,  with  Ernesti,  that  they  were 
killed  merely  that  the  priests  might  inspect  their 
intestines,  or  for  the  purpose  of  affording  a  feast  to 
the  persons  present  at  the  festival.  At  all  events, 
however,  the  altar  of  the  goddess  was  not  allowed 
to  be  polluted  with  the  blood  of  the  victims,  which 
were  mostly  he-goats.  Mysteries  were  also  cele- 
brated at  Paphos  in  honour  of  Aphrodite  ;  and 
those  who  were  initiated  offered  to  the  goddess  a 
piece  of  money,  and  received  in  return  a  measure 
of  salt  and  a  phallus.     In  the  mysteries  themselves, 


1.  (Herald.,  Animadv.  in  Salm.,  182.) — 2.  (Compare  Cic, 
Att.,  v.,  11,  12,  13  ;  vi.,  8.— Liv.,  xxxi.,  22.— Hirt.,  Bell.  Alex., 
11,  13. — Cses.,  Bell.  €iv.,  i.,  56. — "  Atque  contexerant,  lit  essent 
ab  ictu  telorum  remiges  tuti,"  ii.,  4. — Polyb.,  i.,  20,  ()  15.) — 3. 
(OvSe  ra  ir\o~ia  Ka~d<ppaKTa  exovrai,  Thucyd.,  i.,  10.)— 4.  (Od., 
xii.,  229.) — 5.  (avrai  oviru)  etxov  &«  rdarig  KaracrpwixaTcu,  Thu- 
cyd., i.,  14. — Vid.  Scheffer,  de  Militia  Navali,  ii.,  c.  5,  p.  i30.) — 
6.  (Tacit..,  Hist.,  ii.,  3.— Annal.,  iii.,  62.)— 7.  (Virg.,  JEn.,  i., 
116.)  -8.  (Hist.,  ii.,  3.) 

68 


they  received  instructions  kv  ry  texvV  /xoixixy.  A 
second  or  new  Paphos  had  been  built,  according  to 
tradition,  after  the  Trojan  war,  by  the  Arcadian 
Agapenor;  and,  according  to  Strabo,1  men  and 
women  from  other  towns  of  the  island  assembled  ai 
New  Paphos,  and  went  in  solemn  procession  to 
Old  Paphos,  a  distance  of  sixty  stadia :  and  the 
name  of  the  priest  of  Aphrodite,  u-yr/Tvp*  seems  to 
have  originated  in  Ms  heading  this  procession. 
Aphrodite  was  worshipped  in  most  towns  of  Cyprus, 
and  in  other  parts  of  Greece,  such  as  Cytnera, 
Sparta,  Thebes,  Elis,  &c. ;  and  though  no  Aphro- 
disia  are  mentioned  in  these  places,  we  have  no 
reason  to  doubt  their  existence:  we  find  them  ex- 
pressly mentioned  at  Corinth  and  Athens,  where 
they  were  chiefly  celebrated  by  the  numerous  pros- 
titutes.3 Another  great  festival  of  Aphrodite  and 
Adonis,  in  Sestus,  is  mentioned  by  Musaeus.4 

♦APIASTELLUM,  the  herb  Crow-foot,  Gold 
Knap,  or  Yellow  Craw.  It  is  the  same  with  the 
Batrachium  and  Apium  rusticum.5  This  same  name 
is  also  applied  sometimes  to  the  Briony.  Humel- 
bergius,  however,  thinks  that  in  this  latter  case. 
Apiastellum  is  corrupted  from  Ophiostaphyle,  whick 
last  is  enumerated  by  Dioscorides  among  the  names 
of  the  Briony.6 

*APIASTER,  the  Bee-eater,  a  species  cf  bird. 
(Vid.  Merops.^ 

*APIASTRUM.    {Vid.  Melissophyllum.) 

*AP'ION  (airiov),  the  Pyrus  communis,  or  Pear- 
tree.7    (Vid.  Pyrus.) 

*AP/IOS  (umog),  a  species  of  Spurge,  the  Eu- 
phorbia apios.9 

*APIS  (peliooa  or  -irra\  the  Bee.  "The  natural 
history  of  the  common  hive-bee  {Apis  mellijka)  is 
so  remarkable,  that  it  need  not  excite  surprise  that 
the  ancients  were  but  imperfectly  acquainted  with 
it.  Among  the  earliest  of  the  observers  of  the  bee 
may  be  enumerated  Aristotle9  and  Virgil,10  as  also 
Aristomachus  of  Soli  in  Cilicia,  and  Philiscus  the 
Thasian.  Aristomachus,  we  are  told  by  Pliny, 
attended  solely  to  bees  for  fifty-eight  years;  and 
Philiscus,  it  is  said,  spent  the  whole  of  his  time  in 
forests,  investigating  their  habits.11  Both  these  ob- 
servers wrote  on  the  bee.  Aristotle  notices  several 
other  species  besides  the  honey-bee,  but  in  so  brief 
a  manner  that  they  cannot  be  satisfactorily  deter- 
mined." The  bee  plays  an  important  part  among 
the  religious  symbols  of  antiquity,  and  there  ap- 
pears, according  to  some  inquirers,  a  resemblance 
more  than  accidental  between  its  Latin  name  and 
that  of  the  Egyptian  Apis}* 

*AP'IUM  (aelivov),  a  well-known  plant.  Theo 
phrastus  speaks  of  several  sorts :  the  oeltvov  tjue 
pov,  which  is  generally  thought  to  be  our  common 
Parsley ;  the  ItttcogeXivov,  which  seems  to  be  what 
is  now  called  Alesanders ;  the  eleioeeXivov,  Wild 
Celery  or  Smallage ;  and  the  bpeoce'livov,  or  Mount- 
ain-parsley. Virgil  is  generally  thought  by  Apium 
to  mean  the  first  sort,  that  being  principally  culti- 
vated in  gardens.  Martyn,  however,  thinks  he 
means  the  Smallage,  which  delights  in  the  banks  of 
rivulets,  and  hence  the  language  of  the  poet,  "  viri- 
des  apio  ripce"  and  ilpotis  gauderent  rivis."  F6e 
also  makes  the  Apium  of  Virgil  the  same  with  the 
Apium  graveolens,  L.,  or  kXeioci'kivov.  Our  celery 
is  that  variety  of  the  A.  graveolens  which  is  called 
dulce  by  Miller.  The  wild  species  has  a  bitter, 
acrid  taste,  and  is  unfit  to  eat. — According  to  the 
generality  of  writers,  the  term  apium  comes  from 
apis,  because  bees  are  fond  of  this  plant.  A  much 
better  derivation,  however,  is  from  the  Celtic  apon, 


1.  (xiv.,  p.  244,  ed.  Tauchnitz.)  — 2.  (Hesych.,  s.  v.)  — 3. 
(Athenams,  xiii.,  p.  574,  579  ;  xiv.,  p.  659.) — 4.  (HeroetLeand., 
42.)— 5.  (Apul.,  de  Herb.,  c.  8.)--6.  (Diosco-  .v.,  184.— Hu- 
melberg'.  in  loc.)— 7.  (Dioscor.,  i.;  167.)— 8.  '  >»ioscor.,  iv.,  174.) 
—9.  (H.  A.,  v.,  19.)— 10.  (Geor£.,iv.)— 11.  (Win.,  H.  N.,  xi.,  0.) 
—12.  (Creuzer,  Symbol ik,  ii.,  183  ;  iii.,  354  ;  iv.,  391.  &c  > 


APLUSTRE. 


APOCYNON. 


11  vpater."  The  French  term  ache  comes  from  aches, 
in  the  same  language,  signifying  "  a  brook. ' 

APLUSTRE  (ufXaarov),  an  ornament  of  wooden 
planks,  which  constituted  the  highest  part  of  the 
poop  oi"  a  ship. 

The  position  of  the  aplustre  is  shown  in  the  rep- 
resentations of  ancient  vessels  in  the  articles  An- 
chora  and  Antenna.  The  forms  there  exhibited 
show  a  correspondence  in  the  general  appearance 
and  effect  between  the  aplustre  which  terminated 
the  stern,  and  the  a/cpoaToXiov  which  advanced  to- 
wards it,  proceeding  from  the  prow.  (Vid.  Acros- 
tolion.)  At  the  junction  of  the  aplustre  with  the 
stern,  on  which  it  was  based,  we  commonly  observe 
?n  ornament  resembling  a  circular  shield:  this  was 
called  aaiudelov  or  uc-nridiaKi]  Tt  is  seen  on  the 
t'vo  aplustria  here  represented. 


a  the  history  of  the  Argonautic  expedition,  a 
hird  is  described,  which  perches  on  the  aplustre  of 
the  ship  Argo,  and  delivers  oracular  counsel.1  Af- 
terward, the  extremities  of  this  appendage  to  the 
stern  are  smashed  by  the  collision  of  the  Symple- 
gades,  while  the  bod/  of  the  vessel  narroAvly  escapes 
on  its  passage  between  those  islands.3 

In  the  battle  at  the  ships  related  by  Homer,3  as 
they  had  their  poops  landward,  and  nearest  to  the 
Trojans,  Hector  takes  a  firm  hold  of  one  by  its  ap- 
lustre, while  he  incites  his  followers  to  bring  fire 
and  burn  them.  After  the  battle  of  Marathon, 
some  similar  incidents  are  mentioned  by  Herodo- 
tus,4 especially  the  distinguished  bravery  of  Cynae- 
giras,  brother  of  the  poet  iEschylus,  who,  having 
seized  the  aplustre  of  a  Persian  ship,  had  his  hand 
cut  off  by  a  hatchet.  In  these  cases  we  must  sup- 
pose the  aplustre  to  have  been  directed,  not  towards 
the  centre  of  the  vessel,  but  in  the  opposite  direc- 
tion. 

The  aplustre  rose  immediately  behind  the  guber- 
nator,  who  held  the  rudder  and  guided  the  ship,  and 
it  served  in  some  degree  to  protect  him  from  the 
wind  and  rain.  The  figure  introduced  in  the  arti- 
cle Anchora  shows  that  a  pole,  spear,  or  standard 
{arr^'kie,  arvlig)  was  sometimes  erected  beside  the 
aplustre,  to  which  a  fillet  or  pennon  (raivla)  was 
attached.  This  served  both  to  distinguish  and 
adorn  the  vessel,  and  also  to  shew  the  direction  of 
the  wind.  In  the  figure  of  a  ship,  sculptured  on  the 
column  of  Trajan,  we  see  a  lantern  suspended  from 
the  aplustre  so  as  to  hang  over  the  deck  below  the 
gubcrnator.  In  like  manner,  when  we  read  in  Vir- 
gil,* "  Puppibus  et  Iceti  nautce  imposuere  coronas"  we 
must  suppose  the  garlands,  dedicated  to  the  domes- 

I  (Apollon.  Rhod.,  i.  1089.)-  2.  (Apollodor.,  i.,  9,  22.— Apol- 
hn  Rhod.,  ii., 601.— Val.  Flncc.  iv.)— 3.  (II.,  xv.,  716.)— 4.  (vi., 
1(4  )— 5.  (Georj:.,  i.,  304.—  JRn  ,  iv.,  418.) 


tic  or  marine  divinities,  and  regarded  as  symbols  oi 
a  prosperous  voyage,  to  be  attached  to  the  aplus- 
tria ;  and  to  these  and  similar  decorations,  express- 
ive of  joy  and  hope,  Gregory  Nazianzen  appears 
to  allude  in  the  phrase  uvdea  npvuvric?  and  Apollo 
nius  Rhodius3  in  the  expression  uQMaroio  n6pvfi6a. 

It  is  evident  that  the  aplustre,  formed  of  compar- 
atively thin  boards,  and  presenting  a  bread  surface 
to  the  sky,  would  be  very  apt  to  be  shaken  by  violent 
and  contrary  winds.  Hence  Rutilius,  desciibing  a 
favourable  gale,  says:  " Inconcussa  vehit  tranquilly 
aplustria  flatus ;  Mollia  sccuro  vela  rudente  tremunt." 

In  consequence  of  its  conspicuous  position  and 
beautiful  form,  the  aplustre  was  often  taken  as  the 
emblem  of  maritime  affairs.  It  was  carried  off  as 
a  trophy  by  the  conqueror  in  a  naval  engagement. 
Juvenal*  mentions  it  among  the  decorations  of  a 
triumphal  arch. 

Neptune,  as  represented  on  gems  and  medals, 
sometimes  holds  the  aplustre  in  his  right  hand ;  and 


in  the  celebrated  Apotheosis  of  Homer,  now  in  the 
British  Museum,  the  female  who  personates  the 
Odyssey  exhibits  the  same  emblem  in  reference  to 
the  voyages  of  Ulysses. 

APOB'ATE  (ano  |3u777c).     (Vid.  Desultores.) 

APOKER'YXIS  (cnroK7]pv%Le)  implies  the  method 
by  which  a  father  could  at  Athens  dissolve  the  legal 
Connexion  between  himself  and  his  son.  Accord- 
ing to  the  author  of  the  declamation  on  the  subject 
('A7iOK7}pvTT6fj.£voe),  which  has  generally  been  at- 
tributed to  Lucian,  substantial  reasons  were  re- 
quired to  ensure  the  ratification  of  such  extraordi- 
nary severity.  Those  suggested  in  the  treatise  re- 
ferred to  are,  deficiency  in  filial  attention,  riotous 
living,  and  profligacy  generally.  A  subsequent  act 
of  pardon  might  annul  this  solemn  rejection ;  but 
if  it  were  not  so  avoided,  the  son  was  denied  by  his 
father  while  alive,  and  disinherited  afterward.  It 
does  not,  however,  appear  that  his  privileges  as  to 
his  tribe  or  the  state  underwent  any  alteration. 
The  court  of  the  archon  must  have  been  that  in 
which  causes  of  this  kind  were  brought  forward, 
and  the  rejection  would  be  completed  and  declared 
by  the  voice  of  the  herald.  It  is  probable  that  an 
adoptive  father  also  might  resort  to  this  remedy 
against  the  ingratitude  of  a  son.* 

APOCHEIROT'ONEIN  (aTzoXeipo-ovuv).     {Vid. 
Archairesia.) 

♦APO'CYNON  (u7t6kvvov),  a  species  of  plant, 
which  Matthiolus  informs  us  he  long  despaired  of 
discovering ;  but  that,  at  last,  he  was  presented  with 
a  specimen  of  a  plant  which  he  was  satisfied  was 
it.  He  refers  to  the  Cynanchus  erectus,  L.  Dodo- » 
n?eus  confounds  it  with  the  Periploca,  to  which,  as 
Miller  remarks,  it  bears  a  striking  resemblance. 
Stephens  describes  it  as  being  frequent  in  Burgun- 
dy, having  an  ivy  leaf,  white  flower,  and  fruit  like 
a*  bean.* 


1.  (Carm.  x.,  5.)— 2.  (1.  c.)— 3.   (x.,  135.)-4.  (Derr.osth.  ia 
Spud.,  1029.— Petit.,  Leg.  Att.,  235.)— 5.  (Diosor.,  iv.,  «  - 
Adams,  Append.,  s.  v.) 


APOGRAPHE. 


APOLLONIA. 


APODECT^E  (ciTrodeKTai)  were  public  officers 
at  Athens,  who  were  introduced  by  Cleisthenes  in 
the  place  of  the  ancient  colacretae  (KuXaKpeTat). 
They  were  ten  in  number,  one  for  each  tribe,  and 
their  duty  was  to  collect  all  the  ordinary  taxes,  and 
distribute  thera  to  the  separate  branches  of  the  ad- 
ministration which  were  entitled  to  them.  They 
had  the  power  to  decide  causes  connected  with  the 
subjects  under  their  management;  though,  if  the 
matters  in  dispute  were  of  importance,  they  were 
obliged  to  bring  them  for  decision  into  the  ordinary 
courts.1 

APOG'RAPHE  imoypafyfj)  is,  literally,  a  "  list  or 
register;"  but,  in  the  language  of  the  Attic  courts, 
the  terms  cmoypafyeiv  and  dnoypd^eadai  had  three 
separate  applications:  1.  'AnoypaQij  was  used  in 
reference  to  an  accusation  in  public  matters,  more 
particularly  when  there  were  several  defendants; 
the  denunciation,  the  bill  of  indictment,  and  enu- 
meration of  the  accused,  would  in  this  case  be  term- 
ed apographe,  and  differ  but  little,  if  at  all,  from  the 
ordinary  graphe.2  2.  It  implied  the  making  of  a 
solemn  protest  or  assertion  before  a  magistrate,  to 
the  intent  that  it  might  be  preserved  by  him  till  it 
was  required  to  be  given  in  evidence.3  3.  It  was  a 
specification  of  property,  said  to  belong  to  the  state, 
but  actually  in  the  possession  of  a  private  person ; 
which  specification  was  made  with  a  view  to  the 
confiscation  of  such  property  to  the  state.* 

The  last  case  only  requires  a  more  extended  il- 
lustration. There  would  be  two  occasions  upon 
which  it  would  occur:  first,  when  a  person  held 
public  property  without  purchase,  as  an  intruder; 
and,  secondly,  when  the  substance  of  an  individual 
was  liable  to  confiscation  in  consequence  of  a  judi- 
cial award,  as  in  the  case  of  a  declared  state  debt- 
or. If  no  opposition  were  offered,  the  diroypacprj 
would  attain  its  object,  under  the  care  of  the  ma- 
gistrate to  whose  office  it  was  brought ;  otherwise 
a  public  action  arose,  which  is  also  designated  by 
the  same  title. 

In  a  cause  of  the  first  kind,  which  is  said  in 
some  cases  to  have  also  borne  the  name  nodev 
iX£L  ta  xPVfiara  KaL  nbca  ravra  dij,  the  claimant 
against  the  state  had  merely  to  prove  his  title  to  the 
property ;  and  with  this  we  must  class  the  case  of  a 
person  that  impugned  the  diroypa^,  whereby  the 
substance  of  another  was,  or  was  proposed  to  be, 
confiscated,  on  the  ground  that  he  had  a  loan  by 
way  of  mortgage  or  other  recognised  security  upon 
a  portion  of  it:  or  that  the  part  in  question  did  not 
in  any  way  belong  to  the  state  debtor,  or  person  so 
mulcted.  This  kind  of  opposition  to  the  tnroypafij 
is  illustrated  in  the  speech  of  Demosthenes  against 
Nicostratus,  in  which  we  learn  that  Apollodorus 
had  instituted  an  anoypatyri  against  Arethusius,  for 
non-payment  of  a  penalty  incurred  in  a  former  ac- 
tion. Upon  this,  Nicostratus  attacks  the  description 
of  the  property,  and  maintains  that  three  slaves 
were  wrongly  set  down  in  it  as  belonging  to  Are- 
thusius, for  they  were,  in  fact,  his  own. 

In  the  second  case,  the  defence  could,  of  course, 
only  proceed  upon  the  alleged  illegality  of  the  for- 
mer penalty;  and  of  this  we  have  an  instance  in 
the  speech  of  Lysias  for  the  soldier.  There  Poly- 
genus  had  been  condemned  by  the  generals  to  pay  a 
fine  for  a  breach  of  discipline;  and,  as  he  did  not 
pay  it  within  the  appointed  time,  an  anoypatyfj  to 
the  amount  of  the  fine  was  directed  against  him, 
which  he  opposes,  on  the  ground  that  the  fine  was 
illegal.  The  imoypayfi  might  be  instituted  by  an 
Athenian  citizen ;  but  if  there  were  no  private  pros- 
ecutor, it  became  the  duty  of  the  demarchi  to  pro- 
ceed with  it  officially.    Sometimes,  however,  extra- 

1.  (Pollux,  Onom.,  viii.,  97. — Etymolog.  Mag. — Harpocrat. — 
Aristot.,  Pol.,  vi.,  5,  4.— Demosth.,  c.  Timocr.,  p.  750,  762  — 
jEsch.,  c.  Ctes.,  p.  375.)— 2.  (Andoc.  De  Myst.,  13.— Antiph., 
De  Cho-eut.,  783.)— 3.  (Demosth  in  Phamipp.,  1040.)— 4.  (Lys- 
ias, De  Aristoph.  Bonis., 
70 


ordinary  commissioners,  as  the  ovlXoyeic  and  &Trr 
rat,  were  appointed  for  the  purpose.  The  suits  in- 
stituted against  the  aTzoypafy-f]  belonged  to  the  ju 
risdiction  of  the  Eleven,  and,  for  a  while,  to  tha4. 
of  the  Syndici.1  The  farther  conduct  of  thes* 
causes  would,  of  course,  in  a  great  measure,  depend 
upon  the  claimant  being  or  not  being  in  possession 
of  the  proscribed  property.  In  the  first  case  the 
anoypatytov,  in  the  second  the  claimant,  would  ap- 
pear in  the  character  of  a  plaintiff.  In  a  case  like 
that  of  Nicostratus  above  cited,  the  claimant  would 
be  obliged  to  deposite  a  certain  sum,  which  he  for- 
feited  if  he  lost  his  cause  (7rapatcaTa.6o?iij)  ;  in  all. 
he  would  probably  be  obliged  to  pay  the  costs  oi 
court  fees  (npvravela)  upon  the  same  contingency. 

A  private  citizen,  who  prosecuted  an  individual', 
by  means  of  anoypafyfi,  forfeited  a  thousand  drachma? 
if  he  failed  to  obtain  the  votes  of  one  fifth  of  tht 
dicasts,  and  reimbursed  the  defendant  his  prytaneia 
upon  acquittal.  In  the  former  case,  too,  he  would 
probably  incur  a  modified  atimia,  i.  e.,  a  restriction 
from  bringing  such  actions  for  the  future. 

AnOAEI'^EftS  AI'KH  (airofatyeog  Mktj).  The 
laws  of  Athens  permitted  either  the  husband  or  tht 
wife  to  call  for  and  effect  a  separation.  If  it  ori- 
ginated with  the  wife,  she  was  said  to  leave  hei 
husband's  house  (dTroieiireiv) ;  if  otherwise,  to  be 
dismissed  from  it  (dTroTre/Lnricdai).  The  dismissa? 
of  the  wife  seems  to  have  required  little,  if  any,  for- 
mality ;  but,  as  in  one  instance  we  find  that  the  hus- 
band called  in  witnesses  to  attest  it,  we  may  infei 
that  their  presence  upon  such  an  occasion  was  cus- 
tomary, if  not  necessary.3  If,  however,  it  was  the 
wife  that  first  moved  in  the  matter,  there  were  othci 
proceedings  prescribed  by  a  law  of  Solon ;  and  the 
case  of  a  virtuous  matron  like  Hipparete,  driven,  by 
the  insulting  profligacy  of  her  husband  Alcibiades, 
to  appear  before  the  archon  sitting  in  Ins  court,  and 
there  relate  her  wrongs  and  dictate  their  enrolment, 
must  have  been  trying  in  the  extreme.  No  nvpioi 
was  permitted  to  speak  for  her  upon  this  occasion ; 
for,  until  the  separation  was  completed,  her  husband 
was  her  legal  protector,  and  her  husband  was  now 
her  opponent.8  Whether  the  divorce  was  voluntary 
or  otherwise,  the  wife  resorted  to  the  male  relative, 
with  whom  she  would  have  remained  if  she  had 
never  quitted  her  maiden  state;  and  it  then  became 
his  duty  to  receive  or  recover  from  her  late  husband 
all  the  property  that  she  had  brought  to  him  in  ac- 
knowledged dowry  upon  their  marriage.  If,  upon 
this,  both  parties  were  satisfied,  the  divorce  was 
complete  and  final ;  if  otherwise,  an  action  ditoku- 
ipeoc  or  dnoirepiTpeuc  would  be  instituted,  as  the  case 
might  be,  by  the  party  opposed  to  the  separation. 
In  this  the  wife  would  appear  by  her  representa- 
tive, as  above .  mentioned ;  but  of  the  forms  of  the 
trial  and  its  results  we  have  no  information. 

APOLLO'NIA  ('AiroXltJvia)  is  the  name  of  a  pro- 
pitiatory festival  solemnized  at  Sicyon  in  honour 
of  Apollo  and  Artemis,  of  which  Pausanias4  gives 
the  following  account:  Apollo  and  Artemis,  after 
the  destruction  of  the  Python,  had  wished  to  be  pu- 
rified at  Sicyon  (Mgialea) ;  but,  being  driven  away 
by  a  phantom  (whence,  in  aftertimes,  a  certain  spot 
in  the  town  was  called  <p66o^\  they  proceeded  to 
Carmanos  in  Crete.  Upon  this,  the  inhabitants  of 
Sicyon  were  attacked  by  a  pestilence,  and  the  seers 
ordered  them  to  appease  the  deities.  Seven  boys 
and  the  same  number  of  girls  were  ordered  to  go  to 
the  river  Sythas,  and  bathe  in  its  waters ;  then  to 
carry  the  statues  of  the  two  deities  into  the  Tem- 
ple of  Peitho,  and  thence  back  to  that  of  Apollo. 
Similar  rites,  says  Pausanias,  still  continue  to  be 
observed ;  for,  at  the  festival  of  Apollo,  the  boys  go 
to  the  river  Sythas,  and  carry  the  two  deities  into 

1.  (Upbs  to??  avvSUois  azoypiKpas  a-rroypdQwv  Lycurg-.,  quo- 
ted by  Harpocration.)— 2.  (Lysias  in.  Alcib.,  541  1.  7.)— 3.  (Pint. 
in  Ale.)— 4.  (ii.,  7,  $  7.) 


APORRHETA. 


APOTHEOSIS. 


the  Tempie  of  Peitho,  and  thence  back  to  that  of 
Apollo. 

Although  festivals  under  the  name  of  Apollonia, 
in  honour  of  Apollo,  are  mentioned  in  no  other 
place,  still  it  is  not  improbable  that  they  existed 
under  the  same  name  in  other  towns  of  Greece. 

APOMOS'IA  {anufiooia)  denoted  the  affidavit  of 
the  litigant  who  impugned  the  allegations  upon 
which  the  other  party  grounded  his  petition  for 
postponement  of  the  trial.  (Vid.  Hypomosia.)  If 
it  were  insisted  upon,  it  would  lead  to  a  decision  of 
the  question  of  delay  by  the  court  before  which  the 
petition  was  preferred.1 

AnonEM*'EC2  AIKH.  {Vid.  AII0AEr*EQ2 
AIKH.) 

;  APOPHAN'SIS  or  APOPHYSIS  {un6$avoie  or 
Qir6<f>a(n$)  was  used  in  several  significations  in  the 
Attic  courts.  I.  It  signified  the  proclamation  of 
the  decision  which  the  majority  of  the  judges  came 
to  at  the  end  of  a  trial.  This  proclamation  appears 
to  have  been  made  by  means  of  a  herald.2  II.  It 
was  used  to  signify  the  day  on  which  the  trial  took 
place.3  III.  It  was  employed  to  indicate  the  ac- 
count of  a  person's  property,  which  was  obliged  to 
be  given  when  an  uvrtdoatg  was  demanded.  (Vid. 
Antidosis.) 

APOPH'ORA  (airoQopd),  which  properly  means 
"  produce  or  profit"  of  any  kind,  was  used  at  Ath- 
ens to  signify  the  profit  which  accrued  to  masters 
from  their  slaves.*  It  thus  signified  the  sum  which 
slaves  paid  to  their  masters  when  they  laboured  on 
their  own  account,  and  the  sum  which  masters  re- 
ceived when  they  let  out  their  slaves  on  hire,  either 
for  the  mines  or  "any  other  kind  of  labour,  and  also 
the  money  which  was  paid  by  the  state  for  the  use 
of  the  slaves  who  served  in  the  fleet.5  The  term 
inro(popd  was  also  applied  to  the  money  which  was 
paid  by  the  allied  states  to  Sparta,  for  the  purpose 
of  carrying  on  the  war  against  the  Persians.  When 
Athens  acquired  the  supremacy,  these  moneys  were 
called  <j>6poi. 

APOPHORETA  (airo<p6p7]Ta)  were  presents, 
which  were  given  to  friends  at  the  end  of  an  enter- 
tainment to  take  home  with  them.  These  presents 
appear  to  have  been  usually  given  on  festival  days, 
especially  during  the  Saturnalia.6 

AIT0'<1>PAAE2  'H'MEPAI  ( faofpudes  Vfiepai) 
were  unlucky  or  unfortunate  days,  on  which  no  pub- 
lic business,  nor  any  important  affairs  of  any  kind, 
were  transacted  at  Athens.  Such  were  the  last  three 
days  but  one  of  every  month,7  and  the  twenty-fifth 
day  of  the  month  Thargelion,  on  which  the  plynte- 
ria  were  celebrated.8 

♦APORRHA'IDES  (uTroppdiSec),  a  species  of  sea- 
animal  noticed  by  Aristotle,  belonging  to  the  genus 
Murex  according  to  Rondolet  and  Gesner.  Lin- 
naeus calls  it  Cochlea  aporrha'is.9 

_  APORRHE'TA  (oTrd^ra),  literally  "  things  for- 
bidden," has  two  peculiar  but  widely  different  ac- 
ceptations in  the  Attic  dialect.  In  one  of  these  it 
implies  contraband  goods,  an  enumeration  of  which, 
at  the  different  periods  of  Athenian  history,  is  given 
by  Bockh  ;10  in  the  other  it  denotes  certain  contume- 
lious epithets,  from  the  application  of  which  both 
the  Aving  and  the  dead  were  protected  by  special 
laws.11  Among  these,  dvdpotyovoq,  narpaXoiac,  and 
(iTjTpalviac  are  certainly  to  be  reckoned  ;  and  other 
words,  as  ptyawniq,  though  not  forbidden  nominatim 


1  (Pollux,  viii.,  56.)— 2.  (fOm5rai>  ray  iprj(pou$  avaKTjpvTTUvi 
t&v  Kpirwv.  Lucian,  pro  Imagin.,  c.  29.) — 3.  (Demosth.,  c. 
Energet.,  c.  13,  p.  1153.— Lex.  Rhet.,  p.  210.)— 4.  (ano<popa 
iarl  ru  curb  Twv  (5ot)A<t>v  rols  Secrxorais  -napix^^tva  xpfmara. 
A-mmonius.)—  5.  (Demosth.,  c.  Aphob.,  i.,  c.  6,  p.  819  ;  c.  Ni- 
costr.,  c.  6,  p.  1253.— Andoc.,  De  Myster.,  c.  9,  p.  19.—  Xen., 
Rep.  Ath.,  i.,  11.)— 6.  (Suet.,  Vesp.,  19.— Cal.,  55.— Octav.,  75. 
—Martial,  xiv.,  1,7,  8.)— 7.  (Etymol.  Mag.)— 8.  (Plut.,  Alcib., 
c  34.— Lucian,  Pseudolog.,  c.  13.— Schdmarm,  De  Comit.  Ath., 
p.  50.)— 9.  (Adams,  Append.,  s.  v.)— 10.  (Pub.  Econ.  of  Athens, 
1.,  p  76.)  -I] .  (Meier.  Att.  Process,  p.  4S2.) 


by  the  law,  seem  to  have  been  equal  ij  acjonabie.* 
The  penalty  for  using  these  words  was  a  fine  of  500 
drachmas,3  recoverable  in  an  action  for  abusive  lan- 
guage. (Vid.  Kakegorias.)  It  Is  surmised  that 
this  fine  was  incurred  by  Midias  in  two  actions  on 
the  occasion  mentioned  by  Demosthenes.3 

An02TA2,IOT  AIKH  (dirooraoiov  dint)).  This  is 
the  only  private  suit  which  came,  as  far  as  ws  knew, 
under  the  exclusive  jurisdiction  of  the  polemarch* 
It  could  be  brought  against  none  but  a  freedman 
(aire?,evd£poc_),  and  the  only  prosecutor  permitted  to 
appear  was  the  citizen  to  whom  he  had  been  in- 
debted for  his  liberty,  unless  this  privilege  was 
transmitted  to  the  sons  of  such  former  master.  The 
tenour  of  the  accusation  was,  that  there  had  been  a 
default  in  duty  to  the  prosecutor ;  but  what  atten- 
tions might  be  claimed  from  the  freedman,  we  are 
not  informed.  It  is  said,  however,  that  the  great- 
est delict  of  this  kind  was  the  selection  of  a  patron 
(irpooTdrrjc)  other  than  the  former  master.  If  con- 
victed, the  defendant  was  publicly  sold ;  but  if  ac- 
quitted, the  unprosperous  connexion  ceased  forever, 
and  the  freedman  was  at  liberty  to  select  any  citizen 
for  his  patron.  The  patron  could  also  summarily 
punish  the  above-mentioned  delinquencies  of  his 
freedman  by  private  incarceration  without  any  le- 
gal award.5 

APOST'OLEIS  (dTrooToTitic)  were  ten  public  offi- 
cers at  Athens,  whose  duty  was  to  see  that  the  ships 
were  properly  equipped  and  provided  by  those  who 
were  bound  to  discharge  the  Hierarchy.  They  had 
the  power,  in  certain  cases,  of  imprisoning  the  trier- 
archs  who  neglected  to  furnish  the  ships  properly  ;• 
and  they  appear  to  have  constituted  a  board  in  con- 
junction with  the  inspectors  of  the  docks  (o'c  rwv 
veoptuv  e7nfie'A7]Tai)  for  the  prosecution  of  all  mat- 
ters relating  to  the  equipment  of  the  ships.7 

APOTHE'CA  (dTzodfjKTj)  was  a  place  in  the  uppei 
part  of  the  house,  in  which  the  Romans  frequently 
placed  the  earthen  amphorae  in  which  their  wines 
were  deposited.  This  place,  which  was  quite  dif- 
ferent from  the  cella  vinaria,  was  above  the  fuma- 
rium.,  since  it  was  thought  that  the  passage  of  the 
smoke  through  the  room  tended  greatly  to  increase 
the  flavour  of  the  wine.8 

APOTHEO'SIS  (dTTodiootc),  the  enrolment  of  a 
mortal  among  the  gods.  The  mythology  of  Greece 
contains  numerous  instances  of  the  deification  of 
mortals,  but  in  the  republican  times  of  Greece  we 
find  few  examples  of  such  deification.  The  inhab- 
itants of  Amphipolis,  however,  offered  sacrifices  to 
Brasidas  after  his  death;9  and  the  people  of  Egeste 
built  a  heroum  to  Philippus,  and  also  offered  sacri- 
fices to  him  on  account  of  his  personal  beauty.10  In 
the  Greek  kingdoms,  which  arose  in  the  East  en  the 
dismemberment  of  the  empire  of  Alexander,  it  does 
not  appear  to  have  been  uncommon  for  the  success- 
or to  the  throne  to  have  offered  divine  honours  to 
the  former  sovereign.  Such  an  apotheosis  of  Ptol- 
emy, king  of  Egypt,  is  described  by  Theocritus  in 
his  17th  Idyl." 

The  term  apotheosis,  among  the  Romans,  prop- 
erly signified  the  elevation  of  a  deceased  emperor 
to  divine  honours.  This  practice,  which  was  com- 
mon upon  the  death  of  almost  all  the  emperors,  ap- 
pears to  have  arisen  from  the  opinion,  which  was 
generally  entertained  among  the  Romans,  that  the 
souls  or  manes  of  their  ancestors  became  deities; 
and,  as  it  was  common  for  children  to  worship  the 
manes  of  their  fathers,  so  it  was  natural  for  divine 

1,  (Lysias,  c.  Theomn.,  i.,  353  ;  ii.,  377.— Vid.  Herald.,  Ani- 
mad.  in  Salmas.,  c.  13.) — 2.  (Isocr.  in  Loch.,  396.)— J.  (in  Mid., 
540,  543.— Vid.  etiam  Hudtwalcker,  de  Diaetet.,  p.  150.)— 4 
(Aristot.,  De  Ath.  Rep.,  quoted  by  Harpocrat.) — 5.  (Petit., 
Leg?.  Attic,  p.  261.)— 6.  (Demosth.,  pro  Cor.,  p.  262.)— 7.  (De- 
mosth., c.  Euerg.,  p.  1147. — Meier,  Att.  Process,  p.  112.) — 8 
(Colum.,  i.,  6,  (f  20.— Hor.,  Carm.  iii.,  8,  11  :  Sat.  ii.,  5,7.— 
HeindorfTin  loc.)— 9.  (Thucyd.,  v.,  11.)— 10.  (Ilerod.,  v.,.  48.)— 
11.  (Casaubon  in  Suet.,  Jul.,  88.) 


APOTHEOSIS. 


APPELLATIO. 


honours  to  be  publicly  paid  to  a  deceased  emperor, 
who  was  regarded  as  the  parent  of  his  country. 
This  apotheosis  of  an  emperor  was  usually  called 
consecratio;  and  the  emperor  who  received  the  hon- 
our of  an  apotheosis  was  usually  said  in  deorum  nu- 
•merum  refeni,  or  consecrari.  Romulus  is  said  to  have 
been  admitted  to  divine  honours  under  the  name  of 
duirinus.1 

None  of  the  other  Roman  kings  appears  to  have 
received  this  honour;  and  also  in  the  republican 
times  we  read  of  no  instance  of  an  apotheosis.    Ju- 
lius Caesar  was  deified  after  his  death,  and  games 
were  instituted  to  his  honour  by  Augustus.2     The 
ceremonies  observed  on  the  occasion  of  an  apothe- 
osis have  been  minutely  described  by  Herodian2 
in  the  following  passage :  "  It  is  the  custom  of  the 
Romans  to  deify  those  of  their  emperors  who  die 
leaving  successors,  and  this  rite  they  call  apotheo- 
sis.   On  this  occasion  a  semblance  of  mourning, 
combined  with  festival  and  religious  observances. 
is  visible  throughout  the  city.     The  body  of  the 
dead  they  honour  after  human  fashion,  with  a  splen- 
did funeral ;  and,  making  a  waxen  image  in  all  re- 
spects resembling  him,  they  expose  it  to  view  in  the 
vestibule  of  the  palace,  on  a  lofty  ivory  couch  of 
great  size,  spread  with  cloth  of  gold.    The  figure  is 
made  pallid,  like  a  sick  man.    During  most  of  the 
day  senators  sit  round  the  bed  on  the  left  side,  clo- 
thed in  black,  and  noble  women  on  the  right,  clo- 
thed in  plain  white  garments,  like  mourners,  wear- 
ing no  gold  or  necklaces.    These  ceremonies  con- 
tinue for  seven  days ;  and  the  physicians  severally 
approach  the  couch,  and,  looking  on  the  sick  man, 
say  that  he  grows  worse  and  worse.    And  when 
they  have  made  believe  that  he  is  dead,  the  noblest 
of  the  equestrian  and  chosen  youths  of  the  senato- 
rial orders  take  up  the  couch,  and  bear  it  along  the 
Via  Sacra,  and  expose  it  in  the  old  forum.    Plat- 
forms, like  steps,  are  built  upon  each  side,  on  one  of 
which  stands  a  chorus  of  noble  youths,  and  on  the 
opposite  a  chorus  of  women  of  high  rank,  who  sing 
hymns  and  songs  of  praise  to  the  deceased,  modu- 
lated in  a  solemn  and  mournful  strain.    Afterward 
they  bear  the  couch  through  the  city  to  the  Campus 
Martius,  in  the  broadest  part  of  which  a  square  pile 
is  constructed  entirely  of  logs  of  timber  of  the  lar- 
gest size,  in  the  shape  of  a  chamber,  filled  with  fag- 
ots, and  on  the  outside  adorned  with  hangings  in- 
ters oven  with  gold,  and  ivory  images,  and  pictures. 
UpOit  this  a  similar  but  smaller  chamber  is  built, 
with  open  doors  and  windows,  and  above  it  a  third 
and  fourth,  still  diminishing  to  the  top,  so  that  one 
might  compare  it  to  the  lighthouses  which  are  call- 
ed Phari.    In  the  second  story  they  place  a  bed, 
and  collect  all  sorts  of  aromatics  and  incense,  and 
every  sort  of  fragrant  fruit,  or  herb,  or  juice ;  for  all 
cities,  and  nations,  and  persons  of  eminence  emu- 
late each  other  in  contributing  these  last  gifts  in 
honour  of  the  emperor.    And  when  a  vast  heap  of 
aromatics  is  collected,  there  is  a  procession  of  horse- 
men and  of  chariots  around  the  pile,  with  the  dri- 
vers clothed  in  robes  of  office,  and  wearing  masks 
made  to  resemble  the  most  distinguished  Roman 
generals  and  emperors.    When  all  this  is  done,  the 
others  set  fire  to  it  on  every  side,  which  easily 
catches  hold  of  the  fagots  and  aromatics;  and  from 
the  highest  and  smallest  story,  as  from  a  pinnacle, 
an  eagle  is  let  loose,  to  mountinto  the  sky  as  the  fire 
ascends,  which  is  believed  by  the  Romans  to  carry 
the  soul  of  the  emperor  from  earth  to  heaven,  and 
from  that  time  he  is  worshipped  with  the  other  gods." 
In  conformity  with  this  account,  it  is  common  to 
see  on  medals  struck  in  honour  of  an  apotheosis  an 
a]  :ar  with  fire  on  it,  and  an  eagle,  the  bird  of  Jupi- 
ter, taking  flight  into  the  air.     The  number  of  med- 
als of  this  description  is  very  numerous.    We  can, 


from  these  medals  alone,  trace  the  names  of  sixty 
individuals  who  received  the  honours  of  an  apothe- 
osis, from  the  time  of  Julius  Caesar  to  that  of  Con- 
stantine  the  Great.  On  most  of  them  the  word 
Consecratio  occurs,  and  on  some  Greek  coins  thn 
word  A4>1EP£2C12.     The  following  woodcut  is  t» 


^ps^m*^.   -f^mM^^^rnvm^ 


ken  from  an  agate,  which  is  supposed  to  repre'vat 
the  apotheosis  of  Germanicus.1  In  his  le&  har»a  h* 
holds  the  cornucopia,  and  Victory  is  placing  l.  Lau- 
rel crown  upon  him. 

A  very  similar  representation  to  the  above  is 
found  on  the  triumphal  arch  of  Titus,  on  which  Ti- 
tus is  represented  as  being  carried  up  to  the  skies 
on  an  eagle. 

Many  other  monuments  have  come  down  to  us 
which  represent  an  apotheosis.  Of  these  the  most 
celebrated  is  the  bas-relief  in  the  Townley  gallery 
in  the  British  Museum,  which  represents  the  apothe"- 
osis  of  Homer.  It  is  clearly  of  Roman  workman- 
ship, and  is  supposed  to  have  been  executed  in  the 
time  of  the  Emperor  Claudius.  An  interesting  ac- 
count of  the  various  explanations  which  have  been 
proposed  of  this  bas-relief  is  given  in  the  Townley 
Gallery,  published  by  the  Society  for  the  Diffusion 
of  Useful  Knowledge,  vol.  ii.,  p.  119,  &c. 

There  is  a  beautiful  representation  of  the  apothe- 
osis of  Augustus  on  an  onyx-stone  in  the  royal  mu- 
seum at  Paris. 

The  wives,  and  other  female  relatives  of  the  em- 
perors, sometimes  received  the  honour  of  an  apothe- 
osis. This  was  the  case  with  Livia  Augusta,  with 
Poppaea  the  wife  of  Nero,  and  with  Faustina  the 
wife  of  Antoninus.3 

For  farther  information  on  this  subject,  see 
Mencken,  Disputaiio  de  Consecratione,  &c.;.  and 
Schcepflin,  Tractatus  de  Apotheosi,  &c,  Argent.,  1730 

APPARITO'RES,  the  general  name  for  the  pub- 
lie  servants  of  the  magistrates  at  Rome,  namely,  the 
Accensi,  Carnifex,  Coactores,  Interpretes,  Lie- 
tores,  Pr^cones,  Scribe,  Stator,  Strator,  YlA- 
tores,  of  whom  an  account  is  given  in  separate  ar- 
ticles. They  were  called  apparitores  because  they 
were  at  hand  to  execute  the  commands  of  the  ma- 
gistrates.3 Their  service  or  attendance  was  called 
apparition  The  servants  of  the  military  tribunes 
were  also  called  apparitores.  We  read  that  the 
Emperor  Severus  forbade  the  military  tribunes  to 
retain  the  apparitores,  whom  they  were  accustomed 
to  have.5 

Under  the  emperors,  the  apparitores  were  divided 
into  numerous  classes,  and  enjoyed  peculiar  privi- 
leges, of  which  an  account  is  given  in  Just.,  Cod.  12, 
tit  52—59 

APPELLATIO  (GREEK),  (fytmg  or  uvadiKia). 
Owing  to  the  constitution  of  the  Athenian  tribunals, 
each  of  which  was  generally  appropriated  to  its 


1.  (Plut.,  Rom.,  27.  28.— Liv  .  i.,  1(5..— Cic,  De  Rep.,  »„  JO,) 
*  'fSuet.,  Jn1.,Sl'.)— ?    (i'V,.,3.) 
72 


1.  (Montfaucon,  Ant.  Expl,  Suppl.,  vol.  v.,  p.  137  ' — 2  (Suet., 
Claud.,  11. — Dion.,  Ik,,  5. — Tac.,  Ann.,  xvi.,  21  -Cepitolin., 
Anton.  Philos.,  26.) — 3.  ("Quod  iis  apparebant  e?  pra>t>to  crant 
ad  obsequium."  Serv.  in  Vir^,,  JEn.,  xii.,  850  — Ci«\,  pro  Chi 
ent.,  c,  53,— Liv.,  i.,  8.) — 4,  (C.ir..,  ad  Fam.,  xin.,54,  a<l  Qn 
Fr„  i,.  1.  d  4.)— 5.  (Lamprid..  Sev..  c   52.) 


APPELLATIO. 


APPELLATIO. 


particular  subjects  of  cognizance,  and,  therefore, 
coultl  not  be  considered  as  homogeneous  with,  or 
subordinate  to,  any  other,  there  was  little  opportu- 
nity for  bringing  appeals,  properly  so  called.  It  is 
to  be  observed,  also,  that  in  general  a  cause  was 
anally  and  irrevocably  decided  by  the  verdict  of  the 
dicasts  (61ktj  avroTe/jc).  There  were,  however, 
»ome  exceptions,  in  which  appeals  and  new  trials 
might  be  resorted  to. 

A  new  trial  to  annul  the  previous  award  might 
"e  obtained,  if  the  loser  could  prove  that  it  was  not 
jwing  to  his  negligence  that  judgment  had  gone  by 
aefault,  or  that  the  dicasts  had  been  deceived  by 
false  witnesses.  (Compare  EPHM02  AIKH,  KA- 
KOTEXNIGN,  and  *ETAOMAPTYPIQN  AIKAI.) 
And  upon  the  expulsion  of  the  thirty  tyrants,  a  spe- 
cial law  annulled  all  the  judgments  that  had  been 
given  during  the  usurpation.1  The  peculiar  title  of 
the  above-mentioned  causes  was  dvddcKoc  Sikcu, 
which  was  also  applied  to  all  causes  of  which  the 
subject-matter  was  by  any  means  again  submitted 
to  the  decision  of  a  court. 

An  appeal  from  a  verdict  of  the  heliasts  was  al- 
lowed only  when  one  of  the  parties  was  a  citizen  of 
a  foreign  state,  between  which  and  Athens  an  agree- 
ment existed  as  to  the  method  of  settling  disputes 
between  individuals  of  the  respective  countries 
(dinai.  and  ovfidohwv).  If  such  a  foreigner  lost  his 
cause  at  Athens,  he  was  permitted  to  appeal  to  the 
proper  court  in  another  state,  which  (eKKhrjTog 
-n67.il;)  Bockh,  Schomann,  and  Hudtwalcker  sup- 
pose to  have  been  the  native  country  of  the  liti- 
gant. Platner,  on  the  other  hand,  arguing  from  the 
intention  of  the  regulation,  viz.,  to  protect  both  par- 
ties from  the  partiality  of  each  other's  fellow-citi- 
zens, contends  that  some  disinterested  state  would 
probably  be  selected  for  this  purpose.  The  techni- 
cal words  employed  upon  this  occasion  are  hnna- 
'Ktlv,  EKKaAEioOai,  and  rj  6kk?\ijtoc,  the  last  used  as  a 
substantive,  probably  by  the  later  writers  only,  for 
fyecic*  This,  as  well  as  the  other  cases  of  ap- 
peal, are  noticed  by  Pollux3  in  the  following  words : 
"  'Edeatg  is  when  one  transfers  a  cause  from  the 
arbitrators  (diaiTijTai),  or  archons,  or  men  of  the 
township  (drifiorat),  to  the  dicasts,  or  from  the  sen- 
ate to  the  assembly  of  the  people,  or  from  the  as- 
sembly to  a  court  (dacaaTTJpiov),  or  from  the  dicasts 
to  a  foreign  tribunal ;  and  the  cause  was  then  term- 
ed efeaifioc.  Those  suits  were  also  called  IkkX^tol 
Alkcu.  The  deposite  staked  in  appeals,  which  we 
now  call  Trapa66?\iov,  is  by  Aristotle  styled  napado- 
Xov."  The  appeals  from  the  diaitetae  are  generally 
mentioned  by  Demosthenes  ;*  and  Hudtwalcker  sup- 
poses that  they  were  allowable  in  all  cases  except 
when  the  utj  ovaa  diari  was  resorted  to.  ( Vid. 
Dike.) 

It  is  not  easy  to  determine  upon  what  occasions 
an  appeal  from  the  archons  could  be  preferred ;  for, 
after  the  time  of  Solon,  their  power  of  deciding 
causes  had  degenerated  into  the  mere  presidency  of 
a  court  (T]-yefj.ovia  dutaGrriplov),  and  the  conduct  of 
the  previous  examination  of  causes  (jiv&Kpiois).  It 
has  been  also  remarked,5  that  upon  the  plaintiff's 
Buit  being  rejected  in  this  previous  examination  as 
unfit  to  be  brought  before  a  court,  he  would  most 
probably  proceed  against  the  archon  in  the  assem- 
bly of  the  people  for  denial  of  justice,  or  would 
wait  till  the  expiration  of  his  year  of  office,  and  at- 
tack him  when  he  came  to  render  the  account  of 
his  conduct  in  the  magistracy  (evdvvai*).  An  ap- 
peal, however,  from  the  archons,  as  well  as  from 
all  othei  officers,  was  very  possible,  when  they  im- 
posed a  fine  of  their  own  authority,  and  without 
the  sar.ition  of  a  court;  and  it  might  also  take 


1.  (Demost.-u,  c.  Timocr.,  718,  8-19.)— 2.  (Harpocr.— Hudtw., 
U3  Diaetet.,  125.)— 3.  (viii.,  62,  63.)— 4.  (c.  Aphob.,  862.— c. 
Buot.,  Do  Dote,  1013,  1017,  1024.)— 5.  (Plainer,  Proc  und 
Klag.,  i  ,  243.)— 6.  (Antiph.,  Pe  Choreut.,  788.) 


place  when  the  king  archon  had  by  iii  sole  voice 
made  an  award  of  dues  and  privileges  (yepa)  con- 
tested by  two  priesthoods  or  sacerdotal  races.1 

The  appeal  from  the  demotae  would  occur  when 
a  person,  hitherto  deemed  one  of  their  members, 
had  been  declared  by  them  to  be  an  intruder,  and 
no  genuine  citizen.  If  the  appeal  were  made,  the 
demotae  appeared  by  their  advocate  as  plaintiff,  and 
the  result  was  the  restitution  of  the  franchise,  oi 
thenceforward  the  slavery  of  the  defendant. 

It  will  have  been  observed,  that  in  the  last  three 
cases,  the  appeal  was  made  from  few,  or  single,  or 
local  judges  to  the  heliasts,  who  were  considered 
the  representatives  of  the  people  or  country.  With 
respect  to  the  proceedings,  no  new  documents  seem 
to  have  been  added  to  the  contents  of  the  echinus 
upon  an  appeal;  but  the  anacrisis  would  be  con- 
fined merely  to  an  examination,  as  far  as  was  ne- 
cessary, to  those  documents  which  had  been  already 
put  in  by  the  litigants. 

There  is  some  obscurity  respecting  the  two  next 
kinds  of  appeal  that  are  noticed  by  Pollux.  It  is 
conjectured  by  Schomann2  that  the  appeal  from  the 
senate  to  the  people  refers  to  cases  which  the  for- 
mer were,  for  various  reasons,  disinclined  to  decide, 
and  by  Platner,3  that  it  occurred  when  the  senate 
was  accused  of  having  exceeded  its  powers. 

Upon  the  appeal  from  the  assembly  to  court,  there 
is  also  a  difference  of  opinion  between  the  two  last, 
mentioned  critics,  Schomann*  maintaining  that  the 
words  of  Pollux  are  to  be  applied  to  a  voluntary 
reference  of  a  cause  by  the  assembly  to  the  dicasts, 
and  Platner  suggesting  the  possible  case  of  one  that 
incurred  a  praejudicium  of  the  assembly  against 
him  (7rpo6o2,7J,  Karaxzi-poTovia),  calling  upon  a  court 
(diKacTfjpiov)  to  give  him  the  opportunity  of  vindica- 
ting himself  from  a  charge  that  his  antagonist  de- 
clined to  follow  up.  Platner  also  supposes  the  case 
of  a  magistrate  summarily  deposed  by  the  assem- 
bly, and  demanding  to  prove  his  innocence  before 
tlip  Jiplifists 

APPELLA'TIO  (ROMAN).  This  word,  and 
the  corresponding  verb  appellate,  are  used  in  the 
early  Roman  writers  to  express  the  application  of 
an  individual  to  a  magistrate,  and  particularly  to  a 
tribune,  in  order  to  protect  himself  from  some  wrong 
inflicted,  or  threatened  to  be  inflicted.  It  is  distin- 
guished from  provocation  which  in  the  early  writers 
is  used  to  signify  an  appeal  to  the  populus  in  a 
matter  affecting  life.  It  would  seem  that  the  provo- 
catio  was  an  ancient  right  of  the  Roman  citizens. 
The  surviving  Horatius,  who  murdered  his  sister, 
appealed  from  the  duumviri  to  the  populus.5  The 
decemviri  took  away  the  provocatio ;  but  it  was  re- 
stored by  a  lex  consularis  provocatione,  and  it  was 
at  the  same  time  enacted  that  in  future  no  magis- 
trate should  be  made  from  whom  there  should  be 
no  appeal.  On  this  Livy6  remarks,  that  the  plebes 
were  now  protected  by  the  provocatio  and  the  trilu- 
nicium  auxilium;  this  latter  term  has  reference  to 
the  appellatio,  properly  so  called.  Appius7  applied 
(appellavit)  to  the  tribunes  ;  and  when  this  produced 
no  effect,  and  he  was  arrested  by  a  viator,  he  ap- 
pealed (pro*;ocavit).  Cicero8  appears  to  allude  tc 
the  re-establishment  of  the  provocatio,  which  is 
mentioned  by  Livy.9  The  complete  phrase  tc  ex- 
press the  provocatio  is  vrovocare  ad  populum;  and 
the  phrase  which  expresses  the  appellatio  is  appeh 
lare  ad,  &c.  It  appears  that  a  person  might  dppcl 
tare  from  one  magistrate  to  another  of  equal  rank; 
and,  of  course,  from  an  inferior  to  a  superior  ma- 
gistrate, and  from  one  tribune  to  another. 

When  the  supreme  power  became  vested  in  the 
emperors,  the  terms  provocatio  and  appellatio  losl 
their  original  signification.     In  the  Digest,10  provo- 


1.  (Lex.  Rhet.,  219,  19.)— 2.  (Att.  Process,  771.)— 3.  (i.,  427. 
—  4.  (AU.  Process,  771.)— 5.  (Liv.,  i.,  26.)— 6.  (iii.,  55.)— 7 
(Liv.,  iii.,  56.)— 8.  (Do  Omt.,  ii.,  48.)— 9.  iiri.,  55.)— 10.  (48 
tit.  1,  De  Appellationibus.) 

73 


AQ.TJM  DUCTUS. 


AaUiE  DUCTUS. 


cat  to  and  appellatio  are  used  indiscriminately,  to 
express  what  we  call  an  appeal  in  civil  matters ; 
but  provocatio  seems  so  far  to  have  retained  its  ori- 
ginal meaning-  as  to  be  the  only  term  used  for  an 
appeal  in  criminal  matters.  The  emperor  centred 
in  himself  both  the  power  of  the  populus  and  the 
veto  of  the  tribunes ;  but  the  appeal  to  him  was 
properly  in  the  last  resort.  Appellatio  among  the 
Reman  jurists,  then,  signifies  an  application  for  re- 
dress from  the  decision  of  an  inferior  to  a  superior, 
on  the  ground  of  wrong  decision,  or  other  sufficient 
ground.  According  tc  Ulpian,1  appeals  were  com- 
mon among  the  Romans,  "  on  account  of  the  injus- 
tice or  ignorance  of  these  who  had  to  decide  (judi- 
cantes),  though  sometimes  an  appeal  alters  a  proper 
decision,  as  it  is  not  a  necessary  consequence  that 
he  who  gives  the  last  gives  also  the  best  decision." 
This  remark  must  be  taken  in  connexion  with  the 
Roman  system  of  procedure,  by  which  such  matters 
were  referred  to  a  judex  for  his  decision,  after  the 
pleadings  had  brought  the  matter  in  dispute  to  an 
issue.  From  the  emperor  himself  there  was,  of 
course,  no  appeal ;  and,  by  a  constitution  of  Hadri- 
an, there  was  no  appeal  from  the  senate  to  the  em- 
peror. The  emperor,  in  appointing  a  judex,  might 
exclude  all  appeal,  and  make  the  decision  of  the 
judex  final.  The  appeal,  or  libellus  appellatorius, 
showed  who  was  the  appellant,  against  whom  the 
appeal  was,  and  what  was  the  judgment  appealed 
from. 

Appellatio  also  means  to  summon  a  party  before 
a  judex,  or  to  call  upon  him  to  perform  something 
that  he  has  undertaken  to  do.*    The  debtor  who 
was  summoned  (appellatus)  by  his  creditor,  and 
obeyed  the  summons,  was  said  respondere. 
APPLICATIONS  JUS.    (Vid.  Banishment.) 
APPULEIA  LEX.    (Vid.  Majestas.) 
APRFLIS.     (Vid.  Calendar,  Roman.) 
ALTPOSTAS'IOr  rPA$H  (airpoaraaiov  ypacpr/),  an 
action  brought  against  those  metceci,  or  resident 
aliens,  who  had  neglected  to  provide  themselves 
with  a  patron  (npooTarric),  or  exercised  the  rights 
of  full  citizens,  or  did  not  pay  the  fieroUiov,  a  tax 
of  twelve  drachma?  exacted  from  resident  aliens. 
Persons  convicted  under  this  indictment  forfeited 
the  protection  of  the  state,  and  were  sold  as  slaves.3 
*APUS  (uirovg),  a  species  of  bird,  called  also 
KvipelXoe*    It  is  thought  to  have  been  the  same 
with  the  Swift,  or  Hirundo  apus,  L.    Pennant,  how- 
ever, contends  that  the  Cypsellus  of  Aristotle  and 
Pliny  was  the  Procellaria  pelagica,  or  Stormy  Petrel.6 
AQXTiE  DUCTUS  usually  signifies  an  artificial 
channel  or  water-course,  by  which  a  supply  of  wa- 
ter is  brought  from  a  considerable  distance  upon 
an  inclined  plane  raised  on  arches,  and  carried 
across  valleys  and  uneven  country,  and  occasion- 
ally under  ground,  where  hills  or  rocks  intervene. 

As  nearly  all  the  ancient  aquaeducts  now  remain- 
ing are  of  Roman  construction,  it  has  been  generally 
imagined  that  works  01  tnis  description  were  entire- 
ly unknown  to  the  Greeks.  This,  however,  is  an 
error,  since  some  are  mentioned  by  Pausanias  and 
others,  though  too  briefly  to  enable  us  to  judge  of 
their  particular  construction ;  whether  they  consist- 
ed chiefly  of  subterraneous  channels  bored  through 
hills,  or,  if  not,  by  what  means  they  were  carried 
across  valleys,  since  the  use  of  the  arch,  which  is 
said  to  have  been  unknown  to  the  Greeks,  was  in- 
dispensable for  such  a  purpose.  Probably  those 
which  have  been  recorded — such  as  that  built  by 
Pisistratus  at  Athens,  that  at  Megara,  and  the  cele- 
brated one  of  Polycrates  at  Samos8 — were  rather 
conduits  than  ranges  of  building  like  the  Roman 
ones.  Of  the  latter,  few  were  constructed  in  the 
times  of  the  Republic.    We  are  informed  by  Fron- 

1.  (Dig.  49,  tit.  1.)— 2.  (Cic,  ad  Att.,  i.,  8.)— 3.  (Phot.,  p. 
478,  Pors.— Bekker,  Anecdot.  Gr.,  p.  201,  434,  440.)— 4.  (Aris- 
:ot.,  II.  A.,  ix  21.)— 5.  (British  Zoology,  p.  554.)— 6.  (Herod., 
iii .  60.) 

ft 


tinus  that  h  «  as  not  until  about  B.C.  313  that  any 
were  erecte: ,  the  inhabitants  supplying  themselves 
up  to  that  time  with  water  from  the  Tiber,  or  ma- 
king use  of  cisterns  and  springs.  The  first  aquav 
duct  was  begun  by  Appius  Claudius  the  Censor, 
and  was  named,  after  him,  the  Aqua  Appia}  In  this 
aquaeduct  the  water  was  conveyed  from  the  distance 
of  between  seven  and  eight  miles  from  the  city,  al- 
most entirely  under  ground,  since,  out  of  11,190 
passus,  its  entire  extent,  the  water  was  above  ground 
only  60  passus  before  it  reached  the  Porta  Capena, 
and  then  was  only  partly  carried  on  arches.  Re- 
mains of  this  work  no  longer  exist. 

Forty  years  afterward  (B.C.  273)  a  second  aquae- 
duct  was  begun  by  M.  Curius  Dentatus,  by  which 
the  water  was  brought  from  the  river  Anio,  20  miles 
above  Tibur  (now  Tivoli),  making  an  extent  cf 
43,000  passus,  of  which  only  702  were  above  ground 
and  upon  arches.  This  was  the  one  afterward 
known  by  the  name  of  Anio  Vetus,  in  order  to  dis- 
tinguish it  from  another  aquaeduct  brought  from  the 
same  river,  and  therefore  called  Anio  Novus.  Of 
the  Anio  Vetus  considerable  remains  may  yet  be 
traced,  both  in  the  neighbourhood  of  Tivoli  and  in 
the  vicinity  of  the  present  Porta  Maggiore  at  Rome. 
It  was  constructed  of  blocks  of  Peperino  stone,  and 
the  water-course  was  lined  with  a  thick  coating  of 
cement. 

In  B.C.  179,  the  censors  M.  iEmilius  Lepidus  and 
M.  Flaccus  Nobilior  proposed  that  another  aquas- 
duct  should  be  built ;  but  the  scheme  was  defeated, 
in  consequence  of  Licinius  Crassus  refusing  to  let 
it  be  carried  through  his  lands.2  A  more  abundant 
supply  of  water  being  found  indispensable,  particu- 
larly as  that  furnished  by  the  Anio  Vetus  was  of 
such  bad  quality  as  to  be  almost  unfit  for  drinking, 
the  senate  commissioned  Gluintus  Marcius  Rex,  the 
prastor,  who  had  superintended  the  repairs  of  the 
two  aquaeducts  already  built,  to  undertake  a  third, 
which  was  called,  after  him,  the  Aqua  Marcia* 
This  was  brought  from  Sublaqueum  (Subiaco) 
along  an  extent  of  61,710  passus;  viz.,  54,267  un- 
der ground,  and  7443  above  ground,  and  chiefly  on 
arches ;  and  was  of  such  elevation  that  water  could 
be  supplied  from  it  to  the  loftiest  part  of  the  Capito- 
line  Mount.  Of  the  arches  of  this  aquaeduct  a  con- 
siderable number  are  yet  standing.  Of  those,  like- 
wise, called  the  Aqua  Tepula  (B.C.  127),  and  the 
Aqua  Julia  (B.C.  35),  which  are  next  in  point  of 
date,  remains  are  still  existing;  and  in  the  vicinity 
of  the  city,  these  two  aquaeducts  and  the  Marcia 
were  all  united  in  one  line  of  structure,  forming 
three  separate  water-courses,  one  above  the  other, 
the  lowermost  of  which  formed  the  channel  of  the 
Aqua  Marcia,  and  the  uppermost  that  of  the  Aqua 
Julia,  and  they  discharged  themselves  into  one  res- 
ervoir in  common.  The  Aqua  Julia  was  erected 
by  M.  Agrippa  during  his  aedileship,  who,  besides 
repairing  both  the  Anio  Vetus  and  the  Aqua  Mar- 
cia, supplied  the  city  with  seven  hundred  wells 
(locus),  one  hundred  and  fifty  springs  or  fountains 
and  one  hundred  and  thirty  reservoirs. 

Besides  repairing  and  enlarging  the  Aqua  Mar- 
cia, and,  by  turning  a  new  stream  into  it,  increasing 
its  supply  to  double  what  it  formerly  had  been,  Au- 
gustus built  the  aquaeduct  called  Alsietina,  some- 
times called  Augusta  after  its  founder.  The  water 
furnished  by  it  was  brought  from  the  Lake  of  Al- 
sietinus,  and  was  of  such  bad  quality  as  tc  be  scarce- 
ly fit  for  drinking;  on  which  account  it  has  been 
supposed  that  Augustus  intended  it  chiefly  for  fill- 
ing his  naumachia,  which  required  more  water  than 
could  be  spared  from  the  other  aquaeducts,  its  basin 
being  1800  feet  in  length  and  1200  in  breadth.  It 
was  in  the  reign,  too,  of  this  emperor  that  M.  Agrip- 
pa built  the  aquaeduct  called  the  Aqua  Virgo,  which 

1.  (Liv.,  ix.,  29.— Diod.  Sic,  xx.,  3f  )— 2.  (Tiv.,  xl.,  SU-1 
(Plin.,  xxxvi.,  24,  $  9.) 


AQlUJE  ductus 


AQ.UjE  DUCTUS. 


name  it  is  said  tc  have  obtained  because  the  spring 
which  supplied  it  was  first  pointed  out  by  a  girl  to 
some  soldiers  who  were  in  search  of  water.  Pliny, 
however,  gives  a  different  origin  to  the  name.1  Its 
length  was  14,105  passus,  of  which  12,865  were  un- 
der ground ;  and,  lor  some  part  of  its  extent  above 
ground,  it  was  decorated  with  columns  and  statues. 
This  aquaeduct  still  exists  entire,  having  been  re- 
stored by  Nicholas  V.,  although  not  completely  un- 
til thf  pontificate  of  Pius  IV.,  1568,  and  it  still  bears 
the  name  of  Aqua  Vergine.  A  few  years  later,  a 
second  aquaeduct  was  built  by  Augustus,  for  the 
purpose  of  supplying  the  Aqua  Marcia  in  times  of 
drought. 

The  two  gigantic  works  of  the  Emperor  Claudius, 
viz.,  the  A-pia  Claudia  and  Anio  Novus,  doubled  the 
former  supply  of  water ;  and  although  none  of  the 
later  aquaeducts  rivalled  the  Marcia  in  the  vastness 
and  solidity  of  its  constructions,  they  were  of  con- 
siderably greater  extent.  The  Claudia  had  been 
begun  by  Caligula  in  the  year  A.D.  38,  but  was 
completed  by  his  successor,  and  was,  although  less 
copious  in  its  supply,  not  at  all  inferior  to  the  Mar- 
cia in  the  excellence  of  its  water.  The  other  was, 
if  not  so  celebrated  for  the  quality  of  the  water  itself, 
remarkable  for  the  quantity  which  it  conveyed  to 
the  city,  it  being  in  that  respect  the  most  copious  of 
them  all.  Besides  which,  it  was  by  far  the  grandest 
in  point  of  architectural  effect,  inasmuch  as  it  pre- 
sented, for  about  the  extent  of  six  miles  before  it 
reached  the  city,  a  continuous  range  of  exceedingly 
lofty  structure,  the  arches  being  in  some  places  109 
feet  high.  It  was  much  more  elevated  than  any  of 
the  other  aquaeducts,  and  in  one  part  of  its  course 
was  carried  over  the  Claudia.  Nero  afterward 
made  additions  to  this  vast  work,  by  continuing  it 
as  far  as  Mount  Caelius,  where  was  a  temple  erected 
to  Claudius. 

The  Aqua  Trajana,  which  was  the  work  of  the 
emperor  whose  name  it  bears,  and  was  completed 
A.D.  Ill,  was  not  so  much  an  entirely  new  and  dis- 
tinct aquaeduct  as  a  branch  of  the  Anio  Novus 
brought  from  Sublaqueum,  where  it  was  supplied  by 
a  spring  of  purer  water  than  that  of  the  Anio.  It  was 
in  the  time  of  this  emperor,  and  of  his  predecessor 
Nerva,  that  the  superintendence  of  all  the  aquae- 
ducts  was  held  by  Sextus  Julius  Frontinus,  whose 
treatise  De  AquceductUms  has  supplied  us  with  the 
fullest  information  now  to  be  obtained  relative  to 
their  history  and  construction. 

In  addition  to  the  aquaeducts  which  have  been  al- 
ready mentioned,  there  were  others  of  later  date : 
namely,  the  Antoniana,  A.D.  212;  the  Alexandrina, 
A.D.  230;  and  the  Jovia,  A.D.  300;  but  these  seem 
to  have  been  of  comparatively  little  note,  nor  have 
we  any  particular  account  of  them. 

The  magnificence  displayed  by  the  Romans  in 
their  public  works  of  this  class  was  by  no  mc~TOS 
confined  to  the  capital ;  for  aquaeducts  more  or  less 
stupendous  were  constructed  by  them  in  various 
and  even  very  remote  parts  of  the  empire — at  Nico- 
media,  Ephesus,  Smyrna,  Alexandrea,  Syracuse, 
Metz,  Nismes  (the  Pont  du  Gard),  Lyons,  Evora, 
Merida,  and  Segovia.  That  at  Evora,  which  was 
built  by  duintus  Sertorius,  is  still  in  good  preserva- 
tion ;  and  at  its  termination  in  the  city  has  a  very 
elegant  caslettum  in  two  stories,  the  lower  one  of 
which  has  Ionic  columns.  Merida  in  Spain,  the 
Augusta  Emerita  of  the  Romans,  who  established  a 
colony  there  in  the  time  of  Augustus,  has  among  its 
other  antiquities  the  remains  of  two  aquaeducts,  of 
one  of  which  thirty-seven  piers  are  standing,  with 
three  tiers  of  arches ;  while  of  the  other  there  are 
only  two  which  form  part  of  the  original  construc- 
tions, the  rest  being  modem.  But  that  of  Segovia, 
for  which  some  Spanish  writers  have  claimed  an 
antiquity  anterior  to  the  sway  of  the  Romans  in 
Spain,  is  one  of  the  most  perfect  and  magnificent 
1.  (H.  N  ,  xxxi.,  25.) 


woiks  of  the  kind  anywhere  remaining.  It  is  en- 
tirely of  stone,  and  of  great  solidity,  the  piers  being 
eight  feet  wide  and  eleven  in  depth ;  and  where  il 
traverses  a  part  of  the  city,  the  heipht  is  upward  oi 
a  hundred  feet,  and  it  has  two  tievs  of  arches,  the 
lowermost  of  which  are  exceedingly  lofty. 

After  this  historical  notice  of  some  of  the  princi- 
pal aquaeducts  both  at  Rome  and  in  the  provinces, 
we  now  proceed  to  give  some  general  account  o» 
their  construction.  Before  the  mouth  or  opening 
into  the  aquaeduct  was,  where  requisite,  a  large  ba- 
sin (piscina  limosa),  in  which  the  water  was  collect- 
ed, in  order  that  it  might  first  deposite  its  impuri- 
ties; and  similar  reservoirs  were  formed  at  inter- 
vals along  its  course.  The  specus,  or  water-channel, 
was  formed  either  of  stone  or  brick  coated  with  ce- 
ment, and  was  arched  over  at  top,  in  order  to  ex- 
clude the  sun,  on  which  account  there  were  aper- 
tures or  vent-holes  at  certain  distances;  or  where 
two  or  more  such  channels  were  carried  one  above 
the  other,  the  vent-holes  of  the  lower  ones  wore 
formed  in  their  sides.  The  water,  however,  besides 
flowing  through  the  specus,  passed  also  through 
pipes  either  of  lead  or  burned  earth  (terra-cotta), 
which  latter  were  used  not  only  on  account  of  their 
greater  cheapness,  but  as  less  prejudicial  to  the 
freshness  and  salubrity  of  the  water.  As  far  as  was 
practicable,  aquaeducts  were  carried  in  a  direct  line  j 
yet  they  frequently  made  considerable  turns  and 
windings  in  their  course,  either  to  avoid  boring 
through  hills,  where  that  would  have  been  attended 
with  too  much  expense,  or  else  to  avoid,  not  only 
very  deep  valleys,  but  soft  and  marshy  ground. 

In  every  aquaeduct,  the  castella  or  reservoirs  wen? 
very  important  parts  of  the  construction ;  and  be- 
sides the  principal  ones — that  at  its  mouth  and  thaS 
at  its  termination — there  were  usually  intermediate 
ones  at  certain  distances  along  its  course,  both  in 
order  that  the  water  might  deposite  in  them  any  re- 
maining sediment,  and  that  the  whole  might  be 
more  easily  superintended  and  kept  in  repair,  a  de- 
fect between  any  two  such  points  being  readily  de- 
tected. Besides  which,  these  castella  were  service- 
able, inasmuch  as  they  furnished  water  for  the  irri- 
gation of  fields  and  gardens,  &c  The  principal 
castellum  or  reservoir  was  that  in  which  the  aquae- 
duct terminated,  and  whence  the  water  was  con- 
veyed by  different  branches  and  pipes  to  various 
parts  of  the  city.  This  far  exceeded  any  of  the  oth- 
ers, not  in  magnitude  alone,  but  in  solidity  of  con- 
struction and  grandeur  of  architecture.  The  re- 
mains of  a  work  of  this  kind  still  exist  in  what  are 
called  the  Nove  Sale,  on  the  Esquiline  Hill  at  Rome ; 
while  the  Piscina  Miralnk,  near  Cuma,  is  still  more 
interesting  and  remarkable,  being  a  stupendous  con- 
struction about  200  feet  in  length  by  130  in  breadth, 
whose  vaulted  roof  rests  upon  forty-eight  immense 
pillars,  disposed  in  four  rows,  so  as  to  form  five 
aisles  within  the  edifice,  and  sixty  arches. 

Besides  the  principal  castellum  belonging  to  each 
aquaeduct  (excepting  the  Alsietina,  whose  water 
was  conveyed  at  once  to  the  baths),  there  were  a 
number  of  smaller  ones — altogether,  it  has  been 
computed,  247 — in  the  different  regions  of  the  city, 
as  reservoirs  for  their  respective  neighbourhoods. 

The  declivity  of  an  aquaeduct  (libramenlum  aqua:) 
was  at  least  the  fourth  of  an  inch  in  every  100  feet,1 
or,  according  to  Vitruvius,9  half  a  foot. 

During  the  times  of  the  Republic,  the  censors  and 
aediles  had  the  superintendence  of  the  aquaeducts; 
but  under  the  emperors  particular  officers  were  ap- 
pointed for  that  purpose,  under  the  title  of  curato7e$, 
or  prafedi  aquarum.  These  officers  were  first  cre- 
ated by  Augustus,8  and  were  invested  with  consid- 
erable authority.  They  were  attended  outside  the 
city  by  two  lictors,  three  public  slaves,  a  secretary, 
and  other  attendants. 

In  the  time  of  Nerva  and  Trajan,  about  seven 

1.  (Plin.,  H.  N.,  ixxi.,  31.)—2.  (viii.,  7.)— 3.  (Suet,  Aug-.,  37.J 

^5 


AaUARII. 


ARA 


ttJiLi  red  architects  and  others  were  constantly  em- 
a  Dyed,  under  the  orders  of  the  curatores  aqnaruin,  in 
attending  to  the  aquseducts.  The  officers  who  had 
:harge  of  these  works  were,  1.  The  vilhci,  whose 
duty  it  was  to  attend  to  the  aquseducts  in  their 
course  to  the  city.  2.  The  castellarii,  who  had  the 
superintendence  of  all  the  castella  both  within  and 
without  the  city.  3.  The  circuitores,  so  called  be- 
cause they  had  to  go  from  post  to  post,  to  examine 
into  the  state  of  the  works,  and  also  to  keep  watch 
over  the  labourers  employed  upon  them.  4.  The 
silicarii,  or  paviours.  5.  The  iectores,  or  plasterers. 
All  these  officers  appear  to  have  been  included  un- 
der the  general  term  of  aquarii.1 

AQ.JJM  DUCTUS.  (Vid.  Servitutes.) 
AGIU^S  ET  IGNIS  INTERDIC'TIO.  (Vid. 
Hanishment.) 
A.QXT;E  HAUSTUS.  (Vid.  Servitutes.) 
AGLUiE  PLUVIA  ARCENDiE  ACTIO.  That 
water  was  called  aqua  pluvia  which  fell  from  the 
clouds,  and  the  prevention  of  injury  to  land  from 
such  water  was  the  object  of  this  action.  The  ac- 
tion aquce  pluvice  was  allowed  between  the  owners  of 
adjoining  land,  and  might  be  maintained'  either  by 
the  owner  of  the  higher  land  against  the  owner  of 
the  lower  land,  in  case  the  latter,  by  anything  done 
to  his  land,  prevented  the  water  from  flowing  natu- 
rally from  the  higher  to  the  lower  land,  or  by  the 
owner  of  the  lower  land  against  the  owner  of  the 
higher  land,  in  case  the  latter  did  anything  to  his 
land  by  which  the  water  flowed  from  it  into  the  low- 
er land  in  a  different  way  from  what  it  naturally 
would.  In  the  absence  of  any  special  custom  or 
law  to  the  contrary,  the  lower  land  was  subject  to 
receive  the  water  which  flowed  naturally  from  the 
upper  land ;  and  this  rule  of  law  was  thus  expressed: 
aqita  inferior  superiori  servit.  The  fertilizing  ma- 
terials carried  down  to  the  lower  land  were  con- 
sidered as  an  ample  compensation  for  any  damage 
which  it  might  sustain  from  the  water.  Many  diffi- 
cult questions  occurred  in  the  application  to  practice 
of  the  general  rules  of  law  as  to  aqua  pluvia ;  and, 
among  others,  this  question :  What  things  done  by 
the  owners  of  the  land  were  to  be  considered  as  pre- 
senting or  altering  the  natural  flow  of  the  waters  1 
The  conclusion  of  Ulpian  is,  that  acts  done  to  the 
land  for  the  purposes  of  cultivation  were  not  to  be 
considered  as  acts  interfering  with  the  natural  flow 
of  the  waters.  Water  which  increased  from  the 
falling  of  rain,  or  in  consequence  of  rain  changed 
its  colour,  was  considered  within  the  definition  of 
aqua  pluvia;  for  it  was  not  necessary  that  the  water 
in  question  should  be  only  rain-water,  it  was  suffi- 
cient if  there  was  any  rain-water  in  it.  Thus,  when 
water  naturally  flowed  from  a  pond  or  marsh,  and  a 
person  did  something  to  exclude  such  water  from 
coming  on  his  land,  if  such  marsh  received  any  in- 
crease from  rain-water,  and  so  injured  the  land  of 
a  neighbour,  the  person  would  be  compelled  by  this 
action  to  remove  the  obstacle  which  he  had  created 
to  the  free  passage  of  the  water. 

This  action  was  allowed  for  the  special  protection 
of  land  (ager):  if  the  water  injured  a  town  or  a 
building,  the  case  then  belonged  to  flumina  and 
stillicidia.  The  action  was  only  allowed  to  prevent 
damage,  and,  therefore,  a  person  could  not  have  this 
remedy  against  his  neighbour,  who  did  anything  to 
.lis  own  land  by  which  he  stopped  the  water  which 
would  otherwise  flow  to  his  neighbour's  land,  and  be 
profitable  to  it.  The  title  in  the  Digest  contains 
many  curious  cases,  and  the  whole  is  well  worth 
perusal.2 

AGIUA'RII  were  slaves  who  carried  water  for  ba- 
thing, &c,  into  the  female  apartments.3  The  aquarii 
were  also  public  officers  who  attended  to  the  aquse- 
ducts.    (Vid.  Aqvje  Ductus.) 


1.  (Cic,  ad  Fam.,  viii.,  C— Cod.  xii.,  tit.  42  or  43,  s.  10.)— 2. 
(Dig-.  39,  tit.  3. — Cic,  pro  Mursen.,  c.  10. — Topic,  c.  9. — BoS- 
Lhius,  Comment,  in  Cic,  Top.,  iv.,  c.  9.) — 3.  (Juv.,  vi.,  332.) 


♦AQ.UILA.  I.  A  Roman  military  standard.  (Vid. 
Signa  Militaria.)  II.  The  Eagle.  The  ancient 
naturalists  have  described  several  species.  Aristo- 
tle divided  the  Falconida  into  'Aerol  (Eagles),  'Upa- 
iceg  (Hawks),  and  'Ittrivoi  ^Kites),  with  many  subdi- 
visions. M.  Vigors  is  of  opinion,  that  the  division 
'lepag  (Hierax)  of  Aristotle  comprises  all  the  Fal- 
conidae  of  Vigors  which  belong  to  the  stirpes  or  sub* 
families  of  Hawks,  Falcons,  and  Buzzards.  Pliny 
separates  the  group  into  Aquila  (Eagles)  and  Acci* 
pitres,  a  general  term  comprising,  as  used  by  him 
the  rest  of  the  Falconidce.  The  subdivisions  of  both 
Aristotle  and  Pliny  do  not  differ  much  from  those 
of  some  of  the  modern  zoologists. — We  will  now 
proceed  to  particulars.  1.  The  fxbp^vog,  called  also 
nTiayyog  or  vt\tto$6voq  by  Aristotle,1  would  appear 
to  be  that  species  of  Falco  which  bears  the  Eng- 
lish names  of  Bald  Buzzard  and  Osprey,  namely, 
the  Falco  Haliceetus,  L.,  or  Pandion  Halitzetus,  Sa- 
vigny.8 It  would  seem  to  be  the  nepicvog  of  Homer.3 
2.  The  nepKvoTVTepos,  said  by  Aristotle  to  resemble 
the  Vulture,  was  mos*  probably  that  species  of 
Vulture  which  gets  the  name  of  VuUurine  Eagle.  Its 
French  name,  according  to  Belon,  is  Boudree.  It 
is  called  also  ypyrtaurog  and  bpenr&apyog  by  Aris- 
totle. 3.  The  dXtaierog  of  Aristotle  would  appeal 
to  be  the  Osprey.*  This  bird  is  the  "  Nisus"  of  Vir- 
gil and  Ovid.  Naturalists  have  recently  adopted 
the  opinion  that  the  Osprey  is  the  same  as  the  Sea- 
eagle.  Its  scientific  name  is  Pandion  Haliceetus, 
Savigny.  4.  The  [islavaieTog  of  Aristotle,  called 
also  ?iayu(j)6vog  by  him,  is  referred  by  Hardouin8  to 
the  small  Black  Eagle,  which  the  late  authorities  on 
Ornithology  hold  to  be  only  a  variety  of  the  Golden 
Eagle,  or  Aquila  Chrysaetos.  It  is  deserving  of  re- 
mark, however,  that  the  learned  Gesner  seems  dis- 
posed to  refer  the  \itkavahrog  to  the  Erne,  or  Aquila 
Albicilla  of  late  ornithologists.  5.  The  (pijvij  of 
Aristotle  is  undoubtedly  the  Ossifraga  of  Pliny,  and 
the  tyivig  of  Dioscorides.6  It  is  the  Falco  Ossifragus, 
L.  6.  The  nvyapyog  is  supposed  by  Hardouin  to  be 
the  eagle  called  Jean  le  blanc.  Turner  suggests  that 
it  may  have  been  the  Erne,  and  Elliot  the  Ring-tail. 
All  point  to  the  same  bird,  namely,  the  Hali&eius  Al- 
biciUa,  Savigny ;  for  the  Ring-tail  is  now  held  to  be 
merely  a  variety  of  the  Erne.  The  term  rcvyapyog 
signifies  "  White-tailed."  7.  The  species  called 
yvrjoiog  by  Aristotle  is  confidently  referred  by  Har- 
douin to  the  Golden  Eagle,  which,  as  Buffon  re- 
marks, is  the  noblest  and  largest  of  the  genus.  It  is 
the  Aquila  Chrysateos,  Vigors.7 

AQJJILLIA  LEX.    (Vid.  Damnum.) 

ARA  ((3uu6g,  ■d-vrrjpiov),  an  altar. 

Ara  was  a  general  term  denoting  any  structure 
elevated  above  the  ground,  and  used  to  receive  upon 
it  offerings  made  to  the  gods.  Altare,  probably  con- 
tracted from  alta  ara,  was  properly  restricted  to 
the  larger,  higher,  and  more  expensive  structures. 
Hence  Menalcas,9  proposing  to  erect  four  altars, 
■viz.,  two  to  Daphnis,  and  two,  which  were  to  be 
high  altars,  to  Apollo,  says,  "  En  qvaltuor  aras:  Ecce 
duas  tibi,  Daphni;  duas,  altaria,  Phcebo."  Servias, 
in  his  commentary  on  the  passage,  observes,  that 
altaria  were  erected  only  in  honour  of  the  superior 
divinities,  whereas  arcs  were  consecrated  not  only 
to  them,  but  also  to  the  inferior,  to  heroes,  and  'to 
demigods.  On  the  other  hand,  sacrifices  were  offer, 
ed  to  the  infernal  gods,  not  upon  altars,  but  in  cavi- 
ties (scrobes,  scrobiculi,  (36dpoi,  %u,kkol)  dug  in  the 
ground.9  Agreeably  to  this  distinction,  wc  find  that 
in  some  cases  an  altare  was  erected  upon  an  ara,  or 
even  several  high  altars  upon  one  of  inferior  eleva- 
tion. 


1.  (H.  A.,  ix.,  22.)— 2.  (Willoughby's  Ornithology,  Kb.  ii- 
art.  5.)_3.  (II.,  xxiv.,  316.) — 4.  (Gesner,  de  A- ibus— Brooke'i 
Nat.  Hist.,  vol.  ii.,  p.  4.)— 5.  (in  Plin.,  H.  N  ,  x.,  1.)— 6.  (ii., 
58.)— 7.  (Adams,  Append.,  s  •  — 8.  (Virg.,  £  log.,  v.  65.)  -». 
(Festus,  s.  v.  Altaria.) 


ARA. 


ARA. 


1\,(  xv\  us  >ne  ancients  almost  every  religious 
net  *.j*j>  ixCco*/»/)anied  by  sacrifice,  it  was  often 
<iec£S«jary  to  provide  altars  on  the  spur  of  the  oc- 
casion, and  they  vere  then  constructed  of  earth, 
iods,  or  stones,  collected  on  the  spot.  Thus, 
"  Erexit  subitas  congtsiu  cespilis  aras."1  Also,  when 
iEncas  and  Turnus  are  preparing  to  fight  in  single 
combat,  wishing  to  binl  themselves  by  a  solemn 
oath,  they  erect  aras  gramineas.-  Availing  himself 
cf  this  practice,  Telamon  adroitly  warded  off  the 
effects  of  the  jealousy  of  Hercules,  whose  rage  he 
had  excited  by  making  the  first  breach  in  the  walls 
t»f  Ilium,  and  thus  appearing  to  surpass  his  com- 
panion in  glory.  Pursued  bj  Hercules,  who  had 
already  drawn  his  sword,  and  seeing  his  danger,  he 
set  about  collecting  the  scattered  stones ;  and  when 
Hercules,  on  coming  up,  asked  what  he  was  about, 
he  answered  that  he  was  preparing  an  altar  to 
'Hpa/c "kfiq  Ka?.%ivLKog,  and  thus  saved  his  life.3 

When  the  occasion  was  not  sudden,  and  especially 
if  the  altars  were  required  to  be  of  a  considerable 
size,  they  were  built  with  regular  courses  of  masonry 
or  brickwork,  as  is  clearly  shown  in  several  exam- 
ples on  the  column  of  Trajan  at  Rome.  See  the 
left-hand  figure  in  the  woodcut  annexed. 


'^***~  <mmmimmr 

^**i 

| 

i        1 

1 

-vy- 

i  i  (. 

i 

i  i 

The  first  deviation  from  this  absolute  simplic  y 
of  form  consisted  in  the  addition  of  a  base  ((3dcnc, 
Kpr/TTi'c),  and  of  a  corresponding  projection  at  the 
top,  the  latter  (iaxapiCi  fiujiov  koxapo?)  being  in- 
tended to  hold  the  fire  and  the  objects  offered  in 
sacrifice.  These  two  parts  are  so  common  as  to  be 
almost  uniform  types  of  the  form  of  an  altar,  and 
will  be  found  in  all  the  figures  inserted  underneath. 

The  altar  on  which  the  gods  swore,  when  they 
leagued  with  Jupiter  against  the  Titans,  became  a 
constellation  consisting  of  four  stars,  two  on  the 
nreplace  and  two  on  the  base.5 

It  appears,  also,  that  a  movable  pan  or  brazier 
(kiTLTzvpov)  was  sometimes  used  to  hold  the  fire.6 

Altars  were  either  square  or  round.  The  latter 
form,  which  was  the  less  common  of  the  two,  is 
exemplified  in  the  following  figures  : 


GEMIVS 
HVIVSLCCI 
MONTIS 


That  on  the  left  hand  is  from  a  painting  at  Her- 
culaneum.  The  altar  is  represented  as  dedicated 
to  the  genius  of  some  spot  on  Mount  Vesuvius. 
He  appears  in  the  form  cf  a  serpent,7  and  is  par- 
taking of  the  figs  and  fir-cones  which  have  been 
offered  to  him  on  the  altar.    The  right-hand  figure 

1.  (Lncan,  ix.,  988.)— 2.  (Virg.,  ./En.,  xii.,  118.)— 3.  (Apol- 
iod.,  II.,  vi.,  4. — Vid.  eciam  Hor.,  Carm.  I.,  xix.,  13.) — 4.  (Eu- 
rip.,  Andr.,  1115.)  —  5.  (Eratosth.,  Cataster.,  39.  —  Compare 
Hvgin.,  Astron.,  ii.,  39  ;  Arat.,  402  ;  and  Cicero's  translation, 
De  Nat  Deor  ,  ii.,  44.)— 6  (Heron.,  Spirit.,  71.)— 7.  (Virg., 
Mn.,  v.,  95«> 


represents  an  altar,  which  was  found,  with  three 
others,  at  Antium.1  It  bears  the  inscription  ari 
ventorvm.  On  it  is  sculptured  the  rostrum  of  a 
ship,  and  beneath  this  is  a  figure  emblematic  of  the 
wind.  He  floats  in  free  space,  blows  a  shell,  ana 
wears  a  chlamys,  which  is  uplifted  by  the  breeze. 
In  the  second  altar  the  kaxapig  is  distinguished  by 
being  hollow.  Indeed  altars,  such  as  that  on  the 
left  hand,  were  rather  designed  for  sacrifices  of 
fruits,  or  other  gifts  which  were  offered  withoti 
fire,  and  they  were  therefore  called  anvpoi. 

When  the  altars  were  prepared  for  sacrifice,  they 
were  commonly  decorated  with  garlands  or  festoons. 
The  leaves,  flowers,  and  fruits  of  which  these  were 
composed  were  of  certain  kinds,  which  were  con- 
sidered as  consecrated  to  such  uses,  and  were  callel 
verbena.2 

Theocritus3  enumerates  the  three  following,  viz., 
the  oak,  the  ivy,  and  the  asphodel,  as  having  been 
used  on  a  particular  occasion  for  this  purpose.* 

The  altar  represented  in  the  next  woodcut  shows 
the  manner  in  which  the  festoon  of  verbenae  was 
suspended.  Other  ancient  sculptures  prove  that 
fillets  were  also  used,  partly  because  they  were 
themselves  ornamental,  and  partly  for  the  purpose 
of  attaching  the  festoons  to  the  altar.  Hence  we 
read  in  Virgil, 

"  Effer  aquam,  et  molli  cinge  hcec  altaria  vtlta, 
Verbenasque  adole  pingues,  et  mascula  turn."* 

Altars  erected  to  the  manes  were  decked  with  dark 
blue  fillets  and  branches  of  cypress.6  Many  altars 
which  are  still  preserved  have  fillets,  festoons,  and 
garlands  sculptured  upon  the  marble,  being  designed 
to  imitate  the  recent  and  real  decorations. 

Besides  the  imitation  of  these  ornaments,  the  art 
of  the  sculptor  was  also  exercised  in  representing 
on  the  sides  of  altars  the  implements  of  sacrifice, 
the  animals  which  were  ofiered,  or  which  were  re- 
garded as  sacred  to  the  respective  deities,  and  the 
various  attributes  and  emblems  of  those  deities. 
We  see,  for  example,  on  altars  dedicated  to  Jupiter, 
the  eagle  and  the  thunderbolt ;  to  Apollo,  th.2  stag, 
the  raven,  the  laurel,  the  lyre  or  cithara;  to  Bac% 
chus,  the  panther,  the  thyrsus,  the  ivy,  Silenus, 
bacchanals ;  to  Venus,  the  dove,  the  myrtle ;  to 
Hercules,  the  poplar,  the  club,  the  labours  of  Her- 
cules ;  to  Sylvanus,  the  hog,  the  lamb,  the  cypress. 
Strabo  says7  that  the  principal  altar  of  the  Temple 
of  Diana  at  Ephesus  was  almost  covered  with  the 
works  of  Praxiteles.  Some  of  the  altars  which 
still  remain  are  wrought  with  admirable  taste  and 
elegance.  We  give,  as  a  specimen  of  the  elaborate 
style,  the  outline  of  an  Etruscan  altar,  in  contrast 
with  the  unadorned  altar  in  our  first  woodcut. 

Besides  symbolical  and  decorative  sculptures  in 
bas-relief,  ancient  altars  frequently  present  inscrip- 
tions, mentioning  the  gods  to  whom,  and  the  wor- 
shippers by  whom,  they  were  erected  and  dedicated. 
For  example,  an  altar  in  Monlfaucon,8  decorated 
with  an  eagle  which  grasps  the  thunderbolt,  anc 
with  a  club,  encircled  with  a  fillet,  at  each  of  the 
four  corners,  bears  the  following  inscription,  in- 
cluded within  a  wreath  of  leaves : 

iovi 

OPT.  MAZ. 
ET  HERCVLI 

IXVICTO 
C  TVTICAXVrf 

CALLIAT. 

EX  VOTO 

We  select  this  example,  becaus-  J  illustrates  the 
fact  that  the  same  altar  was  often  erected  in  honoui 

1.  (Montfaucon,  Ant.  Expl.,  ii.,  pi.  51.)— 2.  {Hor.,  Curm.  iv., 
11.)— 3.  (xxvi.,  3,4.)— 4.  {Vid.  etiara  Tevent.,  Andr.,  iv..  4,  5.^ 
Donatus  in  loc.— "  Coronatae  arte,"  Propert.,  iii.,  10.— "  Nextl 
ornatae  torauibus  arse,"  Virg.,  Georer.,  iv.,  27C.)— 5.  (Eclog 
viii.,  64,  65.)— 6.  (.En.,  iii.,  64  )— 7.  (xiv.,  f.  23.>-S  (Ant 
Expl.,  ii.,  pi.  96  )  ^ 

77 


ARA. 


ARACHNE. 


ol  mere  than  one  divinity.  I(  t?  a.',  however,  neces- 
sary that  such  divinities  shoUid  h.ive  something  in 
common,  so  that  they  might  be  properly  associated; 
and  deities  having  this  relation  to  one  another  were 
called  Dii  communes,  dtoi  cv/xdufioi,  dfiodu/xcoi,1  or 
Koivo6tD/j.ioi.-  At  Olympia  there  were  six  altars, 
each  pacred  to  two  divinities,  so  as  to  make  twelve 
gods  in  all.3 

On  the  other  hand,  we  find  that  it  was  not  un- 
usual to  jrect  two  or  more  altars  to  the  same 
divinity,  sa  the  same  spot  and  on  the  same  occa- 
sion. We  have  already  produced  an  example  of 
this  from  Virgil's  fifth  eclogue ;  and  the  very  same 
expression  is  in  part  repeated  by  him  in  the  iEneid : 
"  En  quattuor  aras — Neptuno.V4:  In  Theocritus,5 
three  bacchantes,  having  collected  verbenee,  as  we 
have  before  stated,  erect  twelve  altars,  viz.,  three  to 
Semele  and  nine  to  Dionysus.  But  the  most  re- 
markable instances  of  this  kind  occurred  when 
hecatombs  were  sacrificed ;  for  it  was  then  neces- 
sary that  the  number  of  altars  should  correspond 
to  the  multitude  of  the  victims.  A  ceremony  of 
this  description,  recorded  by  Julius  Capitolinus, 
seems  to  have  been  designed  in  imitation  of  the 
oractice  of  the  heroic  ages.  He  says  that,  when 
ihe  head  of  the  tyrant  Maximin  was  brought  to 
Rome,  Balbinus,  to  express  the  general  joy,  built 
in  one  place  100  altars  of  turf  (aras  cespititias),  on 
which  were  slain  100  hogs  and  100  sheep.  But  a 
more  distinct  exhibition  of  the  scene  is  given  in 
the  Iliad,6  when  the  Greeks  assembled  at  Aulis 
present  a  hecatomb.  A  beautiful  plane-tree  is  seen 
beside  a  clear  fountain;  the  chieftains  and  the 
priests  are  assembled  under  its  wide  -  spreading 
branches  ;  the  spot  is  encircled  with  altars  (afityl 
nepl  Kprjvvv),  and  the  victims  are  slain  along  the 
cltars  (tcara  fiufiovc).7 

Vitruvius8  directs  that  altars,  though  differing  in 
elevation  according  to  the  rank  of  the  divinities  to 
v/hom  they  were  erected,  should  always  be  lower 
than  the  statues  (simulacra)  before  which  they  were 
placed.  Of  the  application  of  this  rule  we  have 
en  example  in  a  medallion  on  the  arch  of  Constan- 
tine  at  Rome.    See  the  annexed  woodcut. 


We  see  here  Apollo  with  some  of  his  attributes, 
riz.,  the  stag,  the  tripod,  the  cithara,  and  plectrum. 


The  altar  is  about  half  as  high  as  the  pedestal  of 
the  statue,  placed  immediately  in  front  of  it,  and 
adorned  with  a  wreath  of  verbena?.  The  statue 
stands  in  an  a/lcroc,  or  grove  of  laurel.  One  of  the 
saciificers,  probably  the  Emperor  Trajan,  appears 
to  be  taking  an  oath,  which  he  expresses  by  lifting 
up  his  right  hand  and  touching  the  altar  with  his 
spear.  This  sculpture  also  shows  the  appearance 
of  the  tripods,  which  were  frequently  used  instead 
of  altars,  and  which  are  explained  under  the  arti- 
cle Tripos. 

We  have  already  had  occasion  to  advert,  in  sev- 
eral instances,  to  the  practice  of  building  altars  in 
the  open  air  wherever  the  occasion  might  require, 
as  on  the  side  of  a  mountain,  on  the  shore  of  the 
sea,  or  in  a  sacred  grove.  But  those  altars  which 
were  intended  to  be  permanent,  and  which  were, 
consequently,  constructed  with  a  greater  expense 
of  labour  and  of  skill,  belonged  to  temples  ;  and 
they  were  erected  either  before  the  temple,  as  shown 
in  the  woodcut  in  the  article  Ant.e,  and  beautifully 
exemplified  in  the  remains  of  temples  at  Pompeii,1 
or  within  the  cella  of  the  temple,  and  principally 
before  the  statue  of  the  divinity  to  whom  it  was 
dedicated.  The  altars  in  the  area  before  the  temple 
(/?w//oi  Trpovdoi"2)  were  altars  of  burnt- offerings,  at 
which  animal  sacrifices  (victimce,  cfdyia,  Ispela) 
were  presented :  only  incense  was  burned,  or  cakes 
and  bloodless  sacrifices  (■&vfiidfj.ara,  -&va)  offered  on 
the  altars  within  the  building. 

Altars  were  also  placed  before  the  doors  of  private 
houses.  In  the  Andria  of  Terence,3  a  woman  is 
asked  to  take  the  verbenae  from  an  altar  so  situated, 
in  order  to  lay  a  child  upon  them  before  the  door  of 
the  house.  A  large  altar  to  Zeus  the  Protector 
stood  in  the  open  court  before  the  door  of  Priam's 
palace  in  Ilium.*  Hither,  according  to  the  poets, 
Priam,  Hecuba,  and  their  daughters  fled  when  the 
citadel  was  taken;  and  hence  they  were  dragged 
with  impious  violence  by  Neoptolemus,  the  son  of 
Achilles,  and  some  of  them  put  to  death.  All  altars 
were  places  of  refuge.  The  supplicants  were  con- 
sidered as  placing  themselves  under  the  protection 
of  the  deities  to  whom  the  altars  were  consecrated ; 
and  violence  to  the  unfortunate,  even  to  slaves  and 
criminals,  in  such  circumstances,  was  regarded  as 
violence  towards  the  deities  themselves. 

As  in  the  instance  already  produced,  in  which  the 
gods  conspired  against  the  Titans,  men  likewise 
were  accustomed  to  make  solemn  treaties  and  cov- 
enants, by  taking  oaths  at  altars.  Thus  Virgil  rep- 
resents the  kings  entering  into  a  league  before  the 
altar  of  Jupiter,  by  immolating  a  sow,  while  they 
hold  the  pateras  for  libation  in  their  hands.5  The 
story  of  Hannibal's  oath  at  the  altar,  when  a  boy, 
is  well  known. 

Another  practice,  often  alluded  to,  was  that  of 
touching  altars  in  the  act  of  prayer.6  Marriages 
also  were  solemnized  at  the  altars ;  and,  indeed,  for 
the  obvious  reason,  that  religious  acts  were  almost 
universally  accompanied  by  sacrifice  as  an  essen- 
tial part  of  them,  all  engagements  which  could  be 
made  more  binding  by  sacred  considerations  were 
often  formed  between  the  parties  before  an  altar. 

♦ARAB'ICA,  called  also  Arabicus  lapis,  and  Arab" 
ica  gemma.  It  is  spoken  of  by  Dioscorides  and 
Galen,  and  was  probably  a  fine  white  marble.7 

♦ARACH'NE  (dpdxvn  or  -vc ),  the  Spider,  or  genus 
Aranea,  L.  Several  species  are  mentioned  by  Aristo- 
tle,8 but  so  briefly  that  they  cannot  be  satisfactorily 
ascertained.  Dioscorides  describes  two  species  by 
the  names  of  o^/coc  and  Ivkoc.9  The  former  of  these, 
according  to  Sprengel,  is  the  Aranea  retiaria,  and  the 


I.  (Thucyd.,iii.,  59.)— 2.  (JEschyl.,  Suppl.,  225.)— 3.   (Scho- 
liast in  Pind.,  Olymp.,  v.,  10.)— 4.  (iEn.,  v  ,  639.)— 5.  (1.   c.) 
^5.  (ii.,  305-307.'. — 7    (Compare  Num.,  xxiii.,  1,  "  seven  al- 
firs/')  -a  v/«'    9.) 
7« 


1.  (GelPs  Pompeiana,  1819,  Plates  43,  62,  68.)— 2.  (^Eschyl., 
Suppl.,  497.)— 3.  (1.  c.)— 4.  (Virg.,  Mn.,  ii.,  500-525.— Heyne, 
Excurs.,  ~1  loc.) — 5.  (JEn.,  viii.,  640. — Compare  the  last  wood- 
cut, aud  JEn.,  xii.,  201.)— P.  (Z^.,  Carm.  III.,  xxiii.,  17.)— 7. 
(Dioscor.,  v.,  149.— Plin.,  H  l»  xxxvi..  41.)— 8.  (H.  A.,  i«^ 
260—9.  (ii.,  68.) 


ARATRUM. 


ARATRUM. 


tatter  the  Aranea  domestica.  Sprengel  is  farther  of 
opinion  that  no  ancient  author  has  noticed  the  Aranea 
Tarantula.     But  vid.  Phalangion.1 

♦ARACHID'NA  (apdxtdva),  a  species  of  Pea,  the 
same,  according  to  Stackhouse  and  Sprengel,  with 
the  Lathyrus  ampkicarpus.  Stackhouse  proposes  to 
read  upunidva  in  the  text  of  Theophrastus.3 

♦AR'ACUS  (dpanoc),  a  plant,  which  Sprengel,  in 
the  first  edition  of  his  R.  H.  H.,  marks  as  the  Latky- 
rus  iuberosus;  but  in  his  second,  he  inclines  to  the 
Pisum  arvense.  S  tackhouse  hesitates  about  ackno  wl- 
edgiiig  it  as  the  Vicia  cracca,  or  Tufted  Vetch.3 
♦ARA'NEA.    {Vid.  Arachne.) 
ARA'TEIA  (upuTeia),  two  sacrifies  offered  every 
year  at  Sicyon  in  honour  of  Arams,  the  great  general 
of  the  Achaeans,  who,  after  his  death,  was  honoured 
by  his  countrymen  as  a  hero,  in  consequence  of  the 
command  of  an  oracle*   The  full  account  of  the  two 
festive  days  is  preserved  in  Plutarch's  Life  of  Ara- 
ms.5   The  Sicyonians,  says  he,  offer  to  Aratus  two 
sacrifices  every  year,  the  one  on  the  day  on  which 
he  delivered  his  native  town  from  tyranny,  which  is 
the  fifth  of  the  month  of  Daisius,  the  same  which 
the  Athenians  call  Anthesterion ;  and  this  sacrifice 
they  call  aor^pta.    The  other  they  celebrate  in  the 
month  in  which  they  believe  that  he  was  born.    On 
the  first,  the  priest  of  Zeus  offered  the  sacrifices ; 
on  the  second,  the  priest  of  Aratus,  wearing  a  white 
riband  with  purple  spots  in  the  centre,  songs  being 
sung  to  the  guitar  by  the  actors  of  the  stage.    The 
public   teacher  (yvpvaolapxoc)  led    his   boys    and 
youths  in  procession,  probably  to  the  heroum  of 
Arams,  followed  by  the  senators  adorned  with  gar- 
lands, after  whom  came  those  citizens  who  wished 
tc  join  the  procession.    The  Sicyonians  still  ob- 
serve, he  adds,  some  parts  of  the  solemnity,  but  the 
principal  honours  have  been  abolished  by  time  and 
other  circumstances.6 

ARA'TRUM  (uporpov),  a  plough. 
The  Greeks  appear  to  have  had,  from  the  earliest 
times,  diversities  in  the  fashion  of  their  ploughs. 
Hesiod7  advises  the  farmer  to  have  always  two 
ploughs,  so  that  if  one  broke,  the  other  might  be 
ready  for  use ;  and  they  were  to  be  of  two  kinds, 
the  one  called  avroyvov,  because  in  it  the  plough- 
tail  (yvng,  buris,  bura)  was  of  the  same  piece  of 
timber  with  the  share-beam  (llvfia,  dens,  dentale) 
and  the  pole  (frvfioc,  larodoevc,  temo) ;  and  the  other 
called  tttjktov,  i.  e.,  compacted,  because  in  it  the 
three  above-mentioned  parts,  which  were,  moreover, 
to  be  of  three  different  kinds  of  timber,  were  ad- 
justed to  cne  another,  and  fastened  together  by 
means  of  nails  (-yofupoicriv6). 

The  method  of  forming  a  plough  of  the  former 
kind  was  by  taking  a  young  tree  with  two  branches 
proceeding  from  its  trunk  in  opposite  directions,  so 
that  while  in  ploughing  the  trunk  was  made  to  serve 
for  the  pole,  one  of  the  two  branches  stood  upward 
and  became  the  tail,  and  the  other  penetrated  the 
ground,  and,  being  covered  sometimes  with  bronze 
or  iron,  fulfilled  the  purpose  of  a  share.  This  form 
is  exhibited  in  the  uppermost  figure  of  the  annexed 
woodcut,  taken  from  a  medal.  The  next  figure 
shows  the  plough  still  used  in  Mysia,  as  described 
and  delineated  by  a  late  traveller  in  that  country, 
Mr.  C.  Fellows.  It  is  a  little  more  complicated 
than  the  first  plough,  inasmuch  as  it  consists  of  two 
pieces  of  timber  instead  of  one,  a  handle  (hx^rln, 
stiva)  being  inserted  into  the  larger  piece  at  one  side 
of  it.  Mr.  Fellows9  observes  that  each  portion  of 
this  instrument  is  still  called  by  its  ancient  Greek 
name,  and  adds,  that  it  seems  suited  only  to  the 
ligh;  soil  prevailing  where  he  observed  it;  that  it  is 


1  (Adams,  Append.,  s.  v.) — 2.  (Theophrast.,  H.  P.,  i.,  6. — 
Adams,  Append.,  s.  v.) — 3.  (Theophrast.,  H.  P.,  i.  6.) — 4.  (Paus., 
ii.,  9,  $  4.)— 5.  (c.  53.)— 6.  (Wachsmuth,  Hellen.  Alterthum., 
ii.,  2,  p.  105.)— 7.  (Op.  et  Dies,  432.)— 8.  (Compare  Schol.  in 
Apoll.  Rhod..  iii.,  232.— Horn.,  II.,  x.,  353  :  xiii.,  703  ;  and  Schoi. 
in  loc.)— 9.  (Excursion  in  Asia  Minor,  1838,  p.  71.) 


held  by  one  hand  only;  that  the  form  of  the  shaic 
(iivvte)  varies ;  and  that  the  plough  is  frequently 
used  without  any  share.  "  It  is  drawn  by  two  oxen, 
yoked  from  the  pole,  and  guided  by  a  long  reed  or 
thin  stick  (aarpivoc),  which  has  a  spud  or  scraper 
at  the  end  for  cleaning  the  share."  See  the  loweit 
figure  in  the  woodcut. 

Another  recent  traveller  in  Greece  gives  the  fol- 
lowing account  of  the  plough  which  he  saw  in  that 
country,  a  description  approaching  still  nearer  to 
the  tztjktov  uporpov  of  Homer  and  Hesiod.  "  It  is 
composed,"  says  he,  "of  two  curved  pieces  of  wood, 
one  longer  than  the  other.  The  long  piece  forms 
the  pole,  and  one  end  of  it  being  joined  to  the  other 
piece  about  a  foot  from  the  bottom,  divides  it  into  a 
share,  which  is  cased  with  iron,  and  a  handle.  The 
share  is,  besides,  attached  to  the  pole  by  a  short 
crossbar  of  wood.  Two  oxen,  with  no  other  har- 
ness than  yokes,  are  joined  to  the  pole,  and  driven 
by  the  ploughman,  who  holds  the  handle  in  his  left 
hand,  and  the  goad  in  his  right."1  A  beautiful  view 
of  the  plain  of  Elis,  representing  this  plough  in  use, 
is  given  by  Mr.  S.  Stanhope  in  his  Olympiad 

The  yoke  and  pole  used  anciently  in  ploughing 
did  not  differ  from  those  employed  for  draught  in 
general.  Consequently,  they  do  not  here  require 
any  farther  description.     (Vid.  Jugum.) 

To  the  bottom  of  the  pole,  in  the  compacted 
plough,  was  attached  the  plougktail,  which,  accord- 
ing to  Hesiod,  might  be  made  of  any  piece  of  a  tree 
(especially  the  nplvog,  i.  e.,  the  ilex,  or  holm-oak), 
the  natural  curvature  of  which  fitted  it  to  this  use. 
But  in  the  time  and  country  of  Virgil,  pains  were 
taken  to  force  a  tree  into  that  form  which  was  mos* 
exactly  adapted  to  the  purpose. 

"  Coniinuo  in  silvis  magna  vijiexa  domatur 
In  burirn,  et  curviformam  accipit  ulrnus  aratri."3 

The  upper  end  of  the  buris  being  held  by  the 
ploughman,  the  lower  part,  below  its  junction  with 
the  pole,  was  used  to  hold  the  skare-beam,  which  was 
either  sheathed  with  metal,  or  driven  bare  into  the 
ground,  according  to  circumstances. 

To  these  three  continuous  and  most  essential 
parts,  the  two  following  are  added  in  the  description 
of  the  plough  by  Virgil : 

1.  The  eartk-boards  or  mould-boards,  rising  on  each 
side,  bending  outwardly  in  such  a  manner  as  to 
throw  on  either  hand  the  soil  which  had  been  pre- 
viously loosened  and  raised  by  the  share,  and  ad- 
justed to  the  share-beam,  which  was  made  double 
for  the  purpose  of  receiving  them :  "  Bina?  aures, 
duplici  aptantur  dentalia  dorso."  According  to 
Palladium,*  it  was  desirable  to  have  ploughs  both 
with  earth-boards  (aurita)  and  without  them  (sim- 
plicia). 

2.  The  kandle,  which  is  seen  in  Mr.  Fellcws's 
woodcut,  and  likewise  in  the  following  representa- 
tion of  an  ancient  Italian  plough.    Virgil  considers 

1.  (Hobhouse,  Journey  through  Albania,  &c„  vol.  i.,  p  143.) 
-  -2    (p.  42.)— S.    :Geonr.,  L,  16P.  170.)— 4.  (i.,  43.) 


AUATRUM. 


ARBUTUM. 


this  part  as  used  to  turn  the  plough  at  the  end  of 
the  furrow :  "  Stivaque,  qua  currus  a  tergo  torqueat 
imos."  Servius,  however,  in  his  note  on  this  line, 
explains  stiva  to  mean  "  the  handle  by  which  the 
plough  is  directed."  It  is  probable  that,  as  the 
dentalia,  i.  e.,  the  two  share-beams,  which  Virgil 
supposes,  were  in  the  form  of  the  Greek  letter  A, 
which  he  describes  by  duplici  do?so,  the  buris  was 
fastened  to  the  left  share-beam,  and  the  stiva  to  the 
right ;  so  that,  instead  of  the  simple  plough  of  the 
Greeks,  that  described  by  the  Mantuan  poet,  and 
used,  no  doubt,  in  his  country  (see  the  following 
woodcut),  was  more  like  the  modern  Lancashire 
plough,  which  is  commonly  held  behind  with  both 
hands.  Sometimes,  however,  the  stiva  (e^erA??1) 
was  used  alone  and  instead  of  the  tail,  as  in  the 
Mysian  plough  above  represented.  To  a  plough 
so  constructed,  the  langi}  jge  of  Columella  was  es- 
pecially applicable:  "  Ara\or  stiva  pane  rectus  inniti- 
tur  ;"a  and  the  expressions  of  Ovid,  "  Stivaque  in- 
nixus  arator"3  and  u  I  ride  premens  stivam  designat 
mamia  sulco."*  In  place  of  "stiva"  Ovid  also  uses 
the  less  appropriate  term  " capulus:"b  "Ipse  manu 
capulum  prensi  moderalus  aratriP  When  the  plough 
was  held  either  by  the  stiva  alone,  or  by  the  buris 
alone,  a  piece  of  wood  (manicula6)  was  fixed  across 
the  summit,  and  on  this  the  labourer  pressed  with 
both  hands.  Besides  guiding  the  plough  in  a 
straight  line,  his  duty  was  to  force  the  share  to  a 
sufficient  depth  into  the  soil.  Virgil  alludes  to  this 
in  the  phrase  "  Deprcsso  aratro."1 

The  crossbar,  which  is  seen  in  Mr.  Fellows's 
drawing,  and  mentioned  in  Sir  J.  C.  Hobhouse's 
description,  and  which  passes  from  the  pole  to  the 
.share  for  the  purpose  of  giving  additional  strength, 
was  called  uTrddrj,  in  Latin  fulcrum. 

The  coulter  (culter*)  was  used  by  the  Romans  as 
it  is  with  us.  It.  was  inserted  into  the  pole  so  as  to 
depend  vertically  before  the  share,  cutting  through 
the  roots  which  came  in  its  way,  and  thus  preparing 
for  the  more  complete  loosening  and  overturning  of 
the  soil  by  the  share. 

About  the  time  of  Pliny,  two  small  wheels  (rota, 
yotula)  were  added  to  the  plough  in  Rhaetia;  and 
Servius9  mentions  the  use  of  them  in  the  country 
of  Virgil.  The  annexed  woodcut  shows  the  form 
Df  a  wheel-plough,  as  represented  on  a  piece  of  en- 
graved jasper,  of  Roman  workmanship.  It  also 
shows  distinctly  the  coulter,  the  share-beam,  the 
plough-tail,  and  the  handle  or  stiva.10  The  plough 
corresponds  in  all  essential  particulars  with  that 
now  used  about  Mantua  and  Venice,. of  which  Mar- 
tyn  has  given  an  engraving  in  his  edition  of  Virgil's 
Gzorgics. 


The.  Greeks  and  Romans  usually  ploughed  their 
land  three  times  for  each  crop.  The  first  plough- 
ing was  called  proscindere,  or  novare  (veovodai,  ved- 
Zecdai) ;  the  second,  offringere,  or  iterate  ;  and  the 
third,  lirare,  or  tertiare.11     The  field  which  under- 

1.  (Hes.,  Op.  et  Dies,  467.)— 2.  (i.,  9.)— 3.  (Met.,  viii.,  218.) 
-A.  (Fast.,  iv.,  825.)— 5.  (Epist.de  Ponto,  i.,  8,  61.)— 6.  (Var- 
ro,  De  Ling.  Lat.,  iv.)— 7.  (Georg.,  i.,  45.)— 8.  (Plin.,  H.  N., 
xviii.,  48.)— 9.  (1.  c.)— 10.  (Caylus,  Rec.  d'Ant.,  v.,  pi.  83,  No. 
6.)— 11.  (Arat.,  Bios.,  321.— Ovid,  Met.,  vii.,  119— Varro,  De 
Re  Rust.,  i.,  29. — (Jolum.,  De  Re  Rust.,  ii.,  4.) 
80 


went  the  "  proscissio"  was  called  ven.mclum  or  no- 
vale  (veoe),  and  in  this  process  the  coulter  was  em- 
ployed, because  the  fresh  surface  was  entangled 
with  numberless  roots,  which  required  u  De  divided 
before  the  soil  could  be  turned  up  by  the  share.1 
The  term  "  offringere,"  from  6b  and  frangere,  was 
applied  to  the  second  ploughing,  because  the  long 
parallel  clods  already  turned  up  were  broken  and 
cut  across,  by  drawing  the  plough  through  them  al 
right  angles  to  its  former  direction.2  The  field 
which  underwent  this  process  was  called  ager  itera- 
tus — diiro/ioc:.3  After  the  second  ploughing,  the  sow- 
er cast  his  seed.  Also  the  clods  were  often,  though 
not  always,  broken  still  farther  by  a  wooden  mallet, 
or  by  harrowing  (pecatid).  The  Roman  ploughman 
then,  for  the  first  time,  attached  the  earth-boards  to 
his  share  (tabula  adneza*).  The  effect  of  this  ad- 
justment was  to  divide  the  level  surface  of  the 
"ager  iteratus"  into  ridges.  These  were  called 
porca,  and  also  lira,  whence  came  the  verb  lirare, 
to  make  ridges,  and  also  delirare,  to  decline  from  the 
straight  line.5  The  earth-boards,  by  throwing  the 
earth  to  each  side  in  the  manner  already  explained, 
both  covered  the  newly-scattered  seed,  and  formed 
between  the  ridges  furrows  (avlanec,  sulci)  for  car- 
rying off  the  water.  In  this  state  the  field  was  call- 
ed seges  and  Tpiizolog.  The  use  of  this  last  term 
by  Homer  and  Hesiod  proves  that  "the  triple  plough  ■ 
ing  was  practised  as  early  as  their  age. 

When  the  ancients  ploughed  three  times  only,  i' 
was  done  in  the  spring,  summer,  and  autumn  of  the 
same  year.  But,  in  order  to  obtain  a  still  heaviei 
crop,  both  the  Greeks  and  the  Romans  ploughed 
four  times,  the  proscissio  being  performed  in  the 
latter  part  of  the  preceding  year,  so  that  between 
one  crop  and  another  two  whole  years  intervened.1 
A  field  so  managed  was  called  TETpdnolog.1 

When  the  ploughman  had  finished  his  day's  .a- 
bour,  he  turned  the  instrument  upside  down,  and  me 
oxen  went  home  dragging  its  tail  and  handle  over 
the  surface  of  the  ground — a  scene  exhibited  to  us  in 
the  following  lines : 

"  Videre  fessos  vomer  em,  inversum  boves 
Collo  trahentes  languido  /"8 

The.  Greeks  and  Romans  commonly  employed 
oxen  in  ploughing;  but  they  also  used  asses  foi 
light  soils.9  The  act  of  yoking  together  an  ox  and 
an  ass,  which  was  expressly  forbidden  by  the  law 
of  Moses,10  is  made  the  ground  of  a  ludicrous  com- 
parison by  Plautus.11  Ulysses,  when  he  feigned 
madness  in  order  to  avoid  going  on  the  Trojan  ex- 
pedition, ploughed  with  an  ox  and  a  horse  togeth- 


er 


12 


A  line  has  been  already  quoted  from  Ovid's  Fasti, 
which  mentions  the  use  of  the  plough  by  Romulus 
for  marking  the  site  of  Rome.  On  this  occasion  a 
white  bull  and  a  white  cow  were  yoked  together: 
"  Alba  jugum  niveo  cum  bove  vacca  tulit."13  Besides 
this  ceremony  at  the  foundation  of  cities  or  colo- 
nies, the  plough  was  drawn  over  the  walls  when 
they  were  conquered  by  the  Romans.14 

AR'BITER.     (Vid.  Judex.) 

ARBITRA'RIA  ACTIO.    (Vid.  Actio,  p.  17.) 

*ARBTJTUM  (fu/Lta'iKvlov  or  nufiapov),  the  fruit 
of  the  Wild  Strawberry-tree,  or  Arbutus.  It  has 
very  much  the  appearance  of  our  strawberry,  e  r- 
cept  that  it  is  larger,  and  has  not  the  seeds  on  the 
outside  of  the  pulp,  like  that  fruit.  The  arbute-tree 
grows  plentifully  in  Itaiy,  and  the  poets  have  sup- 
posed  that  the  early  race  of  men  lived  on  acorns 
and  the  fruit  of  this  tree  before  the  discovery  and 

1.  (Plin.,  H.  N.,  xviii.,  49.)— 2.  (Plin.,  1.  c— Virg.,  Georg.,  i 
97,  98.— Festus,  s.  v.  Offringi.)— 3.  (Cic,  De  Orat.,  ii.,  30.)— 4 
(Plin.,  1.  c.)— 5.  (Col.,  1.  c.)— 6.  (Theophrast.,  De  Caus.  PI, 
iii.,  5.— Virg-.,  Georg.,  i.,  47-19.)— 7.  (Theocr.,  xxv.,  26.)— 8. 
(Hor.,  Epod.,  ii.,  63.)— 9.  (Varro,  De  Re  Rust.,  ii.,  6.— Plin.,  H. 
N.,  viii.,  68.— Col.,  vii.,  1.)— 10.  (Deut.,  xxii.,  10.)— 11.  (Aul., 
ii.,  2,  51-58.)— 12.  (Hygin.,  Fab.,  95.)  — 13.  (Compare  Virg., 
^En.,  v.,  755.— Cic,  Phil.,  ii.,  40.)— 14.  (Hor.,  Od.,  i.,  16,  20.*- 
Propert.,  iii.,  7,  41.) 


ARCERA. 


ARCHIATER. 


cultivation  ox"  corn.  The  berries  of  the  arbute, 
however,  are  hardly  eatable:  when  taken  in  too 
great  quantities,  they  are  said  to  be  narcotic ;  and 
Pliny  informs  us  that  the  term  unedo  was  familiarly 
applied  to  the  fruit  of  this  tree,  because  it  was  un- 
gate to  eat  more  than  one  {wrws,  "one,"  and  edo, 
"to  eat"1).  The  same  writer2  describes  the  fruit 
as  indigestible  and  unwholesome,  and  yet,  in  the 
inland  of  Corsica,  an  agTeeable  wine  is  said  to  be 
prepared  from  it.  The  term  unedo  was  also  given 
*o  the  tree  itself,  and  this  is  retained  in  the  Lin- 
lasan  nomenclature,  Arbutus  unedo.  The  peculiar 
properties  ascribed  to  the  fruit  of  the  arbute-tree 
ixist  in  several  other  plants  of  the  same  order. 
Their  general  qualities  are  said  to  be  astringent 
'ind  diuretic.  The  Ledum,  paluslre  renders  beer 
4eavy  when  used  in  the  manufacture  of  that  bev- 
fiage;  Rhododendron  ponticum  and  maximum,  Kab- 
viia  latifolia,  and  some  others,  are  well  known  to 
it.  venomous.  The  honey  which  poisoned  some 
tf  the  soldiers  in  the  retreat  of  the  ten  thousand 
trough  Pontus,  was  gathered  by  bees  from  the 
flowers  of  the  Azalea  pontica.  The  shoots  of  An- 
dromeda ovalifolia  poison  goats  in  Nipal.3  (Vid. 
Akbutts.") 

♦ARB'UTTJS  (KOfxapoe),  the  Arbute  or  Wild 
Strawberry-tree,  Arbutus  unedo,  L.  Its  fruit  is  call- 
ed in  Latin  arbutwm,  in  Greek  nbfiapov  and  fiifiaiKv- 
"kov,  and  in  English  the  wild  strawberry,  from  the 
resemblance  it  bears  to  that  well-known  berry. 
(  Vid.  Arbutum.)  Virgil,  in  speaking  of  the  Arbute- 
tree,  uses  the  epithet  horrida*  about  the  meaning  of 
which  commentators  are  not  agreed.5  The  best 
opinion,  however,  is  that  which  refers  the  term  in 
question  to  the  mggedness  of  the  bark,  which  is  the 
sense  in  which  Servius  also  seems  to  take  it.6  Fee, 
however,  is  for  making  the  epithet  apply  to  the  rough, 
astringent  taste  of  the  arbute.  In  fact,  the  leaves, 
lark,  and  fruit  afford  a  very  strong  astringent,  and 
are  used  for  this  purpose  in  medicine. — There  does 
not  seem  to  be  any  notice  of  the  Fragaria  vesca,  or 
Wood  Strawberry,  in  the  Greek  classics.  It  is  de- 
scribed by  Pliny,  and  had  been  previously  men- 
tioned by  Ovid.7 

A  RCA  (klBotoc),  a  chest  or  coffer,  is  used  in 
several  significations,  of  which  the  principal  are, 

I.  A  chest,  in  which  the  Romans  were  accus- 
tomed to  place  their  money;  and  the  phrase  ex  area 
solvere  had  the  meaning  of  paying  in  ready  money. 
When  Cicero  presses  Atticus  to  send  him  some 
statues  from  Greece,  he  says,  "  Ne  dubitaris  mittere 
et  area,  nostra  conjidito."6  These  chests  were  either 
made  of  or  bound  with  iron  or  other  metals.9  The 
term  arcae  was  usually  applied  to  the  chests  in 
which  the  rich  kept  their  money,  and  was  opposed 
to  the  smaller  loculi,10  sacculus,11  and  crumena. 

II.  The  Arca  was  frequently  used  in  later  times 
as  equivalent  to  the  jiscus,  that  is,  the  imperial 
treasury.12 

III.  The  Arca  also  signified  the  coffin  in  which 
persons  were  buried,13  or  the  bier  on  which  the 
corpse  was  placed  previously  to  burial.1* 


IV.  The  Arca  was  also  a  strong  cell  made  of 
oak,  in  which  criminals  and  slaves  were  confined.15 
♦ARKEUTHOS.  (Vid.  Juniperus.) 
AR'CERA  was  a  covered  carriage  or  litter, 
spread  with  cloths,  which  was  used  in  ancient  times 
in  Rome  to  carry  the  aged  and  infirm.  It  is  said  to 
have  obtained  the  name  of  arcera  on  account  of  its 
resemblance  to  an  area.16 

1.  (Plin.,  H.  N.,  xix.,  24.)— 2.  (xiiii.,  8.)— 3.  (Lindley's  Bot- 
any, p.  180.)— 4.  (Georg.,  ii.,  69.)— 5.  (Fee,  Flore  de  Virgile,  p. 
n.,  seq.)— 6.  (in  Virg.,  1.  c. — Martyn  in  Virg.,  Georg.,  ii.,  69.) 
—7.  (Adams,  Append.,  s.  v.  Kdjiapos-) — 8.  (Cic.  ad  At.,  i.,  9. — 
Compare  Colum.,  iii.,  3.  "  Ea  res  arcam  patrisfamilias  exhau- 
nt.")—  9.  (Juv.,  xi.,  26;  xiv.,  259.)— 10.  (Juv.,  i.,  89.)— 11. 
(Juv..  xi.,  26.)— 12.  (Symm.,  x.,  33.— Compare  Dig.  50,  tit.  4,  s. 
1.)— 13.  (Aur.  Vjct..  de  Vir.  111.,  c.  42.— Lucan,  viii.,  736.)— 14. 
(Dig.  2,  tit.  7,s.  7.)— 15.  (Cic,  pro  Milon.,  c.  22.— Festus;,  s.  v. 
Robura  )-  -16.  (Varro,  de  Ling.  Lat.,  iv.,  31. — Gell.,  xx.,  1.) 
L 


ARCHAIRES'IAI  (upxaipeciai)  were  the  assem. 
blies  of  the  people  which  were  held  for  the  election 
of  those  magistrates  at  Athens  who  were  not  chosen 
by  lot.  The  principal  public  officers  were  chosen 
by  lot  (kItjputoi),  and  the  lots  were  drawn  annually 
in  the  temple  of  Theseus  by  the  thesmothetae.  Of 
those  magistrates  chosen  by  the  general  assembly 
of  the  people  (x^tpoTovrjToi),  the  most  important 
were  the  strategi,  taxiarchi,  hipparchi,  and  phylar- 
chi.  The  public  treasurers  (-a/iiac),  and  all  the 
officers  connected  with  the  collection  c  f  the  tribute, 
all  ambassadors,  commissioners  of  works,  &c, 
were  appointed  in  the  same  manner. 

The  people  always  met  in  the  Pnyx  for  the  elec- 
tion of  these  magistrates,  even  in  later  times,  when 
it  became  usual  to  meet  for  other  purposes  in  the 
Temple  of  Dionysus.1  It  is  not  certain  at  what 
time  of  the  year  they  m  .>  for  this  purpose,  nor  who 
presided  over  the  assembly,  but  most  probably  the 
archons.  The  candidates  for  these  offices,  especi- 
ally for  that  of  strategus,  had  recourse  to  bribery  and 
corruption  to  a  great  extent,  although  the  laws 
awarded  capital  punishment  to  that  offence,  which 
was  called  by  the  Athenians  deKacrfj.be.  The  can- 
vassing of  the  electors  and  the  solicitation  of 
their  votes  was  called  apxaipeciu&iv.  The  magis- 
trates who  presided  over  the  assembly  mentioned 
the  names  of  the  candidates  (irpoScrtlecsdai2),  and 
the  people  declared  their  acceptance  or  rejection  of 
each  by  a  show  of  hands.  They  never  appear  to 
have  voted  by  ballot  on  these  occasions. 

Those  who  were  elected  could  decline  the  office, 
alleging  upon  oath  some  sufficient  reason  why  they 
were  unable  to  discharge  its  duties,  such  as  labour- 
ing under  a  disease,  &c. :  the  expression  for  this 
was  e^ouvvadai  ttjv  dpxijv,  or  rrjv  xeiporoviav*  If, 
however,  an  individual  accepted  the  office  to  which 
he  was  chosen,  he  could  not  enter  upon  the  dis- 
charge of  his  duties  till  he  had  passed  his  exami- 
nation (dc-Kifiaoia)  before  the  thesmothetee.  If  he 
failed  in  passing  his  examination  (aTrodoKifiaadijvai), 
he  incurred  a  modified  species  of  uriuia*  All  pub- 
lic officers,  however,  were  subject  to  the  enixeipo- 
rovta,  or  confirmation  of  their  appointment  by  each 
successive  prytany  at  the  commencement  of  its 
period  of  office,  when  any  magistrate  might  be 
deprived  of  his  office  (anoxeipoTovElcdat).  In  the 
Attic  oraicrs,  we  not  unfrequently  read  of  individu- 
als being  thus  deprived  of  their  offices.5  (Vid. 
Archon,  p.  83.) 

♦ARKEION.  I  Vid.  Arktion.) 
ARCHEION  (ipxetuv)  properly  means  any  pub- 
lic place  belonging  to  the  magistrates,  but  is  more 
particularly  applied  to  the  archive  office,  where  the 
decrees  of  the  people  and  other  state  documents 
were  -  ^served.  This  office  is  sometimes  called 
mere! ..  dq/bLoawv.6  At  Athens  the  archives  were 
kept  in  me  temple  of  the  mother  of  the  gods  (firj- 
rpepov),  and  the  charge  of  it  was  intrusted  to  the 
president  (eiucTaTTjc)  of  the  senate  of  the  Five 
Hundred.7 

ARCHIA'TER  (dpxiarpoc,  compounded  of  dpxbc 
or  apx^v,  a  chief,  and  larpbq,  a  physician),  a  medi- 
cal title  under  the  Roman  emperors,  the  exact 
signification  of  which  has  been  the  subject  of  much 
discussion  ;  for  while  some  persons  interpret  it 
"the  chief"  of  the  physicians"  (quasi  apx^v  rCiv 
larpuv),  others  explain  it  to  mean  "  the  physician 
to  the  prince"  (quasi  tov  upxovroc  iarpoc).  Upon 
the  whole,  it  seems  much  more  probable  that  the 
former  is  the  true  meaning  of  the  word,  and  fof 
these  reasons:   1.  From  its  etymology  it  cannot 

1.  (Pollux,  viii.,  134.)— 2.  (Demosth.,  De  Coron.,  p.  277.)— 3. 
(Demosth.,  Trtpt  Ylapairp.,  p.  379.)— 4.  (Demosth.  in  Aristog.,  i 
p.  779.)_5.  (Vid.  Demosth.,  c.  Timoth.,  p.  1187  ;   c.  Theocrin. 
p.  1330.— Dir  arch,  in  Philocl.,  c.  4.— Compare  Schomann,  d« 
Comitiis  Ath.(  p.  320  330.)— 6.  (Demosth.,  De  Cor.,  p  275.)— 7 
(Demosth.,  ttw  Uapairp.,?.  381  ;  in  Aristog..  i.,  p.  799-  Pam 


ARCHIATExt. 


ARCHON. 


possibly  have  any  other  sense,  and  of  all  the  words 
similarly  formed  (apxt-renTuv,  apxiTpinlivoc,  dpxt- 
eTzioKoiros,  &c.)  there  is  not  one  that  has  any  refer- 
ence to  "  the  prince."  2.  We  find  the  title  applied 
to  physicians  who  lived  at  Edessa,  Alexandrea,  &c, 
where  no  king  was  at  that  time  reigning.  3.  Ga- 
len1 speaks  of  Andromachus  being  appointed  "to 
rule  over"  the  physicians  (dpxeiv),  i.  e.,  in  fact,  to  be 
"  archiater."  4.  Augustine2  applies  the  word  to 
iEsculapius,  and  St.  Jerome  (metaphorically,  of 
course)  to  our  Saviour,3  in  both  which  cases  it  evi- 
dently means  "  the  chief  physician."  5.  It  is  ap- 
parently synonymous  with  protomedicus,  supra  medi- 
cos, doiniruus  medicorum,  and  superpositus  medicorum, 
all  which  expressions  occur  in  inscriptions,  &c  6. 
We  find  the  names  of  several  persons  who  were 
physicians  to  the  emperor  mentioned  without  the 
addition  of  the  title  archiater.  7.  The  archiatri 
were  divided  into  A.  saneti  palatii,  who  attended 
on  the  emperor,  and  A.  populares,  who  attended  ori 
the  people ;  so  that  it  is  certain  that  all  those  who 
bore  this  title  were  not  "  physicians  to  the  prince." 
The  chief  argument  in  favour  of  the  contrary  opin- 
ion seems  to  arise  from  the  fact,  that  of  all  those 
who  are  known  to  have  held  the  office  of  A.,  the 
greater  part  certainly  were  physicians  to  the  em- 
peror as  well ;  but  this  is  only  what  might,  a  priori, 
be  expected,  viz.,  that  those  who  had  attained  the 
highest  rank  in  their  profession  would  be  chosen  to 
attend  upon  the  prince  (just  as  in  England  the 
President  of  the  College  of  Physicians  is  ex-ofhcio 
physician  to  the  sovereign). 

The  first  person  whom  we  find  bearing  this  title 
is  Andromachus,  physician  to  Nero,  and  inventor 
of  the  Theriaca.*    (  Vid.  Theriaca.)     But  it  is  not 
known  whether  he  had  at  the  same  time  any  sort 
of  authority  over  the  rest  of  the  profession.    In 
fact,  the  history  of  the  title  is  as  obscure  as  its 
meaning,  and  it  is  chiefly  by  means  of  the  laws 
respecting  the  medical  profession  that  we  learn  the 
rank  and  .duties  attached  to  it.    In  after  times  (as 
was  stated  above)  the  order  appears  to  have  been 
divided,  and  we  find  two  distinct  classes  of  archia- 
tri, viz.,  those  of  the  palace  and  those  of  the  people.8 
The  A.  saneti  palatii  were  persons  of  high  rank, 
who  not  only  exercised  their  profession,  but  were 
judges  on  occasion  of  any  disputes  that  might  oc- 
cur among  the  physicians  of  the  place.    They  had 
certain  privileges  granted  to  them,  e.  g.,  they  were 
exempted  from  all  taxes,  and  their  wives  and  chil- 
dren also  ;  were  not  obliged  to  lodge  soldiers  or 
others  in  the  provinces ;  could  not  be  put  in  prison, 
&c. ;   for,  though  these  privileges  seem  at  first  to 
have  been  common  to  all  physicians,6  yet  after- 
ward they  were  confined  to  the  A.  of  the  palace 
and  to  those  of  Rome.    When  they  obtained  their 
dismissal  from  attendance  on  the  emperor,  either 
from  old  age  or  any  other  cause,  they  retained  the 
title  ex-archiatri  or  ex-archiatris.7    The  A.  popularer 
were  established  for  the  relief  of  the  poor,  and  each 
city  was  to  be  provided  with  five,  seven,  or  ten,  ac- 
cording to  its  size.8     Rome  had  fourteen,  besides 
one  for  the  vestal  virgins,  and  one  for  the  gymnasia.9 
They  were  paid  by  the    government,    and   were 
therefore  obliged  to  attend  their  poor  patients  gra- 
tis, but  were  allowed  to  receive  fees  from  the  rich.10 
The  A.  populares  were  not  appointed  by  the  gov- 
ernors of  the  provinces,  but  were  elected  by  the 
people  themselves.11     The  office  appears  to  have 
been  more  lucrative  than  that  of  A.  s.  pal.,  though 
less  honourable.     In  later  times,  we  find  in  Cassio- 
dorus11  the  title  "  comes  archiatrorwm"  "  count  of  the 

1.  (De  Ther.  ad  Pis.,  c.  1.)— 2.  (De  Civit.  Dei,iii.,  17.)— 3. 
(xiii.,  Horn,  in  S.  Luc.)— 4.  (Galen,  1.  c. — Erotian.,  Lex  Voc. 
Hippocr.,  in  Praef.) — 5.  (Cod.  Theodos.,  xiii.,  tit.  3,  De  Medicis 
et  Professoribus.) — 6.  (Cod.  Just.,  x.,  tit.  52,  s.  6,  Medicos  et 
maxime  Archiatros.) — 7.  (Constantin.,  Cod.  x.,  tit.  52,  leg-.  6.) — 
.  8.  (Dig-.  27,  tit.  1,  s.  6.)— 9.  (Cod.  Theodos.,  1.  c.)— 10.  (Cod. 
Theodos.,  1.  c.)— 11.  (Dig.  50,  tit.  9,  s.  1.)— 12.  (Vid.  Meibom., 
Comment,  in  Can*.  Formul.  Arclnatr.,  Helmst.,  1668.) 

82 


archiatri,"  together  with  an  account  of  his  dunes' 
by  which  it  appears  that  he  was  the  arbiter  and 
judge  of  all  disputes  and  difficulties,  and  ranked 
among  the  officers  of  the  Empire  as  a  vicarius  or  dux.1 

ARCHIMFMUS.    {Vid.  Mimus.) 

ARCHITECTU'RA.  (Vid.  Amphitheatrum, 
Aau£j  Ductus,  Arcus,  Basilica,  Bath,  Housk, 
Tjeaiple  &c  ^ 

ARCHITHEO'ROS.    (Vid.  Theoria.) 

ARCHON  (apxuv).  The  government  of  Athena 
appears  to  have  gone  through  the  cycle  of  changes, 
which  history  records  as  the  lot  of  many  otner 
states.*  It  began  with  monarchy ;  and,  after  pass- 
ing through  a  dynasty  and  aristocracy,  ended  in 
democracy.  (By  dynasty  is  here  meant  that  the 
supreme  power,  though  not  monarchical,  was  con- 
fined to  one  family.)  Of  the  kings  of  Athens,  con- 
sidered as  the  capital  of  Attica,  Theseus  may  be 
fjaid  to  have  been  the  first ;  for  to  him,  whether  as  a 
real  individual  or  a  representative  of  a  certain 
period,  is  attributed  the  union  of  the  different  and 
independent  states  of  Attica  under  one  head.3  The 
last  was  Codrus,  in  acknowledgment  of  whose 
patriotism  in  meeting  death  for  his  country,  the 
Athenians  are  said  to  have  determined  that  no  one 
should  succeed  him  with  the  title  of  fiamTieve,  or 
king.  It  seems,  however,  equally  probable,  that  it 
was  the  nobles  who  availed  themselves  of  this  op- 
portunity to  serve  their  own  interests,  by  abolishing 
the  kingly  power  for  another,  the  possessors  of 
which  they  called  upxovtec,  or  rulers.  These  for 
some  time  continued  to  be,  like  the  kings  of  the 
house  of  Codrus,  appointed  for  life :  still  an  impor- 
tant point  was  gained  by  the  nobles,  the  office 
being  made  vnevdvvoc,  or  accountable,*  which,  of 
course,  implies  that  the  nobility  had  some  control 
over  it ;  and  perhaps,  like  the  barons  of  the  feudal 
ages,  they  exercised  the  power  of  deposition. 

This  state  of  things  lasted  for  twelve  reigns  of 
archons.  The  next  step  was  to  limit  the  continu- 
ance of  the  office  to  ten  years,  still  confining  it  to 
the  Medontid^,  or  house  of  Codrus,  so  as  to  estab- 
lish what  the  Greeks  called  a  dynasty,  till  the  ar- 
chonship  of  Eryxias,  the  last  archon  of  that  family 
elected  as  such.  At  the  end  of  his  ten  years  (B.C. 
684),  a  much  greater  change  took  place :  the  ar- 
chonship  was  made  annual,  and  its  various  duties 
divided  among  a  college  of  nine,  chosen  by  suffrage 
(XeipoTovta)  from  the  Eupatridae,  or  Patricians,  and 
no  longer  elected  from  the  Medontidss  exclusively. 
This  arrangement  continued  till  the  timocracy  es- 
tablished by  Solon,  who  made  the  qualification  for 
office  depend  not  on  birth,  but  property,  still  retain- 
ing the  election  by  suffrage,  and,  according  to  Plu- 
tarch, so  far  impairing  the  authority  of  the  archons 
and  other  magistrates  as  to  legalize  an  appeal  from 
them  to  the  courts  of  justice  instituted  by  himself8 
The  election  by  lot  is  believed  to  have  been  introdu- 
ced by  Clei*fl  nes  (B.C.  508)  ;6  for  we  find  this  prac- 
tice existir  (  y  after  his  time ;  and  Aristotle  ex- 
pressly states  tnat  Solon  made  no  alteration  in  the 
alpeoic,  or  mode  of  election,  but  only  in  the  qualifica- 
tion for  office.  If,  however,  there  be  no  interpolation 
in  the  oath  of  the  Heliasts,7  we  are  forced  to  the  con- 
clusion that  the  election  by  lot  was  as  old  as  the  time 
of  Solon ;  but  the  authority  of  Aristotle  and  other  ev- 
idence strongly  incline  us  to  some  such  supposition, 
or,  rather,  leave  no  doubt  of  its  necessity.  The  last 
change  is  supposed  to  have  been  made  by  Aristei- 
des,8  who,  after  the  battle  of  Platasa  (B.C.  479), 

1.  ( Vid.  Le  Clerc,  and  Spreng-el,  Hist,  de  la  Med.)— 2.  (Vico, 
Scienza  Nuova. — Phil.  Mus.,  vol.  ii.,  p.  627.— Arnold,  Thucyd., 
Append.)— 3.  (Thucyd.,  ii.,  15.)— 4.  (Paus.,  ii.,  5,  t>  10.— Dp 
mosth.,  Neser.,  1370.— Aristot.,  Polit.,  ii.,  9— Bockh,  Pub.  Econ 
of  Athens,  ii.,  p.  27,  transl.) — 5.  ("Oaa  rais  apxa]s  £Ta\t  Kpivciv 
hvoiws  icdl  irtpi  tKcivuv,  ei$  t6  StKaar/jpiov,  i(pioti<;  Uoikzv. 
Plutarch,  Solon.,  18.)— 6.  (Herod.,  vf.,  c.  109.)— 7.  (Demosth 
Timocr.,  p.  747.) — 8.  {Tpn<pa  xpfj(piap:a  koivyiv  clvai  r^v  Tro'Xir 
uav,  Kal  rovs  a'px0VTai  Q  'Adnvaiwv  Travrwv  atpciadai.  Flu 
tarch,  Arista 


ARCHON. 


ARCHON. 


abolished  the  property  qualification,  throwing  open 
the  archonship  and  other  magistracies  to  all  the  citi- 
zens, that  is,  to  the  Thetes  as  well  as  the  other 
classes,  the  former  of  whom  were  not  allowed  by 
Solon's  laws  to  hold  any  magistracy  at  all ;  in  con- 
formity with  which,  we  find  that,  even  in  the  time 
of  Aristeides,  the  archons  were  chosen  by  lot  from 
the  wealthiest  class  of  citizens  (o*  nevTaKoaiofiedi/x- 

VOJ1). 

Still,  after  the  removal  of  the  old  restrictions, 
seme  security  was  left  to  ensure  respectability;  for, 
previously  to  an  archon  entering  on  office,  he  un- 
derwent nn  examination,  called  the  avaxpio-ig,*  as  to 
his  being  a  legitimate  and  a  good  citizen,  a  good 
son,  and  qualified  in  point  of  property :  el  exet  to 
TL/jLTjfia ;  was  the  question  put.  Now  there  are3 
strong  reasons  for  supposing  that  this  form  of  ex- 
amination continued  even  after  the  time  of  Aris- 
teides ;  and  if  so,  it  would  follow  that  the  right  in 
question  was  not  given  to  the  Thetes  promiscuous- 
ly, but  only  to  such  as  possessed  a  certain  amount 
of  property.  But  even  if  it  were  so,  it  is  admitted 
that  this  latter  limitation  soon  became  obsolete ;  for 
we  read  in  Lysias*  that  a  needy  old  man,  so  poor 
as  to  receive  a  state  allowance,  was  not  disqualified 
from  being  archon  by  his  indigence,  but  only  by 
bodily  infirmity ;  freedom  from  all  such  defects  be- 
ing required  for  the  office,  as  it  was  in  some  re- 
spects of  a  sacred  character.  Yet,  even  after  pass- 
ing a  satisfactory  avdicptcnc,  each  of  the  archons,  in 
common  with  other  magistrates,  was  liable  to  be 
deposed,  on  complaint  of  misconduct  made  before 
the  people,  at  the  first  regular  assembly  in  each 
prytany.  On  such  an  occasion,  the  ETuxeipoTovia, 
as  it  was  called,  took  place ;  and  we  read5  that,  in 
one  case,  the  whole  college  of  archons  was  deprived 
of  office  (aTrexeipoTovydii)  for  the  misbehaviour  of 
one  of  their  body :  they  were,  however,  reinstated, 
on  promise  of  better  conduct  for  the  future.  (  Vid. 
Arciiairesiai.) 

With  respect  to  the  later  ages  of  Athenian  histo- 
ry, we  learn  from  Strabo6  that  even  in  his  day 
(fiexpi  vvv)  the  Romans  allowed  the  freedom  of 
Athens ;  and  we  may  conclude  that  the  Athenians 
would  fondly  cling  to  a  name  and  office  associated 
wiih  some  of  their  most  cherished  remembrances. 
That  the  archonship,  however,  though  still  in  ex- 
istence, was  merely  honorary,  we  might  expect 
from  the  analogy  of  the  consulate  at  Rome ;  and, 
indeed,  we  learn  that  it  was  sometimes  filled  by 
strangers,  as  Hadrian  and  Plutarch.  Such,  more- 
over, was  the  democratical  tendency  of  the  assem- 
bly and  courts  of  justice  established  by  Solon,7 
that,  even  in  earlier  times,  the  archons  had  lost  the 
great  political  power  which  they  at  one  time  pos- 
sessed,8 and  that,  too,  after  the  division  of  their 
functions  among  nine.  They  became,  in  fact,  not, 
as  of  old,  directors  of  the  government,  but  merely 
municipal   magistrates,  exercis'-  :tions   and 

bearing  titles  which  we  will  proccu  to  describe. 

It  has  been  already  statedf  that  the  duties  of  the 
single  archon  were  shared  by  a  college  of  nine. 
The  first,  or  president  of  this  body,  was  called  up- 
Xiov  by  way  of  pre-eminence  ;  or  upx^v  ewuvvfiog, 
from  the  year  being  distinguished  by  and  registered 
hi  his  name.  The  second  was  styled  upxuv  (3a<j- 
fXruc,  or  the  king  archon  ;  the  third,  nohefiapxoc,  or 
commander-in-chief ;  the  remaining  six,  tieGficdtTai, 
or  legislators.  As  regards  the  duties  of  the  archons, 
it  is  sometimes  difficult  to  distinguish  what  belong- 
ed to  them  individually  and  what  collectively.'  ft 
seems,  however,  that  a  considerable  portion  "of  the 


1.  (Plut.,  Arist.,  ad  init.)— 2.  (Pollux,  Onom.,  viii.,  96.— Di- 
nar., c.  Aristog.,  p.  107 ;  roii?  ivvia  apxovras  dvaKplvcrc  d 
Yoiias  cv  -Roiovmv.  Demosth.,  Eubul.,  1320.) — 3.  (SchSmann, 
De  Comit.  Ath.,  296,  transl— Bockh,  ii.,  277.)— 4.  ({inip  tov 
'Atwdrov,  p.  169.)— 5.  (Demosth.,  c.  Theocr.,  1330.— Pollux, 
mi.,  95.— Harpocr.  in  Kvpia  fKK\rjoia.)—G.  (ix.,  c.  1.)— 7.  (Plut. 
n  vita.)— 8.  (Thucyd., ,.,  126.)— 9.  (Schomann,  174,  transl.) 


judicial  functions  of  the  ancient  kings  devolved 
upon  the  upx^v  enuvv/iog,  who  was  also  constituted 
a  sort  of  state  protector  of  those  who  were  unable 
to  defend  themselves.1  Thus  he  was  to  superintend 
orphans,  heiresses,  families  losing  their  representa- 
tives (oikoi  ol  E^epr/fLovfj,evoi),  widows  left  pregnant, 
and  to  see  that  they  were  not  wronged  in  any  way. 
Should  any  one  do  so,  he  was  empowered  to  inflict 
a  fine  of  a  certain  amount,  or  to  bring  the  parties  to 
trial.  Heiresses,  indeed,  seem  to  have  been  under 
his  peculiar  care ;  for  we  reada  that  he  could  com- 

Eel  the  next  of  kin  either  to  marry  a  poor  heiress 
imself,  even  though  she  were  of  a  Jswer  class,  or 
to  portion  her  in  marriage  to  another.  Again,  we 
find3  that,  when  a  person  claimed  an  inheritance 
or  heiress  adjudged  to  others,  he  summoned  the 
party  in  possession  before  the  archon  eponymus, 
who  brought  the  case  into  court,  and  made  arrange- 
ments for  trying  the  suit.  We  must,  however,  bear 
in  mind  that  this  authority  was  only  exercised  in 
cases  where  the  parties  were  citizens,  the  pole- 
march  having  corresponding  duties  when  the  neir- 
ess  was  an  alien.  It  must  also  be  understood  that, 
except  in  very  few  cases,  the  archons  did  not  decide 
themselves,  but  merely  brought  the  causes  into 
court,  and  cast  lots  for  the  dicasts  who  were  to  try 
the  issue.*  Another  duty  of  the  archons  was  to  re- 
ceive ciaayyiTuai,  or  informations  against  individu- 
als who  had  wronged  heiresses,  children  who  had 
maltreated  their  parents,  guardians  who  had  neg- 
lected or  defrauded  their  wards.5  Informations  of 
another  kind,  the  evdeit-ig  and  (pucric,  were  also  laid 
before  the  eponymus,  though  Demosthenes  assigned 
the  former  to  the  thesmothetae.  The  last  office  of 
the  archon  which  we  shall  mention  was  of  a  sacred 
character ;  we  allude  to  his  superintendence  of  the 
greater  Dionysia  and  the  Thargelia,  the  latter  cele- 
brated in  honour  of  Apollo  and  Artemis. 

The  functions  of  the  upxuv  fiaouevc  were  almost 
all  connected  with  religion :  his  distinguishing  title 
shows  that  he  was  considered  a  representative  of 
the  old  kings  in  their  capacity  of  high-priest,  as  the 
Rex  Sacrificulus  was  at  Rome.  Thus  he  presided 
at  the  Lensean,  or  older  Dionysia;  superintended  the 
mysteries  and  the  games  called  lafinadrityopiai,  and 
had  to  offer  up  sacrifices  and  prayers  in  the  Eleu- 
sinium,  both  at  Athens  and  Eleusis.  Moreover,  in- 
dictments for  impiety,  and  controversies  about  the 
priesthood,  were  laid  before  him ;  and,  in  cases  of 
murder,  he  brought  the  trial  into  the  court  of  the  arei- 
opagus,  and  voted  with  its  members.  His  wife,  also, 
who  was  called  ^aalXtcca,  had  to  offer  certain  sac- 
rifices, and  therefore  it  was  required  that  she  should 
be  a  citizen  of  pure  blood,  without  stain  or  blemish. 
His  court  was  held  in  what  was  called  #  tov  (3ac- 
ikeug  otou* 

The  polemarch  was  originally,  as  his  name  de- 
motes, the  commander-in-chief;7  and  we  find  him 
discharging  military  duties  as  late  as  the  battle  of 
Marathon,  in  conjunction  with  the  ten  oTparriyol : 
he  there  took,  like  the  kings  of  old,  the  command 
of  the  right  wing  of  the  army.  This,  however, 
seems  to  be  the  last  occasion  on  record  of  this  ma- 
gistrate, appointed  by  lot,  being  invested  with  such 
important  functions ;  and  in  after  ages  we  find  that 
his  duties  ceased  to  be  military,  having  been  in  a 
great  measure  transferred  to  the  protection  and  su- 
perintendence of  the  resident  aliens,  so  that  he  re- 
sembled in  many  respects  the  praetor  peregrinus  at 
Rome.     In  fact,  we  learn  from  Aristotle,  in  his 

1.  (Demosth.,  Macar.,  N^o?,  p.  1076.— Pollux,  viii  ,  89.)— 2. 
(Demosth.,  Macar.,  p.  1052.)— 3.  (Id.,  p.  lOS'i.— Pollux,  Onom., 
yiii.,  52.) — 4.  (Demosth.,  c.  Steph.,  2,  p.  1136.)— 5.  (Kdicwoif 
imitX/jpov,  yoviaiv,  6p<pavG)v.  Pollux,  Onom.,  viii.,  48,  49. — De 
mosth.,  Timocr.,  707. — SchSmann,  174.) — 6.  (Demosth.,  Lacr., 
940.— Androt.,  601.— Neaera,  1370.— Lysias,  And.,  103,  where  thf 
duties  are  enumerated. — Elmsley  ad  Aristoph.,  Acharn.,  1143,  «. 
scholia. — Clinton,  F.  H.,  468,  4. — Harpocr.  in  'Er./jeA/jrifo  run 
p.v(Trr)piu)v-  Plato.  Euthv.  et  Theset.,  ad  fin. — Pollux.  Onom,, 
viii.,  90.)— 7.  (Herod.,  vL  109,  111.— Pollux.  Onom.,  viii.,  91.) 

88 


ARCHON. 


ARKTOS. 


44  Constitution  of  Athens,"  that  the  polemarch  stood 
in  the  same  relation  to  foreigners  as  the  archon  to 
citizens.1  Thus,  all  actions  affecting  aliens,  the 
isoteles  and  proxeni,  were  brought  before  him  pre- 
viously to  trial ;  as,  for  instance,  the  61kti  aitpoo- 
raciov  against  a  foreigner  for  living  in  Athens  with- 
out a  patron  ;  so  was  also  the  Slktj  tnroaTaoiov 
against  a  slave  who  failed  in  his  duty  to  the  master 
who  had  freed  him.  Moreover,  it  was  the  pole- 
march's  duty  to  offer  the  yearly  sacrifice  to  Artemis, 
in  commemoration  of  the  vow  made  by  Callimachus 
at  Marathon,  and  to  arrange  the  funeral  games  in 
honour  of  those  who  fell  in  war.  These  three  ar- 
chons,  the  k7v6vvfiog,  ftaoilevc,  and  noteftapxoc,  were 
each  allowed  two  assessors  to  assist  them  in  the 
discharge  of  their  duties. 

The  thesmothetae  were  extensively  connected 
with  the  administration  of  justice,  and  appear  to 
have  been  called  legislators,2  because,  in  the  ab- 
sence of  a  written  code,  they  might  be  said  to  make 
laws,  or  tiec/iot,  in  the  ancient  language  of  Athens, 
though,  in  reality,  they  only  declared  and  explained 
them.  They  were  required  to  review,  every  year, 
the  whole  body  of  laws,  that  they  might  detect  any 
inconsistencies  or  superfluities,  and  discover  wheth- 
er any  laws  which  were  abrogated  were  in  the  public 
records  among  the  rest.3  Their  report  was  submit- 
ted to  the  people,  who  referred  the  necessary  alter- 
ations to  a  legislative  committee  chosen  for  the  pur- 
pose, and  called  vofiodirai. 

The  chief  part  of  the  duties  of  the  thesmothetae 
consisted  in  receiving  informations,  and  bringing 
cases  to  trial  in  the  courts  of  law,  of  the  days  of 
sitting  in  which  they  gave  public  notice.*  They 
did  not  try  them  themselves,  but  seem  to  have  con- 
stituted a  sort  of  grand  jury,  or  inquest.  Thus  they 
received  hde^eig  against  parties  who  had  not  paid 
their  fines,  or  owed  any  money  to  the  state,  and  knay- 
yeXicu  against  orators  guilty  of  actions  which  dis- 
qualified them  from  addressing  the  people  ;  and  in 
default  of  bringing  the  former  parties  to  trial,  they 
lost  their  right  of  going  up  to  the  areiopagus  at  the 
*nd  of  their  year  of  office.5  Again,  indictments  for 
personal  injuries  {v6piwg  ypatyai)  were  laid  before 
them,  as  well  as  informations  against  olive  growers, 
ibr  rooting  up  more  trees  than  was  allowed  to  each 
proprietor  by  law.6  So,  too,  were  the  indictments 
for  bribing  the  Helisea,  or  any  of  the  courts  of  jus- 
tice at  Athens,  or  the  senate,  or  forming  clubs  for 
the  overthrow  of  the  democracy,  and  against  re- 
tained advocates  {avvrjyopoi)  who  took  bribes  either 
in  public  or  private  causes.  Again,  an  information 
was  laid  before  them  if  a  foreigner  cohabited  with 
d.  citizen,  or  a  man  gave  in  marriage  as  his  own 
.laughter  the  child  of  another,  or  confined  as  an 
adulterer  one  who  was  not  so.  They  also  had  to 
refer  informations  (elaayyeTiiai)  to  the  people ;  and 
where  an  information  had  been  laid  before  the  sen- 
ate, and  a  condemnation  ensued,  it  was  their  duty 
to  bring  the  judgment  into  the  courts  of  justice  for 
confirmation  or  revision. 

A  different  office  of  theirs  was  to  draw  up  and 
ratify  the  av/i6oXa,  or  agreements  with  foreign 
states,  settling  the  terms  on  which  their  citizens 
should  sue  and  be  sued  by  the  citizens  of  Athens.7 
In  their  collective  capacity,  the  archons  are  said  to 
have  had  the  power  of  death  in  case  an  exile  re- 
turned to  an  interdicted  place :  they  also  superin- 
tended the  emxcipoTovia  of  the  magistrates,  held 
every  prytany,8  and  brought  to  trial  those  whom  the 

1.  (Demosth.,  Lacr.,  940. —  Arist.  ap.  Harpocr.,  s.  v.  Pole- 
march.— Pollux,  viii.,  v  92,  93.)— 2.  (Thirlwall,  Hist,  of  Greece, 
vol.  ii.,  p.  17.)— 3-  'iEsch.,  c.  Ctesiph.,  59.) — 4.  (Pollux,  Onom., 
viii.,  87,  88.)— 5.  (Demosth.,  Mid.,  529,  530.— Macar..  1075  — 
Timocr.,  707. — Bockh,  vol.  i.,  p.  59  ;  ii.,  p.  72,  transl. — ./Eschin., 
Timarch.,  p.  5.)— 6.  (Demosth.,  c.  Steph.,  ii.,  1137. — Neaera, 
1351,  1363,  1368.— Timocr.,  720.— PcJux,  viii.,  88.— Schomann, 
271.— Bockh,  i.,  259,  317.)— 7.  (Pollux,  Onom.,  viii.,  87.— Har- 
pocr., s.  v.  Karaxttpo^ovia. — Schomann,  224. — Demosth.,  Arist., 
WO.)— -8    (fT-FOotruxTi.  rl  finKFj  Ka\(iK  apyr.iv.) 

84 


people  deposed,  if  an  action  or  indictment  were  the 
consequence  of  it.  Moreover,  they  allotted  the 
dicasts  or  jurymen,  and  probably  presided  at  the 
annual  election  of  the  strategi  and  other  military 
officers. 

In  concluding  this  enumeration  of  the  duties  of 
the  archons,  we  may  remark  that  it  is  necessary  to 
be  cautious  in  our  interpretation  of  the  words  apxij 
and  upxovreg  :  the  fact  is,  that  in  the  Attic  oratora 
they  have  a  double  meaning,  sometimes  referring  to 
the  archons  peculiarly  so  called,  and  sometimes  to 
any  other  magistracy.  Thus,  in  Isaeus,1  we  might, 
on  a  cursory  perusal,  infer,  that  when  a  testator  left 
his  property  away  from  his  heir-at-law,  by  what 
was  technically  called  a  docic,2  the  archon  took  the 
original  will  into  custody,  and  was  required  to  be 
present  at  the  making  of  any  addition  or  codicil  to 
it.  A  more  accurate  observation  proves  that  by  &g 
Ttiv  apxovTuv  is  meant  one  of  the  acrvvofioi,  who 
formed  a  magistracy  (upxv)  as  well  as  the  nine  ar- 
chons. 

A  few  words  will  suffice  for  the  privileges  and 
honours  of  the  archons.3  The  greatest  of  the  for- 
mer was  the  exemption  from  the  trierarchies;  a  boon 
not  allowed  even  to  the  successors  of  Harmodius 
and  Aristogeiton.  As  a  mark  of  their  office,  they 
wore  a  chaplet  or  crown  of  myrtle ;  and  if  any  one 
struck  or  abused  one  of  the  thesmothetaB  or  the 
archon,  when  wearing  this  badge  of  office,  he  be- 
came drt/xog,  or  infamous  in  the  fullest  extent, 
thereby  losing  his  civic  rights.  The  archons,  at  the 
close  of  their  year  of  service,  were  admitted  among 
the  members  of  the  areiopagus.  (Vid.  Areiopagus.) 
The  principal  authority  on  the  subject  of  the  archons 
and  their  duties  is  Julius  Pollux,  in  a  work  called 
'OvofxaariKov  :  he  was  a  professor  of  rhetoric  at 
Athens  in  the  time  of  the  Emperor  Commodus, 
A.D.  190,  to  whom  he  inscribed  his  work,  and  is 
generally  believed  to  have  borrowed  his  information 
from  a  lost  treatise  of  Aristotle  on  the  "Constitution 
of  Athens."  It  is,  however,  necessary  tc  consult 
the  Attic  orators,  as  will  be  seen  from  the  referen- 
ces which  are  given  in  the  course  of  this  article. 
Among  the  modern  writers,  Bockh  and  Schomann 
are  occasionally  useful,  though  they  give  no  regular 
account  of  the  archonship. 

ARCHO'NES  (apXo)V7]g).  The  taxes  at  Athena 
were  let  out  to  contractors,  and  were  frequently 
farmed  by  a  company  under  the  direction  of  an 
apx^v-riq,  or  chief  farmer,  who  was  the  person 
responsible  to  the  state.* 

ARCIFIN'IUS  AGER.     (Vid.  Agrimensores/> 

*ARKTION  and  ARKEION  (apunov  and  tip- 
keiov).  There  is  great  confusion  of  names  and 
uncertainty  in  respect  to  these  plants.  Alston  re- 
marks that  Dioscorides'  description  of  the  apKetov 
agrees  better  with  the  character  of  the  Arctium 
Lappa,  or  Burdock,  than  his  description  of  the 
apKTiov.  Sprengel,  accordingly,  holds  the  former 
to  be  the  Arctium  Lappa,  and  suggests  that  the  latter 
may  be  the  Verbascum  ferrugineum.b 

*ARKTOS  (up/croc).  I.  The  common  Beai,  oi 
Ursus  Arctos,  L.  The  Greeks  and  Romans  could 
scarcely  be  acquainted  with  the  U.  maritimus.  The 
apKToc  of  Aristotle  is  the  ordinary  Brown  Bear,  and 
the  habits  of  the  animal  are  well  described  by  him: 
"  The  bear,"  observes  this  writer,  "  is  an  omnivor- 
ous animal,  and,  by  the  suppleness  of  its  body, 
climbs  trees,  and  eats  the  fruits,  and  also  legumes. 
It  also  devours  honey,  having  nrsB  broken  up  the 
hives ;  crabs,  too,  and  ants  it  eats,  and  also  preys 
upon  flesh."  Aristotle  then  describes  how  the  ani- 
mal attacks  the  stag,  the  boar,  and  even  the  bull.6 — 


1.  (De  Cleonymi  Hsered.) — 2.  (Harpocr.,  s.  v. — Tsseiis,  nepi 
K'Xfjpwv.)— 3.  (Bockh,  ii.,  322.— Demosth.,  Lep.,  462,  464,  465.— 
Mid.,  524.— Pollux,  Onom.,  viii.,  86.) — 4.  (Andoc,  De  Myst.,  p 
65.— Bockh,  Publ.  Econ.  of  Ath.,  vol.  ii.,  p.  26,  28.  53.)— 5.  (Dh 
oscor.,  iv.,  104,  105.— Adams,  Append.,  s.  v.)— 6.  (Anstot.,  « 
A..,  viii..  5. — Penny  Cyclop.,  vol.  iv.,  p.  84.) 


ARCUS. 


ARCUS  TRIUMPHAL1S. 


II.  A  crustaceous  fish,  described  by  Aristotle. 
Most  probably  the  Cancer  Arctus,  or  Broad  Lobster 
of  Pennant.1 

ARCUS  (also  fornix2  and  ica/iapa),  an  arch  sus- 
pended over  the  head  of  an  aperture,  or  carried 
from  one  side  of  a  wall  to  another,  and  serving'  as 
the  roof  or  ceiling  to  the  space  below.  An  arch  is 
formed  of  a  series  of  wedge-like  stones  or  of  bricks, 
supporting  each  other,  and  all  bound  firmly  together 
by  the  pressure  of  the  centre  one  upon  them,  which 
latter  is  therefore  distinguished  by  the  name  of  key- 
stone. 

It  would  seem  that  the  arch,  as  thus  denned,  and 
as  used  by  the  Romans,  was  not  known  to  the 
Greeks  in  the  early  periods  of  their  history,  other- 
wise a  language  so  copious  as  theirs,  and  of  such 
ready  application,  would  not  have  wanted  a  name 
properly  "Grsek  by  which  to  distinguish  it  The 
use  of  both  arches  and  vaults  appears,  however,  to 
have  existed  in  Greece  previously  to  the  Roman 
conquest,  though  not  to  have  been  in  general  prac- 
tice.3 But  the  constructive  principle  by  which  an 
arch  is  made  to  hold  together,  and  to  afford  a  solid 
resistance  against  the  pressure  upon  its  circumfer- 
ence, was  known  to  them  even  previously  to  the 
Trojan  war,  and  its  use  is  exemplified  in  two  of  the 
earliest  buildings  now  remaining :  the  chamber 
built  at  Orchomenus  by  Minyas,  king  of  Bceotia, 
described  by  Pausanias,*  and  the  treasury  of  Atreus 
at  Mycenae.5  Both  these  works  are  constructed 
under  ground,  and  each  of  them  consists  of  a  circu- 
lar chamber  formed  by  regular  courses  of  stones 
laid  horizontally  over  each  other,  each  course  pro- 
jecting towards  the  interior,  and  beyond  the  one 
below  it,  till  they  meet  in  an  apex  over  the  centre, 
which  was  capped  by  a  large  stone,  and  thus  re- 
sembled the  inside  of  a  dome.  Each  of  the  hori- 
zontal courses  of  stones  formed  a  perfect  circle,  or 
two  semicircular  arches  joined  together,  as  the 
subjoined  plan  of  one  of  these  courses  will  render 
evident. 


It  will  be  observed  that  the  innermost  end  of  each 
Ftone  is  bevelled  off  into  the  shape  of  a  wedge,  the 
apex  of  which,  if  continued,  would  meet  in  the 
centre  of  the  circle,  as  is  done  in  forming  an  arch  ; 
while  the  outer  ends  against  the  earth  are  left. rough, 
and  their  interstices  filled  up  with  small  irregular- 
shaped  stones,  the  immense  size  of  the  principal 
stones  rendering  it  unnecessary  to  continue  the  sec- 
tional cutting  throughout  their  whole  length.  In- 
deed, if  these  chambers  had  been  constructed  upon 
any  other  principle,  it  is  clear  that  the  pressure  of 
earth  all  round  them  would  have  caused  them  to 
collapse.  The  method  cf  construction  here  de- 
scribed was  communicated  to  the  writer  of  the 
present  article  by  the  late  Sir  William  Gell.  Thus 
it  seems  that  the  Greeks  did  understand  the  con- 
structive principle  upon  which  arches  are  formed, 

1  (Aristot.,  H.  A.,  v.,  15;  viii.,7.)— 2.  (Virg.,  JEn.,  vi.,  631. 
— Cic.  in  Verr.,  i.,  7.)— 3.  (Mitford,  Principles  of  Design  in  Ar- 
chitecture.)—4.  (ix.,  38.)— 5.  (Paus.,  ii .  16.) 


even  in  the  earliest  times ;  although  it  did  not  occtu 
to  them  to  divide  the  circle  by  a  diameter,  and  set 
the  half  of  it  upright  to  bear  a  superincumbent 
weight.  But  they  made  use  of  a  contrivance,  even 
before  the  Trojan  war,  by  which  they  were  enabled 
to  gain  all  the  advantages  of  our  archway  in  making 
corridors,  or  hollow  galleries,  and  which,  in  appear- 
ance, resembled  the  pointed  arch,  such  as  is  now 
termed  Gothic.  This  was  effected  by  cutting  away 
the  superincumbent  stones  in  the  manner  already 
described,  at  an  angle  of  about  45°  with  the  horizon. 
The  mode  of  construction  and  appearance  of  the 
arches  are  represented  in  the  annexed  drawing  of  the 
walls  of  Tiryns,  copied  from  Sir  William  Cell's 
Argolis.  The  gate  of  Signia  (Segni)  in  Laliura 
exhibits  a  similar  example. 


Of  the  different  forms  and  curves  of  arches  now 
in  use,  the  only  one  adopted  by  the  Romans  was 
the  semicircle ;  and  the  use  of  this  constitutes  one 
leading  distinction  between  Greek  and  Roman  ar- 
chitecture, for  by  its  application  the  Romans  were 
enabled  to  execute  works  of  far  bolder  construction 
than  those  of  the  Greeks  :  to  erect  bridges  and 
aquaeducts,  and  the  most  durable  and  massive  struc- 
tures of  brick.  *(On  the  antiquity  of  the  Arch 
among  the  Egyptians,  Mr.  Wilkinson  has  the  fol- 
lowing remarks :  "  There  is  reason  to  believe  that 
some  of  the  chambers  in  the  pavilion  of  Remeses 
III.,  at  Medeenet  Haboo,  were  arched  with  stone, 
since  the  devices  on  the  upper  part  of  their  walls 
show  that  the  fallen  roofs  had  this  form.  At  Sag- 
gara,  a  stone  arch  still  exists  of  the  time  of  the 
second  Psammiticus,  and,  consequently,  erected  600 
years  before  our  era :  nor  can  any  one,  who  sees  the 
style  of  its  construction,  for  one  moment  doubt  that 
the  Egyptians  had  been  long  accustomed  to  the  erec- 
tion of  stone  vaults.  It  is  highly  probable  that  the 
small  quantity  of  wood  in  Egypt,  and  the  consequent 
expense  of  this  kind  of  roofing,  led  to  the  invention 
of  the  arch.  It  was  evidently  used  in  their  tombs 
as  early  as  the  commencement  of  the  eighteenth 
dynasty,  or  about  the  year  1540  B.C. ;  and,  judg- 
ing from  some  of  the  drawings  at  Beni  Hassan,  it 
seems  to  have  been  known  in  the  time  of  the  first 
Osirtasen,  whom  I  suppose  to  have  been  contempo- 
rary with  Joseph." — Manners  and  Customs  of  the 
Anc.  Egyptians,  vol.  ii.,  p.  116,  117,  1st  series.) 

ARCUS  TRIUMPHALIS  (a  triumphal  arch), 
an  entire  structure,  forming  a  passage-way,  and 
erected  in  honour  of  an  individual,  or  in  commem- 
oration of  a  conquest.  Triumphal  arches  were 
built  across  the  principal  streets  of  the  city,  and, 
according  to  the  space  of  their  respective  localities, 
consisted  of  a  single  archway,  or  a  central  one  for 
carriages,  and  two  smaller  ones  on  each  side  for 

8^ 


ARC  US. 


ARC  US. 


fcot -passengers,  whien  sometimes  have  side  com- 
munications with  the  centre.  Those  actually  made 
use  of  on  the  occasion  of  a  triumphal  entry  and  pro- 
cession were  merely  temporary  and  hastily  erected, 
and,  having  served  their  purpose,  were  taken  down 
again,  and  sometimes  replaced  by  others  of  more 
durable  materials. 

Stortinius  is  the  first  upon  record  who  erected 
anything  of  the  kind.  He  built  an  arch  in  the 
Forum  Boarium,  about  B.C.  196,  and  another  in 
the  Circus  Maximus,  each  of  which  was  surmounted 
by  gilt  statues.1  Six  years  afterward,  Scipio  Afri- 
eanus  built  another  on  the  Clivus  Capitolinus,  on 
which  he  placed  seven  gilt  statues  and  two  figures 
cf  horses  ;3  and  in  B.C.  121,  Fabius  Maximus  built 
a  fourth  in  the  Via  Sacra,  which  is  called  by  Cicero3 
the  Fornix  FaJbianus.  None  of  these  remain,  the 
Arch  of  Augustus  at  Rimini  being  one  of  the  earli- 
est among  those  still  standing. 

There  are  twenty-one  arches  recorded  by  different 
writers  as  having  been  erected  in  the  city  of  Rome, 
five  of  which  now  remain:  1.  Areas  Drusi,  which 
was  erected  to  the  honour  of  Claudius  Drusus  on 
the  Appian  Way.*  2.  Arcus  Titi,  at  the  foot  of  the 
Palatine,  which  was  erected  to  the  honour  of  Titus, 
after  his  conquest  of  Judaea,  but  does  not  appear  to 
have  been  finished  till  after  his  death ;  since  in  the 
inscription  upon  it  he  is  called  Divus,  and  he  is  also 
represented  as  being  carried  up  to  heaven  upon  an 
eagle.  The  bas-reliefs  of  this  arch  represent  the 
spoils  from  the  Temple  of  Jerusalem  carried  in 
triumphal  procession.  This  arch  has  only  a  single 
opening,  with  two  columns  of  the  Roman  or  Com- 
posite order  on  each  side  of  it.  3.  Arcus  Septimii 
Severi,  which  was  erected  by  the  senate  (A.D.  207) 
at  the  end  of  the  Via  Sacra,  in  honour  of  that  em- 
peror and  his  two  sons,  Caracalla  and  Geta,  on 
account  of  his  conquest  of  the  Parthians  and  Ara- 
bians. 4.  Arcus  Gallieni,  erected  to  the  honour  of 
Grallienus  by  a  private  individual,  M.  Aurelius 
Victor.  5.  Arcus  Constantini,  which  is  larger  and 
more  profusely  ornamented  than  the  Arch  of  Titus. 
It  has  three  arches  in  each  front,  with  columns  sim- 
ilarly disposed,  and  statues  on  the  entablatures  over 
them,  which,  with  the  other  sculptured  ornaments, 
originally  decorated  the  Arch  of  Trajan. 

ARCUS  ((3l6c,  t6!-ov),  the  bow  used  for  shooting 
arrows.  The  bow  is  one  of  the  most  ancient  of  all 
weapons,  and  has  been,  from  time  immemorial,  in 
ger<3ra\  ise  d/2:  the  globe,  both  among  civilized 
and  baA/arous  nations.  Hence  the  Greeks  and 
Romans  ascribed  to  it  a  mythical  origin,  some  say- 
ing that  it  was  the  invention  of  Apollo,  who  taught 
the  use  of  it  to  the  Cretans,*  and  others  attributing 
the  discovery  either  to  Scythes  the  son  of  Jupiter, 
or  to  Perses  the  son  of  Perseus.*  These  several 
fables  indicate  nothing  more  than  the  very  superior 
skill  and  celebrity  of  the  Cretans,  the  Scythians, 
and  the  Persians  in  archery.  The  use  of  the  bow 
is,  however,  characteristic  of  Asia  rather  than  of 
Europe.  In  the  Roman  armies  it  was  scarcely  ever 
employed  except  by  auxiliaries ;  and  these  auxili- 
aries, called  sagittarii,  were  chiefly  Cretans  and 
Arabians.7 

Likewise  in  the  Grecian  armies,  archers  acted 
only  a  subordinate  though  important  part.  Their 
position  was  in  the  rear;  and,  by  taking  advantage 
of  the  protection  afforded  by  the  heavy-armed  sol- 
diers, who  occupied  the  front  ranks,  their  skill  was 
rendered  very  effective  in  the  destruction  of  the 
enemy.  Thus  Homer8  gives  a  long  list  of  names 
in  the'  Trojan  army  of  men  slain  by  the  arrows  of 
Teucer,  the  son  of  Telamon,  who  accomplished 

1.  (Liv.,  xxriii.,  27  •)— 2.  (Liv.,  xxxvii.,  3.)— 3.  (in  Verr.,  i., 
,)_4.  (Suet.,  Claud.,  i.)— 5.  (Diod.  Sic,  v.,  74.)— 6.  (Plin.,  H. 
N.,  vii.,  56.) — 7.  (Liv.,  xxxvii.,  40  ;  xlii.,  35. — Compare  Xen., 
Anab.,  i.,  2,  t)  9 :  Kprjre*;  To\6rai. — Arrian,  Exp.  Al.,  i.,  8,  (f  8 : 
"  TSSimrVwtttM.  t.hft  Cretan,  leader  of  the  archers;"  EuouSwraf. 
•  taw.  h  Toiiipxvc- '— 8    <u-  VU1-  266-315. j 

86 


this  object  Dy  sheltering  himself  under  the  ample 
shield  of  his  brother  Ajax. 

Among  the  Scythians  and  Asiatics,  archery  was 
universally  practised,  and  became  the  principal 
method  of  attack.  In  the  description  given  by  He- 
rodotus1 of  the  accoutrements  of  the  numerous  and 
vast  nations  which  composed  the  army  of  Xerxes, 
we  observe  that  not  only  Arabians,  Medes,  Parthi- 
ans, Scythians,  and  Persians,  but  nearly  all  the  othei 
troops  without  exception,  used  the  bow,  although 
there  were  differences  characteristic  of  the  several 
countries  in  respect  to  its  size,  its  form,  and  the  ma- 
terials of  which  it  was  made.  Thus  the  Indians 
and  some  others  had  bows,  as  well  as  arrows,  made 
of  a  cane  {nalauoc),  which  was  perhaps  the  bamboo. 

Herodotus  also  alludes  to  the  peculiar  form  of  the 
Scythian  bow.  Various  authorities  conspire  to  show 
that  it  corresponded  with  the  upper  of  the  two  fig- 
ures here  exhibited,  which  is  taken  from  one  of  Sit 


W.  Hamilton's  fictile  vases.  It  shows  the  Scythian 
or  Parthian  bow  unstrung,  and  agrees  with  the  form 
of  that  now  used  by  the  Tartars,  the  modern  repre- 
sentatives of  the  ancient  Scythse.  In  conformity 
with  this  delineation,  an  unlettered  rustic,  who  had 
seen  the  name  of  Theseus  (GHCETC),  says  that  thus 
third  letter  was  like  a  Scythian  bow.3 

On  the  other  hand,  the  Grecian  bow,  the  usual  form 
of  which  is  shown  in  the  lower  of  the  preceding  fig- 
ures, has  a  double  curvature,  consisting  of  two  cir- 
cular portions  united  by  the  handle.  The  fabrica- 
tion and  use  of  bows  of  this  kind  are  described  by 
Homer3  in  the  following  manner:  Pandarus,  the 
Lycian  archer,  having  obtained  the  long  horns  of  a 
species  of  wild  goat,  had  them  smoothed  and  polish- 
ed by  a  bowman  (nepaot-bog  tektov),  fitted  to  one 
another  at  the  base,  and  fastened  together  by  means 
of  a  rhig  of  gold  {vpvaeij  nopuvn).  Preparing  to 
shoot,  he  lowers  his  body  (ttoti  yait)  ayKkivaq.  Com- 
pare the  next  woodcut).  His  companions  cover 
him  with  their  shields.  Having  fitted  the  arrow,  he 
draws  the  string  towards  his  breast  ^vevpr/v  fxa^Cy 
ire"kaoev).  The  bow  (/3l6c,  as  opposed  to  vevpfj) 
twangs,  the  string  resounds,  and  the  ariow  flies  to 
reach  its  mark.  We  see  this  action  exhibiied  in 
the  following  outline  of  a  statue  belonging  to  tb> 


group  of  the  iEgina  marbles,  and  perharie  i  early  as 


(Ap.  Athen.,  x.,  p.  454,  d. — Compar* 
in.,  56,  and  Schol.  in  loc. —  Lycophr.,  914. — Anim 
xxii.,  8.— Diod.  Sic,  1.  c.)— 3.  (11.,  iv.,  105-126.* 


1.   (vii.,  61-80.)—2. 
Theocr., 
Marceli., 


AREA. 


AREiOPAGUS. 


5; 


old  as  the  age  of  Homer  himself.1  The  bow,  placed 
in  the  hands  of  this  statue,  was  probably  of  bronze, 
and  has  been  lost. 

It  is  evident  that  a  bow,  made  and  handled  in  the 
manner  here  described,  could  not  be  longer  than 
three  or  four  feet,  and  must  have  been  far  less  pow- 
erful than  the  Scythian  bow.  On  account  of  the 
material,  it  is  often  called  by  the  classical  authors 
a  horn  (nepac,2  cornu3). 

This  difference  of  size  and  form  caused  a  differ- 
ence also  in  the  mode  of  drawing  the  bow.  The 
Greek,  with  one  knee  on  the  ground,  drew  his  right 
hand  with  the  string  towards  his  breast,  as  repre- 
sented in  the  ./Eginetan  statue,  in  Homer's  account 
of  Pandarus,  and  in  Virgil's  description*  of  Camilla ; 
the  Scythian,  on  the  contrary,  advancing  boldly  to- 
wards the  enemy,  and  often  on  horseback,  obliged 
by  the  length  of  his  bow,  which  he  held  vertically, 
to  avoid  stooping  and  to  elevate  his  left  hand,  drew 
the  other  up  to  his  right  ear,  as  is  practised  by  our 
archers  in  the  present  day.5  The  Oriental  arrow 
was  long  and  heavy  in  proportion  to  the  bow,6  and 
was  sent,  as  Procopius  observes,  with  such  force 
that  no  shield  or  thorax  could  resist  it. 

The  bow  was  sometimes  adorned  with  gold 
whence  aureus  arcus1).  The  golden  ring,  or  han- 
dle, has  been  already  mentioned.  Apollo  is  called 
by  Homer  "  the  god  of  the  silver  bow"  (apyvpoTogoc). 

The  bowstring  was  twisted,  and  was  made  either 
of  thongs  of  leather  (vevpa  fioeta*),  of  horse-hair 
(lirneia  rpixuais9),  or  of  the  hide,  or  perhaps  the  in- 
testines, of  the  horse  (uervus  equinus10). 

When  not  used,  the  bow  was  put  into  a  case  (to^- 
odf/Kij,  yupvToc,  Corytus),  which  was  made  of  leather 
(scorteum11),  and  sometimes  ornamented  (Qaeivoc1*). 
The  bowcase  is  often  repeated  and  very  conspicu- 
ous in  the  sculptured  bas-reliefs  of  Persepolis.  Thus 
encased,  the  bow  was  either  hung  upon  a  peg13  or 
carried  on  the  shoulders.1* 

Among  the  Greek  and  Roman  divinities,  the  use 
of  the  bow  is  attributed  to  Apollo,  Diana,  Cupid,  and 
Hercules  ;  and  they  are  often  represented  armed 
with  it  in  ancient  works  of  art.    (Vid.  Sagitta.) 

ARDA'LION  (apduhiov  or  apduviov),  also  called 
oarpaKov  from  the  materials  of  which  it  was  made, 
was  a  vessel  of  water,  which  stood  before  the  door 
of  a  house  in  which  there  was  a  dead  body,  in  order 
that  those  who  had  been  with  the  corpse  might  pu- 
rify themselves  by  sprinkling  the  water  on  their  per- 
sons." 

♦ARD'EA  (tpo<J«6c),  the  Heron.  Aristotle16  de- 
scribes three  species :  1.  The  epudibc  neXkoq,  the 
Ardea  cinerea  cristata,  L.,  or  common  Heron.  2. 
The  Xevkoc,  the  Ardea  alba,  or  Great  Egret.  3.  The 
uGTepiac,  the  Ardea  stellaris,  or  European  Bittern. 
This  last  is  remarkable  for  flying  very  high,  and 
hence  its  name  (aarepiac,  stellaris),  as  if  it  flew  up 
to  the  veiy  stars.  Its  attitude  also,  when  at  rest,  is 
very  singular,  the  beak  being  raised  up  to  the  heav- 
ens." Virgil's  description  of  the  soaring  flight  of 
this  bird  is  admirably  true  to  nature : 

"  Notasque  pollutes 
Dcscrit,  atque  aliam  supra  volat  ardea  nubem."19 

There  is  a  small  species  of  heron  which  Gesner 
supposes  may  have  been  the  klafa  of  Oppian. 
Some  late  authors,  however,  would  rather  refer  the 
i?.a<j>is  to  the  Coot,  or  Fulica  atra,  L.19 

A'REA  (aXwf  or  d/lam),  the  threshing-floor,  was 
a  raised  place  in  the  field,  open  on  all  sides  to  the 

i.  (Compare  Virer.,  JEn.,  xi.,  858-862.)— 2.  (Anacreon,  iii. — 
Horn.,  Od.,  xxi.,  395.)— 3.  (Vir?.,  Mn.,  xi.,  859.)— 4.  (1.  c.)— 5. 
(Eustath.  in  II.,  iv.,  p.  452.— Procop.,  Bell.  Pers.,  1.)— 6.  (See 
Xen.,  as  quoted  under  Ansa.)— 7.  (Virg.,  JEn.,  xi.,  652.)— 8. 

II.,  iv.,  122.) — 9.  (Hesych.)— 10.  (.En.,  ix.,  622.)— 11.  (Festus.) 
—12.  (Horn.,  Od.,  xxi.,  55.)— 13.  (Od.,  1.  c.)— 14.  (r<5£'  u>»oimv 
t\u>«.  11.,  i.,  45—  JEn.,  xi.,  652.)— 15.  (Hesych.,  s.  v.— Pollux, 
Onorci.,viii.,7.)— 16.  (H.  A.,ix.,2.)— 17.  (Cuvier's  Animal  King- 
dom, v.^l.  i.,  p.  376,  transl.)— 18.  (Georg.,  i.,  364.)— 19.  (Adams, 

A  ppend..  ■.  r  ) 


wind.  Great  pains  were  taken  to  make  this  floor 
hard;  it  was  sometimes  paved  with  flint  stones,1  but 
more  usually  covered  with  clay  and  smoothed  with 
a  great  roller.2  It  was  also  customary  to  cover  it 
with  lees  of  oil,  which  prevented  insects  injuring  it, 
or  grass  growing  upon  it.3  The  grains  of  the  corn 
were  beaten  out  by  the  hoofs  of  cattle  treading  upon 
it,  or  by  flails  (fusies*). 

AREIOP'AGUS  '6  "Apeioc  nuyoc,  or  hill  of  Ares), 
at  Athens,  was  a  rocky  eminence,  lying  to  the  west 
of,  and  not  far  from,  the  Acropolis.  To  account  for 
the  name,  various  stories  were  told.  Thus,  some 
said  that  it  was  so  called  from  the  Amazons,  the 
daughters  of  Ares,  having  encamped  there  when 
they  attacked  Athens  ;  others  again,  as  ^Eschylus, 
from  the  sacrifices  there  offered  to  that  god ;  while 
the  more  received  opinion  connected  the  name  with 
the  legend  of  Ares  having  been  brought  to  trial  there 
by  Poseidon,  for  the  murder  of  his  son  Halirrho- 
hius.5  To  none,  however,  of  these  legends  did  the 
place  owe  its  fame,  but  rather  to  the  council  ('H  iv 
'Apeio)  ndyu  fiovln)  which  held  its  sittings  there, 
and  was  sometimes  called  'H  dvu  PovXtj,  to  distin- 
guish it  from  the  senate  of  Five  Hundred,  which  sa; 
in  the  Cerameicus  within  the  city.  That  it  was  a 
body  of  very  remote  antiquity,  acting  as  a  criminal 
tribunal,  was  evidently  believed  by  the  Athenians 
themselves.  In  proof  of  this,  we  may  refer  to  the 
express  assertions  of  the  orators,  and  the  legend  of 
Orestes  having  been  tried  before  the  council  for  the 
murder  of  his  mother :  a  trial  which  took  place  be- 
fore Athena,  and  which  iEschylus  represents  as  the 
origin  of  the  court  itself.  Again,  we  find  that,  even 
before  the  first  Messenian  war  (B.C.  740)  began,  the 
Messenian  king  offered  to  refer  the  points  in  dispute 
to  the  Argi'/e  Amphictiony,  or  the  Athenian  Arei- 
opagus  ;6  a  proof  not  only  of  the  existence  of  the 
body,  but  also  that  it  had.  already  obtained  consid- 
erable reputation  for  equity  in  its  decisions ;  a  repu- 
tation which  it  must  have  taken  some  time  to  estab- 
lish. 

There  is  sufficient  proof,  then,  that  the  Areiopa- 
gus  existed  before  the  time  of  Solon,  though  he  is 
admitted  to  have  so  far  modified  its  constitution  and 
sphere  of  duty  that  he  might  almost  be  called  its 
founder.  What  that  original  constitution  was  must 
in  some  degree  be  left  to  conjecture,  though  there 
is  every  reason  to  suppose  that  it  was  aristocratical, 
the  members  being  taken,  like  the  Ephetae,  from  the 
noble  patrician  families  (uptcTivdfjv).  We  may  re- 
mark that,  after  the  time  of  Solon,  the  Ephetag,  fifty- 
one  in  number,  sat  collectively  in  four  different 
courts,  and  were  charged  with  the  hearing  of  such 
cases  of  accidental  or  justifiable  homicide  as  admit- 
ted of  or  required  expiation  before  the  accused  could 
resume  the  civil  and  religious  rights  he  had  lost :  a 
resumption  impossible  in  cases  of  wilful  murder,  the 
capital  punishment  for  which  could  only  be  escaped 
by  banishment  for  life,  so  that  no  expiation  was  re- 
quired or  given.7  Now  the  Ephetae  formerly  ad- 
ministered justice  in  five  courts,  and  for  this  and 
other  reasons  it  has  been  conjectured  that  they  and 
the  Areiopagus  then  formed  one  court,  which  deci- 
ded in  all  cases  of  murder,  whether  wilful  or  acci- 
dental. In  support  of  this  view,  it  has  been  urged 
that  the  separation  of  functions  was  rendered  neces- 
sary by  that  change  of  Solon  which  made  the  Arei- 
opagus no  longer  an  aristocratic  body,  while  the 
Ephetae  remained  so,  and,  as  such,  were  competent 
to  administer  the  rites  of  expiation,  forming,  as  they 
did,  a  part  of  the  sacred  law  of  Athens,  and  there- 
fore left  in  the  hands  of  the  old  patricians,  even  af- 
ter the  loss  of  their  political  privileges.  On  this 
point  we  may  remark,  that  the  connexion  insisted 


1.  (Colum.,  i.,  6.)— 2.  (Virg.,  Georsr.,  i.,  178.)— 3.  (Cato,  D« 
Re  Rust.,  91,  129.)— 4.  (Colum.,  ii.,  21  )— 5.  (Demosth.,  Aris., 
p.  642.— ^Sschyl.,  Eumen.,  659.)— 6.  (Pans.,  iv.,  5,  1. — Tl.irl 
wall,  Hist.  Greece,  vol.  i.,  p.  345.)— 7.  (Miiller,  Euracn.,  64.— 
Pollux.  Onom..  'iii.,  125.) 

87 


AREIOPAGUS. 


AREIOPAGUS. 


on  may  to  a  great  extent  be  true ;  but  that  there 
was  not  a  complete  identity  of  functions  is  proved 
by  Plutarch  {Solon),  in  a  quotation  from  the  laws 
of  Solon,  showing  that  even  before  that  legislator 
the  Areiopagites  and  Ephetse  were  in  some  cases 
distinct. 

It  has  been  observed,  in  the  article  Archon,  that 
the  principal  change  introduced  by  Solon  in  the 
constitution  of  Athens  was  to  make  the  qualification 
for  office  depend,  not  on  birth,  but  property ;  also 
that,  agreeably  to  his  reforms,  the  nine  archons,  af- 
ter an  unexceptionable  discharge  of  their  duties, 
41  vent  up"  to  the  Areiopagus,  and  became  members 
of  it  for  life,  unless  expelled  for  misconduct.1 

The  council  then,  after  his  time,  ceased  to  be  aris- 
tocratic in  constitution ;  but,  as  we  learn  from  Attic 
writers,  continued  so  in  spirit.  In  fact,  Solon  is 
said  to  have  formed  the  two  councils,  the  senate 
and  the  Areiopagus,  to  be  a  check  upon  the  democ- 
racy; that,  as  he  himself  expressed  it,  "the  state, 
riding  upon  them  as  anchors,  might  be  less  tossed 
by  storms."  Nay,  even  after  the  archons  were  no 
longer  elected  by  suffrage,  but  by  lot,  and  the  office 
was  thrown  open  by  Aristeides  to  all  the  Athenian 
citizens,  the  "upper  council"  still  retained  its  former 
tone  of  feeling.  We  learn,  indeed,  from  Iso crates,8 
that  no  one  was  so  bad  as  not  to  put  off  his  old  hab- 
its on  becoming  an  Areiopagite ;  and,  though  this 
may  refer  to  private  rather  than  public  conduct,  we 
may  not  unreasonably  suppose  that  the  political 
principles  of  the  younger  would  always  be  modified 
by  the  older  and  more  numerous  members  :  a  modi- 
fication which,  though  continually  less  in  degree, 
would  still  be  the  same  in  direction,  and  make  the 
Areiopagus  what  Pericles  found  it,  a  counteracting 
force  to  the  democracy.  Moreover,  besides  these 
changes  in  its  constitution,  Solon  altered  and  ex- 
tended its  functions.  Before  his  time  it  was  only  a 
criminal  court,  trying  cases  of  "  wilful  murder  and 
wounding,  of  arson  and  poisoning,"3  whereas  he 
gave  it  extensive  powers  of  a  censorial  and  political 
nature.  Thus  we  learn  that  he  made  the  council 
an  "  overseer  of  everything,  and  the  guardian  of  the 
laws,"  empowering  it  to  inquire  how  any  one  got 
his  living,  and  to  punish  the  idle.* 

"We  learn  from  other  authorities  that  the  Areiopa- 
gites were  "  superintendents  of  good  order  and  de- 
cency," terms  rather  unlimited  and  undefined,  as  it 
is  not  improbable  Solon  wished  to  leave  their  au- 
thority. There  are,  however,  recorded  some  par- 
ticular instances  of  its  exertion.5  Thus  we  find 
that  they  called  persons  to  account  for  extravagant 
and  dissolute  living,  and  that,  too,  even  in  the  later 
days  of  Athenian  history.  On  the  other  hand,  they 
occasionally  rewarded  remarkable  cases  of  indus- 
try,, and,  in  company  with  certain  officers  called 
yvvatKovofioL  made  domiciliary  visits  at  private  enter- 
tainments, to  see  that  the  number  of  guests  was  not 
loo  large,  and  also  for  other  purposes.  But  their 
censorial  and  political  authority  was  not  confined 
to  matters  of  this  subordinate  character.  We  learn 
from  Aristotle,6  that,  at  the  time  of  the  Median  inva- 
sion, when  there  was  no  money  in  the  public  treas- 
ury, the  Areiopagus  advanced  eight  drachmae  a  man 
to  each  of  the  sailors :  a  statement  which  proves 
that  they  had  a  treasury  of  their  own,  rather  than 
any  conirol  over  the  public  finances,  as  some  have 
inferred  from  it.7  Again  we  are  told8  that,  at  the 
time  of  the  bat  tie  of  Chasroneia,  they  seized  and  put 
to  death  those  who  deserted  their  country,  and  that 
they  were  thought  by  some  to  have  been  the  chief 
preservation  of  the  city. 


It  is  probable  that  public  opinion  supported  them 
in  acts  of  this  kind,  without  the  aid  of  which  they 
must  have  been  powerless  for  any  such  objects.  In 
connexion  with  this  point,  we  may  add  that,  when 
heinous  crimes  had  notoriously  been  committed,  but 
the  guilty  parties  were  not  known,  or  no  accuser 
appeared,  the  Areiopagus  inquired  into  the  subject, 
and  reported  (tnToQaiveiv)  to  the  demus.  The  re- 
port or  information  was  called  ano^aatg.  This  waa 
a  duty  which  they  sometimes  undertook  on  their 
own  responsibility,  and  in  the  exercise  of  an  old- 
established  right,  and  sometimes  on  the  order  of  the 
demus.1  Nay,  to  such  an  extent  did  they  carry  this 
power,  that  on  one  occasion  they  apprehended  an 
individual  (Antiphon)  who  had  been  acquitted  by 
the  general  assembly,  and  again  brought  him  to  a 
trial,  which  ended  in  his  condemnation  and  death.3 
Again  we  find  them  revoking  an  appointment 
whereby  iEschines  was  made  the  advocate  of 
Athens  before  the  Amphictyonic  council,  and  sub- 
stituting Hyperides  in  his  room.  In  these  two 
cases,  also,  "they  were  most  probably  supported  by 
public  opinion,  or  by  a  strong  party  in  the  state.a 

They  also  had  duties  connected  with  religion, 
one  of  which  was  to  superintend  the  sacred  olives 
growing  about  Athens,  and  try  those  who  were 
charged  with  destroying  them.*  We  read,  too, 
that  in  the  discharge  of  their  duty  as  religious  cen- 
sors, they  on  one  occasion  examined  whether  the 
wife  of  the  king  archon  was,  as  required  by  law,  an 
Athenian ;  and  finding  she  was  not,  imposed  a  fine 
upon  her  husband.5  We  learn  from  the  same  pas- 
sage that  it  was  their  office  generally  to  punish  the 
impious  and  irreligious.  Again  we  are  told,  though 
rather  in  a  rhetorical  way,  that  they  relieved  the 
needy  from  the  resources  of  the  rich,  controlled  the 
studies  and  education  of  the  young,  and  interfered 
with  and  punished  public  characters  as  such.' 

Independent,  then,  of  its  jurisdiction  as  a  crimi- 
nal court  in  cases  of  wilful  murder,  which  Solon 
continued  to  the  Areiopagus,  its  influence  must 
have  been  sufficiently  great  to  have  been  a  consid- 
erable obstacle  to  the  aggrandizement  of  the  de- 
mocracy at  the  expense  of  the  other  parties  in  the 
state.  In  fact,  Plutarch7  expressly  slates  that  So- 
lon had  this  object  in  vie-w  in  its  reconstruction ; 
and,  accordingly,  we  find  that  Pericles,  who  never 
was  an  archon  or  Areiopagite,  and  who  was  oppo- 
sed to  the  aristocracy  for  many  reasons,  resolved  to 
diminish  its  power  and  circumscribe  its  sphere  of  ac- 
tion. His  coadjutor  in  this  work  was  Ephialtes,  a 
statesman  of  inflexible  integrity,  and  also  a  military 
commander.8  They  experienced  much  opposition 
in  their  attempts,  not  only  in  the  assembly,  but  also 
on  the  stage,  where  JEschylus  produced  his  tragedy 
of  the  Eumenides,  the  object  of  which  was  to  im- 
press upon  the  Athenians  the  dignity,  the  sacred- 
ness,  and  constitutional  worth  of  the  institution 
which  Pericles  and  Ephialtes  wished  to  reform. 
He  reminds  the  Athenians  that  it  was  a  tribunal 
instituted  by  their  patron  goddess  Athena,  and  puts 
into  her  mouth  a  popular  harangue  full  of  warnings 
against  innovations,  and  admonishing  them  to  leave 
the  Areiopagus  in  possession  of  its  old  and  wel  I 
grounded  rights,  that  under  its  watchful  guardian- 
ship they  might  6leep  in  security.9  Still  the  oppo- 
sition failed  :  a  decree  was  carried,  by  which,  as 
Aristotle  says,  the  Areiopagus  was  "mutilated," 
and  many  of  its  hereditary  rights  abolished.10  ^  Ci- 
cero, who  in  one  place  speaks  of  the  council  ns 
governing  Athens,  observes  in  another,  that  from 
that  time  all  authority  was  vested  in  the  ecclesia. 


I.  (Dinarc,  c.  Demosth.,  p.  97.  — Plutarch,  Vit.  Sol.)— 2. 
(Areiop.,  147.) — 3.  (Pollux,  Onom.,  viii.,  117. — Demosth.,  Aris., 
627.) — 4.  (Plutarch,  Vit.  Sol. — Isocr.,  Areiop.,  147.)— 5.  (Athe- 
n:eus,  iv.,  p.  167,  e. ;  108,  b. ;  erf.  Dinilorf.,  vi.,  245,  c. — Pollux, 
Onom.,  viii.,  112.)— 6.  (Plutarch.  Them.,  10.— Vid.  Bockh.  Public 
Econ.  of  Athens,  vol.  i.,  p.  208,  transl.)— 7.  (ThirlwalL.  Hist. 
Sieei-e,  vol.  ni.,  A  pp.  1.)— 8.  (Lycurg.,  c.  Leoc,  154.) 
88 


1.  (Dinarchus,  c.  Demosth.,  97.  —  Schomann,  De  Comit. 
Athen.,  217,  transl.)— 2.  (Demosth.,  De  Cor.,  271,  272.— Di- 
narch.,  c.  Demosth.,  p.  98.)— 3.  (Demosth.,  ibid.)— 4.  (Lysias, 
rrEpi  HrJKOv.,  109-111.)—  5.  (Demosth.,  Neaer.,  1373.)— 6.  (Isocr., 
Areiop.,  p.  151.)  — 7.  (Solon,  Pericl.)  —  8.  (Plutarch,  Cim., 
Pericl.)— 9.  (Miiller,  Eumen.,  35.)— 10.  (Aristot.,  Polit  ,  ii.,  9 
— Cic,  De  Nat  Deor..  ii..  29  ;  De  Rep.,  i..  27.) 


AREIOPAGUS. 


AREIOPAGUS. 


and  the  slate  robbed  of  its  ornament  and  honour. 
Plutarch1  tells  us  that  the  people  deprived  the 
Areiopagus  of  nearly  all  its  judicial  authority 
(rue  Kpiaeic  nXrjv  oXcyuv  aTidaag),  establishing  an 
unmixed  democracy,  and  making  themselves  su- 
preme in  the  courts  of  justice,  as  if  there  had  for- 
merly been  a  superior  tribunal.  But  we  infer  from 
another  passage  that  the  council  lost  considerable 
authority  in  matters  of  state;  for  we  learn  that 
Athens  then  entered  upon  a  career  of  conquest  and 
aggrandizement  to  which  she  had  previously  been 
a  stranger;  that,  "  like  a  rampant  horse,  she  would 
not  obey  the  reins,  but  snapped  at  Eubcea,  and  leap- 
ed upon  the  neighbouring  islands."  These  ac- 
counts in  themselves,  and  as  compared  with  others, 
are  sufficiently  vague  and  inconsistent  to  perplex 
and  embarrass  ;  accordingly,  there  has  been  much 
discussion  as  to  the  precise  nature  of  the  alterations 
which  Pericles  effected;  some,  among  whom  we 
may  mention  Miiller,2  are  of  opinion  that  he  depri- 
ved the  Areiopagus  of  their  old  jurisdiction  in  cases 
of  wilful  murder ;  and  one  of  his  chief  arguments 
is,  that  it  was  evidently  the  design  of  iEschylus  to 
support  them  in  this  prerogative,  which  therefore 
must  have  been  assailed.  For  a  sufficient  answer 
to  this,  we  would  refer  our  readers  to  Mr.  Thirl- 
wall's  remarks,3  merely  stating,  in  addition,  that 
Demosthenes*  expressly  affirms,  that  neither  tyrant 
nor  democracy  had  ever  dared  to  take  away  from 
them  this  jurisdiction.  In  addition  to  which,  it  may 
be  remarked,  that  the  consequences  ascribed  to  the 
innovation  do  not  seem  to  us  to  indicate  that  the  Arei- 
opagus lost  its  authority  as  a  criminal  tribunal,  but 
rather  that  it  was  shorn  of  its  power  as  superin- 
tending the  morals  and  conduct  of  the  citizens,  both 
in  civil  and  religious  matters,  and  as  exercising 
some  control  over  their  decisions.  Now  an  author- 
ity of  the  former  kind  seems  far  removed  from  any 
political  influence,  and  the  popular  belief  as  to  its 
origin  would  have  made  it  a  dangerous  object  of 
tiuack,  to  say  nothing  of  the  general  satisfaction 
the  verdicts  had  always  given.  We  may  observe, 
toe,  that  one  of  the  chief  features  of  a  democracy 
is  to  make  all  the  officers  of  the  state  responsible ; 
and  that  it  is  not  improbable  that  one  of  the  changes 
introduced  by  Ephialtes  was  to  make  the  Areiopa- 
gus, like  other  functionaries,  accountable  to  the  de- 
mus  for  their  administration,  as,  indeed,  we  know 
they  afterward  were.5  This  simple  regulation  would 
evidently  have  made  them  subservient,  as  they  seem 
to  have  been,  to  public  opinion;  whereas  no  such 
subserviency  is  recorded  in  criminal  matters,  their 
tribunal,  on  the  contrary,  being  always  spoken  of  as 
most  just  and  holy;  so  much  so,  that  Demosthenes 
says6  that  not  even  the  condemned  whispered  an 
insinuation  against  the  righteousness  of  their  ver- 
dicts. Indeed,  the  proceedings  before  the  Areiopa- 
gus, in  cases  of  murder,  were,  by  their  solemnity 
and  fairness,  well  calculated  to  ensure  just  decis- 
ions. The  process  was  as  follows:  The  king  ar- 
chon7  brought  the  case  into  court,  and  sat  as  one  of 
the  judges,  who  were  assembled  in  the  open  air, 
probably  to  guard  against  any  contamination  from 
the  criminal.8  The  accuser,  who  was  said  elg 
'Apeiov  ttuvov  eirLcrnr/TTeiv,  first  came  forward  to 
make  a  solemn  oath  (diufioma)  that  his  accusation 
was  true,  standing  over  the  slaughtered  victims, 
and  imprecating  extirpation  upon  himself  and  his 
whole  family  were  it  not  so.  The  accused  then 
denied  the  charge  with  the  same  solemnity  and 
farm  of  oath.    Each  party  then  stated  his  case  with 

1.  (Cimon.) — 2.  (Eutn.,  371.) — 3.  (Hist.  Greece,  vol.  iii.,  p. 
84.)— -4.  (c.  Arist.,  p.  641.  For  an  able  vindication  of  this  state- 
ment of  Demosthenes,  the  reader  is  referred  to  Hermann, 
Opusc,  vol.  iv.,  p.  299.) — 5.  (^schin.,  c.  Ctes.,  p.  56. — Bockh, 
Public  Econ  of  Athens,  vol.  i.,  p.  353,  transl.) — 6.  (Aristot.,  p. 
641,  642.)— 7.  (Pollux,  Onom.,  viii.,  9,  t)  90.)— 8.  (Antiphon,  De 
Caede  Herod.,  p.  130,  30. — Demosth.,  c.  Aiist.,  1.  c. — Pollux. 
Onom.,  viii.,  33.) 

M 


all  possible  plainness,  keeping  strictly  to  tie  sutv 
ject,  and  not  being  allowed  to  appeal  in  any  way  to 
the  feelings  or  passions  of  the  judges.1  After  the 
first  speech,2  a  criminal  accused  of  murder  might 
remove  from  Athens,  and  thus  avoid  the  capital 
punishment  fixed  by  Draco's  Qecrfioi,  which  on  this 
point  were  still  in  force.  Except  in  cases  of  parri- 
cide, neither  the  accuser  nor  the  court  had  pc  ver  to 
prevent  this;  but  the  party  who  thus  evaded  the 
extreme  punishment  was  not  allowed  to  return 
home  ;3  and  when  any  decree  was  passed  at  Ath- 
ens to  legalize  the  return  of  exiles,  an  exception 
was  always  made  against  those  who  had  thus  left 
their  country.* 

The  reputation  of  the  Areiopagus  as  a  criminal 
court  was  of  long  continuance,  as  we  may  learn 
from  an  anecdote  of  Aulus  Gellius,  who  tells  lis5 
that  C.  Dolabella,  proconsul  of  the  Roman  prov- 
ince of  Asia,  referred  a  case  which  perplexed  him- 
self and  his  council  to  the  Areiopagus  (ut  adjudices 
graviores  exercitatiorcsque) ;  they  ingeniously  settled 
the  matter  by  ordering  the  parties  to  appear  that 
day  100  years^centesimo  anno  adesse).  They  exist- 
ed in  name,  indeed,  till  a  very  late  period.  Thus 
we  find  Cicero  mentions  the  council  in  his  letters  ;6 
and  under  the  Emperors  Gratian  and  Theodosius 
(A.D.  380),  'Poixpioc;  $7ioto<;  is  called  proconsul  of 
Greece,  and  an  Areiopagite.7 

Of  the  respectability  and  moral  worth  of  the 
council,  and  the  respect  that  was  paid  to  it,  we 
have  abundant  proof  in  the  writings  of  the  orators, 
where,  indeed,  it  would  be  difficult  to  find  it  men- 
tioned except  in  terms  of  praise.  Thus  Lysias 
speaks  of  it  as  most  righteous  and  venerable;8 
and  so  great  was  the  respect  paid  to  its  members, 
that  it  was  considered  rude  in  the  demus  laughing 
in  their  presence,  while  one  of  them  was  making  an 
address  to  the  assembly  on  a  subject  they  had  been 
deputed  to  investigate.  This  respect  might,  of 
course,  facilitate  the  resumption  of  some  of  their 
lost  power,  more  especially  as  they  were  sometimes 
intrusted  with  inquiries  on  behalf  of  the  state,  az 
on  the  occasion  to  which  we  have  just  alluded, 
when  they  were  made  a  sort  of  commissioners  to 
inquire  into  the  state  of  the  buildings  about  the 
Pnyx,  and  decide  upon  the  adoption  or  rejection  of 
some  proposed  alterations.  Isocrates,  indeed,  even 
in  his  time,  when  the  previous  inquiry  or  doxi/uavca 
had  fallen  into  disuse,  speaks  well  of  their -moml 
influence ;  but,  shortly  after  the  age  of  Demetrius 
Phalereus,  a  change  had  taken  place ;  they  had  lost 
much  of  their  respectability,  and  were  but  ill  fitted 
to  enforce  a  conduct  in  others  which  they  did  no* 
observe  themselves. 

The  case  of  St.  Paul  is  generally  quoted  as 

instance  of  their  authority  in  religious  matters;  but 
the  words  of  the  sacred  historian  do  not  necessarily 
imply  that  he  was  brought  before  the  council.  It 
may,  however,  be  remarked,  that  they  certainly 
took  cognisance  of  the  introduction  of  new  and  un- 
authorized forms  of  religious  worship,  called  kwi- 
dera  lepu,  in  contradistinction  to  the  nuTpta  or  older 
rites  of  the  state.9  There  was  also  a  tradition  that 
Plato  was  deterred  from  mentioning  the  name  of 
Moses  as  a  teacher  of  the  unity  of  the  Godhead,  by 
his  fear  of  the  Areiopagus.10 

With  respect  to  the  number  of  the  Areiopagus  *" 
its  original  form,  a  point  of  no  great  moment,  theix: 
are  various  accounts ;  but  it  is  plain  that  there  could 
have  been  no  fixed  number  when  the  archons  be- 
came members  of  this  body  at  the  expiration  of 


1.  (TzpooifxiaXtaQai  ovk  ilijv  ov5e  olKTtZ,tadai :  Aristot.,  Rhet., 
i.,  1. — Pollux,  Onom.,  viii.,  117.) — 2.  intra  tov  -rrporepdv  \6yov-) 
—  3.  (tievyci  det6vylav.) — 4.  (o<  f£  'Apeiov  ndyov  Qtuyovrtr.— 
Vid.  Plato,  Legg.,  ix.,  11.)— 5.  (xii.,  7.)— 6.  (ad  Fain.,  aiii.,  1  ; 
ad  Att.,  v.,  11.)— 7.  (Meursius,  Areiop.)— 8.  (Andoc,  104.— 
Compare  JEsch.,  c.  Timarch.,  12.  —  Isocr.,  Areiop.,  149.  — 
Athenams,  iv.,  p.  167.)— 9.  (Harpocr.,  s.  v.  'E.-iQtroi  eopral 
Schumann,  De  Comit.  Ath.,  286,  transl.)  —10.  (Jus.tm  Martyr, 
Cohor.  ad  Grac,  p.  22.) 

9^ 


ARGEMONE. 


ARGEJNXUM. 


their  year  of  office.  Lysias,  ii.deed,  speaks  of 
them1  as  forming  a  part  of  the  Areiopagus  even 
during  that  time ;  a  statement  wliich  can  only  be 
reconciled  with  the  general  opinion  on  the  subject, 
by  supposing  that  they  formed  a  part  of  the  council 
during  their  year  of  office,  but  were  n  it  permanent 
members  till  the  end  of  that  time,  and  after  passing 
a  satisfactory  examination. 

ARE'NA.     (  Vid.  Amphitheatrum.) 

ARETAL'OGI  were  persons  whose  occupation 
appears  to  have  been  to  amuse  the  company  at  the 
Roman  dinner-tables.2  They  seem  to  have  been 
looked  upon  with  some  contempt,  as  Juvenal  speaks 
of  the  mendax  aretalogus.3  Casaubon  thinks  that 
they  were  poor  philosophers,  of  the  Cynic  and  Stoic 
schools,  who,  being  unable  to  procure  followers,  de- 
.ivered  their  discourses  on  virtue  and  vice  at  the 
dinners  of  the  rich,  and  that  they  were  the  same  as 
those  whom  Seneca4  calls  circulatores  philosoplios* 
Ruperti  says  that  they  were  persons  who  boasted 
of  their  own  valour  (aperrj),  like  the  Miles  gloriosus 
of  Plautus.6  Turnebus  takes  the  word  to  mean 
"  sayers  of  pleasant  things,"  from  dperoc,  pleasant.1 

ARGET.  We  learn  from  Livy8  that  Numa  con- 
secrated places  for  the  celebration  of  religious  ser- 
vices, which  were  called  by  the  pontifices  "  argei." 
Varro  calls  them  the  chapels  of  the  argei,  and  says 
they  were  twenty-seven  in  number,  distributed  in 
the  different  districts  of  the  city.  We  know  but 
little  of  the  particular  uses  to  which  they  were  ap- 
plied, and  that  little  is  unimportant.  Thus  we  are 
told  that  they  were  solemnly  visited  on  the  Liber- 
alia,  or  festival  of  Bacchus ;  and  also,  that  when- 
ever the  flamen  dialis  went  (ivit)  to  them,  he  was 
to  adhere  to  certain  observances.  They  seem  also 
to  have  been  the  depositaries  of  the  topographical 
records.  Thus  we  read  in  Varro,  "  In  sacreis  Arge- 
o*~um  sciiplum  est  sic :  Oppius  mans  princeps"  &c, 
which  is  followed  by  a  description  of  the  neigh- 
bourhood. There  was  a  tradition  that  these  argei 
were  named  from  the  chieftains  who  came  with 
Heir:  ules,  the  Argive,  to  Rome,  and  occupied  the 
Gvpitoline,  or,  as  it  was  anciently  called,  Saturnian 
Hill.  It  is  impossible  to  say  what  is  the  historical 
value  or  meaning  of  this  legend ;  we  may,  however, 
notice  its  conformity  with  the  statement  that  Rome 
was  founded  by  the  Pelasgians,  with  whom  the 
name  of  Argos  was  connected.9 

The  name  argei  was  also  given  to  certaii  figures 
thrown  into  the  Tiber  from  the  Sublician  bridge, 
oe  the  Ides  of  May  in  every  year.  This  was  done 
by  the  pontifices,  the  vestals,  the  praetors,  and  other 
citizens,  after  the  performance  of  the  customary 
sacrifices.  The  images  were  thirty  in  number, 
ma  de  of  bulrushes,  and  in  the  form  of  men  (eUula 
^dpcineXa).  Ovid  makes  various  suppositions  to 
ac<  ount  for  the  origin  of  this  rite ;  we  can  only 
cot  jecture  that  it  was  a  symbolical  offering  to  pro- 
pitiate the  gods,  and  that  the  number  was  a  repre- 
sentative either  of  the  thirty  patrician  curiEe  at 
Rome,  or  perhaps  of  the  thirty  Latin  townships.10 

*ARGEMO'NE  (apyeuuvn),  a  species  of  plant, 
which  Dodonseus  is  almost  disposed  to  regard  as 
identical  with  the  Glaucium,  or  Horned  Poppy. 
Sprengel  sets  it  down  for  the  Papaver  argemone. 
The  paragraph  in  Dioscorides,  in  which  the  second 
species  is  described,  would  seem  to  be  spurious. 
Pliny  calls  this  plant  Argemonia,  and  assigns  it  va- 
rious curative  properties  in  affections  of  the  nervous 
^y&tem,  gout,  angina,  &c.n 

1.  (irepi  rov  1.71X00,  p.  110,  111. — Vtd.  Argum.  Orat.,  c.  An- 
diot.)-- 2.  (Suet.,  Octav.,  74.)— 3.  (Sat.  xv.,  15,  16.)— 4.  (Ep. 
29.)— 5  (Casavb.  in  Suet.,  Octav.,  74.)— 6.  (Ruperti  in  Juv., 
xt.,  16  J— 7.  (Adversaria,  x.,  12.)— 8.  (i.,  22.)— 9.  (Varro,  De 
Ling,  tat ,  iv.— Ovid,  Fast.,  iii.,  791.— Aul.  Gell.,  x.,  15.— Nie- 
buhr,  Rom.  Hist.,  i.,  p.  214,  transl.) — 10.  (Varro,  DeLing.  Lat., 
vi. — C'vid,  Fast.,  v.,  621. — Dionys.  Halicar.,  i.,  19,  38. — Plu- 
tarch, Quas.  Rom.,  p.  102,  Reiske. — Arnold,  Rom.  Hist.,  vol.  i., 
p.  67 — Biinsen  und  Plattner,  Beschreibu  ag  Roms,  vol.  i.,  p. 
688-7C2.)--ll.  (Dioscor.,  ii.,  20?  -Adams,  Append.,  s.  v.) 

90 


ARGENTA'RII,  bankers  or  money-changers  at 
Rome.  The  public  bankers,  or  mensarii,  are  to  be 
distinguished  from  the  argentarii.  The  highest 
class  of  mensarii,  the  mensarii  quinqueviri  or  trium- 
viri, were  a  sort  of  extraordinary  magistrates,  the 
office  being  generally  filled  by  persons  of  high  iank; 
their  business  was  to  regulate  the  debts  of  the  citi- 
zens, and  to  provide  and  distribute  specie  on  emer- 
gencies.1 There  were  other  mensarii,  who  stood 
lower  than  these,  and  whose  office  approximated  to 
that  of  the  argentarii ;  and  still  lower  stood  the 
nummularii,  though  these  were  also  public  function- 
aries. The  argentarii,  on  the  contrary,  were  private 
bankers,  who  did  all  kinds  of  broking,  commission, 
and  agency  business  for  their  customers.  They 
are  called  argentarii ;  argentece  mensa  exercitores ; 
argenti  dislr adores  ;  negotialores  stipis  argentaricb* 
Their  private  character  is  clear,  from  what  Ulpian 
says:3  "  Taberna  (i.  e.,  argentarice)  publicce,  sunt, 
quarum  usus  ad  privatos  pertinet."  Almost  all  money 
transactions  were  carried  on  through  their  interven- 
tion, and  they  kept  the  account-books  of  their  cus- 
tomers. Hence  all  terms  respecting  the  relation 
between  debtor  and  creditor  were  borrowed  from 
banking  business  :  thus,  rationem  accepti  scribere  ("  to 
put  down  on  the  debtor's  side  in  the  banker's  book") 
means  "  to  borrow  money  ;"  rescribere,  "  to  pay  it 
back  again ;"  nomen  (an  item  in  the  account)  is  "  a 
debt,"  or  even  "  a  debtor,"  as  when  Cicero  says,4 
"  Ego  meis  rebus  gestis  lioc  sum  assecutus  ut  bonum 
nomen  existimer."*  On  these  books  of  account, 
which  have  given  rise  to  the  modern  Italian  system 
of  book-keeping  by  double  entry,  see  Pliny,  Hist. 
Nat.,  ii.,  7. 

The  functions  of  the  argentarii,  besides  thei? 
original  occupation  of  money-changing  (permutat™ 
argenti),  were  as  follows  :  1.  Attending  public  sales 
as  agents  for  purchasers,  in  which  case  they  were 
called  interpretes.6  2.  Assaying  and  proving  mo. ley 
(probatio  nummorum).  3.  Receiving  deposites,  or 
keeping  a  bank  in  the  modern  sense  of  the  word. 
If  the  deposite  was  not  to  bear  interest,  it  was  called 
depositum,  or  vacua  pecunia  ;7  if  it  was  to  bear  inter- 
est, it  was  called  credittim*  The  argentarii  were 
said  not  only  recipere,  but  also  constituere,  so  that  a* 
action  constitute  pecunia  would  lie  against  them.9 

The  shops  of  the  bankers  were  in  the  cloisters 
round  the  forum  :  hence  money  borrowed  from  a 
banker  is  called  as  circumforaneum;  and  the  phrases 
foro  cedere  or  abire,  foro  mergi,  &c,  mean  "  to  be- 
come bankrupt."  The  argentarii  at  Rome  were 
divided  into  corporations  (societates),  and  formed  a 
collegium  like  the  mensarii  and  nummularii.  The 
argentarius  was  necessarily  a  freeman. 

ARGENTUM  (apyvpoe),  silver.  According  to 
Herodotus,10  the  Lydians  were  the  first  people  who 
put  a  stamp  upon  silver ;  but,  according  to  the  tes- 
timony of  most  ancient  writers,  silver  money  was 
first  coined  at  iEgina,  by  order  of  Pheidon,  about 
B.C.  869.11  The  silver  coins  of  Greece  may  be 
divided  into  three  kinds,  which  differ  in  appearance 
according  to  the  age  in  which  they  were  struck. 
The  most  ancient  are  very  thick,  and  of  rude  work- 
manship ;  those  of  JEgina  usually  bear  on  the 
upper  side  the  figure  of  a  turtle  or  a  tortoise,  and 
on  the  under  an  indented  mark,  as  if  the  coin  at 
the  time  of  striking  the  metal  had  been  placed  upon 
a  puncheon,  and  had  received  a  mark  from  the 
weight  of  the  blow.  The  second  kind,  which  ap- 
pear to  belong  to  the  age  of  Pericles  and  Xenophon, 

1.  (Liv.,  xxiii.,  21:  "Propter  penjriam  argenti  triumviri 
mensarii  facti." — Vid.  etiam  Budaeus,  De  Asse,  v.,  p.  J73. — 
Salmasius,  De  Modo  Usur.,  p.  509.) — 2.  (O'-elli,  Inscript,n. 
4060.)— 3.  (Dig.  18,  tit.  1,  s.  32.)— 4.  (ad  Fam.,  v.,6.)— 5.  (Vid. 
Bentley's  note  on  Horace,  Epist.  II.,  i.,  105.)— -6.  (Plaut.,  Cur- 
cul.,  iii.,  1,  63,  seq.)— 7.  (Plaut.,  Curcul.,  ii.,  3,  66-69  ;  iii.,  66, 
iv.,  3,  3.)— 8.  (Suet.,  Octav.,  39.)— 9.  (Vid.  Salmas.,  De  Mode 
Usur.,  p.  722.)— 10.  (i.,  94.)— 11.  (Ephorus,  ap.  Strab.,  viii.,  p 
376.— Ml.,  Var.  Hist.,  xii.,  10.— Pollux,  Onom.,  ix.,  83. — An 
thon's  riass.  Diet.,  s.  v.  Phidon.) 


ARGENT UM. 


ARGIAN  G  RAPHE. 


are  also  of  a  thick  form,  but  not  so  clumsy  m  ap- 
pearance. The  third,  which  belong  to  a  later  j-eriod, 
ar«!  br«ad  and  thin.  The  Greek  coins,  and  especi- 
ally the  Athenian,  are  usually  of  very  fine  silver. 
Some  writers  have  supposed  that  they  are  quite  free 
from  ^aser  metal ;  but  the  experiments  which  have 
been  made  show  that  the  finest  possess  a  small 

Siantity  of  alloy.  Mr.  Hussey1  found,  upon  trial, 
at  the  most  ancient  Athenian  coins  contained 
about  -J-g  of  the  weight  alloy,  the  second  kind  about 
jij,  and  the  more  modern  about  -^;  the  last  of  which 
is  nearly  the  same  alloy  as  in  our  own  silver  coin. 

It  was  the  boast  of  the  Athenians  that  their  coin- 
age was  finer  than  all  other  money  in  Greece,  and 
Xenophon  says  that  they  exchanged  it  with  profit  in 
any  market  ;2  but  this  remark  should  probably  be 
limited  to  the  coinage  of  his  own  time.  *(Mr.  Hus- 
sey made  his  experiments  with  three  Attic  drachmae 
of  different  ages :  the  first  was  a  thick  one  of  the 
rudest  and  earliest  style ;  the  second,  a  little  later, 
but  still  of  a  thick  form,  with  the  head  of  Minerva, 
resembling  that  of  the  oldest  coins,  but  not  quite  so 
clumsy ;  the  third,  of  the  latest  kind,  broad  and 
thin,  with  the  owl  standing  on  the  diota,  the  helmet 
of  Minerva's  head  surmounted  by  a  high  crest,  and 
with  other  characteristics  of  the  later  coinage  of 
Athens.  After  stating  the  results,  as  given  above, 
Mr.  Hussey  goes  on  to  remark  as  follows :  "  Now, 
of  these  three  drachmas,  the  first  and  third  are  less 
fine  than  other  Greek  money.  Out  of  nine  trials  of 
Greek  and  one  of  Roman  silver,  the  third  of  the 
three  Attic  coins  in  question  is  considerably  the 
lowest  of  all ;  and  the  first  of  them  is  likewise  in- 
ferior to  all  but  two.  The  second,  on  the  contrary, 
is  of  finer  standard  than  all,  and  therefore  this  alone 
can  belong  to  the  coinage  of  which  Xenophon 
speaks.  And,  as  the  other  two  must  be  of  different 
ages,  th;  first  belongs  to  an  age  earlier  than  Xeno- 
phon, the  second  to  a  later.  Thus  it  appears  that 
the  coins  to  which  the  second  drachma  belongs, 
that  is,  the  middling  class  of  Attic  silver,  between 
the  thickest  and  rudest  of  all,  and  the  broad,  thin 
pieces,  may  be  set  down  as  contemporary  with 
Aristophanes  and  Xenophon  :  the  very  clumsy  and 
ill-executed  pieces,  from  which  the  first  was  taken, 
belong  to  an  interior  coinage  of  an  earlier  age  ;  and 
the  broad,  thin  coins  to  later  times,  when  the  money 
was,  lor  Athens  at  least,  considerably  debased. 
The  comparative  value  of  these  coins  proves  also 
that  it  was  the  practice  among  the  Greeks  to  alloy 
their  money,  even  where  the  currency  had  good 
credit  and  wide  circulation ;  and,  therefore,  those 
writers  are  mistaken  who  have  reckoned  the  worth 
if  it  as  if  it  were  all,  without  exception,  fine  silver. 
For,  though  it  is  conceivable  that  the  alloy  in  the 
oldest  coins  is  due  to  want  of  skill  to  refine  the 
metal,  yet,  when  the  later  coins  are  baser  than  the 
earlier,  this  can  only  be  because  they  were  inten- 
tionally alloyed."3) 

It  has  been  already  remarked  under  Ms,  that 
silver  was  originally  the  universal  currency  in 
Greece,  and  that  copper  appears  to  have  been  sel- 
dom coined  till  after  the  time  of  Alexander  the 
Great.  Mr.  Knight,  however,  maintains*  that  gold 
was  coined  first,  because  it  was  the  more  readily 
round  and  the  more  easily  worked ;  but  there  are 
sufficient  reasons  for  believing  that,  even  as  late  as 
the  commencement  of  the  Peloponnesian  war,  the 
Athenians  had  no  gold  currency.  (Vid.  Acrum.)  It 
may  be  remarked  here,  that  all  the  words  connected 
with  money  are  derived  from  upyvpoc,  and  not  from 
Xpvoos,  as  tcarapyvpou,  "  to  bribe  with  money;"  ap- 
yvpafiotCoc,  "  a  money-changer,"  &c. ;  and  apyvpoc 
is  itself  not  unfrequently  used  to  signify  money  in 
general,5  as  as  is  in  Latin. 


1.  (A.ncient  Weights  and  Money,  p.  45.) — 2.  (Aristoph.,  Ran., 
732.—  Xen.,  Vcct.,  iii.,2.) — 3.  (Ancient  Weights,  <fec,  p.  45,46, 
47  )— 4.  (PtoI  ir  Horn.,  t>  59.)— 5    rSoph    Antig.,  295.) 


Silver  was  not  coined  at  Rome  till  B.C.  269,  fiv« 
years  before  the  first  Punic  war  j1  but  the  Ro.oian 
coinage  of  silver  never  appears  to  have  been  so  free 
from  baser  metal  as  the  best  Athenian  coinage. 
Under  the  Emperor  Gallienus,  the  coinage  was  so 
much  debased  that  it  contained  £  silver  and  |  alloy. 
In  the  time  of  the  Republic,  the  impression  on  silver 
coins  was  usually,  on  the  obverse,  the  head  of  Rcme 
with  a  helmet,  the  Dioscuri,  or  the  head  of  Jupiter 
and  on  the  reverse,  carriages  drawn  by  two  or  four 
animals  (big<z,  quadrigte),  whence  they  were  called 
respectively  bigati  and  quadrigati,  sc.  nummi.  (  Vid. 
Bigatus.)  The  principal  silver  coins  among  the 
Greeks  and  Romans  were  respectively  the  drachma 
and  denarius.     {Vid.  Drachma,  Denarius.) 

The  Athenians  obtained  their  silver  from  the  sil- 
ver mines  at  Laurion,  which  were  generally  regarded 
as  the  chief  source  of  the  wealth  of  Athens.  We 
learn  from  Xenophon2  that  these  mines  had  been 
worked  in  remote  antiquity ;  and  Xenophon  speaks 
of  them  as  if  he  considered  them  inexhaustible.  In 
the  time  of  Demosthenes,  however,  the, profit  ari- 
sing from  them  had  greatly  diminished  ;  and  in  the 
second  century  of  the  Christian  aera  they  were  no 
longer  worked.3  The  ore  from  which  the  silver 
was  obtained  was  called  silver  earth  (upyvptng  yf/, 
or  simply  apyvplric*).  The  same  term  (terra)  was 
also  applied  to  the  ore  by  the  Romans,  who  obtained 
most  of  their  silver  from  Spain.5 

The  relative  value  of  gold  and  silver  differed 
considerably  at  different  periods  in  Greek  and  Ro- 
man history.  Herodotus  mentions  it6  as  1  to  13 ; 
Plato7  as  1  to  12;  Menander8  as  1  to  10;  and 
Livy9  as  1  to  10,  about  B.C.  189.  According  to 
Suetonius,10  Julius  Caesar,  on  one  occasion,  ex- 
changed gold  for  silver  in  the  proportion  of  1  to  9; 
but  the  most  usual  proportion  under  the  early  Ro- 
man emperors  was  abont  1  to  12;  and  from  Con- 
stantine  to  Justinian  about  1  to  14,  or  1  to  15.1' 

*ARGENTUM  VIVUM,  Quicksilver  or  Mer- 
cury. It  is  first  spoken  of  by  Aristotle  and  Theo- 
phrastus  under  the  name  of  fluid  silver  (upyvpoc  \v- 
toc),  and  the  mode  of  obtaining  it  is  thus  described 
by  the  latter :  "  This  is  procured  when  a  portion 
of  cinnabar  is  rubbed  with  vinegar  in  a  brass  mor- 
tar and  with  a  brass  pestle."  All  the  modern  pro- 
cesses, on  the  other  hand,  that  are  adopted  for 
separating  the  mercury  from  the  ore,  depend  upon 
the  volatility  of  the  metal,  its  conversion  into  va- 
pour in  distilling  vessels  or  retorts,  and  its  condensa- 
tion by  cold.  The  nature  of  this  mineral,  however, 
does  not  seem  to  have  been  much  understood  even 
four  centuries  later ;  for  Pliny12  distinguishes  be- 
tween quicksilver  (Argentum  vivum)  and  the  liquid 
silver  (Hydrargyrus)  procured  by  processes  which 
he  describes  from  minium,  or  native  cinnabar. 
This  hydrargyrus  he  supposes  to  be  a  spurious  imi- 
tation of  quicksilver,  and  fraudulent  substitute  for 
it  in  various  uses  to  which  it  was  applied.13  Dios- 
corides,  however,  who  is  generally  supposed  to 
have  written  about  the  same  time  with  Pliny,  means, 
according  to  Hill,  by  vdpdpyvpog  nad'  kavrov  the 
quicksilver  that  is  sometimes  found  in  a  fluid  state 
in  the  bowels  of  the  earth.    (Vid.  Cinnabaris.)14 

APFIAS  TPA$H  (apyiac  ypatiri),  an  action  to 
which  any  Athenian  citizen  was  liable,  according 
to  the  old  law,  if  he  could  not  bring  evidence  that 
he  had  some  lawful  calling.  The  law  was  intro- 
duced by  Draco,  who  made  the  penalty  of  convic- 
tion death ;  Solon  re-enacted  the  law,  substituting, 
however,  for  the  capital  punishment  a  fine  of  100 

1.  (Plin.,  H.  N.,  xxxiii.,  13.)— 2.  (Vectig.,  iv.,  2.)— 3.  (Paus., 
i.,  1,  \  1. — Bockh,  On  the  Silver  Mines  of  Laurion,  in  the  sec- 
ond volume  of  the  translation  of  the  Public  Economy  of  Athens.) 
—4.  (Xen.,  Vectig.,  i.,5  ;  iv.,  2.)— 5.  (Plin.,  II.  N.,  xxxiii.,  31.) 
—6.  (iii.,  95.)— 7.  (Hipp.,  c.  6,  p.  231.)— 8.  (ap.  Poll.,  Onom., 
ix.,  76.)— 9.  (xxxviii.,11.)— 10.  (Jul.,  54.)— 11.  (Wurm,  De  Pon- 
der., &C,  p.  40,  41.)— 12.  (II.  N.,  xxxiii,  20  ;  xxxiii.,  41  )— 11 
(Moore's  Anc.  Mineral.,  p  21.)— 14.  (Hill's  Theophrast.,  p.  235.) 

91 


ARIADNEIA. 


ARIES. 


drachmae  for  the  first  conviction,  and  a  loss  of  civic 
right.3  (arifiia)  if  the  same  person  was  convicted 
three  :imes  of  indolence.1  According  to  Julius  Pol- 
lux,2 Draco  did  not  impose  a  severer  punishment 
than  aTtfiia,  and  Solon  did  not  punish  it  at  all  till 
the  third  offence.3 

♦ARGILLA,  Potters'  Clay,  included  frequently 
by  the  Latin  writers  under  the  general  name  of 
Greta.  Thus  Palladius  says,  "  Creta,  quam  argillam 
dicimus:"  and  Columella,  "  Creta,  qua  utunturjiguli, 
quamque  nonnulli  argillam  vocant."*  These  writers 
speak  repeatedly  of  "  creta  figularis,"*  "  creta  qua 
fiunt  ampkorcs."6  Celsus,  too,  speaks  of  "  creta 
figularis"1  and  Vitruvius  of  "  vas  ex  creta  factum, 
non  coctum."*  By  the  term  Creta,  therefore,  was 
generally  meant  some  whitish  clay,  such  as  potters' 
clay,  pipe-clay,  or  fullers'  earth.     (Vid.  Creta.) 

♦ARGTTIS,  a  species  of  wine,  celebrated  by 
Virgil9  for  its  extraordinary  durability,  and  pro- 
cured from  a  small  grape  abounding  in  juice.  It  is 
believed  to  have  been  a  white  wine.  If  this  con- 
jecture be.  well  founded,  we  may  discover  some 
analogy  between  it  and  the  best  growths  of  the  Rhine, 
which  are  obtained  from  a  small  white  grape,  and 
are  remarkable  for  their  permanency.10 

APrTTiOT  AIKH  (apyvpiov  dUij)  was  a  civil  suit 
of  the  class  717360  riva,  and  within  the  jurisdiction 
of  the  thesmotheta?,  to  compel  the  defendant  to  pay 
moneys  in  his  possession,  or  for  which  he  was  lia- 
ble, to  the  plaintiff.  This  action  is  casually  alluded 
to  in  two  speeches  of  Demosthenes,11  and  is  treated 
of  at  large  in  the  speech  against  Callippus. 

*ARGYRi'TIS  (apyvptrcc),  a  name  given  to  the 
ore  from  which  silver  was  obtained.  (  Vid.  Argen- 
tum.  ) 

ARGUROKOPEPON  (apyvpoKonelov),  the  place 
where  money  was  coined,  the  mint.  That  at  Ath- 
ens appears  to  have  been  in  or  adjoining  to  the 
chapel  (rjptioy)  of  a  hero  named  Stephanephorus. 
In  it  were  kept  the  standard  weights  for  the  coins.12 

ARGYRAS'PIDES  (apyvpdoKidec),  a  division  of 
the  Macedonian  army,  who  were  so  called  because 
they  carried  shields  covered  with  silver  plates. 
They  were  held  in  high  honour  by  Alexander  the 
Great,  after  whose  death  they  went  over  to  Antigo- 
nus.13  Livy  mentions  them  as  the  royal  cohort  in 
the  army  of  Antigonus.14  The  Emperor  Alexander 
Severus  had  in  his  army  a  body  of  men  who  were 
called  argyroaspides.15 

*AR'IA  (apla),  a  species  of  plant.  Bauhin  held 
it  to  be  a  kind  of  pear-tree,  and  Miller  makes  it  to 
be  that  kind  which  gets  the  English  name  of  White 
Beam-tree,  namely,  the  Pyrus  Aria  of  Hooker.  But 
Schneider,  upon  the  authority  of  Sibthorp,  holds  it 
to  be  a  variety  of  the  Quercus  Hex.16 

ARIADNEI'A  CApiadveia),  festivals  solemnized 
in  the  island  of  Naxos  in  honour  of  Ariadne,  who, 
according  to  one  tradition,  had  died  here  a  natural 
death,  and  was  honoured  with  sacrifices,  accom- 
panied by  rejoicings  and  merriment.17  Another  fes- 
tival of  the  same  name  was  celebrated  in  honour  of 
Ariadne  in  Cyprus,  which  was  said  to  have  been 
instituted  by  Theseus  in  commemoration  of  her 
death  in  the  month  of  Gorpiseus.  The  Amathu- 
sians  called  the  grove  in  which  the  grave  of  Ari- 
adne was  shown,  that  of  Aphrodite- Ariadne.  This 
is  the  account  given  by  Plutarch19  from  Paeon,  an 
Amathusian  writer. 


1.  (Lys.,  o.  Nic,  apyias. — Ap.  Diog.  Laert.  in  Solone. — Har- 
pocr.,  s.  v.  KrjTToi  et  -Koranoq. — Val.  Max.,  ii.,  6,  3.) — 2.  (Onom., 
riii.,  6,  (>  42.)— 3.  [Vid.  Taylor,  Lect.  Lysiac,  p.  707,  708.)— 4. 
(Pallad.,  i.,  34,  3.— Colum.,  iii.,  11,  9.)— 5.  (Colum.,  iii.,  11,  9  ; 
vi.,  17,6;  viii.,2,  3.— Veg.,  iii.,4.)— 6.  (Colum.,  xii.,  4,  5.)— 7. 
(i.,  3.)— 8.  (viii.,  1,  5.)— 9.  (Georg.,  ii.,  99.)— 10.  (Henderson's 
Anc.  Wines,  p.  78.)— 11.  (in  Bceot.,  1002  ;  in  Olympiod.,  1179.) 
— 12.  (Pollux,  Onom.,  vii.,  103. — Bockh,  Pub.  Econ.  of  Athens, 
rol.  i.,  p.  194,  transl.) — 13.  (Justin.,  xii.,  7. — Curtius,  iv.,  13. — 
Plutarch,  Eumen.,  13,  &c.) — 14.  (Liv.,  xxxvii.,40.) — 15.  (Lam- 
f»rid.,  Alex.  Sev.,  50.) — 16.  (Theophrast.,  H.  P.,  iv.,  7. — Adams, 
ippend.,  s.  v.)— 17.  (Plutarch,  Thes.,  20.)— 18.  rn,P«    Ml 

92 


ARIES  (xpioc),  the  battering-ram,  was  aseJ  to 
shake,  perforate,  and  batter  down  the  walls  of  be- 
sieged cities.  It  consisted  of  a  large  beam,  mane 
of  the  trunk  of  a  tree,  especially  of  a  fir  or  an  ash. 
To  one  end  was  fastened  a  mass  of  bronze  or  'iron 
(K.eipa'kfi,  kju6o2,rj,  Trporofii}1),  which  resembled  i/i  its 
form  the  head  of  a  ram ;  and  it  is  evident  that  this 
shape  of  the  extremity  of  the  engine,  as  well  as  its 
name,  was  given  to  it  on  account  of  the  resemblance 
of  its  mode  of  action  to  that  of  a  ram  butting  with 
its  forehead.  The  upper  figure  in  the  annexed  wood- 
cut is  taken  from  the  bas-reliefs  on  the  column  of 
Trajan  at  Rome.  It  shows  the  aries  in  its  simplest 
state,  and  as  it  was  borne  and  impelled  by  human 
hands,  without  other  assistance.  Even  when  the 
art  of  war  was  much  advanced,  the  ram  must  have 
been  frequently  used  in  this  manner,  both  whenever 
time  was  wanting  for  more  complicated  arrange- 
ments, and  wherever  the  inequality  of  the  ground 
rendered  such  arrangements  impracticable.  This 
sculpture  shows  the  ram  directed  against  the  angle 
of  a  wall,  which  must  have  been  more  vulnerable 
than  any  other  part.  ("  Angularem  turrim  ictus  fo- 
ravit  arietis  violentior.  8) 


dx 


In  an  improved  form,  the  ram  was  surrounded 
with  iron  bands,  to  which  rings  were  attached,  for 
the  purpose  of  suspending  it  by  ropes  or  chains  from 
a  beam  fixed  transversely  over  it.  See  the  lower 
figure  in  the  woodcut.  By  this  contrivance  the  sol- 
diers were  relieved  from  the  necessity  of  supporting 
the  weight  of  the  ram,  and  they  could  with  ease 
give  it  a  rapid  and  forcible  motion  backward  and 
forward,  so  as  to  put  the  opposite  wall  into  a  state 
of  vibration,  and  thus  to  shatter  it  into  fragments. 

The  use  of  this  machine  was  farther  aided  by 
placing  the  frame  in  which  it  was  suspended  upon 
wheels,  and  also  by  constructing  over  it  a  wooden 
roof,  so  as  to  form  a  "  testudo"  (xeldvrj  Kpioiopog3). 
which  protected  the  besieging  party  from  the  defen- 
sive assaults  of  the  besieged.  Josephus  informs  us 
that  there  was  no  tower  so  strong,  no  wall  so  thick, 
as  to  resist  the  force  of  this  machine,  if  its  blows 
were  continued  long  enough.* 

The  beam  of  the  aries  was  often  of  great  length, 
e.  g.,  80,  100,  or  even  120  feet.  The  design  of  this 
was  both  to  act  across  an  intervening  ditch,  and  to 
enable  those  who  worked  the  machine  to  remain  in 
a  position  of  comparative  security.  A  hundred 
men,  or  even  a  greater  number,  were  sometimes 
employed  to  strike  with  the  beam. 

The  besieged  had  recourse  to  various  contrivan- 
ces in  order  to  defend  their  walls  and  towers  from 
the  attacks  of  the  aries.  1.  They  attempted,  by 
throwing  burning  materials  upon  it,  to  set  it  on  fire; 
and,  to  prevent  this  from  being  effected,  it  was  cov- 
ered with  sackcloth  ((te/3/5«,5  ciliciis*)  or  with  hides 

1.  (Josephus.— Suidas.)— 2.  (Amm.  Marcell.,  xxiv.,  2.)— 1 
(Appian,  Bell.  Mithrid.)— 4.  (Bell.  Jud.,  iii.)— 5.  (Joseph.,  1.  a 
—6.  (Veget.,  iv.,  23.) 


ARISTOLOCHIA. 


ARMA. 


uoriis  bubulis1),  which  were  sometimes  moistened 
[humedis  taurinis  ezuviis2).  2.  They  threw  down 
great  stones,  so  as  to  break  off  the  iron  head  of  the 
ram.3  3.  To  accomplish  the  same  purpose,  they 
erected  beams  turning  upon  upright  posts  (totteno- 
?iei) ;  from  the  extremities  of  these  beams  they  sus- 
pended masses  of  lead,  trunks  of  trees,  stones,  or 
parts  of  columns.  They  then  caused  these  ponder- 
ous bodies  to  fall  repeatedly  upon  the  head  of  the 
ram,  while  the  opposite  party  attempted  to  defeat 
this  effort  by  means  similar  to  those  mentioned  un- 
der the  article  Antenna,  viz.,  by  the  use  of  sickles 
fixed  to  the  ends  of  long  poles  (asseribus  falcalis*), 
and  employed  to  cut  the  ropes  by  which  the  stones 
and  other  weights  were  suspended.  4.  They  caught 
the  head  of  the  ram  in  a  noose  (laqueo,5  j3poxotc6), 
and  were  thus  enabled  to  draw  it  on  one  side  and 
avert  its  blows,  or  even  to  overturn  it  and  prevent 
its  action  altogether.7  5.  They  seized  the  head  with 
a  large  forceps  armed  with  teeth,  and  called  the 
wolf  (lupus*),  and  they  thus  baffled  the  efforts  of  the 
besiegers  in  the  same  way  as  by  using  the  noose. 
6.  They  filled  sacks  with  chaff,  or  stuffed  them  with 
other  soft  materials,  and  suspended  them  by  ropes 
wherever  the  ram  was  expected  to  strike,  so  as  to 
divert  its  blows  and  break  their  force,  the  besiegers 
meanwhile  employing  the  sickles,  as  already  men- 
tioned, to  cut  the  ropes.9  This  provision  of  sickles, 
in  addition  to  the  ram,  belonged  to  the  more  com- 
plicated engine,  called  tcstudo  arietaria. 

The  larger  machines  of  this  class  were  so  con- 
structed as  to  be  taken  to  pieces  in  order  to  be  con- 
veyed from  place  to  place,  and  were  put  together 
again  when  required  for  use.10 

Virgil  is  certainly  chargeable  with  an  anachron- 
ism when  he  speaks  of  the  aries  as  employed  at 
the  sieges  of  Ilium  and  of  Laurentum.11  Thucydi- 
des  mentions  the  use  of  it  by  the  Peloponnesians  at 
the  siege  of  Plataea.12  But  it  first  became  an  impor- 
tant military  engine  in  the  hands  of  the  Macedo- 
nians and  Carthaginians.  (Vid. Falx,  Helepolis, 
Testudo.) 

♦ARIES  (tcpioc),  the  ordinary  ram.     (Vid.  Ovis.) 

♦ARI'ON  (upeiuv  or  upiuv),  a  shellfish  noticed  by 
iElian.  It  is  now  applied  to  a  genus  of  the  class  Mol- 
lusca,  but  was  formerly  placed  under  the  Limaces.13 

♦ARIS'ARUM  (apicapov),  a  species  of  plant. 
Dodonseus  makes  out  its  alliance  with  the  Arum, 
5\nd,  accordingly,  modern  botanists  give  it  the  name 
cf  Arum  arisarum.  Miller  calls  it  Friar's  Cowl  in 
English.1* 

♦ARISTOLOCH'IA  (apiaroTioxia),  a  species  of 
plant,  the  modern  Birthwort.  There  is  some  diffi- 
culty in  recognising  the  three  kinds  described  by  the 
ancients.  Adams  thinks  there  is  little  reason  for 
rejecting  the  arpoyyvXij  as  being  the  Aristolochia 
Rotunda,  and  the  uaxpa  as  being  the  Longa  of  mod- 
ern botanists ;  and  yet  Sprengel  inclines  to  refer  the 
one  to  the  A.  pallida,  and  the  other  to  the  A.  Cretica, 
L.  The  KkriuariTiq  is  unquestionably  the  Aristoloch- 
ia dematitis,  or  Climbing  Birthwort.15  The  Birth- 
wort  tribe  possess  in  general  tonic  and  stimulating 
properties.  Pliny,  among  other  complaints  in  which 
the  aristolochia  was  found  useful,  notices  severe 
dysenteries,  difficulty  of  breathing,  hip-gout,  the 
sting  of  scorpions,  &c. ;  and  in  Peru,  at  the  present 
day,  the  A.  fragrantissima  (called  in  that  country 
Bejuca  de  la  Estrella,  or  Star-Reed)  is  highly  es- 
teemed as  a  remedy  against  dysenteries,  malignant 
inflammatory  fevers,  colds,  rheumatic  pains,  &c. 
The  root  is  the  part  used.16 

1.  (Vitruv.)— 2.  (Amm.  Marcell.,  xx.,  7.)— 3.  (aTroppt'iXai  Tt)v 
rtQciktiv  rov  liTjxavfjfjiaTos  :  Joseph.,  I.e.)— 4.  (Liv.,  xxxviii.,  5.) 
—5.  (Veget.,  1.  c.)— 6.  (Appian.,  1.  c.)— 7.  (Amm.  Marcell.,  xx., 
1  )— 8.  (Veget.,  1.  c.)— 9.  (Joseph.,  Veget.,  Appian.,  11.  cc.)— 
10.  (Amm.  Marcell.,  xx.)— 11.  (JEn.,ii.,491 ;  xii.,  706.)— 12.  (ii., 
76.) -^13.  (Adams,  Append.,  s.  v.)— 14.  (Dioscor.,  ii.,  198. — 
Adams,  Append.,  s.  v.) — 15  Mdans.  ADpend.,8.v.)— 16.  (T,ind- 
ley's  Botany,  p.  71.) 


ARMA,  ARMATU'RA  (hrea,  TtvXea,  Hem.  fcr- 
Aa),  arms,  armour. 

There  can  be  no  doubt  that,  in  the  eai  liest  timei, 
the  Greeks,  as  well  as  other  nations,  used  stones  ana 
clubs  for  their  weapons,  and  that  they  wore  the 
skins  of  the  -wild  beasts  which  they  had  slain,  at 
once  as  proofs  of  their  strength  and  prowess,  and 
as  a  protection  to  their  bodies.  Hence  Hercules 
was  commonly  represented  clad  in  the  spoils  of  the 
Nemean  lion,  as  well  as  carrying  a  club.1  The 
use  of  the  goatskin  for  a  similar  purpose  has  been 
noticed  under  the  article  JEgis.  Theocritus,  in  the 
following  lines,  describes  the  savage  wrestler  Amy- 
cus  as  wearing  the  skin  of  a  lion,  which  was  fasten- 
ed over  his  breast  by  two  of  the  paws,  and  depend^ 
from  thence  over  his  back : 

Avrup  vrrsp  vutolo  Kal  avx&oc  jjopecTo 
"Afcpuv  depua  Xeovrog  tMpnfiuevov  e/c  Ttodeuvu, 

This  mode  of  wearing  the  lion's  skin  is  displayed 
in  two  small  bronzes  of  very  high  antiquity,  which 
have  been  published  by  Micali,3  and  which  are  cop- 
ied in  the  annexed  woodcut. 


In  the  Homeric  battles,  we  have  some  traces  of 
the  use  of  hides  for  defensive  armour,  as  in  the  third 
book  of  the  Iliad,*  where  Paris  appears  lightly  arm- 
ed with  a  bow  and  panther's  skin  upon  his  shoul- 
ders. In  the  Argonautic  expedition,  Ancseus,  the 
Arcadian,  always  wore  for  the  same  purpose  the 
shaggy  hide  of  a  bear,  and  Argus  that  of  a  black 
bull.5  Even  as  late  as  the  Messenian  war,  the 
mountaineers  of  Arcadia,  serving  under  Aristode- 
mus  as  light-armed  soldiers,  wore  the  skins  both  of 
sheep  and  goats,  and  also  of  bears,  wolves,  and  oth- 
er wild  beasts.6 

Nevertheless,  the  armour  both  of  the  Greek  and 
Trojan  armies,  as  represented  by  Homer,  was  com- 
plete and  elaborate.  In  various  passages  he  de- 
scribes the  entire  suit  of  armour  of  some  of  his  great- 
est warriors,  viz.,  of  Achilles,  Patroclus,  Agamem- 
non, Menelaus,  and  Paris;7  and  we  observe  that  it 
consisted  of  the  same  portions  which  were  used  by 
the  Greek  soldiers  ever  after.  Moreover,  the  order 
of  putting  them  on  is  always  the  same.  The  heavy- 
armed  warrior,  having  already  a  tunic  around  his 
body,  and  preparing  for  combat,  puts  on,  first,  his 
greaves  (nvrjuldec,  ocrea)  ;  secondly,  his  cuiras9 
(dupa!-,  lorica),  to  which  belonged  the  uirpn  under- 
neath, and  the  zone  (&vq,  C,u>arfjp,  cingulum)  above; 
thirdly,  his  sword  (!ji<poc,  ensis,  gladius),  hung  on 
the  left  side  of  his  body  by  means  of  a  belt  which 

1.  (Vid.  Theocr.,  xxv.,  279.)— 2.  (Id.,  xxii.,  52.)— 3.    (Italia 
avanti  il  Dominio  dei  Romani,  pi.  xjv.,  fig,  3,  and  pi.  xvi.,  1,  fig 
7.)— 4.  (in.  17.)— 5.  (Orph.,  Argon.,  199.— Apoll.  Rhod.,i.,  324 
— Schol.  in  loc.)— 6.  (Paus.,  iv.,  11,  t>  1.)— 7.  (II.,  iii.,  328-339 
iv.,  132-138  ;  xi.,  15-45  ;  xvi.,  130-142  ;  xir.,  364-391.) 


ARMA. 

passed  over  the  right  shoulder ;  fourthly,  the  large 
round  shield  (gukoc,  hanic,  clipeus,  scutum),  support- 
ed in  the  same  manner ;  fifthly,  his  helmet  (nopve, 
Kvvtri,  cassis  galea) ;  sixthly  and  lastly,  he  took  his 
spear  {eyx°c,  $6pv,  hasla),  or,  in  many  cases,  two 
spears  (dovpe  6vu).  Virgil  represents  the  outfit  of 
a  warrior  as  consisting  of  the  same  six  portions, 
when  he  describes  the  armour  made  by  Vulcan  for 
iEneas,  and  brought  to  him  by  his  mother.1  The 
form  and  use  of  these  portions  are  described  in  sep- 
arate articles  under  their  Latin  names.  The  an- 
nexed woodcut  exhibits  them  all  in  the  form  of  a 
Greek  warrior  attired  for  battle,  as  shown  in  Hope's 
Costume  of  the  Ancients  (i.,  70). 


Those  who  were  defended  in  the  manner  which 
has  now  been  represented,  are  called  by  Homer  aa- 
TTL(jTai,  from  their  great  shield  (Jionic) ;  also  ayxe- 
fiuxoi,,  because  they  fought  hand  to  hand  with  their 
adversaries ;  but  much  more  commonly  rrpopaxoi, 
because  they  occupied  the  front  of  the  army :  and 
it  is  to  be  observed  that  these  terms,  especially  the 
last,  were  honourable  titles,  the  expense  of  a  com- 
plete suit  of  armour  {iravQ-Kkiri1)  being  of  itself  suf- 
ficient to  prove  the  wealth  and  rank  of  the  wearer, 
while  his  place  on  the  field  was  no  less  indicative 
cf  strength  and  bravery. 

In  later  times,  the  heavy-armed  soldiers  were 
called  oKAirai,  because  the  term  bnla  more  espe- 
cially denoted  the  defensive  armour,  the  shield  and 
thorax.  By  wearing  these  they  were  distinguished 
from  the  light-armed,  whom  Herodotus,3  for  the 
reason  just  mentioned,  calls  uvonloi,  and  who  are 
also  denominated  tptlol  and  yvfivoi,  yvfivf/rat  or 
yvfivTjrec.  Instead  of  being  defended  by  the  shield 
and  thorax,  their  bodies  had  a  much  slighter  cover- 
ing, sometimes  consisting  of  skins,  as  in  the  above- 
mentioned  instance  of  the  Arcadians,  and  some- 
times of  leather  or  cloth;  and,  instead  of  the  sword 
and  lance,  they  commonly  fought  with  darts,  stones, 
bows  and  arrows,  or  slings.  Though  greatly  infe- 
rior in  rank  and  prowess  to  the  heavy-armed  sol- 
diery, it  is  probable  that  they  often  surpassed  them 
in  numbers;  and  by  their  agility,  by  their  rapid 
movements  from  place  to  place,  and  by  embracing 
every  opportunity  of  assailing  the  enemy,  coming 
towards  the  front  under  the  protection  of  the  heavy- 

1    (JEn.,  viii.,  615-625.)— 2.  (Herod.,  i.,  60.)— 3.  (ix..  62,  63.) 

04 


ARMA. 

armed,  and  again  retreating  for  safety  into  the  rear, 
they  rendered  important  service  to  their  employers. 

We  are  justified  in  using  the  term  "  employers," 
because  the  light-armed  were  commonly  attached 
in  a  subordinate  capacity  to  individuals  of  the  heavy- 
armed  soldiery.  In  this  manner  the  Helots  were 
compelled  to  serve  in  the  Spartan  army.  At  the 
battle  of  Plataea,  each  Spartan  had  an  appointment 
of  no  less  than  seven  Helots  to  carry  his  arms,  t« 
protect  him  in  danger,  to  assist  him  in  conquering 
his  opponent,  and  also  to  perform  every  menial  ser- 
vice.1  On  the  same  occasion,  as  we  are  informed 
by  Herodotus,3  the  other  divisions  of  the  Greek 
army  had  only  one  light-armed  to  one  heavy-armed 
soldier.  In  after  times,  also,  the  Athenian  hoplite 
had  usually  one  attendant,  and  received  as  wages 
for  both  himself  and  his  servant  two  drachmae  per 
day.3 

Besides  the  heavy  and  light  armed  soldiers,  the 
orrXlrat  and  ifttTiol,  who,  in  general,  bore  towards 
one  another  the  intimate  relation  now  explained, 
another  description  of  men,  the  ntkraoTai,  also 
formed  a  part  of  the  Greek  army,  though  we  do  not 
hear  of  them  in  early  times.  Instead  of  the  large 
round  shield,  they  carried  a  smaller  one  called  the 
7ri?iT7j,  and  in  other  respects  their  armour,  though 
heavier  and  more  effective  than  that  of  the  •tyikoi, 
was  much  lighter  than  that  of  the  hoplites.  The 
weapon  on  which  they  principally  depended  was 
the  spear. 

The  cities  of  Euboea  agreed  to  go  to  battle  only 
as  hoplites,  discarding  the  use  of  light  armour,  de- 
pending on  the  sword  and  lance,  and  handling  the 
latter  as  a  pike.*  The  Euboeans  were  probably  in- 
duced to  form  this  agreement  in  consequence  of  the 
richness  of  thck  island  in  the  ores  of  copper  and 
iron.  On  the  other  hand,  those  nations  which  had 
neither  mines,  nor  any  considerable  wealth  of  other 
kinds,  could  scarcely  send  any  but  light-armed  scl 
diers,  who  commonly  served  as  mercenaries. 

The  Romans  legions  consisted,  as  the  Greek  in- 
fantry for  the  most  part  did,  of  heavy  and  light 
armed  troops  {gravis  et  levis  armatures).  But  they 
were  not  formed  upon  the  same  system  of  attaching 
individuals  to  one  another,  in  the  relation  of  the 
master  or  employer  and  his  servant.  At  all  events, 
this  system  did  not  prevail  among  the  Romans  to 
any  extent ;  and  when  Virgil,  in  the  JEneid,  men- 
tions the  armour-bearer  or  squire  (ar?niger),  we  must 
understand  him  to  allude  to  the  Grecian  or  Oriental 
practice,  or  to  attribute  such  attendance  and  state 
to  kings  and  generals  only. 

"When  a  legion  was  drawn  up  in  order  of  battle, 
the  heavy-armed  were  posted  in  front  in  three  di- 
visions, viz.,  the  principes,  the  hastati,  and  the  triarii, 
and  behind  them  were  placed  the  light-armed  in  two 
divisions,  called  the  rorarii,  and  the  accensi  or  velites, 
the  weight  and  strength  of  the  arms  decreasing 
gradually  in  these  five  divisions,  until  the  rear  con- 
sisted only  of  archers,  slingers,  and  other  troops, 
who  might  leave  their  place  whenever  occasion  re- 
quired, and  make  swift  excursions  for  the  purpose 
of  attacking  and  annoying  the  enemy.  Especially 
in  commencing  an  engagement,  the  light-armed 
troops  advanced  to  the  front,  strove  to  put  the  enemy 
to  flight,  and,  if  successful,  pursued  them.  If,  on 
the  other  hand,  they  were  worsted,  they  retreated 
again  in  a  body  behind  the  heavy  troops,  on  whom, 
as  the  main  stay  of  the  army,  depended  the  decision 
of  the  conflict.  If  the  heavy-armed  were  victori- 
ous, the  light-armed  again  rushed  forward  to  aid  in 
breaking  the  ranks  of  the  enemy,  and  the  pursuit 
was  left  to  them  and  to  the  cavalry,  while  the  prin- 
cipes, hastati,  and  triarii  maintained  their  original 
position.5 


1.  (Herod.,  ix.,  10,  28-30.— Manso,  Sparta,  i.,  1,  p.  136,  137.) 
—2.  (1.  c.)— 3.  (Thucyd.,  iii.,  17.)— 4.  (Strabo,  x.,  1,  12,  13.)  - 
5.  (Veget.,  De  Re  Milit.,  ii..  15-17  ) 


ARMA. 


ARMILLA. 


The  annexed  figure  is  taken  from  the  arch  of 
Septirnius  Severus  at  Rome.  On  comparing  it  with 
that  of  the  Greek  hoplite  in  the  last  woodcut,  we 
perceive  that,  while  the  national  character  is  dis- 
played by  a  wide  difference  in  the  attitude  and  ex- 
pression, the  several  parts  of  the  armour  correspond, 
excepting  only  that  the  Roman  soldier  wears  a  dag- 
ger (puxaipa,  pugio)  on  liis  right  side  instead  of  a 
«word  on  his  left,  and,  instead  of  greaves  upon  his 
legs,  has  femoralia  and  caliga.  All  the  essential 
parts  of  the  Roman  heavy  armour  (lorica,  ensis,  cli- 
peus,  galea,  hasta)  are  mentioned  together  in  an  epi- 
gram of  Martial,1  and  all  except  the  spear  in  a  well- 
known  passage  of  St.  Paul,2  whose  enumeration 
exactly  coincides  with  the  figures  on  the  arch  of 
Severus,  and  who  makes  mention,  not  of  greaves, 
but  of  shoes  or  sandals  for  the  feet. 


The  soft  or  flexible  parts  of  the  heavy  armour 
were  made  of  cloth  or  leather.  The  metal  princi- 
pally used  in  their  formation  was  that  compound  of 
copper  and  tin  which  we  call  bronze,  or,  more  prop- 
erly, bell-metal.  (Via*.  JEs.)  Hence  the  names  for 
this  metal  (xoXkoc,  <zs)  are  often  used  to  mean  ar- 
mour, and  the  light  reflected  from  the  arms  of  a  war- 
rior is  called  avyzj  xa^xeiT]  by  Homer,  and  lux  aena 
by  Virgil.3  Instead  of  copper,  iron  afterward  came 
to  be  very  extensively  used  in  the  manufacture  of 
arms,  although  articles  made  of  it  are  much  more 
rarely  discovered,  because  iron  is,  by  exposure  to 
air  and  moisture,  exceedingly  liable  to  corrosion 
and  decay.  Gold  and  silver,  and  tin  unmixed  with 
copper,  were  also  used,  more  especially  to  enrich 
and  adorn  the  armour.  When  the  Cyclopes,  under 
the  direction  of  Vulcan,  make  the  suit  for  JEneas, 
as  already  mentioned,  they  employ  these  various 
metals : 

"  Fluit  (BS  rivis,  aurique  metaUum : 
Vulnificusque  chalybs  vasta  fornace  liquescit" 

It  cannot  be  supposed  that  the  Roman  soldiers 
could  have  acquired  their  high  renown  as  conquer- 
ors without  being  regularly  instructed  in  the  use  of 
arms.  Vegetius  accordingly,  in  his  first  book,  de- 
votes several  chapters  to  an  account  of  the  exercises 
devised  for  this  purpose.  The  recruits  were  provi- 
ded with  shields,  spears,  and  other  weapons  of  un- 
usual size  and  weight,  and  in  other  respects  ex- 
pressly adapted  for  the  discipline  of  the  drill.    The 

I.  fix..  S7.>-2.  (Eph.,  vi  ,  14-17.)— 3.  (.En.,  ii.,  470.) 


masters  at  arms  were  called  armidoct&rcs  Jind  campv- 
doctores  (oTrhodcdatcTai,  oTr'AodiddonaXot). 

The  armory  or  arsenal,  in  which  arms  of  all 
kinds  were  kept,  was  called  armamentarium  (dnXo- 
drJKTjy  ottXoQvXukiov1).  The  marine  arsenal  at  the 
Piraeus,  built  by  the  architect  Philo,  was  the  glory 
of  the  Athenians.2 

In  rude  states  of  society,  when  the  spirit  of  vio- 
lence rendered  life  and  property  insecure,  both  Gre- 
cians and  the  nations  around,  whom  they  called 
barbarians,  constantly  carried  arms  for  their  dp- 
fence.3  In  the  time  of  Thucydides*  the  Athenians 
had  discontinued  this  practice,  because  the  necessi- 
ty for  being  always  armed  existed  no  longer;  but 
they  all  bore  spears  and  shields  in  the  public  pro. 
cessions. 

ARMA'RIUM,  originally  a  place  for  keeping 
arms,  afterward  a  cupboard,  in  which  were  kept, 
not  only  arms,  but  also  clothes,  books,  money,  or- 
naments, images,  pictures,  and  other  articles  of 
value.  The  armarium  was  generally  placed  in  the 
atrium  of  the  house.5  The  divisions  of  a  library 
were  called  armaria.6  We  find  armarium  distegum 
mentioned  as  a  kind  of  sepulchre  in  an  inscription 
in  Gruter.7 

ARMAMENTARIUM.     (  Vid.  Arma,  p.  95.) 

*ARMENI'ACA  MALA  {ufjla' kpfiEviana),  a  fruit, 
which  Dioscorides  makes  the  same  with  the  prceco- 
cia  of  the  Romans.  There  seems  little  reason  to 
doubt  that  it  is  identical  with  our  ApiicoL* 

*ARMENTCM  ('Apfievtov),  a  blue  pigment  called 
after  the  country  whence  it  came.  The  kind  which 
by  Dioscorides  is  esteemed  the  best,  appears  to  have 
been  an  earth;  for  he  requires  it  to  be  smooth,  fria- 
ble, and  free  from  stone.  Adams  makes  it  to  have 
been  an  impure  carbonate  of  copper,  like  the  Lapis 
Lazuli.  Hill,  however,  maintains  that  it  was  a  yel- 
low earth  or  ochre  of  copper.  The  Armenium  must 
not  be  confounded  with  the  Lapis  Armenius  (Ai0o( 
'ApfiEviaicoc),  or  Armenian  stone,  first  noticed  by 
Paulus  ^Egineta,  and  which  is  called  HQoc  \a^ovptoz 
by  Myrepsus.  Jameson  says  the  Armenian  stone 
of  the  ancients  was  a  limestone  impregnated  with 
earthy  azure  copper,  and  in  which  copper  and  iron 
pyrites  were  sometimes  disseminated.9 

ARMILLA  (ifjdXiov,  ifj&iov,  or  ipeXTuov,  y\t-&uv, 
afxpidea),  a  bracelet  or  armlet. 

Among  all  the  nations  of  antiquity,  the  Medcs 
and  Persians  appear  to  have  displayed  the  greatest 
taste  for  ornaments  of  this  class.  They  wore  not 
only  armillae  on  their  wrists,  and  on  the  arm  a  little 
below  the  shoulder,  but  also  earrings,  collars  or 
necklaces,  and  splendid  turbans.  These  portions 
of  their  dress  often  consisted  of  strings  of  valuable 
pearls,  or  wTere  enriched  with  jewels.  They  were 
intended  to  indicate  the  rank,  power,  and  wealth  of 
the  wearer,  and  this  use  of  them  has  continued 
through  successive  generations  down  to  the  present 
day.10 

In  Europe,  golden  armillae  were  worn  by  the 
Gauls  both  on  their  arms  and  on  their  wrists.11  The 
Sabines  also  wore  ponderous  golden  armillae  on  the 
left  arm,  about  the  time  of  the  foundation  of  Rome  ;13 

1.  (Vid.  Liv.,  xxxi.,23.— Juv.,  xiii.,  83.)— 2.  (Strab.,ix.,l,  15. 
— Plin.,  H.  N.,  vii.,  38.— Val.  Max.,  viii.,  12.— Cic.,De  Orat.,i., 
14.)— 3.  (Thucyd.,  i.,  6.)— 4.  (vi.,  58.)— 5.  (Dig.  33,  tit.  10,  s.  3. 
— Cic,  pro  Cluent.,  c.  64.— Petron.,  Sat.,  29.— Plin.,  II.  N, 
xxix.,  17,  32;  xxxv.,  2,  2.) — 6.  (Vitruv.,  vii.,  Prcef. — Vopisc., 
Tac,  8.)— 7.  (p.  383,  No.  4.)— 8.  (Dioscor.,  1, 165.— Hardooin  h\ 
Plin.,  H.  N.,  xv.,  21. — Casiri,  Biblioth.  Hispan.  Arab.,  vol.  i.,  pi 
330. — Gesner,  Lex.  Rusticum.) — 9.  (Dioscor.,  v.,  105. — Vitruv- 
7,  9.— Plin.,  H.  N.,  xxxv.,  28. — Adams,  Append.,  s.  v. — Moore'.t 
Anc.  Mineral.,  p.  68,  69.)— 10.  (Herod.,  viii.,  113;  ix.,  80.— 
Xen.,  Anab.,  i.,  2,  27  ;  i.,  8,  29.— Cyrop.,  i.,  3,  2,  3  ;  vi.,  4,  2,  rt 
alibi. — Chares  Mytil.,  ap.  Athen.,  iii.,  14. — Diod.  Sic,  v.,  45.— 
Corn.  Nep.,  Dat.,  iii. — Amm.  Marcell.,  xxiii.,  sub  fin. — Compare 
Gen.,  xxiv.,  22,  30,  47.— Ezek..  xxiii.,  42.-2  Sam.,J.,  10  — Wil 
kinson's  Customs  of  Anc.  Egypt,  vol.  iii.,  p.  374,  375.)—  11  (CI 
Quadrig.,  ap.  Aul.  Gell.,  ix.,  13.— Uepl  rols  (ipaxloci  *at  Toy 
Kapno'n  Uf'Xia  :  Strabo,  iv.,  4,  5  )— 12.  fLiv.,  i.,  11.— Floi  ,  i.,1 
—Val  Max.,  ix.,  6.  1  ) 

95 


AttiMILLA. 


ARMILLA. 


ana  at  the  sa;ne  early  period,  the  Samians  wore 
richly-ornamented  arm  jets  at  the  solemn  festivals 
in  honour  of  Jano.1 

It  does  not  appear  that  armillge  were  subsequently 
worn  among  the  Greeks  by  the  male  sex.  But  those 
ladies  who  a  ?med  at  elegance  and  fashion  had  both 
arnlets  (TcepiSpaxiovta*)  and  bracelets  (TreptudpTua, 
,repixsic>La>  aKpoxeipta),  of  various  materials,  shapes, 
fcui  styles  of  ornament.  In  a  comedy  of  Plautus, 
formed  upon  a  Greek  model,3  armillge  are  mention- 
ed as  parts  of  female  attire,  and  one  kind  is  distin- 
guished by  the  name  of  spinier.  This  term  {a<ptyK- 
Tfjp)  is  manifestly  derived  from  ctyCyyu  (to  com- 
press), and  its  application  is  explained  from  the  cir- 
cumstance that  the  bracelet  so  denominated  kept  its 
place  by  compressing  the  arm  of  the  wearer.  The 
armilla  was,  in  fact,  either  a  thin  plate  of  metal,  or 
a  wire  of  considerable  thickness;  and,  although 
sometimes  a  complete  ring,  it  was  much  more  fre- 
quently made  without  having  its  ends  joined ;  it  was 
then  curved,  so  as  to  require,  when  put  on,  to  be 
slightly  expanded  by  having  its  ends  drawn  apart 
from  one  another;*  and,  according  to  its  length,  it 
went  once,  twice,  or  thrice  round  the  arm,  or  even 
a  greater  number  of  times.  When  it  made  several 
turns,  it  assumed  the  form  so  clearly  denned  by  Ho- 
mer in  the  expression  yva/nrrdc  eluiac,  "  twisted 
spirals;"5  a  form  illustrated  by  numerous  armillee 
of  gold  and  bronze  in  our  collections  of  antiques, 
and  exhibited  very  frequently  on  the  Greek  painted 
vases.  (See  the  annexed  wood  cut,  from  Sir  William 
Hamilton's  £reat  work,  vol.  ii.,  pi.  35.) 


These  spiral  wires  were  sometimes  engraved  so 
as  to  exhibit  the  form  of  a  serpent,  and  bracelets  of 
this  description  were  called  snakes  by  the  Athenian 
iadies.5 

As  in  regard  to  the  frontal  (vid.  Ampyx),  so 
also  in  respect  of  armillee,  the  Greeks  conceived 
the  attire  of  a  goddess  to  resemble  that  of  a  lady  of 
superior  state  and  beauty.  Hence  they  attributed 
these  decorations  to  Aphrodite,7  and  traces  of  a 
metallic  armlet  are  seen  upon  the  celebrated  marble 
Btatue  of  that  divinity  preserved  at  Florence.  In  the 
British  Museum  is  an  inscription,9  found  among  the 
roins  of  the  Parthenon  at  Athens,  which  makes  dis- 
tinct mention  of  the  u^ideal  upon  both  the  arms 
of  a  golden  Victory  preserved  in  that  temple.9 
* ' ' ■ 

1.  (A»ii  Samii  Carm.  a  Bachio,  p.  146.) — 2.  (Xen.,  Cyrop.,  vi., 
4,2.— Chariton,  aDorville,  p.  110.)— 3.  (Men.,  iii.,  3.) — 4.  (Isid., 
Orig.,  xix.,30.) — 5.  (II.,  xviii.,  401.) — 6.  (Maris  and  Hesychius, 
B.  ▼.  S(btig.)—7.  (Plutarch,  De  Fort.  Rom.)— 8.  (Elgin  Coll., 
No.  267.)— 9.  (Bockh,  Staatsh.,  ii.,  p.  291,  293.— Id.,  Corpus 
laser.,  i.,  p.  235.) 
96 


Among  the  Romans  we  most  commonly  read  of 
armillae  as  conferred  upon  soldiers  for  deeds  of  ex- 
traordinary merit.1  (See  the  next  woodcut.)  An  in- 
stance of  this  occurs  in  Livy,2  where,  after  a  victo- 
ry, one  of  the  consuls  bestows  golden  crowns  and 
bracelets  upon  two  officers,  four  centurions,  and  a 
manipulus  of  hastati,  and  gives  silver  horns  and 
bracelets  to  others,  who  were  either  foreigners,  01 
younger  and  of  inferior  Tank.  Pliny  says3  that 
crowns  and  bracelets  of  gold  were  given  to  citizens, 
and  not  to  foreigners.  These  military  honours  are 
enumerated  in  the  inscriptions  upon  various  ancient 
monuments  raised  to  the  memory  of  Roman  officers 
and  soldiers,  stating  that  the  emperor  had  presented 
them  torquibus,  armillis,  phaleris,  &c,  and  often  re- 
cording the  exact  number  of  these  several  decora- 
tions.4 The  following  form  of  words  used  in  con- 
ferring them  is  preserved  by  Valerius  Maximus  :• 
"  Imperator  te  argenteis  armillis  donate 

The  Roman  females  wore  bracelets  partly  for 
use  and  partly  for  ornament.  The  use  of  them 
was  to  hold  amulets.  (Vid.  Amuletum.)  Pliny 
gives  a  variety  of  directions  respecting  the  remedies 
to  be  effected  by  inserting  particular  things  in  brace- 
lets (armillce,6  brachialia7),  and  wearing  them  con- 
stantly upon  the  arm.  On  the  same  principle,  the 
Emperor  Nero,  in  compliance  with  the  wishes  of 
his  mother,  sometimes  wore  on  his  right  arm  the 
exuviae  of  a  serpent,  enclosed  in  a  golden  armil- 
la.8 

As  ornaments,  armillae  were  worn  at  Rome  chiefly 
by  women  of  considerable  rank.  The  metallic  band 
was,  for  this  purpose,  frequently  enriched  with  pre- 
cious stones  and  other  beautiful  objects.  The  pres- 
ents of  amber,  succina  grandia,  mentioned  by  Ju- 
venal9 as  sent  to  a  lady  on  her  birthday,  were 
probably  bracelets  set  with  amber.10  In  the  follo^r- 
ing  woodcut,  the  first  figure  represents  a  gold  bracf*. 
let  discovered  at  Rome,  on  the  Palatine  Mount  * 
The  rosette  in  the  middle  is  composed  of  distint 


and  very  delicate  leaves.  The  two  starlike  ilc^*-  3 
on  each  side  have  been  repeated  where  the  holes  lor 
securing  them  are  still  visible.  The  second  figure 
represents  a  gold  bracelet  found  in  Britain,  and  pre- 
served in  the  British  Museum.     It  appears  to  be 


1.  (Festus,  s.  v.— Isid.,  Orig.,  1.  c.)— 2.  (Liv.,  sc.,  44.)— 3  (H. 
N  ,  xxxiii.,  10.) — 4.  (Bartholinus,  De  Armillis,  p.  52,92,  Gruter.) 
—5.  (viii.,  14,  5.)— 6.  (II.  N.,  xxviii.,9,  47.)— 7.  (lb.,  23;  xxxii  , 
3.)_8.  (Suet.,  Ner.,  6.)— 9.  (ix.,  50.)— 10.  ("gemmata  dextro- 
cheria:"  Schol.  in  loci— II.  (Caylus,  Rec.  d'Ant..  t.  v.,  pi.  93  \ 


AlixMY. 


ARMY. 


made  of  two  gold  wires  twisted  together,  and  the 
mode  of  fastening  it  upon  the  arm  by  a  clasp,  is 
worthy  of  observation.  It  has  evidently  been  a  lady's 
ornament.  Besides  objects  finely  wrought  in  gold, 
and  the  most  beautiful  pearls  and  jewels,  ladies' 
bracelets  were  also,  formed  to  display  other  exqui- 
site works  of  art.  Bottiger  says1  "it  can  scarcely  be 
doubted  that  the  most  splendid  gems,  with  figures 
cut  in  relief,  were  designed  to  be  worn  in  bracelets 
by  the  empresses,  and  other  women  of  high  rank  in 
Rome."  The  same  author  observes2 "  that  the  large 
bracelets,  made  with  three  or  four  coils,  were  in- 
tended as  rewards  for  the  soldiers,"  and  that  it  would 
be  ridiculous  to  suppose  such  massive  ornaments  to 
have  been  designed  for  women.  A  specimen  of 
these  ponderous  and  highly  valuable  armillae  is  rep- 
resented in  the  third  of  the  preceding  figures.  The 
original,  of  pure  gold,  is  more  than  twice  the  length 
of  the  figure,  and  was  found  in  Cheshire  3 

If  bracelets  were  worn  by  a  Caligula,*  it  was  re- 
garded as  a  sign  of  extravagance  and  effeminacy, 
being  quite  opposed  to  Roman  ideas  and  customs. 
In  general,  the  epithet  armillatus  denoted  a  servile 
or  degraded  condition.5 

The  terms  armilla  and  i[)£.1lov  are  used  for  orna- 
ments of  the  same  kind  as  those  already  explained, 
which  were  worn  upon  the  ankles,  very  commonly 
by  Africans  and  Asiatics,  rarely  by  Europeans.6  A 
dog-collar  is  also  called  armilla  {armUlatos  canes'), 
and  an  iron  ring  used  by  carpenters.8 

ARMILUS'TRIUM,  a  Roman  festival  for  the 
purification  of  arms.  It  was  celebrated  every  year 
on  the  14th  before  the  calends  of  November  (Oct. 
19),  when  the  citizens  assembled  in  arms,  and  offer- 
ed sacrifices  in  the  place  called  Armilustrum,  or 
Vicus  Armilustri,  in  the  13th  region  of  the  city.9 

•ARMORA'CIA  (f>a<pavi.c),   Horseradish.     (Vid. 

RHAPHaNIS.) 

ARMY  (GREEK).  In  the  petty  states  of  Greece, 
down  to  a  period  long  subsequent  "to  their  establish- 
ment, a  traveller,  when  beyond  the  walls  of  a  town, 
was  in  constant  danger  of  being  surprised  by  an  en- 
emy, and  often  the  labours  of  husbandry  were  ear- 
ned on  by  men  with  arms  in  their  hands.10  This 
insecurity  of  liberty  and  life  must  have  tended  pow- 
erfully to  have  infused  a  martial  spirit  among  the 
Greeks ;  and,  though  they  may  have  borrowed  the 
first  principles  of  war  from  the  nations  of  the  East,  it 
was  among  them  that  the  organization  of  a  military 
force,  and  the  tactics  of  the  field,  were  brought  near- 
ly to  as  high  a  degree  of  perfection  as  was  consist- 
ent with  the  nature  of  the  arms  in  use  before  the  in- 
dention of  gunpowder. 

The  attack  on  Thebes  and  the  war  of  Troy  are 
i he  earliest  instances  in  the  Grecian  history  of 
military  actions  performed  on  a  considerable  scale; 
and  on  the  latter  occasion  (probably  about  B.C. 
1184),  an  army  of  100,000  men  is  supposed  to  have 
been  assembled.  It  would  seem  that  the  troops  of 
the  different  states  engaged  in  this  war  were  at  first 
intermixed  with  each  other ;  for,  in  the  second  book 
of  the  Iliad,11  Nestor  is  represented  as  advising  Ag- 
amemnon to  divide  the  army  into  several  bodies,  ac  • 
cording  to  the  nations  or  tribes  of  which  it  was 
composed,  and  to  place  each  division  under  its  own 
prince.  It  is  scarcely  conceivable,  however,  that 
such  a  distribution  did  not  always  subsist  when  na- 
tions combined  together  for  one  object;  and,  as  the 
ships  of  the  several  states  appear  to  have  been 
drawn  up  separately,  probably  the  mixture  of  the 
troops  was  only  an  accidental  circumstance,  arising 
from  the  inactivity  in  which  the  army  had  for  some 


1.  (Sabina,  ii,  159.)— 2.  (p.  157.)— 3.  (Archjeologia,  xxvii., 
400  )— 4.  (Suet.,  Cal.,  52.)— 5.  (Suet.,  Ner.,  30.— Mart.,  xi.,  22.) 
—6.  (Herod  ,  iv.,  168.)— 7.  (Propert.,  iv.,  8,  24.)— 8.  (Vitruv., 
i.,  6.)— 9.  <Fcstus,  s.  v.—  Varro,  De  Ling.  Lat.,  iv.,  32  ;  v.,  3.— 
Liv.,  xxvii.,  37.— P.  Vict.,  De  Re^ionibus,  U.  R.— Inscript.  in 
Gruter,  p.  250.)— 10.  (* jca  yup  fi ' EAAtij  i ctdnpoMpei  •  Thucyd., 
.,6.)— 11.  (1.362.)  3 


time  previously  remained.  It  may  be  imagined,, 
thereibre,  that  the  advice  of  Nestor  was  only  intend- 
ed as  a  regular  notice  for  re-forming  the  army  pre- 
paratory to  inspection,  and  previously  to  a  return 
to  active  service:  be  that  as  it  may,  the  practice 
was  afterward  general,  rs  well  in  the  East  as  in  the 
Greek  states  of  Europe. 

In  the  fourth  book  of  the  Iliad,1  the  arrangement 
of  the  army  previously  to  an  engagement  is  dis- 
tinctly described.  A  line  of  war- chariots,  in  which 
the  chiefs  fought,  formed  the  front ;  the  heavy-arm' 
ed  foot  were  in  the  rear ;  and  the  middle  space  was 
occupied  by  archers  or  light-armed  men,  on  whom 
less  reliance  could  be  placed.  The  warriors  were 
protected  by  cuirasses,  greaves,  and  helmets,  all  of 
bronze ;  they  carried  strong  bucklers,  and  their  of- 
fensive arms  were  javelins  or  pikes,  and  swords. 
The  battle  began  by  darts  being  thrown  from  the 
chariots  as  the  latter  advanced  to  break  the  ranks 
of  the  enemy :  the  chariots  probably  then  fell  into  the 
intervals  between  the  divisions  of  the  troops  who 
fought  on  foot;  for  the  latter  are  said  to  have  moved 
up  in  close  order  and  engaged,  shield  touching 
shield,  and  lance  opposed  to  lance,  while  the  light- 
armed  troops,  now  in  the  rear  of  all,  or  behind  the 
chariots,  discharged  their  arrows  and  stones  ovei 
the  heads  of  the  combatants  in  front.  The  precept 
of  Nestor,  that  the  warriors  should  keep  their  ranks 
in  action,  according  to  the  manner  of  their  ances- 
tors, indicates  that  a  certain  degree  of  regularity  had 
long  before  been  observed  in  the  march  of  armies, 
or  in  the  collisions  of  hostile  troops. 

On  contemplating  the  account  given  by  Homer,  it 
must  appear  evident  that  the  practice  of  war  in  his 
age  differed  from  that  which  was  followed  by  the 
Asiatics,  Egyptians,  and  Greeks  of  a  much  later  peri- 
od, chiefly  in  the  absence  of  cavalry :  a  circumstance 
which  seems  to  prove  that  the  art  of  horsemanship, 
though  not  wholly  unknown,  since  Diomed  rides  on 
one  of  the  horses  which  had  been  taken  from  the 
car  of  Rhesus,2  must  have  been  then  very  imperfect 
The  dense  array  in  which  the  Greeks  are  represent- 
ed as  formed,  in  the  fourth  and  thirteenth  books  of 
the  Iliad,  corresponds  to  that  of  the  body  of  troops 
subsequently  denominated  a  phalanx ;  and  these  are 
the  first  occasions  on  which  great  bodies  of  men  are 
said  to  have  been  so  drawn  up.  But,  at  the  same 
time,  it  must  be  remarked,  that  though  the  poet 
seems  in  some  passages  to  consider  the  compact  ar- 
rangement of  troops  as  a  matter  of  great  importance ; 
yet  the  issue  of  the  battle  is  almost  always  decided 
by  the  personal  prowess  of  individual  chieftains, 
who  are  able  to  put  to  flight  whole  troops  of  ordina- 
ry soldiers. 

From  a  passage  in  the  last  book  of  the  Iliad,3  it 
appears  that  during  the  heroic  ages,  as  they  are  call- 
ed, every  family  in  a  state  was  obliged  to  furnish 
one  man,  or  more,  who  were  chosen  by  lot,  when  a 
chieftain  intended  to  set  out  on  a  military  expedi- 
tion. While  absent  from  home,  the  troops  subsisted 
by  supplies  brought  up  from  their  own  district,  or 
raised  in  that  of  the  enemy.  In  the  manner  last 
mentioned,  and  by  the  plunder  obtained  in  piratical 
excursions  to  the  neighbouring  coasts,  the  Greek 
army  supported  itself  during  the  ten  years  of  the 
Trojan  war. 

When,  after  the  return  of  the  Heraclidae,  the 
states  of  Greece  had  acquired  some  stability,  the 
great  lawgivers  of  Sparta  and  Athens,  while  form- 
ing constitutions  for  their  several  people,  are  said  to 
have  made  regulations  for  the  military  service.  To 
the  free  citizens  only  was  it  thought  proper  to  grant 
the  honour  of  serving  their  country  in  complete  ar- 
mour; and  we  learn  from  Herodotus  that  slave* 
were  made  to  act  as  light-armed  troops.  In  thu 
action  at  Platsea  against  Mardonius,  the  right  wing 
of  the  Grecian  army  was  composed  of  10,000  La- 

I.  (I.  297-299.)— 2.  (II.,  x..  513,  514.)— 3.  (1  400.) 

97 


ARMY. 


AKMY. 


eedaemcnians,  of  whom  half  were  Spartans,  and 
each  of  these  was  accompanied  by  seven  Helots ; 
the  remaining  5000,  who  were  furnished  by  the 
other  towns  of  Laconia,  were  each  accompanied  by 
one  Helot.1  The  employment  of  slaves  in  the  an- 
cient armies  was,  however,  always  considered  as  a 
dangerous  measure ;  and  it  was  apprehended,  with 
reason,  that  they  might  turn  against  their  masters, 
or  desert  to  the  enemy. 

The  organization  of  the  Lacedaemonian  army 
was  more  perfect  than  that  of  any  other  in  Greece. 
It  was  based  upon  a  graduated  system  of  subordi- 
nation, which  gave  to  almost  every  individual  a  de- 
gree of  authority,  rendering  the  whole  military  force 
a  community  of  commanders,8  so  that  the  signal 
given  by  the  king  ran  in  an  instant  through  the 
whole  army.3  The  foundation  of  this  system  is  at- 
tributed to  Lycurgus,  who  is  said  to  have  formed 
the  Lacedaemonian  forces  into  six  divisions  (/j.6pat). 
Each  fiopa  was  commanded  by  a  7roke/j.apxog,  under 
whom  were  four  koxayoi,  eight  TzevTrjuocTfipeg,  and 
sixteen  evto/ioTupxoi  ;*  consequently,  two  evofiorlai 
formed  a  nevr^Koarvg,  two  of  these  a  koxog,  and 
four  Ioxol  made  a  /xopa.  The  regular  comple- 
ment of  the  enomotia  appears  to  have  been  twen- 
ty-four men  besides  its  captain.  The  lochus,  then, 
consisted  ordinarily  of  100,  and  the  mora  of  400 
men.  The  front  row  of  the  enomotia  appears  to 
have  consisted  of  three  men,  and  the  ordinary  depth 
of  the  line  of  eight  men.  The  number  of  men  in 
each  enomotia  was,  however,  not  unfrequentiy  in- 
creased. Thus,  a;  die  battle  of  Mantinea,  another 
file  was  added ;  so  that  the  front  row  consisted  of 
four  men,  and  each  enomotia  consequently  contain- 
ed thirty-two  men.5  At  the  battle  of  Leuctra,  on 
the  contrary,  the  usual  number  of  files  was  retain- 
ed, but  the  depth  of  its  ranks  was  increased  from 
eight  to  twelve  men,  so  that  each  enomotia  contain- 
ed thirty-six  men.6  In  the  time  of  Xenophon,  the 
mora  appears  to  have  consisted  usually  of  600  men.7 
The  numbers  seem,  however,  to  have  fluctuated 
considerably,  according  to  the  greater  or  less  in- 
crease in  the  number  of  the  enomotia.  Ephorus 
makes  the  mora  to  consist  of  500  men,  and  Polybi- 
us8of900. 

At  the  battle  of  Mantinea  there  were  seven  lochi, 
and  the  strength  of  the  lochus  was  doubled  by  being 
made  to  consist  of  four  pentecostyes  and  eight  eno- 
motiae.9  Upon  this  account  Dr.  Arnold  remarks:10 
"  A  question  here  arises  why  Thucydides  makes  no 
mention  of  the  mora,  which,  according  to  Xeno- 
phon, was  the  largest  division  of  the  Lacedaemonian 
army,  and  consisted  of  four  lochi ;  the  whole  Spar- 
lan  people  being  divided  into  six  morae.  The  scho- 
liast on  Aristophanes11  says  that  there  were  six  lochi 
in  Sparta,  others  say  five,  and  Thucydides  here 
speaks  of  seven ;  but  I  think  he  means  to  include  the 
Brasidian  soldiers  and  the  neodamodes ;  and,  sup- 
posing them  to  have  formed  together  one  lochus, 
the  number  of  the  regular  Lacedaemonian  lochi 
would  thus  be  six.  These  lochi,  containing  each 
512  men,  are  thus  much  larger  than  the  regular 
mora,  which  contained  only  400,  and  approach  more 
nearly  to  the  enlarged  mora  of  600  men,  such  as  it 
usually  was  in  active  service  in  the  time  of  Agesi- 
laus.  Was  it  that,  among  the  many  innovations  in- 
troduced into  Sparta  after  the  triumphant  close  of 
the  Pcloponnesian  war,  the  term  lochus  was  hence- 
forward used  in  the  sense  in  which  the  other  Greeks 
commonly  used  it,  that  is,  as  a  mere  military  divis- 
ion, consisting  properly  of  about  100  men ;  and  that, 
to  avoid  confusion,  the  greater  divisions,  formerly 
called  lochi,  and  whose  number,  as  being  connected 

1.  (Herod.,  ix.,  28.) — 2.  (rd  arparont^ov  rwv  AaKeSaifiovloyv 
HpXOVTts  apx&vT0)v  ttai:  Thucyd.,  v.,  66.) — 3.  (Heeren,  Polit. 
Antiq.,  I)  29.) — 4.  (Xen.,  De  Rep.  Laced.,  xi.,  4.)— 5.  (Thucyd., 
r.,  68.)— 6.  (Xen.,  Hellen.,  vi.,  4,  $  12.)— 7.  (Ibid.,  iv.,  5,  f  11, 
!2.)— 8.  (quoted  hy  Plutarch,  Pelop.,  17.)— 9.  (Thucyd.,  v.,  68.) 
-10  'Note  on  Thucyd.,  v.,  68.)— 11.  (Lysistrat.,  454.) 
98 


with  old  traditions  and  political  divisions,  was  noj 
variable,  were  for  the  future  called  by  the  less  equiv- 
ocal name  of  morae  V 

To  each  mora  of  heavy-armed  infantry  there  be- 
longed a  body  of  cavalry  bearing  the  same  name,'- 
consisting  at  the  most  of  100  men,  and  commanded 
by  the  hipparmost  (lirirapfiooTr/g2).  The  cavalry  is 
said,  by  Plutarch,  to  have  been  divided  in  the  time 
of  Lycurgus  into  oulami  (ovkafioi)  of  fifty  men  each;3 
but  this  portion  of  the  Lacedaemonian  army  was 
unimportant,  and  served  only  to  cover  the  wings  of 
the  infantry.  The  three  hundred  knights  forming 
the  king's  body-guard  must  not  be  confounded  with 
the  cavalry.  They  were  the  choicest  of  the  Spar- 
tan youths,  and  fought  either  on  horseback  or  on 
foot,  as  occasion  required. 

Solon  divided  the  Athenian  people  into  four  class- 
es, of  which  the  first  two  comprehended  those  per- 
sons whose  estates  were  respectively  equivalent  to 
the  value  of  500  and  300  of  the  Attic  measures  called 
medimni.  These  were  not  obliged  to  serve  in  the 
infantry  or  on  board  ship,  except  in  some  command ; 
but  they  were  bound  to  keep  a  horse  for  the  public, 
and  to  serve  in  the  cavalry  at  their  own  expense. 
The  third  class,  whose  estates  were  equivalent  to 
200  such  measures,  were  obliged  to  serve  in  the 
heavy-armed  foot,  providing  their  own  arms ;  and 
the  people  of  the  fourth  class,  if  unable  to  provide 
themselves  with  complete  armour,  served  .  eithej 
among  the  light-armed  troops  or  in  the  navy.  The 
ministers  of  religion,  and  persons  who  danced  in  the 
festival  of  Dionysus,  were  exempt  from  serving  in 
the  armies;  the  same  privilege  was  also  accorded 
to  those  who  farmed  the  revenues  of  the  state.  There 
is  no  doubt  that,  among  the  Athenians,  the  divisions 
of  the  army  differed  from  those  which,  as  above  sta- 
ted, had  been  appointed  by  the  Spartan  legislator ; 
but  the  nature  of  the  divisions  is  unknowr,  and  it 
ran  only  be  surmised  that  they  were  such  as  are 
hinted  at  in  the  Cyropaedia.  In  that  work,  Xeno- 
phon, who,  being  an  Athenian,  may  De  supposed  to 
have  in  view  the  military  institutions  of  his  own 
country,  speaking  of  the  advantages  attending  the 
subdivisions  of  large  bodies  of  men,  with  respect  to 
the  power  of  re-forming  those  bodies  when  they  hap- 
pen to  be  dispersed,  states*  that  the  ragig  consists 
of  100  men,  and  the  "koxog  of  twenty-four  men  (ex- 
clusive of  their  officer) ;  and  in  another  passage  he 
mentions  the  de/«lg,  or  section  of  ten,  and  the  ire^- 
irdg,  or  section  of  five  men.  The  ru^ig  seems  to 
have  been  the  principal  element  in  the  division  of 
troops  in  the  Athenian  army,  and  to  have  corre- 
sponded to  the  Peloponnesian  koxog.  The  infantry 
was  commanded  by  ten  strategi  {Vid.  Straiegi) 
and  ten  taxiarchs,  and  the  cavalry  by  two  hipparchs 
and  ten  phylarchs.  These  officers  were  chosen  an- 
nually, and  they  appear  to  have  appointed  the  sul>- 
ordinate  officers  of  each  rd^ig  or  koxog. 

The  mountainous  character  of  Attica  and  the 
Peloponnesus  is  the  reason  that  cavalry  was  nevei 
numerous  in  those  countries.  Previously  to  the 
Persian  invasion  of  Greece,  the  number  of  horse- 
soldiers  belonging  to  the  Athenians  was  but  ninety- 
six,  each  of  the  forty-eight  naucrariae  {yavKpapiai), 
into  which  the  state  was  divided,  furnishing  two 
persons;  but  soon  afterward  the  body  was  augment- 
ed to  1200  KaTa<ppanToi,  or  heavy-armed  horsemen, 
and  there  was,  besides,  an  equal  number  of  qkcoFjo- 
kicToi,  or  archers,  who  fought  on  horseback.  The 
horses  belonging  to  the  former  class  were  covered 
with  bronze  or  other  metal,  and  they  were  orna- 
mented with  bells  and  embroidered  clothing.  Be- 
fore being  allowed  to  serve,  both  men  and  horses 
were  subject  to  an  examination  before  the  hip- 
parchs, and  punishments  were  decreed  against  per- 
sons who  should  enter  without  the  requisite  qualifi- 


1.  (Xen.,  De  Rep.  Laced.,  xi.,  4.) — 2.  (Xen.,  Hellen,  jy  ,  4 
t>  10  ;  iv.,  5,  ()  12.)— 3.  (Plut.,  Lycurg.,  23.'  -A.  (v  ,1,4* 


ARMY. 


ARMY. 


cations.  It  was  also  the  d  uty  of  the  hipparchs  to 
train  the  cavalry  in  time  of  peace.1 

Every  free  citizen  of  the  Greek  states  was,  ac- 
cording to  Xenophon  and  Plutarch,  enrolled  for 
military  service  from  the  age  of  18  or  20,  to  58  or 
60  years,  and  at  Sparta,  at  least,  the  rule  was  com- 
mon to  the  kings  and  the  private  people.  The 
young  men,  previously  to  joining  the  ranks,  were 
instructed  in  the  military  duties  by  the  raKTiKoi  or 
pubUc  teachers,  who  were  maintained  by  the  state 
for  the  purpose ;  and  no  town  in  Greece  was  with- 
out its  gymnasium  or  school.  The  times  appointed 
for  performing  the  exercises,  as  well  in  the  gymna- 
sium as  in  the  camp,  were  early  in  the  morning,  and 
in  the  evening  before  going  to  rest.  The  first  em- 
ployment of  the  young  soldiers  was  to  guard  the 
city;  and  in  this  duty  they  were  associated  with 
such  veterans  as,  on  account  of  their  age,  had  been 
discharged  from  service  in  the  field.  At  20  years 
of  age  the  Athenian  reeruit  could  be  sent  on  foreign 
expeditions ;  but,  among  the  Spartans,  this  was  sel- 
dom done  till  the  soldier  was  30  years  old.  No 
man  beyond  the  legal  age  could  be  compelled  to 
serve  out  of  his  country,  except  in  times  of  public 
danger ;  but  mention  is  occasionally  made  of  such 
persons  being  placed  in  the  rear  of  the  army  during 
an  action,  and  charged  with  the  care  of  the  bag- 
gage.2 While  the  Athenians  were  engaged  in  an 
expedition  against  iEgina,  the  Peloponnesians  sent 
a  detachment  of  troops  towards  Megara,  in  expec- 
tation of  surprising  the  place ;  but  the  young  and 
the  aged  men  who  remained  to  guard  Athens 
marched,  under  Myronides,  against  the  enemy,  and 
prevented  the  success  of  the  enterprise.3 

An  attention  to  military  duties,  when  the  troops 
were  encamped,  was  strictly  enforced  in  all  the 
Greek  armies;  but  a  considerable  difference  pre- 
vailed in  those  of  the  two  principal  states  with  re- 
spect to  the  recreations  of  the  soldiers.  The  men 
-jf  Athens  were  allowed  to  witness  theatrical  per- 
formances, and  to  have  in  the  camp  companies  of 
singers  and  dancers.  In  the  Lacedaemonian  army, 
Dn  the  contrary,  all  these  were  forbidden;  the  con- 
stant practice  of  temperance,  and  the  observance  of 
a  rigid  discipline,  being  prescribed  to  the  Spartan 
youth,  in  order  that  they  might  excel  in  war  (which 
among  them  was  considered  as  the  proper  occupa- 
tion of  freemen) ;  and  manly  exercises  alone  were 
permitted  in  the  intervals  of  duty.  Yet,  while  en- 
camped, the  young  men  were  encouraged  to  use 
perfumes,  and  to  wear  costly  armour,  though  the 
adorning  of  their  persons  when  at  home  would 
have  subjected  them  to  the  reproach  of  effeminacy. 
On  going  into  action,  they  crowned  themselves  with 
garlands,  and  marched  with  a  regulated  pace,  a 
concert  of  flutes  playing  the  hymn  of  Castor.* 

The  military  service  was  not  always  voluntarily 
embraced  by  the  Greek  people,  since  it  was  found 
necessary  to  decree  punishments  against  such  as 
evaded  the  conscriptions.  These  consisted  in  a  dep- 
rivation of  the  privileges  of  citizenship,  or  in  being 
branded  in  the  hand.  Deserters  from  the  army 
were  punished  with  death ;  and  at  home,  when  a 
man  absented  himself  from  the  ranks,  he  was  made 
to  sit  three  days  in  a  public  place  in  women's  ap- 
parel. It  was  held  to  be  highly  disgraceful  in  a  sol- 
dier if,  after  an  action,  he  was  without  his  buckler ; 
P-iobably  because  this  implied  that  he,  who  ought 
to  have  maintained  his  post  till  the  last  moment, 
had  made  a  precipitate  retreat;  a  coward  would 
throw  away  his  buckler  in  order  that  he  might  run 
faster. 

In  the  infancy  of  the  Greek  republics,  while  the 
theatre  of  war  was  almost  at  the  gates  of  each  city, 
the  soldier  served  at  his  own  expense  in  that  class 
of  troops  which  his  fortune  permitted  him  to  join. 

I.  {Vid.  Xenophon's  treatise  entitled  'Imrapxix^s.) — 2.  (Thu- 
eyd.,  v,72.)— 3.  (Thucyd.,  1.,  105.)— 4.  (Plutarch,  Lycurg.) 


Both  at  Athens  and  Sparta  the  'nzirelg,  or  horsemen, 
consisted  of  persons  possessing  considerable  estates 
and  vigour  of  body ;  each  man  furnished  and  main- 
tained his  own  horse,  and  he  was,  besides,  bound  to 
provide  at  least  one  foot-soldier  as  an  attendant.  In 
the  time  of  Xenophon,  however,  the  spirit  of  the  ori- 
ginal institution  had  greatly  declined ;  not  only  was 
the  citizen  allowed  to  commute  his  personal  servi- 
ces for  those  of  a  horseman  hired  in  his  stead,  bnt 
the  purchase  and  maintenance  of  the  horoes,  which 
were  imposed  as  a  tax  on  the  wealthy,  were  ill  exe- 
cuted ;  the  men,  also,  who  were  least  able  in  body, 
and  least  desirous  of  distinguishing  themselves, 
were  admitted  into  the  ranks  of  the  cavalry. 

The  distress  occasioned  by  the  long  continuance 
of  the  Peloponnesian  war  having  put  it  out  of  the 
power  of  the  poorer  citizens  of  Athens  to  serve  the 
country  at  their  own  expense,  Pericles  introduced 
the  practice  of  giving  constant  pay  to  a  class  of  the 
soldiers  out  of  the  public  revenue ;  and  this  was 
subsequently  adopted  by  the  other  states  of  Greece. 
The  amount  of  the  pay  varied,  according  to  circum- 
stances, from  two  oboli  to  a  drachma.1  The  com- 
manders of  the  loxoi  received  double,  and  the 
strategi  four  times,  the  pay  of  a  private  foot-soldier.a 
A  truce  having  been  made  between  the  Athenians 
and  Argives,  it  was  appointed  that,  if  one  party  as- 
sisted another,  those  who  sent  the  assistance  should 
furnish  their  troops  with  provisions  for  thirty  days ; 
and  it  was  farther  agreed,  that  if  the  succoured  party 
wished  to  retain  the  troops  beyond  that  time,  they 
should  pay,  daily,  one  drachma  (of  iEgina)  for  each 
horseman^  and  three  oboli  for  a  foot-soldier,  whether 
heavy-armed,  light-armed,  or  archer.3  At  Athens, 
by  the  laws  of  Solon,  if  a  man  lost  a  limb  in  war, 
one  obolus  was  allowed  him  daily  for  the  rest  of  his 
life  at  the  public  expense ;  the  parents  and  children 
of  such  as  fell  in  action  were  also  provided  .or  by 
the  state.     (  Vid.  Adunatoi.) 

With  the  acquisition  of  wealth,  the  love  of  easa 
prevailed  over  that  of  glory ;  and  the  principal  states 
of  Greece,  in  order  to  supply  the  places  of  such  citi- 
zens as  claimed  the  privilege  of  exemption  from 
military  service,  were  obliged  to  take  in  pay  bodies 
of  troops  which  were  raised  among  their  poorer 
neighbours.  The  Arcadians,  like  the  modem  Swiss, 
were  most  generally  retained  as  auxiliaries  in  the 
armies  of  the  other  Greek  states.  In  earlier  times, 
to  engage  as  a  mercenary  in  the  service  of  a  foreign 
power  was  considered  dishonourable ;  and  the  name 
of  the  Carians,  who  are  said  to  have  been  the  first 
to  do  so,  became  on  that  account  a  term  of  reproach. 

The  strength  of  a  Grecian  army  consisted  chiefly 
in  its  foot-soldiers ;  and  of  these  there  were  at  firs't 
but  two  classes  :  the  dirliTaL,  who  wore  heavy  ar- 
mour, carried  large  shields,  and  in  action  used 
swords  and  long  spears ;  and  the  ipuoi,  who  were 
light-armed,  having  frequently  only  helmets  and 
small  bucklers,  with  neither  cuirasses  nor  greaves, 
and  who  were  employed  chiefly  as  skirmishers  in 
discharging  arrows,  darts,  or  stones.  An  interme- 
diate class  of  troops,  called  ireATaarat,  or  targeteers, 
was  formed  at  Athens  by  Iphicrates,  after  the  Pelo- 
ponnesian war  :*  they  were  armed  nearly  in  the 
same  manner  as  the'  oirlirat,  but  their  cuirasses 
were  of  linen  instead  of  bronze  or  iron;  their  spears 
were  short,  and  they  carried  small  round  bucklers 
(TreXrai).  These  troops,  uniting  in  some  measure 
the  stability  of  the  phalanx  with  the  agility  of  the 
light-armed  men,  were  found  to  be  highly  efficient; 
and  from  the  time  of  their  adoption,  they  were  ex- 
tensively employed  in  the  Greek  armies.  A  band 
of  club-men  is  mentioned  by  Xenophon  among  the 
Theban  troops  at  the  battle  of  Leuctra. 

Scarlet  or  crimson   appears  to  have  been  the 
general  colour  of  the  Greek  uniform,  at  least  in  the 


I.  (Thucyd.,  iii.,  17.)— 2.  (Xen.,  Anah.,  vii.,fi.  tf  l.)--3    (Tho 
cyd.,  v.,  47.")— 4.  (Xen.,  Hellen.,  iv.,  4,  t>  16-18.) 


ARMY. 


&R]\IY. 


days  of  Xenophon ;  for  he  observes1  that  the  army 
of  Agesilaus  appeared  all  bronze  and  scarlet  (anav- 
•  a  ptv  xahnbv,  a,7ravra  6e  (poivma  (paiveodai). 

The  oldest  existing  works  which  treat  expressly 
ef  the  constitution  and  tactics  of  the  Grecian  armies 
are  the  treatises  of  iElian  and  Arrian,  which  were 
written  in  the  time  of  Hadrian,  when  the  art  of  war 
had  changed  its  character,  and  when  many  details 
relating  to  the  ancient  military  organizations  were 
ibrgotten.  Yet  the  systems  of  these  tacticians,  speak- 
ing generally,  appear  to  belong  to  the  age  of  Philip 
or  Alexander ;  and,  consequently,  they  may  be  con- 
sidered as  having  succeeded  those  which  have  been 
indicated  above. 

iElian  makes  the  lowest  subdivision  of  the  army 
to  consist  of  a  /lo^oc,  deads,  or  evu/iorla,  which  he 
says  were  then  supposed  to  have  been  respectively 
files  of  16,  12,  or  8  men;  and  he  recommends  the 
latter.  The  numbers  in  the  superior  divisions  pro- 
ceeded in  a  geometrical  progression  by  doubles, 
and  the  principal  bodies  were  formed  and  denomi- 
nated as  follow :  Four  loxot  constituted  a  rerpap- 
\la  (=64  men),  and  two  of  these  a  tol^lc  (=128 
men).  The  latter  doubled,  was  called  a  crvvrayfia 
or  Zevayia  (=256  men),  to  which  division  it  appears 
that  five  supernumeraries  were  attached ;  these 
were  the  crier,  the  ensign,  the  trumpeter,  a  servant, 
and  an  officer,  called  ovpayog,  who  brought  up  the 
rear.  Four  of  the  last-mentioned  divisions  formed 
a  x<^LaPx'ia  (=1024  men),  which,  doubled,  became 
a  relog,  and  quadrupled,  formed  the  body  which 
was  denominated  a  tyuXayl-.  This  corps  would 
therefore  appear  to  have  consisted  of  4096  men; 
but,  in  fact,  divisions  of  very  different  strengths 
were  at  different  times  designated  by  that  name. 
Xenophon,  in  the  Cyropaedia,  applies  the  term  pha- 
langes to  the  three  great  divisions  of  the  army  of 
Croesus,  and  in  the  Anabasis  to  the  bodies  of  Greek 
troops  in  the  battle  of  Cunaxa,  as  well  as  upon 
many  other  occasions.  It  is  evident,  therefore,  that 
before  the  time  of  Philip  of  Macedon,  phalanx 
was  a  general  expression  for  any  large  body  of 
troops  in  the  Grecian  armies.  That  prince,  how- 
ever, united  under  this  name  6000  of  his  most  effi- 
cient heavy-armed  men,  whom  he  called  his  com- 
panions ;  he  subjected  them  to  judicious  regulations, 
and  improved  their  arms  and  discipline ;  and  from 
that  time  the  name  of  his  country  was  constantly 
applied  to  bodies  of  troops  which  were  similarly 
organized. 

The  numerical  strength  of  the  phalanx  was  prob- 
ably the  greatest  in  the  days  of  Philip  and  Alexan- 
der ;  and,  if  the  tactics  of  iElian  may  be  considered 
applicable  to  the  age  of  those  monarchs,  it  would 
appear  that  the  corps,  when  complete,  consisted  of 
about  16,000  heavy-armed  men.  It  was  divided 
into  four  parts,  each  consisting  of  4000  men,  who 
were  drawn  up  in  files  generally  16  men  deep.  The 
whole  front,  properly  speaking,  consisted  of  two 
grand  divisions ;  but  each  of  these  was  divided  into 
two  sections,  and  the  two  middle  sections  of  the 
whole  constituted  the  centre,  or  bfubakog.  The 
others  were  designated  ntpara,  or  wings  ;  and  in 
these  the  best  troops  seem  to  have  been  placed. 
The  evolutions  were  performed  upon  the  enomoty, 
or  single  file,  whether  it  were  required  to  extend  or 
to  deepen  the  line ;  and  there  was  an  interval  be- 
tween every  two  sections  for  the  convenience  of 
manoeuvring.3 

The  smallest  division  of  the  ipiloi,  or  light  troops, 
according  to  the  treatise  of  iElian,  was  the  koxoc, 
which  in  this  class  consisted  of  eight  men  only ; 
and  four  of  these  are  said  to  have  formed  a  cva-a- 
ctq.  The  sections  afterward  increased  by  doubling 
the  numbers  in  the  preceding  divisions  up  to  the 
knirayfia,  which  consisted  of  8192  men  ;   and  this 


1.  (Agesil.,  ii.,  7.)- 
100 


-2.  (Polyb.,  ii.,  ex.  3.1 


was  the  whole  number  of  the  tpikoc  who  were  at- 
tached to  a  phalanx  of  heavy-armed  troops. 

The  Greek  cavalry,  according  to  iElian,  wna 
divided  into  bodies,  of  which  the  smallest  wa* 
called  lln:  it  is  said  to  have  consisted  of  64  men, 
though  the  term  was  used  in  earlier  times  for  a 
party  of  horse  of  any  number.1  A  troop  called 
emXapx'ia  contained  two  Ikcu:  and  a  division  sub- 
sequently called  rapavTLvapxia  (from  Tarenium  in 
Italy)  was  double  the  former.  Each  of  the  suc- 
ceeding divisions  was  double  that  which  preceded 
it ;  and  one,  consisting  of  2048  men,  was  called  re- 
los :  finally,  the  enLrayfia  was  equal  to  two  t£Xt), 
and  contained  4096  men.  The  troops  of  the  division 
or  class,  called  by  iElian  Tarentines,  are  supposed 
to  have  been  similar  to  those  which  also  bore  the 
names  of  difx&xai  and  vitao-marai,  and  which  cor- 
responded to  the  present  dragoons,  since  they  en- 
gaged either  on  horseback  or  on  foot,  being  attended 
by  persons  who  took  care  of  the  horses  when  the 
riders  fought  dismounted.  Their  armour  was  heav- 
ier than  that  of  the  common  horsemen,  but  lighter 
than  that  of  the  bitklrai ;  and  their  first  establish- 
ment is  ascribed  to  Alexander.  It  does  not  appear 
that  war-chariots  were  used  in  Greece  after  the 
heroic  ages ;  indeed,  the  mountainous  nature  of  the 
country  must  have  been  unfavourable  for  their  evo- 
lutions. In  the  East,  however,  the  armies  frequently 
coming  to  action  in  vast  plains,  not  only  did  the 
use  of  chariots  commence  at  a  very  early  epoch, 
but  they  continued  to  be  employed  till  the  conquest 
of  Syria  and  Egypt  by  the  Romans.  Numerous 
chariots  formed  the  front  of  the  Persian  line  when 
Alexander  overthrew  the  empire  of  Darius.  Di- 
visions of  chariots  were  placed  at  intervals  before 
the  army  of  Molon,  when  he  was  defeated  by  An- 
tiochus  the  Great;3  and  Justin  relates3  that  theie 
were  600  in  the  army  which  Mithradates  (Eupator) 
drew  up  against  that  of  Ariarathes.  In  the  engage- 
ments with  Darius  and  Poras,  the  troops  of  Alex- 
ander were  opposed  to  elephants ;  and  subsequently 
to  the  reign  of  that  prince,  those  animals  were 
generally  employed  in  the  Greek  armies  in  Asia. 
They  were  arranged  in  line  in  front  of  the  troops, 
and  carried  on  their  backs  wooden  turrets,  in  which 
were  placed  from  10  to  30  men,  for  the  purpose  oi 
annoying  the  enemy  with  darts  and  arrows.  They 
were  also  trained  to  act  against  each  other :  rushing 
together,  they  intertwined  their  trunks,  and  the 
stronger,  forcing  his  opponent  to  turn  his  flank, 
pierced  him  with  his  tusks ;  the  men,  in  the  mean 
time,  fighting  with  their  spears.*  Thus,  at  the  bat- 
tle of  Raphea,  between  Antiochus  and  Ptolemy, 
one  wing  of  the  Egyptian  army  was  defeated  in 
consequence  of  the  African  elephants  being  inferior 
in  strength  to  those  of  India.  Elephants  were  also 
employed  in  the  wars  of  the  Greeks,  Romans,  and 
Carthaginians  with  each  other. 

The  four  chief  officers  of  a  phalanx  were  dis- 
posed in  the  following  manner:  The  first  with 
respect  to  merit  was  placed  at  the  extremity  of  the 
right  wing ;  the  second,  at  the  extremity  of  the  left ; 
the  third  was  placed  on  the  right  of  the  left  wing ; 
and  the  fourth  on  the  left  of  the  right  wing ;  and  a 
like  order  was  observed  in  placing  the  officers  of 
the  several  subdivisions  of  the  phalanx.  The  reason 
given  by  iElian  for  this  fanciful  arrangement  is, 
that  thus  the  whole  front  of  the  line  will  be  equally 
well  commanded;  since,  as  he  observes,  in  every 
(arithmetical)  progression,  the  sum  of  the  extreme 
terms  is  equal  to  that  of  the  mean  terms :  whatever 
may  be  the  value  of  this  reason,  it  must  have  beer 
a  difficult  task  to  determine  the  relative  merit  of 
the  officers  with  the  precision  necessary  for  assign- 
ing  them  their  proper  places  in  the  series.  Expe- 
rienced soldiers  were  also  placed  in  the  rear  of  th 


1.  (Xen.,  Anab.,  i..,  2,  $  lft  V--2.  (Polyb.,  v..  5.)— 3    (xxtriii 
l.)~4.  (Polyb.  •.,  5.) 


ARMY. 


ARMY. 


phalanx ;  and  Xenophon,  in  the  Cyropaedia,  com- 
pares a  body  of  troops  thus  officered  to  a  house 
having  a  good  foundation  and  roof. 

Each  soldier  in  the  phalanx  was  allowed,  when 
in  open  order,  a  space  equal  to  four  cubits  (5£  or  6 
leet)  each  way ;  when  a  charge  was  to  be  made,  the 
space  was  reduced  to  two  cubits  each  way,  and  this 
order  was  called  ttvkvoglc.  On  some  occasions 
only  one  cubit  was  allowed,  and  then  the  order  was 
allied  cvvaoTVMTfioc,  because  the  bucklers  touched 
each  other. 

In  making  or  receiving  an  attack,  when  each 
man  occupied  about  three  feet  in  depth,  and  the 
Macedonian  spear,  or  crdpioaa,  which  was  18  or  20 
feet  long,  was  held  in  a  horizontal  position,  the 
point  of  that  which  was  in  the  hands  of  a  front- 
rank  man  might  project  about  14  feet  from  the  line; 
the  point  of  that  which  was  in  the  hands  of  a  sec- 
ond-rank man  might  project  about  11  feet,  and  so 
on.  Therefore,  of  the  sixteen  ranks,  which  was 
the  ordinary  depth  of  the  phalanx,  those  in  rear  of 
Lie  fifth  could  not  evidently  contribute  by  their 
pikes  to  the  annoyance  of  the  enemy :  they  conse- 
quently kept  their  pikes  in  an  inclined  position, 
resting  on  the  shoulders  of  the  men  in  their  front ; 
and  thus  they  were  enabled  to  arrest  the  enemy's 
missiles,  which,  after  flying  over  the  front  ranks, 
might  otherwise  fall  on  those  in  the  rear.  The 
ranks  beyond  the  fifth  pressing  with  all  their  force 
against  the  men  who  were  in  their  front,  while  they 
prevented  them  from  foiling  back,  increased  the 
effect  of  the  charge,  or  the  resistance  opposed  to 
that  of  the  enemy  -,1  and  from  a  disposition  similar 
to  that  which  is  here  supposed  in  the  Spartan  troops 
at  the  battle  of  Plataea,  the  Persian  infantry,  ill 
armed,  and  unskilled  in  close  action,  are  said  to 
have  perished  in  vast  numbers  in  the  vain  attempt 
to  penetrate  the  dense  masses  of  the  Greeks. 

In  action,  it  was  one  duty  of  the  officers  to  pre- 
rcnt  the  whole  body  of  the  men  from  inclining  to- 
wards the  right  hand ;  to  this  there  was  always  a 
great  tendency,  because  every  soldier  endeavoured 
to  press  that  way,  in  order  that  he  might  be  covered 
as  much  as  possible  by  the  shield  of  his  companion; 
and  thus  danger  was  incurred  of  having  the  army 
outflanked  towards  its  left  by  that  of  the  enemy. 
A  derangement  of  this  nature  occurred  to  the  army 
of  Agis  at  the  battle  of  Mantinea.2  Previously  to 
an  action,  some  particular  word  or  sentence,  ovvd?]- 
fxa,  was  given  out  by  the  commanders  to  the 
soldiers,  who  were  enabled,  on  demanding  it,  to 
distinguish  each  other  from  the  enemy.8 

The  Greek  tactics  appear  to  have  been  simple, 
and  the  evolutions  of  tne  troops  such  as  could  be 
easily  executed  :  the  general  figure  of  the  phalanx 
was  an  oblong  rectangle,  and  this  could,  when  re- 
quired, be  thrown  into  the  form  of  a  solid  or  hollow 
square,  a  rhombus  or  lozenge,  a  triangle,  or  a  por- 
tion of  a  circle.  On  a  march  it  was  capable  of 
contracting  its  front,  according  to  the  breadth  of  the 
road  or  pass,  along  which  it  was  to  move.  If  the 
phalanx  was  drawn  up  so  that  its  front  exceeded 
its  depth,  it  had  the  name  of  nMvdiov;  on  the 
other  hand,  when  it  advanced  in  column,  or  on  a 
front  narrower  than  its  depth,  it  was  called  Ttvpyog. 
Usually,  the  opposing  armies  were  drawn  up  in  two 
parallel  lines;  but  there  was  also  an  oblique  order 
of  battle,  one  wing  being  advanced  near  the  enemy, 
and  the  other  being  kept  retired;  and  this  dispo- 
sition was  used  when  it  was  desired  to  induce  an 
enemy  to  break  his  line.  It  is  supposed  to  have 
been  frequently  adopted  by  the  Thebans;  and,  at 
the  battle  of  Delium,  the  Boeotians  thus  defeated 
the  Athenians.*  At  the  Granicus,  also,  Alexander, 
following,  it  is  said,5  the  practice  of  Epaminondas, 

I.  (Polyb.,  xvii.,  ex.  3.)— 2.  (Thucyd.,  v.,  71,  72.)— 3.  (Xen., 
Anab.,  i.,  8,  $  16.— Cyrop..  i.,  7,  $  10.)— 4.  (Thucyd.,  iv„  96.)— 
6.  (Arr  an,  Exp.  Al.,  i.,  15.) 


did  not  attack  at  once  the  whole  army  of  the  enemy, 
but  threw  himself  ^ith  condensed  forces  against  the 
centre  only  of  the  Persian  line. 

Occasionally,  the  phalanx  was  formed  in  two 
divisions,  each  facing  outward,  for  the  purpose  of 
engaging  the  enemy  at  once  in  front  and  rear,  or  on 
both  flanks ;  these  orders  were  called  respectively 
aficpiaTOjioQ  and  avrtarofiog.  When  the  phalanx  was 
in  danger  of  being  surrounded,  it  could  be  formed 
in  four  divisions,  which  faced  in  opposite  directions. 
At  the  battle  of  Arbela,  the  two  divisions  of  Alex, 
ander's  army  formed  a  phalanx  with  two  fronts  ; 
and  here  the  attack  was  directed  against  the  right 
wing  only  of  the  Persians. 

The  manoeuvres  necessary  for  changing  the  front 
of  the  phalanx  were  generally  performed  by  counter- 
marching the  files,  because  it  was  of  importance 
that  the  officers  or  file  leaders  should  be  in  the 
front.  When  a  phalanx  was  to  be  formed  in  twe 
parallel  lines,  the  leaders  commonly  placed  them- 
selves on  the  exterior  front  of  each  line,  with  tht 
ovpayoi,  or  rear-rank  men,  who  were  almost  alwayi- 
veteran  soldiers,  in  the  interior ;  the  contrary  dispo- 
sition was,  however,  sometimes  adopted. 

The  phalanx  was  made  to  take  the  form  of  a 
lozenge,  or  wedge,  when  it  was  intended  to  pierce 
the  line  of  an  enemy.  At  the  battle  of  Leuctra, 
the  Lacedaemonians,  attempting  to  extend  their  line 
to  the  right  in  order  to  outflank  the  Thebans, 
Epaminondas,  or,  rather,  Pelopidas,  attacked  them 
while  they  were  disordered  by  that  movement.  On 
this  occasion,  the  Boeotian  troops  were  drawn  up  in 
the  form  of  a  hollow  wedge,  which  was  made  by 
two  divisions  of  a  double  phalanx  being  joined  to- 
gether at  one  end.1 

It  may  be  said  that,  from  the  disposition  of  the 
troops  in  the  Greek  armies,  the  success  of  an  action 
depended  in  general  on  a  single  effort,  since  there 
was  no  second  line  of  troops  to  support  the  first  in 
the  event  of  any  disaster.  The  dense  order  of  the 
phalanx  was  only  proper  for  a  combat  on  a  perfectly 
level  plain ;  and  even  then  the  victory  depended 
rather  on  the  prowess  of  the  soldier  than  on  the 
skill  of  the  commander,  who  was  commonly  dis- 
tinguished from  the  men  only  by  fighting  at'  their 
head.  But,  when  the  field  of  battle  was  commanded 
by  heights,  and  intersected  by  streams  or  defiles, 
the  unwieldy  mass  became  incapable  of  acting, 
while  it  was  overwhelmed  by  the  enemy's  missiles: 
such  was  the  state  of  the  Lacedaemonian  troops 
when  besieged  in  the  island  of  Sphacteria.2  The 
cavalry  attached  to  a  phalanx,  or  line  of  battle, 
was  placed  on  its  wings,  and  the  light  troops  were 
in  the  rear,  or  in  the  intervals  between  the  divisions. 
An-engagement  sometimes  consisted  merely  in  the 
charges  which  the  opposing  cavalry  made  on  each 
other,  as  in  the  battle  between  the  Lacedaemonians 
and  Olynthians.3 

The  simple  battering-ram  for  demolishing  the 
walls  of  fortresses  is  supposed  to  have  been  an  in- 
vention of  the  earliest  times :  we  learn  from  Thucyd- 
ides4  that  it  was  employed  by  the  Peloponnesians 
at  the  siege  of  Plataea;  and,  according  to  Vitruvius,* 
the  ram,  covered  with  a  roof  of  hides  or  wood  for 
the  protection  of  the  men,  was  invented  by  Cetras 
of  Chalcedon,  who  lived  before  the  age  of  Philip 
and  Alexander.  {Vid.  Aries.)  But  we  have  little 
knowledge  of  what  may  be  called  the  field-artillerr 
of  the  Greeks  at  any  period  of  their  history.  Di- 
odorus  Siculus  mentions6  that  the  Karan^rijc,  or 
machine  for  throwing  arrows,  was  invented  or  im- 
proved at  Syracuse  in  the  time  of  Dionysius;  but 
whether  it  was  then  used  in  the  attack  of  towns,  or 
against  troops  in  the  field,  does  not  appear ;  and  it 
is  not  till  about  a  century  after  the  death  of  Alex- 
ander that  we  have  any  distinct  intimation  of  such 

1.  (Xen.,  Hellen.,vii.,  5.)— 2.  (Thucyd-,  iv.,  32.)— 3.  (Xen. 
Hell.,  v.,  2.)-4.  (ii..  76.)— 5.  (x..  19.)— 6    (k:v.,  42.) 

101 


ARMY. 


ARMY. 


machines  being  in  the  train  of  a  Grecian  army. 
According  to  Polybius,1  there  were  with  the  troops 
of  Machanidas  many  carriages  filled  with  catapultae 
and  weapons  ;  those  carriages  appear  to  have  come 
up  in  rear  of  the  Spartan  army  ;  but,  before  the  ac- 
tion commenced,  they  were  disposed  at  intervals 
along  the  front  of  the  line,  in  order,  as  Philopcemen 
is  said  to  have  perceived,  to  put  the  Achaean  pha- 
lanx in  disorder  by  discharges  of  stones  and  darts. 
Against  such  missiles,  as  well  as  those  which  came 
from  the  ordinary  slings  and  bows,  the  troops,  when 
not  actually  making  a  charge,  covered  themselves 
with  their  bucklers  ;  the  men  in  the  first  rank 
placing  theirs  vertically  in  front,  and  those  behind, 
in  stooping  or  kneeling  postures,  holding  them  over 
their  heads  so  as  to  form  what  was  called  a  xeTiovt) 
(tortoise),  inclining  down  towards  the  rear. 

ARMY  (ROMAN).  The  organization  of  the  Ro- 
man army  in  early  times  was  based  upon  the  con- 
stitution of  Servius  Tullius,  which  is  explained 
under  the  article  Comitia  Centuriata  ;  in  which  an 
account  is  given  of  the  Roman  army  in  the  time  of 
the  kings  and  in  the  early  ages  of  the  Republic. 
It  is  only  necessary  to  observe  here,  that  it  appears 
plainly,  from  a  variety  of  circumstances,  that  the 
tactics  of  the  Roman  infantry  in  early  times  were 
not  those  of  the  legion  at  a  later  period,  and  that 
the  phalanx,  which  was  the  battle-array  of  the 
Greeks,  was  also  the  form  in  which  the  Roman 
armies  were  originally  drawn  up.  (Clipeis  antea 
Romani  usi  sunt ;  deinde,  postquam  stipendiarii  facti 
sunt,  scuta  pro  clipeis  fecere  ;  et  quod  antea  phalanges 
similes  Macedonicis,  hoc  postea  manipulatim  structa 
acies  ccepit  esse.*)  In  Livy's  description3  of  the 
battle  which  was  fought  near  Vesuvius,  we  have 
an  account  of  the  constitution  of  the  Roman  army 
in  the  year  B.C.  337  ;  but,  as  this  description  can- 
not be  understood  without  explaining  the  ancient 
formation  of  the  army,  we  shall  proceed  at  once  to 
lescribe  the  constitution  of  the  army  in  later  times. 

in  the  time  of  Polybius,  which  was  that  of  Fabius 
and  Scipio,  every  legion  was  commanded  by  six 
military  tribunes  ;  and,  in  the  event  of  four  new 
legions  being  intended  to  be  raised,  14  of  the  trib- 
unes were  chosen  from  among  those  citizens  who 
had  carried  arms  in  five  campaigns,  and  10  from 
those  who  had  served  twice  as  long.  The  consuls, 
after  they  entered  upon  their  office,  appointed  a  day 
on  which  all  those  who  were  of  the  military  age 
were  required  to  attend.  When  the  day  for  enroll- 
ing the  troops  arrived,  the  people  assembled  at  the 
Capitol  ;*  and  the  consuls,  with  the  assistance  of 
the  military  tribunes,  proceeded  to  hold  the  levy, 
unless  prevented  by  the  tribunes  of  the  plebes.5 
The  military  tribunes,  having  been  divided  into  four 
bodies  (which  division  corresponded  to  the  general 
distribution  of  the  army  into  four  legions),  drew 
out  the  tribes  by  lot,  one  by  one  ;  then,  calling  up 
that  tribe  upon  which  the  lot  first  fell,  they  chose 
(legcrunt,  whence  the  name  legio)  four  young  men 
nearly  equal  in  age  and  stature.  From  these  the 
tribunes  of  the  first  legion  chose  one  ;  those  of  the 
second  chose  a  second,  and  so  on :  after  this  four 
other  men  were  selected,  and  now  the  tribunes  of 
the  second  legion  made  the  first  choice ;  then  those 
of  the  other  legions  in  order,  and,  last  of  all,  the 
tribunes  of  the  first  legion  made  their  choice.  In 
like  manner,  from  the  next  four  men,  the  tribunes, 
beginning  with  those  of  the  third  legion  and  ending 
with  those  of  the  second,  made  their  choice.  Ob- 
serving the  same  method  of  rotation  to  the  end,  it 
followed  that  all  the  legions  were  nearly  alike  with 
respect  to  the  ages  and  stature  of  the  men.     Po- 

I..  (xi.,  ex.  3.) — 2.  (Liv  ,  viiL,  8. — Compare  Niebuhr,  Rom. 

Hist.,  vol.  i.,  p.  4fi8.1— 3.  (viii.,  8.)-4.  (Liv.,   xxvi..   35.)— 5, 
(L'iv.,  iv  ,  1.) 

102 


lybius  observes1  that,  anciently,  the  cavahy  troopa 
were  chosen  after  the  infantry,  and  that  200  horse 
were  allowed  to  e\  ery  4000  foot ;  but  he  adds  that 
it  was  then  the  custom  to  select  the  cavalry  first, 
and  to  assign  300  of  these  to  each  legion.  Every 
citizen  was  obliged  to  serve  in  the  army,  when 
required,  between  the  ages  of  17  and  46  years. 
Each  foot-soldier  was  obliged  to  serve  during 
twenty  campaigns,  and  each  horseman  during  ten. 
And,  except  when  a  legal  cause  of  exemption  (va 
calio)  existed,  the  service  was  compulsory :  persona 
who  refused  to  enlist  could  be  punished  by  fine  oi 
imprisonment,  and  in  some  cases  they  might  be 
sold  as  slaves.2  The  grounds  of  exemption  were 
age,*  infirmity,  and  having  served  the  appointed 
time.  The  magistrates  and  priests  were  also  ex- 
empted, in  general,  from  serving  in  the  wars  ;  and 
the  same  privilege  was  sometimes  granted  by  the 
senate  or  the  people  to  individuals  who  had  render- 
ed services  to  the  state.*  In  sudden  emergencies, 
or  when  any  particular  danger  was  apprehended,  as 
in  the  case  of  a  war  in  Italy  or  against  the  Gauls, 
both  of  which  were  called  tumultus,5  no  exemption 
could  be  pleaded,  but  all  were  obliged  to  be  enrolled. 
(Senatus  decrevit,  ut  delectus  haberelur,  vacationes  nc 
valerent.6)  Persons  who  were  rated  by  the  censors 
below  the  value  of  400  drachmae,  according  to 
Polybius,  were  allowed  to  serve  only  in  the  navy  ; 
and  these  men  formed  what  was  called  the  legio 
classica. 

In  the  first  ages  of  the  Republic,  each  consul  had 
usually  the  command  of  two  Roman  legions  and 
two  legions  of  allies  ;  and  the  latter  were  raised  in 
the  states  of  Italy  nearly  in  the  same  manner  as 
the  others  were  raised  in  Rome.  The  infantry  of 
an  allied  legion  was  usually  equal  in  number  to  that 
of  a  Roman  legion,  but  the  cavalry  attached  to  the 
former  was  twice  as  numerous  as  that  which  be- 
longed to  the  latter.7  The  regulation  of  the  twe 
allied  legions  was  superintended  by  twelve  officen. 
called  prefects  (prefecti),  who  were  selected  fey 
this  purpose  by  the  consuls.8  In  the  line  of  battle 
the  two  Roman  legions  formed  the  centre,  an/ 
those  of  the  allies  were  placed,  one  on  the  right,  axi* 
the  other  on  the  left  flank  ;  the  cavalry  was  post^> 
at  the  two  extremities  of  the  line ;  that  of  '*no  al- 
lies in  each  wing,  being  on  the  outward  flank  of  the: 
legionary  horsemen,  on  which  account  they  had  the 
name  of  Alarii.  ( Vid.  Alarii.)  A  body  of  the  best 
soldiers,  both  infantry  and  cavalry,  consisting  either 
of  volunteers  or  of  veterans  selected  from  the  al- 
lies, guarded  the  consul  in  the  camp,  or  served 
about  his  person  in  the  field  :  and  these  were  called 
extraordinarii.     (Vid.  Exirao.keinarii.) 

The  number  of  men  in  a  Roman  legion  varied 
much  at  different  times.  When  Camillus  raised 
ten  legions  for  the  war  against  the  Gauls,  each  con- 
sisted of  4200  foot-soidiers  and  300  horse-soldiers;' 
but,  previously  to  lie  battle  of  Cannae,  the  senate 
decreed  that  th<c;  army  should  consist  of  eight 
legions,  and  that  the  strength  of  each  should  be 
5000  foot-soldic-rs.10  According  to  Livy,11  the  le- 
gions, which  went  to  Africa  with  Scipio  consisted 
each  of  G200  foot-soldiers  and  300  horse  (though 
the  best  commentators  suppose  that  5200  foot  sol- 
diers are  meant) ;  and  during  the  second  war  in 
Macedonia,  the  consul  .-Emilius  Paulus  had  two 
legions  of  6000  foot  each,  besides  the  auxiliaries, 
for  service  in  that  country.12    The  strength  of  the 


1.  (vi., ex.2.) — 2.  (Liv., iv., 53  ;  vii.,4. — Cic, pro Caecin..  34.) — 
3.  (Liv.,xlii.,33.)— 4.  (Liv.,  xxxix.,  19.— Cic,  Phil.,  v.,  lL— De 
Nat.  Deor.,  ii.,  2.)— 5.  (Cic,  Phil.,  viii.,  1.)— 6.  (Cic,  ad  Att., 
i.,  19. — Phil.,  viii.,  1. — Liv.,  vii.,  11;  viii.,  20.) — 7.  (Liv.,  viii., 
8  ;  xxii..  36.)— 8.  (Polyb.,  vi.,  ex.  2.— Ctcs.,  Bell  Gall.,  i.,  39  ; 
iii.,  7.)— 9.  (Liv.,  vii.,  25.)— 10.  (Polvb.,  iii.,  12.)— 11.  (xxix, 
24.)— 12.  (Liv.,  xliv.,21.) 


ARMY 


ARMY. 


legionary  cavalry  seems  to  have  been  always  nearly 
the  same. 

The  number  of  legions  in  the  service  of  Rome 
went  on  increasing  with  the  extent  of  its  territory ; 
and,  after  the  Punic  wars,  when  the  state  had  ac- 
quired wealth  by  iia  conquests  in  the  East,  the 
military  force  became  very  considerable.  Notwith- 
standing the  lost  ps  sustained  at  the  battle  of  Can- 
nae, we  find  that,  immediately  afterward,  the  Romans 
raised  in  the  city  four  legions  of  infantry,  with  1000 
horsemen,  besides  arming  8000  slaves  ;  the  cities 
of  Latium  sent  an  equal  force  ;  and,  supposing 
10,000  men  to  have  escaped  from  Cannae,  the  whole- 
would  amount  to  above  50,000  men.  In  the  second 
year  after  the  battle,  the  Republic  had  on  foot  18 
legions  ;l  and  in  the  fourth  year,  23  legions.2  In 
the  interview  of  Octavius  with  Antony  and  Lepi- 
dus,  it  was  agreed  that  the  two  former  should  pros- 
ecute the  war  against  Brutus  and  Cassius,  each  at 
the  head  of  20  legions,  and  that  the  other  should 
be  left  with  three  legions  to  guard  the  city.  At 
Philippi,  Antony  and  Octavius  had,  in  all,  19  legions, 
which  are  said  to  have  been  complete  in  number, 
and  increased  by  supernumerary  troops  ;  and,  there- 
fore, their  force  must  have  amounted  to  at  least 
100,000  infantry.  On  the  other  hand,  Brutus  and 
Cassius  had  also  an  army  of  19  legions  to  oppose 
them,  with  20,000  cavalry  from  the  eastern  prov- 
inces According  to  Appian,  Octavius,  after  the 
death  of  Lepidus,  found  himself  master  of  all  the 
western  provinces,  and  at  the  head  of  45  legions, 
together  with  25,000  horse  and  37,000  light-armed 
troops ;  and  there  were,  moreover,  the  legions  serv- 
ing under  Antony.  Under  Tiberius  there  were  25 
legions  even  in  time  of  peace,  besides  the  troops  in 
Italy  and  the  forces  of  the  allies.3 

Besides  being  designated  by  numbers,  the  legions 
bore  particular  names.  In  a  letter  from  Galba  to 
Cicero,*  mention  is  made  of  the  Martia  legio  as 
being  one  of  the  veteran  bodies  engaged  in  an 
action  between  Antony  and  Pansa  in  the  north  of 
Italy.6  And  while  Caesar  was  carrying  on  the  war 
in  Gaul,  he  gave  the  freedom  of  the  city  to  a  num- 
ber of  the  natives  of  that  country,  whom  he  disci- 
plined in  the  Roman  manner,  and  imbodied  in  a 
legion  which  he  designated  alauda  ;  because  the 
men  wore  on  their  helmets  a  crest  of  feathers,  like 
those  on  the  heads  of  certain  birds.6  The  legions 
were  also  distinguished  by  the  name  of  the  place 
where  they  were  raised  or  -where  they  had  served, 
as  Italica,  Britannica,  Parthica,  or  by  that  of  the 
emperor  who  raised  them. 

Tacitus,  in  the  Annals  and  elsewhere,  makes 
mention  of  bodies  of  troops  called  vexillarii;  and, 
as  no  precise  account  is  given  of  them,  the  place 
which  they  held  in  the  Roman  armies  can  only  be 
known  by  conjecture.  It  appears,  however,  most 
probable,  asWalch  has  observed  in  a  note  upon  the 
Agricola  of  Tacitus,7  that  the  vexillarii  were  those 
veterans  who,  after  the  time  of  Augustus,  were  re- 
leased from  their  military  oath,  but  were  retained, 
till  their  complete  discharge,  under  a  flag  (vexillum) 
by  themselves,  free  from  all  military  duties,  to  ren- 
der their  assistance  in  the  more  severe  battles, 
guard  the  frontiers  of  the  empire,  and  keep  in  sub- 
jection provinces  that  had  been  recently  conquered. 
{Exauctorari,  qui  scn.ad.tna  fecisscnt,  ac  relineri  sub 
texillo,  cetcrorum  immunes,  nisi  propulsandi  hoslis.6) 
There  were  a  certain  number  of  vexillarii  attached 
to  each  legion  ;  and,  from  a  passage  in  Tacitus,9  it 
would  appear  that  they  amounted  to  500.  They 
were  sometimes  detached  from  the  legion,   and 


Kiuiu  appear   mat  uioy  amouniea  to  ouu.      iney 
irere  sometimes  detached  from  the   legion,   and 

1.  (Liv.,  xxiv.,  11.)— 2.  (Liv.,  xxv.,  3.)— 3.  (Tac,  Ann.,  iv., 
.)— 4.  (ad  Div.,  x.,  30.)— 5.  (Vid.  Cic,  Phil.,  iii.,  3.)— 6. 
Plin.,  II  N.,  xi.,  44.)— 7.  (c  18.)— 8.  (Tac,  Ann.,  i.,  36.— Corn- 
are  i  .  17,  26,  38.  39.)— 9.  (Ann  ,  iii.,  21.) 


sometimes  those  belonging  to  several  legions  seem 
to  have  been  united  in  one  body  {trcdecim  vexillari- 
orum  milia1).  (The  subsignani  milites  in  Tacitus 
may  be  looked  upon  as  the  same  with  the  vexillarii.1 
In  Livy  the  triarii  are  said  to  be  sub  signis,*  where 
we  perceive  a  close  analogy  between  the  old  iriarix 
and  the  vexillarii  or  subsignani  of  the  age  of  Taci- 
tus, although  we  must  not  suppose  that  the  vexil- 
larii were  the  same  as  the  triarii.) 

After  the  selection  of  the  men  .who  were  to  com- 
pose the  legion,  the  military  oath  was  administered: 
on  this  occasion,  one  person  was  appointed  to  pro- 
nounce the  words  of  the  oath,  and  the  rest  of  the 
legionaries,  advancing  one  by  one,  swore  to  per- 
form what  the  first  had  pronounced.  The  form  of 
the  oath  differed  at  different  times  :  during  the  Re- 
public, it  contained  an  engagement  to  be  faithful  to 
the  Roman  senate  and  people,  and  to  execute  all 
the  orders  that  should  be  given  by  the  commanders.4 
Under  the  emperors,  fidelity  to  the  sovereign  was 
introduced  into  the  oath  ;5  and,  after  the  establish- 
ment of  Christianity,  the  engagement  was  made  in 
the  name  of  the  Trinity  and  the  majesty  of  the 
emperor.6  Livy  says7  that  this  military  oath  was 
first  legally  exacted  in  the  time  of  the  second  Punic 
war,  B.C.  216,  and  that,  previously  to  that  time,  each 
decuria  of  cavalry  and  centuria  of  foot  had  only 
been  accustomed  to  swear,  voluntarily  among  them- 
selves, that  they  would  act  like  good  soldiers. 

The  whole  infantry  of  the  legion  was  drawn  up 
in  three  lines,  each  consisting  of  a  separate  class  ol 
troops.  In  the  first  were  the  hastati,  so  called  from 
the  hasta,  or  long  spear  which  each  man  espied, 
but  which  was  afterward  disused  :8  these  weie  the 
youngest  of  the  soldiers.  The  second  line  was 
formed  of  the  troops  called  principes ;  these  were 
men  of  mature  age,  and  from  their  name  it  would 
appear  that  anciently  they  were  placed  in  the  front 
line.9  In  the  third  line  wTere  the  triarii,  so  called 
from  their  position  ;  and  these  were  veteran  sol- 
diers, each  of  whom  carried  two  pdae,  or  strong 
javelins,  whence  they  were  sometimes  called  piia- 
ni,  and  the  hastati  and  principes,  who  stood  before 
them,  antepilani. 

When  vacancies  occurred  on  service,  the  men 
who  had  long  been  in  the  ranks  of  the  first,  or  infe- 
rior of  these  three  classes,  were  advanced  to  those 
of  the  second ;  whence  again,  after  a  time,  they 
were  received  among  the  triarii,  or  veteran  troops. 
In  a  legion  consisting  of  4000  men,  the  number  of 
the  hastati  was  1200  ;  that  of  the  principes  was  the 
same  ;  but  the  triarii  amounted  to  600  only  :  if  the 
strength  of  the  legion  exceeded  4000  men,  that  of 
the  several  bodies  was  increased  proportionally,  the 
number  of  the  last  class  alone  remaining  the  same. 

The  usual  depth  of  each  of  the  three  bodies,  or 
lines  of  troops  in  a  legion,  was  ten  men  ;  an  inter- 
val, equal  to  the  extent  of  the  manipulus,  was  left 
between  every  two  of  these  divisions  in  the  first 
and  second  lines,  and  rather  greater  intervals  be- 
tween those  in  the  third  line.  Every  infantry  sol- 
dier of  the  legion  was  allowed,  besides  the  ground 
on  which  he  stood,  a  space  equal  to  three  feet,  both 
in  length  of  front  and  in  the  depth  of  the  files,  be- 
tween himself  and  the  next  man,  in  order  that  he 
might  have  room  for  shifting  the  position  of  his 
buckler  according  to  the  action  of  his  opponent,  foi 
throwing  his  javelin,  or  for  using  his  sword  with 
advantage.10  The  divisions  of  the  second  line  were 
in  general  placed  opposite  the  intervals  of  the  first, 
and,  in  like  manner,  the  divisions  of  the  third  were 
opposite  the  intervals  in  the  second.     At  the  battle 

1.  (Tac,  Hist.,  ii.,  83.)— 2.  (Hist.,  i.,  70  ;  iv.,  33.)— 3.  (Liv., 
viii.,  8.) — 4.  (Polvb.,  vi.,  ex.  2.)— 5.  (Tac,  Hist.,  iv.,  31.)— 6. 
(Ve~et.,  De  Re  Milit.,  ii.,  5.)— 7.  (xxii.,  38.)— 8.  (Varro,  De 
L:nrr.  Lat.,  iv.,  16  )— 9.  (Liv.,  viii.,  S  ;— 10.  (Polyb., xrii.,  ex  3.J 

103 


ARMY 


ARMY. 


)i  Zaraa,  however,  the  divisions  oi  troops  in  the 
several  lines  were  exactly  opposite  each  other  ;  but 
.his  was  a  deviation  from  the  usual  disposition,  in 
order  that  the  elephants  of  the  Carthaginians  might 
pass  quite  through  to  the  rear.  In  an  action,  if  the 
hastati  were  overpowered,  they  retired  slowly  to- 
wards the  principes ;  and,  falling  into  the  intervals 
before  mentioned,  the  two  classes  in  conjunction 
continued  the  combat.  In  the  mean  time,  the  tria- 
rii, keeping  one  knee  on  the  ground,  covered  them- 
selves with  their  bucklers  from  the  darts  of  the  en- 
emy ;  and,  in  the  event  of  the  first  and  second  lines 
falling  back,  they  united  with  them  in  making  a 
powerful  effort  to  obtain  the  victory. 

The  light-armed  troops,  bearing  the  name  of  ve- 
lites  and  fercntarii  or  rorarii,  did  not  form  a  part 
of  the  legion,  but  fought  in  scattered  parties,  wher- 
ever they  were  required.  They  carried  a  strong 
circular  buckler  three  feet  in  diameter;  the  staff  of 
iheir  javelin  was  two  cubits  long,  and  about  the 
thickness  of  a  finger ;  and  the  iron  was  formed  with 
a  fine  point,  in  order  that  it  might  be  bent  on  the 
fi.it  discharge,  and,  consequently,  rendered  useless 
to  the  enemy. 

The  cavalry  of  the  legion  was  divided  into  ten 
turma,  each  containing  30  men,  and  each  turrna  into 
three  decuria,  or  bodies  of  10  men.  Each  horse- 
man was  allowed  a  space  equal  to  five  feet  in  length 
in  the  direction  of  the  line.  Each  turma  had  three 
decuriones,  or  commanders  of  ten  ;  but  he  who  was 
first  elected  commanded  the  turma,  and  was  prob- 
ably called  dux  turma.1 

In  the  time  of  the  Republic,  the  six  tribunes  who 
were  placed  over  a  legion  commanded  by  turns. 
tVid.  Tribuni  Militum.)  To  every  100  men  were 
appointed  two  centurions,  the  first  of  whom  was 
properly  so  called ;  and  the  other,  called  optio,  ura- 
gus,  or  subcenturio,  acted  as  a  lieutenant,  being  cho- 
sen for  the  purpose  of  doing  the  duty  in  the  event 
of  the  sickness  or  absence  of  the  former.*  The 
optio  appears  to  have  been  originally  chosen  by  the 
tribune,  but  afterward  by  the  centurion.  (Vid. 
Centurio.)  The  centurio  also  chose  the  standard- 
bearer,  or  ensign  of  his  century  (signifcr  or  vcxilla- 
rius3).  Each  century  was  also  divided  into  bodies 
often,  each  of  which  was  commanded  by  a  decurio 
or  decanus.  The  first  centurion  of  the  triarii  was 
called  primipilus ;  he  had  charge  of  the  eagle,  and 
he  commanded  the  whole  legion  under  the  tribunes.* 
The  light-armed  troops  were  also  formed  into  bands 
or  centuries,  each  of  which  was  commanded  by  a 
crrturion. 

To  Marius  or  Caesar  is  ascribed  the  practice  of 
drawing  up  the  Roman  army  in  lines  by  cohorts, 
which  gradually  led  to  the  abandonment  of  the  an- 
cient division  of  the  legion  into  manipuli  (  Vid.  Ma- 
nipuli),  and  of  the  distinctions  of  hastati,  principes, 
and  triarii.  Each  legion  was  then  divided  into  ten 
cohorts,  each  cohort  into  three  maniples,  and  each 
maniple  into  two  centuries,  so  that  there  were  thir- 
ty maniples  and  sixty  centuries  in  a  legion.5  (Co- 
hors  or  chars,  the  Greek  x(>PT0Ci  originally  signified 
an  enclosure  16  sheep  or  poultry,  and  was  after- 
ward used  to  d«  Agnate  the  number  of  men  which 
could  stand  wit'  jn  such  an  enclosure.)  From  a 
passage  in  Livy,  A  appears  that  very  anciently  the 
allies  or  auxiliaries  of  Rome  were  arranged  by  co- 
horts :  a  disposition  which  is  again  referred  to  in 
the  23d  and  28th  books  of  his  history,7  and  in  other 
places,  whence  it  may  be  concluded  that  among 


1.  (Sail.,  Jug.,  38.)— 2.  (Festus,  s.  v.—Veget.,  De  Re  Milit., 
ri.,  7.)— 3.  (Liv.,  viii.,  8;  xxxv.,  5.— Tacit.,  Ann.,  ii.,  81.)— 4. 
fLiv.,  xxv.,  19.—  Veg\,  ii.,8.— Cu;s.,  Hell.  Gall.,  ii.,  25.)— 5.  ("  In 
iegione  sunt  centuriae  sexaginta.  manipuli  trigiiita,  cohortes  de- 
cern:" Cincius,  ap.  Aul.  Geil..  xv.  4.) — 6.  (h.,  64). — 7.  (xxiii  , 
14  ;  xx viii.,  45.) 
104 


those  troops  it  was  ordinarily  adopted.  But,  in  the 
Commentaries  of  Caesar,  the  divisions  of  all  the  le- 
gions, whether  Roman  or  allied,  are  alike  designa 
ted  cohorts,  and  the  term  is  also  applied  to  the  body 
of  men  (pratoria  cohors)  which  was  particularly  ap- 
pointed to  attend  on  the  consul  or  commander ;  for 
Caesar1  tells  his  army,  which  had  objected  to  march 
against  Ariovistus,  that  if  the  other  troops  should 
refuse  to  follow  him,  he  would  advance  with  the 
tenth  legion  alone,  and  would  make  that  legion  his 
praetorian  cohort. 

It  has  been  supposed  that  Marius,  who,  in  order 
to  recruit  the  forces  of  the  Republic,  was  compelled 
to  admit  men  of  all  classes  indiscriminately  into  the 
ranks  of  the  legions,  diminished  to  two  the  three 
lines  of  troops  in  which  the  Roman  armies  had  been 
previously  drawn  up  for  action ;  but,  if  such  were 
the  fact,  the  regulation  could  not  have  long  remain- 
ed in  force,  since  Caesar  usually,  as  in  the  battle 
with  the  Helvetians,2  formed  his  army  in  three  lines ; 
and  at  Pharsalia  he  appears  to  have  had  a  reserve, 
which  constituted  a  fourth,  or  additional  line.  It 
may  be  added,  that  the  name  of  one,  at  least,  of  the 
three  classes  of  legionary  troops  continued  to  be 
applied  till  near  the  end  of  the  Republic ;  for,  in  the 
first  book  of  the  Civil  War,3  Caesar,  mentioning  the 
loss  of  Q.  Fulginus  in  an  action  against  Afranius, 
designates  him  the  first  centurion  of  the  hastati  in 
the  14th  legion. 

The  allied  troops  were  raised  and  officered  nearly 
in  the  same  manner  as  those  of  the  Roman  legions, 
but  probably  there  was  not  among  them  a  division 
of  the  heavy-armed  infantry  into  three  classes. 
They  were  commanded  by  prefects  (see  page  102), 
who  received  their  orders  from  the  Roman  consuls 
or  tribunes.  The  troops  sent  by  foreign  states  £01 
the  service  of  Rome  were  designated  auxiliaries ; 
and  they  usually,  but  not  invariably,  received  their 
pay  and  clothing  from  the  Republic. 

According  to  Livy,  the  Roman  soldiers  at  first 
received  no  pay  (stipendium)  from  the  state.  It  was 
first  granted  to  the  foot  A.U.C.  347,  in  the  war  with 
the  Volsci,*  and,  three  years  afterward,  to  the 
horse,  during  the  siege  of  Veii.  Niebuhr,  however, 
brings  forward  sufficient  reasons  for  believing  that 
the  troops  received  pay  at  a  much  earlier  period, 
and  that  the  aerarians  (vid.  ^Erarii)  had  always 
been  obliged  to  give  pensions  to  the  infantry,  as 
single  women  and  minors  did  to  the  knights  ;  and 
he  supposes  that  the  change  alluded  to  by  Livy  con 
sisted  in  this,  that  every  soldier  now  became  enti- 
tled to  pay,  whereas  previously  the  number  of  pen- 
sions had  been  limited  by  that  of  the  persons  liable 
to  be  charged  writh  them.5  Polybius6  states  the 
daily  pay  of  a  legionary  soldier  to  have  been  two 
oboli,  which  were  equal  to  3^  ases,  and  in  thir- 
ty days  would  amount  to  100  ases.  A  knight's 
yearly  pay  amounted  to  2000  ases ;  and,  since  the 
Roman  year  originally  consisted  of  only  ten  months, 
his  monthly  pay  amounted  to  200  ases,  which  was 
double  the  pay  of  a  foot-soldier.  Polybius7  informs 
us  that  a  knight's  pay  was  three  times  as  much  as 
that  of  a  foot-soldier ;  but  this  was  not  introduced 
till  A.U.C.  354,  and  was  designed,  as  Niebuhr  has 
remarked,  as  a  compensation  for  those  who  served 
with  their  own  horses,  which  were  originally  sup- 
plied by  the  state.8  (Compare  Ms  Hordearicjm.; 
A  centurion  received  double  the  pay  of  a  legionary 

The  pay  of  the  soldiers  was  doubled  by  Julius 
Caesar.9  In  the  time  of  Augustus,  the  pay  of  a  le- 
gionary was  10  ases  a  day,10  which  was  increased 
still  more  by  Domitian  (addidit  quartum  stipendium 

1.  (Bell.  Gall.,  i.,  40.)— 2.  (Ibid.,  i.,  24.)— 3.  (c.46.)— 4.  .Liv., 
iv.,  59. — 5.  (Rom.  Hist.,  vol.  ii.,  p.  438,  transl  ) — 6.  (vi.,  ex.  2 
s.  3.)— 7.  (vi.,ex.  2.)— 8  (Liv  v..  12.)— 9.  (Suet.,  Jul.,  26.)— 10 
(Tac,  Ann.,  i.,  17.) 


ARMY 


ARMY 


militi1).  Besides  pay,  the  soldiers  received  a  month- 
ly allowance  of  corn,  and  the  centurions  double,  and 
the  horse  triple,  that  of  a  legionary.3 

The  infantry  of  the  allies  was  supplied  with  corn 
equal  in  quantity  to  that  of  the  Roman  legionaries, 
but  their  cavalry  had  less  than  was  distributed  to 
the  Roman  cavalry.  These  regulations  subsisted 
only  during  the  time  of  the  Republic,  or  before  the 
trcops  of  the  Italian  cities  were  incorporated  with 
those  of  Rome  ;  and  to  the  same  age  must  be  re- 
ferred the  orders  of  march  and  encampment  de- 
scribed by  Polybius.  An  account  of  the  marching 
order  of  a  Roman  army  is  given  under  the  article 
Agmen. 

No  one  order  of  battle  appears  to  have  been  ex- 
clusively adhered  to  by  the  Romans  during  the  time 
of  the  Republic,  though,  in  general,  their  armies 
were  drawn  up  in  three  extended  lines  of  heavy- 
armed  troops  (triplex  acies);  the  cavalry  being  on 
the  wings,  and  the  light  troops  either  in  front  or 
rear,  according  to  circumstances.  At  the  battle  of 
Cannae,  however,  the  infantry  is  said  to  have  been 
drawn  up  in  one  line,  and  in  close  order.  On  this 
occasion,  the  Gauls  and  Spaniards,  who  were  in 
the  centre  of  the  Carthaginian  army,  at  first  drove 
back  the  Romans ;  and  the  latter,  drawing  troops 
from  their  wings  to  strengthen  their  centre,  formed 
there  a  sort  of  phalanx,  whose  charge  succeeded  so 
well  that  the  enemy's  line  was  broken  ;  but,  press- 
ing forward  too  far,  the  wings  of  the  latter  closed 
upon  the  disordered  troops,  and  nearly  surrounded 
them.  In  the  engagement  with  Labienus,  the  army 
of  Caesar,  being  attacked  both  in  front  and  rear, 
was  formed  into  two  lines,  which  were  faced  in  op- 
posite directions ;  and,  in  the  action  with  the  Par- 
thians,  Crassus  drew  up  the  Roman  army  in  one 
square  body,  having  twelve  cohorts  on  each  of  the 
four  sides,  with  a  division  of  cavalry  between  every 
two  cohorts  in  each  face. 

The  word  of  command  was  at  first  given  aloud 
at  the  head  of  the  army ;  but  ^milius  Paulus 
changed  this  custom,  and  caused  the  tribune  of  the 
nearest  legion  to  give  it  in  a  low  voice  to  his  primi- 
pilus,  who  transmitted  it  to  the  next  centurion,  and 
so  on.  It  appears  also  that,  anciently,  the  men  on 
guard  were  at  their  posts  during  the  whole  day, 
and  that,  in  consequence,  they  sometimes  fell  asleep 
leaning  on  their  shields.  iEmilius  Paulus,  in  order 
to  diminish  the  fatigue  of  the  men  and  the  chance 
of  their  sleeping,  appointed  that  they  should  be  re- 
lieved every  six  hours,  and  that  they  should  go  on 
guard  without  their  shields.     {Vid.  Castra.) 

The  legion,  during  the  continuance  of  the  ancient 
discipline,  was  found  to  be  more  than  equal  to  the 
phalanx  of  the  Greeks  for  general  service,  and  Po- 
lybius3 has  sufficiently  accounted  for  the  fact.  This 
writer  observes  that,  while  the  phalanx  retained  its 
form  and  power  of  action,  no  force  was  able  to 
make  any  impression  upon  it,  or  support  the  violence 
of  its  attack  ;  but  he  adds  that  the  phalanx  required 
that  the  field  of  battle  should  be  a  nearly  level  plain ; 
even  then  the  enemy  might  avoid  it ;  and,  by  ma- 
noeuvring on  its  flanks  and  rear,  might  cut  off"  its 
supplies.  On  an  action  taking  place,  the  command- 
er of  an  army  similar  to  that  of  the  Romans  had  it 
in  hi3  power  to  lead  on  to  the  attack  a  portion  only 
of  its  line,  keeping  the  rest  in  reserve  ;  in  this  case, 
whether  the  phalanx  was  broken  by  the  legion,  or 
the  former  broke  through  any  part  of  the  enemy's 
divisions,  its  peculiar  advantages  were  lost ;  for 
there  would  always  be  left  spaces  into  which  the 
enemy  might  penetrate  and  disperse  the  troops, 
whose  long  spears  were  of  no  avail  against  men 
armed  with  javelins  and  strong  swords.     In  this 


»    (Suet.,  Dom.,  7.)  -2.  (Tolyb.,  vi„  ex.  2.)— 3.  (xvii.,  ex.  3.) 


mannar,  yEmilius  obtained  a  yictory  over  Perseus 
at  Pydna,1  and  Philip  was  defeated  by  Flaminius  at 
the  battle  of  Cynocephalae.2 

The  severity  of  the  Roman  discipline  may  be 
said  to  have  been  occasionally  relaxed,  at  least  in 
the  provinces,  even  during  the  Republic  ;  for  Scipio 
iEmilianus,  when  he  went  to  command  the  army  in 
Spain,  found  that  the  legionary  soldiers  used  carts 
to  cany  a  portion  of  the  burdens  which  formerly 
they  had  borne  on  their  own  shoulders.3  But, 
among  the  disorders  which  prevailed  during  tht 
reigns  of  the  successors  of  the  Antonines,  one  of 
the  greatest  evils  was  the  almost  total  neglect  of 
warlike  exercises  arr.cMg  the  troops  which  guarded 
the  city  of  Rome,  -lie  legions  on  the  frontiers 
alone,  in  those  times,  sustained  their  ancient  repu- 
tation, and  Severus,  by  their  aid,  ascended  without 
difficulty  the  throne  then  occupied  by  the  unworthy 
Julianus.  The  almost  total  abandonment  of  the  an- 
cient military  institutions  may  be  said  to  have  taken 
place  soon  after  the  time  of  Constantine ;  for,  ac- 
cording to  Vegetius,*  who  lived  in  the  reign  of  Val- 
entinian  II.,  the  soldiers  of  that  age  were  allowed 
to  dispense  with  the  helmet  and  cuirass,  as  being 
too  heavy  to  be  worn ;  and  he  ascribes  their  fre- 
quent defeats  by  the  Goths  to  the  want  of  the  an- 
cient detensive  armour. 

Vegetius  has  given  a  description  of  the  legion, 
which,  though  said  to  accord  with  that  of  the  an- 
cients, differs  entirely  from  the  legions  of  Livy  and 
Polybius.  He  considers  it  as  consisting  of  ten  co- 
horts, and  states  that  it  was  drawn  up  in  three  lines, 
of  which  the  first  contained  five  cohorts  ;  the  troops 
of  this  line  were  called  principes,  and  were  heavy- 
armed  men,  each  carrying  five  arrows,  loaded  at 
one  end  with  lead,  in  the  hollow  of  the  shield,  be- 
sides a  large  and  small  javelin.  The  second  line, 
consisting  of  the  troops  called  hastati,  is  said  to 
have  been  formed  by  the  remaining  five  cohorts. 
Behind  these  were  placed  the  ferentarii  (a  sort  of 
light-armed  troops,  who  performed  the  duty  of  a  for- 
lorn-hope) ;  the  target-men,  who  were  armed  with 
darts,  arrows,  and  swords  ;  and  besides  these  there 
were  slingers,  archers,  and  crossbow-men.  In  rear 
of  all  came  the  triarii,  who  were  armed  like  the 
principes  and  hastati.*  Now  it  was  the  genera] 
practice,  during  the  Republic,  to  place  the  principes 
in  the  second  line,  in  rear  of  the  hastati ;  therefore, 
if  the  disposition  given  by  Vegetius  ever  had  a  real 
existence,  it  can  only  be  supposed  to  have  been  in 
an  age  preceding  that  to  which  the  description  given 
by  Livy6  refers,  or  it  was  an  arrangement  adopted 
on  the  occasion  of  some  temporary  reform  which 
may  have  taken  place  under  the  emperors.  What 
follows  may,  perhaps,  be  readily  admitted  to  apper- 
tain to  the  Empire  under  the  greatest  of  its  princes. 
The  first  of  the  cohorts,  which  bore  the  name  of 
cohors  milliaria,  was  superior  to  the  others,  both 
with  respect  to  the  number  and  quality  of  the  sol- 
diers ;  it  had,  also,  the  charge  of  the  eagle  and  the 
standard  of  the  emperor.  Its  strength  was  1105 
foot-soldiers,  and  132  cuirassiers  on  horseback,  and 
its  post  was  on  the  right  of  the  first  line.  The  re- 
maining four  cohorts  of  the  first  line  contained  each 
555  infantry  and  66  cavalry,  and  the  five  cohorts 
of  the  second  line  contained  each  the  same  number 
of  infantry  and  cavalry.  Thus  the  wiiole  legion 
was  composed  of  6100  foot-soldiers  and  726  horse- 
men, not  including  either  the  triarii  or  the  light 
troops. 

After  the  establishment  of  the  imperial  authority , 
the  sovereign  appointed  some  person  of  consular 
dignity  to  command  each  legion  in  the  provinces  ; 
and  this  officer,  as  the  emperor's  lieutenant,  had 


1.  (Liv.,  xliv.,  41.)— 2.  (Polyb.,  xvii.,  ex  3)— 3.  (Li?.,  EpiV. 
57.)-- 4.  (i.,  10.)—  5.  (Vcget.,  ii.,  6,  15.)  -C.  (viii.,  8.) 


ARM1 . 


ARMY. 


the  title  of  prof  tctus,  or  legatus  legionis.1  The  first 
appointment  of  this  kind  appears  to  have  taken 
place  in  the  reign  of  Augustus,  and  Tacitus  men- 
tions the  existence  of  the  office  in  the  reign  of  Ti- 
berius. The  authority  of  the  legatus  was  superior 
to  that  of  the  tribunes,  who  before  were  responsible 
only  to  the  consul.  In  speaking  of  the  officers  of  a 
legion,  Vegetius2  mentions  two  tribunes  (probably 
meaning  two  classes  of  tribunes),  of  which  the  first, 
called  tribunus  major,  received  his  commission  from 
the  emperor ;  the  other,  called  tribunus  minor,  rose 
to  that  rank  by  merit  or  length  of  service.  Subor- 
(Hnate  to  the  tribunes  were,  in  each  cohort,  the  sev- 
eral centurions,  who  bore  the  general  name  of  or- 
dinarii.3  To  every  hundred  men  there  were  prob- 
ably, at  one  time,  only  the  centurio,  whose  post  was 
in  front  of  the  division,  and  the  optio,  who  remained 
in  the  rear ;  but  it  appears  that  Augustus  and  Ves- 
pasian increased  the  number  of  officers  of  this  class ; 
for  Vegetius  observes  that  those  whom  these  two 
emperors  added  to  the  ordinarii  were  called  Augus- 
tales  and  Flaviales.4  The  decurions  or  decani  were, 
as  formerly,  the  leaders  of  files.  According  to  Dion 
Cassius,  seven  cohorts  of  troops  were  instituted  by 
Augustus  for  the  defence  of  the  city,  and  these 
bore  the  name  ofvigiles.  It  appears,  however,  that 
in  the  time  of  Tacitus  they  ceased  to  be  considered 
as  soldiers  ;  for  that  writer  takes  no  notice  of  them 
when,  in  enumerating  the  guards  of  Rome,  he  men- 
tions three  uroan  and  nine  praetorian  cohorts.5 

In  a  fragment  of  Arrian  (the  author  of  the  work 
on  the  Tactics  of  the  Greeks)  we  have  a  brief  no- 
tice of  the  constitution  of  a  Roman  army  during  the 
reign  of  Hadrian,  and  the  description  will  probably 
serve  for  any  age  between  that  time  and  the  dissolu- 
tion of  the  Empire.  It  was  so  regulated  that,  when 
drawn  up  in  order  of  battle,  the  legions  should  be 
in  one  line  eight  deep,  and  no  mention  is  made  of 
any  division  of  the  troops  into  hastati,  principes, 
and  triarii.  The  first  four  ranks  were  armed  with 
f  he  pilum,  and  the  others  with  slender  pikes  or  jave- 
lins. The  men  in  the  front  rank  were  to  present 
their  pila  at  the  level  of  the  enemy's  horses'  breasts, 
and  those  in  the  second,  third,  and  fourth  ranks 
were  to  stand  ready  to  throw  theirs.  A  ninth  rank 
was  to  consist  of  archers,  and  behind  all  were  the 
catapultae  for  projecting  darts  and  arrows,  and  balistae 
for  throwing  stones,  over  the  heads  of  the  men  in 
front.  The  cavalry  were  directed  to  be  in  the  rear 
of  the  legions,  probably  in  the  event  of  being  obliged 
to  quit  their  stations  on  the  wings.  On  the  enemy 
making  a  charge,  the  second  and  third  ranks  were 
to  close  up  to  the  first,  and  all  these  were  to  pre- 
sent their  pila  ;  the  men  in  the  fourth  rank  were  to 
throw  their  weapons  directly  forward,  and  those  in 
the  rear  were  to  discharge  theirs  over  the  heads 
of  the  others.  The  march  of  the  army  was  made 
in  one  column.  First  came  the  Roman  artillery, 
in  two  ranks ;  these  were  followed  by  archers  on 
horseback  and  by  the  allied  cavalry  ;  then  came  the 
Armenian  archers  on  foot,  and  half  of  the  allied  in- 
fantry, which  was  flanked  by  the  cavalry  of  Achaia. 
The  elite  of  the  Roman  cavalry  marched  at  the  head 
of  the  central  division ;  after  them  came  the  ordi- 
nary cavalry,  then  the  catapultae  and  the  light  troops 
attached  to  the  legions,  followed  by  the  legions 
themselves,  in  cohorts  four  men  deep.  At  the  head 
of  the  legion  marched  the  praefect,  his  legate,  the 
tribunes,  and  the  centurions  of  the  first  cohort. 
The  rear-guard  consisted  of  the  other  half  of  the  al- 
lied infantry  and  the  baggage  ;  and  the  whole  was 
closed  by  the  cavalry  of  the  Getae. 

After  the  settlement  of  the  Empire,  Augustus 
united  with  the  troops  which,  under  the  name  of 


1.  (Tacit.,  Hist.,  i.,  82.)— 2.  (n.,  7.)-3.  (n.,  8.)^  4.  (ii.,  7.) 
— 5.  (Ticit.,  Ann.,  iv.,  5.— Lips,  in  loc.) 
I  Of. 


the  p1  aetorian  cohort,  had  attended  him  as  his  guard, 
two  legions  of  infantry  which  had  been  raised  in 
Italy,  and  placed  the  whole  in  garrison  in  the  chief 
towns  of  that  country,  but  never  allowed  more  than 
three  cohorts  to  be  in  one  city.1  Tiberius  after- 
ward assembled  this  body  of  men  in  a  fortified  camp 
at  Rome,2  but  outside  the  walls  of  the  city  ;3  and 
there,  during  300  years,  they  were  at  times  the 
guards  and  the  masters  of  the  sovereign.  In  the 
time  of  Tiberius  there  were  nine  praetorian  co- 
horts,* but  their  number  was  increased  to  sixteen 
under  Vitellius,  four  of  whom  guarded  the  city.3 
When  Severus  had  got  possession  of  the  Empire, 
subsequently  to  the  murder  of  Pertinax  by  these 
praetorians,  he  disarmed  the  latter,  and  banished 
them  from  Rome ;  but  such  an  institution  was  too 
convenient  to  be  neglected  by  the  despotic  monarch 
of  a  vast  empire,  and  he  immediately  drew  from  the 
legions  of  the  frontiers  the  men  most  remarkable 
for  their  strength  and  courage.6  With  these  lie 
formed  an  army  of  25,000  men,  to  whom  he  gave 
pay  and  privileges  superior  to  those  of  the  other 
troops  ;  and  their  commander,  the  praetorian  prae- 
fect, was  made  both  the  head  of  all  the  military 
force  and  the  chief  minister  of  the  Empire.  By  the 
arrangements  of  Diocletian,  a  praetorian  praefect 
was  appointed,  with  both  a  military  and  a  civil  ju- 
risdiction, in  each  of  the  four  great  provinces,  Italy, 
Gaul,  Illyria,  and  the  East,  into  which  the  Empire 
was  then  divided  ;  but  a  large  body  of  guards,  un- 
der the  command  of  the  praefect  of  Rome,  contin- 
ued to  form  the  garrison  of  the  city.  Engaged  in 
the  cause  of  Maxentius,  these  troops,  almost  alone, 
withstood  for  a  time  the  shock  of  Constantine's 
Gallic  army,  and  most  of  them  are  said  to  have 
covered  with  their  dead  bodies  the  ground  whiol/. 
they  occupied  when  in  line  ;7  but,  after  the  death  of 
the  former,  the  fortified  camp  of  the  praetorians  was 
destroyed,  and  their  institution  was  suppressed.9 

The  command  of  all  the  armies  of  the  Empire 
was  then  committed  by  Constantine  to  two  officers,, 
who  had  the  title  of  magistri  militum ;  one  of  these 
was  placed  over  the  cavalry,  and  the  other  over 
the  infantry,  yet  both  commanded  indifferently  the 
troops  of  both  classes  in  any  one  army.9  On  the 
division  of  the  Empire  their  number  was  doubled ; 
and  in  the  reign  of  Constantius  it  was  increased  to 
eight.  According  to  Vegetius,10  the  magister  mili- 
tum was  a  man  of  distinguished  birth ;  but  this 
writer  observes  that  the  troops  were  actually  com- 
manded by  the  praefectus  legionis,  who  held  an  in- 
termediate rank  between  the  magister  militum  and 
the  tribunes,  who  were  placed  over  the  cohorts. 

The  hope  of  preventing  those  acts  of  insubordi- 
nation which  had  occurred  among  the  legionary 
troops,  appears  to  have  induced  Constantine,  or  his 
immediate  successors,  to  diminish  the  strength  of 
those  bodies ;  and,  from  a  computation  founded  on 
the  number  of  the  troops  which  garrisoned  Amida 
when  it  was  besieged  by  Sapor,  it  appears  that  a 
Roman  legion  could  not  then  have  consisted  of 
more  than  1500  men.11  Of  these  comparatively 
small  bodies  there  were  about  132  in  the  whole 
Empire  ;  they  were,  however,  not  only  without  the 
discipline  which  characterized  the  Roman  line  of 
battle  in  former  times,  but  the  progress  of  luxury 
had  so  far  enervated  the  class  of  free  citizens  that 
a  sufficient  number  could  not  be  found  to  fill  the 
ranks  of  the  army.  Slaves  were  admitted  into 
every  corps  except  the  superior  class  of  cavalry ; 
and  the  boldest  of  the  Franks  and  Goths  were  al- 


1.  (Suet.,  Octav.,  49.)— 2.  (Suet.,  Tib.,  37.)— 3.  (Suet.,  Ner., 
48.)_4.  (Tacit.,  Arm.,  iv.,  5.)— 5.  (Tacit.,  Hist.,  ii.,  93.)— 6. 
(Dion.,  lxxiv.,  2.)— 7.  (Panegr.  Vet.,  x.,  17.)— 8.  (Zosimus,  lib 
ii.— Panegr.  Vet.,  ix.)— 9.  (Zosimus,  lib.  ii  )— 10.  (ii.,  9  ) — 1J 
(Amm.  Marcell.,  xix.,  2,  5 


ARQTJATL'S. 


AURHEPHORIA. 


lowed,  for  the  sake  of  their  services,  to  attain  the 
highest  military  posts.  In  this  age  appear  the  fi.rst 
indications  of  the  feudal  tenures  ;  for  the  lands  be- 
Btowed  on  the  veterans,  as  the  reward  of  valour, 
were  granted  on  condition  that  the  sons  of  those 
men  should,  like  their  fathers,  serve  the  state  in  the 
wars.1 

The  reputation  of  the  Roman  arms  was  upheld 
for  a  time  ir.  tne  West  by  the  troops  under  Aetius, 
and  in  the  Ea<st  by  the  martial  virtues  of  Belisarius  ; 
and  the  last  notice  we  have  of  an  engagement  sus- 
ained  in  the  spirit  of  the  ancient  batil°s,  is  that 
<*iven  by  Procopius,  in  his  account  of  the  Persian 
war,3  when,  describing  an  action  on  the  Euphrates 
between  the  troops  of  that  nation  and  those  of  Jus- 
tinian, he  says  the  latter  presented  a  front  which 
opposed  to  the  assaults  of  the  enemy's  cavalry  an 
impenetrable  line  of  pikes,  while  the  bucklers  of  the 
men  protected  them  from  the  flights  of  arrows  with 
which  they  would  have  otherwise  been  overwhelm- 
ed. From  this  time  a  Roman  army  began  to  as- 
similate to  that  of  an  Asiatic  people ;  its  strength 
consisting  in  its  cavalry,  which  was  armed  with 
cuirass,  helmet,  and  greaves,  and  which  had  ac- 
quired dexterity  in  the  use  of  the  javelin  and  bow ; 
while  the  infantry,  formed  of  men  taken  from  the 
lowest  rank  in  society,  ill-armed  and  disciplined, 
served  chiefly  as  artificers  or  labourers,  or  attend- 
ants on  the  horsemen,  and  in  action  only  engaged 
with  an  infantry  like  themselves. 

♦ARJX'ABO  (dpvu6u),  a  medicinal  substance  no- 
ticed by  Aetius3  and  Paulus  ^Egineta.*  It  would 
appear  that  it  is  not  noticed  by  the  other  medical 
authors,  whether  Greek,  Roman,  or  Arabic,  unless 
we  are  to  suupose,  with  the  commentators  on 
tlesue,  that  it  is  the  second  Zerumbeth  of  Serapion, 
ind  th>3  Zarnabum  of  Avicenna.  If  so,  it  must 
^lave  been  Zcduary,  for  this  is  the  Zerumbeth  of  Se- 
rapion.5 

♦ARNOGLOS'SOS  {upvoyluococ  or  -ov),  the  herb 
Plantain.  Macer  Floridus  describes  two  species 
rery  distinctly,  namely,  the  Plantag^  major  and 
lanccolata.  Adams  sees  no  reason  to  loubt  that 
these  are  the  two  species  noticed  by  Diosco-id^s,  al- 
though Sprengel  hesitatingly  refers  them  v »  the  P. 
Asiatica  and  maritima ;  and  Sibthorp  marks  the  ap- 
i>6y?.G)<7Gov  titKpov  as  being  the  P.  lagopus.  &tack- 
house  recognises  the  L  of  Theophrastus  as  being 
the  P.  major,  or  the  Greater  Plantain.6 

*ARCW  (apov),  a  plant  about  which  great  uncer- 
tainty prevails.  Woodville  holds  it  to  be  the  Arum 
maculatum,  L.,  or  the  Wake-robin  ;  but  Alston  says 
"the  Wake-robin  is  not  the  apov,  but  the  upia- 
apov  Dioscoridis  in  the  opinion  of  many."  "I  can- 
not make  out  exactly,"  observes  Adams,  "what 
plant  either  Dodonagus  or  Matthiolus  points  to. 
Sprengel  mentions  that  Ghinius  referred  it  to  the 
Colocasia,  and  Anguillara  to  the  Arum  vulgare;  he 
himself  is  somewhat  undecided  as  to  the  difference 
between  the  common  Arum  and  the  Arum  Dioscori- 
dis. Stackhouse,  without  attempting  to  account 
for  the  transposition  of  terms,  decides  that  the  upov 
of  Theophrastus  is  the  Arum  Dracunculus,  or  Little 
Dragon  herb,  and  the  dpanovriov  the  Arum  macu- 
latum. I  regret  that,  after  consulting  all  the  best 
authorities  on  this  subject,  I  must  leave  it  in  so  un- 
satisfactory a  state."7 

ARQUA'TUS,  a  person  afflicted  with  the  arqua- 
tus  morhis,9  or  jaundice.9     This  disease  (called  also 

1.  (Cod.  Theodos.,  lib.  vii.)— 2.  (i.,  12.)— 3.  (xvi.,  113.)— 4. 
(lib.  vii.)— 5.  (Adams,  Append.,  s.  v.j— 6.  (Dioscor.,  ii.,  152. — 
Theophrast.,  H.  P.,  vii.,  8.— Adams,  Append.,  s.  v.)— 7.  (Theo- 
phrast.,  H.  P.,  i.,  6.— Dioscor.,  ii.,  198.)— 8.  (Cels.,De  Med.,  iii., 
24.) — 9.  (Lucret.,  iv.,  333. — "Lurida  prater ea  fiuut  quaecunque 
tuentur  Arquati :"  Varro,  ap.  Non.  Marc,  i.,  151.— "  Arquatis 
quae  lutea  non  sunt  asque  ut  lutea  videntur  :"  Plin.,  H.  N.,  II., 
44.— Lucil ,  ap.  Non.  Marc,  1.  c.) 


larepci  aurigo,  reg\us  morbus)  derives  its  name 
from  the  yellow  tint  diffused  over  the  body,  imita- 
ting in  a  manner  the  colours  of  the  rainbow.1  It  ia 
sometimes  spelled  arcuatus,  but  less  correctly,  as 
(according  to  Nonius3)  arcus  signifies  any  arch,  but 
arquus  only  the  iris,  or  rainbow ;  as  Lucretius,*  "Turn 
color  in  nigris  existit  nubibus  arqui." 

ARRA,  AR'RABO,  or  ARRHA,  AROIHABO,  is 
defined  by  Gaius*  to  be  the  "  proof  of  a  contract  of 
buying  and  selling ;"  but  it  also  has  a  more  general 
signification.  That  thing  was  called  arrha  which 
the  contracting  parties  gave  to  one  another,  whethei 
it  was  a  sum  of  money  or  anything  else,  as  an  evi- 
dence of  the  contract  being  made  :  it  was  no  es 
sential  part  of  the  contract  of  buying  and  selling, 
but  only  evidence  of  agreement  as  to  price.5  If  the 
arrha  was  given  as  evidence  of  a  contract  abso- 
lutely made,  it  was  called  arrha  pacto  perfccto  data  ; 
if  it  was  given  as  evidence  of  a  contract  to  be  made 
at  a  future  time,  it  was  called  arrha  pacto  impcrfccto 
data.  In  the  latter  case,  the  party  who  refused  to 
complete  the  contract  lost  the  arrha  which  he  had 
given ;  and  when  he  had  received  an  arrha,  but 
given  none,  he  was  obliged  to  restore  double  the 
amount  of  the  arrha.  Yet  the  bare  restoration  of 
the  arrha  was  sufficient,  if  both  parties  consented 
to  put  an  end  to  the  contract,  or  if  performance  of 
the  contract  was  resisted  by  either  party  on  suffi- 
cient grounds.  In  the  former  case,  the  arrha  only 
served,  if  dispute  arose,  as  evidence  of  the  unalter- 
able obligation  of  the  contract,  and  a  party  to  the 
contract  could  not  rescind  the  contract  even  with 
the  loss  of  the  arrha,  except  by  making  out  a  proper 
case.  Hence  arose  the  division  of  the  arrha  into 
confirmatoria  and  pcenitentialis.  If,  in  the  formei 
case,  the  contract  was  not  completely  performed, 
the  arrha  was  restored,  and  the  party  who  was  in 
fault  lost  the  arrha  which  he  had  given.  But  when 
the  contract  was  completely  performed,  in  all  cases 
where  the  arrha  was  money,  it  was  restored,  or 
taken  as  part  of  the  price,  unless  special  custom* 
determined  otherwise  ;  when  the  arrha  was  a  ring, 
or  any  other  thing,  not  money,  it  was  restored. 
The  recovery  of  the  arrha  was  in  all  cases  by  a 
personal  action. 

The  arrha  in  some  respects  resembles  the  depos- 
ite  of  money  which  a  purchaser  of  land  in  England 
generally  pays,  according  to  the  conditions  of  sale, 
on  contracting  for  his  purchase. 

The  term  arrha,  in  its  general  sense  of  an  evi- 
dence  of  agreement,  was  also  used  on  other  occa- 
sions, as  in  the  case  of  betrothment  (sponsalia). 
(Vid.  Marriage.)  Sometimes  the  word  arrha  ia 
used  as  synonymous  with  pignus,6  but  this  is  not 
the  legal  meaning  of  the  term.7 

ARRHEPHOR'IA  ('A^^opm),  a  festival  which, 
according  to  the  various  ways  in  which  the  name 
is  written  (for  we  find  hpcv^opia  or  ippnty'opia),  is 
attributed  to  different  deities.  The  first  form  is 
derived  from  app'rira,  and  thus  would  indicate  a  fes- 
tival at  which  mysterious  things  were  carried  about. 
The  other  name  would  point  to  Erse  or  Herse,  who 
was  believed  to  be  a  daughter  of  Cecrops,  and 
whose  worship  was  intimately  connected  with  that 
of  Athena.  But,  even  admitting  the  latter,  we  still 
have  sufficient  ground  for  believing  that  the  festival 
was  solemnized,  in  a  higher  sense,  in  nonour  of 
Athena.8     It  was  held  at  Athens,  in  the  month  of 


1.  (Isid.,  Orig.,  iv.,  8. — Non.  Marc,  v.,  14:  "In  arqui  simil- 
itudinem.")—  2.  (1.  c.)— 3.  (vi.,  525.)— 4.  (iii.,  139.)— 5.  (Gaiu?, 
Dig-.  18,  tit.  1,  s.  35.)— 6.  (Terent.,  Heautont.,  iii.,  3,  42.)— 7 
(Thibaut,  System  des  Pandekten  Rechts,  t)  144.— Dig.  18,  tit.  1, 
s.  35  ;  tit.  3,  r.  6  ;  14,  tit.  3,  s.  5,  t)  15  ;  19,  tit.  1,  s.  11,  0  6.— 
Cod.  4,  tit.  21,  s.  17.— Gellius,  xvii.,  2.— Compare  Bracton.ii.,  c; 
27:  "  De  acquirendo  rerum  dominio  in  causa  emptionis,"  and  what 
he  says  on  the  arrha,  with  the  passage  in  Gaius  already  referred 
to.) — 8.  (Etymol.  Mag.,  s  v.  'App»7$<5poj.) 

107 


ARSENIKON. 


ARTERIA. 


rtkitophorion.  Four  girls,  of  between  seven  and 
eleven  years,1  were  selected  every  year  from  the 
most  distinguished  families,  two  of  whom  super- 
intended the  weaving  of  the  sacred  peplus  of  Athe- 
na, which  was  begun  on  the  last  day  of  Pyanepsion  ;2 
the  two  others  had  to  carry  the  mysterious  and 
sacred  vessels  of  the  goddess.  These  latter  re- 
mained a  whole  year  on  the  Acropolis,  either  in  the 
Parthenon  or  some  ad-joining  building  ;3  and,  when 
the  festival  commenced,  the  priestess  of  the  goddess 
placed  vessels  upon  their  heads,  the  contents  of 
which  were  neither  known  to  them  nor  to  the 
priestess.  With  these  they  descended  to  a  natural 
grotto  within  the  district  of  Aphrodite,  in  the  gar- 
dens. Here  they  deposited  the  sacred  vessels,  and 
carried  back  something  else,  which  was  covered, 
and  likewise  unknown  to  them.  After  this  the 
girls  were  dismissed,  and  others  were  chosen  to 
6upply  their  place  in  the  Acropolis.  The  girls 
wore  white  -robes  adorned  with  gold,  which  were 
left  for  the  goddess  ;  and  a  peculiar  kind  of  cakes 
was  baked  for  them.  To  cover  the  expenses  of  the 
festival,  a  peculiar  liturgy  was  established,  called 
uppn^opia.  All  other*  details  concerning  this  festi- 
val are  unknown. 

ARROGATIO.     (Vid.  Adoptio.) 

*ARSEN'IKON  (upaeviKov)  "does  not  mean 
what  is  commonly  called  arsenic,  but  the  sesqui-sul- 
pkuret  of  arsenic,  or  orpiment."  Celsus  clearly  in- 
dicates what  it  was  when  he  says  "Auripigmenturn, 
quod  apaevmov  a  Greeds  nominatur."*-  In  a  word, 
it  is  yellow  orpiment,  and  this  latter  name  itself  is 
merely  a  corruption  from  auripigmenturn,  or  "  paint 
of  gold."  "It  was  called,"  observes  Dr.  Moore, 
"auripigmenturn,  perhaps,  not  merely  from  its  gold- 
en colour  and  the  use  to  which  it  was  applied,  but 
because  the  ancients  thought  it  really  contained 
iihat  metal.  Pliny  mentions,  among  other  modes 
of  obtaining  gold,  that  of  making  it  from  orpiment ; 
and  says  that  Caligula  ordered  a  great  quantity  of 
that  3iib3tS!t]G8  to  be  reduced,  and  obtained  excel- 
lent gold,  but  in  such  small  proportion  as  to  lose 
by  an  experiment  which  was  not  afterward  repeat- 
ed.4 Although  no  great  reliance  can  be  placed  on 
this  account,  we  are  not,  of  necessity,  to  regard 
it  as  a  fable  ;  for  the  mass  experimented  on  may 
have  contained,  as  it  is  said  this  mineral  sometimes 
does,  a  small  portion  of  gold."6  The  arsenic  of  the 
ancients,  then,  was  considerably  different  from  our 
oxyde  of  arsenic,  which  is  a  factitious  substance 
procured  from  cobalt  by  sublimation.  The  Arabian 
author  Servitor,  however,  describes  the  process  of 
subliming  arsenic ;  and  Avicenna  makes  mention 
of  white  arsenic,  by  which  he  no  doubt  meant  sub- 
limed arsenic,  or  the  Arsenicum  album  of  modern 
chymists.  According  to  the  analysis  of  Klaproth, 
yellow  orpiment  consists  of  62  parts  of  arsenic  and 
38  of  sulphur.  The  Greek  name  apaevinov  {mascu- 
line) is  said  by  some  to  have  been  given  to  it  be- 
cause of  the  potent  qualities  it  was  discovered  to 
possess ;  qualities,  however,  which  the  arsenic  of 
the  shops  exhibits  in  a  more  intense  degree.7  "  Ga- 
len8 says  it  was  commonly  called  apoevinov  in  his 
time,  but  vtto  tuv  uttlkI&iv  to.  navTa  /3ov2.o/j.evc)v, 
'  by  those  who  wished  to  make  everything  conform 
to  the  Attic  dialect,'  uppevueov."  According  to 
Pliny,  orpiment  was  dug  in  Syria,  for  the  use  of 
painters,  near  the  surface  of  the  ground  ;  Vitruvius9 
mentions  Pontus  as  a  locality,  and  Dioscorides10 
names  Mysia  as  the  country  whence  the  best  was 
brought ;  that  of  Pontus  holding  the  second  rank. 

1.  (appr](p6poi,  ifxjrjcpdpoi,  tppr)<popoi :  Aristoph.,  Lysist.,  642.) 

%  (Suid.,  s.  v.  XaXicua.) — 3.  (llarpocr.,  s.  v.  Aaitvotidpos : 

"\  it.,  i.,  27,  I)  4.)— 4.  (De  Med.,  v  ,  5.)— 5.  (H.  N.,  xxxi'ii.,  4.) 

>i    (Anc.  Mineralogy,  p.  60.) — 7.  (Id.  ib.)— 8.  (De  Medicam., 

w.tayevri,  iii.,  2,  p.  593,  ed.  Kiirm. — Theophjastus  has  aputvi- 

my.v  71,89,  90.)— 9.  (vii.,  7.)— 10.  (v.,  121.— Moore,  1.  c.) 

108 


The  red  sulphuret  of  arsenic  was  called  Sandara- 
cha,  and  the  ancients  appear  to  have  been  well 
acquainted  with  the  kindred  nature  of  both  the  yel- 
low and  red.     (Vid.  Sandaracha.) 

AR'TABA  (aprdSn),  a  Persian  measure  of  capa- 
city, which  contained,  according  to  Herodotus,1  I 
medimnus  and  3  chcenices  (Attic)  =102  Roman  sex- 
tarii  =12  gallons  5092  pints  ;  but,  according  to  Sui- 
das,  Hesychius,  Polyaenus,2  and  Epiphanius,  it  con- 
tained 1  Attic  medimnus  =96  sextarii  =11  gallons 
7-1456  pints.  There  was  an  Egyptian  measure  c* 
the  same  name,  of  which  there  were  two  sorts,  the 
old  and  the  new  artaba.3  The  old  artaba  contained 
4£  Roman  modii  =72  sextarii  =8  gallons  7359 
pints.  It  was  about  equal  to  the  Attic  metretes  ; 
and  it  was  half  of  the  Ptolemaic  medimnus,  which 
was  to  the  Attic  medimnus  as  3  :  2.  The  latei 
and  more  common  Egyptian  artaba  contained  3^ 
modii  =53|  sextarii  =6  gallons  48586  pints.*  It 
was  equal  to  the  Olympic  cubic  foot,  and  about  hall 
as  large  as  the  Persian  artaba.6 

ARTEMISIA  ('ApTEfiicria),  a  festival  celebrated 
at  Syracuse  in  honour  of  Artemis  Potamia  and  So- 
teira.6  It  lasted  three  days,  which  were  principally 
spent  in  feasting  and  amusements.7  Bread  was  of- 
fered to  her  under  the  name  of  Ao^'a.8  Festivals 
of  the  same  name,  and  in  honour  of  the  same  god- 
dess, were  held  in  many  places  in  Greece.;  but 
principally  at  Delphi,  where,  according  to  Hege- 
sander,9  they  offered  to  the  god  a  mullet  on  this  oc- 
casion, because  it  appeared  to  hunt  and  kill  the  sea- 
hare,  and  thus  bore  some  resemblance  to  Artemis, 
the  goddess  of  hunting.  The  same  name  was  given 
to  the  festivals  of  Artemis  in  Cyrene  a:id  Ephesus, 
though  in  the  latter  place  the  goddess  was  not  the 
Grecian  Artemis,  but  a  deity  of  Eastern  origin. 

*II.  The  name  of  an  herb,  commonly  called  Mug- 
worth,  or  Mothervjort.  Dioscorides  describes  three 
species,  the  TtoXvu/iuvoc ,  fiovonhuvog,  and  /Uttt^va- 
hoc.  The  first,  according  to  Sprengel,  is  the  Artemisia 
arbor escens ;  the  second,  the  Artemisia  spicata ;  and 
the  third,  the  Artemisia  campestris.  Dierbach  seems 
to  entertain  much  the  same  ideas  regarding  the 
species  of  wormwood  comprehended  under  the 
apre/xiaca  of  Hippocrates.  The  Wormwood  holds 
a  prominent  part  in  all  the  Herbals  of  antiquity,  from 
Dioscorides  to  Macer  Floridus.10 

ARTE'RIA  (aprripia),  a  word  commonly  (but 
contrary  to  all  analogy)  derived  and  rov  depa  rnpeiv^ 
ab  aire  servando ;  because  the  ancients,  ignorant  of 
the  circulation  of  the  blood,  and  finding  the  arteries 
always  empty  after  death,  supposed  they  were 
tubes  containing  air.11  The  word  was  applied  to 
the  trachea  by  Hippocrates18  and  his  contempora- 
ries, by  whom  the  vessels  now  called  arteries  were 
distinguished  from  the  veins  by  the  addition  of  the 
word  G(j)v£c).  By  later  writers  it  is  used  to  signify 
sometimes  the  trachea,13  and  in  this  sense  the  epi- 
thet rprixela,  aspera,  is  occasionally  added  ;14  some- 
times an  artery  ;15  in  which  sense  the  epithet  Ac/a, 
IcEvis,  is  sometimes  added,  to  distinguish  it  from  the 
trachea ;  and  sometimes,  in  the  plural  number,  the 
bronchia.16 


1.  (i.,  192.)— 2.  (Strat.,  iv.,  3,  32.)— 3.  (Didymus,  c.  19.)— 4. 
(Rhemn.  Farm.,  Carmen  de  Pond,  et  Mens.,  v.,  89,  90. — Hieron., 
ad   Ezech.,   5.) — 5.    (Bockh,    Metrolog".   Untersuch.,   p.   242.— 
Wurm,  de  Pond.,  &c,  p.  133.)— 6.  (Pind.,  Pyth.,  ii.,  12.)— 7 
(Liv.,  xxv.,  23.— Plut.,  Marcell.,  18.)— 8.  (Hesych.,  s.  v.)— 9 
(Athenaeus,  vii.,  p.  325.) — 10.  (Dioscor.,  iii.,  116,  117. — Adams 
Append.,  s.v.) — 11.  (Cic,  De  Nat.  Deor.,  ii.,  55:  "  Sanguis  pe 
venas  in  omne  corpus  diffunditur,  et  spiritus  per  arterias." — Com 
pare  Seneca,  Qusest.  Nat.,  iii.,  15,  6  2. — Plin.,H.  N.,  xi.,  88, 89. 
12.  (Epidem.,  vii.,  654,  663,  ed.  Kuhn.)— 13.  (Aristot.,  H.  A 
i.,  13,  $  5. — Macrob.,  Saturn.,  vii.,  15. — Aret.,  p.  24,  ed.  Kiilin. 
14.  (Aret.,  p.  31.— Cic,  De  Nat.  Deor.,  ii.,  54.— Cels.,  De  Med 
iv.,  1.) — 15.  (Cels.,  De  Med.,  iv.,  1,   Art.   quas  KapwTtSag  vc 
cant.— Ibid.,  ii.,  10.— Plin.,  H.  N.,  xi.,  88.— Aret.,  p.  31,  27* 
&c.)— 16.  (Auct.  ad  Herenn.,  iii.,  12. — Aul.  Gell,  N.  A.,     . 
26.— Aret.,  p.  25,  &c.) 


, 


ARVALES  FRATRES. 


ARVALES  FRATRES. 


Notwithstanding  the  opinion  of  many  of  the  an- 
cients, that  the  arteries  contained  only  air,  it  is 
certain  that  the  more  intelligent  among  them  knew 
perfectly  well,  1.  That  they  contain  blood,1  and 
even  that  this  is  of  a  different  nature  from  that 
which  is  in  the  veins.3  Galen,  from  whom  the  last 
idea  is  obtained,  calls  the  pulmonary  artery  0Aei// 
apTqpiudrjc,  because  it  conveys  venous  blood,  al- 
though it  has  the  form  and  structure  of  an  artery. 
2.  That  the  section  of  an  artery  is  much  more  dan- 
gerous and  more  difficult  to  heal  than  that  of  a 
vein.3  3.  That  there  is  a  pulsation  in  the  arteries 
which  does  not  exist  in  the  veins,  and  of  which  the 
variations  are  of  great  value,  both  as  assisting  to 
form  a  correct  diagnosis,  and  also  as  an  indication 
of  treatment.* 

ARTOP'TA.     (Vid.  Pistor.) 

ARU'RA  (upovpa),  a  Greek  measure  of  surface, 
which,  according  to  Suidas,  was  the  fourth  part  of 
the  ir'kidpov.  The  nXidpov,  as  a  measure  of  length, 
contained  100  Greek  feet  ;  its  square,  therefore, 
=10,000  feet,  and  therefore  the  arura  =2500  Greek 
square  feet. 

Herodotus5  mentions  a  measure  of  the  same 
name,  but  apparently  of  a  different  size.  He  says 
that  it  is  a  hundred  Egyptian  cubits  in  every  direc- 
tion. Now  the  Egyptian  cubit  contained  nearly  17| 
inches  ;6  therefore  the  square  of  100xl7f  inches, 
i.  e.,  nearly  148  feet,  gives  the  number  of  square 
feet  (English)  in  the  arura,  viz.,  21,904.7 

ARUS'PEX.     (Vid.  Haruspex.) 

ARVA'LES  FRATRES.  The  fratres  arvales 
formed  a  college  or  company  of  twelve  in  number, 
and  were  so  called,  according  to  Varro,8  from  offer- 
ing public  sacrifices  for  the  fertility  of  the  fields 
[sacra  publica  faciunt  propterca,  ut  fruges  fcrant 
trva).  That  they  were  of  extreme  antiquity  is 
proved  by  the  legend  which  refers  their  institution 
to  Romulus,  of  whom  it  is  said,  that  when  his  nurse 
Acca  Laurentia  lost  one  of  her  twelve  sons,  he  al- 
lowed himself  to  be  adopted  by  her  in  his  place,  and 
called  himself  and  the  remaining  eleven  "  Fratres 
Arvales."9  We  also  find  a  college  called  the  Sodales 
Titii,  and  as  the  latter  were  confessedly  of  Sabine 
Drigin,  and  instituted  for  the  purpose  of  keeping  up 
the  Sabine  religious  rites,10  there  is  some  reason  for 
the  supposition  of  Niebuhr,11  that  these  colleges 
corresponded  one  to  the  other :  the  Fratres  Arvales 
being  connected  with  the  Latin,  and  the  Sodales 
Titii  with  the  Sabine,  element  of  the  Roman  state, 
just  as  there  were  two  colleges  of  the  Luperci, 
namely,  the  Fabii  and  the  Quincttlii,  the  former  of 
whom  seem  to  have  belonged  to  the  Sabines. 

The  office  of  the  fratres  arvales  was  for  life,  and 
was  not  taken  away  even  from  an  exile  or  captive. 
They  wore,  as  a  badge  of  office,  a  chaplet  of  ears  of 
corn  (spicea  corona)  fastened  on  their  heads  with  a 
white  band.12  The  number  given  by  inscriptions 
varies,  but  it  is  never  more  than  nine  ;  though,  ac- 
cording to  the  legend  and  general  belief,  it  amount- 
ed to  twelve.  One  of  their  annual  duties  was  to 
celebrate  a  three  days'  festival  in  honour  of  Dea 
Dia,  supposed  to  be  Ceres,  sometimes  held  on  the 
ivi.,  xiv.,  and  xin.,  sometimes  on  the  vi.,  iv.,  and 
in.  Kal.  Jun.,  i.  e.,  on  the  17th,  19th,  and  20th,  or 
the  27th,  29th,  and  30th  of  May.  Of  this  the  mas- 
ter of  the  college,  appointed  annually,  gave  public 
notice  (indicebat)  from  the  Temple  of  Concord  on 
the  Capitol.     On  the  first  and  last  of  these  days, 

1.  (Aret.,  p.  295,  303,  where  arteriotomy  is  recommended.) — 
2.  (Galen,  De  Usu  Part.  Corp.  Hum.,  vii.,  8.)— 3.  (Cels.,  De 
Med.,  ii.,  10.) — 4.  (Vid.  Galen,  De  Usu  Puis.,  De  Causis  Puis., 
<fcc,  De  Ven.  et  Arteriar.  Dissect.) — 5.  (ii.,  168.) — 6.  (Hussey, 
Ancient  Weights,  &c.) — 7.  (Wurm,  De  Ponder.,  &c,  p.  94.) — 
8.  (De  Ling.  Lat.,  v.,  85,  ed.  Miiller.) — 9.  (Masurius  Sabinus, 
ap.  Aul.  Gell.,  vi.,  7.)— 10.  (Tacit.,  Ann.,  i.,  53.)— 11.  rttoin. 
Hist.,  i.,  p.  303,  transl.)— 12.  (Plin.,  H.  N.,  iviii.,  2.) 


the  college  met  at  the  house  of  their  president,  tc 
make  offerings  to  the  Dea  Dia  ;  on  the  second  they 
assembled  in  the  grove  of  the  same  goddess,  about 
five  miles  south  of  Rome,  and  there  offered  sacrificea 
for  the  fertility  of  the  earth.  An  account  of  the 
different  ceremonies  of  this  festival  is  preserved  in 
an  inscription,  which  was  written  in  the  first  year 
of  the  Emperor  Elagabalus  (A.D.  218),  who  wa» 
elected  a  member  of  the  college  under  the  name  of 
M.  Aurelius  Antoninus  Pius  Felix.1  The  same  in 
scription  contains  the  following  song  or  hymn, 
which  appears  to  have  been  sung  at  this  festival 
from  the  most  ancient  times  : 

"  E  nos,  Lases,  iuvate. 
Neve  luerve,  Mannar,  sins  incurrere  in  pleons 
Satur  furere,  Mars,  limen  sali,  sta  berber  • 
Scmunis  alter nei  advocapit  conctos. 
•    E  nos,  Marmor,  tuvato : 

Triumpe,  triumpe,  triumpe,  triumpe,  triumpe." 

Klausen,  in  his  work  on  this  subject,3  gives  the  fol 
lowing  translation  of  the  above  : 

"  Age  nos,  Lares,  juvate. 
Neve  luem,  Mars,  sinas  mcurrere  in  plures  : 
Satur  furere,  Mars,  pede  pulsa  limen,  sta  verbere 
Semones  alterni  advocabite  cunctos. 
Age  nos,  Mars,  juvato  : 
Triumphc,"  ^-c. 

But,  besides  this  festival  of  the  Dea  Dia,  the  fratres 
arvales  were  required,  on  various  occasions  under 
the  emperors,  to  make  vows  and  offer  up  thanks- 
givings, an  enumeration  of  which  is  given  in  Fat, 
ciolati.8  Strabo,  indeed,*  informs  us  that,  in  the 
reign  of  Tiberius,  these  priests  (lepofiv^fxovec)  per- 
formed sacrifices  called  the  ambarvalia  at  various 
places  on  the  borders  of  the  ager  Romanus,  or 
original  territory  of  Rome  ;5  and  among  others,  at 
Festi,  a  place  between  five  and  six  miles  from  the 
city,  in  the  direction  of  Alba.  There  is  no  boldness 
in  supposing  that  this  was  a  custom  handed  down 
from  time  immemorial,  and,  moreover,  that  it  was 
a  duty  of  this  priesthood  to  invoke  a  blessing  on  the 
whole  territory  of  Rome.  It  is  proved  by  inscrip- 
tions that  this  college  existed  till  the  reign  of  the 
Emperor  Gordian,  or  A.D.  325,  and  it  is  probable 
that  it  was  not  abolished  till  A.D.  400,  togethei 
with  the  other  colleges  of  the  pagan  priesthoods. 

The  private  ambarvalia  were  certainly  of  a  differ- 
ent nature  from  those  mentioned  by  Strabo,  ami 
were  so  called  from  the  victim  [hostia  ambarvalis), 
that  was  slain  on  the  occasion,  being  led  three 
times  round  the  cornfields  before  the  sickle  was  put 
to  the  corn.  This  victim  was  accompanied  by  a 
crowd  of  merry-makers  (chorus  et  socii),  the  reap- 
ers and  farm-servants  dancing  and  singing,  as  they 
marched  along,  the  praises  of  Ceres,  and  praying 
for  her  favour  and  presence,  while  they  offered  her 
the  libations  of  milk,  honey,  and  wine.6  This  cere- 
mony was  also  called  a  lustratio,1  or  purification  ; 
and  for  a  beautiful  description  of  the  holyday,  and 
the  prayers  and  vows  made  on  the  occasion,  the 
reader  is  referred  to  Tibullus,  lib.  ii.,  eleg.  i.  It  is, 
perhaps,  worth  while  to  remark  that  Polybius*  uses 
language  almost  applicable  to  the  Roman  ambar- 
valia in  speaking  of  the  Mantineans,  who,  he  says 
(specifying  the  occasion),  made  a  purification,  and 
carried  victims  round  the  city,  and  all  the  country  : 
his  words  are,  Ol  Mavrivetc  nadapfibv  kiroitjaavTo, 
Kal  addyia  ■Kepiijveyiiav  rrjg  re  noTieug  kvkXu  kcu  t>;c 
Xupac.  Tzaonc. 

There  is,  however,  a  still  greater  resemblance  to 

I.  (Marini,  Atti  e  Monument  degli  Arvali,  tab.  xli  —  Orelli, 
Corp.  T.o»cnp.,  nr.  2270.)-— 2.  (De  Carmine  Fratrum  Arvahuru, 
p.  23.)— 3.  (Lex.,  s.  v.) — 4.  (v.,  3.)— 5.  (Arnold,  Rom.  Hist.,  i., 
p.  31.)— 6.  (Virg.,  Georg.,  i.,  330.)— 7.  (Virg.,  Eclog.,  v.,  83.)- 
8.  (iv.,  21,  «  9.) 

109 


AS. 


A». 


the  nres  we  have  been  describing,  in  the  ceremonies 
of  the  rogation  or  gang  week  of  the  Latin  Church. 
These  consisted  of  processions  through  the  fields, 
accompanied  with  prayers  (rogationes)  for  a  bless- 
ing on  the  fruits  of  the  earth,  and  were  continued 
during  three  days  in  Whitsun-week.  The  custom 
was  abolished  at  the  Reformation  in  consequence 
of  its  abuse,  and  the  perambulation  of  the  parish 
Voundaries  substituted  in  its  place.1 

*ARUNDO.     (Vid.  KAAAMOS.) 

AS,  or  Libra,  a  pound,  the  unit  of  weight  among 
me  Romans.     (Vid.  Libra.) 

AS,  the  unit  of  value  in  the  Roman  and  old  Ital- 
ian coinages,  was  made  of  copper,  or  of  the  mixed 
metal  called  JEs.  The  origin  of  this  coin  has  been 
already  noticed  under  ^Es.  It  was  originally  of  the 
weight  of  a  pound  of  twelve  ounces,  whence  it  was 
called  as  libralis  and  as  grave.  The  oldest  form  of 
it  is  that  which  bears  the  figure  of  an  animal  (a  bull, 
ram,  boar,  or  sow).  The  next  and  most  common 
form  is  that  described  by  Pliny,3  as  having  the  two- 
faced  head  of  Janus  on  one  side,  and  the  prow  of  a 
ship  on  the  other  (whence  the  expression  used  by 
Roman  boys  in  tossing  up,  capita  aut  navim3).  The 
annexed  specimen,  from  the  British  Museum,  weighs 
4000  grains :  the  length  of  the  diameter  in  this  and  the 
*wo  following  cuts  is  half  that  of  the  original  coins. 


Pliny*  informs  us  that,  in  the  time  of  the  first 
Punic  war  (B.C.  264-241),  in  order  to  meet  the  ex- 
penses of  the  state,  this  weight  of  a  pound  was  di- 
minished, and  ases  were  struck  of  the  same  weight 
as  the  sextans  (that  is,  two  ounces,  or  one  sixth  of 
the  ancient  weight) ;  and  that  thus  the  Republic 
paid  off  its  debts,  gaining  five  parts  in  six  :  that  af- 
terward, in  the  second  Punic  wrar,  in  the  dictator- 
ship of  Q.  Fabius  Maximus  (about  B.C.  217),  ases 
of  one  ounce  were  made,  and  the  denarius  was  de- 
creed to  be  equal  to  sixteen  ases,  the  Republic  thus 
gaining  one  half;  but  that,  in  military  pay,  the  dena- 
rius was  always  given  for  ten  ases  :  and  that,  soon 
after,  by  the  Papirian  law  (about  B.C.  191),  ases  of 
half  an  ounce  were  made.  Festus,  also,5  mentions 
the  reduction  of  the  as  to  two  ounces  at  the  time  of 
the  first  Punic  war.  There  seem  to  have  been  other 
reductions  besides  those  mentioned  by  Pliny,  for 
there  exist  ases,  and  parts  of  ases,  which  show  that 
this  coin  was  made  of  11,  10,  9,  8,  3,  If,  1|  ounces ; 
and  there  are  copper  coins  of  the  Terentian  family 

1,  (Hooker,  Eccl.  Pol.,  v.,  61,62.—  Wheatley,  Com.  Pray.,  v., 
£0.)— 2.  (II.  N.,xxxiii.,3.)—  3.  (Macrob.,  Sat.,i.,7.)— 4.  (H.  N., 
rxxiii  ,  13.) — 5.  (s.  v.  Sextant    4kbcs  ) 
110 


which  show  that  it  was  depressed  to  ¥x¥  and  evci 
■gL  of  its  original  weight.  Several  modern  writers 
have  contended,  chiefly  from  the  fact  of  ases.  being 
found  of  so  many  different  weights,  that  Pliny's  ac- 
count of  the  reductions  of  the  coin  is  incorrect,  and 
that  these  reductions  took  place  gradually,  in  the 
lapse  of  successive  centuries.  But  Bockh  has 
shown1  that  there  is  no  trace  in  early  times  of  a 
distinction  between  the  cr.s  grave  and  lighter  mon- 
ey ;  that  the  Twelve  Tables  know  of  no  such  dis- 
tinction ;  that,  even  after  the  introduction  of  lightei 
money,  fines  and  rewards  were  reckoned  in  as 
grave ;  and  that  the  style  of  the  true  Roman  coins 
which  still  remain  by  no  means  proves  that  the 
heavier  pieces  are  much  older  than  those  of  two 
ounces,  but  rather  the  contrary.  His  conclusion  is, 
that  all  the  reductions  of  the  weight  of  the  as,  from 
a  pound  down  to  two  ounces,  took  place  during  the 
first  Punic  war.  Indeed,  if  the  reduction  had  been 
very  gradual,  it  is  impossible  that  the  Republic  could 
have  made  by  it  that  gain  which  Pliny  states  to  have 
been  the  motive  for  the  step. 

The  value  of  the  as,  of  course,  varied  with  its 
weight.  Some  writers,  indeed,  suppose  that  a  rise 
took  place  in  the  value  of  copper,  which  compensa- 
ted for  the  reduction  in  the  weight  of  the  as  ;  so 
that,  in  fact,  the  as  libralis  of  Servius  Tullius  was 
not  of  much  greater  value  than  the  lighter  money 
of  later  times.  But  this  supposition  is  directly  con- 
tradicted by  Pliny's  account  of  the  reduction  in  the 
weight  of  the  as  ;  and  it  would  appear  that  the  value 
of  copper  had  rather  fallen  than  risen  at  the  time 
when  the  reduction  took  place.3  Before  the  reduc- 
tion to  two  ounces,  ten  ases  were  equal  to  the  de- 
narius =about  8i  pence  English.  ( Vid.  Denarius.) 
Therefore  the  as  =3-4  farthings.  By  the  reduction 
the  denarius  was  made  equal  to  16  ases  ;  therefore 
the  as  =2$  farthings. 

The  as  was  divided  into  parts,  which  were  named 
according  to  the  number  of  ounces  they  contained. 
They  were  the  deunx,  dextans,  dodrans,  bes,  septunx, 
semis,  quincunx,  triens,  quadrans  or  teruncius,  sex- 
tans, sescunx  or  sescuncia,  and  uncia,  consisting  re- 
spectively of  11,  10,  9,  8,  7,  6,  5,  4,  3,  2,  \\,  and  1 
ounces.  Of  these  divisions  the  following  were  rep- 
resented by  coins ;  namely,  the  semis,  quincunx, 
triens,  quadrans,  sextans*  and  uncia.  There  is  a 
solitary  instance  of  the  existence  of  the  dodrans,  in 
a  coin  of  the  Cassian  family,  bearing  an  S  and  three 
balls.  We  have  no  precise  information  as  to  the 
time  when  these  divisions  were  first  introduced,  but 
it  was  probably  nearly  as  early  as  the  first  coinage 
of  copper  money. 

The  semis,  semissis,  or  semi-as,  half  the  as,  or  six 
ounces,  is  always  marked  with  an  S  to  represent  its 
value,  and  very  commonly  with  heads  of  Jupiter, 
Juno,  and  Pallas,  accompanied  by  strigils. 

The  quincunx,  or  piece  of  five  ounces,  is  very  rare. 
There  is  no  specimen  of  it  in  the  British  Museum. 
It  is  distinguished  by  five  small  balls  to  represent 
its  value. 

The  triens,  the  third  part  of  the  as,  or  piece  of 
four  ounces,  is  marked  with  four  balls.     In  the  an- 


nexed specimen  from  the  British  Museum,  the  balls 

1.  (Metrolog.  TJntersuch.,  I)  28.)— 2.   (Bockh,  Metrology  l/a 
tersuch.,  p.  346,  347.) 


ASBESTOS. 


ASCALABOTES. 


appear  on  both  sides,  with  a  thunderbolt  on  one  side, 
and  a  dolphin,  with  a  strigil  above  it,  on  the  other. 
Its  weight  is  1571  grains. 

The  quadrans  or  teruncius,  the  fourth  part  of  the 
as,  or  piece  of  three  ounces,  has  three  balls  to  de- 
note its  value.  An  open  hand,  a  strigil,  a  dolphin, 
grains  of  corn,  a  star,  heads  of  Hercules,  Ceres, 
&c.t  are  common  devices  on  this  coin.  Pliny1  says 
that  both  the  triens  and  quadrans  bore  the  image  of 
a  ship. 

The  sextans,  the  sixth  part  of  the  as,  or  piece  of 
two  ounces,  bears  two  balls.  In  the  annexed  spe- 
cimen from  the  British  Museum,  there  is  a  cadu- 
'wus  and  strigil  on  one  side,  and  a  cockle-shell  on 
*ho  other.     Its  weight  is  779  grains. 


The  uncia,  one  ounce  piece,  or  twelfth  of  the  as, 
ts  marked  by  a  single  ball.  There  appear  on  this 
coin  heads  of  Pallas,  of  Roma,  and  of  Diana,  ships, 
frogs,  and  ears  of  barley. 

After  the  reduction  in  the  weight  of  the  as,  coins 
were  struck  of  the  value  of  2,  3,  4,  and  even  10  ases, 
which  were  called,  respectively,  dussis  or  dupondius, 
tressis,  quadrussis,  and  decussis.  Other  multiples 
of  the  as  were  denoted  by  words  of  similar  forma- 
tion, up  to  centussis,  100  ases  ;  but  most  of  them  do 
not  exist  as  coins. 

In  certain  forms  of  expression,  in  which  as  is 
used  for  money  without  specifying  the  denomina- 
tion, we  must  understand  the  as.  Thus  deni  <zris, 
mille  aris,  decies  aris,  mean,  respectively,  10,  1000, 
1 ,000,000  ases. 

The  word  as  was  used  also  for  any  whole  which 
was  to  be  divided  into  equal  parts  ;  and  those  parts 
were  called  uncia.  Thus  these  words  were  applied 
not  only  to  weight  and  money,  but  to  measures  of 
length,  surface,  and  capacity,  to  inheritances,  inter- 
est, houses,  farms,  and  many  other  things.  Hence 
the  phrases  hares  ex  asse,  the  heir  to  a  whole  estate ; 
hares  ex  dodrante,  the  heir  to  the  ninth  part,  &c.a 
Pliny  even  uses  the  phrases  semissem  Africa,3  and 
dodrantes  et  semiuncias  horarum* 

The  as  was  also  called,  in  ancient  times,  assarius 
(sc.  nummits).  and  in  Greek  to  aaoupiov.  Accord- 
ing to  Polybius,5  the  assarius  was  equal  to  half  the 
obolus.  On  the  coins  of  Chios  we  find  dcoupiov, 
aoadpiov  f/fiLav,  doadpia  6vu,  doadpia  rpia. 

•AS'ARUM  (uaapov),  a  plant.  There  can  be  no 
doubt,  observes  Adams,  that  it  is  the  Asarum  Euro- 
pawn,  or  common  Asarabacca.  Dodoneeus  men- 
tions that  it  had  got  the  trivial  name  of  Baccar  in 
French,  and  hence  supposes  Asarabacca  was  a  com- 
pound of  the  two  terms.  He  denies,  however,  that 
it  is  the  real  Baccharis  of  the  ancients.  But  Spren- 
gel  advocates  this  opinion,  and  mentions  in  confirm- 
ation of  it,  upon  the  authority  of  the  Flora  Veronen- 
sis,  that  the  Asarabacca  is  called  bacchera  and  bac- 
cara by  the  inhabitants  of  the  district  around  Vero- 
na.* According  to  Sibthorp,  it  still  grows  in  what 
was  once  the  Laconian  territory,  and  in  the  country 
around  Constantinople. 

ASBES'TOS  or  AMIANTUS  (doSecToc,  dfiidv- 
»»•)«  This  mineral,  which  is  generally  white,  and 
Las  sometimes  a  greenish  hue,  and  which  consists 
of  soft  flexible  fibres,  was  obtained  by  the  ancients 


!.  OI.  N.,  xxniL,  13.)— 2.  (Vid.  Cic,  pro  Caecina,  c.  6.)— 3. 
fH  N.,  xvni.,  6.)— 4.  (H.  N.,  ii.,  14.)— 5.  (ii.,  15.)— 6.  (Dios- 
f°V  V  9j~Galen>  De  Simpl.,  vi.— Adams,  Append.,  s.  v  — Bil- 
lerbeck,  Flora  Classica,  p.  116.) 


from  India,  from  the  vicinity  of  Carpasus  in  Cyprus, 
and  from  Carystus  in  Eubcea.  In  consequence  oi 
being  found  in  the  two  latter  localities,  it  was  some 
times  called  "  the  flax  of  Carpasus"  (Xivov  Kapira* 
aiov1),  and  also  "  the  Carystian  stone"  (kidoc  Kapva< 
tioc2).  It  was  well  adapted  for  making  the  wicka 
of  lamps,  because  it  is  indestructible  by  fire ;  and 
hence  the  Greeks,  who  used  it  for  this  purpose,  gavs 
it  the  name  "asbestos,"  which  means  inextinguish- 
able. Pausanias3  mentions  that  the  golden  lamp 
which  burned  day  and  night  in  the  temple  of  Athena 
Polias,  at  Athens,  had  a  wick  of  this  substance. 

It  was  also  spun  and  woven  into  cloth.  Thus 
manufactured,  it  was  used  for  napkins  (xeipeKpa- 
yela,i  ^apo^c/crpa5),  which  were  never  washed,  but 
cleansed  in  a  much  more  effective  manner,  when- 
ever they  required  it,  by  being  thrown  into  the 
fire. 

Another  use  to  which  asbestine  cloth  was  aj>- 
plied,  was  to  preserve  the  remains  of  dead  bodies 
burned  in  the  funeral  pile.  The  corpse,  having  been 
wrapped  in  a  cloth  of  this  substance,  was  consumed 
with  the  exception  of  the  bones,  which  were  thus 
kept  together  and  preserved  from  being  mingled 
with  the  ashes  of  the  wood.  But  the  expense  of 
this  kind  of  cloth  was  so  great,  that  it  could  only 
be  used  at  the  obsequies  of  persons  of  the  most  ex- 
alted rank.  The  testimony  of  Pliny,  who  alone 
has  transmitted  to  us  the  knowledge  of  this  species 
of  posthumous  luxury,  has  been  corroborated  by 
the  discovery  of  pieces  of  the  cloth  in  ancient  Ro- 
man or  Italian  sepulchres.  The  most  remarkable 
specimen  of  this  kind  was  found  at  Rome,  A.D. 
1702,  in  a  marble  sarcophagus.  The  scull  and  bones 
of  the  deceased  were  wrapped  up  in  it.  Its  dimen- 
sions were  about  five  feet  by  six  and  a  half.  Since 
its  discovery,  it  has  been  carefully  preserved  in  the 
Vatican  Library ;  and  Sir  J.  E.  Smith,  who  saw  it 
there,  describes  its  appearance  in  the  following 
terms  :6  "  It  is  coarsely  spun,  but  as  soft  and  pliant 
as  silk.  Our  guide  set  fire  to  one  corner  of  it,  and 
the  very  same  part  burned  repeatedly  with  great 
rapidity  and  brightness  without  being  at  all  injured." 

Although  asbestos  is  still  found  naturally  asacei- 
ated  with  rocks  of  serpentine  in  Cornwall,  and  in 
many  foreign  countries,  it  is  now  scarcely  used  ex- 
cept for  some  philosophical  purposes,  and,  if  made 
into  cloth,  it  is  only  in  very  small  quantities,  and  as 
a  matter  of  curiosity. — *II.  The  Greek  medical  wri- 
ters use  the  term  uo6ea~og  in  a  very  different  sense 
from  the  preceding.  With  them  it  indicates  Calx 
viva,  or  Quicklime  (Tiravoc  being  understood).  By 
Dioscorides  it  is  more  specially  applied  to  the  lime 
of  sea-shells.  "  I  am  not  aware,"  observes  Adams, 
"  that  any  Greek  author  uses  the  term  ua6earoc  in 
the  sense  in  which  it  is  employed  by  the  Latin  wTri- 
ters  and  by  modern  naturalists."7 

♦ASCALABO'TES  (dottalaSuTrjc),  a  species  of 
Lizard.  Its  Greek  names  are  daKaXaduTnc,  d<r/ca/a- 
6oc,  yaleurnc,  and  koXuttjc,  all  of  w7hich  appellations 
are  given  to  one  and  the  same  animal,  namely,  the 
Spotted  Lizard,  the  Stcllio  of  the  Latin  writers,  and 
the  Lacerta  gecko  of  Linnesus.  The  Stellio  lived  in 
walls,  and  was  accustomed  to  run  along  these  and 
on  the  roofs  of  houses.8  It  was  considered  the  en- 
emy of  man,  venomous  and  cunning.  Hence  the 
term  stellionatus,  denoting  all  kinds  of  fraud  in  bar- 
gaining, and  the  old  English  word  stellionate,  or 
Fraud  in  the  contract.  The  Stellio  is  the  Tarentole^ 
or  Gecko  tubcrculcux  of  the  south  of  Europe.  It 
must  not  be  confounded  with  the  Lacerta  stcllio,  L  , 


I.  (Paus.,  i.,  26,  $  7.)— 2.  (Plut.,  De  Orae.  Def.)— 3.  (1  c.)— 
4.  (Sotacus,  ap.  Ap.  Dysc.H.  Comment.,  c.  36.)— 5.  (Strabo,  x.— 
Plut.,  1 .  c— "  Mappae,"  Plin.,  H.  N  ,  xix.,  4.)— 6-  (Tour  on  Con- 
tinent, vol.,  ii.,  p.  201.) — 7.  (Dioscorides,  v.,  132.— Galen. — A* 
tius.—  P.  JEgin. — Oribasius:  pluries. — Ad:.ms,  Append.,  s.  *. 
— 8.  ( jLristoph.,  Nub.,  170,  &c.) 

Ill 


ASCIA. 


ASCYRON. 


cr  the  Stellio  of  the  Levant.  This  misapplication 
of  the  term  was  first  made  by  Belon.  The  Laccrta 
sttllio  is  of  an  olive  colour,  shaded  with  black,  and 
is  very  common  throughout  the  Levant,  and  partic- 
ularly in  Egypt.  The  L.  gecko,  on  the  other  hand, 
is  a  spotted  lizard,  and  some  of  the  species,  the 
Plytydactyli  for  instance,  are  painted  with  the  most 
lively  colours  The  melancholy  and  heavy  air  of 
the  Gecko,  superadded  to  a  certain  resemblance 
which  it  bears  to  the  salamander  and  the  toad,  have 
rendered  it  an  object  of  hatred,  and  caused  it  to  be 
considered  as  venomous,  but  of  this  there  is  no  real 
proof.1 

♦ASC'ARIS  (acnapie),  the  small  intestinal  worm 
formed  in  children  and  in  adults  afflicted  with  cer- 
tain diseases.     It  is  the  Ascaris  vermicularis,  L.2 

ASCIA,  dim.  ASCIOLA  (onenupvov,  oKeirdpviov), 
an  adze. 

MuratoM3  has  published  numerous  representations 
of  the  adae,  as  it  is  exhibited  on  ancient  monuments. 
We  select  the  three  following,  two  of  which  show 
the  instrument  itself,  with  a  slight  variety  of  form, 
while  the  third  represents  a  ship-builder  holding  it 
in  Lis  right  hand,  and  using  it  to  shape  the  rib  of  a 
vessel.  The  blade  of  the  adze  was  frequently  curv- 
ed, as  we  see  if  in  all  these  figures,  in  order  that  it 
might  be  employed  to  hollow  out  pieces  of  wood,  so 
as  to  construct  vessels  either  for  holding  water  or 
for  floating  upon  it.  Calypso,  in  the  Odyssey,*  fur- 
nishes Ulysses  both  with  an  axe  (Treleicvc)  and  with 
"  a  well-polished  adze,"  as  the  most  necessary  in- 
^ruments  for  cutting  down  trees  and  constructing 
*  ship. 


In  otfier  cases  the  curvature  of  the  blade  was 
much  kss  considerable,  the  adze  being  used  merely 
to  cut  off  all  inequalities,  so  as  to  make  a  rough 
|*iece  of  timber  smooth  (asciare,  dolare),  and,  as  far 
as  possible,  to  polish  it  (pclire).  Cicero5  quotes  from 
the  Twelve  Tables  the  following  law,  designed  to 
rest).  3  in  the  expenses  of  funerals  :  Rogum  ascia  ne 
f>lito. 

In  using  the  adze,  the  shipwright  or  carpenter  was 
always  in  danger  of  inflicting  severe  blows  upon  his 
ovvn  feet  if  he  made  a  false  stroke.  Hence  arose 
fc,  proverb  applied  to  those  who  were  their  own  en- 
emies, or  did  themselves  injury :  Ipse  mihi  asciam 
in  crus  impegi.6  Another  proverbial  expression,  de- 
rived from  the  use  of  the  same  tool,  occurs  in  Plau- 
tus.7  The  phrase  Jam  hoc  opus  est  exasciatum 
means,  "This  work  is  now  begun,"  because  the 
rough-hewing  of  the  timber  by  means  of  the  ascia, 
the  formation  of  balks  or  planks  out  of  the  natural 
trunk  or  branches  of  a  tree,  was  the  first  step  to- 
ward* the  construction  of  an  edifice.  On  the  other 
band,  we  read  in  Sophocles  of  a  seat  not  even  thus 
rough-hewn.8    The  expression  used  is  equivalent 

1    (Cuvier's  Anim.  Kingd.,vol.  ii.,  p.  38,  transl.) — 2.  (Adams, 
Apnond.,  s.  v.)— 3.  (Ins.  Vet.  Thes.,  $.,  534-536.)— 4.  (v.,  237.) 
—5    (De  Leg-.,  ii.,  23.)-6.  (Petron..  Sat.., 74.)— 7.  (Asm.,  ii.,  2, 
•J  >— 8.  ((l<i9(jov  dcxinapvov  :  (Ed.  Col..  101.) 
113 


to  a&arov  TTErpov,*  and  denoted  a  rock  in  its  natu- 
ral state. 

Both  the  substantive  ascia,  and  the  verb  asciare 
derived  from  it,  retain  the  same  signification  in  mod- 
ern Italian  which  they  had  in  Latin,  as  above  ex- 
plained. 

Vitruvius  and  Palladius1  give  directions  for  u?mg 
the  ascia  in  chopping  lime  and  mixing  it  so  as  to 
make  mortar  or  plaster.  For  this  purpose  we  mutt 
suppose  it  to  have  had  a  blunt,  unpolished  blade,  and 
a  long  handle.  In  fact,  it  would  then  resemble  thrj 
modern  hoe,  as  used  either  by  masons  and  plaster- 
ers for  the  use  just  specified,  or  by  gardeners  or  ag- 
riculturists for  breaking  the  surface  of  the  ground 
and  eradicating  weeds.  Accordingly,  Palladius,8  in 
his  enumeration  of  the  implements  necessary  for 
tilling  the  ground,  mentions  hoes  with  rakes  fixed 
to  them  at  the  back,  ascias  in  aversa  parte  referenUs 
rastros. 

Together  with  the  three  representations  of  the 
ascia,  we  have  introduced  into  the  preceding  wood- 
cut the  figure  of  another  instrument,  taken  from  a 
coin  of  the  Valerian  family.4  This  instrument  was 
called  Acisculus.  It  was  chiefly  used  by  masons, 
whence,  in  the  ancient  glossaries,  Aciscularius  is 
translated  Xaro/ioc,  a  stone-cutler.  The  acisculus, 
or  pick,  as  shown  in  the  above  figure,  was  a  little 
curved,  and  it  terminated  in  a  point  in  one .  direc- 
tion, and  was  shaped  like  a  hammer  in  the  other. 
Its  helve  was  inserted  so  that  it  might  be  used  with 
the  same  kind  of  action  as  the  adze.  Also,  as  the 
substantive  ascia  gave  origin  to  the  verb  exasciare, 
meaning  to  hew  a  smooth  piece  of  wood  out  of  a 
rough  piece  by  means  of  the  adze,  so  acisculus  gave 
origin  to  exacisculare,  meaning  to  hew  anything  out 
of  stone  by  the  use  of  the  pick.  Various  monu- 
mental inscriptions,  published  by  Muratori,f  warn 
persons  against  opening  or  destroying  tombs  by  this 
process. 

*AS'KION  (uokiov),  a  species  or  variety  of  Truf- 
fle, mentioned  by  Theophrastus.' 

*ASCLETTAS  {ugkItittluc),  a  plant,  which  Al- 
ston, Woodville,  Billerbeck,  and  Sprengel  agree  in 
identifying  with  the  Asclepias  vincetoxicum,  L.,  o» 
officinal  Swallow- wort.  Stackhouse,  however,  pre- 
fers the  Thapsia  Asclepinon.  It  was  used  in  cases 
of  dropsy,7  and  took  its  name  from  Asclepiades, 
who  first  recommended  its  use. 

ASOLEPIEFA  ('AcK^r/nceta)  is  the  name  of  fes- 
tivals which  were  probably  celebrated  in  all  places 
where  temples  of  Asclepius  (iEsculapius)  existed. 
The  most  celebrated,  however,  was  that  of  Epidau- 
rus,  which  took  place  every  five  years,  and  was  sol- 
emnized with  contests  of  rhapsodists  and  musicians, 
and  with  solemn  processions  and  games.  'AaKXrr 
nuca  are  also  mentioned  at  Athens,8  which  were, 
probably,  like  those  of  Epidaurus,  solemnized  with 
musical  contests.  They  took  place  on  the  eighth  day 
of  the  month  of  Elaphebolion. 

♦ASCYRON  (acKvpov),  a  plant.  Dioscorides 
puts  it  beyond  a  doubt,  that  the  acuvpov  is  a  species 
of  Hypericum,  or  St.  John's-wort ;  but  which  spe- 
cies it  is  cannot  be  satisfactorily  determined.  Spren- 
gel, in  the  first  edition  of  his  11.  H.  H.,  prefers  the  Hy- 
pericum Androsamum,  or  Tutsan  ;  but  in  his  edition 
of  Dioscorides  he  hesitates  between  the  H.  perfo- 
ratum and  the  H.  montanum.  Dodonaeus  is  for  the 
former,  and  Matthiolus  for  the  latter.  Adams  thinks 
that  the  description  of  Dioscorides  is  more  applica 
ble  to  the  androscemum  than  to  the  perforatum. 

1.  (1.  19.)— 2.  (Vitruv.,  vii.,  2.— Pallad.,  i.,  14.)— 3.  (i.,  43.) 
—4.  (Phil,  a  Turre,  Mem.  Vet.  Antii,  c.  2.)— 5.  (1.  c.)— 6.  (H 
P.,  i.,  10.)— 7.  (Theophrast.,  H.  P.,  ix.,  12.— Dioscor.,  iii.,  06.— 
Adams,  Append.,  s.  v. — Billerbeck,  Flora  Classica,  p.  61.) — 8 
(iEschines,  c.  Ctes.,  p.  455. — Bockh,  Staatshaush.,  ii.,  253.) — 9. 
(Billerbeck,  Flora  Classica,  p.  200.— Dioscor.,  iii.,  162.— Adam* 
Append.,  s.  v.) 


ASEriEIAS  G  RAPHE. 


AS1ARCJLE 


The  name  androscemon  (uvdpooaifiov)  was  given  to 
this  plant,  because  the  bud,  when  indented  with  the 
nail,  exudes  a  blood-red  colour  (dvdpbe  al/ia,  "  hu- 
man blood").  A  species  of  balsamic  oil  was  ex- 
tracted from  this  plant.  According  to  Sibthorp,  the 
Ascyron  is  called  at  the  present  day  BdXaa/xov  by 
the  monks  of  Mount  Athos  ;  'kzixnvbxoprov  in  Zante, 
where  it  grows  in  the  hedges  ;  and  onovdpi$a  in  La- 
conia. 

ASCO'LIA  {aoKulLa)  (the  leaping  upon  the  leath- 
er bag)  was  one  of  the  many  kinds  of  amusements 
in  which  the  Athenians  indulged  during  the  An- 
thesteria  and  other  festivals  in  honour  of  Dionysus. 
The  Athenians  sacrificed  a  he-goat  to  the  god, 
made  a  bag  out  of  the  skin,  smeared  it  with  oil,  and 
then  tried  to  dance  upon  it.  The  various  accidents 
accompanying  this  attempt  afforded  great  amuse- 
ment to  the  spectators.  He  who  succeeded  was 
victor,  and  received  the  skin  as  a  reward.1  The 
scholiast,  however,  erroneously  calls  the  ascolia  a 
festival;  for,  in  reality,  it  only  formed  a  part  of 
one.3 

ASEBEI'AS  rPA$H  (aoe6eiac  ypatff)  was  one 
of  the  many  forms  prescribed  by  the  Attic  laws  for 
the  impeachment  of  impiety.  From  the  various 
tenour  of  the  accusations  still  extant,  it  may  be  gath- 
ered that  this  crime  was  as  ill-defined  at  Athens, 
and,  therefore,  as  liable  to  be  made  the  pretext  for 
persecution,  as  it  has  been  in  all  other  countries  in 
which  the  civil  power  has  attempted  to  reach  offen- 
ces so  much  beyond  the  natural  limits  of  its  juris- 
diction. The  occasions,  however,  upon  which  the 
Athenian  accuser  professed  to  come  forward,  may 
be  classed  as,  first,  breaches  of  the  ceremonial  law 
of  public  worship ;  and,  secondly,  indications  of  that, 
which  in  analogous  cases  of  modern  times  would 
be  called  heterodoxy  or  heresy.  The  former  com- 
prehended encroachment  upon  consecrated  grounds, 
the  plunder  or  other  injury  of  temples,  the  violation 
of  asylums,  the  interruption  of  sar^ifices  and  festi- 
vals, the  mutilation  of  statues  of  the  gods,  the  in- 
troduction of  deities  not  acknowledged  by  the  state, 
and  various  other  transgressions  peculiarly  defined 
by  the  laws  of  the  Attic  sacra,  such  as  a  private 
celebration  of  the  Eleusinian  mysteries  and  their 
divulgation  to  the  uninitiated,  injury  to  the  sacred 
olive-trees,  or  placing  a  suppliant  bough  (iKernpla) 
on  a  particular  altar  at  an  improper  time.3  The 
heretical  delinquencies  may  be  exemplified  by  the 
expulsion  of  Protagoras*  for  writing  that  "he  could 
not  learn  whether  the  gods  existed  or  not,"  in  the 
persecution  of  Anaxagoras,5  like  that  of  Galileo  in 
after  times,  for  impugning  the  received  opinions 
about  the  sun,  and  the  condemnation  of  Socrates 
for  not  holding  the  objects  of  the  public  worship  to 
be  gods.6  The  variety  of  these  examples  will  have 
shown  that  it  is  impossible  to  enumerate  all  the 
cases  to  which  this  sweeping  accusation  might  be 
extended ;  and,  as  it  is  not  upon  record  that  reli- 
gious Athens7  was  scandalized  at  the  profane  jests 
of  Aristophanes,  or  that  it  forced  Epicurus  to  deny 
that  the  gods  were  indifferent  to  human  actions,  it 
is  difficult  to  ascertain  the  limits  at  which  jests  and 
skepticism  ended,  and  penal  impiety  began. 

With  respect  to  the  trial,  any  citizen  that  pleased 
6  PovXofievog — which,  however,  in  this,  as  in  all  oth- 
er public  actions,  must  be  understood  of  those  only 
who  did  not  labour  under  an  incapacitating  disfran- 
chisement (aTifiia) — seems  to  have  been  a  compe- 
tent accuser  ;  but,  as  the  nine  archons  and  the  arei- 
opagites  were  the  proper  guardians  of  the  sacred 


1.  (Schol.  in  Aristoph.,  Plut.,  1130.— Vlrg.,  Georg.,  ii.,  384.) 
—2.  (Vid.  Poll.,  Onom.,  ix..  121.— Henych.,  s.  v.  'Aax-wAuJCoi/- 
m.)— 3.  (Andoc.,  De  Myst.,  110.)-^.  (Diog.  Laert.,  IX.,  viii., 
i.)~ 5.  (Diog.  Laert.,  II..  iii.,  9.)  — 6.  (Xen.,  Apol.  Socr.)—  7. 
iXen.,  Rep.  Ath.,  iii.,  8.) 
P 


olives  {fioplac,  otjkoI1),  it  is  not  impossible  that  thej 
had  also  a  power  of  official  prosecution  upon  casu- 
ally discovering  any  injury  done  to  their  charge. 

The  cases  of  Socrates,  Aspasia,  and  Protagoras 
may  be  adduced  to  show  that  citizens,  resident 
aliens,  and  strangers  were  equally  liable  to  this  ac- 
cusation. And  if  a  minor,  as  represented  in  the 
declamation  of  Antiphon,  could  be  prosecuted  for 
murder  (fovov),  a  crime  considered  by  the  early 
Greeks  more  in  reference  to  its  ceremonial  pollu- 
tion than  in  respect  of  the  injury  inflicted  upon  so 
ciety,  it  can  hardly  be  concluded  that  persons  under 
age  were  incapable  of  committing  or  suffering  fo* 
this  offence.8 

The  magistrate  who  conducted  the  previous  ex 
amination  {avdnpioic)  was,  according  to  Meier,*  in 
variably  the  king  archon,  but  whether  the  court  into 
which  he  brought  the  causes  were  the  areiopagus 
or  the  common  heliastic  court,  of  both  of  which 
there  are  several  instances,  is  supposed4  to  have 
been  determined  by  the  form  of  action  adopted  by 
the  prosecutor,  or  the  degree  of  competency  to 
which  the  areiopagus  rose  or  fell  at  the  different 
periods  of  Athenian  history.  From  the  Apology  of 
Socrates  we  learn  that  the  forms  of  the  trial  upon 
this  occasion  were  those  usual  in  all  public  actions 
{vid.  GRAPHAI),  and  that,  generally,  the  amount  ol 
the  penalty  formed  a  separate  question  for  the  di- 
casts  after  the  conviction  of  the  defendant.  For 
some  kinds  of  impiety,  however,  the  punishment 
was  fixed  by  special  laws,  as  in  the  case  of  per- 
sons injuring  the  sacred  olive-trees,  and  in  that  men- 
tioned )y  Andocides.6 

If  the  accuser  failed  to  obtain  a  fifth  of  the  votes 
of  the  dicasts,  he  forfeited  a  thousand  drachmas,  and 
incurred  a  modified  uTifiia.  The  other  forms  or 
prosecution  for  this  offence  were  the  (nrayuyf)*  ' 
k^rjyrjaLg,1  evde^ic,9  Trpo6o2,r/,9  and,  in  extraordinary 
cases,  daayyzkia  ;10  besides  these,  Demosthenes 
mentions11  two  other  courses  that  an  accuser  might 
adopt,  dmd&crdaL  irpbc  F^vfioXmSac,  and  (ppd&Lv  rtpbc 
top  (SaaiMa,  of  which  it  is  difficult  to  give  a  satis- 
factory explanation. 

ASIAR'CtLE  (uoiapxai)  were,  in  the  Roman 
provinces  of  western  Asia,  the  chief  presidents  of 
the  religious  rites,  whose  office  it  was  to  exhibit 
games  and  theatrical  amusements  every  year,  in 
honour  of  the  gods  and  the  Roman  emperor,  at  their 
own  expense,  like  the  Roman  oediles.  As  the  ex- 
hibition of  these  games  was  attended  with  great 
expense,  wealthy  persons  were  always  chosen  to  fill 
this  office  ;  for  which  reason  Strabo  says  that  some 
of  the  inhabitants  of  Tralles,  which  was  one  of  the 
most  wealthy  cities  in  Asia  Minor,  were  always 
chosen  asiarchs.  They  were  ten  in  number,  se- 
lected by  the  different  towns  of  Asia  Minor,  and  ap- 
proved of  by  the  Roman  proconsul ;  of  these,  one  was 
the  chief  asiarch,  and  frequently,  but  not  always, 
resided  at  Ephesus.  Their  office  only  lasted  for  a 
year  ;  but  they  appear  to  have  enjoyed  the  title  as 
a  mark  of  courtesy  for  the  rest  of  their  lives.13  This 
title  also  occurs  in  a  Greek  inscription  at  Assos  in 
Mysia,  copied  by  Mr.  Fellows.13  In  the  letter  writ- 
ten by  the  Church  of  Smyrna  respecting  the  mar- 
tyrdom of  Polycarp,1*  we  read  that  Philip  the  asiarch 
was  requested  by  the  infuriated  people  to  let  loose 
a  lion  against  Polycarp,  which  he  said  it  was  not 
lawful  for  him  to  do,  as  the  exhibition  of  wild  beasts 
(Kvvrjyeoia)  had  been  finished.     In  another  part  of 

1.  (Lysias,  Uepl  tov  Ztjkov,  282.)— 2.  (Antiph.,  Tetral.,  ii.,  p. 
674.)— 3.  (Att.  Process,  300,  304,  n.  34.)-4.  (Meier,  Att.  Pro- 
cess, 305.)— 5.  (De  Myst.,  110.)— 6.  (Demosth.,  c.  Androt.,  601. 
626.)— 7.  (Meier,  Att.  Process,  246.)— 8.  (Andoc.,  De  Myst.,  8  ) 
—9.  (Libanius,  Argum.  ad  Demosth.,  in  Mid.,  509,  10.)— 10. 
(Andoc,  De  Mvst.,  43.)— 11.  (c.  Androt..  601.)— 12.  (Strobe 
xiv.,  p.  649.— Acts,  xix.,  31.— Wetstem  et  Kuinoel  in  loc.)— IS 
(Excursion  in  Asia  Minor,  p.  49.) — 14.  (c.  12.) 

in 


ASILLA. 


ASPALATHUF 


this  epistle  Philip  is  called  high-priest  (apxiepevg), 
which  appears  to  show  that  he  must  have  been  chief 
asiarch  of  the  province. 

ASILL'A  (dalXXa)  was  a  wooden  pole  or  yoke, 
held  by  a  man  either  on  his  two  shoulders,  or  more 
commonly  on  one  shoulder  only,  and  used  for  car- 
rying burdens. 

The  paintings  in  the  ancient  tombs  of  Egypt 
prove  the  general  use  of  this  implement  in  that 
country,  especially  for  canying  bricks,  water-pails 
to  irrigate  the  gardens,  and  baskets  with  all  kinds 
of  provisions  for  the  market.  Mr.  Burton  found  at 
Thebes  a  wooden  yoke  of  this  kindr  with  one  of  the 
leather  straps  belonging  to  it.  The  yoke  (which  is 
now  in  the  British  Museum)  is  abcut  :*£  feet  long, 
and  the  strap  about  16  inches.8 

We  also  find  this  instrument  displayed  in  works 
ot  Grecian  art.  A  small  bronze  lamp  found  at  Sta- 
biae  (see  the  annexed  woodcut)  represents  a  boy 
carrying  two  baskets  suspended  from  a  pole  which 
rests  upon  his  right  shoulder.  The  two  other  rep- 
resentations here  introduced,  though  of  a  fanciful 
or  ludicrous  character,  show  by  that  very  circum- 
stance how  familiar  the  ancients  must  have  been 
with  the  use  of  this  piece  of  furniture.  The  first  is 
from  a  beautiful  sardonyx  in  the  Florentine  muse- 
um :  it  represents  a  grasshopper  carrying  two  bas- 
kets, suspended  each  by  three  cords  from  the  ex- 
tremity of  the  yoke,  and  skilfully  imitates  the  action 
of  a  man  who  is  proceeding  on  a  journey.  The 
other  is  from  a  Greek  painted  vase,3  and,  under  the 
disguise  of  a  satyr,  shows  the  mode  in  which  lambs 


and  other  viands  were  sometimes  carried  in  pre- 
paring for  a  sacrifice  to  Bacchus.  In  the  collection 
of  antique  gems  at  Berlin  there  are  no  less  than 
four  representations  of  men  carrying  burdens  in  this 
manner.* 

Aristotle5  has  preserved  an  epigram  of  Simonides, 
which  was  probably  inscribed  upon  the  base  of  a 
etatue  erected  at  Olympia  to  the  individual  whom 
it  celebrates.     It  begins  thus  : 

Tlpoade  fiev  a//0'  upoiaiv  ixC)V  Tprjxelav  aalTJkav, 
'Ixdvg  e£  'Apyovg  elg  Teyiav  efepov. 

This  poor  man,  who  had  formerly  obtained  his  living 
by  bearing  "  a  rough  yoke"  upon  his  shoulders,  to 
carry  fish  all  the  way  from  Argos  to  Tegea,  at 
length  immortalized  himself  by  a  victory  at  the 
Olympic  games.6 

1.  (c.  21.) — 2.  (Wilkinson,  Manners  and  Customs  of  Ancient 
Egypt,  vol.  ii.,  p.  5,  99,  137,  138.)— 3.  (Sir  W.  Hamilton's  Va- 
ses, ii.,  40.) — 4.  (Winckelmann,  Pierres  gravees  du  Baron  de 
Stosch,  p.  517.)— 5.  (Rhet.,  '.,  7.)— 6.  (Anthol.  Oraec,  i.,  80,  ed. 
Jacobs.) 

114 


Aristophanes  calls  this  implement  uvufyopov  :  ne 
introduces  upon  the  stage  a  slave  carrying  a  heavy 
load  by  means  of  it ;  and  he  describes  the  act  of 
transferring  it  from  one  shoulder  to  another  by  the 
phrase  fiera6aX?i6/j.evog  ruvdfiopov.1 

*ASFLUS,  a  sppcies  of  Gadfly  or  Horsefly,  ac- 
customed to  sting  cattle.  Virgil2  makes  it  the  same 
with  the  olarpog  of  the  Greeks,  and  Varro3  gives  to 
it  the  name  of  Tabanus.  Pliny,4  on  the  other  hand 
informs  us  that  it  was  called  both  tabanus  and  asi- 
lus. As  in  Latin,  so  in  Greek  there  are  two  names, 
olarpog  and  fivoip.  Bochart5  and  Aldrovandi6  have 
proved  very  satisfactorily,  that  by  the  Greek  poets 
and  writers  on  Belles  Lettres  these  two  terms  were 
used  indiscriminately,  but  that  Aristotle  and  other 
writers  on  matters  of  science  apply  the  former 
{olarpog )  to  a  species  of  gadfly,  meaning,  very  prob- 
ably, the  (Esirus  bovis  or  Breeze,  and  the  latter  to  a 
species  of  horsefly,  the  Tabanus  bovinus.  This  Ad- 
ams considers  the  most  satisfactory  account  of  the 
matter;  he  deems  it  right,  however,  to  mention, 
that  Schneider,  treating  of  the  fivuf  of  ^Elian,  pro- 
fesses himself  unable  to  determine  whether  it  wa3 
a  species  of  (Estrus,  Tabanus,  or  Hippobosca;  and  in 
another  place  he  offers  it  as  a  conjecture,  that  the 
olarpog  of  Aristotle  was  a  species  of  Culex,  or  gnat. 
It  seems  agreed  that  the  Asilus  of  Virgil  was  the 
Breeze.7  Martyn8  gives  a  description  of  the  Asillo, 
which  he  takes  to  be  the  same  with  the  Asilus, 
from  an  Italian  author.  He  represents  it  as  "in 
shape  somewhat  resembling  a  wasp  or  wild  bee. 
It  has  two  membranaceous  wings,  with  whic'"  it 
makes  a  loud  whizzing.  The  belly  is  terminated  by 
three  long  rings,  one  less  than  the  other,  from  the 
last  of  which  proceeds  a  formidable  sting.  This 
sting  is  composed  of  a  tube,  through  which  the  egg 
is  emitted,  and  of  two  augers,  which  make  way  fin 
the  tube  to  penetrate  into  the  skin  of  the  cattle. 
These  augers  are  armed  with  little  knives,  which 
prick  with  their  points  and  cat  with  their  edges, 
causing  intolerable  pain  to  the  animal  that  is  wound- 
ed by  them.  But  this  pain  is  not  all ;  for  at  the 
end  of  the  sting,  as  at  the  end  of  a  viper's  tooth, 
and  of  the  sting  of  wasps,  bees,  and  hornets,  issues 
forth  a  venomous  liquor,  which  irritates  and  inflames 
the  fibres  of  the  wounded  nerves,  and  causes  the 
wound  to  become  fistulous.  This  fistula  seems  to 
be  kept  open  by  the  egg,  after  the  manner  of  an 
issue.  The  egg  is  hatched  within  the  fistula,  and 
the  worm  continues  there  till  it  is  ready  to  turn  to 
a  chrysalis,  receiving  its  nourishment  from  the 
juice  which  flows  from  the  wounded  fibres.  These 
worms  remain  for  nine  or  ten  months  under  the 
skin,  and  then,  being  arrived  almost  to  perfectior 
they  come  out  of  their  own  accord,  and  creep  into 
some  hole  or  under  some  stone,  and  there  enter 
into  the  state  of  a  chrysalis,  in  which  condition 
they  lie  quiet  for  some  time,  and  at  last  come  forth 
in  the  form  of  the  parent  fly." 

*ASTNUS.     (Vid.  Onos.) 

*ASPAL'ATHUS  {uairdladog),  a  species  of  thoi- 
ny  shrub,  bearing  a  flower  which  some  call  the  Rose 
of  Jerusalem,  or  Lady's  Rose.  Much  uncertainty, 
however,  exists  on  this  point.  "  The  Aspalathus," 
says  Charras,9  "  is  the  wood  of  a  thorn-tree  or  bush, 
in  virtues,  taste,  smell,  and  figure  much  resembling 
Lignum  aloes."  Matthiolus  is  at  great  pains  to 
prove  that  it  is  not  the  Santalum  rubrum.  Spren- 
gel,  in  the  first  edition  of  his  R.  H.  H..  holds  it  to 
be  the  Genista  aspalatho'ides,  but  in  his  edition  of 
Dioscorides    he  inclines   to    the    Cytisus   laniger, 

1.  (Ran.,  8.— Eccles.,  828.— Schol.  in  loc.)— 2.  (fteorg.,  iii.. 
148.)— 3.  (De  Re  Rust.,  ii.,  5.)— 4.  (H.  N.,  xi.,  28.)— 5.  (Hier..' 
lib.  iv.,  col.  546.) — 6.  (De  Insect.,  lib.  iii.) — 7.  (Adams,  Append., 
e.  v.— ^Elian,  N.  A  ,  vi.,  37.— Aristot.,H.  A.,  i.,  i.) — 8.  (InVirg- 
Georg.,  iii.,  148.)— 9.  (Royal  Pharmacop.,  s.  v.) 


ASPIS. 


ASSESSOR. 


t/and.  In  Ihe  works  of  the  Arabian  writers  on 
Husbandry,  it  is  said  that  the  Aspalathus  has  a  pur- 
ple flower  and  an  acid  taste,  and  has  no  fruit.  Ac- 
cording to  Maeris  Atticista,  the  Attics  used  uandl- 
adoL  for  uKavdai  *  f  the  other  Greeks.  We  may  con- 
clude, then,  that  it  was  often  applied  loosely  to  all 
kinds  of  thorns.'  The  rind  of  the  root  of  the  As- 
palathus yielded  an  aromatic  oil. 

♦ASP'ALAX  (dcn-iAaO,  a  species  of  Mole,  called 
OTruXat;  by  Aristotle,3  Girdluijj  by  Aristophanes,3 
and  at<jyvevc  by  Lycophron.*  It  is  generally  set 
down  as  being  the  Talpa  Europea,  L.,  or  common 
Mole  ;  bat  it  is  deserving  of  remark,  that  Olivier, 
in  his  Travels,  has  described  a  species  or  variety 
of  mole  found  in  Asia  Minor,  which,  Dr.  Trail  of 
Edinburgh  thinks,  answers  better  to  Aristotle's  de- 
scription than  the  common  mole.  Aristotle  was 
aware  that  the  Mole  is  not  blind,  although  it  has 
very  small  eyes.5 

*ASPAR'AGUS  (dondpayoe  or  da<j>dpayoc),  the 
Asparagus,  a  well-known  vegetable.  Theophras- 
tus*  remarks  that  Asparagus  has  thorns  in  place  of 
leaves,  so  that  it  is  easy  to  perceive  he  means  the 
Asparagus  aphyllus,  L.  The  wild  Asparagus,  called 
uvdnavdoc  by  the  Greeks,  and  corruda  by  the  Ro- 
mans, was  more  used  in  medicine.  The  Greeks 
also  applied  the  term  doirdpayoc  to  all  tender  stalks 
or  stems  shooting  up  for  the  production  of  fruit  or 
seed.7 — The  Attics  wrote  dacpdpayoc  with  the  aspi- 
rated letter,  as  the  grammarians  and  also  Galen  in- 
form us.8  The  common  name  at  present  in  Greece 
is  arrapuyyc  or  crcapayyia. 

*ASPHALT'US.     (Vid.  Bitumen.) 

♦ASPHOD'ELUS  (dofyodelog),  a  plant,  called  by 
Apuleius  "  Hastula  regia,"  and  hence  its  English 
name,  "  King's  Spear."  According  to  Sprengel,  the 
cc(j>6de?»oc  of  Galen  is  the  Ornithogalum  Stachyoides ; 
ba"  that  of  Theophrastus  and  Dioscorides  the  -4s- 
phodelus  ramosus,  L.  This  is  the  famous  herb 
which  Homer  represents  as  growing  in  the  meads 
of  Elysium.  Eustathius9  mentions  that  it  was  fre- 
quently planted  in  the  neighbourhood  of  sepulchres. 
The  common  name  of  the  Ornithogalum  is  the  Star 
of  Bethlehem. — The  Asphodelus  was  used  as  a  pot- 
herb in  the  time  of  Hesiod.10  According  to  Sibthorp, 
the  common  name  for  this  plant  at  the  present  day 
is  dc(p6deXu.  In  Laconia  it  is  termed  oTzovpdaKvha, 
in  Attica  KapadovKi. 

*ASPIS  (dojvig),  I.  the  Asp,  a  species  of  noxious 
serpent  often  mentioned  by  both  Greek  and  Roman 
writers ;  and  from  the  discrepances  which  are  ob- 
servable in  the  accounts  given  by  different  authors, 
it  would  seem  that  several  different  species  of  poi- 
sonous serpents  were  known  to  the  ancients  under 
this  common  name.  Galen,  in  fact,  and  the  other 
medical  authorities,  describe  three  varieties  of  the 
Asp,  namely,  the  Ptyas,  Chersaea,  and  Chelidonia.11 
./Elian,  however,  affirms  that  the  Egyptians  distin- 
guished sixteen  varieties  of  it.13  "  From  various 
circumstances,  and  particularly  from  the  descrip- 
tion of  Pliny,18  it  is  evident  that  the  most  common 
and  celebrated  of  the  Asp  species  was  that  to  which 
the  modern  Arabs  give  the  name  of  El  Haje,  or 
Haje  Nascher.  This  animal  measures  from  three  to 
nve  feet  in  length :  it  is  of  a  dark  green  colour, 
marked  obliquely  with  bands  of  brown ;  the  scales 
of  the  neck,  back,  and  upper  surface  of  the  tail  are 
slightly  carinated,  and  the  tail  is  about  one  fourth 
part  the  length  of  the  whole  body.  The  haje  is 
closely  allied  to  the  cobra  capcllo,  or  spectacled 

1.  (Dioscor.,  i.,  19. — Theophrast.,  H.  P.,  ix.,  7. — Adams,  Ap- 
pend s.  v.)— 2.  (H.  A.,  iv.,  7.)— 3.  (Acharn.,  879.)— 4.  (Cas- 
sandr.,  121.)— 5.  (Adams,  Append.,  s.  v.)— 6.  (H.  P.,  i.,  16.)— 
7.  (Galen,  de  Alim.  far.,  ii.,  58.)— 8.  (Schneider,  Gr.  D.  Wort., 
«.  v.)— 9.  (In  Od,  xi.,  538.) -10.  (Op.  et  D.,  41— Adams,  Ap- 
pend., s.  v.— Billerbeck,  Flora  Classica,  p.  92.)— 11.  (Theriaca 
»d  Pisjnes.)— 12.  (N.  A  ,  x..  31.)— 13.  (H.  N.,  viii.,  35.) 


snake  of  India,  the  chief  apparent  difference  being 
its  want  of  the  singular  yellow  mark  on  the  back  ol 
the  neck,  from  which  the  latter  species  derives  its 
name.  In  other  respects  these  two  serpents  are 
nearly  of  the  same  size  ;  they  are  equally  venomous, 
and  both  have  the  power  of  swelling  out  the  neck 
when  irritated,  and  raising  themselves  upright  upon 
their  tails,  to  dart  by  a  single  bound  upon  their  ene- 
mies. The  poison  of  the  Asp  is  of  the  most  deaoly 
nature.  The  habit  which  this  serpent  has  of  erect- 
ing itself  when  approached,  made  the  ancient  Egyp- 
tians imagine  that  it  guarded  the  places  which  it 
inhabited.  They  made  it  the  emblem  of  the  divin- 
ity whom  they  supposed  to  protect  the  world  ;  and, 
accordingly,  they  have  represented  it  on  their  tem- 
ples, sculptured  on  each  side  of  a  globe."1 — II.  (Vid. 
Clipeus  ) 

'ASPLE'NIUM  (don7jviov),  a  plant,  which  Spren- 
gel follows  Tragus  in  referring  to  the  Asplenium  ce- 
terach,  or,  as  he  proposes  to  call  it,  Gymnogramma 
ceterach,  our  Spleenwort  or  Milkwaste.  He  admits 
that  he  could  not  ascertain  the  origin  of  the  term 
ceterach.  Miller,  however,  says  "  the  word  ceterach 
is  Arabic."2  The  Asplenium  took  its  name  from 
its  supposed  utility  in  disorders  of  the  spleen. 
ASSA'RIUS  NUMMUS.  (Vid.  As.) 
ASSERES  LECTICA'RII.  (Vid.  Lectica.) 
ASSERTOR  or  ADSERTOR  contains  the  same 
root  as  the  verb  adserere,  which,  when  coupled  with 
the  word  manu,  signifies  to  lay  hold  of  a  thing,  to 
draw  it  towards  one.  Hence  the  phrase  adserere  in 
libertatem,  or  liberali  adserere  manu,  applies  to  him 
who  lays  his  hand  on  a  person  reputed  to  be  a  slave, 
and  asserts  or  maintains  his  freedom.  The  person 
who  thus  maintained  the  freedom  of  a  reputed  slave 
was  called  adsertor,3  and  by  the  laws  of  the  Twelve 
Tables,  it  was  enacted  in  favour  of  liberty,  that  such 
adsertor  should  not  be  called  on  to  give  security  irj 
the  sacramenti  actio  to  more  than  the  amount  of  l. 
asses.  The  person  whose  freedom  was  thus  claim- 
ed was  said  to  be  adsertus.  The  expressions  liber- 
alis  causa  and  liberalis  manus,  which  occur  in  class- 
ical authors  in  connexion  with  the  verb  adserere, 
will  easily  be  understood  from  what  has  been  said.4 
Sometimes  the  word  adserere  alone  was  used  as 
equivalent  to  adserere  in  libertatem.5 

The  expression  asserere  in  servitutem,  to  claim  a 
person  as  a  slave,  occurs  in  Livy.6 

ASSESSOR  or  ADSESSOR,  literally  one  who 
sits  by  the  side  of  another.  The  duties  of  an  as- 
sessor, as  described  by  Paulus,7  related  to  "  cogni- 
tiones,  postulationes,  libelli,  edicta,  decreta,  episto- 
lie ;"  from  which  it  appears  that  they  were  employ- 
ed in  and  about  the  administration. of  law.  The 
consuls,  praetors,  governors  of  provinces,  and  the 
judices,  were  often  imperfectly  acquainted  with  the 
law  and  the  forms  of  procedure,  and  it  was  neces- 
sary that  they  should  have  the  aid  of  those  who  had 
made  the  law  their  study.  The  praefectus  praetorio 
and  praefectus  urbi,  and  other  civil  and  military 
functionaries,  had  their  assessors.  An  instance  is 
mentioned  by  Tacitus8  of  the  Emperor  Tiberius  as- 
sisting at  the  judicia  (judiciis  adsidebat),  and  taking 
his  seat  at  the  corner  of  the  tribunal ;  but  this  pas- 
sage cannot  be  interpreted  to  mean,  as  some  persons 
interpret  it,  that  the  emperor  sat  there  in  the  char- 
acter of  an  assessor,  properly  so  called :  the  remark 
of  Tacitus  shows  that,  though  the  emperor  might 
have  taken  his  seat  under  the  name  of  assessor,  ho 
could  be  considered  in  no  other  light  than  as  the 
head  of  the  state. 


1.  (Penny  Cyclopaedia,  vol.  ii.,  p.  487.) — 2.  (Dioscorides,  iii., 
141. — Adams,  Append.,  3  v.) — 3.  (Gaius,  iv.,  14.) — 4.  (Terent , 
Adelph.,  II.,  i.,  40.— Plaut.,  Poen.,  IV.,  ii.,  83.—  Vid.  etiam  Dig 
40,  tit.  12,  De  liberali  Causa.)— 5.  (Cic,  pro  Flare,  c.  17.)— A 
(iii.,  44  ;  /xxiv.,  18.)— 7.  (Dig.  1,  tit  21,  s.  1.)— 8.  (Ans     i  .  75  ) 

115 


ASTER  ATTICUS. 


ASTRAGALUS. 


The  Emperor  Alexander  Severus  gave  the  as- 
sessors a  regular  salary.1  Freedmen  might  be 
assessores.  In  the  later  writers  the  assessores  are 
mentioned  under  the  various  names  of  conciliarii, 
juris  studiosi,  comites,  &c.  The  studiosi  juris,  men- 
tioned by  Gellius3  as  assistant  to  the  judices  (quos 
adhibere  in  consilium  judicaturi  solent),  were  the  as- 
sessores. Sabinus,  as  it  appears  from  Ulpian,3 
wrote  a  book  on  the  duties  of  assessors.  The  as- 
sessors sat  on  the  tribunal  with  the  magistrate. 
Their  advice  or  aid  was  given  during  the  proceed- 
ings as  well  as  at  other  times,  but  they  never  pro- 
nounced a  judicial  sentence.  As  the  old  forms  of 
procedure  gradually  declined,  the  assessores,  ac- 
cording to  the  conjecture  of  Savigny,*  took  the 
place  of  the  judices. 

♦ASSTUS  LAPIS  ("Aoaioc  Udoc),  a  kind  of  stone, 
deriving  its  name  from  Assos,  a  city  in  the  Troad. 
Such,  at  least,  is  the  account  of  Pliny.5  Dioscori- 
des,6  however,  calls  it  'Aatof  "kidoc,  and  Celsus7 
Lapis  Asius,  the  Asian  Stone  ;  the  last-mentioned 
author  appearing  to  derive  its  name  from  Asia  gen- 
erally. All  these  writers  agree  in  classing  it  with 
the  stones  which,  from  their  consuming  the  bodies 
of  the  dead  enclosed  within  them,  were  called  sar- 
cophagi (aapKoyayoi).  The  Assian  stone  was  char- 
acterized by  a  laminated  structure,  a  saline  efflo- 
rescence of  a  sharp  taste,  and  its  styptic  properties.8 
Galen,  in  describing  this  stone,  says  that  it  is  of  a 
spongy  substance,  light  and  friable  ;  that  it  is  cov- 
ered with  a  farinaceous  kind  of  powder,  called  the 
Flower  of  the  Assian  stone  ;  that  the  molecules  of 
this  flower  are  very  penetrating ;  that  they  consume 
flesh ;  and  that  the  stone  has  a  similar  property,  but 
in  a  less  degree.  This  efflorescence  had,  moreover, 
a  saline  taste.  Galen  adds,  that  it  was  of  a  yellow 
or  whitish  colour,  and  that,  when  mixed  with  resin 
of  turpentine  or  with  tar,  it  removed  tubercles. 
Piiny  repeats  almost  the  same  account.9 

*AST'ACUS  (daraKog),  a  sea  animal,  described 
by  Aristotle,  Galen,  Oppian,  iElian,  and  others.  It 
belongs  to  the  class  Crustacea,  and  is  called  Gram- 
maro  by  the  Italians,  Homar  by  the  French,  and 
Craw-fish  by  the  English.  It  is  the  Astacus  fluvia- 
lis,  L.  Cuvier  has  shown  that  it  is  the  Elephantus 
of  Pliny.10 

*ASTER  {a<7T7ip).  I.  A  species  of  bird,  most 
probably  the  Fringilla  rubra,  or  Smaller  Redpole. — 
II.  The  genus  Stella,  or  Star-fish.  It  has  been  va- 
riously classed  under  Zoophyta,  Mollusca,  and 
Crustacea,  by  both  ancient  and  modern  naturalists. 
— III.  One  of  the  varieties  of  the  Samian  earth  was 
also  called  by  this  name.     (Vid.  Samia  Terra.)    . 

*  ASTER  ATTICUS  (Aarr/p  'Attlkoc),  a  plant. 
According  to  Apuleius,  the  Asterion,  Asteriscon, 
Aster  Atticus,  and  Inguinalis,  are  synonymous. 
Stackhouse  and  Schneider  farther  identify  the  aorep- 
igkoc  of  Theophrastus  with  it.  Martyn  is  at  great 
pains  to  prove  that  the  "  Amellus'"  of  Virgil  is  the 
Aster  Atticus.  Botanists  accordingly  give  to  the 
Italian  blue  Starwort  the  name  of  Aster  amellus. 
The  flower  of  the  Aster  has  its  leaves  radiated  like 
a  star,  whence  its  name  (aarrip,  "  a  star").  This 
plant  was  employed  in  swellings  of  the  groin, 
whence  the  names  of  Inguinalis  and  Bubonium 
that  were  sometimes  applied  to  it.  Another  ancient 
appellation,  Amellus,  was  derived  from  that  of  the 
river  (the  Mela,  in  Cisalpine  Gaul)  on  the  banks  of 
which  this  plant  grew  very  abundantly.  The  root 
of  the  Aster,  cooked  in  old  Aminaean  wine,  is  men- 
tioned by  Columella  as  a  good  remedy  for  sickness 


1.  (Lamprid.,  Alex.  Sev.,  46.)— 2.  (xii.,  13.)— 3.  (Dig.  47,  tit. 
10,  s.  5.)— 4.  (Geschichte  des  Rom.  Rechts  im  Mittelalter,  i., 
79.)— 5.  (Plin.,  H.  N.,  xxxvi.,  27.)— 6.  (v.,  141,  142.)— 7.  (iv., 
•24.)— 8.  (Moore's  Anc.  Miaeral.,  p.  127.)— 9.  (Galen,  Sympt. 
Med.  Fac,  lib.  ix.) — 10.  (Adams,  Append.,  s  v  ) 
116 


among  bees.  The  Aster  grows  in  the  valleys  m.u 
on  the  hills  of  Italy  and  Sicily,  frequently  in  a  wild 
state.  Sib  thorp  found  it  also  near  Athens.1  It 
used  to  grow  abundantly  in  Attica. 

*ASTER'IA,  a  gem,  mentioned  by  Pliny,  which 
came  from  India  and  from  Carmania.  It  derived 
its  name  from  its  starlike  lustre  when  exposed  to 
the  rays  of  the  sun.  Mineralogists  make  it  to  have 
been  that  variety  of  opal  which  is  called  girasole, 
from  its  reflecting  a  reddish  light  when  turned  to- 
wards the  sun.  Pliny  describes  it  as  difficult  to 
engrave;  "  the  difficulty,"  observes  Dr.  Moore, 
"  arising  probably,  not  from  its  hardness,  but  from 
the  numerous  minute  fissures  which  traverse  opal 
in  all  directions,  and  to  which  it  is  supposed  to  owe 
the  playful  variation  of  its  colours."2 

*ASTRIOS,  a  gem  mentioned  by  Pliny,  and 
which  occurred  in  India  and  on  the  shores  of  Pal- 
lene,  but  of  the  best  quality  in  Carmania.  The 
Roman  writer  describes  it  as  shining  "from  a  point 
within  it  like  a  star,  with  the  brightness  of  the  full 
moon."  Dr.  Moore  considers  Werner's  opinion  the 
most  probable,  that  it  is  the  same  with  the  moon- 
stone of  Ceylon.3 

ASTRAG'ALUS,  an  astragal,  one  of  the  mould 
ings  in  architecture,  more  especially  characteristic 
of  the  Ionic  order. 

The  astragal  is  always  found  as  the  lowest  .mem- 
ber of  the  Ionic  capital,  forming  the  division  be- 
tween it  and  the  fluted  shaft  of  the  column.  Of 
this  we  have  a  beautiful  example  in  the  remains  ol 
the  Temple  of  Bacchus  at  Teos,  which,  as  we  are 
informed  by  Vitruvius,4  was  built  by  Hermogenes 
of  Alabanda,  one  of  the  most  celebrated  of  the  an- 
cient architects,  and  of  which  he  wrote  a  full 
description.  One  of  the  capitals  of  this  temple  is 
shown  in  the  annexed  woodcut.  Above  the  astra- 
gal we  see  the  echinus,  and  on  each  side  of  it  the 
volute,  to  which  is  added  an  ornament  in  imitation 
of  the  aplustre  of  a  ship.     (Vid.  Aplustre.) 

The  astragal  was  used  with  a  beautiful  effect  not 
only  in  Ionic,  but  also  in  Corinthian  buildings,  to 
border  or  divide  the  three  faces  of  the  architrave  ; 
and  it  was  admitted  under  an  echinus  to  enrich  the 
cornice.  The  lower  figure  in  the  woodcut  shows  a 
small  portion  of  the  astragal  forming  the  upper  edge 
of  an  architrave,  which  is  now  in  the  British  Mu- 
seum, and  which  was  part  of  the  Temple  of  Erech- 
theus  at  Athens.  It  is  drawn  of  the  same  size  as 
the  marble  itself.  The  term  astragalus,  employed 
by  Vitruvius,5  was  no  doubt  borrowed  from  Hermo 


VwM^mw^W/wW 


genes  and  other  Greek  writers  on  architecture.  1» 
denoted  a  bone  in  the  foot  of  certain  quadrupeds, 
the  form  and  use  of  which  are  explained  under  the 
corresponding  Latin  term  Talus.      A  number  of 

1.  (Dioscor.,  iv.,  118. — Martyn  in  Virg-.,  Georg-.,  iv.,  271. — 
Adams,  Append.,  s.  v. — Columella,  ix.,  13,  8. — Billerbeck,  Flora 
Classica,  p.  216.)— 2.  (Plin.,  H.  N.,  xxxvii.,  47.— Moore's  Anc 
Mineralogy,  p.  171.) — 3.  (Plin.,  H.  N.,  xxxvii.,  48. — Jameson's 
Mineralogy,  i.,  362. — Moore's  Anc.  Mineral.,  p.  172.) — 4.  (iv.,  3 
1  ;  vii.,  Pnef  12,  ed.  Schneider.)— 5.  (iii.   5,  3;  iv.,  f,  2,  3.) 


ASYLLM 


ASYLUM. 


tuese  bones,  placed  in  a  row,  wouM  present  a  suj- 
cession  of  oval  figures  alternating  with  angular 
projections,  which  was  probably  imitated  in  this 
moulding  by  the  inventors  of  the  Ionic  order.  The 
moulding  afterward  retained  the  same  name,  not- 
withstanding great  alterations  in  its  appearance. 
Vitruvius  speaks  of  the  "astragali"  in  the  base  of 
tht  Ionic  column.  These  were  plain  semicircular 
mcaldings,  each  of  which  resembled  the  torus,  ex- 
cept in  being  very  much  smaller.     (Vid.  Spira.) 

ASTPATEI'AS  rPA$H  (aaTpareiac  ypacpi])  was 
the  accusation  instituted  against  persons  who  failed 
to  appear  among  the  troops  after  they  had  been 
enrolled  for  the  campaign  by  the  generals.1  Any 
Athenian  citizen  ot  the  military  age  seems  to  have 
been  liable  to  be  called  upon  for  this  service,  with 
the  exception  of  Choreutae,  who  appear  to  have 
been  excused  when  the  concurrence  of  a  festival 
and  a  campaign  rendered  the  performance  of  both 
duties  impossible,2  and  magistrates  during  their  year 
of  office,  and  farmers  of  the  revenue,  though  the 
case  cited  in  Demosthenes3  suggests  some  doubts 
as  to  how  far  this  last  excuse  was  considered  a 
sufficient  plea.  We  may  presume  that  the  accuser 
in  this,  as  in  the  similar  action  for  leaving  the  ranks 
{lELTzora^Lov),  was  any  citizen  that  chose  to  come 
forward  (6  fiov'k6[ievoe,  olc  k^eari),  and  that  the 
court  was  composed  of  soldiers  who  had  served  in 
the  campaign.  The  presidency  of  the  court,  ac- 
cording to  Meier,  belonged  to  the  generals.*  The 
defendant,  if  convicted,  incurred  disfranchisement 
— u-ifiia,*  both  in  his  own  person  and  that  of  his 
descendants ;  and  there  were  very  stringent  laws 
to  punish  them  if  they  appeared  at  the  public  sacra, 
lo  which  even  women  and  slaves  were  admitted.6 

*ASTUR,  the  Falco  Palumbarius,  or  Goshawk. 
\Vid.  Hie  rax.) 

*ASTURCO,  a  jennet,  or  Spanish  horse.  (Vid. 
Lquus.) 

ASTYN'OMI  ( uGTwopot ),  or  street  police  of 
Athens,  were  ten  in  number,  five  for  the  city,  and 
as  many  for  the  Peirceus.  Aristotle  (as  quoted  by 
Harpocrat.,  s.  v.)  says  that  they  had  to  attend  to 
the  female  musicians,  to  the  scavengers,  and  such 
like.  In  general,  they  had  to  take  care  of  public 
decorum :  thus  they  could  punish  a  man  for  being 
indecently  clad.7  It  would  seem,  from  what  Aris- 
totle says,8  and  from  the  functions  which  Plato 
assigns  to  his  astynomi,9  that  they  had  also  the 
charge  of  the  fountains,  roads,  and  public  buildings; 
and  it  is  supposed  that  Plutarch's  words,10  ore  ruv 
'Adfjvrjaiv  vddruv  tmaTarrjc  rjv,  mean  "when  he 
was  astynomus."  The  astynomi  and  agoranomi  di- 
vided between  them  most  of  the  functions  of  the 
Roman  aediles.  The  astynomi  at  Thebes  were 
called  Te2.ea.pxoi.11     (Vid.  Agoranomi.) 

ASY'LUM  (aavlov).  In  the  Greek  states,  the 
temples,  altars,  sacred  groves,  and  statues  of  the 
gods  generally  possessed  the  privilege  of  protecting 
slaves,  debtors,  and  criminals,  who  tied  to  them  for 
refuge.  The  laws,  however,  do  not  appear  to  have 
recognised  the  right  of  all  such  sacred  places  to 
afford  the  protection  which  was  claimed,  but  to 
have  confined  it  to  a  certain  number  of  temples  or 
altars,  which  were  considered  in  a  more  especial 
manner  to  have  the  davXla,  or  jus  asyli.12  There 
were  several  places  in  Athens  which  possessed  this 
privilege,  of  which  the  best  known  was  the  The- 
seum,  or  Temple  of  Theseus,  in  the  city,  near  the 

1.  (Lys.  in  Ale,  i.,  521.)— 2.  (Petit.,  664.)— 3.  (Near.,  1353, 
24.)-4.  (Att.  Process,  363,  133.)— 5.  (Andoc.,  De  Myst.,  35.)— 
6.  (^Esch.  in  Ctes.,  73.— Demosth.  in  Timocr.,  733,  11.)— 7. 
(Diog.  Laert.,  vi.,  90.)— 8.  (Polit.,  vi.,  8,  t)  4,  5.)— 9.  (Legg.,  vi., 
p.  763.)— 10.  (Themist.,  c.  31.)— 11.  (Plutarch,  Reip.  ger.  Pre- 
cept., p.  811,  B.) — 12.  ("  Non  fuit  asylum  in  omnibus  temphs 
nisi  quibus  consecrationis  lege  concessum  esset:"  Servius  in 
Vug.,  JEn..  ii..  761  ) 


gymnasium,  which  was  chiefly  intended  /or  tht. 
protection  of  the  ill-treated  slaves,  who  could  take 
refuge  in  this  place,  and  compel  their  masters  to 
sell  them  to  some  other  person.1  The  other  plav'es 
in  Athens  which  possessed  the  jus  asyli  were,  the 
altar  of  pity,  e?Jov  fiufwc,*  which  was  situated  in 
the  agora,  and  was  supposed  to  have  been  built  by 
Hercules  ;s  the  altar  of  Zeus  'Ayopaloq ;  the  altars 
of  the  twelve  gods  ;  the  altar  of  the  Eumenides  on 
the  Areiopagus ;  the  Theseum  in  the  Piraeus ;  and 
the  altar  of  Artemis  at  Munychia.*  Among  the 
most  celebrated  places  of  asylum  in  other  parts  of 
Greece,  we  may  mention  the  Temple  of  Poseidon 
in  Laconia,  on  Mount  Taenarus  ;5  the  Temple  of 
Poseidon  in  Calauria  ;6  and  the  Temple  of  Athena 
Alea  in  Tegea.7 

It  would  appear,  however,  that  all  sacred  places 
were  supposed  to  protect  an  individual  to  a  certain 
extent,  even  if  their  right  to  do  so  was  not  recogni- 
sed by  the  laws  of  the  state  in  which  they  were  sit- 
uated. In  such  cases,  however,  as  the  law  gave  no 
protection,  it  seems  to  have  been  considered  lawful 
to  use  any  means  in  order  to  compel  the  individuals 
who  had  taken  refuge  to  leave  the  sanctuary,  ex- 
cept dragging  them  out  by  personal  violence.  Thus 
it  was  not  uncommon  to  force  a  person  from  an  al- 
tar or  a  statue  of  a  god  by  the  application  of  fire. 
We  read  in  the  Andromache  of  Euripides,8  that  Her- 
mione  says  to  Andromache,  who  had  taken  refuge 
at  the  statue  of  Thetis,  7rt5p  col  7rpoao1.au  :  on  which 
passage  the  scholiast  remarks,  "  that  it  was  the  cus- 
tom to  apply  fire  to  those  who  fled  to  an  altar."9 
In  the  same  manner,  in  the  Mostellaria  of  Plautus,10 
Theuropides  says  to  the  slave  Tranius,  who  had 
fled  to  an  altar,  "  Jamjubelo  ignem  et  sarmenta,  car- 
nifex,  circumdari." 

In  the  time  of  Tiberius,  the  number  of  places  pos- 
sessing the  jus  asyli  in  the  Greek  cities  in  Greece 
and  Asia  Minor  became  so  numerous  as  seriously 
to  impede  the  administration  of  justice.  In  conse- 
quence of  this,  the  senate,  by  the  command  of  the 
emperor,  limited  the  jus  asyli  to  a  few  cities,  but 
did  not  entirely  abolish  it,  as  Suetonius11  has  erro- 
neously stated.12 

The  asylum  which  Romulus  is  said  to  have  open- 
ed at  Rome  to  increase  the  population  of  the  city,13 
was  a  place  of  refuge  for  the  inhabitants  of  other 
states  rather  than  a  sanctuary  for  those  who  had 
violated  the  laws  of  the  city.  In  the  republican  and 
early  imperial  times,  a  right  of  asylum,  such  as  ex- 
isted in  the  Greek  states,  does  not  appear  to  have 
been  recognised  by  the  Roman  law.  Livy  seems 
to  speak  of  the  right1*  as  peculiar  to  the  Greeks : 
"  Templum  est  Apollinis  Dclium — eo  jure  sancto  quo 
sunt  templa  qua,  asyla  Graci  appellant"  By  a  con- 
stitute of  Antoninus  Pius,  it  was  decreed  that,  if  a 
slave  in  a  province  fled  to  the  temples  of  the  gods 
or  the  statues  of  the  emperors  to  avoid  the  ill-usage 
of  his  master,  the  praeses  could  compel  the  master 
to  sell  the  slave  ;15  and  the  slave  was  not  regarded 
by  the  law  as  a  runaway — -fugilivus.16  This  con- 
stitute of  AntDninus  is  quoted  in  Justinian's  Insti- 
tutes,17 with  a  slight  alteration  ;  the  words  ad  adem 
sacramare  substituted  for  ad  f ana  deorum,  since  the 
jus  asyli  was  in  his  time  extended  to  churches. 
Those  slaves  who  took  refuge  at  the  statue  of  an 

1.  (Plutarch,   Theseus,   c.   36.— Schol.   in  Aristoph- .  Equit., 
1309.— Hesvch.  et  Suid.,  s.  v.  Qrjarjov.)— 2.  (Pausan.,  i.,  17,  $ 
1.)— 3.  (Servius  in  Virg.,JEn.,  viii.,  342.) — 4.  (Ovx*v  Movvvxia 
iKaQVLtTo  :  Demosth.,  De  Cor.,  p.  262.— Petit.,  Legg.  Att.,  p.  77- 
82.— Meier  and  Schumann,  Att.  Process,  p.  404.)— 5.  (Thucyd., 
i.,  128,  133.— Corn.  Nep.,  Pausan.,  c.  4.)— 6.  (Plutarch,  De- 
mosth.,  c.   29.)— 7.    (Pausan.,  iii.,   5,   $   6.)— 8.    (1.  256.)— 9- 
(Compare  Eurip.,  Hercul.  Fur.,  1.  242.)— 10.  (V.,  i.,  65.)— 11 
(Tib.,  37.)— 12.  ( Vid.  Tacit.,  Ann.,  iii.,  60-63  ;  iv.,  14  —  Ernesti 
Excurs.  ad  Suet.,  Tib.,  c.  37.)— 13    (Liv.,  i.,  8.— Virg.,  ^En.,  vm 
342.— Dionys.,  ii.,  15.) — 14.  (xx.xv..  51.)— 15.  (Gaius,  i.,  53  »- 
6.  (Dig.  21,  tit.  1,  s.  17,  »  13.)— 17.  fi.,  tit.  8,  s.  2.) 
°  117 


ATELLANAE  FABUL.^. 


ATE^LANJS  FABUL-E 


emperor  w  ere  considered  to  inflict  disgrace  on  their 
master,  as  it  was  reasonably  supposed  that  no  slave 
would  take  such  a  step  unless  he  had  received  very 
bad  usage  from  his  master.  If  it  could  be  proved 
that  any  individual  had  instigated  the  slave  of  an- 
other to  flee  to  the  statue  of  an  emperor,  he  was 
liable  to  an  action  corrupti  servi.1  The  right  of 
asylum  seems  to  have  been  generally,  but  not  en- 
tirely, confined  to  slaves.3 

The  term  uavV.a  was  also  applied  to  the  security 
from  plunder  (aav'kia  nal  Kara  yrjv  nal  Kara  -&d2,aa- 
oav)  which  was  sometimes  granted  by  one  state  to 
another,  or  even  to  single  individuals.3 

ATELEFA  (ariXeia),  immunity  from  public  bur- 
dens, was  enjoyed  at  Athens  by  the  archons  for  the 
time  being  ;  by  the  descendants  of  certain  persons, 
on  whom  it  had  been  conferred  as  a  reward  for 
great  services,  as  in  the  case  of  Harmodius  and 
Aristogeiton ;  and  by  the  inhabitants  of  certain  for- 
eign states.  It  was  of  several  kinds  :  it  might  be 
a  general  immunity  (areXeta  uiravruv),  or  a  more 
special  exemption,  as  from  custom-duties,  from  the 
liturgies,  or  from  providing  sacrifices  (ariXeca  le- 
owv*).  The  exemption  from  military  service  was 
also  called  a.Te2.eia.a 

ATELLA'NJS  FABUL^E.  The  Atellane  plays 
were  a  species  of  farce  or  comedy,  so  called  from 
Atella,  a  town  of  the  Osci,  in  Campania.  From 
this  circumstance,  and  from  being  written  m  the 
Oscan  dialect,  they  were  also  called  Ludi  Osci. 
Judging  from  the  modern  Italian  character  and 
other  circumstances,  it  is  not  unreasonable  to  sup- 
pose that  they  were  at  first,  and  in  their  native 
country,  rude  improvisatory  farces,  without  dra- 
matic connexion,  but  full  of  raillery  and  wit,  sug- 
gested by  the  contemporary  events  of  the  neigh- 
bourhood. However  this  may  be,  the  "Atellane 
fables"  at  Rome  had  a  peculiar  and  dramatic  char- 
acter. Thus  Macrobius6  distinguishes  between 
them  and  the  less-  elegant  mimes  of  the  Romans  : 
the  latter,  he  says,  were  acted  in  the  Roman  lan- 
guage, not  the  Oscan ;  they  consisted  of  only  one 
act,  whereas  the  Atellane  and  other  plays  had  five, 
with  laughable  exodia  or  interludes ;  lastly,  as  he 
thought,  they  had  not  the  accompaniment  of  the 
flute-player,  nor  of  singing,  nor  gesticulation  (motus 
corporis).  One  characteristic  of  these  plays  was 
that,  instead  of  the  satyrs  and  similar  characters 
of  the  Greek  satyric  drama,  which  they  in  some  re- 
spects resembled,  they  had  Oscan  characters  drawn 
from  real  life,  speaking  their  language,  and  person- 
ating some  peculiar  class  of  people  in  a  particular 
locality.  Such,  indeed,  are  the  Harlequin  and  Pul- 
cinello  of  the  modern  Italian  stage,  called  maschere 
or  masks,  and  supposed  to  be  descended  from  the 
old  Oscan  characters  of  the  Atellanae.  Thus,  even 
now,  zanni  is  one  of  the  Harlequin's  names,  as  san- 
nio  in  the  Latin  farces  was  the  name  of  a  buffoon, 
who  had  his  head  shorn,  and  wore  a  dress  of  gay 
patchwork ;  and  the  very  figure  of  Pulcinello  is 
said  to  have  been  found  in  the  stucco  painting  of 
Pompeii,  in  the  old  country  of  the  Atellanae.7  On 
this  subject  Lady  Morgan8  speaks  as  follows :  "  The 
Pulcinello  of  Italy  is  not  like  the  Polichinel  of  Paris, 
or  the  Punch  of  England  ;  but  a  particular  charac- 
ter of  low  comedy  peculiar  to  Naples,  as  Pantalone 
ts  of  Venice,  II  Dottore  of  Bologna.  Their  name 
of  Maschere  comes  from  their  wearing  masks  on 
the  upper  part  of  their  faces.  They  are  the  remains 
of  the  Greek  and  Latin  theatres,  and  are  devoted  to 
the  depicting  of  national,  or,  rather,  provincial  ab- 

1  (Dig.  47,  tit.  11,  s.  5.)— 2.  (Dig.  48,  tit.  19,  s.  28,  <)  7.)— 3. 
(Vid.  Buckh,  Corp.  Inscript.,  i.,  p.  725.) — 4.  (Vid.  Demosth.,  c. 
I.ept.,  $  105,  Wolf.— BiSckh.  Corp.  Inscript.,  i.,  p.  122.)— 5.  (De- 
jiosth.  c  Neser.,  p.  1353,  23.)— 6.  (Saturn.,  lib.  iii.)— 7.  (Schle- 
gel  on  Drain.  Lit.,  lect.  vi\\.) — 8.  (Italy,  r.  24.) 
lis* 


surdities  and  peculiarities."  Again,  at  Cologne  oi 
Koln,  famous  for  its  connexion  with  the  Romans, 
there  still  exists  a  puppet  theatre  (Puppen  Theater), 
where  droll  farces  are  performed  by  dolls,  and  the 
dialogue,  spoken  in  the  patois  or  dialect  of  the  coun 
try,  and  full  of  satirical  local  allusions,  is  carried  on 
by  persons  concealed.1 

These  Atellane  plays  were  not  prcetextatce,  i.  r » 
comedies  in  which  magistrates  and  persons  of  rank 
were  introduced  ;  nor  tabernarice,  the  character*  in 
which  were  taken  from  low  life :  "  they  rather  seem 
to  have  been  a  union  of  high  comedy  and  its  paro- 
dy." They  were  also  distinguished  from  the  mimes 
by  the  absence  of  low  buffoonery  and  ribaldry,  being 
remarkable  for  a  refined  humour,  such  as  could  be 
understood  and  appreciated  by  educated  p'  ople. 
Thus  Cicero2  reproaches  one  of  his  correspondents 
for  a  coarseness  in  his  joking,  more  like  the  ribaldry 
of  the  mimes  than  the  humour  of  the  Atellane  fa- 
bles, which  in  former  times  were  the  afterpiece  in 
dramatic  representations  (secundum  (Enomaum  Alli- 
cum,  non  ut  olim  solebat  Atellanum,  sed  ut  nunc  fit, 
mimum  introduxisti).  This  statement  of  Cicero 
agrees  with  a  remark  of  Valerius  Maximus,3  that 
these  plays  were  tempered  with  an  Italian  severity 
of  taste  ;  and  Donatus  also*  says  of  them,  that  they 
were  remarkable  for  their  antique  elegance,  i.  e.,  not 
of  language,  but  of  style  and  character.  This  sug- 
gests an  explanation  of  the  fact  that  Atellanae  were 
not  performed  by  regular  actors  (histriones),  but  by 
Roman  citizens  of  noble  birth,  who  were  not  on 
that  account  subjected  to  any  degradation,  but  re- 
tained  their  rights  as  citizens,  and  might  serve  in 
the  army.5  This  was  not  the  case  with  other  act- 
ors, so  that  the  profession  was  confined  to  foreign- 
ers or  freedmen.  Niebuhr,  however,  is  of  opinion, 
that  all  the  three  kinds  of  the  Roman  national  dra- 
ma, and  not  the  Atellanae  only,  might  be  represent- 
ed by  well-born  Romans,  without  the  risking  of  their 
franchise.6 

The  Oscan  or  Opican  language,  in  which  these 
plays  were  written,  was  spread  over  all  the  south 
of  Italy  ;  and  as  some  inscriptions  in  it  are  intelli- 
gible to  us,  we  cannot  wonder  that  plays  written  in 
Oscan  were  understood  by  the  more  educated  Ro- 
mans. One  peculiarity  of  it  was  the  use  of  p  for 
qu  :  thus,  pid  for  quid.7 

However,  in  one  part  of  these  plays,  called  the 
canticum*  the  Latin  language,  and  sometimes  the 
Greek,9  was  used.  Thus  we  are  told10  that  one  of 
these  cantica  opened  with  the  words  Venit  Io  simius 
a  villa,  "The  baboon  is  come  from  his  country- 
house  ;"  and  as  Galba  was  entering  Rome  at  the 
time,  the  audience  caught  up  the  burden  of  the 
song,  joining  in  chorus.  It  might  be  thought  that 
this  is  true  only  of  the  time  of  the  emperors  ;  but 
we  find  that,  even  before  then,  the  Latin  language 
was  used,  as  in  the  instances  given  below,  and  that, 
too,  in  other  parts  besides  the  canticum.  In  con- 
nexion with  this,  it  may  be  remarked,  that,  like  ev- 
erything else  at  Rome,  the  Atellanae  degenerated 
under  the  emperors,  so  as  to  become  more  like  the 
mimes,  till  they  were  at  last  acted  by  common 
players. 

They  were  written  in  verse,  chiefly  iambic,  with 
many  trisyllabic  feet.  Lucius  Sulla,  the  dictator,  is 
believed  to  have  written  plays  of  this  sort  from  a 
statement  in  Athenaeus,11  that  he  wrote  satirical 
comedies  in  his  native,  i.  e.,the  Campanian  dialect.11 
Quintus  Novius,  who  flourished  about  fifty  Years  af- 

1.  (Murray's  Handbook.)— 2.  (ad  Fam.,  ix.,  16.)— a  (ii.,  1.) 
4.  (Vita  Terent.) — 5.  (Liv.,  vii.,  2.) — 6.  (Hist.  Rom.,  vol.  i.,  p 
520,  transl.) — 7.  (Nieb.,  Hist.  Rom.,  vol.  i.,  p.  68.) — 8.  (Herm., 
Opusc,  i.,  295,  De  Fabula  Togata.)— 9.  (Suet.,  Nero,  c.  39.)- 
10.  (Suet.,  Galba,  c.  13.)  — 11.  (vi.,  p.  261.)  — 12.  (ZaTvpixai 
Kwyiy&iai  Tfj  irarpiip  <pm>jj :  Herm.,  Opusc.,  v.,  De  Fab   T«»  x 


ATHERINA. 


ATHLETJ3. 


ter  Sulla's  abdication,  is  said  to  have  written  about 
fifty  Atellane  plays ;  the  names  of  some  of  these 
have  come  down  to  us,  as  Macchus  Exul,  or  "Mac- 
chus  in  Exile ;"  Gallinaria,  or  the  "  Poulterer  ;" 
Vindemia  tores,  "  the  Vintagers ;"  Surdus,  the  "Deaf- 
man  ;"  l'arcus,  the  "Thrifty-man  ;"  from  this  play 
has  been  preserved  the  line,  "  Quod  magnopere  qua- 
sivcrunt  idfrunisci  non  queunt,  Qui  non  parsit,  apud 
se  frunitus  est."     Fruniscor  is  the  same  as  fruor.1 

Lucius  Pomponius,  of  Bononia,  who  lived  about 
13.0.  90,  wrote  Macchus  Miles,  the  Pseudo-Agamem- 
non, the  Bucco  Adoptatus,  the  JEditumus  or  Sacris- 
tan, &c.  In  the  last  the  following  verse  occurred  : 
"  Qui  postquam  tibi  appareo,  atquc  cedilumor  in  templo 
tuo."  Appareo  here  means  "  to  attend  upon."  The 
Macchus  was  a  common  character  in  these  plays, 
probably  a  sort  of  clown  ;  the  Bucco  or  Babbler  was 
another.2  These  plays  subsequently  fell  into  neg- 
lect, but  were  revived  by  a  certain  Mummius,  men- 
tioned by  Macrobius,  who  does  not,  however,  state 
the  time  of  the  revival. 

Subjoined  is  a  specimen  of  Oscan,  part  of  an  in- 
scription found  at  Bantia,  in  Lucania,  with  the  Latin 
interpretation  written  underneath : 

"  In  svae  pis  ionc  fortis  meddis  moltaum  herest 
Et  si  quis  eum  fortis  magislratus  multare  volet, 
Ampert  mistreis  alteis  eituas  moltas  moltaum  li- 

citud 
Una  cum  magislris  altis  cerarii  mulla  multare  licitoy 

Herest  is  supposed  to  be  connected  with  xatPWEh 
meddis  with  piduv,  ampert  with  afitynzepi. 

For  additional  specimens  of  Oscan,  the  reader  is 
referred  to  Grotefend's  Rudimenta  Lingua  Osca, 
from  which  is  taken  the  example  given  above,  and 
also  the  interpretation  of  it.  The  fragments  of  Pom- 
ponius have  been  collected  and  edited  by  Munk. 

ATHEN^ETJM,  a  school  (ludus)  founded  by  the 
Emperor  Hadrian  at  Rome,  for  the  promotion  of 
literary  and  scientific  studies  {ingenuarum  artium3), 
and  called  Athenaeum  from  the  town  of  Athens, 
which  was  still  regarded  as  the  seat  of  intellectual 
refinement.4  The  Athenaeum  appears  to  have  been 
situated  in  the  Capitol.5  It  was  a  kind  of  universi- 
ty ;  and  a  staff  of  professors,  for  the  various  branch- 
es of  study,  was  regularly  engaged.  Under  Theo- 
dosius  II.,  for  example,  there  were  three  orators, 
ten  grammarians,  five  sophists,  one  philosopher,  two 
lawyers  or  jurisconsults.6  Besides  the  instruction 
given  by  these  magistri,  poets,  orators,  and  critics 
were  accustomed  to  recite  their  compositions  there, 
and  these  prelections  were  sometimes  honoured 
with  the  presence  of  the  emperors  themselves.7 
There  were  other  places  where  such  recitations 
were  made,  as  the  Library  of  Trajan  (vid.  Bibli- 
otheca)  ;  sometimes,  also,  a  room  was  hired,  and 
made  into  an  auditorium,  seats  erected,  &c.  {Vid. 
Auditorium.)  The  Athenaeum  seems  to  have  con- 
tinued in  high  repute  till  the  fifth  century.  Little  is 
known  of  the  details  of  study  or  discipline  in  the 
Athenaeum,  but  in  a  constitution  of  the  year  370,8 
there  are  seme  regulations  respecting  students  in 
Rome,  from  which  it  would  appear  that  it  must  have 
been  a  very  extensive  and  important  institution. 
And  this  is  confirmed  by  other  statements  contained 
in  some  of  the  Fathers  and  other  ancient  authors, 
from  which  we  learn  that  young  men  from  all  parts, 
after  finishing  their  usual  school  and  college  studies 
in  their  own  town  or  province,  used  to  resort  to 
Rome,  as  a  sort  of  higher  university,  for  the  pur- 
pose of  completing  their  education. 

♦ATHERI'NA  {atteplvn),  a  species  of  small  fish, 
supposed  to  be  the  Athcrina  Hepsetus,  L.,  but  uncer- 

1.  (Aulus  Gellius,  xvii.,  2.)— 2.  (Facciolati,  s.  v.  Bucco  and 
Macchus.) — 3.  (Aurelius  Victor,  c.  14,  2.)— 4.  (Dion,  lxxiii.,  p. 
8*8,  E.)— 5.  (Cod.  xi.,  tit.  18.)— 6.  (Dion,  lxxiii.,  p.  838,  E.)— 
7    (Laniprid.,  Alex.,  c.  35.) — 8.  (Cod.  Theodos.,  xiv.,  p,  9,  t>  1  ) 


tain.  Pennant  says  it  is  common  on  the  coast  of 
Southampton,  where  it  is  called  a  smelt.  It  is  about 
four  inches  long.  The  Atherina  is  mertioned  by 
Aristotle  and  Oppian.1 

ATHLE'TiE  (adXnrai,  udXnr^pec)  were  persons 
who  contended  in  the  public  games  of  the  Greeks 
and  Romans  for  the  prizes  (dd'Aa,  whence  the  name 
of  ddXnrai),  which  were  given  to  those  who  con 
quered  in  contests  of  agility  and  strength.  This 
name  was,  in  the  later  period  of  Grecian  history 
and  among  the  Romans,  properly  confined  to  those 
persons  who  entirely  devoted  themselves  to  a  course 
of  training  which  might  fit  them  to  excel  in  such 
contests,  and  who,  in  fact,  made  athletic  exercises 
their  profession.  The  athletae  differed,  therefore, 
from  the  agonistae  (dyuv  carat),  who  only  pursued 
gymnastic  exercises  for  the  sake  of  improving  their 
health  and  bodily  strength,  and  who,  though  they 
sometimes  contended  for  the  prizes  in  the  public 
games,  did  not  devote  their  whole  lives,  like  the 
athletae,  to  preparing  for  these  contests.  In  early 
times  there  does  not  appear  to  have  been  any  dis- 
tinction between  the  athletae  and  agonistae  ;  since 
we  find  that  many  individuals,  who  obtained  prizes 
at  the  great  national  games  of  the  Greeks,  were 
persons  of  considerable  political  importance,  who 
were  never  considered  to  pursue  athletic  exercises 
as  a  profession.  Thus  we  read  that  Phayllus  of 
Crotona,  who  had  thrice  conquered  in  the  Pythian 
games,  commanded  a  vessel  at  the  battle  of  Sala- 
mis  ;a  and  that  Dorieus  of  Rhodes,  who  had  ob- 
tained the  prize  in  all  of  the  four  great  festivals,  was 
celebrated  in  Greece  for  his  opposition  to  the  Athe- 
nians.3 But  as  the  individuals  who  obtained  the 
prizes  in  these  games  received  great  honours  ami 
rewards,  not  only  from  their  fellow-citizens,  but  also 
from  foreign  states,  those  persons  who  intended  to 
contend  for  the  prizes  made  extraordinary  efforts  to 
prepare  themselves  for  the  contest ;  and  it  was 
soon  found  that,  unless  they  subjected  themselves 
to  a  severer  course  of  training  than  was  afforded  by 
the  ordinary  exercises  of  the  gymnasia,  they  would 
not  have  any  chance  of  gaining  the  victory.  Thus 
arose  a  class  of  individuals,  to  whom  the  term  ath- 
letae was  appropriated,  and  who  became,  in  course 
of  time,  the  only  persons  who  contended  in  the  pub- 
lic games. 

Athletae  were  first  introduced  at  Rome  B.C.  186. 
in  the  games  exhibited  by  Marcus  Fulvius,  on  the 
conclusion  of  the  JEtolian  war.*  Paullus  ^Emilius. 
after  the  conquest  of  Perseus,  B.C.  167,  is  said  to 
have  exhibited  games  at  Amphipolis,  in  which  ath- 
letae contended.5  A  certamen  athletarum*  was  also 
exhibited  by  Scaurus  in  B.C.  59  ;  and  among  the 
various  games  with  which  Julius  Caesar  gratified 
the  people,  we  read  of  a  contest  of  athletae  which 
lasted  for  three  days,  and  which  was  exhibited  in  a 
temporary  stadium  in  the  Campus  Martius.7  Un- 
der the  Roman  emperors,  and  especially  under 
Nero,  who  was  passionately  fond  of  the  Grecian 
games,8  the  number  of  athletae  increased  greatly  in 
Italy,  Greece,  and  Asia  Minor ;  and  many  inscrip- 
tions respecting  them  have  come  down  to  us,  which 
show  that  professional  athletae  were  very  numer- 
ous, and  that  they  enjoyed  several  privileges.  They 
formed  at  Rome  a  kind  of  corporation,  and  possess- 
ed a  tabularium  and  a  common  hall — curia  athleta- 
rum,9  in  which  they  were  accustomed  to  deliberate 
on  all  matters  which  had  a  reference  to  the  inter- 
ests of  the  body.  We  find  that  they  were  called 
Herculanei,  and  also  xystici,  because  they  were  ac- 

1.  (Aristot.,  II.  A.,  vi.,  17  ;  fat,  2.— Oppian,  Hal.,  i.— Adama, 
Append.,  s.  v.)— 2.  (Herod.,  viii.,  47.— Paus.,  x.,  9,  $  1.)  — 3 
(Paus.,  vi.,  7,  t>  1,2.) — 4.  (Liv.,  xxxix.,  22.)— 5.  (I.iv.,  xlv.,  32  ) 
—6.  (Val.  Max.,  ii.,  4,  t>  7.)— 7.  (Suet.,  Ju},  39.)— 8.  (Tacit. 
Ann.,  xiv.,  20.)— 9.  (Orelli,  Inscrip.,  2568.) 

in 


VTHLETiE. 


ATIMIA. 


customed  to  exercise,  in  winter,  in  a  covered  place 
called  xystus  ;l  and  that  they  had  a  president,  who 
was  called  xystarchus,  and  also  dpxtepevc. 

Those  athletae  who  conquered  in  any  of  the  great 
national  festivals  of  the  Greeks  were  called  hieron- 
ica  (lepoviKai),  and  received,  as  has  been  already 
remarked,  the  greatest  honours  and  rewards.  Such 
a  conqueror  was  considered  to  confer  honour  upon 
the  state  to  which  he  belonged ;  he  entered  his  na- 
tive city  in  triumph,  through  a  breach  made  in  the 
walls  for  his  reception,  to  intimate,  says  Plutarch, 
'hat  the  state  which  possessed  such  a  citizen  had 
no  occasion  for  walls.2  He  usually  passed  through 
the  walls  in  a  chariot  drawn  by  four  white  horses, 
and  went  along  the  principal  street  of  the  city  to 
the  temple  of  the  guardian  deity  of  the  state,  where 
hymns  of  victory  were  sung.  Those  games,  which 
gave  the  conquerors  the  right  of  such  an  entrance 
into  the  city,  were  called  isclastici  (from  eiaeXav- 
vecv).  This  term  was  originally  confined  to  the 
four  great  Grecian  festivals,  the  Olympian,  Isth- 
mian, Nemean,  and  Pythian  ;  but  was  afterward 
applied  to  other  public  games,  as,  for  instance,  to 
those  instituted  in  Asia  Minor.3  In  the  Greek 
states,  the  victors  in  these  games  not  only  obtained 
the  greatest  glory  and  respect,  but  also  substantial 
rewards.  They  were  generally  relieved  from  the 
payment  of  taxes,  and  also  enjoyed  the  first  seat 
(Trpoedpla)  in  all  public  games  and  spectacles. 
Their  statues  were  frequently  erected  at  the  cost 
of  the  state,  in  the  most  frequented  part  of  the  city, 
as  the  market-place,  the  gymnasia,  and  the  neigh- 
bourhood of  the  temples.4  At  Athens,  according 
to  a  law  of  Solon,  the  conquerors  in  the  Olympic 
games  were  rewarded  with  a  prize  of  500  drachmae  ; 
and  the  conquerors  in  the  Pythian,  Nemean,  and 
Isthmian,  with  one  of  100  drachmae  ;5  and  at  Sparta 
they  had  the  privilege  of  fighting  near  the  person 
of  tho  king.8  The  privileges  of  the  athletae  were 
preserved  and  increased  by  Augustus  ;7  and  the  fol- 
lowing emperors  appear  to  have  always  treated 
them  with  considerable  favour.  Those  who  con- 
quered in  the  games  called  iselastici  received,  in  the 
time  of  Trajan,  a  sum  from  the  state,  termed  opso- 
nia*  By  a  rescript  of  Diocletian  and  Maximian, 
those  athletae  who  had  obtained  in  the  sacred  games 
(sacri  certaminis,  by  which  is  probably  meant  the 
iselastici  ludi)  not  less  than  three  crowns,  and  had 
not  bribed  their  antagonists  to  give  them  the  victo- 
ry, enjoyed  immunity  from  all  taxes.9 

The  term  athletae,  though  sometimes  applied  met- 
aphorically to  other  combatants,  was  properly  lim- 
ited to  those  who  contended  for  the  prize  in  the  five 
following  contests :  1.  Running  (dpo/ioc,  cursus), 
which  was  divided  into  four  different  contests, 
namely,  the  aradtodponog,  in  which  the  race  was  the 
length  of  the  stadium ;  the  dtavlodpofioc ,  in  which 
the  stadium  was  traversed  twice  ;  the  dolixodpo/ioc, 
which  consisted  of  several  lengths  of  the  stadium, 
but  the  number  of  which  is  uncertain ;  and  the 
o-rrTiLroopofiog,  in  which  the  runners  wore  armour. 
2.  Wrestling  (ira^n,  lucla).  3.  Boxing  (nyy/ur},  pu- 
gilatus).  4.  The  pentathlum  {irivradlov),  or,  as  the 
Romans  called  it,  quinquertium.  5.  The  pancratium 
(TayKpdriov).  Of  all  these  an  account  is  given  in 
separate  articles.  These  contests  were  divided  into 
two  kinds :  the  severe  {ftapea,  (Sapvrepa)  and  the 
light  (Kovfa,  KovQorepa).  Under  the  former  were 
included  wrestling,  boxing,  and  the  exercises  of  the 
pancratium,  which  consisted  of  wrestling  and  box- 
ing combined,  and  was  also  called  pammachion.10 

1  (Vitruv.,  vi„  10.)— 2.  (Suet.,  Ner.,  25.— Plutarch,  Symp., 
i"  ,  5,  t  2.)— 3.  (Pliu.,  Ep  ,  119,  120.)— 4.  (Paus.,  vi.,  13,  t>  1  ; 
lii„  IT,  t>  3.)  — 5.  (Diojr.  Luert.,  i.,  55.  — Plut.,  Sol.,  23.)  — 6. 
|Plut„  Lye,  22,)—  7,  (Suet..  Octav.,  45.)— 8.  (Plin.,  Ep..  119, 
120.—  Compare  Vitruv.,  ix.,  Praf.)  —  9.  (Cod.  x.,  tit.  53.)  —  10. 
<Tla\o,  Euthvd,,  c,  3,  p.  2~L — Pollux,  Onom..  viiL,  4.) 

I  iw 


Great  attention  was  paid  to  the  training  of  th« 
athletae.  They  were  generally  trained  in  the  na- 
laZorpaL,  which,  in  the  Grecian  states,  were  dis- 
tinct places  from  the  gymnasia,  though  they  have 
been  frequently  confounded  by  modern  writers. 
Thus  Pausanias  informs  us,1  that  near  the  gymna- 
sium at  Olympia  there  were  palaestrae  for  the  ath- 
letae ;  and  Plutarch  expressly  says2  that  the  place 
in  which  the  athletae  exercise  is  called  a  palaes- 
tra.3 Their  exercises  were  superintended  by  the 
gymnasiarch  (yvfivaaidpxnc),  and  their  diet  was  reg- 
ulated by  the  aliptes  (dietTrrtjc).  (Vid.  Aliptes.) 
According  to  Pausanias,*  the  athlete  did  not  an- 
ciently eat  meat,  but  principally  lived  upon  fresh 
cheese  ;5  and  Diogenes  Laertius6  informs  us  that 
their  original  diet  consisted  of  dried  figs,7  moist  or 
new  cheese,8  and  wheat.9  The  eating  of  meat  by 
the  athletae  is  said,  according  to  some  writers,10  to 
have  been  first  introduced  by  Dromeus  of  Stympha- 
lus,  in  Arcadia ;  and,  according  to  others,  by  the 
philosopher  Pythagoras,  or  by  an  aliptes  of  that 
name.11  According  to  Galen,12  the  athletae,  who 
practised  the  severe  exercises,13  ate  pork  and  a  par- 
ticular kind  of  bread ;  and  from  a  remark  of  Di- 
ogenes the  Cynic,14  it  would  appear  that  in  his  time 
beef  and  pork  formed  the  ordinary  diet  of  the  athle- 
tae. Beef  is  also  mentioned  by  Plato15  as  the  food 
of  the  athletae  ;  and  a  writer  quoted  by  Athenaeus1* 
relates,  that  a  Theban  who  lived  upon  goats'  flesh 
became  so  strong  that  he  was  enabled  to  overcome 
all  the  athletae  of  his  time.  At  the  end  of  the  exer- 
cises of  each  day,  the  athletae  were  obliged  to  take 
a  certain  quantity  of  food,  which  was  usually  called 
dvaynotyayia  and  uvaynoTpcxpia,  or  /3catoc  rpotyr)  ;17 
after  which,  they  were  accustomed  to  take  a  long 
sleep.  The  quantity  of  animal  food  which  some 
celebrated  athletae,  such  as  Milo,  Theagenes,  and 
Astydamas,  are  said  to  have  eaten,  appears  to  ua 
quite  incredible.18  The  food  which  they  ate  was 
usually  dry,  and  is  called  by  Juvenal19  coliphia,  on  the 
meaning  of  which  word  see  Ruperti,  ad  loc. 

The  athletae  were  anointed  with  oil  by  the  aliptae 
previously  to  entering  the  palaestra  and  contending 
in  the  public  games,  and  were  accustomed  to  con- 
tend naked.  In  the  description  of  the  games  given 
in  the  twenty-third  book  of  the  Iliad,20  the  combat- 
ants are  said  to  have  worn  a  girdle  about  their  loins  ; 
and  the  same  practice,  as  we  learn  from  Thucyd- 
ides,21  anciently  prevailed  at  the  Olympic  games, 
but  was  discontinued  afterward. 

For  farther  information  on  the  athletae,  the  reader 
is  referred  to  the  articles  Isthmian,  Nemean,  Olym- 
pian, and  Pythian  Games  ;  and  to  Krause's  Thea- 
genes, oder  wissensch.  Darstellung  der  Gymnastik, 
Agonistik,  und  Festspicle  der  Hcllenen  (Halle,  1835) ; 
and  Olympia,  oder  Darstellung  der  grossen  Olym- 
pischen  Spicle  (Vienna,  1838). 

ATHLOTH'ET^E.     (Vid.  Agonothet^:,  Hella- 

NODIC^E.) 

ATFLIA  LEX.     (Vid.  Tutor.) 

ATFMIA  (uTt/nia),  or  the  forfeiture  of  a  man's 
civil  rights.  It  was  either  total  or  partial.  A  man 
was  totally  deprived  of  his  rights,  both  for  himself 
and  for  his  descendants,28  when  he  was  convicted 
of  murder,  theft,  false  witness,  partiality  as  arbiter, 
violence  offered  to  a  magistrate,  and  so  forth.  This 
highest  degree  of  drifiia  excluded  the  person  affect- 
ed by  it  from  the  forum,  and  from  all  public  assem- 


1.  (vi.,  21,  $  2.) — 2.  (Symp..  ii.,  Queest.  4.)-  3.  (rbv  ovv  roirov 
iv  <3  yviivdtyOVTai  iravrei  o't  aOXrjrai,  T:a\aiarpnv  KaXovoi). — 4. 
(vi.J  7,  ^  3.) — 5.  (rvpov  Ik  tujv  raXapwv.) — 6.  (viii.,  12, 13.) — 7. 
((ff%aci  \r)paig.)— 8.  (rupo??  uypoTj.) — 9.  (irupols.)— 10.  (Paus., 
1.  c.)— 11.  (Diog.  Laert.,  1.  c.)— 12.  (De  Val.  Tuend.,  iii.,  1.)- 
13.  ({Saptis  adXrirai.)— 14.  (Diog.  Laert.,  vi.,  49.)— 15.  (De  Rep., 
i.,  12,  p.  338.)— 16.  (viii.,  14,  p.  402,  c,  d  )— 17.  (Arist.,  Polit., 
viii.,  4.)— 18.  (Athenaeus,  x.,  1,2,  p.  412,  413.)— 19.  (ii.,  53.*— 
20.  (1.  685,  710.)—  21.  (i.,  6.)— 22.  {KaQdna\  arijxos :  Demoith., 
Mid.,  c.  10.) 


ATRAC  TYLIS. 


ATRAMENTUM. 


blies ;  from  the  public  sacrifices,  Lnd  from  the  law 
courts  ;  or  rendered  him  liable  to  immediate  impris- 
onment if  he  was  found  in  any  of  these  places.  It 
was  either  temporary  or  perpetual ;  and  either  ac- 
companied or  not  with  confiscation  of  property. 
Partial  farqria  only  involved  the  forfeiture  of  some 
few  rights,  as,  for  instance,  the  right  of  pleading  in 
court.  Public  debtors  were  suspended  from  their 
civic  functions  till  they  discharged  their  debt  to  the 
gtate.  People  who  had  once  become  altogether 
urcuoi  were  very  seldom  restored  to  their  lost  priv- 
ileges. There  is  a  locus  classicus  on  the  subject  of 
uTCfila  in  Andocides.1  The  converse  term  to  urtfiia 
was  tTTtTifila. 

YTI'NIA  LEX.     (Vid.  Usucapio.) 

ATLANTES  {uTUvrec),  also  called  Tclamones. 
Both  these  words  are  used,  in  a  general  sense,  to 
signify  anything  which  supports  a  burden,  whether 
a  man,  an  animal,  or  an  inanimate  object ;  but  in 
architectural  language  they  were  specifically  ap- 
plied to  designate  those  muscular  figures  which  are 
sometimes  fancifully  used  instead  of  modillions  to 
support  the  corona,  or  upper  member  of  a  cornice  : 
"  Nostri  Telamones,  Greed  vero  hos  Atlantes  vocant," 
says  Vitruvius  2  The  fable  of  Atlas,  who  bore  the 
globe  upon  his  shoulders,  and  of  whom  Homer  says, 

'Exei  6e  ts  klovuc  avrbg 
(iclkoc.;,  at  yaldv  re  Kai  ovpavbv  a/ufic  exovoi,3 

supplied  an  historical  derivation  for  the  name.  They 
were  distinguished  from  Caryatides,  which  are  al- 
ways represented  as  female  figures  in  an  erect  po- 
sition. 

They  were  also  applied  as  ornaments  to  the  sides 
of  a  vessel,  having  the  appearance  of  supporting 
the  oars ;  as  in  the  ship  of  Hiero,  described  by 
Athenaeus,*  in  which  instance  he  represents  them 
as  being  six  cubits  in  height,  and  sustaining  the 
triglyphs  and  cornice. 

Hence,  too,  the  term  came  to  be  used  in  irony 
(tear'  uvridacuv),  to  ridicule  a  person  of  veiy  dimin- 
utive or  deformed  stature. 

"  Nanum  cujusdam  Atlanta  vocamus : 
iEthiopem  eyenum  ;  pravam  extortamque  puellam 
Europcn,"  &c.5 


A  representation  of  these  figures  is  given  in  the 
•receding  woodcut,  copied  from  the  tcpidarium  in 
fee  baths  at  Pompeii.  They  are  placed  round  the 
•ides  of  the  chamber,  and  support  a  cornice,  upon 
which  the  vaulting  of  the  roof  rests,  thus  dividing 
the  whole  extent  of  the  walls  into  a  number  of 
*mall  compartments,  the  uses  of  which  are  explained 
in  the  description  of  tcpidarium  in  the  article  Baths. 

♦ATRAC'TYLIS  (aTpaK-vlic ),  a  species  of  thistle, 
railed  by  some  the  Distaff-Thistle,  from  its  resem- 

1.  (De  Myst.,  c.  73,  76,  p.  35.)— 2.  (Vitro*-  vi.,  10.)— 3.  (Od., 
i.,  53.)^.  (v.,  42.)— 5.  (Juv.,  Sat.,  viii..  32.) 

Q 


blance  to  a  distaff  (arpaKToc),  for  which  its  stalk 
was  often  employed.  It  is  not  improbable,  as  Au- 
ams  thinks,  that  it  was  applied  to  several  sorts  of 
thistles,  a  tribe  still  very  difficult  to  classify  and 
distinguish.  Ruellius  and  Hermolaus  make  it  out 
to  be  the  Cnicus  sylvestris,  but  this  opinion  is  re- 
jected by  Matthiolus ;  and  that  of  Fuchsius,  who 
held  it  to  be  the  Carduus  Bencdictus,  does  not  seem 
less  objectionable.  Sprengel,  in  the  first  edition  of 
his  R.  H.  H.,  inclines  to  the  Carthamus  Canatus, 
and  in  the  second  to  the  C.  Creticus ;  but  in  his 
edition  of  Dioscorides  he  proposes  the  Carlina  lan~ 
ata,  L.  Stackhouse  hesitates  about  the  Atractylif 
gummifcra.  The  modern  name  in  use  among  the 
Greeks  is  urpuK rvkt  or  oravpuynadi.  Sibthorp  found 
it  in  Southern  Greece.1 

ATRAMEN'TUM,  a  term  applicable  to  any  black 
colouring  substance,  for  whatever  purpose  it  may 
be  used,2  like  the  fielav  of  the  Greeks.3  Thert 
were,  however,  three  principal  kinds  of  atramen- 
tum  :  one  called  librarium  or  scriptorium  (in  Grerk, 
ypa^LKov  /xeAav),  another  called  sutorium,  the  third 
tectorium.  Atramentum  librarium  was  what  we  call 
writing-ink.*  Atramentum  sutorium  was  used  by 
shoemakers  for  dyeing  leather.5  This  atramentum 
sutorium  contained  some  poisonous  ingredient,  such 
as  oil  of  vitriol ;  whence  a  person  is  said  to  die 
of  atramentum  sutorium,  that  is,  of  poison,  as  in 
Cicero.6  Atramentum  tectorium  or  pictorium  was 
used  by  painters  for  some  purposes,  apparently7  as 
a  sort  of  varnish.  The  scholiast  on  Aristophanes8 
says  that  the  courts  of  justice,  or  dtKaar^pia,  in 
Athens  were  called  each  after  some  letter  of  the  al- 
phabet :  one  alpha,  another  beta,  a  third  gamma, 
and  so  on,  and  that  against  the  doors  of  each  diKao- 
rripiov,  the  letter  which  belonged  to  it  was  written 
nvpfiu  ftdfifiaTi,  in  "  red  ink."  This  "  red  ink,"  or 
"  red  dye,"  could  not,  of  course,  be  called  atramen- 
tum. Of  the  ink  of  the  Greeks,  however,  nothing 
certain  is  known,  except  what  may  be  gathered 
from  the  passage  of  Demosthenes  above  referred  to, 
which  will  be  noticed  again  below.  The  ink  of  the 
Egyptians  was  evidently  of  a  very  superior  kind, 
since  its  colour  and  brightness  remain  to  this  day  in 
some  specimens  of  papyri.9  The  initial  charac- 
ters of  the  pages  are  often  written  in  red  ink.10 
Ink  among  the  Romans  is  first  found  mentioned  in 
the  passages  of  Cicero  and  Plautus  above  referred 
to.  Pliny  informs  us  how  it  was  made.  He  says, 
"  It  was  made  of  soot  in  various  ways,  with  burned 
resin  or  pitch  :  and  for  this  purpose,"  he  adds, 
"  they  have  built  furnaces,  which  do  not  allow  the 
smoke  to  escape.  The  kind  most  commended  is 
made  in  this  way  from  pine-wood :  It  is  mixed 
with  soot  from  the  furnaces  or  baths  (that  is,  the 
hypocausts  of  the  baths:  vid.  Bath)  ;  and  this  they 
use  ad  volumina  scribenda.  Some  also  make  a  kind 
of  ink  by  boiling  and  straining  the  lees  of  wine," 
&c.  With  this  account  the  statements  of  Vitruvi- 
us11 in  the  main  agree.  The  black  matter  emitted 
by  the  cuttlefish  (sepia),  and  hence  itself  called 
sepia,  was  also  used  for  atramentum.19  Aristotle, 
however,  in  treating  of  the  cuttlefish,13  does  not  re- 
fer to  the  use  of  the  matter  (Soloe )  which  it  emits,  as 
ink.1*  Pliny  observes15  that  an  infusion  of  worm- 
wood with  ink  preserves  a  manuscript  from  mice." 


ATRAMENTUM. 


ATEL.UM. 


On  the  whole,  perhaps,  it  may  be  said  that  the;  inks  of 
the  ancients  were  more  durable  than  our  own  ;  that 
they  were  thicker  and  more  unctuous,  in  substance 
and  durability  more  resembling  the  ink  now  used  by 
printers.  An  inkstand  was  discovered  at  Hercula- 
neum,  containing  ink  as  thick  as  oil,  and  still  usa- 
ble for  writing.1 

It  would  appear,  also,  that  this  gummy  character 
of  the  ink,  preventing  it  from  running  to  the  point 
of  the  pen,  was  as  much  complained  of  by  the  an- 
cient Romans  as  it  is  by  ourselves.  Persius8  rep- 
resents a  foppish  writer  sitting  down  to  compose  ; 
but,  as  the  ideas  do  not  run  freely, 

*'  Tunc  queritur,  crassus  calamo  quod  pendeat  humor; 
Nigra  quod  infusa  vanescat  sepia  lympha." 

They  also  added  water,  as  we  do  sometimes,  to 
thin  it.  Mr.  Lane3  remarks  that  the  ink  of  the 
modern  Egyptians  "  is  very  thick  and  gummy." 

From  a  phrase  used  by  Demosthenes,  it  would 
appear  as  if  the  colouring  ingredient  was  obtained 
by  rubbing  from  some  solid  substance,  perhaps  much 
as  we  rub  Indian  ink.  Demosthenes*  is  reproach- 
ing iEschines  with  his  low  origin,  and  says  that, 
"  when  a  youth,  he  was  in  a  state  of  great  want,  as- 
sisted his  father  in  his  school,  rubbed  the  ink  (pre- 
pared the  ink  by  rubbing,  to  fieXav  rptBuv),  washed 
down  the  forms,  and  swept  the  schoolroom,"  &c. 
It  is  probable  that  there  were  many  ways  of  col- 
ouring ink,  especially  of  different  colours.  Red  ink 
(made  of  minium,  vermilion)  was  used  for  writing 
the  titles  and  beginnings  of  books,5  so  also  was  ink 
made  of  rubrica,  "  red  ochre  ;"6  and  because  the 
headings  of  laws  were  written  with  rubrica,  the 
word  rubric  came  to  be  used  for  the  civil  law.7  So 
album,  a  white  or  whited  table,  on  which  the  prae- 
tors' edicts  were  written,  was  used  in  a  similar 
way.  A  person  devoting  himself  to  album  and  ru- 
brica was  a  person  devoting  himself  to  the  law. 
{Vid.  Album.)  There  was  also  a  very  expensive 
red-coloured  ink,  with  which  the  emperor  used  to 
write  his  signature,  but  which  any  one  else  was 
by  an  edict9  forbidden  to  use,  excepting  the  sons  or 
near  relatives  of  the  emperor,  to  whom  the  privilege 
was  expressly  granted.  But  if  the  emperor  was 
under  age,  his  guardian  used  a  green  ink  for  writing 
his  signature.9  On  the  banners  of  Crassus  there 
were  purple  letters,  tyoivitcu  ypdpfiaTa.'0  On  pillars 
and  monuments,  letters  of  gold  and  silver,  or  letters 
covered  with  gilt  and  silver,  were  sometimes  used, 
as  appears  from  Cicero11  and  Suetonius.13  In  wri- 
ting, also,  this  was  done  at  a  later  period.  Sueto- 
nius13 says,  that  of  the  poems  which  Nero  recited 
at  Rome,  one  part  was  written  in  gold  (or  gilt)  let- 
ters (aureis  litteris),  and  consecrated  to  Jupiter  Cap- 
itolinus.14  This  kind  of  illuminated  writing  was 
more  practised  afterward  in  religious  compositions, 
which  were  considered  as  worthy  to  be  written  in 
letters  of  gold  (as  we  say  even  now),  and,  there- 
fore, were  actually  written  so.  Something  like  what 
we  call  sympathetic  ink,  which  is  invisible  till  heat, 
or  some  preparation  be  applied,  appears  to  have 
been  not  uncommon.  So  Ovid15  advises  writing 
love-letters  with  fresh  milk,  which  would  be  unread- 
able until  the  letters  were  sprinkled  with  coal-dust : 
"Tuta  quoque  est,  fallitque  oculos  e  lacte  recenti 
Littera:  carbonis  pulvere  tange;  leges."  Ausoni- 
us16  gives  the  same  direction  ("  Lacte  incide  notas; 
arescens  charta  tenebit  Semper  inadspicuas;  pro- 


dentur  scripta  favillis").  Pliny-  suggests  that  tfi« 
milky  sap  contained  in  some  plants  might  be  used 
in  the  same  way.8 

An  inkstand  {atramentarium,  used  only  by  later 
writers ;  in  Greek,  fielavdoxoc3)  was  either  single  or 
double.     The  double  inkstands  were  probably  i*j. 


1.  (Winckelmann,  vol.  ii.,  p.  127.)  — 2.  (Sat.,  iii.,  12.)  — 3. 
(Mod.  Egyptians,  ii.,  p.  288,  smaller  edit.) — 4.  (irepl  2r£0.,  v 
313.)  —  5.  (Ovid,  Trist.,  i.,  1,  7.)  — 6.  (Sidonius,  vii.,  12.)— 7. 
(Quintil.,  xii.,  3.)— 8.  (Cod.  i.,  tit.  23,  s.  6.)— 9.  (Montfaucon, 
Palaeog-.,  p.  3.)— 10.  (Dion,  xl.,  18.)— 11.  (Verr.,  iv.,  27.)— 12. 
(Aug.,  c.  7.)— 13.  (Ner.,  c.  10.)— 14.  (Compare  Plin.,  vii.,  32.) 
—15.  (Art.  Am.,  iii.,  627,  &c.)  — 16.  (Epist.,  xxiii.,  21.) 
122 


tended  to  contain  both  black  and  red  ink,  much  in 
the  modern  fashion.  They  were  also  of  various 
shapes,  as,  for  example,  round  or  hexagonal.  They 
had  covers  to  keep  the  dust  from  the  ink.  The  pre- 
ceding cuts  represent  inkstands  found  at  Pompeii. 

AT'RIUM,  called  avlfi  by  the  Greeks  and  by 
Virgil,*  and  also  jieoavliov,  Ttepiarvkov,  nepioTuov. 

Two  derivations  of  this  word  are  given  by  the 
ancient  writers.     Festus  and  Varro  refer  it  to  the 
same  origin :  Ab  Atria  populis,  a  quibus  atriorum 
exempla  desumpta  fuerunt  ;5  but  Servius,  on  the  con- 
trary,6 derives  the  term  ab  atro,  propter  fumum  qui 
esse  solebat  in  atriis  ;  a  remark  which  explains  the 
allusion  of  Juvenal,7  Fumosos  equitum  cum  dictators 
magistros,  since  it  was  customary  among  the  Ro 
mans  to  preserve  the  statues  of  their  ancestors  ii 
the  atrium,  which  were  blackened  by  the  smoke  o 
the  fires  kept  there  for  the  use  of  the  household. 

Atrium  is  used  in  a  distinctive  as  well  as  collect 
ive  sense,  to  designate  a  particular  part  in  the  pri 
vate  houses  of  the  Romans  {vid.  House),  and  also 
a  class  of  public  buildings,  so  called  from  their  gen- 
eral resemblance  in  construction  to  the  atrium  of  a 
private  house.  There  is  likewise  a  distinction  be- 
tween atrium  and  area ;  the  former  being  an  open 
area  surrounded  by  a  colonnade,  while  the  latter 
had  no  such  ornament  attached  to  it.  The  atrium, 
moreover,  was  sometimes  a  building  by  itself,  re- 
sembling, in  some  respects,  the  open  basilica  {vid. 
Basilica),  but  consisting  of  three  sides.  Such  was 
the  Atrium  Publicum  in  the  Capitol,  which  Livy  in- 
forms us  was  struck  with  lightning  B.C.  21 6. 8  It 
was  at  other  times  attached  to  some  temple  or 
other  edifice,  and  in  such  case  consisted  of  an  open 
area  and  surrounding  portico  in  front  of  the  struc- 
ture, like  that  before  the  Church  of  St.  Peter  in  the 
Vatican. 

Several  of  these  buildings  are  mentioned  by  the 
ancient  historians,  two  of  which  were  dedicated  to 
the  same  goddess,  Libertas ;  and  hence  a  difficulty 
is  sometimes  felt  in  deciding  which  of  the  two  is 
meant  when  the  atrium  Libertatis  is  spoken  of. 
The  most  celebrated,  as  well  as  the  most  ancient, 
was  situated  upon  the  Aventine  Mount.  Of  this 
there  is  no  doubt ;  for  it  is  enumerated  by  Victor, 
in  his  catalogue  of  the  baiTdings  contained  in  the 
xiii.  Regio,  which  comprises  the  Mons  Aventinus, 
on  which  there  was  an  aedes  Libertatis  built  and 
dedicated  by  the  father  of  Gracchus,9  to  which  the 
atrium  was  attached  either  at  the  same  time  or 
shortly  afterward ;  for  Livy  also  states10  that  the 
hostages  from  Tarentum  were  confined  in  airio  Lib- 
ertatis, which  must  refer  to  the  atrium  on  the  Aven- 


ATRIUM 


AITHIS. 


tine,  since  their  escape  was  effected  by  the  coi mo- 
tion of  the  keepers  of  the  temple  (corruptis  adituin 
duobus).  In  thii  atrium  there  was  a  tabularium, 
where  the  legal  tablets  (tabula)  relating  to  the  cen- 
sors were  preserved.1  The  Germanici  milites  were 
also  stationed  at  the  same  spot  in  the  time  of  Gal- 
ba,a  as  is  apparent  from  a  passage  in  Suetonius,3  in 
which  he  says  that  they  arrived  too  late  to  prevent 
the  murder,  which  was  perpetrated  in  the  Forum, 
in  consequence  of  their  having  missed  their  way 
and  gore  round  about.  This  could  not  have  hap- 
pened had  they  come  from  the  other  atrium  Liber- 
tatis,  which  was  close  to  the  Forum  Romanum. 

The  examination  of  slaves,  when  accompanied 
by  the  torture,  also  took  place,  by  a  strange  anomaly, 
in  atrio  Libertatis,*  which  must  also  be  referred,  for 
several  reasons,  to  the  atrium  on  the  Aventine.  In- 
deed, when  the  atrium  Libertatis  is  mentioned  with- 
out any  epithet  to  distinguish  it,  it  may  safely  be 
considered  that  the  more  celebrated  one  upon  the 
Aventine  is  meant.  It  was  repaired,  or,  more  prob- 
ably, rebuilt,  by  Asinius  Pollio,5  who  also  added  to 

m  magnificent  library  (bibliotheca6),  which  explains 
the  allusion  of  Ovid,7 

"  Nee  me,  qua  doctis  patuerunt  prima  libellis, 
Atria  Libertas  tangere  passa  sua  est." 

The  other  atrium  Libertatis  is  noticed  by  Ci- 
rero,8  in  which  place  the  mention  of  the  Basilica 
Paulli  in  conjunction  with  the  word  forum  (ut  forum 
laxaremus  et  usque  ad  atrium  Libertatis  explicaremus), 
has  perplexed  the  commentators,  and  induced  the 
learned  Nardini  to  pronounce  the  passage  inexpli- 
cable.9 He  affirms  that  this  instance  is  the  only 
one  to  be  found,  among  all  the  writers  of  antiquity, 
in  which  mention  is  made  of  an  atrium  Libertatis 
distinct  from  that  on  the  Aventine ;  and  hence  he 
is  inclined  to  think  that  there  was  no  other,  and  to 
alter  the  reading  into  atrium  Minerva,  which  is 
mentioned  by  P.  Victor  as  being  in  this  (the  eighth) 
region.  Bui  in  this  he  was  mistaken,  as  is  made 
evident  by  the  subjoined  fragment  from  a  plan  of 
Rome,  discovered  since  the  time  of  Nardini,  which 
was  executed  upon  a  marble  pavement  during  the 
reigns  of  Septimius  Severus  and  Caracalla,  and  is 
now  preserved  in  the  museum  of  the  Capitol  at 
Rome,  and  termed  la  Pianta  Capitolina.  As  the 
name  is  inscribed  upon  each  of  the  buildings,  no 
doubt  can  be  felt  as  to  their  identity ;  and  the  forum 
to  which  Cicero  alludes  must  be  the  Forum  Caesa- 
ris  l0  for  neither  the  writers  of  the  Regiones,  nor  any 
of  the  ancient  authors,  ever  mention  a  building  of 
this  kind  in  the  Forum  Romanum.  The  Forum  of 
Caesar  was  situated  in  the  rear  of  the  edifices  on 


o  o 
o  o 

■  °..°    0O00OO<30 

o  o  o    o  o  o  o"o  o 


Ooooooo.>0ooo 

ooo    o   o  o  o   o   o   o  o  o 

O    O 

o  o  •' 

BAS  I  L! 


the  east  side  of  the  Roman  Forum;11  so  that  the 
atrium  Libertatis  would  be  exactly  as  represented 
upon  the  plan,  behind  the  Basilica  Mmilia,  an  eleva- 
tion of  which  is  given  in  the  article  Basimca  ;  and, 

1.  (Liv.,  xliii.,  16,  where  the  word  ascenderunt  indicates  that 
the  atrium  on  the  Aventine  is  meant.) — 2.  (Tacit ,  Hist.,  i.,  3.) 
—3.  (Galb..  20.)— 4.  (Cic,  pro  Mil.,  22.)  — 5  (Suet.,  Octav., 
29.)  — 6.  (Plin.,  H.  N.,  vii.,  30;  xxv.,  2.— Ir  dor.,  v.,  4.)— 7. 
(Trist.,  iii.,  1,  71.)— 8.  (Ad  Att.,  iv.,  16.)— 9  ,Rom.  Ant.,  v.,  9.) 
—  10.  (Dion,  xliii.  — Suet.,  Jul.,  26. --Plir  H.  N.,  xxxvi.,  15.) 
— 11.  (Nardini   Rom.  Ant.,  v.,  9.) 


although  the  name  c  f  its  founder  is  broken  ofT,  yet 
the  open  peristyles,  without  any  surrounding  wall, 
demonstrate  what  basilica  was  intended.  Thus  the 
passage  of  Cicero  will  be  satisfactorily  explained. 
In  order  to  lay  open  the  magnificent  Basilica  of 
Paullus  to  the  Forum  of  Caesar,  he  proposed  to  buy 
and  pull  down  some  buildings  which  obstructed  the 
view,  which  would  extend  the  small  forum  of  Cae- 
sar usque  ad  Libertatis  atrium,  by  doing  which  he 
no  doubt  intended  to  court  the  favour  of  Caesar, 
upon  whose  good-will  he  prides  himself  so  much  in 
the  epistle. 
The  dotted  lines  represent  a  crack  in  the  marble 
The  senate  was  held  in  early  times  in  atrio  Pa- 
latii.1 

*ATT'AGEN  (uTTayrjv  or  drruyag),  the  name  of 
a  bird  mentioned  by  Aristotle,  Aristophanes,  Horace, 
and  Martial.  There  have  been  various  conjectures 
respecting  it,  some  supposing  it  a  pheasant,  some  a 
partridge,  and  others  a  woodcock.  This  last  opin- 
ion is  probably  the  most  correct,  although  Adams 
inclines  to  agree  with  Pennant,  that  the  Attagen 
was  the  same  with  the  Godwit,  or  Scolopax  ago- 
cephala.  Walpole,8  on  the  other  hand,  thinks  it 
was  the  Tetrao  Francolinus.  A  writer,  quoted  by 
Athenaeus,3  describes  the  Attagen  as  being  a  little 
larger  than  a  partridge,  having  its  back  marked  with 
numerous  spots  of  a  reddish  colour.  Hence  the 
name  of  this  bird  is  humorously  applied  by  Aris- 
tophanes4 to  the  back  of  a  runaway  slave,  scored 
by  the  lash.  The  same  writer  also  informs  us  that 
the  Attagen  was  highly  esteemed  by  epicures.5 

*ATTEL'EBUS  (urreM6og),  generally  taken  for 
a  species  of  Gnat,  but  referred  by  Stackhouse  to  the 
genus  Attelebus,  L.,  a  class  of  insects  that  attack 
the  leaves  and  most  tender  parts  of  plants.* 

ATTHIS  (ardic),  a  name  given  to  any  composi- 
tion which  treated  of  the  history  of  Attica.7  This 
name  seems  to  have  been  used  because  Attica  was 
also  called  'At6ic.b  Pausanias9  calls  his  first  book 
'Ardlg  cvyypa<j>7J,  because  it  treats  chiefly  of  Atti- 
ca and  Athens.  The  Atthides  appear  to  have  been 
not  strictly  historical ;  but  also  geographical,  top- 
ographical, mythological,  and  archaeological.  By 
preserving  the  local  history,  legends,  traditions, 
and  antiquities,  and  thus  drawing  attention  to  the 
ancient  standing  and  renown  of  the  country,  and 
connecting  the  present  with  the  past,  they  tended 
to  foster  a  strong  national  feeling.  From  what 
Dionysius  says,10  it  would  appear  that  other  dis 
tricts  had  their  local  histories  as  well  as  Attica.11 
The  nature  of  the  'Ardideg  we  know  only  from  a 
few  fragments  and  incidental  notices.  The  most 
ancient  writer  of  these  compositions  would  appear, 
according  to  Pausanias,"  to  have  been  Clitode- 
mus — KXeirodnuog  or  K?ieidT]/j,oc  (otzogol  to,  'Adnvai- 
uv  kmx^pio,  eypaipav,  6  dpxat-orarog).  His  'Ardig 
was  published  about  B.C.  378. 13  Probably  Pausa 
nias  means  that  Clitodemus  was  the  first  native 
Athenian  who  wrote  an  'Ardig,  as  Clinton  observes, 
and  not  the  first  person  ;  for  Hellanicus,  a  native  of 
Lesbos,  had  written  one  before  him.  Another  wn- 
ter  of  this  class  was  Andron  ("Avdpuv),  a  native  of 
Halicarnassus,  as  appears  from  Plutarch  ;14  also  An- 
drotion — 'Avdporiuv  ;15  and  Philochorus,  who  held 
the  office  of  i epoaKonog  at  Athens,  B.C.  306. 16  His 
'Ardig  is  quoted  by  the  scholiast  on  Aristophanes17 
and  Euripides.18    Phanodemus,  Demon,  and  Ister 

1.  (Serv.  in  Virg.,  Mn.,  xi.,  235.)— 2.  (Memoiis,  &c,  vol.  I., 
p.  262,  in  notis.)— 3.  (ix.,  39.)— 4.  (Av.,  761.)— 5  (Ap.  Athen.. 
xiv.,  6520—6.  (Aristot.,  H.  A.,  v.,  17— Theoplirast.,  H.  P.,  ii., 
4.)— 7.  (Strabo,  ix.,  p.  392,  B,  ed.  Casaub.)— 8.  (Strabo,  ix.,  p 
397,  A.)— 9.  (vii.,  20,  3.)— 10.  (De  Thucyd.  jud.,  v.)— 11.  (Vid 
Thirlwall's  Greece,  vol.  ii.,  p.  128.)— 12.  (x.,  15.)— 13.  (Clinton, 
F.  H.,  p.  373.)— 14.  (Vit.  Thes.,  24.)— 15.  (Vid.  Schol.  in  Aris- 
toph.,  Av.,  13.— Nub.,  549.)—16.  (Clinton,  306,  3.)— 17  (Vesp.. 
716.— Av.,  767  j— 18.  (Orest.,  371.) 

123 


AUCTIO. 


AUCTOR 


were  also  writers  of  'krdidec.  Their  date  is  uncer- 
tain ;  but  it  appears  that  Demon  was  nearly  con- 
temporary with  Philochorus,  and  that  Ister  flourish- 
ed B.C.  246-221,  in  the  reign  of  Ptolemaeus  Euer- 
getes,  and  was,  as  Suidas  asserts,  a  pupil  of  Callim- 
achus.  The  fragments  of  Philocnorus  and  An- 
drotion  have  been  edited  by  C.  G.  Siebelis  (Leipsig, 
1811) ;  and  those  of  Phanodemus,  Demon,  Clitode- 
mus,  and  Ister  also  (Leipsig,  1812). 

ATTICUR'GES  (to  'ArriKovpyec),  in  the  Attic 
style.  Vitruvius,1  when  treating  of  the  different 
constructions  of  doorways  to  sacred  edifices,  enu- 
merates three,  the  Doric,  Ionic,  and  Attic  (Atticur- 
ges).  He  first  gives  an  account  of  the  Doric,  then 
the  Ionic,  and,  lastly,  states  that  the  Attic  follows 
generally  the  same  rules  as  the  Doric  ;  and  then, 
having  instanced  the  points  of  difference  between 
these  two  orders,  he  concludes  by  saying  that  he 
has  laid  down  all  the  rules  necessary  for  the  con- 
struction of  the  Doric,  Ionic,  and  Corinthian  or- 
ders (Doricis,  Ionicis,  Corinthiisque  operibus),  which 
would  certainly  seem  to  identify  the  Attic  with  the 
Corinthian.  Pliny,  however,2  designates  as  Attic 
columns  (columnas  Atticas)  those  which  have  four 
angles  and  equal  sides,  i.  e.,  a  square  pilaster, 
such  as  the  order  of  columns  in  the  upper  story  of 
the  Coliseum,  which  have  Corinthian  capitals  ;  but 
the  projection  of  their  sides  is  not  equal  to  the 
fronts.  There  is  much  difficulty  involved  in  this 
consideration ;  for  if  the  people  of  Attica  had  an 
order  of  their  own,  distinct  from  the  Doric,  which 
they  commonly  adopted,  as  the  Tuscans,  Ionians, 
and  Corinthians  had,  it  is  singular  that  we  should 
not  have  any  account  of  its  distinctive  properties, 
and  that  Vitruvius  himself  should  not  have  descri- 
hed  it  as  exactly  as  he  has  the  other  three.  The 
only  way  to  solve  the  difficulty  is  to  adopt  the  ex- 
planation of  Pliny,  and  to  conclude  that  the  Athe- 
nians had  no  distinct  order  of  their  own,  with  a  pe- 
culiar character  in  all  its  component  parts ;  but  that 
they  adopted  a  column  expressly  Attic,  i.  e.,  a  square 
one,  with  a  Corinthian  capital  and  an  Attic  base,  to 
the  other  parts  and  proportions  of  the  Doric  order. 
Thus  Vitruvius  may  be  reconciled  with  himself; 
for  he  only  speaks  of  the  Atticurges  as  used  in  door- 
ways, where  the  square  or  Attic  columns  of  Pliny 
would  be  admirably  fitted  for  the  upright  jambs, 
which  might  be  ornamented  with  a  Corinthian  cap- 
ital and  an  Attic  base,  the  proportions  and  compo- 
nent parts  of  which  are  enumerated  by  Vitruvius.3 
The  lowest  he  terms  plinthus ;  the  one  above  that, 
torus  inferior ;  the  next  three  divisions,  scotia  cum 
suis  quadris ;  and  the  highest,  the  torus  superior. 


AUC  riO  signifies  generally  "  an  increasing,  an 
enhancement,"  and  hence  the  name  is  applied  to  a 
public  sale  of  goods,  at  which  persons  bid  against 
one  another.  The  term  audio  is  general,  and  com- 
prehends the  species  bonorum  emtio  and  sectio.  As 
a  species,  audio  signifies  a  public  sale  of  goods  by 
the  owner  or  his  agent,  or  a  sale  of  goods  of  a  de- 
ceased person  for  the  purpose  of  dividing  the  money 
among  those  entitled  to  it,  which  was  called  audio 
hereditaria.*    The  sale  was  sometimes  conducted 

1.  (iii..  3.)— 2.  (H.  N.,  xxxvi.,  23.)— 2  (in.,  3.)— 4  (Cic,  pro 
Csecin.,  5.) 

124 


by  an  argentarius,  or  by  a  magister  auctionis ;  and 
the  time,  place,  and  conditions  of  sale  were  an- 
nounced either  by  a  public  notice  (tabula,  album, 
&c.)  or  by  a  crier  (preeco). 

The  usual  phrases  to  express  the  giving  notice 
of  a  sale  are  audionem  proscribere,  pradicarc  ;  and 
to  determine  on  a  sale,  audionem  constituere.  The 
purchasers  (emtores),  when  assembled,  were  some- 
times said  ad  tabulam  adesse.  The  phrases  signifying 
to  bid  are  liceri,  licitari,  which  was  done  eithei  by 
word  of  mouth,  or  by  such  significant  hints  <u-  are 
known  to  all  people  who  have  attended  an  auction. 
The  property  was  said  to  be  knocked  down  (addtci) 
to  the  purchaser,  who  either  entered  into  an  en- 
gagement to  pay  the  money  to  the  argentarius  or 
magister,  or  it  was  sometimes  a  condition  of  sale 
that  there  should  be  no  delivery  of  the  thing  before 
payment.1  (Vid.  Actio.)  An  entry  was  made  in 
the  books  of  the  argentarius  of  the  sale  and  the 
money  due,  and  credit  was  given  in  the  same  books 
to  the  purchaser  when  he  paid  the  money  (expensa 
pecunia  lata,  accepta  relata).  Thus  the  book  of  the 
argentarius  might  be  used  as  evidence  for  the  pur- 
chaser, both  of  his  having  made  a  purchase,  and 
having  paid  for  the  thing  purchased.  If  the  money 
was  not  paid  according  to  the  conditions  of  sale,  the 
argentarius  could  sue  for  it. 

The  praeco  or  crier  seems  to  have  acted  the  part 
of  the  modern  auctioneer,  so  far  as  calling  out  the 
biddings2  and  amusing  the  company.  Slaves,  when 
sold  by  auction,  were  placed  on  a  stone  or  other  el- 
evated thing,  and  hence  the  phrase  homo  de  lapide 
emtus.  It  was  usual  to  put  up  a  spear,  hasta,  in 
auctions,  a  symbol  derived,  it  is  said,  from  the  an- 
cient practice  of  selling  under  a  spear  the  booty  ac- 
quired in  war.  By  the  auctio,  the  Quiritarian  own- 
ership in  the  thing  sold  was  transferred  to  the  pur- 
chaser.    (Vid.  Bonorum  Emtio,  Sectio.) 

AUCTOR,  a  word  which  contains  the  same  ele- 
ment as  aug-eo,  and  signifies  generally  one  who  en- 
larges, confirms,  or  gives  to  a  thing  its  completeness 
and  efficient  form.  The  numerous  technical  signi- 
fications of  the  word  are  derived  from  this  general 
notion.  As  he  who  gives  to  a  thing  that  which  is 
necessary  for  its  completeness,  may  in  this  sense 
be  viewed  as  the  chief  actor  or  doer,  the  word  auc- 
tor  is  also  used  in  the  sense  of  one  who  originates 
or  proposes  a  thing ;  but  this  cannot  be  viewed  as 
its  piimary  meaning.  Accordingly,  the  word  auc- 
tor,  when  used  in  connexion  with  lex  or  senatus 
consultum,  often  means  him  who  originates  and 
proposes,  as  appears  from  numerous  passages.* 
When  a  measure  was  approved  by  the  senate  before 
it  was  confirmed  by  the  "votes  of  the  people,  the 
senate  were  said  audores  fieri,  and  this  preliminary 
approval  was  called  senatus  auctoritas*  In  the  pas- 
sage of  Livy,s  there  is  an  ambiguity  in  the  use  of 
the  word,  arising  from  the  statement  of  the  prac- 
tice in  Livy's  time,  and  the  circumstances  of  the 
peculiar  case  of  the  election  of  a  king.  The  effect 
of  what  Livy  states  as  to  the  election  of  Numawas 
a  reservation  of  a  veto  :  "  Si  dignum  crearitis,  pa- 
tres  audores  fient."  The  meaning,  however,  of  the 
whole  passage  is  clearly  this  :  the  patres  gave  per- 
mission to  elect,  and  if  the  person  elected  should 
be  approved  by  them,  that  was  to  be  considered 
equivalent  to  their  nomination. 

In  the  imperial  time,  auctor  is  often  said  of  the 
emperor  (princeps)  who  recommended  anything  to 
the  senate,  and  on  which  recommendation  that  body 
passed  a  senatus  consultum.6 

When  the  word  auctor  is  applied  to  him  who 
recommends,  but  does  not  originate  a  legislative 


1.  (Gaius,  iv.,  126.)— 2.  (Cic,  de  Off.,  ii.,  23.)— 3.  (Liv.,  vi., 
36—  Cic,  pro  Dom.,  c  30.)— 4.  (Cic,  Brut.,  c  14.)— 5.  (i ,  17.1 

—6.  (Gaius,  i.,  30,  80. — Sueton.  Vesp.,  11.) 


AUCTORITAS. 


AUGUR. 


measure,  it  is  equivalent  to  suasor.1  Sometimes 
both  auctor  and  suasor  are  used  in  the  same  sen- 
tence, and  the  meaning  of  each  is  kept  distinct." 

With  reference  to  dealings  between  individuals, 
*uctor  has  the  sense  of  owner,3  and  is  defined  thus  :* 
Auctor  mexis  a  quo  jus  in  me  transit.  In  this  sense 
auctor  is  the  seller  (venditor),  as  opposed  to  the 
buyer  (cmtor) :  the  person  who  joined  the  seller  in 
a  warranty,  or  as  security,  was  called  auctor  secun- 
dum, as  opposed  to  the  seller,  or  auctor  primus.5  The 
phrase  a  malo  auctore  emere,6  auclorem  laudarc7  will 
thus  be  intelligible.  The  testator,  with  respect  to 
his  heir,  might  be  called  auctor.8 

Consistently  with  the  meanings  of  auctor  as  al- 
leady  explained,  the  notion  of  consenting,  appro- 
ving, and.  giving  validity  to  a  measure  affecting  a 
person's  status  clearly  appears  in  the  following 
passage.9 

Auctor  is  also  used  generally  to  express  any  per- 
son under  whose  authority  any  legal  act  is  done. 
In  this  sense,  it  means  a  tutor  who  is  appointed  to 
aid  or  advise  a  woman  on  account  of  the  infirmity 
of  her  sex  :10  it  is  also  applied  to  a  tutor  whose  bu- 
siness it  is  to  do  or  approve  of  certain  acts  on  be- 
half of  a  ward  (pupillus). 

The  term  auctores  juris  is  equivalent  to  jurisperi- 
ti  ;11  and  the  law  writers,  or  leaders  of  particular 
schools  of  law,  were  called  scholce  auctores.  It  is 
unnecessary  to  trace  the  other  significations  of  this 
word. 

AUCTO'RITAS.  The  technical  meanings  of  this 
word  correlate  with  those  of  auctor. 

The  auctoritas  senatus  was  not  a  senatus  con- 
sultum ;  it  was  a  measure,  incomplete  in  itself, 
which  received  its  completion  by  some  other  au- 
thority. 

Auctoritas,  as  applied  to  property,  is  equivalent 
to  legal  ownership,  being  a  correlation  of  auctor.12 
It  was  a  provision  of  the  laws  of  the  Twelve  Ta- 
bles, that  there  could  be  no  usucapion  of  a  stolen 
thing,13  which  is  thus  expressed  by  Gellius  in  speak- 
ing of  the  Atinian  law  :14  "  Quod  subreptum  erit  ejus 
rei  (Bterna  auctoritas  esto ;"  the  ownership  of  the 
thing  stolen  was  still  in  the  original  owner.15 

Auctoritas  sometimes  signifies  a  warranty  or  col- 
lateral security,  and  thus  correlated  to  auctor  se- 
cundus.  Auctoritatis  actio  means  the  action  of 
eviction.18  The  instrumenta  auctoritatis  are  the 
proofs  or  evidences  of  title. 

The  auctoritas  of  the  praetor  is  sometimes  used 
to  signify  the  judicial  sanction  of  the  praetor,  or  his 
order,  by  which  a  person,  a  tutor  for  instance,  might 
be  compelled  to  do  some  legal  act,17  or,  in  other 
words,  "auctor  fieri."  The  tutor,  with  respect  to 
his  wards,  both  male  and  female  (pupilli,  pupillce), 
was  said  negotium  gerere,  and  auctoritatem  interpo- 
nere :  the  former  phrase  is  applicable  where  the  tu- 
tor does  the  act  himself ;  the  latter,  where  he  gives 
his  approbation  and  confirmation  to  the  act  of  his 
ward.  Though  an  infant  had  not  a  capacity  to  do 
any  act  which  was  prejudicial  to  him,  he  had  a  ca- 
pacity to  receive  or  assent  to  anything  which  was 
for  his  benefit,  and  in  such  case  the  auctoritas  of  the 
tutor  was  not  necessary. 

The  authority  of  decided  cases  was  called  simili- 
ter judicalorum  auctoritas.  The  other  meanings  of 
auctoritas  may  be  easily  derived  from  the  primary 

1.  (Cic,  ad  Mt.,  i.,  19.— Brutus,  25,  27.)— 2.  (Cic,  Off.,  iii., 
30.)— 3.  (Cic,  pro  Caecin.,  10.)— 4.  (Dig-.  50,  tit.  17,  s.  175.)— 5. 
(Dig.  19,  tit.  1,  s.  4,  t>  21  ;  tit.  2,  s.  4,  t>  51.)— 6.  (Cic,  Verr.,  v., 
22.)— 7.  (Gell.,ii.,  10.)— 8.  (Ex.Corp.Hermogen.Cod.,  tit.  11.)— 
9.  (Cic,  pro  Dom.,  c  29.)— 10.  (Liv.,  xxxiv.,  2.— Cic,  pro  Cse- 
cin.,  c  25.— Gaius,  i.,  190, 195.)— 11.  (Dig.  1,  tit.  2,  s.  2,  ^  13.— 
Gellius,  ii.,  c  10.)— 12.  (Cic,  Top.,  c  4.— Pro  Caecin.,  c  26.)— 
13.  (Gaius,  ii., 45.)— 14.  (xvii.,  7.)— 15.  (Cic,  Off,  i.,  12— Dirk- 
sen,  Uebersicht,  &c,  der  Zwolf-Tafel  Fragmente,  p.  417.)— 16. 
(Paulus,  Sentent.  Itecept.,  lib.  2,  tit.  17.)— 17.  (Gaius,  i.,  190.— 
Dig.  27,  tit.  9,  s.  5.)  ' 


meaning  of  the  word,  and  from  the  explanation! 
here  given. 

AUDITO'RIUM,  a  place  where  poets,  orators, 
and  critics  were  heard  recite  their  compositions. 
There  were  places  used  expressly  for  this  purpose, 
as  the  Athenaeum.  ( Vid.  Athenjeum.)  Sometimes, 
also,  a  room  was  hired  and  converted  to  this  object, 
by  the  erection  of  seats,  and  by  other  arrange- 
ments.1 The  term  auditorium  was  also  applied  to 
a  court,  in  which  trials  were  heard*  Auditorium 
principis  was  the  emperor's  audience-chamber.3 

*AVELLA'NA  NUX,  the  Filbert,  the  fruit  of  the 
Corylus  Avellana,  or  Hazelnut-tree.  It  is  the  ndpvov 
TiovTiKov  or  "kcKTonapvov  of  Dioscorides.4  Accord- 
ing to  Pliny,5  the  earlier  form  of  the  Latin  name 
was  Abellina  mix,  an  appellation  coming  very  prob- 
ably from  the  Samnian  city  of  Abellinum,  where 
this  species  of  nut  is  said  to  have  abounded,  or  else 
from  the  Campanian  city  of  Abella.  Servius  is  in 
favour  of  the  latter.6  Pliny  says  the  filbert  came 
first  from  Pontus  into  Lower  Asia  and  Greece,  and 
hence  one  of  its  Greek  names,  as  given  above, 
icapvov  HovriKov.'1  Macrobius  styles  it  also  nux 
Prcenestina,9  but  Pliny  distinguishes  between  the 
nuces  Avellance  and  Prcenestina.9  Theophrastus10 
speaks  of  two  varieties  of  this  kind  of  nut,  the  one 
round,  the  other  oblong ;  the  latter  is  referred  by 
Sprengel  to  the  Corylus  tubulosa,  Willd.11 

*AUGFTES  (auylTTjc),  a  species  of  gem  deriving 
its  name  from  its  brilliancy  (avyv).  Pliny  says  it 
was  thought  by  many  to  be  different  from  the  Cal- 
la'is,  and  hence  the  inference  lias  been  drawn  that 
it  was  generally  the  same  with  the  latter,  which 
was  probably  turquoise.18 

AUGUR  meant  a  diviner  by  birds,  but  was  some- 
times applied  in  a  more  extended  sense.  The  word 
seems  to  be  connected  with  augeo,  auguro,  in  the 
same  manner  as  fulgur  with  fulgeo  and  fulguro. 
Augeo  bears  many  traces  of  a  religious  meaning,  to 
which  it  may  have  been  at  first  restricted.13  The 
idea  of  a  second  derivation  from  avis,  confirmed  by 
the  analogy  of  auspex  (avispex),  may  perhaps  have 
limited  the  signification  of  augur.  It  is  not  improb- 
able that  this  last  etymology  may  be  the  true  one  ; 
but  if  so,  it  is  impossible  to  explain  the  second  ele- 
ment of  the  word.  "  Augur,  quod  ab  avium  garritu 
derivari  grammatici  garriunt,"  says  Salmasius. 

The  institution  of  augurs  is  lost  in  the  origin  ol 
the  Roman  state.  According  to  that  view  of  the 
constitution  which  makes  it  come  entire  from  the 
hands  of  the  first  king,  a  college  of  three  was  ap- 
pointed by  Romulus,  answering  to  the  number  of 
the  three  early  tribes.  Numa  was  said  to  have 
added  two,1*  yet,  at  the  passing  of  the  Ogulnian 
law  (B.C.  300),  the  augurs  were  but  four  in  num- 
ber :  whether,  as  Livy15  supposes,  the  deficiency 
was  accidental,  is  uncertain.  Niebuhr  supposes 
that  there  were  four  augurs  at  the  passing  of  the 
Ogulnian  law,  two  apiece  for  the  Rhamnes  and 
Tities.  But  it  seems  incredible  that  the  third  tribe 
should  have  been  excluded  at  so  late  a  period  ;  nor 
does  it  appear  how  it  ever  obtained  the  privilege,  as 
the  additional  augurs  were  elected  from  the  plebs. 
By  the  law  just  mentioned,  their  number  became 
nine,  five  of  whom  were  chosen  from  the  plebs. 
The  dictator  Sulla  farther  increased  them  to  fif- 
teen,16 a  multiple  of  their  original  number,  which 
probably  had  a  reference  to  the  early  tribes.  This 
continued  until  the  time  of  Augustus,  who,  among 


1.  (Compare  Plin.,  Ep.,  i.,  13.— Tacitus,  De  Orat.,  c  9,  f9,  6 
—Suet.,  Tib.,  c,  11.)— 2.  (Paulus,  Dig.  49,  tit.  9,s.  1.)— 3.  (Ul- 
pian,  Dig.  4,  tit.  4,  s.  18.)— 4.  (i.,  178.) —  5.  (H.  N.,  xv.,  22.)— 
6.  (in  Virg.,  Georg.,  ii.,  65.)— 7.  (H.  N.,  x".,  22.)— 8.  (Sat.,  ii.r 
14.)— 9.  (H.  N.,  xvii.,  13.)— 10.  (H.  P.,  iii.,  15.)— 11.  (F6e  ic 
Plin.,  H.  N.,  xv.,  22.)— 12.  (Moore's  Anc  Mineral.,  p.  181.)— 13 
(Compare  Ovid,  Fast.,  i.,  609.)— 14.  (Cic,  De  Rep.,  ii.,  14  ) 
15.  (x.,  6.)— 16.  (Liv.,  Epit.,  89.) 

125 


AUGUR. 


AUGUR. 


otfeer  extraordinary  powers,  had  the  right  conferred 
on  him  of  electing  augurs  at  his  pleasure,  whether 
there  was  a  vacancy  or  not,  B.C.  29,1  so  that  from 
this  time  the  number  of  the  college  was  unlimited. 

According  to  Dionysius,2  the  augurs,  like  the 
other  priests,  were  originally  elected  by  the  comitia 
curiata,  or  assembly  of  the  patricians,  in  their  curiae. 
As  no  election  was  complete  without  the  sanction 
of  augury,  the  college  virtually  possessed  a  veto  on 
the  election  of  all  its  members.  They  very  soon 
obtained  the  privilege  of  self-election  (jus  co-opta- 
tiyjiis),  which,  with  one  interruption,  viz.,  at  the 
election  of  the  first  plebeian  augurs,  they  retained 
until  B.C.  103,  the  year  of  the  Domitian  law.  By 
this  law  it  was  enacted  that  vacancies  in  the  priestly 
colleges  should  be  filled  up  by  the  votes  of  a  minori- 
ty of  the  tribes,  i.  e.,  seventeen  out  of  thirty-five, 
chosen  by  lot.  The  Domitian  law  was  repealed  by 
Sulla,  but  again  restored  B.C.  63,  during  the  con- 
sulship of  Cicero,  by  the  tribune  T.  Annius  Labie- 
nus,  with  the  support  of  Caesar.  It  was  a  second 
time  abrogated  by  Antony  ;  whether  again  restored 
by  Hirtius  and  Pansa,  in  their  general  annulment 
of  the  acts  of  Antony,  seems  uncertain.  The  em- 
perors, as  mentioned  above,  possessed  the  right  of 
electing  augurs  at  pleasure. 

The  augurship  is  described  by  Cicero,  himself  an 
augur,  as  the  highest  dignity  in  the  state,8  having 
an  authority  which  could  prevent  the  comitia  from 
noting,  or  annul  resolutions  already  passed,  if  the 
auspices  had  not  been  duly  performed.  The  words 
alio  die  from  a  single  augur  might  put  a  stop  to  all 
business,  and  a.  decree  of  the  college  had  several 
times  rescinded  laws.  Such  exorbitant  powers,  as 
Cicero  must  have  seen,  depended  for  their  contin- 
uance on  the  moderation  of  those  who  exercised 
them. 

The  augurs  were  elected  for  life,  and,  even  if  cap- 
itally convicted,  never  lost  their  sacred  character.* 
They  were  to  be  free  from  any  taint  of  disease  while 
performing  their  sacred  functions,  which  Plutarch5 
thought  was  designed  to  show  that  purity  of  mind 
was  required  in  the  service  of  the  gods.  When  a 
vacancy  occurred,  the  candidate  was  nominated  by 
two  of  the  elder  members  of  the  college,6  the  elect- 
ors were  sworn,7  and  the  new  member  took  an  oath 
of  secrecy  before  his  inauguration.  The  only  dis- 
tinction among  them  was  one  of  age,  the  eldest  au- 
gur being  styled  magister  collegii*  Among  other 
privileges,  they  enjoyed  that  of  wearing  the  purple 
prcEtexta,  or,  according  to  some,  the  trabea.  On  an- 
cient coins  they  are  represented  wearing  a  long 
robe,  which  veiled  the  head  and  reached  down  to 
the  feet,  thrown  back  over  the  left  shoulder.  They 
hold  in  the  right  hand  a  lituus  or  curved  wand, 
hooked  at  the  end  like  a  crosier,  and  sometimes 
have  the  capis,9  or  earthen  water  vessel,  by  their 
side.10  On  solemn  occasions  they  appear  to  have 
#om  a  garland  on  the  head.11  Although  many  of 
the  augurs  were  senators,  their  office  gave  them  no 
place  in  the  senate.12  The  manner  of  taking  the 
auspices  is  described  under  Auspicium. 

The  chief  duties  of  the  augurs  were  to  observe 
and  report  supernatural  signs.  They  were  also  the 
repositories  of  the  ceremonial  law,  and  had  to  ad- 
vise on  the  expiation  of  prodigies,  and  other  matters 
of  religious  observance.  The  sources  of  their  art 
vbtg  thieefold  :  first,  the  formulas  and  traditions  of 
the  college,  which  in  ancient  times  met  on  the  nones 
of  every  month  ;  secondly,  the  augurales  libri,  which 
were  extant  even  in  Seneca's  time  ;M  thirdly,  the 

1.  (Dion,  xli.,  20.)— 2.  (ii.,  22.)— 3.  (De  Leg-.,  ii.,  12.)  — 4. 
(Plia.,  Ep.,  iv.,  8.)— 5.  (Qusest.  Rom.,  72.)—  6.  (Cic,  Phil.,  ii.,  2.) 
—7.  (Cic,  Brut.,  i.)— 8.  (Cic,  De  Seneot.,  18.)— 9.  (Liv.,x.,7.) 
—10.  (Goltzii,  Icones.)— 11.  (Plut.,  Cass  ,  p  730.)— 12.  (Cic,  ad 
Att,iv.,  2.)— 13  (Ep.,  107.) 
126 


commentarii  augurum,  such  as  those  Gf  Messala  anu 
of  Appius  Clodius  Pulcer,  which  seem  to  have  been 
distinguished  from  the  former  as  the  treatises  or 
learned  men  from  received  sacred  writings.  Other 
duties  of  the  augurs  were  to  assist  magistrates  and 
generals  in  taking  the  auspices.  At  the  passing  of 
a  lex  curiata,  three  were  required  to  be  present,  a 
number  probably  designed  to  represent  the  three 
ancient  tribes. 

One  of  the  difficulties  connected  with  this  subject 
is  to  distinguish  between  the  religious  duties  of  the 
augurs  and  of  the  higher  magistrates.  Under  the 
latter  were  included  consul,  praetor,  and  censor ;  the 
quaestor,  as  appears  from  Varro,1  being  obliged  to 
apply  for  the  auspices  to  his  superior.  A  single 
magistrate  had  the  power  of  proroguing  the  comitia 
by  the  formula  se  de  coelo  servare.  ( Vid.  Auspicium.) 
The  law  obliged  him  to  give  notice  beforehand,2  so 
that  it  can  only  have  been  a  religious  way  of  exer- 
cising a  constitutional  right.  The  spectio,  as  it  was 
termed,  was  a  voluntary  duty  on  the  part  of  the 
magistrate,  and  no  actual- observation  was  required. 
On  the  other  hand,  the  augurs  were  employed  by 
virtue  of  their  office  :  they  declared  the  auspices 
from  immediate  observation,  without  giving  anv 
previous  notice  :  they  had  the  right  of  nuntiatio,  not 
of  spectio,  at  least  in  the  comitia ;  in  other  wordf 
they  were  to  report  *•  .  L'igies  where  they  did,  r,oC 
to  invent  them  where  they  did  not,  exist. 

The  college  of  augurs  possessed  far  greater  pow- 
er in  the  earlier  than  in  the  later  period  of  Roman 
history.  The  old  legends  delighted  to  tell  of  the 
triumphs  of  religion :  its  first  kings  were  augurs,3 
and  Romulus  was  believed  to  have  founded  the 
empire  by  a  dirf'*  intimation  from  heaven.  It- 
seems  natural  that  augury  should  have  sprung  up 
amid  the  simple  habits  of  a  rustic  people,  and  hence 
we  should  be  inclined  to  refer  it  to  a  Sabine  rather 
than  an  Etruscan  origin.  That  a  learned  system 
should  be  ingraft*"*  on  a  more  simple  one,  such  as 
that  of  the  ancient  Sabines,  seems  surely  far  more 
probable  than  the  reverse.  Yet  the  prevalence  of 
Etruscan  influence,  during  the  second  and  third 
centuries  of  Roman  history,  must  have  greatly 
modified  the  primitive  belief.  It  might  almost  ap- 
pear that  the  conflict  between  the  old  and  new  reli- 
gion was  hinted  at  in  the  story  of  Attus  Naevius, 
especially  when  we  remember  that  Tarquinius, 
whether  of  Latin  or  Etruscan  origin,  is  undoubtedly 
the  representative  o'f  an  Etruscan  period.  The  Ro- 
mans themselves,  as  Miiller  admits,  distinguished 
between  their  own  rites  of  augury  and  Etruscan 
divination.  The  separate  origin  of  the  Roman  re- 
ligion is  implied  in  the  tradition  that  Numa  was  of 
Sabine  birth,  not  to  mention  that  many  of  the  names 
used  by  the  augurs  (such  as  Sangualis  avis,  from 
the  Sabine  god  Sancus,  Titiae  aves,  Sabinus  cultus) 
bear  traces  of  a  Sabine  origin.  Such  a  view  is  not 
inconsistent  with  the  incorporation  of  many  parts 
of  the  Etruscan  system,  as  the  constitution  of  the 
college  of  augurs,  or  the  divisions  of  the  heavens. 

Augury  was  one  of  the  many  safeguards  which 
the  wisdom  of  an  oligarchy  opposed  to  the  freedom 
of  the  plebs.*  Of  the  three  comitia — curiata,  cen- 
turiata,  and  tributa — the  two  former  were  subject 
to  the  auspices.  As  the  favourable  signs  were 
known  to  the  augurs  alone,  their  scruples  were  a 
pretext  for  the  government  to  put  off  an  inconve- 
nient assembly.  Yet  in  early  times  the  augurs 
were  not  the  mere  tools  of  the  government,  but 
formed  by  themselves,  as  is  the  case  in  almost  all 
oligarchies,  an  important  portion  of  the  Roman 
state.  The  terrors  of  religion,  which  the  senate 
and  patricians  used  against  the  plebs,  must  often 

1.  (Ling.  Lat.,  vi.,  9.)— 2.  (Cic,  Phil.,  ii.,  32.)— 3  'C«c,  D» 
Div.,  i.,  2.)— 4.  (Liv.,  vi..  41.) 


AUGUSTALES. 


AUGUSTALES. 


have  been  turned  against  themselves,  especially 
during  the  period  when  the  college  enjoyed  an  ab- 
solute control  over  the  election  of  its  own  members. 
Under  the  kings,  the  story  of  Attus  Naevius  seems 
to  testify  the  independence  of  the  augurs.  During 
many  centuries  their  power  was  supported  by  the 
voice  of  public  opinion.  Livy  tells  us  that  the  first 
military  tribunes  abdicated  in  consequence  of  a  de- 
cree of  the  augurs ;  and,  on  another  occasion,  the 
college  boldly  declared  the  plebeian  dictator,  M.  C. 
Marcellus,  to  be  irregularly  created.1  It  was  urged 
by  the  patricians,  and  half  believed  by  the  plebeians 
themselves,  that  the  auspices  would  be  profaned  by 
the  admission  of  the  plebs  to  the  rights  of  intermar- 
riage or  the  higher  magistracies.  With  the  consul- 
ship the  plebeians  must  have  obtained  the  higher 
auspices ;  yet,  as  the  magistrates  were,  in  a  great 
measure,  dependant  on  the  augurs,  the  plebs  would 
not  be,  in  this  respect,  on  a  level  with  the  patricians 
until  the  passing  of  the  Ogulnian  law.  During  the 
civil  wars,  the  augurs  were  employed  by  both  par- 
ties as  political  tools.  Cicero3  laments  the  neglect 
and  decline  of  the  art  in  his  day.  The  college  of 
augurs  was  finally  abolished  by  the  Emperor  Theo- 
dosius  ;3  but  so  deeply  was  the  superstition  rooted, 
that,  even  in  the  fourteenth  century,  a  Christian 
bishop  found  it  necessary  to  issue  an  edict  against 
it.* 

For  a  view  of  the  Roman  augurs,  which  derives 
them  from  Etruria,  see  M  tiller's  Etrusher,  hi.,  5. 

I.  AUGUSTA'LES  (sc.  ludi,  also  called  Augus- 
talia,  sc.  certamina,  ludicra,  and  by  the  Greek  wri- 
ters and  in  Greek  inscriptions,  ZeCaora,  le6dat/ia, 
kvyovarukia)  were  games  celebrated  in  honour  of 
Augustus  at  Rome  and  in  other  parts  of  the  Ro- 
man Empire.  After  the  battle  of  Actium,  a  quin- 
quennial festival  (navf/yvpic  7revreTr/pt^)  was  institu- 
ted ;  and  the  birthday  (yevidTiLa)  of  Augustus,  as 
well  as  that  on  which  the  victory  was  announced  at 
Rome,  were  regarded  as  festival  days.5  In  the 
provinces,  also,  in  addition  to  temples  and  altars, 
quinquennial  games  were  instituted  in  almost  every 
town.6  On  his  return  from  Rome  to  Greece,  in 
B.C.  19,  after  being  absent  from  Italy  for  two  years, 
the  day  on  which  he  returned  was  made  a  festival, 
and  called  Augustalia.7  The  Roman  equites  were 
accustomed,  of  their  own  accord,  to  celebrate  the 
birthday  of  Augustus  in  every  alternate  year  ;8  and 
the  praetors,  before  any  decree  had  been  passed  for 
the  purpose,  were  also  in  the  habit  of  exhibiting 
games  every  year  in  honour  of  Augustus.  Accord- 
ing to  Dion  Cassius,9  it  was  not  till  B.C.  11  that 
the  augustalia  were  established  by  a  decree  of  the 
senate ;  by  which  augustalia  he  appears,  from  the 
connexion  of  the  passage,  to  mean  the  festival  cel- 
ebrated on  the  birthday  of  Augustus.  This  account 
seems,  however,  to  be  st  variance  with  the  state- 
ment of  Tacitus,  who  speaks  of  the  augustales  as 
first  commenced  in  the  reign  of  Tiberius  {ludos  Au- 
gustales tunc  primum  coeptos  turbavit  discordia10),  to 
reconcile  which  passage  with  the  one  quoted  from 
Dion  Cassius,  Lipsius,  without  MS.  authority,  chan- 
ged cceptos  into  coepta ;  but  Tacitus  apparently  uses 
this  expression  on  account  of  the  formal  recognition 
of  the  games,  which  was  made  at  the  beginning  of 
the  reign  of  Tiberius,11  and  thus  speaks  of  them  as 
first  established  at  that  time.  They  were  exhibit- 
ed annually  in  the  circus,  at  first  by  the  tribunes  of 
the  plebes,  at  the  commencement  of  the  reign  of 
Tiberius,  but  afterward  by  the  praetor  peregrinrs.1* 
These  games  continued  to  be  exhibited  in  the  time 
of  Dion  Cassius,  that  is,  about  A.D.  230.13 


1.  (Liv.,  viii.,  23.)— 2.  (Do  Div.,  ii.,  31,  34.)— 3.  (Zosim.,  lib. 
iv.) — i.  (Montfaucon,  Supp.,  vol.  i.,  113.)— 5.  (Dion,  li.,  19.)— 
6.  (Suet.,  0cta7.,  59.)— 7.  (Dion,  liv.,  10.)— 8.  (Suet.,  Octav., 
57.)— 9.  (liv.,  34.:  -10.  (Tacit.,  Ann.,  i.,  54.) — 11.  (Tacit.,  Ann., 
i .  15.)— 12.  (Tpci.  ,  Ann.,  i.,  15.— Dion,  lvi.,  46  )— 13.  (liv.,  34.) 


The  augustales  or  augustalia  at  Neapolis  (Na 
pies)  were  celebrated  with  great  splendour.  They 
were  instituted  in  the  lifetime  of  Augustus,1  and 
were  celebrated  every  five  years.  According  to 
Strabo,2  who  speaks  of  these  games  without  men- 
tioning their  name,  they  rivalled  the  most  magnifi- 
cent of  the  Grecian  festivals.  They  consisted  of 
gymnastic  and  musical  contests,  and  lasted  for  sev- 
eral days.3  At  these  games  the  Emperor  Claudius 
brought  forward  a  Greek  comedy,  and  received  the 
prize.4 

Augustalia  (HCaara)  were  also  celebrated  at  Al- 
exandra, as  appears  from  an  inscription  in  Gruter  ;s 
and  in  this  city  there  was  a  magnificent  temple  to 
Augustus  (Ee&zoTfiov,  Augustale).  We  find  men- 
tion of  Augustalia  in  numerous  other  places,  as  Per- 
gamus,  Nicomedia,  &c. 

II.  AUGUSTA'LES  were  an  order  of  priests  in 
the  municipia,  who  were  appointed  by  Augustus, 
and  selected  from  the  libertini,  whose  duty  it  was 
to  attend  to  the  religious  rites  connected  with  the 
worship  of  the  Lares  and  Penates,  which  Augustus 
put  in  places  where  two  or  more  ways  met  (in  com- 
pitis6).  The  name  of  this  order  of  priests  occurs 
frequently  in  inscriptions,  from  which  we  learn  that 
the  Augustales  formed,  in  most  municipia,  a  kind 
of  corporation,  of  which  the  first  six  in  importance 
had  the  title  of  seviri,  and  the  remainder  that  of 
compitales  Larum  Aug.1  It  has  been  maintained 
by  some  modern  writers  that  these  augustales'Vere 
civil  magistrates  ;  but  there  is  good  reason  for  -  e- 
lieving  that  their  duties  were  entirely  of  a  religious 
nature.  The  office,  which  was  called  Augustalitas, 
was  looked  upon  as  honourable,  and  was  much 
sought  after  by  the  more  wealthy  libertini ;  and  it 
appears  that  the  decuriones  in  the  municipia  were 
accustomed  to  sell  the  dignity,  since  we  find  it  re- 
corded in  an  inscription  that  the  office  had  been 
conferred  gratuitously  upon  an  individual  on  account 
of  the  benefits  which  he  had  conferred  upon  the 
town  (ordo  decurionum  ob  merita  ejus  honorem  Au- 
gustalitatis  gratuilum  decrevit6).  The  number  of 
augustales  in  each  municipium  does  not  appear  to 
have  had  any  limitation ;  and  it  seems  that,  in 
course  of  time,  almost  all  the  respectable  libertini 
in  every  municipium  belonged  to  the  order,  which 
thus  formed  a  middle  class  between  the  decuriones 
and  plebs,  like  the  equestrian  order  at  Rome.  We 
find  in  the  inscriptions  of  many  municipia  that  the 
decuriones,  seviri  or  augustales,  and  plebs,  are 
mentioned  together,  as  if  they  were  the  three  prin- 
cipal classes  into  which  the  community  was  div: 
ded.9 

The  augustales  of  whom  we  have  been  speaking 
should  be  carefully  distinguished  from  the  sodales 
Augustales,  who  were  an  order  of  priests  instituted 
by  Tiberius  to  attend  to  the  worship  of  Augustus.10 
They  were  chosen  by  lot  from  among  the  principal 
persons  of  Rome,  and  were  twenty-one  in  number, 
to  which  were  added  Tiberius,  Drusus,  Claudius, 
and  Germanicus.11  They  were  also  called  sacerdotes 
Augustales  ;ia  and  sometimes  simply  Augustales.1* 
It  appears  that  similar  priests  were  appointed  to  at- 
tend to  the  worship  of  other  emperors  after  their 
decease  ;  and  we  accordingly  find,  in  inscriptions, 
mention  made  of  the  sodales  Flavii,  Ha&rianahs, 
Mliani,  Antonini,  &C.1* 

It  appears  that  the  flamines  Augustales  ought  to 
be  distinguished  from  the  sodales  Augustales.  We 
find  that  flamines  and  sacerdotes  were  appointed 


1.  (Suet.,  Octav.,  98.)— 2.  (v.,  p.  246.)— 3.  (Strabo,  1.  c.)— 4. 
(Suet.,  Claud.,  11.  — Compare  Dion,  lx.,  6.)— 5.  (316,  2.)  — 6 
(Schol.  in  Hor.,  Sat.,  II.,  iii.,  281.)— 7.  (Orelli,  Inscrip.,  3959.— 
Compare  Petron.,  Sat.,  c.  30.)— 8.  (Orelli,  3213.)— 9.  (Orelli, 
3939.)  — 10.  (Tacit.,  Ann.,  i.,  54. —  Compare  Orelli,  Inscrip.. 
2366,  2367,  &c.)— 11.  (Tacit.,  1.  c.)— 12.  (Tacit.,  Ann.,  ii.,  83.; 
—13.  (Tacit.,  Hist.,  ii.,  95.)— 14.  (Orelli,  7nscrip.,  2371,  &c) 

127 


AURUM. 


AURUM. 


in  the  life  Lime  of  Augustus  to  attend  to  his  worship ; 
imt  we  have  the  express  statements  of  Suetonius 
and  Dion  Cassius  that  this  worship  was  confined 
to  the  provinces,  and  was  not  practised  in  Rome, 
or  in  any  part  of  Italy,  during  the  lifetime  of  Au- 
gustus.1 Women  even  were  appointed  priestesses 
of  Augustus,  as  appears  from  an  inscription  in  Gru- 
ter  :a  this  practice  probably  took  its  origin  from  the 
appointment  of  Livia,  by  a  decree  of  the  senate,  to 
be  priestess  to  her  deceased  husband.3  It  seems 
probable  that  the  sodales  Augustales  were  intrusted 
with  the  management  of  the  worship,  but  that  the 
tiamines  Augustales  were  the  persons  who  actually 
offered  the  sacrifices  and  performed  the  other  sacred 
rites.  A  member  of  the  sodales  Augustales  was 
sometimes  a  flamen  also  (Neroni  Ccesari,  jiamini 
Augustali,  sodali  AugustaU*) ;  and  it  is  not  improba- 
ble that  the  flamines  were  appointed  by  the  sodales. 
AUGUSTUS.  (Vid.  Calendar,  Roman.) 
AUL^EUM.  (Vid.  Siparium,  Tapes,  Velum  ) 
*AULO'PIAS  (avXuTTiag),  a  large  fish,  of  which 
^Elian  gives  an  interesting  account.  Rondelet  re- 
fers it  to  the  genus  Labrus,  or  Wrasse,  but  Adams 
thinks  it  much  more  probable  that  it  was  a  species 
of  Squalus,  or  Shark. 

AULOS  (ati/lof),  a  wind  instrument  played  with 
the  fingers.  It  consisted  of  several  parts  :  yTi&TTic 
or  y?MTra,  the  mouthpiece,  which  was  taken  off 
when  not  used,  and  kept  in  a  case  (yXurTOKOfielov) ; 
vrro-yXurTig,  the  under  part  of  the  mouthpiece,  often 
put  for  the  mouthpiece  itself;  ftkfiai,  pieces  of  wood 
or  bone  inserted  in  the  Tpvirrj^ara  or  openings,  and 
pushed  aside,  or  up  and  down,  so  as  to  narrow  or 
extend  the  compass  of  the  scale  at  pleasure ; 
v<I>6?i{xlov,  similar  to  dXfioc,  but  inserted  in  the  mouth- 
piece so  as  to  lessen  the  power  of  the  instrument 
when  required  :  it  is  often  confounded  with  bl^oc 
and  yXurra.  B6fi6vi-  appears  to  have  been  the 
same  with  d?iftog :  according  to  Hesychius,  it  was 
also  a  kind  of  av"kog.  $op6eia  was  not  a  part  of  the 
avlofr  but  a  strap  fastened  at  the  back  of  the  head, 
with  a  hole  in  front  fitting  to  the  mouthpiece.  (Vid. 
Phorbeia.5)  For  an  account  of  the  different  sorts 
of  abloi,  see  Tibia  ;  and  for  the  character  of  flute 
music,  and  its  adaptation  to  the  different  modes, 
see  Musica. 

AU'REUS.  (Vid.Avnvu.) 
AURI'GA.  (Vid.  Circus) 
*AURIPIGMENTUM.  (Vid.  Arsenicum.) 
AURUM  (xpvaog),  Gold.  It  is  stated  under  Ar- 
gentum,  that  as  late  as  the  commencement  of  the 
Peloponnesian  war,  the  Athenians  had  no  gold  coin- 
age. It  would  appear  from  a  passage  in  the  Anti- 
gone,6 that  in  the  time  of  Sophocles  gold  was  rare 
at  A.thens.  Indeed,  throughout  the  whole  of  Greece, 
though  gold  was  by  no  means  unknown,  it  appears 
tit  have  been  ohtained  chiefly  through  the  Greek 
cities  of  Asia  Minor  and  the  adjacent  islands,  which 
possessed  it  in  abundance.  The  Homeric  poems 
speak  constantly  of  gold  being  laid  up  in  treasuries, 
and  used  in  large  quantities  for  the  purpose  of  or- 
nament ;  but  this  is  sufficiently  accounted  for  by 
the  fact  that  Homer  was  an  Asiatic  Greek.  The 
chief  places  from  which  the  Greeks  procured  their 
gold  were  India,  Arabia,  Armenia,  Colchis,  and 
Trees.  It  was  found  mixed  with  the  sands  of  the 
Pactolus  and  other  rivers. 

Greek  Gold  Money. — The  time  when  gold  was 
first  coined  at  Athens  is  very  uncertain.  Aristoph- 
anes speaks  in  the  Frogs  (406  B.C.)  of  to  kclivov 
Xpvaiov,  "  the  new  gold  money,"7  which  he  imme- 
diately afterward  calls  Tcovnpa  x^Kta.9    The  scho- 

1.  (Tacit.,  Ann.,  i.,  10.— Suet.,  Octav.,  52.— Dion,  li.,  20.)— 
2.  (320,  10.)— 3.  (Dion,  lvi.,  46.)— 4.  (Orelli,  Inscrip.,  2366, 
2368.) — 5.  (Hesych.  in  vocibus. — Pollux,  Onom.,  iv.,  67. — Sal- 
mas.,  Plin.  Exer.,  p.  120,  a.  6. — Bartholin!,  De  Tibiis,  p.  62.)  — 
fi  (v.,  1038.)— 7  (v.,  719.)— 8.  (v.,  724.) 
128 


liast  on  this  passage  states  that  in  tie  pieceding 
year  the  golden  statues  of  Victory  had  been  coined 
into  money,  and  he  quotes  Hellanicus  and  Philo- 
chorus  as  authorities  for  this  statement.     It  would 
appear  from  the  language  both  of  Aristophanes  and 
the  scholiast,  and  it  is  probable,  from  the  circum- 
stances of  Athens  at  the  time  (it  was  the  year 
before  the  battle  of  iEgospotami),  that  this  was  a 
greatly  debased  gold  coinage,  struck  to  meet  a  par- 
ticular exigency.     This  matter  is  distinct  from  the 
general  question  respecting  the  Athenian  gold  coin- 
age, for  the  Attic  money  was  proverbial  for  its 
purity ,  and  the  grammarians,  who  state  that  Athens 
had  a  gold  coinage  at  an  early  period,  speak  of  it  as 
very  pure.     There  are  other  passages  in  Aristopha- 
nes in  which  gold  money  is  spoken  of,  but  in  them 
he  is  referring  to  Persian  money,  which  is  known 
to  have  been  imported  into  Athens  before  the  Athe- 
nians had  any  gold  coinage  of  their  own ;  and  even 
this  seems  to  have  been  a  rarity.1     Demosthenes 
always  uses  apyvptov  for  money,  except  when  he  is 
speaking  of  foreign  gold.     In  the  speech  against 
Phormio,  where  he  repeatedly  uses  the  word  xPv~ 
aiov,  we  are  expressly  told  what  was  the  money  he 
referred  to,  namely,  120  staters  of  Cyzicus.2    Isoc- 
rates,  who  uses  the  word  in  the  same  way,  speaks 
in  one  passage  of  buying  gold  money  (xpvauvecv)  in 
exchange  for  silver.3      In  many  passages  of  the 
orators,  gold  money  is  expressly  said  to  have  been 
imported  from  Persia  and  Macedonia.     If  we  look 
at  the  Athenian  history,  we  find  that  the  silver 
mines  at  Laurion  were  regarded  as   one  of  the 
greatest  treasures  possessed  by  the  state ;  but  no 
such  mention  is  made  of  gold.     Thucydides.4  in 
enumerating  the  money  in  the  Athenian  treasury  at 
the  beginning  of  the  Peloponnesian  war,  does  not 
mention  gold  ;  and  Xenophon  speaks  of  the  monej 
of  Athens  in  a  manner  which  would  lead  us  to  sup- 
pose that  it  had  no  gold  coinage  in  his  time.*    The  * 
mines    of    Scaptehyle,  in   Thrace,   were   indeed 
worked  some  years  before  this  period,6  but  Ihe  gold 
procured  from  them  does  not  appear  to  have  been 
coined,  but  to  have  been  laid  up  in  the  treasury  in 
the  form  of  counters  ((pdoUeg1).     Foreign  gold  coin 
was  often  brought  into  the  treasury,  as  some  of  the 
allies  paid  their  tribute  in  money  of  Cyzicus.     The 
gold  money  thus  introduced  may  have  been  allowed 
to  circulate,   while  silver   remained    the   current 
money  of  the  state. 

The  character  of  the  Attic  gold  coins  now  in  ex 
istence,  and  their  small  number  (about  a  dozen),  is 
a  strong  proof  against  the  existence  of  a  gold  cur- 
rency at  Athens  at  an  early  period.  There  are 
three  Attic  staters  in  the  British  Museum,  and  one 
in  the  Hunterian  Museum  at  Glasgow,  which  there 
is  good  reason  to  believe  are  genuine ;  their  weights 
agree  exactly  with  the  Attic  standard.  In  the 
character  of  the  impression,  they  bear  a  striking  re- 
semblance to  the  old  Attic  silver  ;  but  they  diffe- 
from  it  by  the  absence  of  the  thick,  bulky  form,  anc. 
the  high  relief  of  the  impression  which  is  seen  ir, 
the  old  silver  of  Athens,  and  in  the  old  gold  coins 
of  other  states.  In  thickness,  volume,  and  the 
depth  of  the  die  from  which  they  were  struck,  they 
closely  resemble  the  Macedonian  coinage.  Now, 
as  upon  the  rise  of  the  Macedonian  empire,  golJ 
became  plentiful  in  Greece,  and  was  coined  in  large 
quantities  by  the  Macedonian  kings,  it  is  not  im- 
probable that  Athens,  like  other  Grecian  states, 
may  have  followed  their  example,  and  issued  a  gold 
coinage  in  imitation  of  her  ancient  silver.  On  the 
whole,  it  appears  most  probable  that  gold  money 

1.  (Vid.   Aristoph.,   Acharn.,  v.,    102,   108— Equit.,  v.,  470 
—  Av.,  v.,   574.)  —  2.  (p.   914.  —  Compare    his    speech,  irpdj 
Aa/cp<V.,  p.  935.)  —  3.  (Trapezit.,  p.  367.)  -4.  (ii.,  13.)  —  ? 
(Vectigal,  iv.,   10.)— 6.    (Taucyd.,  iv.,   105.)— 7.   (Bockh,  I 
scrip.,  vol.  i.,  p.  145,  146.; 


AUR13M. 


AURUM  CORONARIUM. 


was  not  coined  at  Athens  in  the  period  between 
Pericles  and  Alexander  the  Great,  if  we  except  the 
solitary  issue  of  debased  gold  in  the  year  407. 

A  question  similar  to  that  just  discussed  arises 
with  respect  to  other  Greek  states,  which  we  know 
to  have  had  a  silver  currency,  but  of  which  a  few 
gold  coins  are  found.  This  is  the  case  with  -^Egina, 
Thebes,  Argos,  Carystus  in  Eubo^a,  Acarnania,  and 
^Etolia.  But  of  these  coins,  all  except  two  bear 
evident  marks,  in  their  weight  or  workmanship,  of 
belonging  to  a  period  not  earlier  than  Alexander 
the  Great.  There  is  great  reason,  therefore,  to 
believe  that  no  gold  coinage  existed  in  Greece 
Proper  before  the  time  of  that  monarch. 

But  from  a  very  early  period  the  Asiatic  nations, 
and  the  Greek  cities  of  Asia  Minor  and  the  adjacent 
islands,  as  well  as  Sicily  and  Cyrene,  possessed  a 
gold  coinage,  which  was  more  or  less  current  in 
Greece.  Herodotus'  says  that  the  Lydians  were 
the  first  who  coined  gold,  and  the  stater  of  Croesus 
appears  to  have  been  the  earliest  gold  coin  known 
to  the  Greeks.  The  Dane  was  a  Persian  coin. 
Staters  of  Cyzicus  and  Phocaea  had  a  considerable 
currency  in  Greece.  There  was  a  gold  coinage  in 
Samos  as  early  as  the  time  of  Polycrates.3  The 
islands  cf  Siphnus  and  Thasos,  which  possessed 
gold  mines,  appear  to  have  had  a  gold  coinage  at 
an  early  period.  In  most  of  the  coins  of  the  Greek 
cities  of  Asia  Minor  the  metal  is  very  base.  The 
Macedonian  gold  coinage  came  into  circulation  in 
Greece  in  the  time  of  Philip,  and  continued  in  use 
till  the  subjection  of  Greece  to  the  Romans.  (Vid. 
Daricus,  Stater.) 

Roman  Gold  Money. — The  standard  gold  coin 
of  Rome  was  the  aureus  minimus,  or  denarius  aure- 
us, which,  according  to  Pliny,3  was  first  coined  62 
years  after  the  first  silver  coinage  (vid.  Argentum), 
that  is,  in  the  year  207  B.C.  The  lowest  denomi- 
nation was  the  scrupulum,  which  was  made  equal 
to  20  sestertii.  The  weight  of  the  scrupulum,  as 
determined  by  Mr.  Hussey,*  was  1806  grs.  In  the 
British  Museum  there  are  gold  coins  of  one,  two, 
three,  and  four  scrupula,  the  weights  of  which  are 
17  2,  345,  518,  and  689  grains  respectively.  They 
bear  a  head  of  Mars  on  one  side,  and  on  the  other 
an  eagle  standing  on  a  thunderbolt,  and  beneath 
the  inscription  "  Roma."  The  first  has  the  mark 
xx  (20  sestertii)  ;  the  second,  xxxx  (40  sestertii) : 
the  third,  vi^x  (60  sestertii).  Of  the  last  we  sub- 
join an  engraving  : 


Pliny  adds,  that  afterward  aurei  were  coined  of 
40  to  the  pound,  which  weight  was  diminished,  till, 
under  Nero  (the  reading  of  this  word  is  doubtful), 
they  were  45  to  the  pound.  This  change  is  sup- 
posed, from  an  examination  of  extant  specimens, 
to  have  been  made  in  the  time  of  Julius  Caesar. 
The  estimated  full  weight  of  the  aurei  of  40  to  the 
pound  is  130  1  grains  ;  of  those  of  45  to  the  pound, 
115  64  grains.  No  specimens  exist  which  come  up 
to  the  130  1  grains ;  the  heaviest  known  is  one  of 
Pompey,  which  weighs  1282  grains.  The  average 
of  the  gold  coins  of  Julius  Caesar  is  fixed  by  Le- 
tronne  at  125  66  grains,  those  of  Nero,  11539 
grains.  Though  the  weight  of  the  aureus  was 
diminished,  its  proportion  to  the  weight  of  the  de- 
narius remained  about  the  same,  namely,  as  2  :  1 
(or  rather,  perhaps,  as  21  :  1).  Therefore,  since 
the   standard  weight  of  the  denarius,  under  the 

1.  fi.,  94.) — 2.  (Herod.,  iii.,  56.)— 3.  (H.  N.,  xxxiii.,  13.) 
f  Ancient  Weights  and  Money.) 

R 


early  emperors,  was  60  grains,  that  of  the  aureus 
should  be  120.  The  average  weight  of  the  aurei 
of  Augustus,  in  the  British  Museum,  is  1212A 
grains  :  and  as  the  weight  was  afterward  dimin- 
ished, we  may  take  the  average  at  120  grains. 

There  seems  to  have  been  no  intentional  alloy  in 
the  Roman  gold  coins,  but  they  generally  contained 
a  small  portion  of  native  silver.     The  average  alloy 


is 


300" 


The  aureus  of  the  Roman  emperors,  therefore, 
contained  ^££—4  of  a  grain  of  alloy,  and,  there- 
fore, 1196  grains  of  pure  gold.  Now  a  sovereign 
contains  113  12  grains  of  pure  gold.  Therefore  the 
value  of  the  aureus  in  terms  of  the  sovereign  is 
wi:i%— 1*0564=1/.  Is.  Id.  and  a  little  more  than 
a  halfpenny.  This  is  its  value  according  to  the 
present  worth  of  gold ;  but  its  current  value  in 
Rome  was  different  from  fhis,  on  account  of  the 
difference  in  the  worth  of  the  metal.  The  aureus 
passed  for  25  denarii ;  therefore,  the  denarius  being 
8±d.,  it  was  worth  17s.  8^d.  The  ratio  of  the 
value  of  gold  to  that  of  silver  is  given  in  the  arti- 
cle Argentum. 

The  following  cut  represents  an  aureus  of  Au- 
gustus in  the  British  Museum,  which  weighs  121 
grains : 


Alexander  Severus  coined  pieces  of  one  half  anu 
one  third  of  the  aureus,  called,  semissis  and  trcmis- 
sis,1  after  which  time  the  aureus  was  called  solidus 

Constantine  the  Great  coined  aurei  of  72  to  the 
pound,  at  which  standard  the  coin  remained  to  the 
end  of  the  Empire.2 

AURUM  CORONA'RIUM.  When  a  general  in 
a  Roman  province  had  obtained  a  victory,  it  was 
the  custom  for  the  cities  in  his  own  provinces,  and 
for  those  from  the  neighbouring  states,  to  send 
golden  crowns  to  him,  which  were  carried  before 
him  in  his  triumph  at  Rome.3  This  practice  ap- 
pears to  have  been  borrowed  from  the  Greeks  ;  for 
Chares  relates,  in  his  history  of  Alexander,*  that 
after  the  conquest  of  Persia,  crowns  were  sent  to 
Alexander  which  amounted  to  the  weight  of  10,500 
talents.  The  number  of  crowns  which  were  sent 
to  a  Roman  general  was  sometimes  very  great. 
Cn.  Manlius  had  200  crowns  carried  before  him  in 
the  triumph  which  he  obtained  on  account  of  his 
conquest  of  the  Gauls  in  Asia.5  In  the  time  of 
Cicero,  it  appears  to  have  been  usual  for  the  cities 
of  the  provinces,  instead  of  sending  crowns  on  oc- 
casion of  a  victory,  to  pay  money,  which  was  called 
aurum  coronarium.6  This  offering,  which  was  at 
first  voluntary,  came  to  be  regarded  as  a  regular 
tribute,  and  seems  to  have  been  sometimes  exacted 
by  the  governors  of  the  provinces  even  when  no 
victory  had  been  gained.  By  a  law  of  Julius  Cae- 
sar,7 it  was  provided  that  the  aurum  coronarium 
should  not  be  given  unless  a  triumph  was  decreec" ; 
but  under  the  emperors  it  was  exacted  on  many 
other  occasions,  as,  for  instance*  on  the  adoption  of 
Antoninus  Pius.8  It  continued  to  be  collected,  ap- 
parently as  a  part  of  the  revenue,  in  the  time  of 
Valentinian  and  Theodosius.9 


1.  (Lamprid.,  Alex.  Sev.,  c.  39.)— 2.  (Cod.  x.,  tit.  70,  s.  5.— 
Hussey  on  Ancient  Weights  and  Money.— Wurm,  De  Pond., 
&c.)— 3.  (Liv.,  xxxviii.,  37 ;  xxxix.,  7.— Festus,  s.  v.  Trium- 
phales  Coronae.) — 4.  (ap.  Athen.,  xii.,  p.  539,  A.)— 5.  (Liv, 
xxxix.,  7.)— 6.  (Cic.,  Leg.  Agr.,  ii.,  22.— Aul.  Gell.,  v.,  6.— 
Monum.  Ancyr.)—  7.  (Cic.  in  Pis.,  c.  37.)— 8.  (Capitohn.,  Anton 
Pius,  c.  4.)— 9.  (Cod.  x.,  tit.  74.) 

129 


AUSPICIUM. 


AUSPICIUM. 


Servius  says1  that  aurum  coronanum  was  a  sum 
of  money  exacted  from  conquered  nations,  in  con- 
sideration of  the  lives  of  the  citizens  being  spared ; 
but  this  statement  does  not  appear  to  be  correct. 

AURUM  LUSTRA'LE  was  a  tax  imposed  by 
Constantine,  according  to  Zosimus,3  upon  all  mer- 
chants and  traders,  which  was  payable  at  every 
lustrum,  or  every  four  years,  and  not  at  every  five, 
as  might  have  been  expected  from  the  original 
length  of  the  lustrum.  This  tax  was  also  called 
auri  el  argenti  collalio  or  prastatio,  and  thus,  in 
Greek,  rj  avvreXeca  tj  tov  xpvcapyvpov.3  It  appears 
from  an  inscription  in  Gruter*  that  there  was  a  dis- 
tinct officer  appointed  to  collect  this  tax  {auri  lus- 
tralis  coactor). 

AUSPICIUM  originally  meant  a  sign  from  birds. 
The  word  is  derived  from  avis,  and  the  root  spec. 
As  the  Roman  religion  was  gradually  extended  by 
additions  from  Greece  and  Etruria,  the  meaning  of 
the  word  was  widened,  so  as  to  include  any  super- 
natural sign.  The  chief  difference  between  auspi- 
cium  and  augurium  seems  to  have  been,  that  the 
latter  term  is  never  applied  to  the  spectio  of  the 
magistrate.     (Vid.  Augur.) 

Whoever  has  thought  on  this  part  of  the  Roman 
religion  cannot  but  feel  astonished  at  its  exceeding 
simplicity.  The  rudest  observations  on  the  instinct 
of  birds,  such  as  the  country  people  make  in  all 
ages,  were  the  foundation  of  the  Roman  belief. 
The  system  outlived  the  age  for  which  it  was 
adapted  and  in  which  it  arose.  Its  duration  may 
be  attributed  to  its  convenience  as  a  political  in- 
strument :  at  length,  as  learning  and  civilization  in- 
creased, it  ceased  to  be  regarded  in  any  other  light. 

Yet,  simple  as  the  system  appears,  of  its  innu- 
merable details  only  a  faint  outline  can  be  given.5 
Birds  were  divided  into  two  classes,  oscines  and 
frczpetes ;  the  former  gave  omens  by  singing,  the 
latter  by  their  flight  and  the  motion  of  their  wings. 
Every  motion  of  every  bird  had  a  different  mean- 
ing, according  to  the  different  circumstances  or 
times  of  the  year  when  it  was  observed.  Many 
signs  were  supposed  to  be  so  obvious,  that  any,  not 
Minded  by  fate,  might  understand  them ;  and  much 
was  not  reducible  to  any  rule,  the  meaning  of  which 
could  only  be  detected  by  the  discrimination  of  au- 
gurs. 

Another  division  of  birds  was  into  dextra  and 
sinistra,  about  the  meaning  of  which  some  difficulty 
has  arisen,  from  a  confusion  of  Greek  and  Roman 
notions  in  the  writings  of  the  classics.  The  Greeks 
and  Romans  were  generally  agreed  that  auspicious 
signs  came  from  the  east ;  but  as  the  Greek  priest 
turned  his  face  to  the  north,  the  east  was  on  his 
right  hand ;  the  Roman  augur,  with  his  face  to  the 
south,  had  the  east  on  his  left.  The  confusion  was 
farther  increased  by  the  euphemisms  common  to 
both  nations  ;  and  the  rule  itself  was  not  universal, 
at  least  with  the  Romans  :  the  jay  when  it  appeared 
on  the  left,  the  crow  on  the  right,  being  thought  to 
give  sure  omens.6 

The  auspices  were  taken  before  a  marriage,7  be- 
fore entering  on  an  expedition,8  before  the  passing 
of  laws  or  election  of  magistrates,  or  any  other  im- 
portant occasion,  whether  public  or  private.  Can- 
didates for  public  offices  used  to  sleep  without  the 
walls  on  the  night  before  the  election,  that  they 
might  take  the  auspices  before  daylight.  In  early 
times,  such  was  the  importance  attached  to  them, 
that  a  soldier  was  released  from  the  military  oath 
if  the  auspices  had  not  been  duly  performed. 


1.  (In  Virg.,  J5n.,  viii.,721.)— 2.  (ii.,  38.)— 3.  (Cod.  11,  tit.  1. 
—Cod.  Theodos.,  13,  tit.  1.)— 4.  (p.  347, n. 4.)— 5.  (Vid.  Niphus, 
De  Auguriis  — Bulengre,  De  Aug. — Dempster,  Antiq.  Rom.,  lib. 
Hi.;— 6.  (Hor.,  Od.,  III.,  xxvii.,  11-16.— Ep.,  I.,vii.,  52.— Virg., 
^En.,  ii.,  633.— Eclog.,  ix.,  15.— Persius,  Sat.,  v.,  114.)— 7.  (Cic, 
f>»  Div.,i.,  11.)— 8  'Plut  Marc.  Crass.) 
130 


The  commander-in-chief  of  an  army  received  tua 
auspices,  together  with  the  imperium,  and  a  war 
was  therefore  said  to  be  carried  on  ductu  et  auspicio 
imperatoris,  even  if  he  were  absent  from  the  army  ; 
and  thus,  if  the  legatus  gained  a  victory  in  the 
absence  of  his  commander,  the  latter,  and  not  his 
deputy,  was  honoured  by  a  triumph. 

The  ordinary  manner  of  taking  the  auspices  waa 
as  follows :  The  augur  went  out  before  the  dawn 
of  day,  and,  sitting  in  an  open  place,  with  his  head 
veiled,  marked  out  with  a  wand  (lituus)  the  divis- 
ions  of  the  heavens.  Next  he  declared,  in  a  sol- 
emn form  of  words,  the  limits  assigned,  making 
shrubs  or  trees,  called  tesqua,1  his  boundary  on  earth 
correspondent  to  that  in  the  sky.  The  templum 
augurale,  which  appears  to  have  included  both,  was 
divided  into  four  parts  :  those  to  the  east  and  west 
were  termed  sinistra  and  dextrce ;  to  the  north  and 
south,  antica  and  postica.  (Vid.  Agrimensores  ) 
If  a  breath  of  air  disturbed  the  calmness  of  the 
heavens  (si  silentium  non  esset*),  the  auspices  could 
not  be  taken,  and,  according  to  Plutarch,3  it  was  for 
this  reason  the  augurs  carried  lanterns  open  to  the 
wind.  After  sacrificing,  the  augur  offered  a  prayei 
for  the  desired  signs  to  appear,  repeating,  after  an 
inferior  minister,  a  set  form :  unless  the  first  ap- 
pearances were  confirmed  by  subsequent  ones,  they 
were  insufficient.  If,  in  returning  home,  the  augur 
came  to  a  running  stream,  he  again  repeated  a 
prayer,  and  purified  himself  in  its  waters  ;  other- 
wise the  auspices  were  held  to  be  null. 

Another  method  of  taking  the  auspices,  more 
usual  on  military  expeditions,  was  from  the  feeding 
of  birds  confined  in  a  cage,  and  committed  to  the 
care  of  the  pullarius.  An  ancient  decree  of  the  col- 
lege of  augurs  allowed  the  auspices  to  be  taken 
from  any  bird.*  When  all  around  seemed  favour- 
able (silentio  facto,  h.  e.  quod  omni  vitio  caret),  either 
at  dawn5  or  in  the  evening,  the  pullarius  opened 
the  cage,  and  threw  to  the  chickens  pulse,  or  a  kind 
of  soft  cake.  If  they  refused  to  come  out,6  or  to 
eat,  or  uttered  a  cry  (occinerent),  or  beat  their  wings, 
or  flew  away,  the  signs  were  considered  unfavour- 
able, and  the  engagement  was  delayed.  On  the 
contrary,  if  they  ate  greedily,  so  that  something  fell 
and  struck  the  earth  (tripudium  solistimum,7  tripu- 
dium  quasi  terripavium,  solistimum,  from  solum,  the 
latter  part  of  the  word  probably  from  the  root  of  sti- 
mulo),  it  was  held  a  favourable  sign.  Two  other 
kinds  of  tripudia  are  mentioned  by  Festus,  the  tri- 
pudium oscinum,  from  the  cry  of  birds,  and  sonivium, 
from  the  sound  of  the  pulse  falling  to  the  ground.8 

The  place  where  the  auspices  were  taken,  called 
auguraculum,  augurale,  or  auguratorium,  was  open 
to  the  heavens :  one  of  the  most  ancient  of  these 
was  on  the  Palatine  Hill,  the  regular  station  for  the 
observations  of  augurs.  Sometimes  the  auspices 
were  taken  in  the  Capitol,  or  in  the  pomcerium.  Ir. 
the  camp,  a  place  was  set  apart  to  the  right  of  the 
general's  tent.9  On  other  occasions,  when  the 
auspices  were  taken  without  the  walls,  the  augui 
pitched  a  tent  after  a  solemn  form  :  if  he  repassed 
the  pomcerium  without  taking  the  auspices,  it  wa« 
necessary  that  the-  tent  should  be  taken  down  and 
dedicated  anew.10 

The  lex  iElia  and  Fufia  provided  that  no  assem- 
blies of  the  people  should  be  held,  nisi  prius  de  ccelo 
servalum  esset.11  It  appears  to  have  confirmed  to 
the  magistrates  the  power  of  obnunciatio,  or  of  inter- 
posing a  veto.     (Vid.  Augur.) 

Auspicia  were  said  to  be  clivia,  prohibitory,  impe- 

1.  (Varro,  De  Ling.  Lat.,  vi.,  4.)— 2.  (Cic,  De  Div.,  ii.,  34.) 
—3.  (QuiEst.  Rom.)— 4.  (Cic.,  De  Div.,  ii.,  34.)— 5.  (Liv.,  x.. 
40.)— 6.  (Val.  Max.,  i.,  4  )— 7.  (Cic,  De  Div.,  ii.,  34.)— 8.  (Cic, 
Ep.  ad  Fam.,  vi.,  6— Serv.  in  ^En.,  iii.,  90 :  "  Tremere  omnia, 
visa  repente.")— 'J.  (Tacit.,  Ann.,  ii.,  13.)— 10.  (Val.  Max..  i..  I.' 
—11.  (Cic,  Pro  Sextio,  c.  17.— Pro  Vat.,  c.  9.) 


AUTONOMI. 


BACCAR. 


'rativa  or  impetrita,  obtained  by  prayer,  opposed  to 
iblativa,  spontaneous  ;  majora  those  of  the  higher, 
minora  of  the  inferior  magistrates  ;  coacta,  when  the 
-hickens  were  starved  by  the  pullarius  into  giving 
favourable  signs  -,1  ef  acuminibus,  from  the  bright- 
ness or  sharpness  o\  weapons,  an  art  which  Cice- 
ro8 laments  as  lost  in  nis  own  day  ;  juge  auspicium, 
from  birds  reappearing  in  pairs  ;  pedestre,  from  ani- 
mals ;  cozleste  (diocnfiia),  from  lightning,  &c. ;  prce- 
termine,  before  passing  the  borders  (diadarnpia) ; 
perenne,  before  crossing  a  river ;  viale  (eivodiov), 
an  omen  in  the  way.3 

Augurium  salutis  was  taken  once  during  the  year, 
and  only  in  time  of  peace,*  to  inquire  of  the  gods 
concerning  the  well-being  of  the  state. 

The  avis  sangualis  (a  kind  of  eagle,  probably  the 
osprey)  was  so  called  from  the  Sabine  god  Sancus, 
as  were  the  Titia  aves,  according  to  Varro,6  from 
the  sodales  Titii.  Both  were  in  high  esteem  with 
the  augurs.  The  owl,  the  swallow,  the  jay,  the 
woodpecker,  were  almost  always  inauspicious  :  the 
eagle,  the  bird  of  Jupiter,  on  the  other  hand,  was 
generally  a  messenger  of  good,  as  also  the  heron. 
The  crow,  before  a  marriage,  was  considered  an 
omen  of  matrimonial  happiness. 

The  curious  in  such  matters  may  find  a  vast 
number  of  similar  particulars  in  Bulengre,6  which 
is  printed  in  the  fifth  volume  of  the  Thesaurus  of 
Graevius. 

*AUSTERA'LIS,  a  plant  mentioned  by  Apuleius, 
and  the  same  with  the  Sisymbrium.  (Vid.  Sisym- 
brium.) 

*AUTACHA'TES  (avraxdrng),  a  species  of  Agate, 
which  diffused,  when  burned,  according  to  Pliny,  a 
fragrance  resembling  that  of  myrrh.  Salmasius 
conjectures  stactachates,  in  the  text  of  Pliny,  for  au- 
tachatcs :  "  Stactachates  sic  dictus,  quod  stactcs  odo- 
rem,  id  est  myrrhce,  haberet  ustus."  He  has  no  MS. 
authority,  however,  in  his  favour.7 

AUTHENTIC  A.     (Vid.  Novelue.) 

AUTHEPSA  (avdi^rjc),  which  literally  means 
"  self-boiling"  or  "  self-cooking,"  was  the  name  of  a 
vessel,  which  is  supposed  by  Bottiger  to  have  been 
used  for  heating  water,  or  for  keeping  it  hot.  Its 
form  is  not  known  for  certain ;  but  Bottiger8  con- 
jectures that  a  vessel,  which  is  engraved  in  Cay- 
lus,  is  a  specimen  of  an  authepsa.9 

Cicero10  speaks  of  authepsae  among  other  costly 
Corinthian  and  Delian  vessels.  In  later  times  they 
were  made  of  silver.11  Voss,  in  his  commentary  on 
Catullus,13  compares  this  vessel  with  the  Greek  lir- 
voAeBrjc,  which  occurs  in  Lucian13  and  Athenaeus.14 

ATTOMOA'IAS  ITA$H  (avrofiollac  ypatyr))  was 
the  accusation  of  persons  charged  with  having  de- 
serted and  gone  over  to  the  enemy  during  war. 
There  are  no  speeches  extant  upon  this  subject. 
Petitus,  however,  collects14  from  the  words  of  a 
commentator  upon  Demosthenes  (Ulpian),  that  the 
Dunishment  of  this  crime  was  death.  Meier16  awards 
the  presidency  of  the  court  in  which  it  was  tried  to 
the  generals  ;  but  the  circumstance  of  persons  who 
left  the  city  in  times  of  danger,  without  any  inten- 
tion of  going  over  to  the  enemy,  being  tried  by  the 
Areiopagus  as  traitors  (irpodoTai17),  will  make  us 
pause  before  we  conclude  that  persons  not  enlisted 
as  soldiers  could  be  indicted  of  this  offence  before  a 
military  tribunal. 

AUTON'OMI  (airovofiot)  was  the  name  given  by 

1.  (Cic,  De  Div.,  ii.,  35.)— 2.  (De  Div.,  ii.,  30.)— 3.  (Hor., 
Od.,  III.,  xxvii.,  1-7.)— 4.  (Dion,  li.,  p.  457.)— 5.  (De  Ling.  Lat., 
iv.,  15  ;  the  same  with  titus,  a  sort  of  dove.) — 6.  (De  Auguriis, 
lib.  ii.)— 7.  (Plin.,  H.  N.,  xxxvii.,  54— Salmas.  in  loc.)— 8.  (Sa- 
bina,  vol  ii.,  p.  30.)— 9.  (Recueil  d'Antiquites,  vol.  ii.,  tab.  27.) 
-10.  (P_":>  Rose.  Amer.,  c.  46.)— 11.  (Lampriu.,  Heliogab.,  19; 
iut  the  Teading- is  doubtful.)— 12.  (p.  318.)— 13.  (Lexiph.,  8.)— 
»4.  (Casaubon,  Animadv.  in  Athen.,  iii.,  20.)— 15.  (Leg.  Att., 
174.)— 10.  (Att.  Process,  36s  )  —  17.  (^Esch.  in  Ctcs.,  106, 
Tayl. — Lycurg.,  c  Leocrat.) 


the  Greeks  to  those  states  which  were  got  ernea  by 
their  own  laws,  and  were  not  subject  to  any  foreign 
power.1  This  name  was  also  given  to  those  cities 
subject  to  the  Romans,  which  were  permitted  tc 
enjoy  their  own  laws,  and  elect  their  own  magis- 
trates (Omnes,  suis  legibus  et  judiciis  usa  avrovo- 
fxiav  adeptce,  revixerunt*).  This  permission  was  re- 
garded as  a  great  privilege  and  mark  of  honoui  , 
and  we  accordingly  find  it  recorded  on  coins  and 
medals,  as,  for  instance,  on  those  of  Antioch,  AN- 
TIOXE&N  MHTPOIIOA.  ATTONOMOT  ;  on  those 
of  Halicarnassus,  AAIKAPNACCEflN  AYTONO- 
M£2N,  and  on  those  of  many  other  cities.3 

ATTOTEAH2  AIKH.     (Vid.  Dike.) 

AUXILIA'RES.     (Vid.  Seen.) 

AXAMENTA.     (Vid.  Salii.) 

AXI'NE  (u^lvri).    (Vid.  Securis.) 

AX'ONES  (u^ovec)  were  wooden  tablets  zt  « 
square  or  pyramidal  form,  made  to  turn  on  an  axis, 
on  which  were  written  the  laws  of  Solon.  They 
were  at  first  preserved  in  the  Acropolis,  but  were 
afterward  placed,  through  the  advice  of  Ephialtes, 
in  the  Agora,  in  order  that  all  persons  might  be  able 
to  read  them.*  According  to  Aristotle,5  they  were 
the  same  as  the  KvpSpe-ic.  A  small  portion  of  them 
was  preserved  in  the  time  of  Plutarch  (I.  c.)  in  the 
Prytaneum.6 

B. 

BABYLO'NICUM,  a  Babylonian  shawl.  The 
splendid  productions  of  the  Babylonian  looms,  which 
appear,  even  as  early  as  the  days  of  Joshua,  to  have 
excited  universal  admiration,7  were,  like  the  shawls 
of  modern  Persia,  adorned  both  with  gold  and  with 
variously  coloured  figures.  Hence  Publius  Syrus9 
compares  a  peacock's  train  to  a  figured  Babyloni 
cum,  enriched  with  gold  (plumato  aureo  Babylomco). 
Lucretius9  and  Martial10  celebrate  the  magnificence 
of  these  textures,  and  Pliny11  mentions  the  enor- 
mous prices  of  some  which  were  intended  to  serve  as 
furniture  for  triclinia  (tricliniaria  Babylonica).  Nev- 
ertheless, Plutarch  informs  us,  in  his  life  of  the  elder 
Cato,  that  when  one  of  these  precious  shawls  (km- 
tXrifxa  tC)v  noiKilcov  BaSvXuvtKov)  was  bequeathed 
to  him,  he  immediately  gave  it  away.  ( Vid.  Pal- 
lium, Peristroma,  Stragulum.) 

BACCA.     (Vid.  Inauris,  Monile.) 

*BACCAR  or  BACC'ARIS  (pdicxapic),  a  plant. 
"  Even  in  ancient  times,"  remarks  Adams,  "  it  was 
a  matter  of  dispute  what  this  was.  Galen  says 
that  the  term  had  been  applied  both  to  an  herb  and 
a  Lydian  ointment.  Of  modern  authorities,  some 
have  supposed  it  to  be  Clary,  some  Fox-glove,  and 
some  Averts,  or  Bennet ;  but  all  these  opinions  are 
utterly  at  variance  with  its  characters  as  given  by 
Dioscorides."  Dr.  Martyn  remarks  that  many  hold 
it  to  be  spikenard,  but  he  is  rather  inclined  to  iden- 
tify it  with  the  Conyza  of  the  ancients.13  Matthio- 
lus,  in  like  manner,  and  Bauhin,  point  to  the  Cony- 
za squarrosa,  L. ;  which  I  think  the  most  probable 
conjecture  that  has  been  formed  respecting  it. 
though  it  does  not  satisfy  Sprengel.  Dierbach, 
however,  contends  for  its  being  the  Gnaphalium 
sanguineum,  or  Bloody  Cudweed.  Sprengel  oakes 
the  '  Baccar'  of  Virgil14  to  have  been  the  Valeriana 
Celtica,  Celtic  Valerian."15  A  species  of  aromatic 
oil  or  unguent  was  made  out  of  the  root  of  the 
Ba.ccar,  called  fianxdpivov  fivpov. 


■  1.  (Thucyd.,  v.,  18,  27.— Xen.,  Hellen.,  v.,  1,  Y  31.)— 2.  (Cic, 
ad  Att.,  vi.,  2.) — 3.  (Spanh.,  De  Prast.  et  Usu  Numisra.,  p. 
789,Amst.,  1671.)— 4.  (Plut.,  Sol.,  35.— Schol.  in  Aristoph  ,  At  ., 
1360  ;  and  the  authorities  quoted  in  Petit.,  Leg.  Att.,  p.  178, 
and  Wachsmuth,  i.,  1,  p.  266.)— 5.  (ap.  Plut.,  Sol.,  25.)— 6. 
(Compare  Paus.,  i.,  18,  $  3.)—  7.  (Josh.,  vii.,  21.)— 8.  (ap.  Pe- 
tron.,  c.  55.)— 9.  (iv.,  1023.)— 10.  (viii.,  28.)— 11.  (viii.,  74.)- 
12.  (iii.,  44.)— 13.  (in  Virg.,  Eclog.,  iv.,  19.)— 14.  (Yir<r.,  1.  c.)- 
15.  (Adams,  Append.,  s.  v      Billerbeck,  Flora  Classira,  p.  213., 

13  J 


J3AKTERIA. 


BALLOTE. 


BACCHANA'LIA.     (Vid.  Dionysia.; 

BACULUS,  dim.  BACILLUS,  BACILLUM  (pdK- 
xpov,  cKTJTrrpov),  a  staff,  a  walking-stick. 

The  aid  afforded  by  the  /3d/crpoi>  to  the  steps  of 
the  aged  is  recognised  in  the  celebrated  enigma  of 
the  Sphinx,  which  was  solved  by  CEdipus.1  In  his 
old  age,  CEdipus  himself  is  represented  asking  his 
daughter  for  the  same  support :  Bu/erpa  Trpoofyep',  u 
Teicvov.*  When,  in  Ovid's  Metamorphoses,  certain 
of  the  gods  (viz.,  Minerva3  and  Vertumnus4)  as- 
sume the  garb  of  old  women,  they  take  the  baculus 
to  lean  upon.  On  the  other  hand,  an  old  man  in 
Juvenal,5  describing  himself  as  still  hale  and  vig- 
orous, says  that  he  walked  without  a  stick  (nullo 
dextram  subeunte  bacillo). 

If  the  loss  of  sight  was  added  to  infirmity,  the 
staff  was  requisite  for  direction  as  well  as  for  sup- 
port. To  the  blind  seer  Tiresias  one  was  given, 
which  served  him  instead  of  eyes  (uiya.  fidnrpov,6 
oKT/TTrpov7).  Homer  represents  him  as  carrying  it 
even  in  Erebus.8 

A  dutiful  and  affectionate  daughter  is  figuratively 
called  the  staff  of  her  aged  parents.  Thus  Hecuba 
describes  Polyxena  ((idnrpov9),  and  the  same  beau- 
tiful metaphor  is  applied  to  Antigone  and  Ismene, 
the  daughters  of  CEdipus  (GKr/irrpu10). 

The  staff  and  wallet  were  frequently  borne  by 
philosophers,  and  were  more  especially  characteris- 
tic of  the  Cynics.     (Vid.  Pera.) 

The  shepherds  also  used  a  straight  staff  as  well 
as  a  crook.  The  annexed  woodcut,  taken  from  a 
gem  in  the  Florentine  cabinet,  shows  the  attire  of  a 
Roman  shepherd  in  the  character  of  Faustulus,  who 
is  contemplating  the  she-wolf  with  Romulus  and 
Remus.  It  illustrates  what  Ovid1  *  says  of  himself 
in  his  exile : 

;,:  y.'nc  velim  baculo  pascere  nixus  ores." 


Among  the  gods,  iEsculapius,13  Janus,13  and  oc- 
casionally Somnus,1*  were  represented  as  old  men 
leaning  on  a  staff. 

It  appears  that  the  kings  of  Sparta  carried  a  trun- 
cheon (ftatcrnpta)  as  the  ensign  of  their  authority.15 
On  the  occasion  of  one  of  them  lifting  it  up  in  a 
threatening  attitude,  Themistocles  returned  the  cel- 
ebrated answer,  "  Strike,  but  hear."  In  reference 
to  this  custom,  the  truncheon  (baculus)  was  carried 
in  the  hand  by  actors  on  the  Roman  stage.16  The 
dicasts  at  Athens  received,  at  the  time  of  their  ap- 
pointment, a  (3a.KT7]pia  and  cvfiSolov  as  a  mark  of 
their  authority.17 

Crooked  sticks  were  carried  by  men  of  fashion  at 
Athens  (paicTvpiai  t&v  okoIiuv  ek  AaKedaifiovog16). 

As  baculus  was  a  general  term,  its  application  in 
rarious  specific  senses  is  farther  explained  under 
Lituus,  Pedum,  Sceptrum,  Virga. 

BAKTE'RIA  (f3aKTVpia).     (Vid.  Baculus.) 

1.  (Apollodor.,  iii.,  5. — Schol.  in  Eurip.,  Phoen.,  50.) — 2.  (Eu- 
rip.,  Phcen.,  1742.— Compare  1560.)— 3.  (vi.,  27.)— 4.  (xiv., 
655.)— 5.  (Sat.,  iii.,  27.)— 6.  (CaUim.,  Lav.  Pall.,  127.)— 7. 
(Apollodor.,  iii.,  6.)— 8.  (Od.,  xi.,  91.)— 9.  (Eurip.,  Hec,  278.)— 
10.  (Soph.,  (Ed.  Col.,  844,  1105.)— 11.  (De  Ponto,  i.,  8.)— 12. 
(Ovid,  Met.,  xv.,  655.)— 13.  (Fast.,  i.,  177.)— 14.  (Bas-relief  in 
Villa  Albani.)— 15-  (Thucyd.,  viii.,  84.— Duker  in  loc.)  — 16. 
(Suet.,  Ner.,  24.1—17.  (Demosth.,  De  Cor.,  p.  298.— Taylor  in 
loc.)— 18.  (Theo or rast.,  Clrar.,  5.) 
132 


BJEBIA  ^EMILTA  LEX.     {Vid.  Ambitus., 

*BAL^E'NA  (((>dlaiva),  the  Whale.  After  tin! 
conquest  of  Britain  by  the  Romans,  it  is  not  im- 
probable that  they  may  have  acquired  some  knowl- 
edge of  the  BalcBna  mysticetus,  or  Great  Greenland 
Whale,  and  that  it  may  be  the  Balcena  of  Britain  to 
which  Juvenal1  alludes.  The  ancients  were  also 
acquainted  with  the  Balana  Physalus,  the  Gibbar  or 
fin-fish.  ( Vid.  Physalus.)  There  can  be  no  doubt, 
however,  that  the  <j>dlaiva  of  Aristotle  and  ^Elian, 
as  well  as  of  Xenocrates  and  Galen,  was  the  Phy- 
seter  microps,  L.,  the  Cachalot  or  Spermaceti  whale.8 

♦BAL'ANUS  (pdlavoc).  I.  A  crustaceous  fish 
described  by  Aristotle  and  Xenocrates,  and  which, 
according  to  Coray,  is  the  Lepas  Balanus,  L.,  called 
in  English  the  Barnacle.3 

II.  (Bdlavoc  fivpeipucf/),  the  Nut-Ben,  from  which 
a  perfume  was  obtained  by  the  ancients.*  Djoscor- 
ides  says,  "  It  is  the  fruit  of  a  tree  resembling  the 
Myrica,  like  what  is  called  the  Pontic  bean,  the  in- 
ner part  of  which,  when  pressed,  like  bitter  almonds, 
emits  a  liquid  that  is  used  for  preparing  many  oint- 
ments." Moses  Charras  says  of  it,  "  The  Nut-Ben, 
called  by  the  Greeks  Balanus  Myrepsica,  by  the  Ro- 
mans Glans  Unguentaria,  affords  its  oil  by  pressing 
in  the  same  manner  as  other  fruits."  The  tree 
which  furnishes  the  Nut-Ben  has  got  the  name  of 
Hyperanthera  moringa,  Vahl.,  in  English,  the  Smooth 
Bonduc-tree.  "  It  is  worthy  of  remark,  that  the 
Nut-Ben  is  called  also  Myrobalanum  by  the  Greeks 
and  Romans,  a  term  which  it  is  important  that  the 
reader  should  not  confound  with  the  Myrobalans  of 
the  Arabians  and  of  the  moderns.  These  are  all 
stone-fruits  got  from  the  East.  The  only  Greek 
authors  who  make  mention  of  the  latter  are  Actua- 
rius,  Zosimus  Panopolita,  and  Myrepsus."5 

BAL'ATRO,  a  professional  jester,  buffoon,  or  par- 
asite.* In  Horace,7  Balatro  is  used  as  a  propef 
name — Servilius  Balatro.  An  old  scholiast,  in  com- 
menting on  this  word,  derives  the  common  word 
from  the  proper  names ;  buffoons  being  called  bala- 
trones,  because  Servilius  Balatro  was  a  buffoon : 
but  this  is  opposed  to  the  natural  inference  from  the 
former  passage,  and  was  said  to  get  rid  of  a  diffi- 
culty. Festus  derives  the  word  from  blatea,  and 
supposes  buffoons  to  have  been  called  balatrones, 
because  they  were  dirty  fellows,  and  were  covered 
with  spots  of  mud  (blatea),  with  which  they  got 
spattered  in  walking  ;  but  this  is  opposed  to  sound 
etymology  and  common  sense.  Another  writer  has 
derived  it  from  barathrum,  and  supposes  buffoons 
to  have  been  called  balatrones,  because  they,  so  to 
speak,  carried  their  jesting  to  market,  even  into  the 
very  depth  (barathrum)  of  the  shambles  (barathrum 
macelli*).  According  to  some  readings,  Lucretius9 
has  barathro  in  a  similar  sense  to  balatro.  Perhaps 
balatro  may  be  connected  with  bala-re  (to  bleat  like 
a  sheep,  and  hence)  to  speak  sillily.  It  is  probably 
connected  with  blatero,  a  busy-body.10  Balatrones 
were  paid  for  their  jests,  and  the  tables  of  the 
wealthy  were  generally  open  to  them  for  the  sake 
of  the  amusement  they  afforded  the  company. 

*BAL/ERUS  (ffdlepoc),  a  fish  of  the  Carp  species. 
Artedi  supposes  it  a  species  of  Cyprinus,  called  in 
French  Bordeliere,  and  in  German  Blick.11 

BALIS'TA,  BALLIS'TA.     (Vid.  Tormentum.) 

*BALLO'TE  (Pallurfi),  a  plant.  Pliny12  calls  it 
uporrum  nigrum,"  confounding,  apparently,  irpdoov 
with  npdoLov.    In  another  place1'  he  describes  it  as 


1.  (Sat.,  x.,  14.)— 2.  (Aristot.,  H.  A.,  i.,  5  ;  viii.,  2.— JElian, 
N.  A.,  ii.,  52;  v.,  48;  ix.,  50.  —  Adams,  Append.,  s.  v.) — 3. 
(Adams,  Append.,  s.  v.) — 4.  (Hor.,  Od.,  iii.,  29,  4.)  —  5.  (Dios- 
cor.,  iv.,  157. — Paul.  -<Egin.,  vii. — Plin.,  H.N.,xii.,31. — Adams, 
Append.,  s.  v.)— 6.  (Hor.,  Sat.,  I.,  ii.,  2.)— 7.  (Sat., II.,  viii.,  21.) 
—8.  (Hor.,  Ep.,  I.,  xv.,  31.)— 9.  (iii.,  966.)— 10.  (Aul.  Gell.,  i., 
15.)  —  11.  (Aristot.,  H.  A.,  viii.,  20.  —  Adams,  Append.,  s.  v.)— 
12.  (H.  N.,  xxvii.,  30.)— 13.  (H.  N.,  xx..  89.) 


BALTEUS. 


BALTEUS. 


a  species  of  Horehound,  under  the  name  of  "  Marru- 
bium nigrum,''''  which,  as  Hardouin  remarks,  is  evi- 
dently the  Ballote.1  Bauhin  accordingly  marks  his 
sixth  species  of  Marrubium,  namely,  his  Marrubium 
nigrum  fcetidum,  as  the  Ballote  Dioscor.  Sprengel 
refers  it  to  the  Ballote  nigra,  L.,  to  which  Miller 
gives  the  English  name  of  "  stinking  Black  Hore- 
hound." Sibthorp,  however,  prefers  a  species  of 
Dead  Nettle,  namely,  the  Lamium  Striatum.2 

BAI/NEUM.     (Vid.  Bath.) 

♦BAI/SAMUM  (fidlcauov),  the  Balsam-tree,  and 
also  the  Balsam  itself  exuded  from  it.  The  latter, 
however,  is  more  correctly  called  Opobalsamum. 
"Writers  describe  Opobalsamum,"  says  Moses 
Charras,  "  as  a  thick,  transparent  juice  or  liquor,  in 
smell  resembling  turpentine,  but  much  more  pleas- 
ing. It  ought  to  distil,  after  incision  made  in  the 
dog-days,  from  the  branches  of  a  shrub  called  Bal- 
samum.'"  Sprengel  gives  an  interesting  account  of 
the  Balsamum.  He  comes  to  the  conclusion  that 
the  Opobalsamum  is  the  product  of  two  different 
species  of  shrub,  namely,  the  Amyrus  Gileadensis 
and  the  A.  Opobalsamum,  which,  however,  are  re- 
ferred to  the  same  species  by  Belon.  The  most 
celebrated  balsam  among  the  Romans  was  the  one 
to  which  we  are  now  referring,  and  which  is  known 
at  the  present  day  by  the  names  of  Balsam  of  Judaea, 
Mecca,  Egypt,  and  Syria.  "There  are  different 
kinds  of  this  that  now  form  objects  of  commerce; 
but  the  one  which  the  Romans  prized  most,  namely, 
that  obtained  from  the  Amyrus  Opobalsamum,  rarely 
reaches  Europe,  being  nearly  all  consumed  in  the 
East.  What  is  sold  in  the  shops  is  an  inferior  kind 
of  Balsam,  obtained  by  decoction.  The  Arabs  at 
the  present  day  call  the  Amyrus  Opobalsamum  by  the 
name  of  bachdm,  which  we  may  recognise  as  the  A. 
Gileadensis  in  the  description  given  of  their  balsdn 
or  balasdn  by  Avicenna  and  Abdoul-Latif."3 

BAL'TEUS  (reTuiuuv),  a  belt,  a  shouider-belt,  a 
baldric. 

This  part  of  the  ancient  armour  was  used  to  sus- 
pend the  sword  ;  and,  as  the  sword  commonly  hung 
beside  the  left  hip,  its  belt  was  supported  by  the 
right  shoulder,  and  passed  obliquely  over  the  breast, 
as  is  seen  in  the  beautiful  cameo  here  introduced 
from  the  Florentine  Museum.  This  figure,  execu- 
ted by  Quintus,  the  son  of  Alexander,  is  supposed 
to  represent  Achilles,  and  may  be  compared  with 
that  of  the  Greek  warrior  in  p.  94,  which  shows 
tiie  sword-belt  descending  obliquely  over  the  back. 


EH©QgO 


I  he  figure  of  the  Roman  in  page  95,  on  the  other 
hand,  shows  a  belt  passing  over  the  left  shoulder, 
as  when  it  was  used  to  support  a  dagger  or  other 
weapon  hanging  on  the  right  side. 

T  i 

1.  (In  Plin.,  H.  N.,  xx.,  89.)- -2.  (Dioscor.,  iii.,  108.— Adams, 
Apoend.,  i.v.)  -3.  (D.oscor.,  i.,  18.— Theophrast..  ix.,  1  ;  ix.,  6.) 


In  the  Homeric  times  the  Greeks  also  used  a  belt 
to  support  the  shield,  which,  as  well  as  the  svvord, 
was  worn  by  them  on  the  left  side  ;  and  this  second 
belt  lay  over  the  other,  and  was  larger  and  hroadei 
than  it  (rehauuv  aoTcidog  ;l  77/iareoc  reXa/x&vnc  •*  da 
Trie  cvv  reXa/iuvi  ;3  Vid.  JEgis,  p.  26).  The  two 
belts  upon  the  breast  of  Ajax,  the  son  of  Tela- 
mon,  who  carried  a  remarkably  heavy  ^nield,  are 
mentioned  in  the  Iliad.*  But,  although  he  was 
saved  by  this  double  covering  from  being  wounded 
by  Hector's  spear,  yet  the  language  of  Homer5 
clearly  implies  that  the  practice  alluded  to  was-  on 
the  field  of  battle  productive  of  great  heat  and  an- 
noyance ;  and  this  circumstance  probably  led  to  the 
disuse  of  the  oppressive  shield-belt,  and  to  the 
invention  of  the  Carian  bxavov  by  which  it  was  su- 
perseded. (Vid.  Clipeus.)  The  ancient  practice 
must  also  have  occasioned  some  inconvenience  in 
putting  on  the  armour.  The  circumstance  to  which 
some  of  the  Alexandrine  critics  objected,  that  Homer 
makes  his  heroes  assume  the  shield  before  the  hel- 
met, may  be  explained  from  the  impossibility  of 
throwing  the  shield-belt  over  the  lofty  crest  of  the 
helmet,  supposing  the  helmet  to  have  been  put  on 
first ;  and  yet  a  warrior,  already  encumbered  with 
his  large  and  ponderous  shield,  might  have  had 
some  difficulty  in  putting  on  his  helmet.  The  very 
early  disuse  of  the  shield-belt  accounts  for  the  fact, 
that,  except  in  the  case  of  the  iEgis,  which  was 
retained  on  account  of  its  mythological  impor- 
tance, this  part  of  the  ancient  armour  is  never  ex- 
hibited in  paintings  or  sculptures.  Even  the  r.u- 
thor  of  the  Shield  of  Hercules6  supposes  it  to  be 
omitted. 

A  third  use  of  the  balteus  was  to  suspend  the 
quiver,  and  sometimes,  together  with  it,  the  bow. 
Hence  Nemesianus,  describing  the  dress  of  Diana, 
when  she  attires  herself  for  the  chase,  says, 

liCorrugesque  sinus gemmatus  balteus  artety 

And  a  similar  expression  (balteus  et  revocet  volucres 
in  pectore  sinus)  is  used  by  Livius  Andronicus  ;• 
because  the  belt,  besides  fulfilling  the  purpose  for 
which  it  was  intended,  of  supporting  the  quiver, 
also  confined  the  garments,  and  prevented  them 
from  being  blown  about  by  the  wind.  This  belt 
passed  over  the  right  shoulder  and  under  the  left 
arm,  in  the  same  manner  with  the  others. 

According  to  Theocritus,  Amphitryon  used  a 
sword-belt  made  of  cloth,  linen  being  probably  in- 
tended (veoKXuaTD  TEAapuvog9).  More  commonly 
the  belt,  whether  employed  to  support  the  sword, 
the  shield,  or  the  quiv2r,  was  made  of  leather  (re A- 
aucJGt  cKVTivoLGL10).  It  was  ornamented  (Qaeivog,11 
Insignis  balteus  auro12).  That  which  Agamemnon 
wore  with  his  shield  was  plated  with  silver,  and  on 
it  was  also  displayed  a  serpent  (dpdxuv13)  wrought  in 
blue  steel.  The  three  heads  of  the  serpent  (KetpaXai 
rpelq  du(piarpe<(fiec)  were  turned  back,  so  as  to  form 
hooks  for  fastening  the  two  ends  of  the  belt  togeth- 
er. When,  in  the  shades  below,  Ulysses  meets 
Hercules  armed  with  his  bow  and  arrows  (vid.  Ar- 
cus),  he  wears  on  his  breast  a  golden  belt  for  sus- 
pending his  quiver  (doprrjp  xpvoeoc  relapuv14),  on 
which  are  embossed  both  the  animals  of  the  chase 
and  exhibitions  of  the  slaughter  of  men.  In  a  par- 
sage  already  quoted,  Diana's  belt  is  described  as 
enriched  with  jewels.  In  like  manner,  JEneas  gives 
as  a  prize  in  the  games  at  his  father's  tomb  a  quiver 
full  of  arrows,  with  the  belt  belonging  to  it,  which 
was  covered  with  gold,  and  had  a  buckle,  or  rath- 


1.  (II.,  ii.,  388;  iii.,  334.— Schol.  ad  loc.)— 2.    (II.,  v.,  79fi- 
798.)— 3.  (II.,  xvi.,  803  )— 4.  (xiv.,  404-406.)— 5.  (11.  cc.)— 6.  (1. 
122-139.)— 7.  (Cyneg.,  91.)— 8.  (ap.  Terent.  Maur.)— 9.  (Idyll, 
xxiv.,  44.)— 10.  (Herod.,  i.,  171.)— II.  (II.,  xii.,  401.)-  12    ;Val 
Flac.,  v.,  139.)— 13.  (II  ,  xi  ,  39  )-14.  (Od.,  xi  ,  609.) 

A  33 


BALTEUS. 


banishment. 


er,  perhaps,  a  button  {fibula),  enriched  with  a  gem.1 
We  may  presume  that,  in  the  sword-belt  described 
by  Valerius  Flaccus,2 

"  Qua  ccerulus  ambit 
Balteus,  et  gemini  committunt  ora  draconcs" 

the  fastening  was  made  by  the  tasteful  joining  of 
the  two  dragons'  heads.  The  annexed  woodcut 
shows  a  bronze  clasp,  with  three  dragons'  heads, 
which  is  in  the  collection  of  ancient  armour  at 
Goodrich  Court,  in  Herefordshire,  and  which  seems 
to  have  belonged  to  a  Roman  balteus. 


A  sword-belt  enriched  with  gold,  on  which  a  cel- 
ebrated sculptor  had  produced  a  representation  of 
the  Danaids  murdering  their  husbands  on  the  bridal 
night,  gives  occasion  to  the  concluding  incident  of 
the  iEneid. 

That  taste  for  richly-decorated  sword-belts,  the 
prevalence  of  which,  in  the  Augustan  age,  may  be 
inferred  from  the  mention  of  them  in  the  iEneid, 
did  not  decline  under  the  succeeding  emperors.  It 
is,  indeed,  mentioned  as  an  instance  of  the  self-de- 
nial and  moderation  of  Hadrian,  that  he  had  no 
gold  on  his  belt.3  But  Pliny*  records  the  common 
practice,  in  his  time,  of  covering  this  part  of  the 
soldier's  dress  with  lamina  of  the  precious  metals  ; 
^nd  of  the  great  intrinsic  value  and  elaborate  orna- 
ment of  those  which  were  worn  by  persons  attach- 
ed to  the  court,  we  may  form  some  judgment  from 
•:he  circumstance  that  the  baltearius,  or  master  of 
the  belts,  was  a  distinct  officer  in  the  imperial 
household.  Spon,  who  has  published  an  inscription 
from  the  family  tomb  of  one  of  these  officers,5  re- 
marks, that  their  business  must  have  been  to  pro- 
vide, prepare,  and  preserve  all  the  belts  in  the  ar- 
mamentarium. This  office  will  appear  still  more 
considerable  from  the  fact  that  belts  (balteoli)  were 
occasionally  given  as  military  rewards,  together 
with  torques  and  armillce.6 

In  a  general  sense,  "balteus"  was  applied  not 
only  to  the  simple  belt,  or  the  more  splendid  baldric 
which  passed  over  the  shoulder,  but  also  to  the 
girdle  (cingulum)  which  encompassed  the  waist 
(Coxa  munimen  utraque1).  Hence  the  girdle  of 
Orion,  called  &vn  by  Aratus,  is  rather  incorrectly 
denominated  balteus  in  the  translations  of  that  au- 
thor by  Germanicus  and  Avienus.  The  oblique  ar- 
rangement of  the  balteus,  in  the  proper  sense  of  that 
term,  is  alluded  to  by  Quinctilian  in  his  advice  re- 
specting the  mode  of  wearing  the  toga  :  oblique  du- 
citur,  velut  balteus  * 

Vitruvius  applies  the  term  "  baltei"  to  the  bands 
surrounding  the  volute  on  each  side  of  an  Ionic 
capital.9  Other  writers  apply  it  to  the  large  steps, 
presenting  the  appearance  of  parallel  walls,  by  which 
an  amphitheatre  was  divided  into  stories  for  the 
accommodation  of  different  classes  of  spectators.10 

1.  (JEn.,  v.,  311-313.)— 2.  (iii.,  190.)— 3.  (Spartian.,  Hadr..  10.) 
—4.  (H.  N.,  xxxiii.,  54.)— 5.  (Miscellan.  Erud.  Ant.,  p.  253.)— 
U.  (Jul.  Capitol.,  Maximin.,  2.)— 7.  (Sil.  Ital.,  x.,  181.— Lucan, 
li.,  361. — Lydus,  De  Mag.  Rom.,  ii.,  13. — Corippus,  i.,  115.) — 8. 
(Inst;;ut.  Or.,  xi.,  3..) — 9.  (De  Arch.,  iii.,  5,  ed.  Schneider. — 
Genelli,  Briefe  iiber  Vitruv.,  ii.,  p.  35.) — 10.  (Calpurn.,  Eclog., 
vii.,  47.— Tertullian,  De  S  ectac,  3.) 
134 


Vitruvius  calls  these  divisions  prcecinctiones.1  ( Via 
Amphitheatrum.)  In  the  amphitheatre  at  Verona, 
the  baltei  are  found  by  measurement  to  be  2*  feet 
high,  the  steps  which  they  enclose  being  one  foot 
two  inches  high. 

*BAMBAK'ION  (pa/iSdiuov),  a  term  which  occurs 
only  in  the  works  of  Myrepsus,  the  last  of  the  Greek 
physicians.  It  appears  to  be  the  seed  of  the  Gos- 
sypium,  or  Cotton-plant. 

BANISHMENT  (GREEK),  $vyn.  Banishment 
among  the  Greek  states  seldom,  if  ever,  appears  as 
a  punishment  appointed  by  law  for  particular  offen- 
ces. We  might,  indeed,  expect  this ;  for  the  divis- 
ion of  Greece  into  a  number  of  independent  states 
would  neither  admit  of  the  establishment  of  penal 
colonies,  as  among  us,  nor  of  the  various  kinds  of 
exile  which  we  read  of  under  the  Roman  emperors. 
The  general  term  <j>vy?j  (flight)  was,  for  the  most 
part,  applied  in  the  case  of  those  who,  in  order  to 
avoid  some  punishment  or  danger,  removed  from 
their  own  country  to  another.  Proof  of  this  is  found 
in  the  records  of  the  heroic  ages,  and  chiefly  where 
homicide  had  been  committed,  whether  with  or 
without  malice  aforethought.  Thus2  Patroclus  ap- 
pears as  a  fugitive  for  life,  in  consequence  of  man- 
slaughter (avdponTaai^)  committed  by  him  when  a 
boy,  and  in  anger.  In  the  same  manner,3  Theo- 
clymenus  is  represented  as  a  fugitive  and  wanderer 
over  the  earth,  and  even  in  foreign  lands  haunted 
by  the  fear  of  vengeance  from  the  numerous  kins- 
men of  the  man  whom  he  had  slain.  The  duty  of 
taking  vengeance  was  in  cases  of  this  kind  consid- 
ered sacred,  though  the  penalty  of  exile  was  some- 
times remitted,  and  the  homicide  allowed  to  remain 
in  his  country  on  payment  of  a  iroivrj,  the  price  of 
blood,  or  wehrgeld  of  the  Germans,*  which  was 
made  to  the  relatives  or  nearest  connexions  of  the 
slain.5  We  even  read  of  princes  in  the  heroic  ages 
being  compelled  to  leave  their  country  after  the 
commission  of  homicide  on  any  of  their  subjects  ;• 
and  even  though  there  were  no  relatives  to  succour 
the  slain  man,  still  deference  to  public  opinion  im- 
posed on  the  homicide  a  temporary  absence,7  until 
he  had  obtained  expiation  at  the  hands  of  another, 
who  seems  to  have  been  called  the  ayvir-nq,  or  puri- 
fier. For  an  illustration  of  this,  the  reader  is  re- 
ferred to  the  story  of  Adrastus  and  Croesus.8 

In  the  later  times  of  Athenian  history,  tyvyrj,  or 
banishment,  partook  of  the  same  nature,  and  was 
practised  nearly  in  the  same  cases  as  in  the  heroic 
ages,  with  this  difference,  that  the  laws  more  strict- 
ly defined  its  limits,  its  legal  consequences,  and  du- 
ration. Thus  an  action  for  wilful  murder  was 
brought  before  the  Areiopagus,  and  for  manslaugh- 
ter before  the  court  of  the  Ephetae.  The  accused 
might,  in  either  case,  withdraw  himself  (<j>vyelv)  be- 
fore sentence  was  passed ;  but  when  a  criminal 
evaded  the  punishment  to  which  an  act  of  murder 
would  have  exposed  him  had  he  remained  in  his 
own  land,  he  was  then  banished  forever  (<pevyet 
dei(j>vyiav),  and  not  allowed  to  return  home  even 
when  other  exiles  were  restored  upon  a  general 
amnesty,  since,  on  such  occasions,  a  special  excep- 
tion was  made  against  criminals  banished  by  the 
Areiopagus  (ol  k!-  'Apeiov  Ttuyov  <j>evyovreg).  A  con- 
victed murderer,  if  found  within  the  limits  of  the 
state,  might  be  seized  and  put  to  death,9  and  who- 
ever harboured  or  entertained  (vTzede^aro)  any  one 
who  had  fled  from  his  country  (ruv  tpevyovruv  riva) 
to  avoid  a  capital  punishment,  was  liable  to  the 
same  penalties  as  the  fugitive  himself.10 


1.  (De  Arch.,  v.,  3,  8.)— 2.  (II.,  xxiii.,  88.)— 3.  iHom.,  Od  , 

-.,  275.)— 4.   (Tacit.,  Germ.,  21.)— 5.  (II.,  ix.,  630.)— 6.  (Pau- 

a.,  v.,  376-381,  ed.  Schubart.)— 7.  (Od,  xxiii.,  119.— Schcl 

loc.)— 8.  (Herod.,  1,  35.)— 9.  (Demosth.,  c.  Arist.,  629.)- in 

(Demosth.,  c.  Polycl  ,  1222, 2.) 


XT 

san 
in 


BANISHMENT 


BANISHMENT 


Demosthenes1  says  that  the  word  (pevyecv  was 
properly  applied  to  the  exile  of  those  who  commit- 
ted murder  with  malice  aforethought,  whereas  the 
term  /xedlaraadac  was  used  where  the  act  was  not 
intentional.  The  property,  also,  was  confiscated 
in  the  former  case,  but  not  in  the  latter. 

When  a  verdict  of  manslaughter  was  returned,  it 
was  usual  for  the  convicted  party  to  leave  (^Xde) 
his  country  by  a  certain  road,  and  to  remain  in 
exile  till  he  induced  some  one  of  the  relatives  of 
the  slain  man  to  take  compassion  on  him  (ewf  uv 
ai6i<jr\rai  rtva  tuv  ev  yevei  rov  neirovdoroc).  During 
his  absence,  his  possessions  were  bririfta,  that  is, 
not  confiscated ;  but  if  he  remained  at  home,  or 
returned  before  the  requirements  of  the  law  were 
satisfied,  he  was  liable  to  be  driven  or  carried  out 
of  the  country  by  force.8  It  sometimes  happened 
that  a  fugitive  for  manslaughter  was  charged  with 
murder ;  in  that  case  he  pleaded  on  board  ship,  be- 
fore a  court  which  sat  at  Phreatto,  in  the  Pei- 
raeus.' 

We  are  not  informed  what  were  the  consequen- 
ces if  the  relatives  of  the  slain  man  refused  to  make 
a  reconciliation  ;  supposing  that  there  was  no  com- 
pulsion, it  is  reasonable  to  conclude  that  the  exile 
was  allowed  to  return  after  a  fixed  time.  In  cases 
of  manslaughter,  but  not  of  murder,  this  seems  to 
have  been  usual  in  other  parts  of  Greece  as  well  as 
at  Athens.*  Plato,5  who  is  believed  to  have  copied 
many  of  his  laws  from  the  constitution  of  Athens, 
fixes  the  period  of  banishment  for  manslaughter  at 
one  year,  and  the  word  dTreviavTiafioc,  explained  to 
mean  a  year's  exile  for  the  commission  of  homicide 
(roig  (povov  dpaoacL),  seems  to  imply  that  the  custom 
was  pretty  general.  We  have,  indeed,  the  authori- 
ty of  Xenophon6  to  prove  that  at  Sparta  banishment 
was  the  consequence  of  involuntary  homicide,  though 
h:e  does  not  tell  us  its  duration. 

Moreover,  not  only  was  an  actual  murder  pun- 
ished with  banishment  and  confiscation,  but  also  a 
rpavfia  ek  --povoiac,  or  wounding  with  intent  to  kill, 
though  death  might  not  ensue.7  The  same  punish- 
ment was  inflicted  on  persons  who  rooted  up  the 
sacred  olives  at  Athens,8  and  by  the  laws  of  Solon 
every  one  was  liable  to  it  who  remained  neuter  du 
ling  political  contentions.9 

Under  ovyfj,  or  banishment,  as  a  general  term,  is 
comprehended  ostracism :  the  difference  between 
the  two  is  correctly  stated  by  Suidas,  and  the  scho- 
liast on  Aristophanes,10  if  we  are  to  understand  by 
the  former  uettyvyia,  or  banishment  for  life.  "  $vyi) 
(say  they)  differs  from  ostracism,  inasmuch  as  those 
who  are  banished  lose  their  property  by  confisca- 
tion, whereas  the  ostracized  do  not ;  the  former, 
also,  have  no  fixed  place  of  abode,  no  time  of  return 
assigned,  but  the  latter  have."  This  ostracism  is 
supposed  by  some11  to  have  been  instituted  by  Cleis- 
thenes  after  the  expulsion  of  the  Peisistratidae  ;  its 
nature  and  object  are  thus  explained  by  Aristotle  :12 
"  Democratical  states  (he  observes)  used  to  ostra- 
cize, and  remove  from  the  city  for  a  definite  time, 
those  who  appeared  to  be  pre-eminent  above  their 
fellow-citizens,  by  reason  of  their  wealth,  the  num- 
ber of  their  friends,  or  any  other  means  of  influ- 
ence." It  is  well  known,  and  implied  in  the  quota- 
tion just  given,  that  ostracism  was  not  a  punish- 
ment for  any  crime,  but  rather  a  precautionary  re- 
moval of  those  who  possessed  sufficient  power  in 
the  state  to  excite  either  envy  or  fear.     Thus  Plu- 

1.  (c.  Aris.,  634.)—2.  (Demosth.,  c.  Aris.,  634  and  644.)— 3. 
(Demosth.,  c.  Aris.,  646.) — 4.  (Meursius,  ad  Lycophr.,  282.— 
Eurip.,  Hipp.,  37.— Schol.  in  loc.)— 5.  (Leg.,  ix.,  865.)— 6.  (An- 
»b.,iv.,  8,  (f  15.)— 7.  (Lysias,  c.  Simon.,  p.  100.— Demosth.,  c. 
Baot.,  1018,  10.)— 8.  (Lysias,  'Ynip  2t,kov  'ATroXoy/a,  1083.)— 
9.  (Meier.  Hist.  Juris  Att.,  p.  97.  — Aul.  Gel].,  ii.,  12.)— 10. 
(Equit.,  861.)— 11.  (JElian,  V.  H.,  xiii.,  23.— Diod.  Sic,  xi.,  55.) 

12.  fPolit.,  iii.,  8.) 


tarch1  says  it  was  a  good-natured  way  of  allaying 
envy  (<pdovov  irapa/uvdia  0tXuv0p<j7rof)  by  the  humili- 
ation of  superior  dignity  and  power.  The  manner 
of  effecting  it  was  as  follows  :  A  space  in  the  dyopd 
was  enclosed  by  barriers,  with  ten  entrances  for 
the  ten  tribes.  By  these  the  tribesmen  entered, 
each  with  his  oorpanov,  or  piece  of  tile,  on  which 
was  written  the  name  of  the  individual  whom  he 
wished  to  be  ostracized.  The  nine  archons  and  the 
senate,  i.  e.,  the  presidents  of  that  body,  superin- 
tended the  proceedings,  and  the  party  who  had  the 
greatest  number  of  votes  against  him,  supposing 
that  this  number  amounted  to  6000,  was  obliged  to 
withdraw  (fieraaT^vai)  from  the  city  within  ten 
days ;  if  the  number  of  votes  did  not  amount  to 
6000,  nothing  was  done.2  Plutarch3  differs  from 
other  authorities  in  stating  that,  for  an  expulsion 
o«  rhis  sort,  it  was  not  necessary  that  the  votes 
given  against  any  individual  should  amount  to  6000, 
but  only  that  the  sum  total  should  not  be  less  than 
that  number.  All,  however,  agree,  that  the  party 
thus  expelled  (6  eKKrjpvxOelg)  was  not  deprived  of  his 
property.  The  ostracism  was  also  called  the  Kepa- 
/UK?}  fidaTL^,  or  earthenware  scourge,  from  the  ma- 
terial of  the  oorpanov  on  which  the  names  were 
written. 

Some  of  the  most  distinguished  men  at  Athens 
were  removed  by  ostracism,  but  recalled  when  the 
city  found  their  services  indispensable.  Among 
these  were  Themistocles,  Aristeides,  Cimon,  and 
Alcibiades ;  of  the  first  of  whom  Thucydides*  states 
that  his  residence  during  ostracism  was  at  Argos, 
though  he  was  not  confined  to  that  city,  but  visit- 
ed other  parts  of  Peloponnesus.  The  last  person 
against  whom  it  was  used  at  Athens  was  Hyperbo- 
lus,  a  demagogue  of  low  birth  and  character ;  but 
the  Athenians  thought  their  own  dignity  compro- 
mised, and  ostracism  degraded  by  such  an  applica- 
tion of  it,  and  accordingly  discontinued  the  prac- 
tice.* 

Ostracism  prevailed  in  other  democratical  states 
as  well  as  Athens  ;  namely,  Argos,  Miletus,  and  Me- 
gara :  it  was  by  some,  indeed,  considered  to  be  a 
necessary,  or,  at  any  rate,  a  useful  precaution  for 
ensuring  equality  among  the  citizens  of  a  state.  But 
it  soon  became  mischievous ;  for,  as  Aristotle6  re- 
marks, "Men  did  not  look  to  the  interests  of  the 
community,  but  used  ostracisms  for  party  purposes" 
(oTaoLaoTiictig). 

From  the  ostracism  of  Athens  was  copied  the 
petalism  (neTaXicfiog)  of  the  Syracusans,  so  called 
from  the  Kerala,  or  leaves  of  the  olive,  on  which 
was  written  the  name  of  the  person  whom  they 
wished  to  remove  from  the  city.  The  removal, 
however,  was  only  for  five  years ;  a  sufficient  time, 
as  they  thought,  to  humble  the  pride  and  hopes  of 
the  exile.  But  petalism  did  not  last  long ;  for  the 
fear  of  this  "  humbling"  deterred  the  best  qualified 
among  the  citizens  from  taking  any  part  in  public 
affairs,  and  the  degeneracy  and  bad  government 
which  followed  soon  led  to  a  repeal  of  the  law,  B.O 
452. 7 

In  connexion  with  petalism,  it  may  be  remarked, 
that  if  any  one  were  falsely  registered  in  a  dermis 
or  ward  at  Athens,  his  expulsion  was  called  tK<jw%- 
Xo<j>opta,  from  the  votes  being  given  by  leaves.8 

The  reader  of  Greek  history  will  remember  that, 
besides  those  exiled  by  law,  or  ostracized,  there 
was  frequently  a  great  number  of  political  exiles  in 
Greece ;  men  who,  having  distinguished  themselves 
as  the  leaders  of  on£  party,  were  expelled,  or  obli- 


1.  (Peric.,c.  10.)— 2.  (Schol.  in  Arist.,  Equit., 865.)— 3.  (Arist., 
c.  7.)— 4.  (i.,  135.)— 5.  (Plut.,  Arist.,  c.  7.— Thucyd.,  viii.,73.) 
—6.  (Polit.,  iii.,  8.)— 7.  (Diod.  Sic,  xi.,  c  87.— Niebuhr,  Hist 
Rom.,  i.,  504,  transl.) — 8.  (Meier,  Hist.  Juris  Att.,  83. — Lyaiai, 
c  Nicom.,  844.) 

135 


BANISHMENT. 


BANISHMENT. 


ged  to  remove  from  their  native  city  when  the  op- 
posite faction  became  predominant.  They  are  spo- 
ken of  as  ol  (pevyovreg  or  ol  eKireaovreg,  and  as  ui 
Kare?M6vTEc  after  their  return  (rj  Kadodoc),  the  word 
Kardyetv  being  applied  to  those  who  were  instru 
mental  in  effecting  it.1 

BANISHMENT  (ROMAN).  In  the  later  impe- 
lial  period,  exsilium  was  a  general  term  used  to  ex- 
press a  punishment,  of  which  there  were  several 
species.  Paulus,3  when  speaking  of  those  judicia 
publica,'  which  are  capitalia,  defines  them  by  the 
ronsequent  punishment,  which  is  death,  or  exsili 
um  ;  and  exsilium  he  defines  to  be  aqua  et  ignis 
interdictio,  by  which  the  caput  or  citizenship  of  the 
criminal  was  taken  away.  Other  kinds  of  exsilium, 
he  says,  were  properly  called  relegatio,  and  the  iuu: 
gatus  retained  his  citizenship.  The  distinction  ue- 
tween  relegatio  and  exsilium  existed  under  the 
Republic.3  Ovid  also*  describes  himself,  not  as  ex- 
sul,  which  he  considers  a  term  of  reproach,  but  as 
relegatus.     Speaking  of  the  emperor,  he  says, 

"  Nee  vitam,  nee  opes,  nee  jus  mihi  civis  ademit  ,*" 

and  a  little  farther  on, 

"  Nil  nisi  me  patriis  jussit  abire  /oczs."5 

Marcianus6  makes  three  divisions  of  exsilium :  it 
was  either  an  interdiction  from  certain  places  na- 
med, and  was  then  called  lata  fuga  (a  term  equiva- 
lent to  the  libera  fuga  or  liberum  exsilium  of  some 
writers) ;  or  it  was  an  interdiction  of  all  places  ex- 
cept some  place  named  ;  or  it  was  the  constraint  of 
an  island  (as  opposed  to  lata  fuga).  Noodt7  cor- 
rects the  extract  from  Marcian  thus  :  "  Exsilium 
duplex  est :  aut  certorum  locorum  interdictio,  ut 
lata  fuga ;  aut  omnium  locorum  prater  certum  lo- 
cum, ut  insulae  vinculum,"  &c.  The  passage  is 
evidently  corrupt  in  some  editions  of  the  Digest, 
and  the  correction  of  Noodt  is  supported  by  good 
reasons.  It  seems  that  Marcian  is  here  speaking 
of  the  two  kinds  of  relegatip,*  and  he  does  not  in- 
clude the  exsilium,  which  was  accompanied  with 
the  loss  of  the  civitas ;  for,  if  his  definition  includes 
ail  the  kinds  of  exsilium,  it  is  manifestly  incomplete ; 
and  if  it  includes  only  relegatio,  as  it  must  do  from 
the  terms  of  it,  the  definition  is  wrong,  inasmuch  as 
there  are  only  two  kinds  of  relegatio.  The  conclu- 
sion is,  that  the  text  of  Marcian  is  either  corrupt, 
01  has  been  altered  by  the  compiler  of  the  Digest. 

Of  relegatio  there  were  two  kinds :  a  person  might 
be  forbidden  to  live  in  a  particular  province,  or  in 
Rome,  and  either  for  an  indefinite  or  a  definite  time ; 
or  an  island  might  be  assigned  to  the  relegatus  for 
his  residence.  Relegatio  was  not  followed  by  loss 
of  citizenship  or  property,  except  so  far  as  the  sen- 
tence of  relegatio  might  extend  to  part  of  the  per- 
son's property.  The  relegatus  retained  his  citizen- 
ship, the  ownership  of  his  property,  and  the  patria 
potestas,  whether  the  relegatio  was  for  a  definite  or 
an  indefinite  time.  The  relegatio,  in  fact,  merely 
confined  the  person  within,  or  excluded  him  from, 
particular  places,  which  is  according  to  the  defini- 
tion of  ^lius  Gallus,9  who  says  that  the  punish- 
ment was  imposed  by  a  lex,  senatus  consultum,  or 
the  edictum  of  a  magistratus.  The  words  of  Ovid 
express  the  legal  effect  of  relegatio  in  a  manner  lit- 
erally and  technically  correct.10    The  term  relegatio 

X  (Meursius,  Att.  Lect.,  v.,  18.' — Wachsmuth,  Hell.  Alterth., 
l.,  v  65  ;  i'-?  Q  95  and  98.— Meier  and  SchSmann,  Att.  Process,  p. 
741. —  Sehomann,  De  Comit.  Athen.,  p.  264,  transl. — Timceus, 
Lex.  Platon.— Bockh,  ii.,  129,  transl.)— 2.  (Dig.  48,  tit.  1.  p.  2.) 
—3.  (Liv.,  iii.,  10  ;  iv.,  4.— Cic,  pro  P.  Sext.,  12.)— 4.  (Trist., 
v  ,  11.)— 5.  (Compare  Trist.,  ii.,  127.)— 6.  (Dig.  48,  tit.  22,  s.  5.) 
-  -7.  (Op.  Omn.,  i.,  58.)— 8.  (Compare  Ulpian,  Dig.  48,  tit.  22,  s. 
7.)— 9.  (Festus,  s.  v.  Relegati.) — iO.  (Instances  of  relegatio  oc- 
cur in  ,he  following  passages:  Suet  ,  Octav.,  16. — Tib.,  50. — 
Tacit.,  Ann.,  iii,,  17,  68. — Suet.,  Claud.,  c.  23,  which  last,  as  the 
historian  remarks,  was  a  new  kind  of  relegatio.) 

»3fi 


is  applied  by  Cicero1  to  the  case  of  Titus  Manlius, 
who  had  been  compelled  by  his  father  to  live  in  sol- 
itude in  the  country. 

Deportatio  in  insulam,  or  deportatio  simply,  was 
introduced  under  the  emperors  in  place  of  the  aqua 
et  ignis  interdictio.*  The  governor  of  a  province 
(prases)  had  not  the  power  of  pronouncing  the  sen- 
tence of  deportatio ;  but  this  power  was  given  to  the 
praefectus  urbi  by  a  rescript  of  the  Emperor  Severus. 
The  consequence  of  deportatio  was  loss  of  property 
and  citizenship,  but  not  of  freedom.  Though  the 
deportatus  ceased  to  be  a  Roman  citizen,  he  had 
the  capacity  to  buy  and  sell,  and  do  other  acts 
which  might  be  done  according  to  the  jus  gentium, 
ueporiatio  differed  from  relegatio,  as  already  shown, 
and  also  in  being  always  for  an  indefinite  time.  The 
relegatus  went  into  banishment ;  the  deportatus  was 
conducted  to  his  place  of  banishment,  sometimes  in 
chains. 

As  the  exsilium  in  the  special  sense,  and  the  dr 
portatio  took  away  a  person's  civitas,  it  follows 
that,  if  he  was  a  father,  his  children  ceased  to  be  in 
his  power  ;  and  if  he  was  a  son,  he  ceased  to  be  in 
his  father's  power ;  for  the  relationship  expressed 
by  the  terms  patria  potestas  could  not  exist  when 
either  party  had  ceased  to  be  a  Roman  citizen.' 
Relegatio  of  a  father  or  of  a  son,  of  course,  had  not 
this  effect.  .But  the  interdict  and  the  deportatio 
did  not  dissolve  marriage.* 

"When  a  person,  either  parent  or  child,  was  con- 
demned to  the  mines  or  to  fight  with  wild  beasts, 
the  relation  of  the  patria  potestas  was  dissolved. 
This,  though  not  reckoned  a  species  of  exsilium, 
resembled  deportatio  in  its  consequences. 

It  remains  to  examine  the  meaning  of  the  term 
exsilium  in  the  republican  period,  and  to  ascend,  so 
far  as  we  can,  to  its  origin.     Cicero5  affirms  that 
no  Roman  was  ever  deprived  of  his  civitas  or  hia* 
freedom  by  a  lex.     In  the  oration  Pro  Domo6  he 
makes  the  same  assertion,  but  in  a  qualified  way; 
he  says  that  no  special  lex,  that  is,  no  privilegium, 
could  be  passed  against  the  caput  of  a  Roman  citi- 
zen unless  he  was  first  condemned  in  a  judicium.    It 
was,  according  to  Cicero,  a  fundamental  principle  of 
Roman  law,7  that  no  Roman  citizen  could  lose  his 
freedom  or  his  citizenship  without  his  consent.    He 
adds,  that  Roman  citizens  who  went  out  as  Latin 
colonists  could  not  become  Latin  unless  they  went 
voluntarily  and  registered  their  names  :  those  who 
were  condemned  of  capital  crimes  did  not  lose  theii 
citizenship  till  they  were  admitted  as  citizens  of  an- 
other state  ;  and  this  was  effected,  not  by  depriving 
them  of  their  civitas  (ademptio  civitati*),  but  by  the 
interdictio  tecti,  aquae  et  ignis.     The  same  thing  is 
stated  in  the  oration  Pro  Carina*  with  the  addition, 
that  a  Roman  citizen,  when  he  was  received  into 
another  state,  lost  his  citizenship  at  Rome,  because 
by  the  Roman  law  a  man  could  not  be  a  citizen  ol 
two  states.     This  reason,  however,  would  be  equal- 
ly good  for  showing  that  a  Roman  citizen  could  no> 
become  a  citizen  of  another  community.     In  the 
oration  Pro  Balbo,9  the  proposition  is  put  rather  ii> 
this  form  :  that  a  Roman  who  became  a  citizen  oi 
another  state  thereby  ceased  to  be  a  Roman  citizen 
It  must  not  be  forgotten,  that  in  the  oration  Pro  C&. 
cina,  it  is  one  of  Cicero's  objects  to  prove  that  his 
client  had  the  rights  of  a  Roman  citizen  ;  and  in 
the  oration  Pro  Domo,  to  prove  that  he  himself  had 
not  been  an  exsul,  though  he  was  interdicted  from 
fire  and  water  within  400  miles  of  Rome.10    Now, 


1.  (Off.,  iii.,  31.)- 2.  (Ulpian,  Dig.  48,  tit.  13,  s.  3  ;  tit.  19,  s. 
2.)— 3.  (Gaius,  i.,  128.)— 4.  (Cod.  5,  tit  16,  s.24;  tit.  17,  s.  1. — 
Compare  Gaius,  i.,  128,  with  the  Institutes,  i.,  tit.  12,  in  which 
the  deportatio  stands  in  the  place  of  the  aquae  et  ignis  interdictio 
of  Gaius.)  — 5.  (Pro  Casein.,  c  34.)  —  6.  (c.  16,  17.)— 7.  (Pre 
Domo,  c.  29.)  — 8.  (c.  34.)  — 9.  (c.  11.)  — 10  (Cic,  ad  Attic. 
iii.,  4.) 


BANISHMENT 


BAPHIUM. 


as  Cicero  had  been  interdicted  from  fire  and  water, 
and  as  he  evad3d  the  penalty,  to  use  his  own 
words.'  by  going  beyond  the  limits,  he  could  only 
escape  the  consequences,  namely,  exsilium,  either 
by  relying  on  the  fact  of  his  not  being  received  as  a 
citizen  into  another  state,  or  by  alleging  the  illegali- 
ty of  the  proceedings  against  him.  But  the  latter 
is  the  ground  on  which  he  seems  to  maintain  his 
case  in  the  Pro  Domo :  he  alleges  that  he  was  made 
the  subject  of  a  privilegium,  without  having  been 
first  condemned  in  a  judicium.* 

In  the  earlier  republican  period,  a  Roman  citizen 
might  have  a  right  to  go  into  exsilium  to  another 
state,  or  a  citizen  of  another  state  might  have  a 
right  to  go  into  exsilium  at  Rome,  by  virtue  of  cer- 
tain isopolitical  relations  existing  between  such 
state  and  Rome.  (Vid.  Municipium.)  This  right 
was  called  jus  exulandi  with  reference  to  the  state 
to  which  the  person  came ;  with  respect  to  his  own 
state,  which  he  left,  he  was  exsul,  and  his  condition 
was  exsilium  :  with  respect  to  the  state  which  he 
entered,  he  was  inquilinus ;  and  at  Rome  he  might 
attach  himself  (applicare  se)  to  a  quasi-patronus,  a 
relationship  which  gave  rise  to  questions  involving 
the  jus  applicationis.  The  word  inquilinus  appears, 
by  its  termination  inus,  to  denote  a  person  who  was 
one  of  a  class,  like  the  word  libertinus.  The  prefix 
in  appears  to  be  the  correlative  of  ex  in  exsul,  and 
the  remaining  part  quil  is  probably  related  to  col,  in 
incola  and  col  onus. 

The  sentence  of  aquae  et  ignis,  to  which  Cicero 
adds3  tecti  interdictio,  was  equivalent  to  the  depri- 
vation of  the  chief  necessaries  of  life,  and  its  effect 
was  to  incapacitate  a  person  from  exercising  the 
rights  of  a  citizen  within  the  limits  which  the  sen- 
tence comprised.  Supposing  it  to  be  true,  that  no 
Roman  citizen  could,  in  direct  terms,  be  deprived 
of  his  civitas,  it  requires  but  little  knowledge  of  the 
history  of  Roman  jurisprudence  to  perceive  that  a 
way  would  readily  be  discovered  of  doing  that  in- 
directly which  could  not  be  done  directly  ;  and 
such,  in  fact,  was  the  aquae  et  ignis  interdictio. 
The  meaning  of  the  sentence  of  aquae  et  ignis  in- 
terdictio is  clear  when  we  consider  the  symbolical 
meaning  of  the  aqua  et  ignis.  The  bride,  on  the 
day  of  her  marriage,  was  received  by  her  husband 
with  fire  and  water,*  which  were  symbolical  of  his 
taking  her  under  his  protection  and  sustentation. 
Varro*  gives  a  different  explanation  of  the  symboli- 
cal meaning  of  aqua  et  ignis  in  the  marriage  cere- 
mony :  Aqua  et  ignis  (according  to  the  expression 
of  Festus)  sunt  duo  elcmenta  qua.  humanam  vitam 
maximc  continent.  The  sentence  of  interdict  was 
either  pronounced  in  a  judicium,  or  it  was  the  sub- 
ject of  a  lex.  The  punishment  was  inflicted  for 
various  crimes,  as  vis  publico,  peculatus,  vencjicium, 
&c.  The  Lex  Julia  de  vi  publico,  et  privata  applied, 
among  other  cases,  to  any  person  qui  receperit,  ccla- 
verit,  tcnuerit,  the  interdicted  person  ;■  and  there 
was  a  clause  to  this  effect  in  the  lex  of  Clodius,  by 
which  Cicero  was  banished. 

The  sentence  of  the  interdict,  which  in  the  time 
of  the  Antonines  was  accompanied  with  the  loss  of 
citizenship,  could  hardly  have  had  any  other  effect 
in  the  time  of  Cicero.  It  may  be  true  that  exsilium, 
that  is,  the  change  of  solum  or  ground,  was  not  in 
direct  terms  included  in  the  sentence  of  aqua,  et 
ignis  interdictio  :  the  person  might  stay  if  he  liked, 
and  submit  to  the  penalty  of  being  an  outcast,  and 
being  incapacitated  from  doing  any  legal  act.  In- 
deed, it  is  not  easy  to  conceive  that  banishment  can 
exist  in  any  state,  except  such  state  has  distant 
possessions  of  its  own  to  which  the  offender  can  be 


1.  (Pro  Caecina,  c.  34.)— 2.  (c.  17.)— 3.  (Pro  Domo,  c.  30.)— 
4.  (Dig.  24,  l«t.  1,  s.  66.)— 5.  (De  (.mar.  Lat.,  iv.)— 6.  (Paulus, 
Sent.  Reccpt.,  od   Schulting.) 


sent.  Thus  banishment,  as  a  penalty,  did  not  exist 
in  the  old  English  law.  When  isopolitical  relations 
existed  between  Rome  and  another  state,  exsilium 
might  be  the  privilege  of  an  offender.  Cicero 
might  then  truly  say  that  exsilium  was  not  a  pun- 
ishment, but  a  mode  of  evading  punishment  ;l  and 
this  is  quite  consistent  with  the  interdict  being  a 
punishment,  and  having  for  its  object  the  exsilium. 

According  to  Niebuhr,  the  interdict  was  intended 
to  prevent  a  person  who  had  become  an  exsul  from 
returning  to  Rome  and  resuming  his  citizenship ; 
and  the  interdict  was  taken  off  when  an  exsul  was 
recalled:  an  opinion  in  direct  contradiction  to  all 
the  testimony  of  antiquity.  Farther,  Niebuhr  as 
serts  that  they  who  settled  in  an  unprivileged  place 
(one  that  was  not  in  an  isopolitical  connexion  with 
Rome)  needed  a  decree  of  the  people,  declaring 
that  their  settlement  should  operate  as  a  legal  ex- 
silium. And  this  assertion  is  supported  by  a  single 
passage  in  Livy,3  from  which  it  appears  that  it  was 
declared  by  a  plebiscitum,  that  C.  Fabius,  by  going 
into  exile  (exulatum)  to  Tarquinii,  which  was  a  mu- 
nicipium,3 was  legally  in  exile. 

Niebuhr  asserts  that  Cicero  had  not  lost  his  fran- 
chise by  the  interdict,  but  Cicero  says  that  the 
consequence  of  such  an  interdict  was  the  loss  of 
caput.  And  the  ground  on  which  he  mainly  at- 
tempted to  support  his  case  was,  that  the  lex  by 
which  he  was  interdicted  was  in  fact  no  lex,  but  a 
proceeding  altogether  irregular.  Farther,  the  inter- 
dict did  pass  against  Cicero,  but  was  not  taken  off 
when  he  was  recalled.  It  is  impossible  to  caution 
the  reader  too  much  against  adopting  implicitly  any 
thing  that  is  stated  in  the  orations  Pro  Ccscina,  Pro 
Balbo,  and  Pro  Domo ;  and,  indeed,  anywhere  else, 
when  Cicero  has  a  case  to  support. 

BAPHI'UM   ((3a<puov,   (papftaicuv),   an    establish- 
ment for  dyeing  cloth,  a  dyehouse. 

An  apparatus  for  weaving  cloth,  and  adapting  it 
to  all  the  purposes  of  life,  being  part  of  every  Greek 
and  Roman  household,  it  was  a  matter  of  necessity 
that  the  Roman  government  should  have  its  owrn 
institutions  for  similar  uses  ;  and  the  immense 
quantity  of  cloth  required,  both  for  the  army  and  for 
all  the  officers  of  the  court,  made  it  indispensable 
that  these  institutions  should  be  conducted  on  a 
large  scale.  They  were  erected  in  various  parts  of 
the  empire,  according  to  the  previous  habits  of  the 
people  employed  and  the  facilities  for  carrying  on 
their  operations.  Tarentum,  having  been  celebra 
ted  during  many  centuries  for  the  fineness  and 
beauty  of  its  woollen  manufactures,  was  selected 
as  one  of  the  most  suitable  places  for  an  imperial 
baphium.*  Traces  of  this  establishment  are  still 
apparent  in  a  vast  accumulation  near  Taranto, 
called  "Monte  Testaceo,"  and  consisting  of  the 
shells  of  the  Murex,  the  animal  which  afforded  the 
purple  dye. 

A  passage  in  iElius  Lampridius*  shows  that  these 
great  dyehouses  must  have  existed  as  early  as  the 
second  century.  It  is  stated  that  a  certain  kind  ol 
purple,  commonly  called  "  Probiana,"  because  Pro- 
bus,  the  superintendent  of  the  dyehouses  (baphiis 
propositus),  had  invented  it,  was  afterward  called 
"  Alexandrina,"  on  account  of  the  preference  given 
to  it  by  the  Emperor  Alexander  Severus.  Besides 
the  officer  mentioned  in  this  passage,  who  probably 
had  the  general  oversight  of  all  the  imperial  baphia. 
it  appears  that. there  were  persons  called  procura- 
tors, who  were  intrusted  with  the  direction  of 
them  in  the  several  cities  where  they  were  es 
tablished.  Thus  the  Notitia  Digmtatum  utriusqiu 
Imperii,   compiled  about  A.D.   426,  mentions  the 

1.  (Pro  Caecina.)— 2.  (xxvi.,  3.)— 3.  (Pro  Carina,  c.  4.)— A 
(Compare  Horat.,  Ep.,  II.,  ii.,  207,  with  Servius  in  Virg.,  Georfj 
iv..  335.)— 5.  (Alex.  Sev.,  c.  40.) 

137 


BARBA. 


BARBA. 


*  procurator"  of  the  dyehouses  of  Narbonne  and 
Toulon. 

We  learn  f/om  tne  Codex  Theodosianus  that  the 
dyehouses  of  Phoenice  long  retained  their  original 
superiority,  and  that  dyers  were  sent  to  them  from 
other  places  to  be  instructed  in  their  art. 

*BAPTES  {j3uttt7]q),  a  mineral  mentioned  by 
Pliny.1  It  is  thought,  from  its  description  and  its 
name,  to  have  been  amber,  dyed  or  stained  of  some 
ether  than  its  natural  colour.2 

BAPTISTE'RIUM.     (Vid.  Bath.) 

BAR'ATHRUM.     (Vid.  Orygma.) 

BARBA  (Truyuv,  yiveiov,  vir^vr/%  the  beard.  The 
fashions  which  have  prevailed  at  different  times 
and  in  different  countries  with  respect  to  the  beard 
have  been  very  various.  The  most  refined  modern 
nations  regard  the  beard  as  an  encumbrance,  with- 
out beauty  or  meaning ;  but  the  ancients  generally 
cultivated  its  growth  and  form  with  special  atten- 
tion ;  and  that  the  Greeks  were  not  behindhand  in 
this,  any  more  than  in  other  arts,  is  sufficiently 
shown  by  the  statues  of  their  philosophers.  The 
phrase  nayovorpocpeiv,  which  is  applied  to  letting 
the  beard  grow,  implies  a  positive  culture.  Gener- 
ally speaking,  a  thick  beard,  nuyuv  j3advc  or  daavc , 
was  considered  as  a  mark  of  manliness.  The 
Greek  philosophers  were  distinguished  by  their 
long  beards  as  a  sort  of  badge,  and  hence  the  term 
which  Persius*  applies  to  Socrates,  magister  barba- 
tus.  The  Homeric  heroes  were  bearded  men  ;  as 
Agamemnon,  Ajax,  Menelaus,  Ulysses.5  Accord- 
ing to  Chrysippus,  cited  by  Athenaeus,6  the  Greeks 
Wore  the  beard  till  the  time  of  Alexander  the  Great, 
and  he  adds  that  the  first  man  who  was  shaven 
was  called  ever  after  Kopanv,  "  shaven"  (from 
Keipu).  Plutarch7  says  that  the  reason  for  the 
shaving  was  that  they  might  not  be  pulled  by  the 
beard  in  battle.  The  custom  of  shaving  the  beard 
continued  among  th?  Greeks  till  the  time  of  Justin- 
ian, and  during  that  period  even  the  statues  of  the 
philosophers  were  without  the  beard.  The  philoso- 
phers, however,  generally  continued  the  old  badge 
of  their  profession,  and  their  ostentation  in  so  doing 
gave  rise  to  the  saying  that  a  long  beard  does  not 
Ynke  a  philosopher  (iruyuvorpo^ia  tyilocofyov  ov 
rroiel),  and  a  man  whose  wisdom  stopped  with  his 
beard  was  called  etc  nuycovog  oofybc.  So  Aulus  Gel- 
lius8  says,  "  Video  barbam  et  pallium,  philosophum 
nondum  video."  Horace9  speaks  of  "feeding  the 
philosophic  beard."10  The  Romans,  in  early  times, 
wore  the  beard  uncut,  as  we  learn  from  the  insult 
offered  by  the  Gaul  to  Marcus  Papirius,11  and  from 
Cicero  ;12  and,  according  to  Varro13  and  Pliny,1*  the 
Roman  beards  were  not  shaved  till  B.C.  300,  when 
P.  Ticinius  Maena  brought  over  a  barber  from  Sicily ; 
and  Pliny  adds,  that  the  first  Roman  who  was 
shaved  (rasus)  every  day  was  Scipio  Africanus. 
His  custom,  however,  was  soon  followed,  and  sha- 
ving became  a  regular  thing.  The  lower  orders,,  then 
as  now,  were  not  always  able  to  do  the  same,  and 
hence  the  jeers  of  Martial.15  In  the  later  times  of 
the  Republic,  there  were  many  who  shaved  the 
beard  only  partially,  and  trimmed  it  so  as  to  give  it 
an  ornamental  form ;  to  them  the  terms  bene  bar- 
batils  and  barbatuliP  are  applied.  When  in  mourn- 
ing, all  the  higher  as  well  as  the  lower  orders  let 
their  beards  grow. 

In  the  general  way  in  Rome  at  this  time,  a  long 
beard  (barba  promissals)  was  considered  a  mark  of 

1.  (H.  N.,  xxxvii.,  55.)— 2.  (Moore's  Anc.  Mineral.,  p.  182.)— 
8.  (Aristaph.,  Lysist.,  1072.)— 4.  (Sat.,  iv.,  1.)— 5.  (II.,  xxii.,  74 ; 
jtxiv.,  516. — Od.,  xvi.,  176.) — 6.  (xiii.,  565,  ed.  Casaub.) — 7. 
(Thes.,  c.  5.)— 8.  (ix.,  2.)— 9.  (Sat.,  II.,  ii.,  35.)— 10.  (Compare 
ftuintil.,  xi.,  1.)— 11.  (Liv.,  v.,  41.)— 12.  (Pro  Ccel.,  14.)— 13. 
(De  Re  Ru3t.,  ii.,  c.  11.)— 14.  (vii.,  59.)— 15.  (vn.,95;  xn.,59.) 
—16.  (Cic,  Catil.,  ii.,  10.)— 17.  (Cic,  Ep.  ad  Att.,  i.,  14,  16.— 
Pro  Ccel.,  14.)— 18.  (Liv.,  yjevii.,  34.) 
138 


slovenliness  and  squalor.  The  censors  Lucius  Ve- 
turius  and  P.  Licinius  compelled  Marcus  Livius, 
who  had  been  banished,  on  his  restoration  to  the 
city,  to  be  shaved,  and  to  lay  aside  his  dirty  appear- 
ance {tonderi  et  squalorem  deponere),  and  then,  but 
not  till  then,  to  come  into  the  senate,  &cl  The 
first  time  of  shaving  was  regarded  as  the  beginning 
of  manhood,  and  the  day  on  which  this  took  place 
was  celebrated  as  a  festival.2  There  was  no  par- 
ticular time  fixed  for  this  to  be  done.  Usually, 
however,  it  was  done  when  the  young  Roman  as- 
sumed the  toga  virilis.3  Augustus  did  it  in  his  24th 
year,  Caligula  in  his  20th.  The  hair  cut  off  on 
such  occasions  was  consecrated  to  some  god. 
Thus  Nero  put  his  up  in  a  gold  box,  set  with  pearls, 
and  dedicated  it  to  Jupiter  Capitolinus.*  So  Statius5 
mentions  a  person  who  sent  his  hair  as  an  offering 
to  iEsculapius  Pergamenus,  and  requested  Statius 
to  write  some  dedicatory  verses  on  the  occasion. 
He  sent  the  hair  with  a  box  set  with  precious 
stones  {cum  gemmata  pyxide)  and  a  mirror. 

With  the  Emperor  Hadrian  the  beard  began  to 
revive.6  Plutarch  says  that  the  emperor  wore  it  to 
hide  some  scars  on  his  face.  The  practice  after- 
ward became  common,  and  till  the  time  of  Con- 
stantine  the  Great  the  emperors  appear  in  busts 
and  coins  with  beards.  The  Romans  let  their 
beards  grow  in  time  of  mourning ;  so  Augustus 
did7  for  the  death  of  Julius  Csesar,  and  the  time 
when  he  had  it  shaved  off  he  made  a  season  of 
festivity.8  The  Greeks,  on  the  other  hand,  on 
such  occasions,  shaved  the  beard  close.9  Strabo10 
says  that  the  beards  of  the  inhabitants  of  the  Cas- 
siterides  were  like  those  of  goats.  Tacitus11  says 
that  the  Catti  let  their  hair  and  beard  grow,  and 
would  not  have  them  cut  till  they  had  slain  an 
enemy. 

Barbers.  The  Greek  name  for  a  barber  was 
Kovpevc,  and  the  Latin  tonsor.  The  term  employed 
in  modern  European  languages  is  derived  from  the 
low  Latin  barbatorius,  which  is  found  in  Petronius 
The  barber  of  the  ancients  was  a  far  more  impor 
tant  personage  than  his  modern  representative 
Men  had  not  often  the  necessary  implements  for  the 
various  operations  of  the  toilet  :  combs,  mirrors, 
perfumes,  and  tools  for  clipping,  cutting,  shaving, 
&c.  Accordingly,  the  whole  process  had  to  be 
performed  at  the  barber's,  and  hence  the  great  con- 
course of  people  who  daily  gossiped  at  the  ton- 
strina,  or  barber's  shop.  Besides  the  duties  of 'a 
barber  and  hairdresser,  strictly  so  called,  the  an- 
cient tonsor  discharged  other  offices.  He  was  also 
a  nail-parer.  He  was,  in  fact,  much  what  the 
English  barber  was  when  he  extracted  teeth,  as 
well  as  cut  and  dressed  hair.  People  who  kept  the 
necessary  instruments  for  all  the  different  opera- 
tions, generally  had  also  slaves  expressly  for  the 
purpose  of  performing  them.  The  business  of  the 
barber  was  threefold.  First,  there  was  the  cutting 
of  hair  :  hence  the  barber's  question,  ttuc  ae  nelpo.1* 
For  this  purpose,  he  used  various  knives  of  different 
sizes  and  shapes,  and  degrees  of  sharpness  :  hence 
Lucian,13  in  enumerating  the  apparatus  of  a  barber's 
shop,  mentions  irkf/doc  [taxatpidiuv  (/i&xatpa,  \iaxa-i~ 
pic,  Kovpic  are  used  also,  in  Latin  culter)  ;  but 
scissors,  -ipahic,  SlttXtj  fiaxaipa1*  (in  Latin  forfex,  ax- 
icia),  were  used  too.15  Mo^ajpa  was  the  usual 
word.  (Bottiger,  however,  says  that  two  knives 
were*merely  used,  forming  a  kind  of  scissors.    The 

1.  (Liv.,  xxvii.,  34.)— 2.  (Juv.,  Sat.,  iii.,  186.)— 3.  (Suet., 
Calig\,  10.)— 4.  (Suet.,  Ner.,  12.)— 5.  (Prief.  ad  Silv.,  iii.)— 6 
(Dion,  lxviii.,  p.  1132,  c.  15.)— 7.  (Suet.,  Octav.,  c.  23.)— 8 
(Dion,  xlviii.,  34.— Compare  Cic.  in  Verr.,  ii.,  12.) — 9.  (Vid. 
Plutarch,  Pelopid.  and  Alex.— Suet.,  Cal.,  5.)— 10.  (i.,  p.  239.) 
—11.  (Germ.,  c.  3.)— 12.  (Plut.,  De  Garrul.,  13.)— 13.  (Adv. 
Indoct.,  c.  29.)— 14.  (Pollux.,  Onom.,  ii.,  32.)— 15.  (Compar* 
Aristoph.,  Acharn.,  848.— Lucian,  Pis.,  c.  46.) 


BASALTES. 


BASANOS 


most  elegant  nude  of  cutting  the  hair  was  with 
the  single  ki.ife,  fiia  fiaxaipa.1)  Irregularity  and 
unevenness  of  the  hair  was  considered  a  great 
blemish,  as  appears  generally,  and  from  Horace  ;2 
and,  accordingly,  after  the  hair-cutting,  the  uneven 
hairs  were  pulled  out  by  tweezers,  an  operation  to 
which  Pollux3  applies  the  term  napaheyeadai.  So 
the  hangers-on  on  great  men,  who  wished  to  look 
young,  were  accustomed  to  pull  out  the  gray  hairs 
for  them.*  Tlr:3  was  considered,  however,  a  mark 
of  effeminacy.4  The  person  who  was  to  be  opera- 
ted on  by  the  barber  had  a  rough  cloth  (ufiolivov, 
involucre  in  Plautus6)  laid  on  his  shoulders,  as  now, 
to  keep  the  hairs  off  his  dress,  &c.  The  second 
part  of  the  business  was  shaving  (radere,  rasitare, 
t-vpetv).  This  was  done  with  a  tjvpov,  a  novacula,7 
a  razor  (as  we,  retaining  the  Latin  root,  call  it), 
which  he  kept  in  a  case,  tiijicn,  ^vpodrJKrj,  gvpodoKnc, 
"  a  razor-case."8  Some,  who  would  not  submit  to 
the  operation  of  the  razor,  used  instead  some  pow- 
erful depilatory  ointments  or  plasters,  as  psilothron;9 
acida  Creta  ;10  Venetum  lutum  ;11  dropax.1*  Stray 
hairs  which  escaped  the  razor  were  pulled  out  with 
small  pincers  or  tweezers  (volsella,  rpixokabiov). 
The  third  part  of  the  barber's  work  was  to  pare 
the  nails  of  the  hands,  an  operation  which  the 
Greeks  expressed  by  the  words  dvvx'i&iv  and  dizo- 
wxi&uv,1'  The  instruments  used  for  this  purpose 
were  called  bvvxiGTf/pta,  sc.  fxaxalpia.1*  This  prac- 
tice of  employing  a  man  expressly  to  pare  the  nails 
explains  Plautus's  humorous  description  of  the 
miserly  Euclio  : 

"  Quin  ipsi  quidem  tonsor  ungues  dempserat, 
Collcgit,  omnia  abstulit  prcesegmina."15 

Even  to  the  miser  it  did  not  occur  to  pare  his  nails 
himself,  and  save  the  money  he  would  have  to  pay; 
but  only  to  collect  the  parings,  in  hope  of  making 
something  by  them.  So  Martial,  in  rallying  a  fop, 
who  had  tried  to  dispense  with  the  barber's  servi- 
ces by  using  different  kinds  of  plasters,  &c,  asks 
him,16  Quid  facient  ungues  1  What  will  your  nails 
do  1  How  will  you  get  your  nails  pared  1  So  Ti- 
bullus  says,17  quid  (prodest)  ungues  artificis  docta 
subsecnisse  manu ;  from  which  it  appears  that  the 
person  addressed  was  in  the  habit  of  employing  one 
of  the  more  fashionable  tonsors.  The  instruments 
used  are  referred  to  by  Martial.18 

BAR'BITOS  (pupenoc  or  (SapCcrov),  a  stringed  in- 
strument, called  by  Theocritus  noXvxopdoc.19  The 
iEolic  form  (3dp/uTogw  led  the  grammarians  to  de- 
rive the  word  from  f3apvc  and  /llitoc,  a  thread  or 
string  ;  but  according  to  Strabo,21  who,  if  the  read- 
ing be  correct,  makes  it  the  same  with  aa/j.6vKn,  it 
was  of  foreign  origin.  Pindar,  in  a  fragment  quoted 
by  Atheneeus,  refers  the  invention  of  it  to  Terpan- 
der,aa  but  in  another  place23  it  is  ascribed  to  Anac- 
reon.  Dionysius2*  tells  us  that  in  his  day  it  was 
not  in  use  among  the  Greeks,  but  that  the  Romans, 
who  derived  it  from  them,  still  retained  it  at  ancient 
sacrifices.  It  is  impossible  to  determine  its  exact 
form  with  any  certainty :  later  writers  use  the  word 
as  synonymous  with  Ivpa.  (Vid.  Lyra.) 
BARDOCUCUL'LUS.  (Vid.  Ccjcullus.) 
*BASALT'ES,  a  species  of  marble,  as  Pliny25 

1  v'S*ina,  vol.  ii.,  p.  60.)— 2.  (Sat.,  i.,  3,  31.— Epist.,  i.,  1, 
94.)— 3.  (ii.,  34.)— 4.  (Aristoph.,  Equit.,  908.)— 5.  (Aul.  Gell., 
vii.,  12.— Cic,  Pro  Rose.  Com.,  7.)— 6.  (Capt.,  II.,  ii.,  17.)— 7. 
(Lamprid.,  Heliog.,  c.  31.)— 8.  (Aristoph.,  Thesm.,  220<-Pol- 
lux,  Onom.,  ii.,  32.— Petror..,  94.)— 9.  (Plin.,  H.  N.,  xxxii.,  10, 
47.)— 10.  (Martial,  vi.,  93,  9.)— 11.  (Plin.,iii.,  74.)— 12.  (lb.,  iii., 
74;  x,65.)— 13-  (Aristoph.,  Equit.,  706.— Schol.  in  loc— Theo- 
phrast,  Chnract.,  c.  26.— Pollux,  Onom.,  ii.,  146.)— 14.  (Pollux, 
Onom.,  x.,  140  )— 15.  (Aulul.,  ii.,  4,  34.)— 16.  (Epig.,  iii.,  74.)— 
17.  (i.,  8,  11.) — 18.  (Epig.,xiv.,36:  Instrumenta  tonsona.) — 19. 
(xvi.,  45.)— 20  (Pollux,  Onom.,  iv.,  9.— Etym.  Mag.  in  voce.)— 
21.  (x.,  471,  c,  ed.  Casaub.)— 22.  (Atheneeus,  iv.,  p.  635,  a.)— 
23.  (Athen  ,  vv.,  p.  175.)— 24.  (Ant.  Rom.,  vii.,  72.)— 25.  (H. 
N  ,  xxxvi.,  9.'» 


terms  it,  found  in  Ethiopia,  of  the  colour  and  nard- 
ness  of  iron,  whence  its  name,  from  an  Oriental  term 
basalt,  signifying  "iron."  To  what  Eastern  lan- 
guage this  word  belongs  is  not  known ;  we  may  com- 
pare with  it,  however,  the  Hebrew  bazzcl.  Pliny 
speaks  of  fine  works  of  art  in  Egyptian  basalt,  and 
of  these  some  have  found  their  way  to  Rome,  as 
the  lions  at  the  base  of  the  ascent  to  the  Capitol, 
and  the  Sphinx  of  the  Villa  Borghese.1  Winckel- 
mann  distinguishes  two  kinds  of  this  stone :  the 
black,  which  is  the  more  common  sort,  is  the  ma- 
terial of  the  figures  just  mentioned ;  the  other  vari- 
ety has  a  greenish  hue.3  We  must  be  careful  not 
to  confound  the  basaltes  of  the  ancients  with  the 
modern  basalt.  The  former  was  merely  a  species 
of  syenite,  commonly  called  basaltoid  syenite,  black 
Egyptian  basalt,  and  "  basalte  antique."  The  ba- 
salt of  the  moderns  is  a  hard,  dark-coloured  rock, 
of  igneous  origin.3 

BASANISTAI.     (Vid.  Basanos.) 

♦BASANPTES  LAPIS  (j3aaavcTng  lidoc),  called 
also  Basanos  and  Lapis  Lydius,  the  Touchstone. 
Its  Greek  and  English  names  both  refer  to  its  office 
of  trying  metals  by  the  touch.  The  appellation  of 
"  Lydian  Stone"  was  derived  from  the  circumstance 
of  Lydia  having  been  one  of  its  principal  localities. 
It  was  also  obtained  in  Egypt,  and,  besides  the  use 
just  mentioned,  was  wrought  into  various  orna- 
ments, as  it  still  is  at  the  present  day.  Other 
names  for  the  Touchstone  were  Chrysites,  from  its 
particular  efficacy  in  the  trial  of  gold,  and  Coticula, 
because  generally  formed,  for  convenience'  sake, 
into  the  shape  of  a  small  whetstone.*  The  Basa- 
nite  or  Touchstone  differs  but  little  from  the  com- 
mon variety  of  silicious  slate.  Its  colour  is  grayish 
or  bluish  black,  or  even  perfectly  black.  If  a  bar  of 
gold  be  rubbed  against  the  smooth  surface  of  this 
stone,  a  metallic  trace  is  left,  by  the  colour  of  which 
an  experienced  eye  can  form  some  estimate  of  the 
purity  of  the  gold.  This  was  the  ancient  mode  of 
proceeding.  In  modern  times,  however,  the  judg- 
ment is  still  farther  determined  by  the  changes  pro- 
duced in  this  metallic  trace  by  the  application  of  ni- 
tric acid  (aquafortis),  which  immediately  dissolves 
those  substances  with  which  the  gold  may  be  al- 
loyed. Basalt  and  some  other  varieties  of  argillite 
answer  the  same  purpose.  The  touchstones  em- 
ployed by  the  jewellers  of  Paris  are  composed  chief- 
ly of  hornblende.  Brogniart  calls  it  Corneenne  Lyd- 
ienne.* 

BAS'ANOS  ((idaavoc),  the  general  term  among 
the  Athenians  for  the  application  of  torture.  By  a 
decree  of  Scamandrius,  it  was  ordained  that  no  free 
Athenian  could  be  put  to  the  torture  ;6  and  this  ap- 
pears to  have  been  the  general  practice,  notwith- 
standing the  assertion  of  Cicero7  to  the  contrary 
(de  institutis  Athcniensium,  Rhodiorum — apud  quos 
liberi  civesque  torquentur).  The  only  two  apparent 
exceptions  to  this  practice  are  mentioned  by  Anti- 
phon8  and  Lysias.9  But,  in  the  case  mentioned 
by  Antiphon,  Bockh10  has  shown  that  the  torture 
was  not  applied  at  Athens,  but  in  a  foreign  country ; 
and  in  Lysias,  as  it  is  a  Plateean  boy  that  is  spokec 
of,  we  have  no  occasion  to  conclude  that  he  was  ac 
Athenian  citizen,  since  we  learn  from  Demosthe 
nes11  that  all  Plataeans  were  not  necessarily  Athe 
nian  citizens.  It  must,  however,  be  observed,  that 
the  decree  of  Scamandrius  does  not  appear  to  have 
interdicted  the  use  of  torture  as  a  means  of  execu- 
tion, since  we  find  Demosthenes12  reminding  the 

1.  (Moore's  Mineralogy,  p.  82.) — 2.  (Winckelmann,  Werke, 
vol.  v.,  p.  110,  409,  &c.)— 3.  (Fee  in  Plin.,  I.e.)— 4.  (Hill's  The- 
ophrastus,  p.  189,  in  notis.) — 5.  (Cleaveland's  Mineralogy,  p 
300.) — 6.  (Andoc.,  De  Myst.,  22. — Compare  Lys.,  irefit  rpavfx., 
177.— c.  Agorat.,  462.)— 7.  (Orat.  Prat.,  c.  34.)— 8.  (De  Herod, 
caed.,  729.)— 9.  (c.  Simon,  153.)— 10.  (Staatshaus.  tier  Athener, 
i.,  p.  199;  ii.,  p.  412.)— II.  ^c.Neter..  13R;  ^ — 12.  (De  Cor.,  271.J 

139 


BASILEUS. 


BASILICA. 


judges  that  they  had  put  Antiphon  to  death  by  the 
rack  (aTpe6?Mcavreg).1 

The  evidence  of  slaves  was,  however,  always  ta- 
ken with  torture,  and  their  testimony  was  not  oth- 
erwise received.1  From  this  circumstance  their 
testimony  appears  to  have  been  considered  of  more 
value  than  that  of  freemen.  Thus  Isaeus3  says, 
"  When  slaves  and  freemen  are  at  hand,  you  do  not 
make  use  of  the  testimony  of  freemen ;  but,  putting 
slaves  to  the  torture,  you  thus  endeavour  to  find  out 
the  truth  of  what  has  been  done."  Numerous  pas- 
sages of  a  similar  nature  might  easily  be  produced 
from  the  orators.*  Any  person  might  offer  his  own 
slave  to  be  examined  by  torture,  or  demand  that  of 
his  adversary,  and  the  offer  or  demand  was  equally 
called  npoKArjaig  elg  fiucavov  If  the  opponent  re- 
fused to  give  up  his  slave  to  be  thus  examined,  such 
a  refusal  was  looked  upon  as  a  strong  presumption 
against  him.  The  tzpoKlrjatg  appears  to  have  been 
generally  made  in  writing,5  and  to  have  been  deliv- 
ered to  the  opponent  in  the  presence  of  witnesses 
in  the  most  frequented  part  of  the  Agora  ;6  and  as 
there  were  several  modes  of  torture,  the  particular 
one  to  be  employed  was  usually  specified.7  Some- 
times, when  a  person  offered  his  slave  for  torture, 
he  gave  his  opponent  the  liberty  of  adopting  any 
mode  of  torture  which  the  latter  pleased.8  The 
parties  interested  either  superintended  the  torture 
themselves,  or  chose  certain  persons  for  this  pur- 
pose, hence  called  fiacavLcrai,  who  took  the  evi- 
dence of  the  slaves.9  In  some  cases,  however,  we 
find  a  public  slave  attached  to  the  court,  who  ad- 
ministered the  torture  ;10  but  this  appears  only  to 
have  taken  place  when  the  torture  was  administer- 
ed in  the  court,  in  presence  of  the  judges.11  This 
public  mode  of  administering  the  torture  was,  how- 
ever, certainly  contrary  to  the  usual  practice.12  The 
general  practice  was  to  read  at  the  trial  the  depo- 
sitions of  the  slaves,  which  were  called  fiaoavoi,13 
and  to  confirm  them  by  the  testimony  of  those  who 
were  present  at  the  administration  of  the  torture. 

BASCAN'IA.     (Vid.  Fascinum.) 

BASCAUDA,  a  British  basket.  This  term,  which 
remains  with  very  little  variation  in  the  Welsh 
"basgawd"  and  the  English  "basket,"  was  con- 
veyed to  Rome  together  with  the  articles  denoted 
by  it.  We  find  it  used  by  Juvenal1*  and  by  Mar- 
tial15 in  connexions  which  imply  that  these  articles 
were  held  in  much  esteem  by  the  luxurious  Ro- 
mans. In  no  other  manufacture  did  our  British  an- 
cestors excel  so  as  to  obtain  for  their  productions  a 
similar  distinction.16  In  what  consisted  the  curios- 
ity and  the  value  of  these  baskets,  we  are  not  in- 
formed ;  but  they  seem  to  be  classed  among  vessels 
capable  of  holding  water. 

BASILEIA  (BaalXeta)  was  the  name  of  a  festival 
celebrated  at  Lebadeia,  in  Boeotia,  in  honour  of  Tro- 
phonius,  who  had  the  surname  of  BaatTievg.  This 
festival  was  also  called  Trophonia — Tpo<j>6via  ;17 
and  was  first  observed  under  the  latter  name  as  a 
general  festival  of  the  Boeotians  after  the  battle  of 

"  BASILEUS  (J3aoaevg\  ANAX  (ova?),  titles  ori- 
ginally given  to  any  persons  in  authority,  and  ap- 

1  (Compare  Plutarch,  Phoc,  c.  35.) — 2.  (Antiph.,  Tetral.,  i., 
p.  633.)— 3.  (De  Ciron.  Hered  ,  202.)— 4.  (Compare  Demosth., 
c.  Oneror.,  i.,  p.  874. — Antiphon,  De  Choreut.,  778. — Lycurg., 
c.  Leocr.,  159-162.)— 5.  (Demosth.,  c.  Pantaen.,  978.)— 6.  (De- 
niostt..,  c.  Aphob.,  iii.,  848.) — 7.  (Demosth.,  c.  Steph.,  i.,  1120.) 
--8.  (A.ntiph.,  De  Choreut.,  777.) — 9.  (tXd/iEvoi  Paoaviards, 
airrivrfiaanEV  ch  ro  'K^ata-elov:  Isocr.,  Trap.,  c.  9. — Compare 
Demosth.,  c.  Pantaen.,  978,  979. — Antiph.,  YLarrtyopia  (pap/xaK; 
609.) — 10.  {irapiarai  6i  rjot)  6  Srjfitos,  Kal  (iaijaviel  ivavr'tov  vixwv  : 
J2sch.,De  Leg.,  284,  ed.  Taylor.)— 11.  (JEsch.,  1.  p. — Demosth., 
C.  Energ.,  1144.) — 12.  (fiavaviCeiv  ovk  eotiv  ivavriov  vjxuiv  :  De- 
mosth., c.  Steph.,  i.,  1106.)  — 13.  (Harpocr.,  Suid.,  s.  v.  —  De- 
mosth., c.  Niccstrat.,  1254.)— 14.  (xii.,  46.)— 15.  (xiv.,  99.)— 16. 
(Henry's  Hist,  of  Britain,  b.  i.,  c.  6,  p.  226.)— 17.  (Pcllux,  Onom., 
i.,  1,  $  37  1—18.  (Diod.  Sic.,  xv.,  53.) 
140 


plied  in  the  first  instance  indiscriminately,  without 
any  accurate  distinction.  In  the  government  ol 
Phaeacia,  which  was  a  mixed  constitution,  consist- 
ing of  one  supreme  magistrate,  twelve  peers  or 
councillors,  and  the  assembly  of  the  people,  each  ol 
the  twelve  who  shared,  as  well  as  the  one  whn 
nominally  possessed  the  supreme  power,  is  desig- 
nated by  the  word  fiaoikevg,1  which  title  became 
afterward  strictly  appropriated  in  the  sense  of  our 
term  king ;  but  Lva\  continued  long  to  have  a  much 
wider  signification.  In  the  CEdipus  Tyrannus,  the 
title  ava%  is  applied  to  Apollo,2  to  Tiresias,3  to  Cre- 
on  and  CEdipus,*  and  to  the  Chorus.5  Isocrates* 
uses  j3aailevg  in  the  sense  of  king,  and  avafj  as  ex- 
actly synonymous  with  prince,  calling  the  king's 
sons  uvaKTeg,  and  his  daughters  dvaccai.  The  title 
of  basileus  was  applied  to  magistrates  in  some  re- 
publican states,  who  possessed  no  regal  power,  but 
who  generally  attended  to  whatever  was  connected 
with  the  religion  of  the  state  and  public  worship. 
Thus  the  second  archon  at  Athens  had  the  title  of 
basileus  (vid.  Archon),  and  we  find  magistrates 
with  the  same  title  in  the  republican  states  of  Del- 
phi,7 Siphnos,8  Chalcedon,  Cyzicus,  &c.9 

After  the  introduction  of  the  republican  form  of 
government  into  the  Grecian  communities,  anothei 
term  (rvpavvog,  tyrannus)  came  into  use,  in  contra- 
distinction to  the  other  two,  and  was  used  to  desig- 
nate any  citizen  who  had  acquired  and  retained  for 
life  the  supreme  authority  in  a  state  which  had  pre- 
viously enjoyed  the  republican  form  of  government. 
The  term  tyrant,  therefore,  among  the  Greeks,  had 
a  different  signification  from  its  usual  acceptance  in 
modern  language  ;  and  when  used  reproachfully,  it 
is  only  in  a  political,  and  not  a  moral  sense ;  for 
many  of  the  Greek  tyrants  conferred  great  benefits 
upon  their  country. 

BASILTCA  (sc.  cedes,  aula,  porticus — (3aai7iiKTf, 
also  regia10),  a  building  which  seived  as  a  court  of 
law  and  an  exchange,  or  place  of  meeting  for  mer- 
chants and  men  of  business.  The  term  is  derived, 
according  to  Philander,11  from  pacnlevg,  a  king,  in 
reference  to  early  times,  when  the  chief  magistrate 
administered  the  laws  he  made ;  but  it  is  more  im- 
mediately adopted  from  the  Greeks  of  Athens, 
whose  second  archon  was  styled  upxuv  fiaci'kevg, 
and  the  tribunal  where  he  adjudicated  aroa  fiaa'CK- 
€Log,la  the  substantive  aula  or  portions  in  Latin  be- 
ing omitted  for  convenience,  and  the  distinctive  ep- 
ithet converted  into  a  substantive.  The  Greek 
writers,  who  speak  of  the  Roman  basilica?,  call  them 
sometimes  croal  (3aaiAiKai,  and  sometimes  merely 
Croat. 

The  first  edifice  of  this  description  was  not  erect- 
ed until  B.C.  182  ;15  for  it  is  expressly  stated  by  the 
historian  that  there  were  no  basiheae  at  the  time  of 
the  fire,  which  destroyed  so  many  buildings  in  the 
Forum,  under  the  consulate  of  Marcellus  and  Laevi- 
nus,  B.C.  212.1*  It  was  situated  in  the  Forum  ad- 
joining the  Curia,  and  was  denominated  Basilica 
Porcia,  in  commemoration  of  its  founder,  M.  Por- 
cius  Cato.  Besides  this,  there  were  twenty  others, 
erected  at  different  periods,  within  the  city  of 
Rome,15  of  which  the  following  are  the  most  fre- 
quently alluded  to  by  the  ancient  authors  :  1.  Basil- 
ica Scmpronia,  constructed  by  Titus  Sempronius, 
B.C.  171, 16  and  supposed,  by  Donati  and  Nardini, 
to  have  been  between  the  vicus  Tuscus  and  the 
Velabrum.  2.  Basilica  Opimia,  which  was  above 
the  Comitium.     3.  Basilica  Pauli  Mmilii,  or  Basili- 


BASILICA 


BASILICA. 


ca  JEmilia,  called  also  Regia  Pauli  by  Statius.1 
Cicero3  mentions  two  basilica?  of  this  name,  of 
which  one  was  built,  and  the  other  only  restored, 
by  Paulus  iEmilius.  Both  these  edifices  were  in 
the  Forum,  and  one  was  celebrated  for  its  open  per- 
istyle of  Phrygian  columns,3  which  Plutarch  (Cces.) 
states  was  erected  by  L.  JEmilius  Paulus  during  his 
consulship,  at  an  expense  of  1500  talents,  sent  to 
aim  by  Caesar  from  Gaul,  as  a  bribe  to  gain  him 
over  from  the  aristocratical  party.  A  representa- 
tion of  this  is  given  below.  4.  Basilica  Pompeii, 
called  also  regia,*  near  the  theatre  of  Pompey.  5. 
Basilica  Julia,  erected  by  Julius  Caesar,  in  the  Fo- 
rum, and  opposite  to  the  Basilica  ^Emilia.  It  was 
from  the  roof  of  this  building  that  Caligula  scatter- 
ed money  among  the  people  for  several  successive 
days.5  6.  Basilica  Caii  el  Lucii,  the  grandsons  of 
Augustus,  by  whom  it  was  founded.6  7.  Basilica 
Ulpia  or  Trajani,  in  the  Forum  of  Trajan.  8.  Basil- 
ica Constantini,  erected  by  the  Emperor  Constan- 
tine,  supposed  to  be  the  ruin  now  remaining  on  the 
Via  Sacra,  near  the  Temple  of  Rome  and  Venus, 
and  commonly  called  the  Temple  of  Peace.  Of  all 
these  magnificent  edifices,  nothing  now  remains  be- 
yond the  ground  plan,  and  the  bases  and  some  por- 
tion of  the  columns  and  superstructure  of  the  last 
two.  The  basilica  at  Pompeii  is  in  better  preserva- 
tion ;  the  external  walls,  ranges  of  columns,  and 
tribunal  of  the  judges  being  still  tolerably  perfect  on 
the  ground  floor. 

The  Forum,  or,  where  there  was  more  than  one, 
the  one  which  was  in  the  most  frequented  and  cen- 
tial  part  of  the  city,  was  always  selected  for  the 
site  of  a  basilica ;  and  hence  it  is  that  the  classic 
writers  not  unfrequently  use  the  terms  forum  and 
basilica  synonymously,  as  in  the  passage  of  Clau- 
dian7 — Desuetaqu-e  cingit  Regius auratis  fora  fascibus 
Ulpia  lictor,  where  the  Forum  is  not  meant,  but  the 
basilica  which  was  in  it,  and  which  was  surround- 
ed by  the  lictors  who  stood  in  the  Forum.8 

Vi'ruvius9  directs  that  the  most  sheltered  part  of 
the  Forum  should  be  selected  for  the  site  of  a  basil- 
ica, in  order  that  the  public  might  suffer  as  little  as 
possible  from  exposure  to  bad  weather,  while  going 
to,  or  returning  from,  their  place  of  business ;  he 
might  also  have  added,  for  their  greater  convenience 
white  engaged  within,  since  many  of  these  edifices, 
and  all  of  the  more  ancient  ones,  were  entirely  open 
to  the  external  air,  being  surrounded  and  protected 
solely  by  an  open  peristyle  of  columns,  as  the  an- 
nexed representation  of  the  Basilica  ^Emilia,  from  a 
medal  of  Lepidus,  with  the  inscription,  clearly 
p.bows : 

'[/niiwwww 

7/Mii\\\\\^ 


r 
- 
•v 

00 

SJ 
H 
■3 


2 
? 

b 


When,  however,  the  Romans  became  wealthy 
and  refined,  and,  consequently,  more  effeminate,  a 
wall  was  substituted  for  the  external  peristyle,  and 
the  columns  were  confined  to  the  interior ;  or,  if 
used  externally,  it  was  only  in  decorating  the  -po- 
j'aof,  or  vestibule  of  entrance.  This  was  the  only 
change  which  took  place  in  the  form  of  these  build- 
ings from  the  time  of  their  first  institution  until 

1.  (1.  c.)— 2.  (Ad  Att.,  iv.,  16.)— 3.  (Plin.,  H.  N.,  xxxvi.,  24, 
1.— Appian,  De  Bell.  Civ.,  lib.  ii.) — 4.  (Suet.,  Octav.,  31.)— 5. 
(Suet.,  Calig.,  37.)  — 6.  (Suet.,  Octav.,  29.)  — 7.  (De  Honor. 
Cons.,  vi.,  645.)— S.  (7  tisc,  Lex.  Ant.,  1.  c.  —  Nard.,  Rom. 
Ant,  v.,  9.)—  9.  fr  .  1.) 


they  were  converted  into  Christian  churches  The 
ground  plan  of  all  of  them  is  rectangular,  and  their 
width  not  more  than  half,  nor  less  than  one  third 
of  the  length  ;l  but  if  the  area  on  which  the  edi- 
fice was  to  be  raised  was  not  proportionably  long, 
small  chambers  {chalcidica)  were  clt  off  from  one 
of  the  ends,3  which  served  as  conveniences  for  the 
judges  or  merchants.  This  area  was  divided  into 
three  naves,  consisting  of  a  centre  {media  porticus) 
and  two  side  aisles,  separated  from  the  centre  one 
each  by  a  single  row  of  columns :  a  mode  of  con- 
struction particularly  adapted  to  buildings  intended 
for  the  reception  of  a  large  concourse  of  people.  At 
one  end  of  the  centre  aisle  was  the  tribunal  of  the 
judge,  in  form  either  rectangular  or  circular,  and 
sometimes  cut  off  from  the  length  of  the  grand  nave 
(as  is  seen  in  the  annexed  plan  of  the  basilica  at 
Pompeii,  which  also  affords  an  example  of  the 
chambers  of  the  judices  or  chalcidica  above  men- 
tioned), or  otherwise  thrown  out  from  the  posterior 


~T 


rx± 


-T— I~ 


—VJ-1 


f         I" 


"fe 


\ 

K 

l- 


wall  of  the  building,  like  the  tribune  of  some  of  the 
most  ancient  churches  in  Rome,  and  then  called  the 
hemicycle  :  an  instance  of  which  is  afforded  in  the 
Basilica  Trajani,  of  which  the  plan  is  given  below. 
It  will  be  observed  that  this  was  a  most  sumptuous 
edifice,  possessing  a  double  tribune,  and  double  rcw 
of  columns  on  each  side  of  the  centre  aisle,  dividing 
the  whole  into  five  naves. 

The  internal  tribune  was  probably  the  original 
construction,  when  the  basilica  was  simply  used  as 
a  court  of  justice ;  but  when  those  spacious  halls 
were  erected  for  the  convenience  of  traders  as  well 
as  loungers,  then  the  semicircular  and  external 
tribune  was  adopted,  in  order  that  the  noise  ami 


confusion  in  the  basilica  might  not  interrupt  tm 
proceedings  of  the  magistrates.3  In  the  centre  of 
this  tribune  was  placed  the  curule  chair  of  the  prae 
tor,  and  seats  for  judices,  who  sometimes  amount 

1.  (Vitruv.,  1.  c.)— 2.  (Vitruv.,  1.  c.)— 3.  (Vitruv.,  J.  c.) 

141 


BASILICA. 


BASTERNA. 


en  to  the  number  of  180,1  and  the  advocates ;  and 
round  the  sides  of  the  hemicycle,  called  the  wings 
(cornua),  were  seats  for  persons  of  distinction,  as 
well  as  the  parties  engaged  in  the  proceedings.  It 
was  in  the  wing  of  the  tribune  that  Tiberius  sat  to 
overawe  the  judgment  at  the  trial  of  Granius  Mai- 
cellus.2  The  two  side  aisles,  as  has  been  said, 
were  separated  from  the  centre  one  by  a  row  of  col- 
umns, behind  each  of  which  was  placed  a  square 
pier  or  pilaster  (parastata3),  which  supported  the 
flooring  of  an  upper  portico,  similar  to  the  gallery 
of  a  modern  church.  The  upper  gallery  was  in 
like  manner  decorated  with  columns,  of  lower  di- 
mensions than  those  below ;  and  these  served  to 
support  the  roof,  and  were  connected  with  one  an- 
other by  a  parapet  wall  or  balustrade  (pluteus*), 
which  served  as  a  defence  against  the  danger  of 
falling  over,  and  screened  the  crowd  of  loitereis 
above  (subbasilicani5)  from  the  people  of  business  in 
the  area  below.6  This  gallery  reached  entirely 
round  the  inside  of  the  building,  and  was  frequented 
by  women  as  well  as  men,  the  women  on  one  side 
and  the  men  on  the  other,  who  went  to  hear  and 
see  what  was  going  on.7  The  staircase  which  led 
to  the  upper  portico  was  on  the  outside,  as  is  seen 
in  the  plan  of  the  Basilica  of  Pompeii.  It  is  simi- 
larly situated  in  the  Basilica  of  Constantine.  The 
whole  area  of  these  magnificent  structures  was 
covered  with  three  separate  ceilings,  of  the  kind 
called  testudinatum,  like  a  tortoise-shell ;  in  techni- 
cal language  now  denominated  coved,  an  expression 
used  to  distinguish  a  ceiling  which  has  the  general 
appearance  of  a  vault,  the  central  part  of  which  is, 
however,  flat,  while  the  margins  incline  by  a  cylin- 
drical shell  from  each  of  the  four  sides  of  the  cen- 
tral square  to  the  side  walls ;  in  which  form  the 
ancients  imagined  a  resemblance  to  the  shell  of  a 
tortoise. 

From  the  description  which  has  been  given,  it 
will  be  evident  how  much  these  edifices  were  adapt- 
ed, in  their  general  form  and  construction,  to  the 
uses  of  a  Christian  church ;  to  which  purpose  some 
of  them  were,  in  fact,  converted,  as  may  be  inferred 
from  a  passage  in  Ausonius,  addressed  to  the  Em- 
peror Gratianus  :  Basilica  olim  negotiis  plena,  nunc 
votis  pro  tua  salute  susceptis*  Hence  the  later  wri- 
ters of  the  Empire  apply  the  term  basilicae  to  all 
churches  built  after  the  model  just  described  ;  and 
such  were  the  earliest  edifices  dedicated  to  Chris- 
tian worship,  which,  with  their  original  designation, 
continue  to  this  day,  being  still  called  at  Rome  ba- 
siliche.  A  Christian  basilica  consisted  of  four  prin- 
cipal parts  :  1.  Upovaoc,  the  vestibule  of  entrance. 
2.  Ncvc,  navis,  and  sometimes  gremium,  the  nave 
or  centre  aisle,  which  was  divided  from  the  two 
side  ones  by  a  row  of  columns  on  each  of  its  sides. 
Here  the  people  assembled  for  the  purposes  of  wor- 
ship. 3.  "Afidov  (from  avadaiveiv,  to  ascend),  cho- 
rus (the  choir),  and  suggestum,  a  part  of  the  lower 
extremity  of  the  nave  raised  above  the  general  level 
of  the  floor  by  a  flight  of  steps.  4.  'leparetov,  lepbv 
flrjua,  sanctuarium,  which  answered  to  the  tribune 
of  the  ancient  basilica.  In  the  centre  of  this  sanc- 
tuary was  placed  the  high  altar,  under  a  tabernacle 
or  canopy,  such  as  still  remains  in  the  Basilica  of 
St.  John  of  Lateran  at  Rome,  at  which  the  priest 
officiated  with  his  face  turned  towards  the  people. 
Around  this  altar,  and  in  the  wings  of  the  sanctua- 
rium, were  seats  for  the  assistant  clergy,  with  an 
elevated  chair  for  the  bishop  at  the  bottom  of  the 
circle  in  the  centre.9 


1.  (Plin.,  Ep.,  vi.,  33.)— 2.  (Tacit.,  Ann.,  i.,  75.)— 3.  (Vitruv., 
I.  c.)— 4.  (Vitruv.,  1.  c.)— 5.  (Plant.,  Capt.,  IV.,  ji.,35.)— 6.  (Vi- 
truv., 1.  c.)— 7.  (Plin.,  1.  c.)— 8.  (Grat.  Act.  pro  consulatu.)— 9. 
(Theatr.  Basil.  Pisan.,  cura  Josep.  Marl.  Canon.,  iii.,  p.  8. — Ci- 
amp.,  Vet.  Mori.,  i.,  ii.,  et  De  Sacr.  Ed.,  passim.) 
142 


BASILTCA  (BaatXtKal  ALard^eic).  About  A.D. 
876,  the  Greek  emperor  Basilius,  the  Macedonian, 
commenced  this  work,  which  was  completed  by  his 
son  Leo,  the  philosopher.  Before  the  reign  of  Ba- 
silius, there  had  been  several  Greek  translations  of 
the  Pandect,  the  Code,  and  the  Institutes  ;  but  there 
was  no  authorized  Greek  version  of  them.  The 
numerous  Constitutions  of  Justinian's  successors, 
and  the  contradictory  interpretations  of  the  jurists, 
were  a  farther  reason  for  publishing  a  revised  Greek 
text  under  the  imperial  authority.  This  great  work 
was  called  Basilica,  or  BaaiTuital  Aiardtijeic :  it  was 
revised  by  the  order  of  Constantinus  Porphyrogen- 
neta,  about  A.D.  945.  The  Basilica  comprised  the 
Institutes,  Pandect,  Code,  the  Novellae,  and  the  im- 
perial Constitutions  subsequent  to  the  time  of  Jus- 
tinian, in  a  Greek  translation,  in  sixty  books,  which 
are  subdivided  into  titles.  The  publication  of  this 
authorized  body  of  law  in  the  Greek  language  led  to 
the  gradual  disuse  of  the  original  compilation  of 
Justinian  in  the  East. 

The  arrangement  of  the  matter  in  the  Basilica  is 
as  follows  :  All  the  matter  relating  to  a  given  sub- 
ject is  selected  from  the  Corpus  Juris ;  the  extracts 
from  the  Pandect  are  placed  first  under  each  title, 
then  the  constitutions  of  the  Code,  and  next  in  or- 
der the  provisions  contained  in  the  Institutes  and 
the  Novelise,  which  confirm  or  complete  the  provis- 
ions of  the  Pandect.  The  Basilica  does  not  con- 
tain all  that  the  Corpus  Juris  contains  ;  but  it  con- 
tains numerous  fragments  of  the  opinions  of  ancient 
jurists,  and  of  imperial  Constitutions,  which  are  not 
in  the  Corpus  Juris. 

The  Basilica  was  published,  with  a  Latin  version, 
by  Fabrot,  Paris,  1647,  seven  vols.  fol.  Fabrot  pub- 
lished only  thirty-six  books  complete,  and  six  oth' 
ers  incomplete :  the  other  books  were  made  up 
from  an  extract  from  the  Basilica  and  the  scholiasts. 
Four  of  the  deficient  books  were  afterward  found  in 
MS.,  and  published  by  Gerhard  Meerman,  with  a 
translation  by  M.  Otto  Reitz,  in  the  fifth  volume  of 
his  Thesaurus  Juris  Civilis  et  Canonici ;  and  they 
were  also  published  separately  in  London  in  1765, 
folio,  as  a  supplement  to  Fabrot's  edition.  A  new 
critical  edition,  by  the  brothers  Heimbach,  was  com- 
menced in  1833,  and  is  now  in  progress. 

*BASILISCUS  (j3aaiXcaKoc),  the  Basilisk,  some- 
times called  Cockatrice,  from  the  vulgar  belief  in 
modern  times,  that  it  is  produced  from  the  egg  of 
a  cock.  "  Nicander  describes  it,"  observes  Dr.  Ad- 
ams, "  as  having  a  small  body,  about  three  palms 
long,  and  of  a  shining  colour.  All  the  ancient  au 
thors  speak  with  horror  of  the  poison  of  the  Basilisk, 
which  they  affirm  to  be  of  so  deadly  a  nature  as  to 
prove  fatal,  not  only  when  introduced  into  a  wound, 
but  also  when  transmitted  through  another  object. 
Avicenna  relates  the  case  of  a  soldier,  who,  having 
transfixed  a  basilisk  with  a  spear,  its  venom  proved 
fatal  to  him,  and  also  to  his  horse,  whose  lip  was  ac- 
cidentally wounded  by  it.  A  somewhat  similar  sto- 
ry is  alluded  to  by  Lucan.1  Linnaeus,  regarding,  of 
course,  all  the  stories  about  the  Basilisk  as  utterly 
fabulous,  refers  this  creature,  as  mentioned  by  the 
ancients,  to  the  Lacerta  Iguana.  I  cannot  help  think- 
ing it  very  problematical,  however,  whether  the  Ig- 
uana be  indeed  the  Basilisk  of  the  ancients.  Cal- 
met  supposes  the  Scriptural  basilisk  to  be  the  same 
with  the  Cobra  di  Capello,  but  I  am  not  aware  of 
its  being  found  in  Africa.  The  serpent  which  is 
described  under  the  name  of  Buskah  by  Jackson, 
would  answer  very  well  in  most  respects  to  the 
ancient  descriptions  of  the  Basilisk."3 

BASTER'NA,  a  kind  of  litter  (lectica)  in  which 
women  were  carried  in  the  time  of  the  Roman  em- 

1.  (Phars.,  ix.,  726.) — 2.  (Jackson's  Account  of  Morocco  i> 
109. — Adams,  .Append  ,  s.  v.) 


BATHS. 


BATHS. 


peiors.  It  appears  to  have  resembled  the  lectica 
[vid.  Lectica  J  very  closely  ;  and  the  only  difference 
apparently  was,  that  the  lectica  was  carried  by 
slaves,  and  the  basterna  by  two  mules.  Several 
etymologies  of  the  word  have  been  proposed.  Sal- 
masius  supposes  it  to  be  derived  from  the  Greek 
fjaordfr.1  A  description  of  a  basterna  is  given  by 
a  poet  in  the  Latin  Anthology.3 

BATHS. — BaXavelov,  Balnearium,  Balneum,  Ba- 
lineum, Balnea,  Balinea,  and  Thermal.  These  words 
Lre  all  commonly  translated  by  our  general  term 
bath  or  baths  ;  but  in  the  writings  of  the  earlier 
and  better  authors  they  are  used  with  a  nice  dis- 
crimination. Balneum  or  balineum,  which  is  derived 
from  the  Greek  ftahaveiov,*  signifies,  in  its  primary 
sense,  a  bath  or  bathing-vessel,  such  as  most  per- 
sons of  any  consequence  among  the  Romans  pos- 
sessed in  their  own  houses  ;  in  which  sense  it  is 
used  by  Cicero,*  balineum  calefieri  jubebo,  and  from 
that  it  came  to  signify  the  chamber  which  con- 
tained the  bath5  {labrum  si  in  balineo  non  est),  which 
is  also  the  proper  translation  of  the  word  balneari- 
um.  The  diminutive  balneolum  is  adopted  by  Sen- 
eca6 to  designate  the  bath-room  of  Scipio,  in  the 
villa  at  Liternum,  and  is  expressly  used  to  charac- 
terize the  unassuming  modesty  of  republican  man- 
ners, as  compared  with  the  luxury  of  his  own  times. 
But  when  the  baths  of  private  individuals  became 
more  sumptuous,  and  comprised  many  rooms  in- 
stead of  the  one  small  chamber  described  by  Sene- 
ca, the  plural  balnea  or  balinea  was  adopted,  which 
still,  in  correct  language,  had  reference  only  to  the 
baths  of  private  persons.  Thus  Cicero  terms  the 
baths  at  the  villa  of  his  brother  Quintus7  balnearia. 
Balneal  and  balinea,  which,  according  to  Varro,8 
have  no  singular  number,  were  the  public  baths. 
{Balnea  is,  however,  used  in  the  singular,  to  desig- 
nate a  private  bath,  in  an  inscription  quoted  by  Rei- 
nesius.9)  Thus  Cicero10  speaks  of  balncas  Senias, 
balneas  publicas,  and  in  vestibulo  balnearum,11  and 
Aulus  Gellius13  of  balncas  Sitias.  But  this  accuracy 
of  diction  is  neglected  by  many  of  the  subsequent 
writers,  and  particularly  by  the  poets,  among  whom 
balnea  is  not  uncommonly  used  in  the  plural  number 
to  signify  the  public  baths,  since  the  word  balnea 
could  not  be  introduced  in  an  hexameter  verse. 
Pliny  also,  in  the  same  sentence,  makes  use  of  the 
neuter  plural  balnea  for  public,  and  of  balneum  for  a 
private  bath.13  Tkerma  (from  -d-epfxn,  warmth)  mean, 
properly,  warm  springs  or  baths  of  warm  water,  but 
came  afterward  to  be  applied  to  the  structures  in 
which  the  baths  were  placed,  and  which  were  both 
hot  and  cold.  There  was,  however,  a  material  dis- 
tinction between  the  balnea  and  therma,  inasmuch 
as  the  former  was  the  term  used  under  the  Repub- 
lic, and  referred  to  the  public  establishments  of  that 
age,  which  contained  no  appliances  for  luxury  be- 
yond the  mere  convenience  of  hot  and  cold  baths, 
whereas  the  latter  name  was  given  to  those  magnifi- 
cent edifices  which  grew  up  under  the  Empire,  and 
which  comprised  within  their  range  of  buildings  all 
the  appurtenances  belonging  to  the  Greek  gymna- 
sia, as  well  as  a  regular  establishment  appropriated 
for  bathing ;  which  distinction  is  noticed  by  Juve- 
nal:1* 

"  Bum  petit  aut  thermas,  aut  Pkoebi  balneay 

Subsequent  writers,  however,  use  these  terms  with- 
out distinction.  Thus  the  baths  erected  by  Clau- 
dius Etruscus,  the  freedman  of  the  Emperor  Clau- 


1.  (Salmas.,  ad  Lamprid.,  Heliog-.,  c.  21.)— 2.  (iii.,  183.)— 3. 
(Varro,  De  Lin?.  Lat.,  ix.,  68,  ed.  Muller.)— 4.  (ad  Att.,  ii.,  3.)— 
5.  (Cic,  ad  Fam.,xiv.,  20.)— 6.  (Ep.,  86.)— 7.  (ad  Q.Fratr.,  iii., 
1,  §  1.)— 8.  (De  Lin?.  Lat.,  viii.,  25  ;  ix.,  41,  ed.  Muller.)— 9. 
(Laser.,  xi.,  115.)— 10.  (Pro  Coel.,  25.)— 11.  (lb.,  26.)— 12.  (iii., 
1  :  x..  3.)  -13.  (Ep.,  ii.,  IT.)— 14.  (Sat.   ~:i.  233.) 


dian,  are  styled  by  Statius1  balnea,  and  by  Martial 
Etrusci  thermula.     In  an  epigram,  also,  by  Mar 
tial,3  "subice  balneum  thermis,^  the  terms  are  not  ap- 
plied to  the  whole  building,  but  to  two  different 
chambers  in  the  same  edifice. 

Bathing  was  a  practice  familiar  to  the  Greeks  of 
both  sexes  from  the  earliest  times,  both  in  fresh 
water  and  salt,  and  in  the  natural  warm  springs  as 
well  as  vessels  artificially  heated.  Thus  Nausicae, 
daughter  of  Alcinous,  king  of  Phaeaeia,  goes  out  with 
her  attendants  to  wash  her  clothes,  and,  after  the 
task  is  done,  she  bathes  herself  in  the  river.*  Ulys- 
ses, who  is  conducted  to  the  same  spot,  strips  and 
takes  a  bath,  while  she  and  her  servants  stand 
aside.5  Europa  also  bathes  in  the  river  Anaurus,6 
and  Helen  and  her  companions  in  the  Eurotas.7 
Warm  springs  were  also  resorted  to  for  the  purpose 
of  bathing.  The  'Hpd/cheta  lovrpd  shown  by  Vul- 
can or  Minerva  to  Hercules  are  celeorated  by  the 
poets.  Pindar  speaks  of  the  hot  bath  of  the  hymphs 
— -frepiia  ~Nvu<j>uv  Aowrpa,8  and  Homrr *  celebirites  one 
of  the  streams  of  the  Scamander  /or  its  warm  tem- 
perature. The  artificial  warm  Vch  was  taken  in  a 
vessel  called  dadynvQoc  by  Horn'.',10  because  it  dimin- 
ished the  uncleanliness  of  the  <*>kin,  and  £{i6aaic  by 
Athenseus.11  It  would  appea*,  from  the  description 
of  the  bath  administered  to  Ulysses  in  the  palace  of 
Circe,  that  this  vessel  did  not  contain  water  itself, 
but  was  only  used  for  the  bather  to  sit  in  while  the 
warm  water  was  poured  over  him,  which  was  heated 
in  a  large  caldron  or  tripod,  under  which  the  fire  was 
placed,  and,  when  sufficiently  warmed,  was  taken 
out  in  other  vessels,  and  poured  over  the  head  and 
shoulders  of  the  person  who  sat  in  the  dadfuvdog.13 
Where  cleanliness  merely  was  the  object  sought, 
cold  bathing  was  adopted,  which  was  considered  as 
most  bracing  to  the  nerves  ;13  but,  after  violent  bod- 
ily fatigue  or  exertion,  warm  water  was  made  use 
of,  in  order  to  refresh  the  body  and  relax  the  over- 
tension  of  the  muscles.1*  Thus  the  daduivdog  is  pre- 
pared for  Peisistratus  and  Telemachus  in  the  pal- 
ace of  Menelaus,15  and  is  resorted  to  by  Ulysses  and 
Diomed,  when  they  return  with  the  captured  horses 
of  Rhesus.16 

'Eg  p'  daaficvdovc  /3dvrec  kv&orae  lovcravTo. 

From  which  passage  we  also  learn  that  the  vessel 
was  of  polished  marble,  like  the  basins  (labra)  which 
have  been  discovered  in  the  Roman  baths.  An- 
dromache, in  the  22d  book  of  the  Iliad,  prepares  a 
hot  bath  for  Hector  against  his  return  from  battle ; 
and  Nestor,  in  the  14th,  orders  Hecamede  to  make 
ready  the  warm  bath  {■Sepud  loerpd) ;  and  the  Phae- 
acians  are  represented  as  being  addicted  to  the  van- 
ities of  dress,  warm  baths,  and  sexual  indulgence.17 

Elfiard  r'  k^n/j,ot6d,  Xarpd  re  ■dep/LLu,  /cat  evval. 

It  was  also  customary  for  the  Greeks  to  take  two 
baths  in  succession,  first  cold  and  afterward  warm ; 
thus,  in  the  passage  of  the  Iliad  just  referred  to, 
Ulysses  and  Diomed  both  bathe  in  the  sea,  and  af- 
terward refresh  themselves  with  a  warm  bath  {dad- 
/iivdog)  upon  returning  to  their  tents.  The  custom 
of  plunging  into  cold  water  after  the  warm  bath 
mentioned  by  Aristid.es,18  who  wrote  in  the  second 
century,  does  not  refer  to  the  Greeks  of  this  early 
age,  but  to  those  who  lived  after  the  subjugation  of 
their  country  by  the  Romans,  from  whom  the  habit 
was  most  probably  borrowed. 
After  bathing,  both  sexes  anointed  themselves, 

1.  (Sylv.,  i.,  5,  13.)— 2.  (vi.,  42.)— 3.  (ix.,  76.)— 4.  (Od.,  vi., 
58,  65.)— 5.  (Od.,  vi.,  210-224.)— 6.  (Mosch.,  Id.,  ii.,  31.) — V. 
(Theocr.,  Id.,  vii.,  22.)— 8.  (Olymp.,  xii.,  27.)— 9.  (II.,  xxii., 
149.) — 10.  (napu  to  rfiv  aoriv  pivvBeiv. — Phavorinua,  s.  v.  ca<\- 
uivdos.)—U.  (l,c.  19,  p.  24.)— 12.  (Od.,  x.,  359-365.)— 13.  (««'• 
AiGTa  roi;  vcvpoig  -rrpdaQopos :  Athen.,  1.  c.) — 14.  (Id.  ibid.)— 15 
(Od.,  iv..  48.)  — 16  (11.,  x.,  576.)— 17.  (Od.,  viii.,  248.)— 1> 
(Tom.  i.,  Orat.  2,  Sacr.  Serm.,  p.  515.) 

143 


BATHS. 


BATHS. 


the  women1  as  well  as  men,  in  order  that  the  skin 
might  not  be  left  harsh  and  rough,  especially  after 
waim  water.8  Oil  {eXaiov)  is  the  only  ointment 
mentioned  by  Homer  as  used  for  this  purpose,  and 
Pliny3  says  that  the  Greeks  had  no  better  ointment 
at  the  time  of  the  Trojan  war  than  oil  perfumed 
with  herbs.  In  all  the  passages  quoted  above,  the 
bathers  anoint  themselves  with  clear  pure  oil  (/UV 
klaiu) ;  but  in  the  23d  book  of  the  Iliad,*  Venus 
anoints  the  body  of  Hector  with  oil  scented  with 
roses  (fAaicj  podoevn),  and,  in  the  14th  book  of  the 
same  poem,5  Juno  anoints  herself  with  oil  "ambro- 
sial, sweet,  and  odoriferous"  (dfi6poacov,  kdavbv,  teO- 
vuuivov) :  and  elsewhere  the  oil  is  termed  kvtideg, 
sweet-smelling,  upon  which  epithet  the  commenta- 
tors and  Athenaeus6  remark  that  Homer  was  ac- 
quainted with  the  use  of  more  precious  ointments, 
but  calls  them  oil  with  an  epithet  to  distinguish 
them  from  common  oil.  The  ancient  heroes,  how- 
ever, never  "used  precious  unguents  (fivpa). 

Among  the  Greeks  as  well  as  Romans,  bathing 
was  always  a  preliminary  to  the  hour  of  meals.  In- 
deed, the  process  of  eating  seems  to  have  followed 
as  a  matter  of  course  upon  that  of  bathing;  for 
even  Nausicae  and  her  companions,  in  the  passage 
refeired  to  above,  immediately  after  they  had  bathed 
and  anointed  themselves,  sat  down  to  eat  by  the 
river's  side  while  waiting  for  the  clothes  to  dry.7 

The  Lacedaemonians,  who  considered  warm  wa- 
ter as  enervating  and  effeminate,  used  two  kinds  of 
baths,  namely,  the  cold  daily  bath  in  the  Eurotas, 
which  Agesilaus  also  used,8  and  a  dry  sudorific  bath 
in  a  chamber  heated  with  warm  air  by  means  of  a 
stove  ;9  and  from  them  the  chamber  used  by  the 
Romans  for  a  similar  purpose  was  termed  Lacon- 
itum.10 

Thus  it  seems  clear  that  the  Greeks  were  famil- 
iar with  the  use  of  the  bath,  both  as  a  source  of 
health  and  pleasure,  long  before  it  came  into  gener- 
d.  practice  among  the  Romans,  although  they  had 
5»#  public  establishments  expressly  devoted  to  the 
purpose  of  the  same  magnificence  as  the  Romans 
had  ;  in  which  sense  the  words  of  Artemidorus11 
may  be  understood,  when  he  says,  "They  were 
unacquainted  with  the  use  of  baths"  ((3aXavEla  ovk 
f/(h'taav) ;  for  it  appears  that  the  Athenians,  at  least, 
had  public  baths  {Xovrptivec)  attached  to  the  gym- 
nasia, which  were  more  used  by  the  common  peo- 
ple than  by  the  great  and  wealthy,  who  had  private 
baths  in  their  own  houses.13 

The  Romans,  as  well  as  Greeks,  resorted  to  the 
rivers,  in  the  earlier  periods  of  their  history,  from 
motives  of  health  or  cleanliness,  and  not  of  luxury ; 
for,  as  the  use  of  linen  was  little  known  in  those 
ages,13  health  as  well  as  comfort  rendered  frequent 
ablutions  necessary.  Thus  we  learn  from  Seneca1* 
that  the  ancient  Romans  washed  their  legs  and 
arms  daily,  and  bathed  their  whole  body  once  a 
week. 

It  is  not  recorded  at  what  precise  period  the  use 
of  the  warm  bath  was  first  introduced  among  the 
Romans ;  but  we  learn  from  Seneca15  that  Scipio 
had  a  warm  bath  in  his  villa  at  Liternum,  which, 
however,  was  of  the  simplest  kind,  consisting  of  a 
simple  chamber,  just  sufficient  for  the  necessary 
purposes,  and  without  any  pretension  to  luxury. 
It  was  "  small  and  dark,"  he  says,  "  after  the  man- 
ner of  the  ancients."  This  was  a  bath  of  warm 
water;  but  the  practice  of  heating  an  apartment 
with  warm  air  by  flues  placed  immediately  under  it, 

1.  (Od.,  vi.,  96.)— 2.  (Athen.,  1.  c.)— 3.  (H.  N.,  xiii,  1.)— 4. 
(1.  186.)  — 5.  (1.  172.)  — 6.  (xv.,  11.)— 7.  (Od..  vi.,  97.)  — 8. 
(Xen.,  Hellen.,  v.,  4,  v  28.— Plut.,  Ale,  23.)— 9.  (Dion,  liii.,  p. 
515,  ed.  Hannov.,  1606.) — 10.  (Compare  Strabo,  iii.,  p.  413,  ed. 
Siehenkces. — Casaub. in  loc.) — 11.  (i.,  66.)— 12.  (Xen., De  Pep. 
Ath.,  ii.,  10.) — 13.  (Fabr.,  Descr.  Urb.  Rom.,  c.  18.)— 14.  (E* , 
Sfi.)— 15.  (1.  o.) 
144 


so  as  to  produce  a  vapour  bath,  is  stated  by  Valeri- 
us Maximus1  and  by  Pliny3  to  have  been  invented 
by  Sergius  Orata,  who  lived  in  the  age  of  Crassus, 
before  the  Marsic  war.  The  expression  used  by 
Valerius  Maximus  is  balnea  pensilia,  and  by  Pliny 
balincas  pensiles,  which  is  differently  explained  by 
different  commentators  ;  but  a  single  glance  at  the 
plans  inserted  below  will  be  sufficient  in  crder  u, 
comprehend  the  manner  in  which  the  flooring  of  the 
chambers  was  suspended  over  the  hollow  cells  of 
the  hypocaust,  called  by  Vitruvius  suspensura  caU 
dariorum*  so  as  to  leave  no  doubt  as  to  the  precise 
meaning  of  the  invention,  which  is  more  fully  ex- 
emplified in  the  following  passage  ef  Ausonius  :* 
"Quid  (memorem)  qua  sulphurea  substructa  crepidme 

fumant 
Balnea,  ferventi  cum  Mulciber  haustus  operto, 
Volvit  anhelatas  tectoria  per  cavaflammas, 
Inclusum  glomerans  ceslu  exspirante  vaporem  T" 

By  the  time  of  Cicero,  the  use  of  baths,  both 
public  and  private,  of  warm  water  and  hot  air,  had 
obtained  very  generally,  and  with  a  considerable  de- 
gree of  luxury,  if  not  of  splendour,  as  may  be  col- 
lected  from  a  letter  to  his  brother,5  in  which  he  in- 
forms him  that  he  had  given  directions  for  removing 
the  vapour  bath  (assa)  into  the  opposite  angle  of  the 
undressing-room  (apodyterium),  on  account  of  the 
flue  being  placed  in  an  injudicious  situation ;  and 
we  learn  from  the  same  author  that  there  were 
baths  at  Rome  in  his  time — balneas  Senias6 — which 
were  open  to  the  public  upon  payment  of  a  small 
fee.7 

In  the  earlier  ages  of  Roman  hislory,  a  muc« 
greater  delicacy  was  observed  with  respect  to  pro- 
miscuous bathing,  even  among  tne  men,  than  was 
usual  among  the  Greeks  ;  for,  according  to  Vale- 
rius Maximus,8  it  was  deemed  indecent  for  a  father 
to  bathe  in  company  with  his  own  son  after  he  had 
attained  the  age  of  puberty,  or  a  son  in-law  with  his 
father-in-law:  the  same  respectful  reserve  being 
shown  to  blood  and  affinity  as  was  paid  to  the  tem- 
ples of  the  gods,  towards  whom  it  was  considered 
as  an  act  of  irreligion  even  to  appear  naked  in  any 
of  the  places  consecrated  to  their  worship.9  But 
virtue  passed  away  as  wealth  increased  ;  and,  w  «ien 
the  thermae  came  into  use,  not  only  did  the  men 
bathe  together  in  numbers,  but  even  men  and  women 
stripped  and  bathed  promiscuously  in  the  same  bath. 
It  is  true,  however,  that  the  public  establishments 
often  contained  separate  baths  for  both  sexes  ad- 
joining to  each  other,10  as  will  be  seen  to  have  been 
also  the  case  at  the  baths  of  Pompeii.  Aulus  Gel- 
lius11  relates  a  story  of  a  consul's  wife  who  took  a 
whim  to  bathe  at  Teanum  (Teano),  a  small  provin- 
cial town  of  Campania,  in  the  men's  baths  (balneis 
virilibus);  probably  because,  in  a  small  town,  the 
female  department,  like  that  at  Pompeii,  was  more 
confined  and  less  convenient  than  that  assigned  to 
the  men ;  and  an  order  was  consequently  given  to 
the  quaestor,  M.  Marius,  to  turn  the  men  out.  But 
whether  the  men  and  women  were  allowed  to  use 
each  other's  chambers  indiscriminately,  or  that 
some  of  the  public  establishments  had  only  one 
common  set  of  baths  for  both,  the  custom  prevailed 
under  the  Empire  of  men  and  women  bathing  indis- 
criminately together.12  This  custom  was  forbidden 
by  Hadrian13  and  by  M.  Aurelius  Antoninus;1*  and 
Alexander  Severus  prohibited  any  baths,  common 
to  both  sexes  (balnea  mixta),  from  being  opened  in 
Rome.15 

1.  (ix.,  1.)— 2.  (H.N.,ix.,  79.)— 3.  (v.,  11.)— 4.  (Mosell.,337.) 
—5.  (ad  Q.  Fratr.,  ni.,  1,  v  1.)— 6.  (Pro  Cool.,  25.)— 7.  (lb.,  26.) 
—8.  (ii.,  1,  7.)— 9.  (Compare  Cic,  De  Off.,  i.,  35.— De  Orat., 
ii.,  55.)— 10.  (Vitruv.,  v.,  10.— Varro,  De  Ling.  Lat.,  ix.,  68.)— 
11.  (x.,  3.)— 12.  (Plin.,  H.  N.,  xxxiii.,  54.)— 13.  (Span.,  Hadr., 
c.  1.) — 14.  (Capitolin.,  Anton.  Fhilosoph..  c.  23.) — 15.  (Lamprid., 
Alex.  Sev.,  c.  42.) 


BATHS. 


BATHS. 


When  the  public  baths  {balnea)  were  first  institu- 
ted, they  were  only  for  the  lower  orders,  who  alone 
bathed  in  public ;  the  people  of  wealth,  as  well  as 
those  who  formed  the  equestrian  and  senatorian  or- 
ders, using  private  baths  in  their  own  houses.  But 
this  monopoly  was  not  long  enjoyed ;  for,  as  early 
even  as  the  time  of  Julius  Caesar,  we  find  no  less  a 
personage  than  the  mother  of  Augustus  making  use 
of  the  public  establishments,1  which  were  probably, 
at  that  time,  separated  from  the  men's ;  and,  in  pro- 
cess of  time,  even  the  emperors  themselves  bathed 
in  public  with  the  meanest  of  the  people.  Thus 
Hadrian  often  bathed  in  public  among  the  herd  (cum 
omnibus*) ;  and  even  the  virtuous  Alexander  Se- 
cerns took  his  bath  among  the  populace  in  the  ther- 
mae he  had  himself  erected,  as  well  as  in  those  of 
his  predecessors,  and  returned  to  the  palace  in  his 
bathing-dress  ;3  and  the  abandoned  Gallienus  amu- 
sed himself  by  bathing  in  the  midst  of  the  young 
and  old  of  both  sexes — men,  women,  and  children.4 

The  baths  were  opened  at  sumise  and  closed  at 
sunset ;  but,  in  the  time  of  Alexander  Severus,  it 
would  appear  that  they  were  kept  open  nearly  all 
night ;  for  he  is  stated5  to  have  furnished  oil  for  his 
own  thermae,  which  previously  were  not  opened  be- 
fore daybreak  (ante  auroram),  and  were  shut  before 
sunset  (ante  vesperum) ;  and  Juvenal*  includes  in  his 
catalogue  of  female  immoralities,  that  of  taking  the 
bath  at  night  (balnea  node  subit),  which  may,  how- 
ever, refer  to  private  baths. 

The  price  of  a  bath  was  a  quadrant,  the  smallest 
piece  of  coined  money  from  the  age  of  Cicero  down- 
ward,7 which  was  paid  to  the  keeper  of  the  bath 
(balneator) ;  and  hence  it  is  termed  by  Cicero,  in  the 
oration  just  cited,  quadrantaria  pcrmutatio,  and  by 
Seneca,8  res  quadrantaria.  Children  below  a  cer- 
tain age  were  admitted  free.9 

4i  Ncc  pueri  credunt,  nisi  q'li  ncndum  arc  lavantur." 

Strangers  also,  and  foreigners,  were  admitted  to 
some  of  the  baths,  if  not  to  all .  without  payment, 
as  we  learn  from  an  inscription  found  at  Rome,  and 
quoted  by  Pitiscus.10 

L.    OCTAVIO.  L.  F.  CAM. 


RUFO.  TRIB.   MIL. 


yUi    LAVATIOXEM   GRATUITAM   MUMC1PIBUS, 

INCOLIS 

nOSPITIBUS  ET   ADVENTORItiUS. 

The  baths  were  closed  when  any  misfortune  hap- 
pened to  the  Republic  ;u  and  Suetonius  ^ays  that  the 
Emperor  Caligula  made  it  a  capital  offence  to  in- 
dulge in  the  luxury  of  bathing  upon  any  religious 
holyday.13  They  were  originally  placed  under  the 
superintendence  of  the  apdiles,  whose  business  it 
was  to  keep  them  also  m  repair,  and  to  see  that 
they  were  kept  clean  and  of  a  proper  temperature.13 
In  the  provinces,  the  same  duty  seems  to  have  de- 
volved upon  the  quaestor,  as  may  be  inferred  from 
the  passage  already  quoted  from  Aulus  Gellius.1* 

The  time  usually  assigned  by  the  Romans  for 
taking  the  bath  was  the  eighth  hour,  or  shortly  af- 
terward.15 

"  Octavam  poteris  scrvare  ;  lavabimur  una; 
Scis,  quam  sint  Stephani  balnea  juncta  mihi." 

Before  that  time  none  but  invalids  were  allowed  to 
bathe  in  public.1*  Vitruvius  reckons  the  best  hours 
adapted  for  bathing  to  be  from  midday  until  about 
sunset.17  Pliny  took  his  bath  at  the  ninth  hour  in 
summer,  and  at  the  eighth  in  winter  ;18  and  Martia. 

1.  (Suet.,  Octav.,  94.)— 2.  (Spart.,  Hack.,  c.  17.)— 3.  (Lam- 
prid.,  Alex.  Sev.,  c.  42.)— 4.  (Trebell.  Pollio,  De  Gallien.  duob., 
c.  17.)— 5.  (Lamprid.,  Alex.  Sev.,  1.  c.)— 6.  (Sat.,  vi.,  419.) 
—7.  (Cic,  Pro  Ccel.,  26.— Hor.,  Sat.,  L,  iii.,  137.-Juv.,  Sat., 
vi  ,447.)— 8.  (Ep.,  86.)— 9.  (Juven.,  S»t.,  ii.,  152.)— 10.  (Lex. 
Aut.)— 11.  (Fabr..  Descr.  Urb.  Rom.,c.  18.)— 12.  (lb.)— 13.  (lb.— 
Sen.,  Ep.,  86.)— 14.  (x.,  3.)— 15.  (Mart.,  Ep.,  x.,  48  ;  xi.,  52.)— 
16   'Lampriil..  Alex.  Sev..  24.)— 17.  (v..  10.)— 18.  (Ep.,  iii.,  1,8.) 

T 


speaks  of  taAmg  a  bath,  when  fatigued  and  weary, 
at  the  tenth  hour,  and  even  later.1 

When  the  water  was  ready  and  the  baths  pre- 
pared, notice  was  given  by  the  sound  of  a  bell — as 
the  .narum*  One  of  these  bells,  with  the  inscription 
Firmi  Balneatoris,  was  found  in  the  thermae  Dio- 
cletianae,  in  the  year  1548,  and  came  into  the  pos- 
session of  the  learned  Fulvius  Ursinus.3 

While  the  bath  was  used  for  health  merely  or 
cleanliness,  a  single  one  was  considered  sufficient 
at  a  time,  and  that  only  when  requisite.  But  the 
luxuries  of  the  Empire  knew  no  such  bounds,  and 
the  daily  bath  was  sometimes  repeated  as  many  as 
seven  and  eight  times  in  succession — the  number 
which  the  Emperor  Commodus  indulged  himself 
with.*  Gordian  bathed  seven  times  a  day  in  sum- 
mer, and  twice  in  winter ;  the  Emperor  Gallienus 
f.ix  or  seven  times  in  summer,  and  twice  or  thrice 
in  winter.5  Commodus  also  took  his  meals  in  the 
bath  ;•  a  custom  which  was  not  confined  to  a  dis- 
solute emperor  alone,  for  Martial7  attacks  a  certain 
vEmilius  for  the  same  practice,  which  passage,  how- 
ever, is  differently  interpreted  by  some  commenta- 
tors. 

It  was  the  usual  and  constant  habit  of  the  Ro- 
mans to  take  the  bath  after  exercise,  and  previous- 
ly to  their  principal  meal  (ccena) ;  but  the  debauchees 
of  the  Empire  bathed  also  after  eating,  as  well  as 
before,  in  order  to  promote  digestion,  so  as  to  ac- 
quire a  new  appetite  for  fresh  delicacies.  Nero  is 
related  to  have  indulged  in  this  practice,8  which  is 
also  alluded  to  by  Juvenal.9 

Upon  quitting  the  bath,  it  was  usual  for  the  Ro- 
mans, as  well  as  Greeks,  to  be  anointed  with  oil ;  to 
which  custom  both  Pompey  and  Brutus  are  repre- 
sented by  Plutarch  as  adhering.  But  a  particular 
habit  of  body,  or  tendency  to  certain  complaints, 
sometimes  required  this  order  to  be  reversed ;  for 
which  reason  Augustus,  who  suffered  from  nervous 
disorders,  was  accustomed  to  anoint  himself  before 
bathing;10  and  a  similar  practice  was  adopted  by 
Alexander  Severus.11  The  most  usual  practice, 
however,  seems  to  have  been  to  take  some  gentle 
exercise  (exercilatio)  in  the  first  instance,  and  then, 
after  bathing,  to  be  anointed  either  in  the  sun,  or  in 
the  tepid  or  thermal  chamber,  and  finally  to  take 
their  food. 

The  Romans  did  not  content  themselves  with  a 
single  bath  of  hot  or  cold  water,  but  they  went 
through  a  course  of  baths  in  succession,  in  which 
the  agency  of  air  ss  well  as  water  was  applied.  It 
is  difficult  to  ascertain  the  precise  order  in  which 
the  course  was  usually  taken,  if,  indeed,  there  was 
any  general  practice  beyond  the  whim  of  the  indi- 
vidual. Under  medical  treatment,  of  course  the 
succession  would  be  regulated  by  the  nature  of  the 
disease  for  which  a  cure  was  sought,  and  would 
vary,  also,  according  to  the  different  practice  of  dif- 
ferent physicians.  It  is  certain,  however,  that  it 
was  a  general  practice  to  close  the  pores  and  brace 
the  body  after  the  excessive  perspiration  of  the  va- 
pour bath,  either  by  pouring  cold  water  over  the 
head,  or  by  plunging  at  once  into  the  piscina,  or  into 
a  river,  as  the  Russians  still  do,18  and  as  the  Romans 
sometimes  did,  as  we  learn  from  Ausonius. 

"  Vidi  ego  defessos  multo  sudor e  lavacri 
Fastidisse  lacus,  et  frigora  piscinarum, 
Ut  vivis  fruerentur  aquis ;  mox  amne  refotos 
Plaudenii  gelidum  flumen  pepulisse  natatu.'int 

Musa,  the  physician  of  Augustus,  is  said  to  have 

1.  (Epigr.,  iii.,  36;-x.,  70.)— 2.  (Mart.,  Ep.,  xiv.,  163.)— 3. 
(Append,  ad  Ciaccon.,  De  Triclin.) — 4.  (Lamprid.,  Commod.,  c. 
2.)— 5.  (Capitol.,  Gall.,  c.  17.)— 6.  (Lamprid..  1.  c.)— 7.  (EpigT., 
xii.,  19.)— 8.  (Suet.,  Nero,  27.)— 9.  (Sat.,  i.,  142.)— 10.  (Suet., 
Octav.,  82.)— 11.  (Lamprid.,  Akx.  Sev.,  1.  c.)— 12.  iTooke'i 
Russia.)— 13.   (Mosell..  341.) 

145 


BATHS. 


BATHS. 


introduced  this  practice,1  which  became  quite  the 
fashion,  in  consequence  of  the  benefit  which  the 
emperor  derived  from  it,  though  Dion2  accuses  him 
of  having  artfully  caused  the  death  of  Marcellus  by 
an  improper  application  of  the  same  treatment.  In 
other  cases  it  was  considered  conducive  to  health 
to  pour  warm  waie~  over  the  head  before  the  vapour 
bath,  and  cold  wate  immediately  after  it  ;3  and  at 
other  times  a  success x»n  of  warm,  tepid,  and  cold 
water  was  resorted  to. 

The  two  physicians,  GoY,n  and  Celsus,  differ  in 
some  respects  as  to  the  oi^.er  in  which  the  baths 
should  be  taken  ;  the  former  recommending  first  the 
hot  air  of  the  Laconicum  (af:pt  #ep//<5),  next  the 
bath  of  warm  water  (vdup  ■depfj.ov  pjid  lovrpov),  af- 
terward the  cold,  and,  finally,  to  be  well  rubbed  ;* 
while  the  latter  recommends  his  patients  first  to 
sweat  for  a  short  time  in  the  tepid  chamber  (tepida- 
rium)  without  undressing  ;  then  to  proceed  into  the 
thermal  chamber  (calidarium),  and,  after  having  gone 
through  a  regular  course  of  perspiration  there,  not 
to  descend  into  the  warm  bath  (solium),  but  to  pour 
a  quantity  of  warm  water  over  the  head,  then  te- 
pid, and  finally  cold  ;  afterward  to  be  scraped  with 
the  strigil  (perfricari),  and  finally  rubbed  dry  and 
anointed.5  Such,  in  all  probability,  was  the  usual 
habit  of  the  Romans  when  the  bath  was  resorted  to 
as  a  daily  source  of  pleasure,  and  not  for  any  par- 
ticular medical  treatment ;  the  more  so,  as  it  re- 
sembles, in  many  respects,  the  system  of  bathing 
still  in  practice  among  the  Orientals,  who,  as  Sir 
W.  Gell  remarks,  "succeeded  by  conquest  to  the 
luxuries  of  the  enervated  Greeks  and  Romans."6 

In  the  passage  quoted  above  from  Galen,  it  is 
plain  that  the  word  lovrpov  is  used  for  a  warm 
bath,  in  which  sense  it  also  occurs  in  the  same  au- 
thor. Vitruvius,7  on  the  contrary,  says  that  the 
Greeks  used  the  same  word  to  signify  a  cold  bath 
(frigida  lavatio,  quam  Grceci  "kovrpov  vocitant).  The 
contradiction  between  the  two  authors  is  here  point- 
ed out,  for  the  purpose  of  showing  the  impossibility, 
as  well  as  impropriety,  of  attempting  to  fix  one  pre- 
cise meaning  to  each  of  the  different  terms  made 
use  of  by  the  ancient  writers  in  reference  to  their 
bathing  establishments. 

Having  thus  detailed  from  classical  authorities 
the  general  habits  of  the  Romans  in  connexion  with 
their  system  of  bathing,  it  now  remains  to  examine 
and  explain  the  internal  arrangements  of  the  struc- 
tures which  contained  their  baths,  which  will  serve 
as  a  practical  commentary  upon  all  that  has  been 
said.  Indeed,  there  are  more  ample  and  better  ma- 
terials for  acquiring  a  thorough  insight  into  Roman 


manners  in  this  one  particular,  than  for  any  otli«t 
of  the  usages  connected  with  their  domestic  habits 
Lucian,  in  the  treatise  which  is  inscribed  Hippias, 
has  given  a  minute  and  interesting  description  of  a 
set  of  baths  erected  by  an  architect  of  that  name, 
which  it  is  to  be  regretted  is  much  too  long  for  in- 
sertion in  this  place,  but  which  is  well  worth  peru- 
sal ;  and  an  excavation  made  at  Pompeii  between 
the  years  1824,  '25,  laid  open  a  complete  set  of  pub- 
lic baths  (balnea),  with  many  of  the  chambers,  even 
to  the  ceilings,  in  good  preservation,  and  construct- 
ed in  all  their  important  parts  upon  rules  very  simi- 
lar to  those  laid  down  by  Vitruvius. 

In  order  to  render  the  subjoined  remarks  more 
easily  intelligible,  the  preceding  woodcut  is  insert- 
ed, which  is  taken  from  a  fresco  painting  upon  the 
walls  of  the  thermae  of  Titus  at  Rome. 

The  woodcut  on  the  following  page  represents  the 
ground-plan  of  the  baths  of  Pompeii,  which  are  near- 
ly surrounded  on  three  sides  by  houses  and  shops, 
thus  forming  what  the  Romans  termed  an  insula. 

The  whole  building,  which  comprises  a  double 
set  of  baths,  has  six  different  entrances  from  the 
street,  one  of  which,  A,  gives  admission  to  the 
smaller  set  only,  which  were  appropriated  to  the 
women,  and  five  others  to  the  male  department ;  of 
which  two,  B  and  C,  communicate  directly  with  the 
furnaces,  and  the  other  three,  D,  E,  F,  with  the  ba- 
thing apartments,  of  which  F,  the  nearest  to  the 
Forum,  was  the.  principal  one  ;  the  other  two,  D  and 
E,  being  on  opposite  sides  of  the  building,  served 
for  the  convenience  of  those  who  lived  on  the  north 
and  east  sides  of  the  city.     To  have  a  variety  of 
entrances  (etjodotc  noXkalc;  Tedvpu/uevov)  is  one  ot 
the  qualities  enumerated  by  Lucian  necessary  to  a 
well-constructed  set  of  baths.1    Passing  through  the 
principal  entrance  F,  which  is  removed  from  the 
street  by  a  narrow  footway  surrounding  the  insula 
(the  outer  curb  of  which  is  marked  upon  the  plan 
by  the  thin  line  drawn  round  it),  and  after  descend- 
ing three  steps,  the  bather  finds  upon  his  left  hand 
a  small  chamber  ..i),  which  contained  a  conveni- 
ence (latrina2),  and  proceeds  into  a  covered  portico 
(2),  which  ran  rouiui  three  sides  of  an  open  court— 
atrium  (3),  and  these  together  formed  the  vestibule 
of  the  baths — vestibulum  balnearum,3  in  which  the 
servants  belonging  to  the  establishment,  as  well  as 
such  of  the  slaves  and  attendants  of  the  great  and 
wealthy  whose  services  were  not  required  in  the  in- 
terior, waited.     There  are  seats  for  their  accom- 
modation placed   underneath   the  portico  (a,  a). 
This  compartment  answers  exactly  to  the  first, 
which  is  described  by  Lucian.4    Within  this  court 


1.  (Plin.,  H.  N.,xxv.,  38.)— 2.  (liii.,  p. 517.)— 3.  (Plin.,  H.N,,        1.  (Hippias,  8.)— 2.  (Latrina  was  also  used,  previously  to  th» 
ixviii.,  14.— Celsus,  De  Med.,  i.,  3.)— 4.  (Galen,  De  Methodo  \  time  of  Varro,  for  the  bathing-vessel,  quasi  lavatrina.— Varro, 
Bredendi.  x.,  10,  p.  708,  709,  ed.  Kuhn.)— 5.  (Cels.,  De  Med.,  i.,     De  Ling.  Lat.,  ix.,  68,  ed.  Muller.— Compare  LuciL,  ap.  Non 
4  )— 6.  (Gell's  Pompeii,  vol.  1,  p.  86,  ed.  1632.)— 7.  (v.,  11.)         I  c.  3,  n.  131.)— 3.  (Cic,  Pro  Coal.,  26.)— 4.  (1.  c,  5.) 
146 


BATHS 


BATHS. 


the  keeper  01  the  baths  (balneator),  who  exacted  the 
quadrans  paid  by  each  visiter,  was  also  stationed ; 
and,  accordingly,  in  it  was  found  the  box  for  holding 
the  money.  The  room  (4)  which  runs  back  from 
the  portico  might  have  been  appropriated  to  him ; 
or,  if  not,  it  might  have  been  an  <zcus  or  exedra,  for 
the  convenience  of  the  better  classes  while  await- 
ing the  return  of  their  acquaintances  from  the  inte- 
rior, in  which  case  it  will  correspond  with  the 
chambers  mentioned  by  Lucian,1  adjoining  to  the 
servants'  waiting-place  (h  upiarepa  de  ribv  kg  rpv- 
$t]v  TvapeaKevaafiivuv  otKr/fidTuv).  In  this  court  like- 
wise, as  being  the  most  public  piace,  advertisements 
for  the  theatre,  or  other  announcements  of  general 
interest,  were  posted  up,  one  of  which,  announcing 
a  gladiatorial  show,  still  remains.  (5)  Is  the  corri- 
dor which  conducts  from  the  entrance  E  into  the 
same  vestibule.  (6)  A  small  cell  of  similar  use  as 
the  corresponding  one  in  the  opposite  corridor  (1). 
(7)  A  passage  of  communication  which  leads  into 
the  chamber  (8),  the  frigidarium,  which  also  served 
as  an  apodytcrium  or  spoliatorium,  a  room  for  un- 
dressing ;  and  which  is  also  accessible  from  the 
street  by  the  door  D,  through  the  corridor  (9),  in 
which  a  small  niche  is  observable,  which  probably 
served  for  the  station  of  another  balneator,  who  col- 
lected the  money  from  those  entering  from  the  north 
street.  Here,  then,  is  the  centre  in  which  all  the 
persons  must  have  met  before  entering  into  the  in- 
terior of  the  baths  ;  and  its  locality,  as  well  as  oth- 
er characteristic  features  in  its  fittings  up,  leave  no 
room  to  doubt  that  it  served  as  an  undressing-room 
to  the  balnea,  Pompeiancz.  It  does  not  appear  that 
any  general  rule  of  construction  was  followed  by 
the  architects  of  antiquity  with  regard  to  the  local- 
ity and  temperature  best  adapted  for  an  apodyteri- 
um.  The  word  is  not  mentioned  by  Vitruvius,  nor 
expressly  by  Lucian ;  but  he  says  enough  for  us  to 
infer  that  it  belonged  to  the  frigidarium  in  the  baths 
oi  i.J'ppias.8  "  After  quitting  the  last  apartment, 
thern  is  a  sufficient  number  of  chambers  for  the 
bathers  to  undress,  in  the  centre  of  which  is  an 
whs,  containing  three  baths  of  cold  water."  Pliny 
•  ne  younger  says  that  the  apodytcrium  at  one  of  his 
own  villas  adjoined  the  frigidarium,3  and  it  is  plain, 

«    (]   c  .  5.)— 2.  (1.  i    .n  )    1    (Ep.,  v.,  6.) 


from  a  passage  already  quoted,  that  the  apodytcrium 
was  a  warm  apartment  in  the  baths  belonging  to 
the  villa  of  Cicero's  brother  Quintus  (assa  in  alte- 
rum  apodyterii  angulum  promovi),  to  which  tempera- 
ture Celsus  also  assigns  it.  In  the  thermae  at  Rcme, 
each  of  the  hot  and  cold  departments  had  probably 
a  separate  apodytcrium  attached  to  it ;  or,  if  not,  the 
ground-plan  was  so  arranged  that  one  apodytcrium 
would  be  contiguous  to,  and  serve  for  both  or  either ; 
but  where  space  and  means  were  circumscribed,  as 
in  the  little  city  of  Pompeii,  it  is  more  reasonable  to 
conclude  that  the  frigidarium  served  as  an  apodyte- 
rium  for  those  who  confined  themselves  to  cold  ba- 
thing, and  the  tepidarium  for  those  who  commenced 
their  ablutions  in  the  warm  apartments.  The  ba- 
thers were  expected  to  take  off  their  garments  in 
the  apodytcrium,  it  not  being  permitted  to  enter  into 
the  interior  unless  naked.1  They  were  then  deliv- 
ered to  a  class  of  slaves  called  capsarii  (from  capsa, 
the  small  case  in  which  children  carried  their  books 
to  school),  whose  duty  it  was  to  take  charge  of  them. 
These  men  were  notorious  for  dishonesty,  and  lea- 
gued with  all  the  thieves  of  the  city,  so  that  they 
connived  at  the  robberies  they  were  placed  there  to 
prevent.  Hence  the  expression  of  Catullus,  "  0  fu- 
rum  optume  balneariorum  /"a  and  Trachilo,  in  the  Ru- 
dens  of  Plautus,3  complains  bitterly  of  their  rogue- 
ry, which,  in  the  capital,  was  carried  to  such  an  ex- 
cess that  very  severe  laws  were  enacted  against 
them,  the  crime  of  stealing  in  the  baths  being  made 
a  capital  offence. 

To  return  into  the  chamber  itself:  it  is  vaulted 
and  spacious,  with  stone  seats  along  two  sides  of 
the  wall  (b,  b),  and  a  step  for  the  feet  below,  slight- 
ly raised  from  the  floor  (pulvinus  et  gradus*).  Holes 
can  still  be  seen  in  the  walls,  which  might  have 
served  for  pegs  on  which  the  garments  were  hung 
when  taken  off;  for  in  a  small  provincial  town  like 
Pompeii,  where  a  robbery  committed  in  the  baths 
could  scarcely  escape  detection,  there  would  be  no 
necessity  for  capsarii  to  take  charge  of  them.  It 
was  lighted  by  a  window  closed  with  glass,  and  or- 
namented with  stucco  mouldings  and  painted  yel- 
low.   A  section  and  drawing  of  this  interior  is  giv. 

I.  (Cic,  Pro  Coel.,  26.)-  2.  (Carm.,xxxiii.,  1  )-3.  (Il.,«ur:i. 
51.)-4.  (Vitruv.,  v.,  10.) 

147 


BATHS. 


BATHS. 


en  in  Sir  W.  Gell's  Pompeii.  There  are  no  less 
than  six  doors  to  this  chamber ;  one  led  to  the  en- 
trance E,  another  to  the  entrance  D,  a  third  to  the 
small  room  (11),  a  fourth  to  the  furnaces,  a  fifth  to 
the  tepid  apartment,  and  the  sixth  opened  upon  the 
cold  bath  (10),  named  indifferently  by  the  ancient 
authors,  natatio,  natatorium,  piscina,  baptisterium, 
puteus,  "kovTpov.  The  word  baptisterium}  is  not  a 
bath  sufficiently  large  to  immerse  the  whole  body, 
but  a  vessel  or  labrum,  containing  cold  water  for 
pouring  over  the  head.2  The  bath,  wrhich  is  coat- 
ed with  white  marble,  is  12  feet  10  inches  in  diam- 
eter, and  about  three  feet  deep,  and  has  two  marble 
steps  to  facilitate  the  descent  into  it,  and  a  seat  sur- 
rounding it  at  the  depth  of  10  inches  from  the  bot- 
tom, for  the  purpose  of  enabling  the  bathers  to  sit 
down  and  wash  themselves.  The  ample  size  of 
this  basin  explains  to  us  what  Cicero  meant  when 
he  wrote,  "  Latiorem  piscinam  voluissem,  ubi  jactata 
brachia  non  offender entur."  It  is  probable  that  many 
persons  contented  themselves  with  the  cold  bath 
only,  instead  of  going  through  the  severe  course  of 
perspiration  in  the  warm  apartments ;  and  as  the 
frigidarium  alone  could  have  had  no  effect  in  baths 
like  these,  where  it  merely  served  as  an  apodyteri- 
um,  the  natatio  must  be  referred  to  when  it  is  said 
that  at  one  period  cold  baths  were  in  such  request 
that  scarcely  any  others  were  used.3  There  is  a 
platform  or  ambulatory  (schola*)  round  the  bath, 
also  of  marble,  and  four  niches  of  the  same  material 
disposed  at  regular  intervals  round  the  walls,  with 
pedestals,  for  statues  probably,  placed  in  them ; 
according  to  Sir  W.  Gell,5  with  seats,  which  he 
interprets  scholce,  for  the  accommodation  of  persons 
waiting  an  opportunity  to  bathe ;  but  a  passage  of 
Vitruvius,6  hereafter  quoted,  seems  to  contradict 
this  use  of  the  term :  and  seats  were  placed  in  the 
frigidarium  adjoining,  for  the  express  purpose  of  ac- 
commodating those  who  were  obliged  to  wait  for 
their  turn.  The  ceiling  is  vaulted,  and  the  cham- 
ber lighted  by  a  window  in  the  centre.  The  an- 
nexed woodcut  represents  a  frigidarium,  with  its 


cold  bath7  at  one  extremity,  supposed  to  have  form- 
ed a  part  of  the  Formian  villa  of  Cicero,  to  whose 
age  the  style  of  construction,  and  the  use  of  the 
simple  Doric  order,  undoubtedly  belong.  The  bath 
itself,  into  which  the  water  still  continues  to  flow 
from  a  neighbouring  spring,  is  placed  under  the  al- 
cove, and  the  two  doors  on  each  side  opened  into 
small  chambers,  which  probably  served  as  apodyte- 
ria.  It  is  still  to  be  seen  in  the  gardens  of  the  Vil- 
la Caposeli,  at  Mola  di  Gaeta,  the  site  of  the  ancient 
Formiae. 

1.  (Plin.,  Ep.,  v.,  6.) — 2.  (Compare  also  Plin.,  Ep.,  xvii.,  2.) 
—3.  (Gell's  Pompeii,  1.  c.)— 4.  (Vitruv.,  v.  10.)— 5.  (1.  c.)— 6. 
(V.   \(\)—7.  (puteus  :  Pl;.n.,  Ep.,  v.,  6.) 

148 


In  the  cold  bath  of  Pompeii  tl  e  water  ran  into  th» 
basin  through  a  spout  of  bronze,  and  was  canied 
off  again  through  a  conduit  on  the  opposite  side.  It 
was  also  furnished  with  a  waste-pipe  under  the 
margin  to  prevent  it  from  running  over.  No.  11  ia 
a  small  chamber  on  the  side  opposite  to  the  frigida- 
rium, which  might  have  served  for  sha\  ing  (tonstn- 
na),  or  for  keeping  unguents  or  strigiles  ;  and  from 
the  centre  of  the  side  of  the  frigidarium,  the  bather, 
who  intended  to  go  through  the  process  of  warm 
bathing  and  sudation,  entered  into  (12)  the  tepida- 


num. 


This  chamber  did  not  contain  water  either  at 
Pompeii  or  at  the  baths  of  Hippias,  but  was  merely 
heated  with  warm  air  of  an  agreeable  temperature^ 
in  order  to  prepare  the  body  for  the  great  heat  cf 
the  vapour  and  warm  baths ;  and,  upon  returning, 
to  obviate  the  danger  of  a  too  sudden  transition  to 
the  open  air.  In  this  respect  it  resembles  exactly 
the  tepid  chamber  described  by  Lucian,1  which  he 
says  was  of  a  moderate  and  not  oppressive  heat, 
adjoining  to  which  he  places  a  room  for  anointing 
(oikoc  akeiipaodai  irpoorjvCde  7rapEx6/ievoc). 

In  the  baths  at  Pompeii  this  chamber  served  like 
wise  as  an  apodyterium  for  those  who  took  the 
warm  bath  ;  for  which  purpose  the  fittings  up  are 
evidently  adapted,  the  walls  being  divided  into  a 
number  of  separate  compartments  or  recesses,  for 
receiving  the  garments  when  taken  off,  by  a  series 
of  figures  of  the  kind  called  Atlantes  or  Telamones^ 
which  project  from  the  walls,  and  support  a  rich 
cornice  above  them.  One  of  these  divisions,  with 
the  Telamones,  is  represented  in  the  article  Atlan- 
tes. Two  bronze  benches  were  also  found  in  the 
room,  which  was  heated  as  well  by  its  contiguity 
to  the  hypocaust  of  the  adjoining  chamber,  as  by  a 
brazier  of  bronze  (foculus),  in  which  the  charcoal 
ashes  were  still  remaining  when  the  excavation 
was  made.  A  representation  of  it  is  given  in  the 
annexed  woodcut.  Its  whole  length  was  seven; 
feet,  and  its  breadth  two  feet  six  inches. 


In  addition  to  this  service,  there  can  be  little  doubt 
that  this  apartment  was  used  as  a  depository  for 
unguents  and  a  room  for  anointing  (uXenrTfipiov, 
unctuarium,  elceothesium),  the  proper  place  for  which 
is  represented  by  Lucian8  as  adjoining  to  the  tepi- 
darium,  and  by  Pliny3  as  adjoining  to  the  hypocaust : 
and  for  which  purpose  some  of  the  niches  between 
the  Telamones  seem  to  be  peculiarly  adapted.  In 
the  larger  establishments,  a  separate  chamber  was 
allotted  to  these  purposes,  as  may  be  seen  by  refer- 
ring to  the  drawing  taken  from  the  Thermae  ot 
Titus ;  but,  as  there  is  no  other  spot  within  the  cir- 
cuit of  the  Pompeian  baths  which  could  be  applied 
in  the  same  manner,  we  may  safely  conclude  that 
the  inhabitants  of  this  city  were  anointed  in  tha 
tepidarium,  which  service  was  performed  by  slaves 
called  unctores  and  aliptce.  (Vid.  Alipt^e.)  For 
this  purpose  the  common  people  used  oil  simply  or 
sometimes  scented ;  but  the  more  wealthy  classes 
indulged  in  the  greatest  extravagance  with  regard 
to  their  perfumes  and  unguents.  These  they  ei- 
ther procured  from  the  elceothcsium  of  the  baths,  oi 
brought  with  them  in  small  glass  bottles  (ampulla 
olearia),  hundreds  of  which  have  been  discovered 
in  different  excavations  made  in  various  parts  of 


1.  (1.  c,  6.)— 2.  (I.e.)— 3.  (Er  ,£,  17.) 


BATHS 


BATHS. 


Italy.  (Vid.  Ampulla.)  The  fifth  book  of  Athe- 
naeus  contains  an  ample  treatise  upon  the  numerous 
kinds  of  ointments  used  by  the  Romans  ;  which 
subject  is  also  fully  treated  by  Pliny.1 

Caligula  is  mentioned  by  Suetonius2  as  having 
invented  a  new  luxury  in  the  use  of  the  bath,  by 
perfuming  the  water,  whether  hot  or  cold,  by  an  in- 
fusion of  precious  odours,  or,  as  Pliny  relates  the 
fact,3  by  anointing  the  walls  with  valuable  un- 
guents ;  a  practice,  he  adds,  which  was  adopted  by 
one  of  the  slaves  of  Nero,  that  the  luxury  should 
not  be  confined  to  royalty  (ne  principale  videatur  hoc 
bonum). 

From  this  apartment,  a  door,  which  closed  by  its 
own  weight,  to  prevent  the  admission  of  cold  air, 
opened  into  No.  13,  the  thermal  chamber,  or  con- 
camcrata  sudatio  of  Vitruvius  ;*  and  which,  in  exact 
conformity  with  his  directions,  contains  the  warm 
bath — balneum,  or  calda  lavatio,*  at  one  of  its  ex- 
tremities, and  the  semicircular  vapour,  or  Laconi- 
cum, at  the  other ;  while  the  centre  space  between 
the  two  ends,  termed  sudatio  by  Vitruvius,6  and  su- 
datorium by  Seneca,  is  exactly  twice  the  length  of 
its  width,  according  to  the  directions  of  Vitruvius. 
The  object  in  leaving  so  much  space  between  the 
warm  bath  and  the  Laconicum  was  to  give  room  for 
the  gymnastic  exercises  of  the  persons  within  the 
chamber,  who  were  accustomed  to  promote  a  full 
flow  of  perspiration  by  rapid  movements  of  the  arms 
and  legs,  or  by  lifting  weights  ;  which  practice  is 
alluded  to  by  Juvenal  :7 

"  Magno  gaudct  sudare  tumultu, 
Quum  lassata  gravi  ceciderunt  brachia  massa." 

In  larger  establishments,  the  conveniences  contain- 
ed in  this  apartment  occupied  two  separate  cells, 
one  of  which  was  appropriated  to  the  warm  bath, 
which  apartment  was  then  termed  caldarium,  cella 
caldaria,  or  balneum,  and  the  other  which  comprised 
the  Laconicum  and  sudatory — Laconicum  sudatio- 
nesquc*  which  part  alone  was  then  designated  un- 
der the  name  of  concamerata  sudatio.  This  distribu- 
tion is  represented  in  the  painting  on  the  walls  of 
the  Thermae  of  Titus  ;  in  which  there  is  also  anoth- 
er peculiarity  to  be  observed,  viz.,  the  passage  of 
communication  (intcrcapedo)  between  the  two  cham- 
bers, the  flooring  of  which  is  suspended  over  the 
hypocaust.  Lucian  informs  us  of  the  use  for  which 
this  compartment  was  intended,  where  he  mentions 
as  one  of  the  characteristic  conveniences  in  the 
baths  of  Hippias,  that  the  bathers  need  not  retrace 
their  steps  through  the  whole  suite  of  apartments  by 
which  they  had  entered,  but  might  return  from  the 
thermal  chamber  by  a  shorter  circuit  through  a 
room  of  gentle  temperature  (di'rjpefia  Sepfiov  olK^/j,a- 
toc9),  which  communicated  immediately  with  the 
frigidarium. 

The  warm-water  bath,  which  is  termed  calda  la- 
vatio  by  Vitruvius,10  balineum  by  Cicero,11  piscina  or 
calida  piscina  by  Pliny12  and  Suetonius,13  as  well  as 
labrum1*  and  solium  by  Cicero,15  appears  to  have 
been  a  capacious  marble  vase,  sometimes  standing 
upon  the  floor,  like  that  in  the  picture  from  the 
Thermae  of  Titus  ;  and  sometimes  either  partly  ele- 
vated above  the  floor,  as  it  was  at  Pompeii,  or  en- 
tirely sunk  into  it,  as  directed  by  Vitruvius.16  The 
term  labrum  is  generally  used  of  a  bath  containing 
warm  water,  and  piscina  of  one  which  contains 
cold ;  but  the  real  distinction  seems  to  be  that  the 
latter  was  larger  than  the  former,  as  in  the  words 
of  Cicero  already  quoted,  "  latiorem  piscinam  voluis- 


1.  (H.  N.,  xiii.)— 2.  (Cal.,  37.)— 3.  (1.  c.)— 4.  (v.,  11.)— 5. 
fVitruv.,  1.  c.)— 6.  (1.  c.)— 7.  (Sat.,  vi.,  420.)-8.  (Vitruv.,  1.  c.) 
-9.  (1.  c,  7.)— 10.  (1.  cV— II.  (ad  Aft.,  ii.,  3.)— 12.  (Ep.,  ii., 
17.)— 13.  (Nero,  27.)— 14.  (Cic,  ad  Fam.,  xiv.,  16.)— 15.  (in 
Pison.,  27.)— 16.  (v.,  10.) 


s€?n."  Pliny1  uses  the  term  piscina  for  a  pona  or 
tank  in  the  open  air  (which  was  probably  the  accu- 
rate and  genuine  sense  of  the  word) ;  which,  from 
being  exposed  to  the  heat  of  the  sun,  possessed  a 
higher  temperature  than  the  cold  bath,  which  last 
he  distinguishes  in  the  same  sentence  by  the  word 
puteus,  "  a  well,"  which  probably  was  that  repre- 
sented in  the  drawing  from  the  bath  at  Mola.* 
Maecenas  is  said,  by  Dion,3  to  have  bo»en  the  first 
person  who  made  use  of  a  piscina  of  warm  water, 
called  by  Dion  Ko?„v/Li6f/dpa* — The  words  of  Vitru- 
vius,5 in  speaking  of  the  warm-water  bath,  are  as 
follows  :  ;'  The  bath  (labrum)  should  be  placed  un- 
derneath the  window,  in  such  a  position  that  the 
persons  who  stand  around  may  not  cast  their  shad- 
ows upon  it.  The  platform  which  surrounds  th<» 
bath  (scholce  labrorum)  must  be  sufficiently  spacious 
to  allow  the  surrounding  observers,  who  are  wait- 
ing for  their  turn,  to  stand  there  without  crowd- 
ing each  other.  The  width  of  the  passage  or  chan- 
nel (alveus),  which  lies  between  the  parapet  (plu- 
teus) and  the  wall,  should  not  be  less  than  six  feet, 
so  that  the  space  occupied  by  the  seat  and  its  step 
below  (pulvinus  et  gradus  inferior)  may  take  off 
just  two  feet  from  the  whole  width."  The  sub- 
joined plans,  given  by  Marini,  will  explain  his 
meaning. 


K 


A 


J3  i- 


I|    C 


B 


r 


"■'■'  »■■•: 


E 


J± 


A,  labrum,  or  bath  ;  B,  schola,  or  platform  ;  C,  piu- 
teus,  or  parapet ;  D,  alveus,  passage  between  the 
pluteus  and  wall ;  F,  pulvinus,  or  seat ;  and  E,  the 
lower  step  (gradus  inferior),  which  together  take  up 
two  feet. 

The  warm  bath  at  Pompeii  is  a  square  basin  of 
marble,  and  is  ascended  from  the  outside  by  two 
steps  raised  from  the  floor,  which  answered  to  the 
parapet  ox  pluteus  of  Vitruvius.  Around  ran  a  nar- 
row platform  (schola) ;  but  which,  in  consequence  of 
the  limited  extent  of  the  building,  would  not  admit 
of  a  seat  (pulvinus)  all  round  it.  On  the  interior, 
another  step,  dividing  equally  the  whole  length  of 
the  cistern,  allowed  the  bathers  to  sit  down  and 
wash  themselves.  The  annexed  section  will  ren 
der  this  easily  intelligible. 

A,  labrum ;  B,  schola ;  C,  pluteus  ;  D,  the  step  on 
the  inside,  probably  called  solium,  which  word  is 
sometimes  apparently  used  to  express  the  bath 
itself;  and  Cicero6  certainly  makes  use  of  the  term 

1.  (Ep.,  v.,  6.)— 2.  ("  Si  natare  latius  aut  tepidius  velis,  in 
area  piscina  est,  in  proximo  puteus,  ex  quo  possis  rursus  adstringi 
si  pceniteat  teporis.") — 3.  (lib.  lv.) — 4.  (irpdrds  re  Ko\vp.6ri6pa.t> 
Scpuov  vfiaros  tv  rfj  irdXti  KaTianva.cz-) — 5.  (v.,  10.) — 6.  <~a 
Pison.,  27.) 

149 


BATHS.. 


BATHS, 


B 


tpWBMff 


to  express  a  vessel  for  containing  liquids.  But  the 
explanation  given  above  is  much  more  satisfactory, 
and  is  also  supported  by  a  number  of  passages  in 
which  it  is  used.  It  is  adopted  by  Fulv.  Ursinus,1 
who  represents  the  solium,  in  a  drawing  copied  from 
Mercurialis,2  as  a  portable  bench  or  seat,  placed 
sometimes  within  and  sometimes  by  the  side  of  the 
bath.  Augustus  is  represented3  as  making  use  of  a 
wooden  solium  (quod  ipse  Hispanico  verbo  duretam 
vocabat) ;  in  which  passage  it  is  evident  that  a  seat 
was  meant,  upon  which  he  sat  to  have  warm  water 
poured  over  him.  In  the  women's  baths  of  the  op- 
ulent and  luxurious  capital,  the  solia  were  some- 
times made  of  silver.4 

We  now  turn  to  the  opposite  extremity  of  the 
chamber  which  contains  the  Laconicum  or  vapour 
bath,  so  called  because  it  was  the  custom  of  the 
Lacedaemonians  to  strip  and  anoint  themselves 
without  using  warm  water  after  the  perspiration 
produced  by  their  athletic  exercises  ;5  to  which 
origin  of  the  term  Martial  also  alludes  :6 

"  Ritus  si  placeant  tibi  Laconum, 
Contentus  potes  arido  vapore 
Cruda  Virgine  Martiave  mergi." 

By  the  terms  Virgine  and  Martia  the  poet  refers  to 
the  Aqua  Virgo  and  the  Aqua  Martia,  two  streams 
brought  to  Rome  by  the  aqueducts.)  (Vid.  Aqu^- 
ductus. 

It  is  termed  assa  by  Cicero,7  from  a&,  to  dry ; 
because  it  produced  perspiration  by  means  of  a  dry, 
hot  atmosphere ;  which  Celsus8  consequently  terms 
sudationes  assas,  "  dry  sweating,"  which,  he  after- 
ward adds,9  was  produced  by  dry  warmth  {colore 
sicco).  It  was  called  by  the  Greeks  TcvpiatT^piov,10 
from  the  fire  of  the  hypocaust,  which  was  extended 
under  it ;  and  hence  by  Alexander  Aphrodis.,  t-rjpbv 
■&olov,  "  a  dry  vaulted  chamber." 

Vitruvius  says  that  its  width  should  be  equal  to 
its  height,  reckoning  from  the  flooring  (suspensura) 
to  the  bottom  of  the  thole  (imam  curvaturam  hemi- 
sphcerii),  over  the  centre  of  which  an  orifice  is  left, 
from  which  a  bronze  shield  (clipeus)  was  suspended. 
This  regulated  the  temperature  of  the  apartment, 
being  raised  or  lowered  by  means  of  chains  to  which 
it  was  attached.  The  form  of  the  cell  was  required 
to  be  circular,  in  order  that  the  warm  air  from  the 
hypocaust  might  encircle  it  with  greater  facility." 
In  accordance  with  these  rules  is  the  Laconicum  at 
Pompeii,  a  section  of  which  is  given  below,  the  cli- 
peus only  being  added  in  order  to  make  the  mean- 
ing more  clear. 

A,  The  suspended  pavement,  suspensura  ;  B,  the 
junction  of  the  hemisphaerium  with  the  side  walls, 
ima  curvatura  hemisphcerii ;  C,  the  shield,  clipeus ; 
E  and  F,  the  chains  by  which  it  is  raised  and  low- 
ered ;  D,  a  labrum,  or  flat  marble  vase,  like  those 
called  tazze  by  the  Italians,  into  which  a  supply  of 
water  was  introduced  by  a  single  pipe  running 
through  the  stem.  Its  use  is  not  exactly  ascertain- 
ed in  this  place,  nor  whether  the  water  it  contained 
was  hot  f  r  cold. 

It  would  not  be  proper  to  dismiss  this  account  of 
the  Laconicum  without  alluding  to  an  opinion  adopt- 
ed by  some  writers,  among  whom  are  Galiano  and 

1.  (Append,  in  Ciaccon.,  De  Triclin.) — 2.  (De  Art.  Gymn.) — 
S.  (Suet.,  Octav.,  82.)— 4.  (Plin.,  H.  N.,  xxxiii.,  54.)— 5.  (Dion, 
liii.,  p.  516.)— 6.  (Epigpr.,  VI.,  xlii.,  16.)— 7.  (Ad  Quint.  Fratr., 
lii.,  1,  I)  1.)— 8.  (hi.,  cap.  ult.)— 9.  (xi.,  17.)— 10.  (Voss.,  Lex. 
Etym.,  s.  v.) — 11.  (Vitruv.,  v.,  10. — See  also  Athenaeus,  xi.,  p. 
104.) 

150 


Cameron,  that  the  Laconicum  was  merely  a  small 
cupola,  with  a  metal  shield  over  it,  rising  above  the 
flooring  (suspensura)  of  the  chamber,  in  the  manner 
represented  by  the  drawing  from  the  Thermae  of  Ti- 
tus, which  drawing  has,  doubtless,  given  rise  to  the 
opinion.  But  it  will  be  observed  that  the  design  in 
question  is  little  more  than  a  section,  and  that  the 
artist  may  have  resorted  to  the  expedient  in  order 
to  show  the  apparatus  belonging  to  one  end  of  the 
chamber,  as  is  frequently  dene  in  similar  plans, 
where  any  part  which  required  to  be  represented 
upon  a  larger  scale  is  inserted  in  full  development 
within  the  general  section;  for  in  none  of  the  nu- 
merous baths  which  have  been  discovered  in  Italy 
or  elsewhere,  even  where  the  pavements  were  in  a 
perfect  state,  has  any  such  contrivance  been  observ- 
ed. Besides  which,  it  is  manifest  that  the  clipeus 
could  not  be  raised  or  lowered  in  the  design  alluded 
to,  seeing  that  the  chains  for  that  purpose  could  not 
be  reached  in  the  situation  represented,  or,  if  at- 
tained, could  not  be  handled,  as  they  must  be  red- 
hot  from  the  heat  of  the  hypocaust,  into  which  they 
were  inserted.  In  addition  to  which,  the  remains 
discovered  tally  exactly  with  the  directions  of  Vi- 
truvius, which  this  does  not. 

After  having  gone  through  the  regular  course  ol 
perspiration,  the  Romans  made  use  of  instruments 
called  strigiles  (or  strigles1)  to  scrape  off  the  per- 
spiration, much  in  the  same  way  as  we  are  accus- 
tomed to  scrape  the  sweat  off  a  horse  with  a  piece 
of  iron  hoop  after  he  has  run  a  heat,  or  comes  in 
from  violent  exercise.  These  instruments,  some 
specimens  of  which  are  represented  in  the  follow- 
ing woodcut,  and  many  of  which  have  been  discov- 


ered among  the  ruins  of  the  various  baths  of  an- 
tiquity, were  made  of  bone,  bronze,  iron,  and  silver  ; 
all  corresponding  in  form  with  the  epithet  of  Mar- 

1.  (Juv.,  Sat.,  hi.,  263.) 


BATHS. 


BATHS. 


tial,  "  curvo  distiingere  ferro."1  The  poorer  class- 
es were  obliged  to  scrape  themselves,  but  the  more 
wealthy  took  their  slaves  to  the  baths  for  the  pur- 
pose ;  a  fact  which  is  elucidated  by  a  curious  story 
related  by  Spartian.3  The  emperor,  while  bathing 
one  day,  observing  an  old  soldier,  whom  he  had  for- 
merly known  among  the  legions,  rubbing  his  back, 
a3  the  cattle  do,  against  the  marble  walls  of  the 
chamber,  asked  him  why  he  converted  the  wall  into 
a  strigil ;  and  learning  that  he  was  too  poor  to  keep 
a  slave,  he  gave  him  one,  and  money  for  his  main- 
tenance. On  the  following  day,  upon  his  return  to 
the  bath,  he  found  a  whole  row  of  old  men  rubbing 
themselves  in  the  same  manner  against  the  wall,  in 
the  hope  of  experiencing  the  same  good  fortune 
from  the  prince's  liberality ;  but,  instead  of  taking 
the  hint,  he  had  them  all  called  up,  and  told  them 
to  scrub  one  another. 

The  strigil  was  by  no  means  a  blunt  instrument ; 
consequently,  its  edge  was  softened  by  the  applica- 
tion of  oil,  which  was  dropped  upon  it  from  a  small 
vessel  called  guttus  (called  also  ampulla,  I^kvOoc,  fiv- 
poBrfKtov,  kTiaioQopov3.  Vid.  Ampulla.)  This  had 
a  narrow  neck,  so  as  to  discharge  its  contents  drop 
by  drop,  from  whence  the  name  is  taken.  A  rep- 
resentation of  a  guttus  is  given  in  the  preceding 
woodcut.  Augustus  is  related  to  have  suffered 
from  an  over-violent  use  of  this  instrument.*  In- 
valids and  persons  of  a  delicate  habit  made  use  of 
sponges,  which  Pliny  says  answered  for  towels  as 
well  as  strigils.  They  were  finally  dried  with  tow- 
els (lintea),  and  anointed.5 

The  common  people  were  supplied  with  these 
necessaries  in  the  baths,  but  the  more  wealthy  car- 
ried their  own  with  them,  as  we  infer  from  Persius  :• 

'•  I,  puer,  et  strigiles  Crispini  ad  balnea  defer." 

Luc.au7  adds  also  soap  and  towels  to  the  list. 

After  the  operation  of  scraping  and  rubbing  dry, 
they  retired  into,  or  remained  in,  the  tepidarium  until 
they  thought  it  prudent  to  encounter  the  open  air. 
But  it  does  not  appear  to  have  been  customary  to 
bathe  in  the  water,  when  there  was  any,  which  was 
not  the  case  at  Pompeii,  nor  in  the  baths  of  Hippi- 
as,e  either  of  the  tepidarium  or  frigidarium ;  the 
temperature  only  of  the  atmosphere  in  these  two 
chambers  being  of  consequence  to  break  the  sudden 
change  from  the  extreme  of  hot  to  cold. 

Returning  now  back  into  the  frigidarium  (8), 
which,  according  to  the  directions  of  Vitruvius,9 
has  a  passage  (14)  communicating  with  the  mouth 
of  the  furnace  (e),  which  is  also  seen  in  the  next 
woodcut  under  the  boilers,  called  prcefurnium,  prop- 
nigeum,10  Trpo-viyeiov  (from  npo,  before,  and  nvcyevc, 
a  furnace),  and  passing  down  that  passage,  we  reach 
the  chamber  (15)  into  which  the  praefurnium  pro- 
jects, and  which  has  also  an  entrance  from  the 
street  at  B.  It  was  appropriated  to  the  use  of  those 
who  had  charge  of  the  fires  (fornaca  tores).  There 
are  two  staircases  in  it ;  one  of  which  leads  to  the 
roof  of  the  baths,  and  the  other  to  the  coppers  which 
contained  the  water.  Of  these  there  were  three : 
one  of  which  contained  the  hot  water — caldarium 
(sc.  vas  or  ahenum) ;  the  second  the  tepid — tepida- 
ixum ;  and  the  last  the  cold— frigidarium.  The 
warm  water  was  introduced  into  the  warm  bath  by 
means  of  a  conduit  pipe,  marked  on  the  plan,  and 
conducted  through  the  wall.  Underneath  the  calda- 
rium was  placed  the  furnace  (furnus11),  which  serv- 
ed to  heat  the  water,  and  give  out  streams  of  warm 
air  into  the  hollow  cells  of  the  hypocaustum  (from 

1.  (Epigr.,  xiv.,  51.)— 2.  (Hadrian,  c.  17.)— 3.  (Ruperti  in 
Jav.,  Sat.,  iii.,  262.)— 4.  (Suet.,  Octav.,  30.)— 5.  (Juv.,  Sat.,  iii., 
262*-  Apuleius,  Met.,  lib.  ii.— Plin.,  H.  N.,  xixi.,  47.)— 6.  (Sat., 
v.,  126.)— 7.  (Leiiph.,  vol.  ii  ,  p.  320,  ed.  Reiz.)— 8.  (Lucian,  1. 
c.)— 9.  (v.,  11.)— 10.  (Plin.,  Ej)..  ii..  17.)— 11.  (Hor.,  Ep,  i., 
11.18.)  »     Hi     i 


vtto,  under,  and  icaio),  to  burn).  It  passed  fiom  tne 
furnace  under  the  first  and  last  of  the  caldrons  by 
two  flues,  which  are  marked  upon  the  plan.  These 
coppers  were  constructed  in  the  same  manner  as  is 
represented  in  the  engraving  from  the  Thermae  of 
Titus ;  the  one  containing  hot  water  being  placed 
immediately  over  the  furnace ;  and,  as  the  water 
was  drawn  out  from  thence,  it  was  supplied  from 
the  next,  the  tepidarium,  which  was  already  con- 
siderably heated,  from  its  contiguity  to  the  furnace 
and  the  hypocaust  below  it,  so  that  it  supplied  the 
deficiency  of  the  former  without  materially  dimin- 
ishing its  temperature  ;  and  the  vacuum  in  this  last 
was  again  filled  up  from  the  farthest  removed,  which 
contained  the  cold  water  received  directly  from  the 
square  reservoir  seen  behind  them ;  a  principle 
which  has  at  length  been  introduced  into  the  mod 
ern  bathing  establishments,  where  its  efficacy,  both 
in  saving  time  and  expense,  is  fully  acknowledged. 
The  boilers  themselves  no  longer  remain,  but  the 
impressions  which  they  have  left  in  the  mortar  in 
which  they  were  imbedded  are  clearly  visible,  and 
enable  us  to  ascertain  their  respective  positions  and 
dimensions,  the  first  of  which,  the  caldarium  is  rep- 
resented in  the  annexed  cut. 


5>" 


Behind  the  coppers  there  is  another  corridor  (lb), 
leading  into  the  court  or  atrium  (17)  appropriated  to 
the  servants  of  the  bath,  and  which  has  also  the 
convenience  of  an  immediate  communication  with 
the  street  by  the  door  at  C. 

We  now  proceed  to  the  adjoining  set  of  baths, 
which  were  assigned  to  the  women.  The  entrance 
is  by  the  door  A,  which  conducts  into  a  small  ves- 
tibule (18),  and  thence  into  the  apodyterium  (19), 
which,  like  the  one  in  the  men's  baths,  has  a  seat 
(pulvinus  et  gradus)  on  either  side  built  up  against 
the  wall.  This  opens  upon  a  cold  bath  (20),  an- 
swering to  the  natalio  of  the  other  set,  but  of  much 
smaller  dimension,  and  probably  similar  to  the  one 
denominated  by  Pliny1  puteus.  There  are  four 
steps  on  the  inside  to  descend  into  it.  Opposite  to 
the  door  of  entrance  into  the  apodyterium  is  another 
doorway  which  leads  to  the  tepidarium  (21),  which 
also  communicates  with  the  thermal  chamber  (22), 
on  one  side  of  which  is  a  warm  bath  in  a  square  re- 
cess, and  at  the  farther  extremity  the  Laconicum 
with  its  labrum.  The  floor  of  this  chamber  is  sus- 
pended, and  its  walls  perforated  for  flues,  like  the 
corresponding  one  in  the  men's  baths. 

The  comparative  smallness  and  inferiority  of  the 
fittings-up  in  this  suite  of  baths  has  induced  some 
Italian  antiquaries  to  throw  a  doubt  upon  the  fact 
of  their  being  assigned  to  the  women  ;  and  among 
these  the  Abbate  Iorio3  ingeniously  suggests  that 
they  were  an  old  set  of  baths,  to  which  the  large* 
ones  were  subsequently  added  when  they  became 
too  small  for  the  increasing  wealth  and  population 
of  the  city.     But  the  story,  already  quoted,  of  the 


1.  (1.  c.)— 2.  (Plan  de  Pompeii.) 


151 


BATHS, 


BATHS. 


consul's  wife  who  turned  the  men  out  of  their  baths 
at  Teanum  for  her  convenience,  seems  sufficiently 
to  negative  such  a  supposition,  and  to  prove  that 
the  inhabitants  of  ancient  Italy,  if  not  more  selfish, 
were  certainly  less  gallant  than  their  successors. 
In  addition  to  this,  Vitruvius  expressly  enjoins  that 
the  baths  of  the  men  and  women,  though  separate, 
should  be  contiguous  to  each  other,  in  order  that 
they  might  be  supplied  from  the  same  boilers  and 
hypocaust  -,1  directions  which  are  here  fulfilled  to  the 
letter,  as  a  glance  at  the  plan  will  demonstrate. 

Tt  does  not  enter  within  the  scope  of  this  article 
to  investigate  the  source  from  whence,  or  the  man- 
ner in  which,  the  water  was  supplied  to  the  baths  of 
Pompeii.  But  it  may  be  remarked  that  the  sugges- 
tion of  Mazois,  who  wrote  just  after  the  excavation 
was  commenced,  and  which  has  been  copied  from 
him  by  the  editor  of  the  volumes  on  Pompeii  pub- 
lished by  the  Society  for  the  Diffusion  of  Useful 
Knowledge,  was  not  confirmed  by  the  excavation  ; 
and  those  who  are  interested  in  the  matter  may 
consult  the  fourth  appendix  to  the  Plan  de  Pompeii, 
by  the  Abbate  Iorio. 

Notwithstanding  the  ample  account  which  has 
been  given  of  the  plans  and  usages  respecting  baths 
in  general,  something  yet  remains  to  be  said  about 
that  particular  class  denominated  Thermae ;  of  which 
establishments  the  baths,  in  fact,  constituted  the 
smallest  part.  The  thermae,  properly  speaking,  were 
a  Roman  adaptation  of  the  Greek  gymnasium,  or 
palaestra  {vid.  Palaestra),  as  described  by  Vitruvi- 
us ;a  both  of  which  contained  a  system  of  baths  in 
conjunction  with  conveniences  for  athletic  games 
and  3routhful  sports,  exedrae  in  which  the  rhetori- 
cians declaimed,  poets  recited,  and  philosophers  lec- 
tured, as  well  as  porticoes  and  vestibules  for  the 
idle,  and  libraries  for  the  learned.  They  were  dec- 
orated with  the  finest  objects  of  art,  both  in  paint- 
ing and  sculpture,  covered  with  precious  marbles, 
and  adorned  with  fountains  and  shaded  walks  and 
plantations,  like  the  groves  of  the  Academy.  It 
may  be  said  that  they  began  and  ended  with  the 
Empire,  for  it  was  not  until  the  time  of  Augustus 
that  these  magnificent  structures  were  commenced. 
M.  Agrippa  is  the  first  who  afforded  these  luxuries 
to  his  countrymen,  by  bequeathing  to  them  the  ther- 
mae and  gardens  which  he  had  erected  in  the  Cam- 
pus Martius.3  The  Pantheon,  now  existing  at 
Rome,  served  originally  as  a  vestibule  to  these 
baths  ;  and,  as  it  was  considered  too  magnificent 
for  the  purpose,  it  is  supposed  that  Agrippa  added 
the  portico  and  consecrated  it  as  a  temple,  for  which 
use  it  still  serves.  It  appears  from  a  passage  in 
Sidonius  Apollinaris,4  that  the  whole  of  these  build- 
ings, together  with  the  adjacent  Thermae  Neronia- 
nae,  remained  entire  in  the  year  A.D.  466.  Little  is 
now  left  beyond  a  few  fragments  of  ruins,  and  the 
Pantheon.  The  example  set  by  Agrippa  was  fol- 
lowed by  Nero,  and  afterward  by  Titus ;  the  ruins 
of  whose  thermae  are  still  visible,  covering  a  vast 
extent,  partly  under  ground  and  partly  above  the 
Esquiline  Hill.  Thermae  were  also  erected  by  Tra- 
jan, Caracalla,  and  Diocletian,  of  the  last  two  of 
which  ample  remains  still  exist ;  and  even  as  late 
us  Constantine,  besides  several  which  were  con- 
structed by  private  individuals,  P.  Victor  enumer- 
ates sixteen,  and  Panvinus6  has  added  four  more. 

Previously  to  the  erection  of  these  establish- 
ments for  the  use  of  the  population,  it  was  custom- 
ary for  those  who  sought  the  favour  of  the  people 
to  give  them  a  day's  bathing  free  of  expense.  Thus, 
according  to  Dion  Cassius,6  Faustus,  the  son  of 
Suite,  furnished  warm  baths  and  oil  gratis  to  the 

I.  (Vifcr.,  v.,  10.}—  2.  (v.,  11.)— 3.  (Dion,liv.,  torn,  i.,  p.  759.— 
Fiin,  H.  N.,xxxvi.,  64).—  4.  (Carm.  xxiii.,  495.)— 5.  (Urb   Rom. 
L)p«ript.,  i>.  106.) — 6.  (xxxvii.,  p.  143.) 
152 


people  for  one  day  ;  and  Augustus,  on  one  occasion, 
furnished  warm  baths  and  barbers  to  the  people  for 
the  same  period  free  of  expense,1  and  at  another 
time  for  a  whole  year  to  the  women  as  well  as 
men.3  From  thence  it  is  fair  to  infer  that  the 
quadrant  paid  for  admission  into  the  balnea  was  not 
exacted  at  the  thermce,  which,  as  being  the  works 
of  the  emperors,  would  naturally  be  opened  with 
imperial  generosity  to  all,  and  without  any  charge, 
otherwise  the  whole  city  would  have  thronged  to 
the  establishment  bequeathed  to  them  by  Agrippa  •, 
and  in  confirmation  of  this  opinion,  it  may  be  w- 
marked,  that  the  old  establishments,  which  weie 
probably  erected  by  private  enterprise,3  were  term- 
ed meritorice*  Most,  if  not  all,  of  the  other  regula- 
tions previously  detailed  as  relating  to  the  economy 
of  the  baths,  apply  equally  to  the  thermae :  but  it  is 
to  these  establishments  especially  that  the  dissolute 
conduct  of  the  emperors,  and  other  luxurious  in- 
dulgences of  the  people  in  general,  detailed  in  the 
compositions  of  the  satirists  and  later  writers,  must 
be  considered  to  refer. 

Although  considerable  remains  of  the  Roman 
thermae  are  still  visible,  yet,  from  the  very  ruinous 
state  in  which  they  are  found,  we  are  far  from  be- 
ing able  to  arrive  at  the'  same  accurate  knowledge 
of  their  component  parts,  and  the  usages  to  which 
they  were  applied,  as  has  been  done  with  respect  to 
the  balnea ;  or,  indeed,  to  discover  a  satisfactory 
mode  of  reconciling  their  constructive  details  witt 
the  description  which  Vitruvius  has  left  of  the  baths 
appertaining  to  a  Greek  palaestra,  or  the  description 
given  by  Lucian  of  the  baths  of  Hippias.  All,  in- 
deed, is  doubt  and  guess-work ;  each  of  the  learned 
men  who  have  pretended  to  give  an  account  of  their 
contents  differing  in  almost  all  the  essential  partic- 
ulars from  one  another.  And  yet  the  great  simi- 
larity in  the  ground-plan  of  the  three  which  still  re- 
main cannot  fail  to  strike  even  a  superficial  observ- 
er; so  great,  indeed,  that  it  is  impossible  not  to 
perceive  at  once  that  they  were  all  constructed 
upon  a  similar  plan.  Not,  however,  to  dismiss  the 
subject  without  enabling  our  readers  to  form  some- 
thing like  a  general  idea  of  the*>e  enormous  edifices, 
which,  from  their  extent  and  magnificence,  have 
been  likened  to  provinces  {in  modum  pr  ovincia.ru  m 
exstructcB*),  a  ground-plan  of  the  Thermae  of  Cara- 
calla is  annexed,  which  are  the  best  preserved 
among  those  remaining,  and  which  were,  perhaps, 
more  splendid  than  all  the  rest.  Those  apartments, 
of  which  the  use  is  ascertained  with  the  appearance 
of  probability,  will  be  alone  marked  and  explained. 
The  dark  parts  represent  the  remains  still  visible, 
the  open  lines  are  restorations. 

A,  Portico  fronting  the  street  made  by  Caracalla 
when  he  constructed  his  thermae.  B,  Separate  ba- 
thing-rooms, either  for  the  use  of  the  common  peo- 
ple, or,  perhaps,  for  any  persons  who  did  not  wish 
to  bathe  in  public.  C,  Apodyteria  attached  to  them. 
D,  D,  and  E,  E,  the  porticoes.6  F,  F,  Exedrse,  in 
which  there  were  seats  for  the  philosophers  to  hold 
their  conversations.7  G,  Hypaethrae,  passages  open 
to  the  air  :  Hypccthrce.  ambulationes  quas  Graeci  7re- 
ptdpo/itfiac,  nostri  xystos  appellant.8  H,  H,  Stadia  in 
the  palsestra — quadrata  sive  oblonga.9  I,  I,  Possibly 
schools  or  academies  where  public  lectures  were 
delivered.  J,  J,  and  K,  K,  Rooms  appropriated  to 
the  servants  of  the  baths  (balneatorcs).  In  the  lat- 
ter are  staircases  for  ascending  to  the  principal  res- 
ervoir. L,  Space  occupied  by  walks  and  shr.ibber- 
ies — ambulationes  inter  platanones.10  M,  The  arena 
or  stadium  in  which  the  youth  performed  their  ex- 


1.    (Id.,  liv.,  p.  755.)— 2.    (Id.,  xlix.,  p.  600.)— 3     (Compare 
Plin.,  H.  N.,  ix.,  79.)— 4.  (Plin.,  Ep.,  ii.,  17.)— 5.  (Amm.  Mar- 
cell.,  xvi.,  6.)— 6.  (Vitruv.,  v.,  11.)— 7.  (Vitruv  ,  .  c— Cic,  De 
Orat.,  ii.,  5.;— 8.  \Yitt  i  ",  1.  O— 9.    (Vitrw  .  ..  c.)— 10    (Vi- 
truv., 1.  c.) 


BATHS. 


BATHS. 


^3fe 


frcises,  with 'seats  for  the  spectators,1  called  the 
tkeatridium.  N,  N,  Reservoirs,  with  upper  stories, 
6ectional  elevations  of  which  are  given  in  the  two 
subsequent  woodcuts.  0,  Aquasduct  which  sup- 
plied the  baths.  P,  The  cistern  or  piscina.  This 
external  range  of  buildings  occupies  one  mile  in 
circuit. 

We  now  come  to  the  arrangement  of  the  interior, 
for  which  it  is  very  difficult  to  assign  satisfactory 
destinations.  Q  represents  the  principal  entrances, 
of  which  there  were  eight.  R,  the  natatio,  piscina, 
or  cold-water  bath,  to  which  the  direct  entrance 
from  the  portico  is  by  a  vestibule  on  either  side 
marked  S,  and  which  is  surrounded  by  a  set  of 
chambers  which  served  most  probably  as  rooms  for 
undressing  (apodyteria),  anointing  (unctuaria),  and 
stations  for  the  capsarii.  Those  nearest  to  the  per- 
istyle were,  perhaps,  the  conisteria,  where  the  pow- 
der was  kept  which  the  wrestlers  used  in  order  to 
obtain  a  firmer  grasp  upon  their  adversaries  ■ 

u  Tile  cavis  hausto  spar  git  me  pulvere  palmis, 
Inque  vicem  fulva  tactu  flavcscit  arencc."2 

The  inferior  quality  of  the  ornaments  which  these 
apartments  have  had,  and  the  staircases  in  two  of 
ihem.  afford  evidence  that  they  were  occupied  by 
menials.  T  is  considered  to  be  the  tepidarium,* 
with  four  warm  baths  (u,  u,  u,  u)  taken  out  of  its 
four  angles,  and  two  labra  on  its  two  flanks.  There 
are  steps  for  descending  into  the  baths,  in  one  of 
which  traces  of  the  conduit  are  still  manifest.  Thus 
it  would  appear  that  the  centre  part  of  this  apart- 
ment served  as  ?  'epidarium,  having  a  balneum  or 
calda  lavatio  in  foui  .  f  its  corners.     The  centre  part, 


1.  (Vitruv.,  1.  c.)— 2.  (Ovid,  M?t.,  ix.,  35.— Vid.  etiam  Sal- 
mas.,  ad  TerMill.,  Pall.,  p.  217  -Me  ;urial.,  De  Arte  Gymn.,  i.,  8.) 


like  that  also  of  the  preceding  apartment,  is  sup- 
ported by  eight  immense  columns. 

The  apartments  beyond  this,  which  are  too  much 
dilapidated  to  be  restored  with  any  degree  of  cer- 
tainty, contained,  of  course,  the  laconicum  and  su- 
datories, for  which  the  round  chamber  W,  and  its 
appurtenances  seem  to  be  adapted,  and  which  are 
also  contiguous  to  the  reservoirs,  Z,  Z.1 

e,  e  probably  comprised  the  ephebia,  or  places 
where  the  youth  were  taught  their  exercises,  with 
the  appurtenances  belonging  to  them,  such  as  the 
spharisterium  and  coryeceum.  The  first  of  these 
takes  its  name  from  the  game  at  ball,  so  much  in 
favour  with  the  Romans,  at  which  Martial's  friend 
was  playing  when  the  bell  sounded  to  announce 
that  the  water  was  ready.3  The  latter  is  derived 
from  KiopvKoc,  a  sack,3  which  was  filled  with  bran 
and  olive  husks  for  the  young,  and  sand  for  the 
more  robust,  and  then  suspended  at  a  certain  height, 
and  swung  backward  and  forward  by  the  players.4 

The  chambers  also  on  the  other  side,  which  are 
not  marked,  probably  served  for  the  exercises  of 
the  palaestra  in  bad  weather.5 

These  baths  contained  an  upper  story,  of  which 
nothing  remains  beyond  what  is  just  sufficient  to 
indicate  the  fact.  They  have  been  mentioned  and 
eulogized  by  several  of  the  Latin  authors.6 

It  will  be  observed  that  there  is  no  part  of  the 
bathing  department  separated  from  the  rest  which 
could  be  assigned  for  the  use  of  the  women  exclu- 
sively. From  this  it  must  be  inferred  either  that 
both  sexes  always  bathed  together  promiscuously 

1.  (Vitmv.,  v.,  11.)— 2.  (Mart.,  Ep.,  xiv.,  163.)— 3.  (Ilesych., 
s.  v.) — 4.  (Aulis,  De  Gymn.  Const.,  p.  9.— AntilL,  ap.  Oribas.. 
Coll!  Med.,  6.)— 5.  (Vitruv.,  v.,  11.)— 6.  (Spartian.,  Caracall., 
c.  9.— Lamprid.,  Heliogab.,  c.  17.— Alex.  Scv..  c.  25.— Eutrop., 
viii.,  11.— Olymp.,  ap.  Phot.,  p.  114,  ed.  Auj.  Vindel.,  1601  ) 

153 


BATILLUS. 


BAXA. 


m  the  thermae,  or  that  the  women  were  exclucbl 
altogether  from  these  establishments,  and  only  ad- 
mitted to  the  balnea. 

It  remains  to  explain  the  manner  in  which  the 
immense  body  of  water  required  for  the  supply  of 
a  set  of  baths  in  the  therms  was  heated,  which  has 
been  performed  very  satisfactorily  by  Piranesi  and 
Cameron,  as  may  be  seen  by  a  reference  to  the  two 
subjoined  sections  of  the  castellum  aquceductus  and 
viscina  belonging  to  the  Thermae  of  Caracalla. 


A,  arches  of  the  aquaeduct  which  conveyed  the 
water  into  the  'piscina  B,  from  whence  it  flowed 
into  the  upper  range  of  cells  through  the  aperture 
at  C,  and  thence  again  descended  into  the  lower 
ones  by  the  aperture  at  D,  which  were  placed  im- 
mediately over  the  hypocaust  E,  the  praefurnium  of 
which  is  seen  in  the  transverse  section  at  F,  in  the 
lower  cut.  There  were  thirty-two  of  these  cells 
arranged  in  two  rows  over  the  hypocaust,  sixteen 
on  each  side,  and  all  communicating  with  each 
other  ;  and  over  these  a  similar  number  similarly 
arranged,  which  communicated  with  those  below 
by  the  aperture  at  D.  The  parting  walls  between 
these  cells  were  likewise  perforated  with  flues, 
which  served  to  disseminate  the  heat  all  round  the 
whole  body  of  water.  When  the  water  was  suffi- 
ciently warm,  it  was  turned  on  to  the  baths  through 
pipes  conducted  likewise  through  flues  in  order  to 
prevent  the  loss  of  temperature  during  the  passage, 
and  the  vacuum  was  supplied  by*Pepid  water  from 
the  range  above,  which  was  replenished  from  the 
piscina  ;  exactly  upon  the  principle  represented  in 
the  drawing  from  the  Thermae  of  Titus,  ingeniously 
applied  upon  a  much  larger  scale. 

BATIL'LUS  (ufin),  a  shovel.  Pliny  mentions 
the  use  of  iron  shovels,  when  heated,  in  testing 
silver  and  verdigris.1  Horace  ridicules  the  vain 
pomposity  of  a  municipal  officer  in  the  small  town 
of  Fundi,  who  had  a  shovel  of  red-hot  charcoal 
carried  before  him  in  public  for  the  purpose  of  burn- 
ing on  it  frankincense  and  other  odours  (prunes  ba- 
tillum2).  Varro  points  out  the  use  of  the  shovel  in 
the  poultry-yard  (cum  batillo  circumire,  ac  stercus 
tollere3).  The  same  instrument  was  employed,  to- 
gether with  the  spade,  for  making  roads  and  for 
various  agricultural  operations  (a/zcu4).  "  Hamae" 
are  also  mentioned  as  utensils  for  extinguishing 
fires.  These  may  have  been  wooden  shovels,  used 
for  throwing  water,  as  we  now  see  them  employed 
in  some  countries  which  abound  in  pools  and  canals.5 

1.  (Plin.,  H.  N.,  xxxiii.,  44  ;  xxxiv.,  26.)— 2.  (Sat.,  I.,  v.,  36.) 
—3.  (De  Re  Rust  ,  iii.,  6.)— 4.  (Xen.,  Cyrop.,  vi.,  2.— Brunck, 
Anal.,  ii.,  p.  53.— Geoponica,  ii.,  22.)— 5.  (Juv.,  xiv.,  305.) 
154 


*BATIS  (Parte),  a  species  of  fish.  It  is  the 
Rata  batis,  L.  ;  called  in  French  Coliart,  in  English 
the  Flair  or  Skate.1 

♦BATOS  (/3droc),  a  plant  or  shrub,  the  species  of 
which,  as  described  by  Theophrastus,3  are  thus 
arranged  by  Stackhouse  :  The  first,  or  bpdocpvije,  is 
the  Rubus  fruticosus,  or  Common  Bramble.  The 
second,  or  xafxai°'aTOC>  is  the  R.  Chamamorus,  or 
Cloud-berry  (called  in  Scotland  the  Avron ).  The 
third,  or  KvvooSaroc,  is  the  R.  idaus,  or  Raspberry. 
Sprengel  agrees  with  almost  all  the  authorities,  that 
the  j3droc,  properly  speaking,  of  Dioscorides  and 
Galen,  is  the  Rubus  fruticosus ;  and  the  idaia,  the 
Rubus  idceus.  It  may  be  proper  to  remark,  that  by 
the  poets,  fidrog  is  often  applied  to  any  thorny 
shrub.  Thus,  in  the  following  epigram,  it  is  applied 
to  the  stem  of  the  rose  : 

"  To  podov  uKjia&i  ftacbv  xpovov,  ftv  de  rrapeWrt 
Znruv  evpTjaetc  ov  podov  bXka  /?urov."3 

*BATRACHTUM  (parpdxiov),  a  plant  of  which 
Apuleius  says,  "Nascitur  stepe  in  Sardinia."  Hence 
Schulze,  who  is  otherwise  undecided  respecting  it, 
holds  it  to  be  identical  with  the  "  Sardoa  herba"  of 
Virgil  and  others,  namely,  a  species  of  the  Ranun 
cuius,  or  Crow-foot.  Sprengel  refers  the  first  spe 
cies  of  Dioscorides  to  the  Ranunculus  Asiaticus , 
the  second  to  the  R.  lanuginosus ;  the  third  to  the 
R.  muricatus ;  and  the  fourth  to  the  R.  aqudtilus, 
upon  the  authority  of  Sibthorp.* 

*BATRACHUS  (parpaXoc),  I.  The  Frog,  called 
in  Latin  Rana.  The  name  was  applied  to  several 
species  of  the  genus  Rana.  "  The  common  frogs 
of  Greece,"  observes  Dodwell,  "  have  a  note  totally 
different  from  that  of  the  frogs  of  the  northern 
climates,  and  there  cannot  be  a  more  perfect  imita- 
tion of  it  than  the  Brekekekex  koax  koax  of  Aris- 
tophanes."— The  Rana  arborea,  according  to  the 
same  traveller,  is  of  a  most  beautiful  light-green 
colour,  and  in  its  form  nearly  resembles  the  com- 
mon  frog,  but  is  of  a  smaller  size ;  it  has  also 
longer  claws,  and  a  glutinous  matter  at  its  feet, 
with  which  it  attaches  itself  with  great  facility  to 
any  substance  that  comes  in  its  way.  It  lives 
chiefly  on  trees,  and  jumps  with  surprising  agility 
from  branch  to  branch.  Its  colour  is  so  nearly 
identified  with  that  of  the  leaves,  that  it  is  very- 
difficult  to  distinguish  the  one  from  the  other.  Its 
eyes  are  of  a  most  beautiful  vivacity,  and  it  is  so 
extremely  cold  that,  when  held  in  the  hand,  it  pro- 
duces a  chilly  sensation  like  a  piece  of  ice.  Its 
song  is  surprisingly  loud  and  shrill,  and  in  hot  days 
almost  as  incessant  and  tiresome  as  that  of  the  tet- 
tix.  These  animals  are  more  common  in  Leucadia 
than  in  other  parts  of  Greece.8 

II.  A  species  of  fish,  called  in  English  the  Toad- 
fish,  Frog-fish,  and  Sea-devil.  It  is  the  Lophivs 
piscatorius,  L.  ;  in  French,  Bandroie  ;  in  Italian, 
Martino  pescatore.  Aristotle  calls  it  the  fidrpaxog 
akiaq,  iElian  the  (3.  dlievc.  By  Ovid  it  is  termed 
Rana ;  by  Pliny,  Rana,  and  also  Rana  piscatrix ;  * 
and  by  Cicero,  Rana  marina.  Schneider,  in  his 
commentary  on  Aristotle,  states  that  the  (3drpaxoe 
of  Oppian  would  appear  to  be  the  Lophius  barbatusf 
and  that  of  JElian  the  L.  vespertilio.6 

BAXA  or  BAXEA,  a  sandal  made  of  vegetable 
leaves,  twigs,  or  fibres.  According  to  Isidore,7 
this  kind  of  sandal  was  worn  on  the  stage  by  comic, 
while  the  cothurnus  was  appropriate  to  tragic  act- 
ors.    When,  therefore,  one  of  the  characters  in 


1.  (Aristot.,  H.  A.,  i.,  5,  &c— ^lian,  N.  A.,  xvi.,  13.)— 2. 
(H.  P.,  i.,  2,  8,  15,  16  ;  iii.,  18.— Dioscor.,  iv.,  37,  38.)— 3.  (An- 
thol.  Gnec,  adeem.,  39.) — 4.  (Dioscor.,  ii.,  206. — Bauhin,  Pinax, 
v.,  3. — Martyn,  ad  Virg.,  Eclog.,  vii.,  41. — Adams,  Append.,  s. 
v.)— 5.  (Dodwell's  Tour,  vol.  ii.,  p.  44,  45.)— 6.  (Aristot.,  H.  A., 
ix.,  37.— JElian,  N.  A.,  ix.,  24;  xiii.,  1.— Ovid,  Hal.,  126.— 
Plin.,  H.  N.,  ix.,  24 ;  xxv.,  10.— Cic,  Nat.  Deor.,  ii.,  49  )— 7. 
(Orig.,  xix.,  33.) 


BDELLIUM. 


BJIBAIOSEOS  DIKE. 


Plautus1  says,  b  Qui  extergentur  haxece  ?"  we  may 
suppose  him  to  point  to  the  sandals  on  his  feet. 

Philosophers  also  wore  sandals  of  this  descrip- 
tion, at  least  in  the  time  of  Tertullian*  and  Apule- 
ius,3  and  probably  for  the  sake  of  simplicity  and 
cheapness. 

Isidore  adds  that  baxeae  were  made  of  willow 
(ex  salice),  and  that  they  were  also  called  calories ; 
and  he  thinks  that  the  latter  term  was  derived  from 
the  Greek  kuKov,  wood.  It  is  probable  that  in 
Spain  they  were  made  of  Spanish  broom  (spartum*). 
From  numerous  specimens  of  them  discovered  in 
the  catacombs,  we  perceive  that  the  Egvptians 
made  them  of  palm-leaves  and  papyrus.5  They  are 
sometimes  observable  on  the  feet  of  Egyptian  stat- 
ues. According  to  Herodotus,  sandals  of  papyrus 
(vnodijuaTa  fivdXiva6)  were  a  part  of  the  required 
and  characteristic  dress  of  the  Egyptian  priests. 
We  may  presume  that  he  intended  his  words  to  in- 
clude not  only  sandals  made,  strictly  speaking,  of 
papyrus,  but  those  also  in  which  the  leaves  of  the 
date-palm  were  an  ingredient,  and  of  which  Apuleius 
makes  distinct  mention,  when  he  describes  a  young 
priest  covered  with  a  linen  sheet  and  wearing  san- 
dals of  \>a\m*(linteis  amiculis  intcctum,  pedesque  pal- 
meis  baxeis  indutum1).  The  accompanying  woodcut 
shows  two  sandals  exactly  answering  to  this  de- 
scription, from  the  collection  in  the  British  Museum. 
The  upper  one  was  worn  on  the  right  foot.  It  has 
a  loop  on  the  right  side  for  fastening  the  band  which 
went  across  the  instep.  This  band,  together  with 
the  ligature  connected  with  it,  which  was  inserted 
between  the  great  and  the  second  toe,  is  made  of 
the  stem  of  the  papyrus,  undivided  and  unwrought. 
The  lower  figure  shows  a  sandal  in  which  the  por- 
tions of  the  palm-leaf  are  interlaced  with  great  neat- 
ness and  regularity,  the  sewing  and  binding  being 
effected  by  fibres  of  papyrus.  The  three  holes  may 
be  observed  for  the  passage  of  the  band  and  liga- 
ture already  mentioned. 


It  appears  that  these  vegetable  sandals  were 
sometimes  ornamented,  so  as  to  become  expensive 
and  fashionable  ;  for  Tertullian  says,  "  Soccus  et  baxa 
quotidie  deaurantur ."8  The  making  of  them,  in  all 
their  variety,  was  the  business  of  a  class  of  men 
called  baxearii ;  and  these,  with  the  solearii,  who 
made  other  kinds  of  sandals,  constituted  a  corpora- 
tion or  college  at  Rome.9 

*BDELLA  (fi6t%la),  the  common  Leech,  or  Hi- 
rudo  domestica.  The  application  of  leeches  is  often 
recommended  by  Galen  and  the  medical  authors 
subsequent  to  him.  The  poet  Oppian  alludes  to 
the  medicinal  use  of  the  leech,  and  describes  very 
graphically  the  process  by  which  it  fills  itself  with 
blood.10 

*BDELLIUM  ((SiSeXliov),  commonly  called  a  gum, 

1.  (Men.,TI.,iii.,40.)— 2.  (De  Pallio,  p.  117,  ed.  Rigalt.)— 3. 
(Met.,  ii.  and  x\.)^i.  (Plin.,  H.  N.,  xix.,  7.)— 5.  (Wilkinson's 
Manners  and  Customs,  &c,  vol.  iii.,  p.  336.)— 6.  (ii.,  37.)— 7. 
(Met.,  ii.)— 8.  (De  Idol.,  0.  8,  p.  89.)— 9.  (Marini,  Aui  degli 
Frati  Arv.,  p.  12.)— 10.  (Halieut.,  ii.,  600.— Adams,  Append., 
s.  r.) 


but  in  reality  a  gum-resin,  the  origin  of  which  is  a 
subject  of  doubt.  It  would  appear  that  there  are 
two,  if  not  more,  kinds  of  bdellium,  the  source 
of  one  of  which  seems  to  be  ascertained  ;  the  oth 
ers  are  matters  of  controversy.  The  Bdellium  ot 
the  ancients  came  from  India,  Arabia,  Babylonia, 
and  Bactriana.  The  last  was  the  best.1  It  still 
comes,  though  not  exclusively,  from  Asia.  Adan« 
ton  states  that  he  saw  in  Africa  the  substance  ex- 
ude from  a  thorny  species  of  Amyris,  called  by  the 
natives  Niouttout.  From  its  resemblance  to  myrrh, 
the  analogy  is  in  favour  of  its  being  obtained  from 
an  Amyris  or  Balsamodendron.  The  opinion  of  its 
being  obtained  from  a  palm,  either  the  Leontarus 
domestica  (Gaertn.)  or  the  Borassus  flabelliformis,  is 
very  improbable.  The  Sicilian  bdellium  is  produced 
by  the  Drucus  Hispanicus  (Decand.),  which  grows 
on  the  islands  and  shores  of  the  Mediterranean. 
The  Egyptian  bdellium  is  conjectured  to  be  pro- 
duced by  the  Borassus  flabelliformis  already  alluded 
to.  Dioscorides  and  Galen  describe  two  kinds  of 
bdellium,  the  second  of  which  is  Benzoin,  according 
to  Hardouin  and  Sprengel. 

II.  A  substance  mentioned  in  the  second  chapter 
of  Genesis,8  and  which  has  given  rise  to  a  great 
diversity  of  opinion.  The  Hebrew  name  is  bedolak, 
which  the  Septuagint  renders  by  dvdpatj,  "  carbun- 
cle ;"  the  Syriac  version,  "beryll"  (reading  bero- 
lah3)',  the  Arabic,  "pearls;"  Aquila,  Theodotion, 
and  Symmachus,  "  Bdellium ;"  while  some  are  in 
favour  of  "  crystal,"  an  opinion  which  Reland, 
among  others,  maintains.*  There  is  nothing,  how- 
ever, of  so  much  value  in  bdellium  as  to  warrant 
the  mention  of  this  in  the  account  of  a  particular 
region ;  it  is  more  than  probable,  on  the  contrary, 
that  pearls  are  meant,  as  expressed  by  the  Arabic 
version.  This  view  of  the  subject  was  maintained 
by  many  of  the  Jewish  rabbins,  and,  among  others, 
by  Benjamin  of  Tudela.  Bochart  also  advocates  it 
with  great  learning;  and  it  derives  great  support 
from  another  passage  in  the  Sacred  Writings,  where 
Manna  is  compared  with  Bdellium.  As  the  Manna 
is  said  to  have  been  white  and  round,  these  two 
characteristics  give  rise  at  once  to  a  resemblance 
between  it  and  pearls.5 

BEBAIfl'SEGS  AIKH  (/3e6at6(Teug  SUri),  an  ac 
tion  to  compel  the  vendor  to  make  a  good  title,  was 
had  recourse  to  when  the  right  or  possession  of  the 
purchaser  was  impugned  or  disturbed  by  a  third 
person.  A  claimant  under  these  circumstances, 
unless  the  present  owner  were  inclined  to  fight  the 
battle  himself  (avro/Ltaxetv),  was  referred  to  the 
vendor  as  the  proper  defendant  in  the  cause  (etc  npa- 
rfipa  avdycLv).  If  the  vendor  were  then  unwilling 
to  appear,  the  action  in  question  was  the  legal  rem- 
edy against  him,  and  might  be  resorted  to  by  the 
purchaser  even  when  the  earnest  only  had  been 
paid.6  From  the  passages  in  the  oration  of  Demos- 
thenes against  Pantaenetus  that  bear  upon  the  sub- 
ject, it  is  concluded  by  Heraldus7  that  the  liability 
to  be  so  called  upon  was  inherent  in  the  character 
of  a  vendor,  and,  therefore,  not  the  subject  of  spe- 
cific warranty  or  covenants  for  title.  The  same 
critic  also  concludes,  from  the  glosses  of  Hesychius 
and  Suidas,  that  this  action  might  in  like  manner 
be  brought  against  a  fraudulent  mortgager.*  If  the 
claimant  had  established  his  right,  and  been,  by  the 
decision  of  the  dicasts,  put  in  legal  possession  of  the 
property,  whether  movable  or  otherwise,  as  appears 
from  the  case  in  the  speech  against  Pantaenetus, 
the  ejected  purchaser  was  entitled  to  sue  for  reim- 

1.  (Plin.,  H.  N.,  xii.,  9.— Peripl.  Mar.  Erythr.,  p.  21,  22,  28, 
29.— Ctesias,  Indie,  19.— Bahr  in  loc,  p.  318.)— 2.  (v.,  12.)— 
3.  (Bochart,  Hieroz.,  P.  ii.,  col.  674.)-- 4  (Dissert.  Miscell..  P. 
i.,  p.  27,  seqq. — Rosenmuller,  ad  Gen.,  1.  c.)— 5.  (Bochart,  1.  c.) 
— 6  (Harpocrat.,  s.  v.  avroftax^v, (icSaman.) — 7.  (Animadv.  in 
Salm.,  iv.,  3,  6.) — 8.  (Animadv.  in  Salm.,  iv.,  3.m  fin.) 

155 


BENEFICIUM. 


BERYLLUS. 


oursement  fi  o.m  the  vendor  by  the  action  in  ques- 
tion.1 The  cause  is  classed  by  Meier2  among  the 
6Uat  irpog  nva,  or  civil  actions  that  fell  within  the 
cognizance  of  the  thesmothetse. 

♦BEL'ONE  (J3eX6vn),  the  Gar-fish  or  Horn-fish, 
the  Esox  Belone,  L.  It  is  called  Durio  in  Athenaeus ; 
ftehovn  -QakaTTtrj  by  ./Elian  ;3  payig  by  Oppian  ;* 
and  Acus  sive  Belone  by  Pliny,5  who  elsewhere  says, 
"  Belone  qui  aculeati  vocantur."6  The  Belone  gets 
its  name  from  its  long  and  slender  shape,  like  a 
"  needle."  The  bones  of  this  fish  are  remarkable 
for  their  colour,  which  is  a  beautiful  green,  not 
arising  either  from  cooking  or  the  spinal  marrow, 
as  some  have  believed.  There  is  a  long  disserta- 
tion on  this  fish  in  the  Addenda  to  Schneider's  edi- 
tion of  JElian,  and  in  Gesner,  De  Aquatilibus.1 

*BECHION.     {Vid.  BHXION.) 

*BEMA  (firjfza).     ( Vid.  Ecclesia.) 

BENDIDEFA  (fievdideia),  a  Thracian  festival  in 
honour  of  the  goddess  Bevdic,  who  is  said  to  be 
identical  with  the  Grecian  Artemis8  and  with  the 
Roman  Diana.  The  festival  was  of  a  bacchanalian 
character.9  From  Thrace  it  was  brought  to  Athens, 
where  it  was  celebrated  in  the  Peirasus,  according 
to  the  scholiast  on  Plato,10  on  the  nineteenth,  or, 
according  to  Aristoteles  Rhodius  and  others,  ol 
VTTo/Liv7]fj.a7io-TaL,  referred  to  by  Proclus,11  on  the 
twentieth,  of  the  month  Thargelion,  before  the  Pan- 
athenaea  Minora.12  Herodotus13  says  that  he  knows 
that  the  Thracian  and  Pseonian  women,  when  they 
sacrifice  to  the  royal  Artemis,  never  offer  the  vic- 
tims without  a  wheat-stalk  (uvev  nvpiJv  icald/inc). 
This  was  probably  at  the  Bevdideia.  The  Temple 
of  BevSic  was  called  Bevdifieiov.1* 

BENEFI'CIUM  ABSTINENDI.     (Vid.  Hekes.) 

BENEFI'CIUM,  BENEFICIA'RIUS.  The  word 
beneficium  is  equivalent  to  feudum  or  fief  in  the 
writers  on  the  feudal  law,  and  is  an  interest  in  land, 
or  things  inseparable  from  the  land,  or  things  im- 
movable.15 The  beneficiarius  is  he  who  has  a  bene- 
ficium. The  term  benefice  is  also  applied  to  an 
ecclesiastical  preferment.16 

The  term  beneficium  is  of  frequent  occurrence  in 
the  Roman  law,  in  the  sense  of  some  special  privi- 
lege or  favour  granted  to  a  person  in  respect  of  age, 
sex,  or  condition.  But  the  word  was  also  used  in 
other  senses,  and  the  meaning  of  the  term,  as  it 
appears  in  the  feudal  law,  is  clearly  derivable  from 
the  signification  of  the  term  among  the  Romans  of 
the  later  republican  and  earlier  imperial  times.  In 
the  time  of  Cicero,  it  was  usual  for  a  general  or  a 
governor  of  a  province  to  report  to  the  treasury 
the  names  of  those  under  his  command  who  had 
done  good  service  to  the  state  :  those  who  were 
included  in  such  report  were  said  in  benejiciis  ad 
ararium  deferri.11  In  benejiciis  in  these  passages  may 
mean  that  the  persons  so  reported  were  considered 
as  persons  who  had  deserved  well  of  the  state,  and 
so  the  word  beneficium  may  have  reference  to  the 
services  of  the  individuals  ;  but  as  the  object  for 
which  their  services  were  reported  was  the  benefit 
of  the  individuals,  it  seems  that  the  term  had  refer- 
ence also  to  the  reward,  immediate  or  remote, 
obtained  for  their  services.  The  honours  and  offi- 
ces of  the  Roman  state,  in  the  republican  period, 
were  called  thebeneficia  of  the  Populus  Romanus. 

Beneficium  also  signified  any  promotion  conferred 
un,  or  grant  made  to  soldiers,  who  were  thence 

1.  (Pollux,  Onom.,  viii.,  6.)— 2.  (Att.  Process,  526.)— 3.  (N. 
A..,  ix.,  60.)— 4.  (Hal.,  i.)— 5.  (II.  N.,  ix.,  51.)— 6.  (H.  N., 
xxxii.,  11.) — 7.  (Adams,  Append.,  s.v.) — 8.  (Hesych.,  s.  v.  B/r- 
fof.)— 9.  (Strabo,  x.,  p.  470,  d.)— 10.  (Repub.,  i.,  p.  354,  s.  24, 
Kl.  Bekk.)— 11.  (Coram,  in  Plat.,  Tim.,  lib.  i.)— 12.  (Clinton,  F. 
R\,  p.  333,  334.)— 13.  (iv.,  33,  sub  fin.)— 14.  (Xen.;  Hellen.,  ii., 
i,  i>  11.— Liv.,  xxxviii.,  41.)— 15.  (Feud.,  lib.  ii.,  tit.  1.)— 16. 
(Ducange,  Gloss.)— 17.  (Cic.,  Pro  Arch.,  c.  5. — Ep.  ad  Fam  ,  v., 
W) 

15G 


called  beneficiarii :  this  practice  was  common,  as 
we  see  from  inscriptions  in  Gruter,1  in  some  of 
which  the  beneficiarius  is  represented  by  the  two 
letters  B.  F.  In  this  sense  we  must  understand 
the  passage  of  Caesar2  when  he  speaks  of  the  mag- 
na beneficia  and  the  magna  clientele  of  Pompey  in 
Citerior  Spain.  Beneficiarius  is  also  used  by  Cas- 
sar3  to  express  the  person  who  had  received  a 
beneficium.  It  does  not,  however,  appear  from 
these  passages  what  the  beneficium  actually  was. 
It  might  be  any  kind  of  honour,  or  special  exemp 
tion  from  service.* 

Beneficiarius  is  opposed  by  Festus5  to  muuifex, 
in  the  sense  of  one  who  is  released  from  military 
service,  as  opposed  to  one  who  is  bound  to  do  mil- 
itary service. 

It  appears  that  grants  of  land  and  other  things 
made  by  the  Roman  emperors  were  called  beneficia, 
and  were  entered  in  a  book  called  Liber  Benefici- 
orum*  The  secretary  or  clerk  who  kept  this  book 
was  called  a  commentariis  beneficiorum,  as  appears 
from  an  inscription  in  Gruter.7 

*BER'BERI  (pipdepi),  according  to  Rondelet,  the 
Concha  margaritifera,  or  Mother  of  Pearl,  meaning, 
as  Adams  supposes,  the  Avicula  margafitifera  of  later 
naturalists.8  Eustathius  makes  it  an  Indian  name. 
It  appears  to  be  connected  in  some  way  with  the 
commerce  of  the  Eastern  region,  or  seacoast,  term- 
ed Barbaria.9 

*BERRIKOK'EA  (pepUoicKa),  a  synonyme  of  the 
Malum  Armeniacum,  or  Apricot. 

*BERYLLUS  (/^pi^Aof),  the  Beryl,  a  precious 
stone,  forming  a  sub-species  of  emerald.  The  Ro- 
mans would  appear  to  have  been  in  the  habit  of 
studding  their  cups  with  beryls,  and  hence  Juvenal 
says,  "et  incequales  beryllo  Vitro  tenet  phialas."19 
The  affinity  between  the  beryl  and  the  emerald  was 
not  unknown  to  the  ancients,  and  hence  Pliny  re- 
marks, "  Beryls  appear  to  many  to  have  the  same, 
or,  at  least,  a  like  nature  with  emeralds."11  Ac- 
cording to  this  writer,  they  came  from  India,  anc 
were  rarely  found  in  other  countries.  At  the  prea  • 
ent  day,  however,  the  finest  beryls  are  obtained 
from  Dauria,  on  the  frontiers  of  China.  They  occur, 
also,  in  the  Uralian  Mountains,  and  other  parts  of 
Siberia,  in  France,  Saxony,  the  United  States,  and 
Brazil,  especially  the  latter.12  The  normal  type  of 
the  Beryl,  as  of  the  emerald,  is  the  hexaedral  prism, 
more  or  less  modified  ;  the  pointing,  however,  is 
not  always  complete.13  Pliny  seems  to  regard  this 
crystalline  form  of  the  stone  as  the  result  of  the 
lapidary's  art ;  he  adds,  however,  that  some  sup- 
pose the  Beryl  to  be  naturally  of  that  shape.  The 
same  writer  enumerates  eight  different  kinds :  "  The 
best  wrere  those  of  a  pure  sea-green,  our  aqua  ma- 
rina, or,  as  the  French  term  it,  Bcril  aigue-marinc. 
The  next  in  esteem  were  called  Chrysoberyls,  and 
are  somewhat  vaguely  described  as  'paullo  pallidi- 
ores,  sed  in  aureum  color  em  excunte  fulgore.1  This 
was  probably  the  yellow  emerald,  such  as  occurs  in 
Auvergne,  or  at  Haddam  in  Connecticut.  The  third 
was  called  Chrysoprase,  and  would  seem  to  have 
been,  in  fact,  as  Pliny  says  some  considered  it,  a 
mineral  proprii  generis,  different  from  the  Beryl.  It 
resembled  in  colour  the  juice  of  1  he  leak,  but  with 
somewhat  of  a  golden  tinge,  and  hence  its  name. 
Although  we  are  uncertain  as  to  the  mineral  here 
described,  yet  it  is  not  improbable  that  it  was  the 
same  now  called  Chrysoprase,  and  to  which  Lei. 

1.  (Ii.,  4 ;  exxx.,  5.)— 2.  (Bell.  Civ.,  ii.,  18.)— 3.  (Bell.  Civ 
i.,  75.)— 4.  (Bell.  Civ.,  iii.,  88—  Suet.,  Tib.,  12.)— 5.  (s.  v.)— h. 
(Hyginus,  De  Limitibus  Const.it.,  p.  193,  Goes.) — 7.  (dlxxvih., 
1.) — 8.  (Casaubon  in  Athen.,  p.  177. — Adams,  Append.,  s.  v.) — 
9.  (Athensus,  iii.,  p.  93,  B.— Eustath.  in  II.,  9,  402,  p.  759,  50. 
— Vincent's  Anc.  Commerce,  vol.  ii.,  p.  123.) — 10.  (Sat.,  v.,  38.) 
—11.  (H.  N.,  xxxvii.,  20.)— 12.  (Cleave  land's  Mineralogy,  voL 
i.,  p.  343.)-  -13.  (Fee  in  Pirn.,  1.  c.) 


BETTONICA. 


BIBASIS. 


man  was  the  first  m  modern  times  who  gave  the  an- 
cient name.  The  fourth  variety  of  Beryl  was  of  a 
colour  approaching  the  hyacinth  ;  the  fifth  were 
termed  airoides ;  the  sixth  were  of  a  wax,  tne  sev- 
enth of  an  olive  colour.  The  last  variety  spoken 
of  by  Pliny  resembled  crystal,  but  contained  hairy 
threads  and  impurities.  These  were  probably  such 
crystals  of  quartz  as  are  often  found,  rendered  part- 
ly opaque  by  chlorite,  or  penetrated  by  capillary 
crystals  of  epidote,  actinolite,  or  other  minerals. 
Pliny  observes  that  the  Indians  stained  rock-crystal 
in  such  a  way  as  to  counterfeit  other  gems,  and  es- 
pecially the  Beryl."1 

BESTIA'RII  {&rjptofj.axot.)  were  persons  who 
fought  with  wild  beasts  in  the  games  of  the  circus. 
They  were  either  persons  who  fought  for  the  sake 
of  pay  (auctor amentum2),  and  who  were  allowed 
arms,  or  they  were  criminals,  who  were  usually 
permitted  to  have  no  means  of  defence  against  the 
wild  beasts.3  The  bestiarii,  who  fought  with  the 
beasts  for  the  sake  of  pay,  and  of  whom  there  were 
great  numbers  in  the  latter  days  of  the  Republic 
and  under  the  Empire,  are  always  spoken  of  as  dis- 
tinct from  the  gladiators,  who  fought  with  one  an- 
other* It  appears  that  there  were  schools  in  Rome, 
in  which  persons  were  trained  to  fight  with  wild 
beasts  (schola  bestiarum  or  bestiariorum*). 

*BETA  (revr?.oc,  -ov,  -iov,  -«c,  or  oevr'kov),  the 
Beet,  or  Beta  vulgaris.  The  Greeks  distinguished 
two  kinds  of  this  vegetable  by  means  of  their  col- 
our, namely,  the  Black  and  the  White  Beet,  the  lat- 
ter of  which  was  also  called  the  Sicilian.  The 
white  was  preferred  to  the  other.  The  Romans 
had  also  two  kinds,  in  name  at  least,  the  vernal  and 
autumnal,  taking  their  names  from  the  periods  when 
they  were  sown.  The  largest  beets  were  procured 
around  Circeii.6 

*BETTON'ICA  and  BRETTAN'ICA  (Pbttovikt} 
and  (3peT-aviKr/),3.  species  of  plant,  commonly  called 
"  the  Betony."  "  It  is  almost  incredible,"  observes 
Adams,  "  how  much  of  confusion  and  mistake  has 
arisen  about  these  terms.  With  respect  to  the 
Betonica  of  Paul  of  yEgina,  the  most  probable  opin- 
ion i3  that  held  by  Bauhin,  namely,  that  it  was  ei- 
ther the  Veronica  officinalis,  common  male  Speed- 
well, or  the  V.  serpyllifolia,  or  smooth  Speedwell.  In 
Miller's  Gardener's  Dictionary,  the  former  of  these, 
and  in  the  Northern  Flora  of  Dr.  Murray,  'the  latter, 
gets  the  additional  name  of  '  Paul's  Betony.'  The 
(Settovlktj,  which  was  merely  a  synonyme  of  the 
niarpov,  was  most  probably  either  the  Betonica  offi- 
cinalis, or,  as  Sprengel  rather  thinks,  the  B.  alopec- 
uros.  We  now  come  to  the  Bper-aviKr/  of  Dioscor- 
ides.  This  he  describes  as  resembling  wdd  Dock 
(AaTTudo)  aypio),  but  having  a  larger  and  rougher 
leaf.  He  ascribes  to  it,  also,  a  styptic  power,  which 
rendered  it  well  adapted  for  affections  of  the  mouth 
and  fauces.  Paul  of  iEgina,  in  like  manner,  com- 
pares his  fipe-TaviK-ri  to  the  wild  Dock,  and  com- 
mends it  for  the  cure  of  mortifications  of  the  mouth, 
oy  which  he  no  doubt  means  Scurvy.  This  is  the 
plant  upon  the  uses  of  which  a  small  work  was 
written  by  Antonius  Musa,  physician  to  Augustus. 
This  Libellus  was  published  at  Zurich,  A.D.  1537, 
with  notes  by  Humelbergius.  It  is  a  tract,  how- 
ever, of  little  value,  either  in  a  philological  or  scien- 
tific point  of  view ;  and,  indeed,  there  is  much  reas  \n 
to  doubt  the  genuineness  of  the  work  which  we 
possess.  Munting,  in  a  very  learned  work, '  De  Vera 
Antiquorum  Herba  Briltanica,^  gives  an  interesting 
exposition  of  the  opinions  entertained  by  modern 

1.  (Moore's  Anc.  Mineral.,  p.  151.) — 2.  (Compare  Manil.,  iv., 
255.)— 3.  (Cic,  Pro  Sextio,  64.— Sen.,  De  Belief.,  ii.,  19.— lb., 
Epist.,  70.— Tertull.,  Apol.,  9.)— 4.  (Cic.  in  Vatm.,  17.— Ad 
yuint  Fr.,  ii.,  6,  I)  5.)— 5.  (Tertull.,  Apol.,  35.)— 6.  (Plin.,  H. 
N..  xix..  8.) 


authorities  on  Bctany  respecting  this  herb.  lie 
shows  that  it  has  been  referred  tc  the  Cochlea-no, 
Anagallis,  Consoliia,  Veronica,  Prunella,  &c.  The 
most  probable  opinion,  however,  he  thinks,  is  thai 
it  was  some  species  of  Dock  or  Rumex.  Sprengel. 
too,  inclines  to  the  same  opinion,  that  it  was  eithei 
the  Rumex  hydrolapathum  or  Aquaticus,  L.  In  con- 
firmation of  this  view  of  the  matter,  it  may  be  prop- 
er to  mention  that  the  Brettanica  is  noticed  under 
the  name  of  the  black  Dock'  by  Aetius."  Another 
form  of  the  ancient  name  is  Vettonica,  derived,  ac 
cording  to  Pliny,  from  the  circumstance  of  the  Vet- 
tones  in  Spain  having  discovered  this  herb.  Its 
uses  and  virtue  in  medicine  were  almost  countless, 
so  that  a  proverb  has  arisen  among  the  Italians  re- 
specting it :  "  aver  piit  virtu  che  la  bettonica,^  "  to 
possess  more  virtue  than  the  bettonica."1 

*BH/XION  (Ptxt-ov),  a  plant,  which  Woodville, 
Sprengel,  Dierbach,  and  nearly  all  the  commenta- 
tors agree  is  the  Tussilago  farfara,  or  Colt's-foot 
Galen  says  it  derived  its  name  from  its  being  be 
lieved  to  possess  the  property  of  aiding  coughs  and 
difficulty  of  breathing  {(3tj%,  -rjxoc,  being  the  Greek 
term  for  a  cough2).  A  patent  medicine,  prepared 
from  the  Colt's-foot,  is,  according  to  Adams,  much 
cried  up  in  England  at  the  present  day  as  a  cure 
for  coughs.3 

BIAI'QN  AIKH  (piaiav  dint)).  This  action  might 
be  brought  whenever  rapes  of  free  persons,  or  the 
illegal  and  forcible  seizure  of  property  of  any  kind, 
were  the  subject  of  accusation  ;  and  we  learn  from 
Demosthenes*  that  it  came  under  the  jurisdiction  of 
the  Forty.  According  to  Plutarch,5  the  law  prescri- 
bed that  ravishers  should  pay  a  fine  of  100  drachmae  ; 
but  other  accounts  merely  state  generally  that  the 
convict  was  mulcted  in  a  sum  equal  to  twice  that 
at  which  the  damages  were  laid  [8nc7Jrjv  ttjv  fiMftqv 
b^elXetv6) ;  and  the  plaintiff  in  such  case  received 
one  half  of  the  fine,  and  the  state,  a3  a  party  medi- 
ately injured,  the  other.  To  reconcile  these  ac- 
counts, Meier7  supposes  the  rape  to  have  been 
estimated  by  law  at  100  drachmas,  and  that  the 
plaintiff  fixed  the  damages  in  reference  to  other  in- 
juries simultaneous  with,  or  consequent  upon,  the 
perpetration  of  the  main  offence.  With  respect  to 
aggressions  upon  property,  the  action  ftiaiuv  is  to 
be  distinguished  from  egovXnc,  in  that  the  former 
implies  the  employment  of  actual  violence,  the  lat- 
ter merely  such  detention  of  property  as  amounted 
to  violence  in  the  contemplation  of  law,9  as,  for  in- 
stance, the  non-payment  of  damages  and  the  like, 
to  the  successful  litigant  after  an  awrard  in  his  fa- 
vour by  a  court  of  justice.9 

BIB'ASIS  (fiiOaoLc)  was  a  kind  of  gymnastic 
dance,  much  practised  among  the  Spartans,  by  both 
men  and  women.  The  dance  consisted  in  spring- 
ing rapidly  from  the  ground,  and  striking  the  feet 
behind;  a  feat  of  which  a  Spartan  woman  in  Aris- 
tophanes10 prides  herself.  The  number  of  success- 
ful strokes  was  counted,  and  the  most  skilful  re- 
ceived prizes.  We  are  told  by  a  verse  which  has 
been  preserved  by  Pollux,11  that  a  Laconian  girl 
had  danced  the  bibasis  a  thousand  times,  which 
was  more  than  had  ever  been  done  before.13  The 
bibasis  appears  to  have  been  nearly  the  same  as  the 
padaTTvyi&iv,  which  Pollux13  explains  by  aijiC)  r£ 
nodi  tov  yXovrov  iraleiv,  on  the  meaning  of  which 
see  Hesychius.1* 

1.  (Dioscor.,  iv.,  1. — Paul.  iEs-in.,  ii.,  3. — Adams,  Append.,  s 
v.) — 2.  ((Ifixiov  uvdfiaarai  ph  o'vrws  a~b  tov  nciri'jTEVoOai  firjxfc 
te  Kal  dpdoTzvoias  w0e>£7v.) — 3.  (Dioscor.,  iii.,  116. — Adams,  Ap- 
pend., s.  v.) — 4.  (c.  Pantaen.,  976,  11.— Compare  Harpocrat.,  s. 
v.)— 5.  (Solon,  23.)— 6.  (Lys.,De  Caede  Eratosth.,  33.— Demosth., 
c.  Mid.,  528,  20.)— 7.  (Att.  Process,  p.  545.)— 8.  (Meier,  Att 
Process,  p.  546.)— 9.  (Demosth.,  c.  Mid.,  540, 24.)— 10.  (Lysistr., 
28.)— 11.  (iv.,  102.)— 12.  (Muller,  Dorians,  iv.,  6,  <)  8,  p.  351, 
352,  transl.)— 13.  (ix.,  126.)— 14.  (s.  v.— Schol.  in  Ar.stoph., 
Equit..  793.— Eustath.  in  II.  p.  861  :  in  Od.,  p.  1818.) 

157 


BIBL10THECA. 


BIBLIOTHECA. 


BIBLIOPO'LA,  a  bookseller,1  PlSIiokMw,*  also 
failed  librarius,3  in  Greek  also  (3i6Muv  kutcvIoc, 
or  j3 16X10  aaTrnXoc*  The  shop  was  called  apoth- 
:cu  (imodfjur)),  or  taberna  libraria,6  or  merely  libra- 
rian The  Romans  had  their  Paternoster  Row ;  for 
the  bibliopolae  or  librarii  lived  mostly  in  one  street, 
called  Argiletum,  to  which  Martial  alludes7  when 
addressing  his  book  on  the  prospect  of  the  criticism 
■t  would  meet  with  : 

"  Argiletanas  mavis  habitare  tabernas, 
Quum  tibi,  parve  liber,  scrinia  nostra  vacant." 

Another  favourite  quarter  of  the  booksellers  was 
the  Vicus  Sandalarius.8  There  seems  also  to  have 
been  a  sort  of  bookstalls  by  the  temples  of  Vertum- 
nus  and  Janus,  as  we  gather  from  Horace's  address 
to  his  book  of  Epistles  :9 

"  Vertumnum  Janumque,  liber,  spectare  videris." 

Again,  Horace10  prides  himself  on  his  books  not 
being  to  be  seen  at  the  common  shops  and  stalls,  to 
he  thumbed  over  by  every  passer-by : 

"  Nulla  taberna  meos  habeat,  neque  pila  libellos ; 
Qaeis  manusinsudet  vulgi,  Hermogenisque  Tigelli." 

Booksellers  were  not  found  at  Rome  only,  though 
they  were,  of  course,  rare  in  smaller  cities.  Pliny11 
says  he  had  not  supposed  that  there  were  any  book- 
sellers at  Lugdunum,  but  finds  that  there  were,  and 
that  they  even  had  his  works  on  sale.  Martial,  in 
an  amusing  epigram,13  tells  a  person  called  Quintus, 
who  had  asked  him  by  a  broad  hint  to  give  him  a 
copy  of  his  works,  that  he  could  get  one  at  Try- 
phon's,  the  bookseller : 

"  Exigis  ut  donem  nostros  tibi,  Quintc,  libellos , 
Non  habeo,  sed  habet  bibliopola  Trypkon." 

The  booksellers  not  only  sold  books ;  they  tran- 
scribed them  also,  and  employed  persons  for  the 
purpose ;  but  they  did  not  consider  themselves  an- 
swerable always  for  the  correctness  of  the  copy.13 
Sometimes  the  author  revised  it  to  oblige  a  friend 
who  might  have  bought  it.1* 

On  the  shop-door  or  the  pillar,  as  the  case  might 
be,  there  was  a  list  of  the  titles  of  books  on  sale ; 
allusion  is  made  to  this  by  Martial15  and  by  Hor- 


ace 


16 


The  remuneration  of  authors  must  have  been 
very  small,  if  we  are  to  judge  from  the  allusions  of 
Martial,  who  says,  for  example,  that  a  nice  copy  of 
his  first  book  of  Epigrams  might  be  had  for  five 
denarii.17  Pliny  the  elder,  however,  when  in  Spain, 
was  offered  as  much  as  four  hundred  thousand  ses- 
terces for  his  Commentarii  Electorum  18 

Books  then,  as  now,  often  found  their  way  into 
other  shops  besides  book-shops,  as  waste  paper ;  and 
schoolboys  had  frequently  to  go,  for  example,  to  the 
fishmonger's  to  see  if  he  had  the  book  they  want- 
ed.19 Mice,  moths,  beetles,  and  so  forth,  found 
plenty  of  food  in  musty  unused  books.20 

BIBLIOTHE'CA  {(3i.6Xwdf/K7i,  or  amdr/tcn  816- 
Xlov),  primarily,  the  place  where  a  collection  of 
books  was  kept ;  secondarily,  the  collection  itself.21 
Little  as  the  states  of  antiquity  dealt  with  the  in- 
struction of  the  people,  public  collections  of  books 
appear  to  have  been  very  ancient.  That  of  Pisis- 
tratus  was  intended  for  public  use  ;22  it  was  subse- 
quently removed  to  Persia  by  Xerxes.  About  the 
same  time,  Polycrates,  tyrant  of  Samos,  is  said  to 


\ 


1.  (Martial,  Ep.,  iv.,  71 ;  xiii.,  3.)— 2.  (Pollux,  Onom.,  xiii., 
S3.)— 3.  (Cic,  De  Leg.,  ii.,  20.) — 4.  (Lucian,  adv.  Indoct.,  24.) 
—5.  (Cic,  Phil.,  ii.,  9.)— 6.  (Aul.  Gell.,  v.,  4.)— 7.  (Ep..  i..  4.) 
—8.  (Aul.  Gell.,  xviii.,  4.— Galen,  De  Lib.  su.,  iv.,  p.  361.)— 9. 
(Ep.  I.,  xx.,  1.)— 10.  (Sat.,  I.,  iv.,  71.)— 11.  (Ep.,  ix.,  11.)— 12. 
(iv.,  72.)— 13.  (Mart.,  ii.,  8.)— 14.  (Mart.,  vii.,  11,  16.)— 15.  (i., 
118.)— 16.  (Ep.  ad  Pis.,  372.— Sat..  I.,  iv.,  71.)— 17.  (Compare 
i.,  67  ;  xiii.,  3.)— 18.  (Plin.,  Epist.,  iii.,  5.)— 19.  (Mart.,  vi.,  60, 
7.)— 20.  (Vid.  Juv.,  Sat.,  iii.,  207.— Mart.,  iii.,  2;  xiii.,  1.)— 21. 
(Festus,  s.  v.)— 22.  (Aul.  Gell.,  vi.,  17.— Athen»U9,  i.,  p.  3.) 

158 


have  founded  a  library.  In  the  best  days  of  Athens, 
even  private  persons  had  large  collections  of  books ; 
the  most  important  of  which  we  know  anything  be- 
longed to  Euclid,  Euripides,  and  Aristotle.1  Strabo 
says2  that  Aristotle  was  the  first  who,  to  his  knowl- 
edge, made  a  collection  of  books,  and  taught  the 
Egyptian  kings  the  arrangement  of  a  library.  The 
most  important  and  splendid  public  library  of  an- 
tiquity was  that  founded  by  the  Ptolemies  at  Alex- 
andra, begun  under  Ptolemy  Soter,  but  increased 
and  rearranged  in  an  orderly  and  systematic  man- 
ner by  Ptolemy  Philadelphus,  who  also  appointed 
a  fixed  librarian,  and  otherwise  provided  for  the 
usefulness  of  the  institution.  The  library  of  the 
Ptolemies  contained,  according  to  Aulus  Gellius,3 
700,000  volumes  ;  according  to  Josephus,  500,000  •, 
and  according  to  Seneca,*  400,000.  The  differ- 
ent reckoning  of  different  authors  may  be  in  some 
measure,  perhaps,  reconciled  by  supposing  that  they 
give  the  number  of  books  only  in  a  part  of  the  libra- 
ry ;  for  it  consisted  of  two  parts,  one  in  the  quarter 
of  the  city  called  Brucheion,  the  other  in  the  part 
called  Serapeion.  Ptolemy  Thiladelphus  bought 
Aristotle's  collection  to  add  to  *,he  library,  and  Ptol- 
emy Euergetes  continued  to  add  to  the  stock.  A 
great  part  of  this  splendid  library  was  consumed  by 
fire  in  the  siege  of  Alexandrea  by  Julius  Caesar : 
some  writers  say  that  the  whole  was  burned ;  but 
the  discrepancy  in  the  numbers  stated  above  seems 
to  confirm  the  opinion  that  the  fire  did  not  extend 
so  far.  At  any  rate,  the  library  was  soon  restored, 
and  continued  in  a  flourishing  condition  till  it  was 
destroyed  by  the  Arabs  A.D.  640. 5  Connected 
with  the  greater  division  of  the  library,  in  the  quar- 
ter of  Alexandrea  called  Brucheion,  was  a  sort  of 
college,  to  which  the  name  of  Mouseion  (or  Museum) 
was  given.  Here  many  favoured  literati  pursued 
their  studies,  transcribed  books,  and  so  forth ;  lec- 
tures also  were  delivered.  ( Vid.  Auditorium.)  The 
Ptolemies  were  not  long  without  a  rival  in  zeal. 
Eumenes,  king  of  Pergamus,  became  a  patron  of 
literature  and  the  sciences,  and  established  a  libra- 
ry, which,  in  spite  of  the  prohibition  against  ex- 
porting papyrus  issued  by  Ptolemy,  who  was  jealous 
of  his  success,  became  very  extensive,  and  perhaps 
next  in  importance  to  the  library  of  Alexandrea. 
It  remained,  and  probably  continued  to  increase,  till 
Antonius  made  it  a  present  to  Cleopatra.6 

The  first  public  library  in  Rome  wTas  that  founded 
by  Asinius  Pollio,7  and  was  in  the  atrium  Liberta- 
tis  (vid.  Atrium)  on  Mount  Aventine.8  Julius  Cae- 
sar had  projected  a  Greek  and  Latin  library,  and 
had  commissioned  Varro  to  take  measures  for  the 
establishment  of  it ;  but  the  scheme  was  prevented 
by  his  death.9  The  library  of  Pollio  was  followed 
by  that  of  Augustus,  in  the  Temple  of  Apollo  on 
Mount  Palatine,10  and  another,  bibliothecae  Octavi 
anae  (so  called  from  Augustus's  sister  Octavia),  in 
the  theatre  of  Marcellus.11  There  were  also  libra- 
ries on  the  Capitol,12  in  the  Temple  of  Peace,13  in 
the  palace  of  Tiberius,14  besides  the  Ulpian  library, 
■which  was  the  most  famous,  founded  by  Tiajan,18 
called  Ulpian  from  his  own  name,  Ulpius.  This 
library  was  attached  by  Diocletian  as  an  ornament 
to  his  thermae.16 

Private  collections  of  books  were  made  at  Rome 
soon  after  the  second  Punic  war.  The  ;•  eal  of  Ci- 
cero, Atticus,  and  others  in  increasing  their  libra- 
ries is  well  known.17    It  became,  in  fact,  the  fashion 

1.  (Athen.,  i.,  c.  2.)— 2.  (xiii.,  1.)— 3.  (vi.,  17.)— 4.  (De  Tranq. 
An.,  c.  9.)— 5.  (Vid.  Gibbon,  c.  51.)— 6.  (Plut.,  Anton.)— 7. 
(Plin.,  H.  N.,  vii.,  30.— Isid.,  Orig.,  vi.,  5,  1.)— 8  .  (Ovid,  Trist., 
III.,  i.,  71.— Martial,  xii.,  3,  5.)  — 9.  (Suet.,  Jul.,  44.)— 10. 
(Suet.,  Octav.,  29.  — Dion,  lxiii.,  1.)  — 11.  (??Jt.,  Marcell.— 
Ovid,  Trist.,  III.,  i.  60,  69.)— 12.  (Suet.,  Don:  .20.)— 13  (Aul. 
Gell.,  xvi.,  18.)— 14.  (Aul.  Gell.,  xiii.,  18.)— 15.  (Aul.  GeJ2,xi., 
17.— Dion,  lxviii.,  16.)— 16.  (Vopisc,  Prob.,  J.)— 17.  (Ck.,  ad 
Att.,  i.,  7,  10;  iv.,  5;  ad  Quint.  Fratr.,  iii.) 


BIDENTAL. 


BIPALIUM. 


•o  have  a  room  elegantly  furnished  as  a  library,  and 
reserved  for  that  purpose.1  However  ignorant  or 
unstudious  a  person  might  be,  it  was  fashionable  to 
appear  learned  by  having  a  library,  though  he  might 
never  even  read  the  titles  of  the  books.  Seneca3 
condemns  the  rage  for  mere  book-collecting,  and 
rallies  those  who  were  more  pleased  with  the  out- 
side than  the  inside.  Lucian  wrote  a  separate 
piece  to  expose  this  common  folly  (npbg  d-rraidevrov 
nal  7roXXa  (3t6?i,ia  uvoxifievov). 

A  library  generally  had  an  eastern  aspect :  "  Usus 
inim  matt.cinuri  postulat  lumen :  item  in  bibliothecis 
libri  non  -putrescent"3 

In  Herculaneum  a  library  fully  furnished  was  dis- 
covered. Round  the  walls  it  had  cases  containing 
the  books  in  rolls  {vid.  Liber)  ;  these  cases  were 
numbered.  It  was  a  very  small  room ;  so  small 
that  a  person,  by  stretching  out  his  arms,  could  touch 
both  sides  of  it.  The  cases  were  called  either  ar- 
maria,* or  loculamenta,5  or  foruli,6  or  nidi.7  Asin- 
ius  Pollio  had  set  the  fashion  in  his  public  library 
of  adorning  the  room  with  the  portraits  and  busts 
of  celebrated  men,  as  well  as  statues  of  Minerva 
and  the  Muses.  This  example  was  soon  followed 
in  the  private  libraries  of  the  rich.8  Martial9  sends 
to  his  brother  Turanius  a  copy  of  some  verses, 
which  he  sent  with  a  bust  of  himself  to  Avitus,  who 
wished  to  have  a  bust  of  Martial  in  his  library.  So, 
in  the  library  which  Hadrian  founded  at  Athens, 
there  were  oiKijuara  dyaAuacrt  KEKoaunfieva  nal  ypa- 
<balc-  KaraKUTat  de  eg  avrd  (3t62.ia.10  The  charge  of 
the  libraries  in  Rome  was  given  to  persons  called 
librarii.     (Vid.  Ltbrarius.) 

Bl'KOS  ((3ikoc),  the  name  of  an  earthen  vessel  in 
common  use  among  the  Greeks.11  Hesychius12  de- 
fines it  as  a  cTu.fj.vog  with  handles.  It  was  used  for 
holding  wine,13  and  salted  meat  and  fish.1*  Herod- 
otus"-5 speaks  of  (3tKovg  (potvinrjiovg  Kardyovai  oivov 
«r/Uoff,  Trricn  some  commentators  interpret  by 
"vessels  matie  of  the  wood  of  the  palm-tree  full  of 
wins."  But  as  Eustathius16  speaks  of  olvov  §olvikL- 
vov  plAoc,  we  ought  probably  to  read  in  Herodotus  (31- 
kovc  (f>oivLKniov,  k.  t.  X.,  "  vessels  full  of  palm  wine." 

BIDENS.     (Vid.  Rastrum.) 

BIDENTAL,  the  name  given  to  a  place  where 
any  one  had  been  struck  by  lightning  (fulguritus17), 
or  where  any  one  had  been  killed  by  lightning  and 
buried.  Such  a  place  was  considered  sacred. 
Priests,  who  were  called  bidentales  (i.  e.,  sacer dotes), 
collected  the  earth  which  had  been  torn  up  by  the 
lightning,  and  everything  that  had  been  scorched, 
and  burned  it  in  the  ground  with  a  sorrowful  mur- 
mur.19 The  officiating  priest  was  said  condere  ful- 
gur  ;19  he  farther  consecrated  the  spot  by  sacrifi- 
cing a  two-year-old  sheep  (bidens),  whence  the  name 
of  the  place  and  of  the  priest,  and  also  erected  an 
altar,  and  surrounded  it  with  a  wall  or  fence.  It 
was  not  allowable  to  tread  on  the  place,30  or  to 
touch  it,  or  even  to  look  at  it.21  Sometimes  a  bi- 
dental  which  had  nearly  fallen  to  decay  from  length 
of  time,  was  restored  and  renovated  ;33  but  to  re- 
move the  bounds  of  one  (movere  bidental),  or  in  any 
way  to  violate  its  sacred  precincts,  was  considered 
as  sacrilege.23    From  the  passage  in  Horace,  it  ap- 

1.  (Becker,  GalLus,  i.,  160.)— 2.  (De  Tranq.  An.,  9.)— 3.  (Vi- 
trav.,  vi.,  7.)— 4.  (Plin.,  Ep.,  ii.,  17.— Vopisc,  Tacit.,  8.)— 5. 
(Seneca,  De  Tranq.  An.,  9.)— 6-  (Juv.,  Sat.,iii.,  219.)— 7.  (Mart., 
i.,  118,  15;  vii.,  17,  5.)— 8.  (Juv.,  Sat.,  ii.,  7;  iii.,  219.— Plin., 
Ep.,  iii.,  7;  iv.,  28.— Cic,  ad  Fam.,  vii.,  23.— Plin.,  H.  N., 
xxxv.,  2.— Suet.,  Tib.,  70.  — Mart.,  ix.,  Ep.  ad  Turan.)  —  9. 
(Ep.,ix.,  10—10.  (Pans.,  i.,  18,  t,  9.)— 11.  (Pollux,  Onorn.,  vi., 
14;  vii.,  162;  x.,  73.)— 12.  (s.  v.)— 13.  (Xen.,  Anab.,  i.,  9,  $ 
25.)— 14  (Athe^-rus,  iii.,p.  116,F.)— 15.  (i.,  194.)— 16.  (in  Od., 
p.  1445.)— 17.  (Festus,  s.  v.)— 18.  (Lucan,  i.,  606.)— 19.  (Juv.. 
Sat.,  vi.,  587.— Compare  Orelli,  Inscr.  Lat.,  i.,  p.  431,  No.  2482.) 
—SO.  (Persius,  Sat.,  ii.,  27.)— 21.  (Ainm.  Marcell.,  xxiii.,  5.)— 
32.  (Orelii,  Itisct  Lat.,  i.,  p.  431,  No.  2483.)— 23.  (Hor.,  Ep.  ad 
Pi..,  471.)  v        ,     h 


pears  to  have  been  believed,  that  a  person  who  was 
guilty  of  profaning  a  bidental  would  be  punished  by 
the  gods  with  phrensy ;  and  Seneca1  mentions  an- 
other belief  of  a  similar  kind,  that  wine  which  had 
been  struck  by  lightning  would  produce  in  any  one 
who  drank  it  death  or  madness.  Persons  who  had 
been  struck  by  lightning  (fulguriti)  were  not  re- 
moved, but  were  buried  on  the  spot.8 

BIDLEI  (fitdiatoi),  called  in  inscriptions  fiideoi  or 
(3idvoi,  were  magistrates  in  Sparta,  whose  business 
was  to  inspect  the  gymnastic  exercises.  Their 
house  of  meeting  (dpxetov)  was  in  the  market- 
place.3 They  were  either  five*  or  six  in  number,6 
and  had  a  president,  who  is  called  in  inscriptions 
irpEoSvc  (3ideuv.6  Bockh  conjectures  that  (3ideoi  or 
j3l6vol  is  the  Laconian  form  for  Idvot  or  Fidvoi,  and 
signifies  witnesses  and  judges  among  the  youth.7 

Vdkenaer8  supposes  that  the  bidiaei  were  the 
same  as  the  vofio<f>vlaKec,  and  that  we  ought  to  read 
in  Pausanias,9  nal  vofioQvldicov  KaXovuevov  (3i6ial- 
uv,  instead  of  nal  vouodvhuKuv  nal  KaTiovfiEvov  (3c- 
dca'cuv :  but  the  inscriptions  given  by  Bockh  show 
that  the  bidiaei  and  vonofyvlaneg  were  two  separate 
classes  of  officers. 

BIGA  or  BIGyE,  in  Greek  ovvupla  or  cvvupig 
(bijuge  curriculum10),  a  vehicle  drawn  by  two  horses 
or  other  animals.  This  kind  of  turn-out  is  said  by 
Pliny  (bigas  primum  Phrygum  junxit  natio11)  to  have 
been  invented  by  the  Phrygians.  It  is  one  of  the 
most  ancient  kinds,  and  in  Homer  by  far  the  most 
common  (dl^vyot  cimoc1*).  Four-horse  chariots  are 
also  mentioned.13  Pliny14  mentions  a  chariot  drawn 
by  six  horses.  This  was  the  largest  number  usual 
under  the  emperors  ;15  but  Suetonius  speaks  of  one 
which  Nero  drove  at  the  Olympic  games,  drawn  by 
ten  horses.16  The  name  biga  was  applied  more  to 
a  chariot  used  in  the  circus,  or  in  processions  or  tri- 
umphs, and  on  other  public  occasions,  than  to  the 
common  vehicles  of  every-day  life.17  The  form  of 
the  biga  resembled  that  of  the  Greek  up/za  or  dfypog, 
being  a  rather  short  carriage  on  two  wheels,  open 
above  and  behind,  upon  which  the  driver  usually 
stood  to  guide  the  horses.  See  the  cut  in  the  next 
article.     (Vid.  Bigatus.) 

BIGATUS  (i.  e.,  nummus),  a  silver  denarius,  on 
which  the  representation  of  a  biga  was  stamped.18 
This  was  an  ancient  stamp  on  Roman  money,  as 
we  learn  incidentally  from  Tacitus,  who  says19  that 
the  Germans,  although  mostly  practising  barter, 
still  had  no  objection  to  old  and  well-known  coins 
(pecuniam  veterem  et  diu  notam),  such  as  bigati. 
Bigati  were  also  called  argentum  bigatum.™  The 
value  was  different  at  different  times.  (Vid.  Dena- 
rius.) A  denarius,  on  which  the  representation  of 
a  quadriga  was  stamped,  was  in  the  same  manner 
called  Quadrigatus.  The  annexed  cuts,  represent- 
ing a  bigatus  and  quadrigatus,  are  taken  from  coins 
in  the  British  Museum. 


BIPA'LIUM.     (Vid.  Pa  la.) 


1.  (Nat.  Qu-^st.,  ii.,  53.)— 2.  (Pers.,  Sat.,  ii.,  27.— Plin.,  II.  N., 
xi.,  54.)— 3.  (Paus.,  iii.,  11,  $  2.)— 4.  (Paus.,  1.  c.)— 5.  (Bockh, 
Corp.  Inscrip.,  No.  1271,  1364.) — 6.  (Bockh,  Corp.  Inscrip.,  p. 
611.)— 7.  (Compare  MCiller,  Dorians,  iii.,  7,  $  8,  p.  132,  133, 
transl.)— 8.  (in  Herod.,  vi.,  57.)— 9.  (1.  c.)— 10.  (Suet.,  Calir., 
c.  19.)— 11.  (vii.,  56.)— 12.  (II.,  v.,  195.)— 13.  (Compare  II.,  vni  . 
185.— Od.,  xiii.,81— Virg.,  Georg.,  iii.,  18.)— 14.  (H.  N.,  xxxiv., 
5.)— 15.  (Isidor.,  Orig.,  xviii.,  36.)— 16.  (Ner.,  c.  24.)  — 17 
(Compare  Suet.,  Tib.,  c.  26.— Domit.,  c.  4.)— 18.  (Plin.,  H.  N., 
xxxiii.,3. — Liv.,  xxiii.,  15  ;  xxxvi.,  40.)— 19.  (Germ  C.  5.)-  10 
(Liv.,  xxxiii.,  23,  27  ;  xxxiv.,  46  ;  xxxvi.,  21  ) 

150 


BISUA 


BITUMEN. 


BIPENNIS.     (Vid.  Securis.) 

BIRE'MIS  was  used  in  two  significations.  I.  It 
signified  a  ship  with  two  banks  of  oars,  an  explana- 
tion of  the  construction  of  which  is  given  in  the  ar- 
ticle Nahs.  Such  ships  were  called  SiKpora  by  the 
Greeks,  which  term  is  also  used  by  Cicero  (Ipse 
Domilius  dona  plane  habet  dicrota1)  and  Hirtius 
(Capit  ex  eo  prce.Uo  penlerem  unam,  triremes  duas,  di- 
croias  octo2).  II.  It  signified  a  boat  rowed  by  two 
oars,3  in  which  sense  it  must  be  used  by  Horace 
when  he  says : 

"  Tunc  me,  liremis  prcesidio  scaphce, 
Tutum  per  fflgeos  tumvltus 

Auraferet,  geminusque  Pollux.'1''* 

BIRRHUS  (filppoc,  Prjpoc),  a  cape  or  hood,  which 
was  worn  out  of  doors  over  the  shoulders,  and  was 
sometimes  elevated  so  as  to  cover  the  head.  On 
the  former  account  it  is  classed  by  an  ancient  gram- 
marian with  the  lacerna,  and  on  the  latter  with  the 
cowl,  or  cucullus}  It  had  a  long  nap  (amphiballus, 
i.  e.,  amphimallus,  villosus6),  which  was  commonly 
of  sheep's  wo61,  more  rarely  of  beaver's  wool  (bir- 
rhus  castor  ens1).  In  consequence  of  its  thickness,  it 
was  also  rather  stiff  (byrrhum  rigentem*).  Accord- 
ing to  the  materials  of  which  it  was  made,  it  might 
be  either  dear,9  or  so  cheap  as  to  be  purchased  by 
the  common  people. 

These  garments,  as  well  as  lacernse,  were  woven 
at  Canusium  in  Apulia ;  and  probably  their  name 
(hyrrhus,  i.  e.,  ixvppoc)  was  derived  from  the  red  col- 
our of  the  wool  for  which  that  district  was  cele- 
brated. They  were  also  made  in  different  parts  of 
Gaul,  especially  among  the  Atrebates.10  Soon  af- 
terward they  came  into  general  use,  so  that  the 
birrhus  is  mentioned  in  the  edict  of  Diocletian,  pub- 
lished A.D.  303,  for  the  purpose  of  fixing  a  maxi- 
mum of  prices  for  all  the  articles  which  were  most 
commonly  used  throughout  the  Roman  empire. 

*BISON  (fliauv),  "the  rame  of  a  sub-genus  of 
the  genus  bos  ('  ox'),  comprehending  two  living  spe- 
cies, one  of  them  the  European,  now  become  very 
scarce,  and  verging  towards  extinction ;  the  other 
the  American,  and,  notwithstanding  the  advances  of 
man,  still  multitudinous.  A  good  deal  of  conflicting 
opinion  has  thrown  some  obscurity  over  the  Euro- 
pean species.  Pennant,  in  his  '  British  Zoology,' 
after  stating  his  belief  that  the  ancient  wild  cattle 
of  Britain  were  the  Bisontes  jubati  of  Pliny,  thus 
continues  :  '  The  Urus  of  the  Hercynian  forest,  de- 
scribed by  Caesar,  was  of  this  kind,  the  same  which 
is  called  by  the  modern  Germans  Aurochs,  i.  e.,  Bos 
sylvestris.''  This  opinion  is  not  correct.  Though 
there  are  parts  of  Caesar's  description  applicable  to 
the  European  Bison,  there  is  one  striking  character- 
istic which  forbids  us  to  conclude  that  Caesar's  Urus 
was  identical  with  it.  A  glance  at  the  European  Bi- 
son will  convince  us  that  it  could  never  have  afforded 
the  horns  whose  amplitude  Caesar  celebrates.  In 
the  Archceologia  (vol.  hi.,  p.  15)  it  is  stated,  that  the 
Borstal  horn  is  supposed  to  have  belonged  to  the 
bison  or  buffalo.  That  it  might  have  belonged  to  a 
buffalo  is  not  impossible  ;  but  that  it  did  not  belong 
to  a  bison  is  sufficiently  clear,  from  the  following  de- 
scription :  *  It  is  two  feet  four  inches  long  on  the 
convex  bend,  and  twenty  three  inches  on  the  con- 
cave. The  inside  at  the  large  end  is  three  inches 
diameter,  being  perforated  there  so  as  to  leave  the 
thickness  of  only  half  an  inch  for  about  three  inches 
deep  ;  but  farther  on  it  is  thicker,  being  not  so  much 

1.  (Ad  At*.,  xvi ,  4,  HO— 2.  (Bell.  Alex.,  c.  47.)— 3.  (Lucan, 
▼iti.,  562  ;  x.,  56.)— 4.  (Od.,  iii.,  xxix.,  62.— Scheffer,  De  Mili- 
ti*  Navali,  ii.,  c  2,  p.  68.)— 5.  (Schol.  in  Juv.,  viii.,  145. — 
S^hol  in  Pers.,  i.,  54.) — 6.  (Papias,  &c,  ap.  Adelung,  Glossar. 
Mar.dtlf ,  vol.  i..  p.  220,  693.)— 7.  (Claudian,  Epigr.,  37.)— 8. 
(Snip.  S*?v.,  Dial.,  14.) — 9.  (Claudian,  1.  c. — "  pretiosum :"  Au- 
ffusr.i;).,  Serni.)— 10.  (Vopisc,  Car.,  c.  20.) 
160 


or  so  neatly  perforated.'  Such  a  horn  imght  indeea 
have  crowned  the  head  of  Caesar's  Urus,  a  species 
which  Cuvier  believes  to  be  extinct.  Caesar's  Urus, 
then,  was  not,  as  it  would  appear,  the  European  Bi- 
son. There  can  be  little  doubt  that  the  Bison  ju- 
batus  of  Pliny,1  which  he  seems  to  distinguish  from 
the  Urus,  was  the  European  Bison,  or  Aurochs ;  and 
though,  in  the  fifteenth  chapter  of  the  eighth  book, 
he  mentions  the  tradition  of  a  wild  beast  in  Paeonia, 
called  a  Bonasus,  after  he  has  dismissed  his  Bi- 
sontes jubati,  and  with  every  appearance  of  a  con 
elusion  on  his  part  that  the  Bonasus  and  Bison 
were  not  identical,  his  own  description,  when  com- 
pared with  that  of  Aristotle,3  will  leave  little  doubt 
that  the  Bison  jubatus  and  Bonasus  of  Pliny  and 
others,  the  Bovaaaoc  or  Bovaaoc  of  Aristotle  (for  the 
word  is  written  both  ways),  and  the  Bioruv  of  Op- 
pian,  were  no  other  than  the  European  Bison,  the 
Aurochs  (Auerochs)  of  the  Prussians,  the  Zubr  of 
the  Poles,  the  Taurus  Pceonius,  &c,  of  Jonston  and 
others,  V Aurochs  and  le  Bonasus  of  Buffon,  Bos 
Urus  of  Boddaert,  and  Bos  Bonasus  of  Linnaeus.  Cu- 
vier considers  it  as  certain,  that  the  European  Bi- 
son, the  largest,  or,  at  least,  the  most  massive  of  all 
existing  quadrupeds  after  the  rhinoceros,  an  animal 
still  to  be  found  in  some  of  the  Lithuanian  forests, 
and  perhaps  in  those  of  Moldavia,  Wallachia,  and 
the  neighbourhood  of  the  Caucasus,  is  a  distinct 
species,  which  man  has  never  subdued.  Following 
out  this  subject  with  his  usual  industry  and  ability, 
that  great  naturalist  goes  on  to  state,  that  if  Europe 
possessed  a  Urus,  a  Thur  of  the  Poles,  different 
from  the  Bison  or  the  Aurochs  of  the  Germans,  it  is 
only  in  its  remains  that  the  species  can  be  traced  ; 
such  remains  are  found,  in  the  skulls  of  a  species  of 
ox,  different  from  the  Aurochs,  in  the  superficial 
beds  of  certain  districts.  This,  Cuvier  thinks,  must 
be  the  Urus  of  the  ancients,  the  original  of  our  do- 
mestic Ox ;  the  stock,  perhaps,  whence  our  wild  cat- 
tle descended  ;  while  the  Aurochs  of  the  present  day 
is  nothing  more  than  the  Bison  or  Bonasus  of  the 
ancients,  a  species  which  has  never  been  brought 
under  the  yoke. — The  elevated  ridge  of  the  spine 
on  the  shoulders,  long  legs,  a  woolly  fur,  and  the 
residence  in  mountain  forests,  cause  the  Bison  to 
approach  nearer  the  Damaline  and  Catoblepine  gen- 
era than  the  Buffaloes."3  For  some  remarks  on 
the  knowledge  possessed  by  the  ancients  of  the  lat- 
ter, consult  article  Bubalis. 

BISSEXTUM.     (Vid.  Calendar,  Roman.) 
BISSEXTUS,  or  BISSEXTILIS  ANNUS.    ( Vtd. 
Calendar,  Roman.) 

*BIT'UMEN,  a  Latin  word  used  by  Tacitus, 
Pliny,  and  other  Roman  writers,  to  indicate  a  spe- 
cies of  mineral  pitch  or  oil.  The  term  appears  to 
have  some  analogy  with  the  Greek  irioaa,  niTTa, 
"  pitch,"  its  earlier  form  having  probably  been  "  pit- 
umen.n  The  corresponding  Greek  word  is  uofyalroc 
(in  modern  Latin  asphaltum),  for  which  no  satisfac- 
tory derivation  has  been  assigned.  The  most  ap- 
proved kind  of  Bitumen  was  the  Jewish,  from  Lake 
Asphaltites  (Dead  Sea) ;  but  Bitumen  in  various 
states,  from  that  of  fluid  transparent  naphtha,  to 
that  of  dry,  solid,  black  asphaltum,  was  well  known 
and  much  used  among  the  ancients.  They  appear 
to  have  employed  both  Maltha  and  melted  Asphal- 
tum as  a  cement  in  the  construction  of  buildings, 
&c.  Thus  the  bricks  of  which  the  walls  of  Baby- 
lon were  constructed  were  cemented  by  a  bitumen, 
which  was  found  abundantly  in  that  vicinity  on 
springs,  or  floating  on  the  river  Is,  which  fell  into 
the  Euphrates.  Asphaltum  or  Maltha,  either  pure 
or  mixed  with  a  liquid  extracted  from  the  cedar 
was  employed  by  the  Egyptians  in  embalming  dead 

1.  (H.  N.,  viii.,  15  ;  xxviii.,  10.)— 2.  (H.  A..,  ii.,  2.)— 3.  (Pen- 
ny Cyclopaed.,  iv.,  p.  461.) 


BLATTA. 


BCEOTARCH. 


bodies.1  In  Syria,  Asphaltum  was  dug  from  quar- 
ries in  a  solid  state  *  In  Zante  (the  ancient  Zacyn- 
tiius)  tlere  is  a  pitch  spring,  which  we  know  to 
have  been  at  work  for  above  2000  years.3  At  Ag- 
ngentum,  in  Sicily,  a  species  of  liquid  bitumen  was 
burned  i*  lamps  as  a  substitute  for  oil.*  The  prin- 
cipal ing  idient  in  the  celebrated  Greek  fire  is  sup- 
posed by  Klaproth  to  have  been  some  variety  of 
Asphalturn. — Bitumen  is  now  employed  as  a  generic 
term,  comprehending  several  inflammable  bodies  of 
different  degrees  of  consistency,  namely,  Naphtha, 
Petroleum,  Mineral  Tar,  Mineral  Pitch,  and  Asphal- 
tum. From  the  description  of  ua^aXrog  given  by 
Dioscorides,  it  would  appear  that  he  applied  the 
term  not  only  to  the  Bitumen  solidum,  or  Asphaltum, 
of  Wallerus,  but  likewise  to  the  more  liquid  sorts  of 
bitumen.5 

BAABH2  AIKH  (/?Aa%  6Urj).  This  action  was 
available  in  all  cases  in  which  one  person  had  sus- 
tained a  loss  by  the  conduct  of  another  ;  and  from 
the  instances  that  are  extant,  it  seems  that  wheth- 
er the  injury  originated  in  a  fault  of  omiss'on  or 
commission,  or  impaired  the  actual  fortune  cf  the 
plaintiff  or  his  prospective  advantage,  the  action 
would  lie,  and  might  be  maintained,  against  the  de- 
fendant. It  is,  of  course,  impossible  to  enumerate 
ill  the  particular  cases  upon  which  it  would  arise, 
out  the  two  great  classes  into  which  (3Xd6ac  may  be 
divided  are  the  hdeapoi  and  the  adeopoi.  The  first 
of  these  will  include  all  causes  arising  from  the  non- 
fulfilment  of  a  contract  to  which  a  penal  bond  was 
annexed,  and  those  in  which  the  law  specified  the 
penalty  to  be  paid  by  the  defendant  upon  conviction ; 
the  second,  all  injuries  of  property  which  the  law 
did  not  specify  nominatim,  but  generally  directed  to 
he  punished  by  a  fine  equal  to  twice  the  estimated 
damage  if  the  offence  was  intentional,  if  otherwise 
by  a  bare  compensation.6  Besides  the  general 
tford  j3M6nc,  others  more  specific,  as  to  the  nature 
of  the  case,  are  frequently  added  to  the  names  of 
actions  of  this  kind,  as  avdpaTrodtov,  rerpaKoduv,  //£- 
TaXkiKr},  and  the  like.  The  declaration  of  the  plain- 
tiff seems  always  to  have  begun  with  the  words 
'E6Xave  fxe,  then  came  the  name  of  the  defendant, 
and  next  a  description  of  the  injury,  as  ovk  tnrodt- 
dovc  kfiol  to  dpyvpiov  in  Demosthenes.7  The  prop- 
er court  was  determined  by  the  subject  of  litiga- 
tion ;  and  when  we  consider  that  the  damage  done 
by  Philocleon  to  the  cake-woman's  basket,8  and 
supposititious  testimony  given  in  the  name  of  anoth- 
er, thereby  rendering  such  person  liable  to  an  ac- 
tion, ipevdopapTvpicJv,9  were  equally  j3Xu6ai  at  Attic 
law,  the  variety  of  the  actions,  and,  consequently, 
of  the  jurisdictions  under  which  they  fell,  will  be  a 
sufficient  excuse  for  the  absence  of  farther  specifi- 
cation upon  this  point. 

*BLATTA  (aiXtin),  a  name  given  by  the  Latin 
writers  to  an  insect  of  the  family  of  the  Orthoptera, 
and  of  which  they  were  acquainted  with  several 
kinds.  From  their  shunning  the  light,  Virgil10  has 
given  them  the  epithet  of  hucxfuga.  Our  cockroach 
belongs  to  the  Blattae,  being  the  Blatta  Americana. 
Pliny'1  mentions  several  medical  applications  of 
Blattas,  after  having  been  either  triturated  or  boiled 
in  oil.  They  were  found  serviceable  in  complaints 
of  the  ear,  in  cases  of  leprosy,  and  in  removing 
warts.  Schneider  supposes  the  oiX<j>n  of  Lucia n  to 
belong  to  the  class  Lepisma,  L.  The  ollty-n  of  Di- 
oscorides would  seem  to  be  the  Blatta  Orientalist2 


1.  (Cleaveland's  Mineralogy,  vol.  ii.,  p.  491.)  — 2.  (Vitmv., 
viii.,  3-S.)— 3.  (Herod.,  iv.,  195.)— 4.  (Dioscor.,  i.,  99.)— 5.  (Ad- 
ams, Append.,  s.  v.  aa<pa\ros.)—  6.  (Meier,  Att.  Process,  p.  188, 
»eqq. ;  475,  seqq.  —  Demosth.,  c.  Mid.,  523.)  —7.  (Pro  Phorm., 
D50,  21.)  —8.  (Aristoph.,  Vesp.)— 9.  (Demosth.,  c.  Aphob.,  iii., 
849  20.)— 10.  (Georg.,  iv.,243.)— 11.  (xxii.,  39.)— 12.  (Dioscor., 
M.  M.  ii.,  38.— Lucian,  adv.  Indoct.,  18.— Adams,  Apixmd.,  s.  v. 


♦BLENNUS  {p-kewoc),  called  by  Pliny  Blenmua, 
the  Blenny  or  Butterfly-fish  {Blennius  ocularis,  L.}1 
It  is  about  seven  inches  long,  and  has  a  slimy  mu- 
cus smeared  over  the  skin,  to  which  it  owes  its 
name,  from  the  Greek  filevva,  "  mucus,"  "  slime." 
Athenaeus  says  it  resembles  the  Gudgeon.  Several 
of  the  Blenny  kind  are  viviparous.1 

*BLETON,  BLITON,  or  BLITION  ((SXri-ov,  (3Xi- 
tov,  pXirtov),  the  herb  Blite  or  Blites,  a  kind  of  beet. 
Stackhouse  and  Dierbach  agree  with  the  older  com- 
mentators, that  it  is  the  Amaranthus  Blitum ;  and 
Sprengel  inclines  to  this  opinion  in  his  notes  to  Di- 
oscorides, although  in  his  History  of  Medicine  he 
had  set  it  down  as  the  Blitum  capdatum*  The  in- 
sipidity of  the  Blitum  gave  rise  to  an  adage  directed 
against  the  feeble  in  intellect,  or  the  tame  and  spir- 
itless in  disposition. 

*BOA.     (Vid.  Draco.) 

BOEDROM'IA  (Bondpofica,  rj  and  rd):  a  festival 
celebrated  at  Athens  on  the  seventh  day  of  the 
month  of  Boedromion,  in  honour  of  Apollo  Boedro- 
mius.3  The  name  Boedromius,  by  which  Apollo 
was  called  in  Bceotia  and  many  other  parts  of 
Greece,4  seems  to  indicate  that  by  this  festival  he 
was  honoured  as  a  martial  god,  who,  either  by  his 
actual  presence  or  by  his  oracles,  afforded  assist- 
ance in  the  dangers  of  war.  The  origin  of  the  fes- 
tival is,  however,  traced  by  different  authors  to  dif- 
ferent events  in  Grecian  story.  Plutarch5  says  that 
Theseus,  in  his  war  against  the  Amazons,  did  not 
give  battle  till  after  he  had  offered  a  sacrifice  to 
Phobos ;  and  that,  in  commemoration  of  the  suc- 
cessful battle  which  took  place  in  the  month  of  Bo- 
edromion, the  Athenians,  down  to  his  own  time, 
continued  to  celebrate  the  festival  of  the  Boedromia. 
According  to  Suidas,  the  Etymol.  Magn.,  and  Eurip- 
ides,6 the  festival  derived  its  name  and  origin  from 
the  circumstance  that  when,  in  the  reign  of  Erech- 
theus,  the  Athenians  were  attacked  by  Eumolpus, 
Xuthus  or  (according  to  Philochorus  in  Harpocra- 
tion,  s.  v.)  his  son  Ion  came  to  their  assistance,  and 
procured  them  the  victory.  Respecting  the  partic- 
ulars of  this  festival,  nothing  is  known  except  that 
sacrifices  were  offered  to  Artemis. 

BOEDROMION.     (Vid.  Calendar,  Greek.) 

BOETHE'TICE.     {Vid.  Medicina.) 

BCEOTARCH  (Boiordpxvc  or  Boturupxoc).  The 
Boeotians  in  ancient  times  occupied  Arne  in  Thes- 
saly.7  Sixty  years  after  the  taking  of  Troy  they 
were  expelled  by  the  Thessalians,  and  settled  in 
the  country  then  called  Cadme'fs,  but  afterward  Boe- 
otia.  This  country,  during  their  occupation  of  it, 
was  divided  into  several  states,  containing  each  a 
principal  city,  with  its  frvreleic  or  gvp/iopoL  (inhab- 
itants of  the  same  fiolpa  or  district)  living  around  it. 
Of  these  greater  states,  with  dependant  territories, 
there  seem  to  have  been  in  former  times  fourteen, 
a  number  which  frequently  occurs  in  Boeotian  le 
gends.8  The  names  are  differently  given  by  differ- 
ent writers  on  the  subject ;  we  know,  however,  for 
certain,  that  they  formed  a  conspiracy  called  the 
Boeotian  league,  with  Thebes  at  its  head,  the  de- 
pendancies  of  which  city  formed  about  a  third  part 
of  the  whole  of  Bceotia.  These  dependant  towns 
or  districts  were  not  immediately  connected  with 
the  national  confederacy,  but  with  the  neighbour- 
ing chief  city,  as  Cynoscephalae  was  with  Thebes. 
In  fact,  they  were  obliged  to  furnish  troops  and 
money,  to  make  up  the  contingent  furnished  by  the 
state  to  which  they  belonged,  to  the  general  con- 
federacy.9   Of  the  independent  states,  Thucydides1* 

1.  (Pliny,  H.  N.,  xxxii.,  9.  —  Athenaeus,  vii.,  c.  83.  —  Cuvier, 
An.  King  ,  vol.  ii.,  p.  173.)  — 2.  (Theophrast.,  H.  P.,  vii.,  1.— 
Dioscor.,  -i.,  143.) — 3.  (Miiller,  Dorians,  ii.,  8,  <)  5.) — 4.  (Paus., 
ii.,  17,  v  1  —  Callim.,  Hymn.  Apoll.,  69.)— 5  (Thes.,  27.)  —  6. 
(Ion.,  59.)  —7.  (Thucyd.,  i.,  12.)  — 8.  (Paus.,  ix.,  3,  $  4.)  —  9 
(Arnold,  Thucyd.,  iv.,  76.)— 10.  (iv.,  93.) 

161 


BCEOTARCH. 


BOLBOI. 


mentions  seven  by  name  ;  and  gives  us  reasons  for 
concluding  that,  in  the  time  of  the  Peloponnesian 
war,  they  were  ten  or  twelve  in  number,  Thebes 
being  the  chief.  Plataea  had  withdrawn  from  them, 
and  placed  itself  under  the  protection  of  Athens  as 
early  as  B.C.  519 ;  and  in  B.C.  374,  Thespiae,  an- 
other member  of  the  league,  was  destroyed  by  the 
Thebans.1 

Each  of  the  principal  towns  of  Boeotia  seems  to 
have  had  its  dfjfiog  and  (3ov2,t/.2  The  (Bovlrj  was 
presided  over  by  an  archon,  who  probably  had  suc- 
ceeded to  the  priestly  functions  of  the  old  kings, 
but  possessed  little,  if  any,  executive  authority. 
The  polemarchs,  who,  in  treaties  and  agreements, 
arc  mentioned  next  to  the  archon,  had  some  exec- 
utive authority,  but  did  not  command  forces ;  e.  g., 
they  could  imprison,3  and  they  directed  the  levies 
of  troops.  But,  besides  the  archon  of  each  separate 
state,  there  was  an  archon  of  the  confederacy — 
ilpx^v  kv  kolvu)  Bocutuv,  most  probably  always  a 
Theban.*  His  name  was  affixed  to  all  alliances 
and  compacts  which  concerned  the  whole  confed- 
eracy, and  he  was  president  of  what  Thucydides6 
calls  the  four  councils,  who  directed  the  affairs  of 
the  league  (unav  to  Kvpoq  exovgi).  On  important 
questions  they  seem  to  have  been  united ;  for  the 
same  author  speaks  of  them  as  #  fiovlfi,  and  in- 
forms us  that  the  determinations  of  the  Bceotarchs 
required  the  ratification  of  this  body  before  they 
were  valid.  We  will  now  explain  who  these  Bceo- 
tarchs were.  They  were  properly  the  military  heads 
of  the  confederacy,  chosen  by  the  different  states  ; 
but  we  also  find  them  discharging  the  functions  of 
an  executive  in  various  matters.  In  fact,  they  are 
represented  by  Thucydides6  as  forming  an  alliance 
with  foreign  states ;  as  receiving  ambassadors  on 
their  return  home ;  as  negotiating  with  envoys  from 
other  countries ;  and  acting  as  the  representatives 
of  the  whole  league,  though  the  ^ovl-f]  refused  to 
sanction  the  measures  they  had  resolved  on  in  the 
particular  case  to  which  we  are  now  alluding.  An- 
other instance  in  which  the  Bceotarchs  appear  as 
executive  is  their  interference  with  Agesilaus,  on 
his  embarking  from  Aulis  for  Asia  (B.C.  396),  when 
they  prevented  him  offering  sacrifice  as  he  wish- 
ed.7 Still  the  principal  duty  of  the  Bceotarchs  was 
of  a  military  nature :  thus  they  led  into  the  field  the 
troops  of  their  respective  states ;  and  when  at 
home,  they  took  whatever  measures  were  requisite 
to  forward  the  military  operations  of  the  league  or 
of  their  own  state  :  for  example,  we  read  of  one  of 
the  Theban  Bceotarchs  ordering  the  Thebans  to 
come  in  arms  to  the  ecclesia  for  the  purpose  of 
being  ready  to  attack  Plataea.8  Each  state  of  the 
confederacy  elected  one  Bceotarch,  the  Thebans 
two  ;9  although  on  one  occasion,  i.  e.,  after  the  re- 
turn of  the  exiles  with  Pelopidas  (B.C.  379),  we  read 
of  there  being  three  at  Thebes.10  The  total  number 
from  the  whole  confederacy  varied  with  the  number 
of  the  independent  states.  Mention  is  made  of  the 
Bceotarchs  by  Thucydides,11  in  connexion  with  the 
battle  of  Delium  (B.C.  424).  There  is,  however,  a 
difference  of  opinion  with  respect  to  his  meaning  : 
some  understand  him  to  speak  of  eleven,  some  of 
twelve,  and  others  of  thirteen  Bceotarchs.  Dr.  Ar- 
nold is  disposed  to  adopt  the  last  number ;  and  we 
think  the  context  is  in  favour  of  the  opinion  that 
there  were  then  thirteen  Bceotarchs,  so  that  the 
number  of  free  states  was  twelve.  At  the  time  of 
the  battle  of  Leuctra  (B.C.  371),  we  find  seven  Bce- 


1  (Clinton,  F.  II.,  pt.  ii.,  p.  396.  —  Thucyd.,  iii.,  55.)  — 2. 
(Xen.,  Hell.,  v.,  2,  t>  29.— Bockh,  Corp.  Inscr.)— 3.  (Xen.,Hell., 
I.e.)— 4.  (Bcickh,  Inscr.,  1593.)  —  5.  (v.,  38.)— 6.  (v.,  38.)— 7. 
(Plut.,  Ages.,  6.— Xen.,  Hell.,  iii.,  4,  $  4.)  —  8.  (Paus.,  ix.,  1,  t) 
S.)~9.  (Thucyd.,  ii.,  2;  iv.,  91  ;  vii.,  30.— Diod.  Sic,  xv.,  51.) 
—10.  (riut.,  PeHp.,  13.)— 11.  (iv..  91.) 
162 


otarchs  mentioned;1  on  another  tccasion,  when 
Greece  was  invaded  by  the  Gauls  (B.C.  279),  we 
read  of  four.  Livy3  states  that  there  were  twelve  • 
but,  before  the  time  (B.C.  171)  to  which  his  state- 
ment refers,  Plataea  had  been  reunited  to  the  league. 
Still  the  number  mentioned  in  any  case  is  no  test 
of  the  actual  number,  inasmuch  as  we  are  not  sure 
that  all  the  Bceotarchs  were  sent  out  by  their  re- 
spective states  on  every  expedition  or  to  every 
battle. 

The  Bceotarchs,  when  engaged  in  military  ser- 
vice,  formed  a  council  of  war,  the  decisions  of  which 
were  determined  on  by  a  majority  of  votes,  the  pres* 
ident  being  one  of  the  two  Theban  Bceotarchs  who 
commanded  alternately.3  Their  period  of  service 
was  a  year,  beginning  about  the  winter  solstice  ; 
and  whoever  continued  in  office  longer  than  his 
time,  was  punishable  with  death  both  at  Thebes 
and  in  other  cities.*  Epaminondas  and  Pelopidas 
did  so  on  their  invasion  of  Laconia  (B.C.  369),  but 
their  eminent  services  saved  them  ;  in  fact,  the 
judges  did  not  even  come  to  a  vote  respecting  the 
former  (ovde  apxyv  nepl  avrov  -&eadai  rfjv  tpfj^ov*). 
At  the  expiration  of  the  year,  a  Bceotarch  was  eligi- 
ble to  office  a  second  time,  and  Pelopidas  was  re- 
peatedly chosen.6  From  the  case  of  Epaminondas 
and  Pelopidas,  who  were  brought  before  Theban 
judges  (dtKaarai)  for  transgression  of  the  law  which 
limited  the  time  of  office,  we  may  conclude  that 
each  Bceotarch  was  responsible  to  his  own  state 
alone,  and  not  to  the  general  body  of  the  four  coun- 
cils. 

Mention  is  made  of  an  election  of  Bceotarchs  by 
Livy.7  He  farther  informs  us  that  the  league  (con- 
cilium) was  broken  up  by  the  Romans  B.C.  171.8 
Still  it  must  have  been  partially  revived,  as  we  are 
told  of  a  second  breaking  up  by  the  Romans  after 
the  destruction  of  Corinth,  B.C.  146.9 

*BOCA  or  BOCE  {$£**,  Aristot. :  /&i£  Opjian  • 
/3o6i}j,  Athenaeus),  a  small  fish  not  exceeding  a  palm 
in  length  ;  but,  according  to  Willoughby,  its  flesh  is 
wholesome  and  pleasant.  Oppian  makes  mention 
of  two  species.  Rondelet  conjectures  that  the  sec- 
ond was  a  species  of  Mana,  meaning,  as  Adams 
supposes,  the  Sparus  Mana. 

*BOITOS  ((3oitoc),  a  species  of  fish,  mentioned 
by  Aristotle.10  It  is  supposed  to  be  the  Cottus  Go- 
bio,  the  Bull-head,  or  Miller's  thumb.  According  to 
Artedi,  an  old  MS.  in  the  Vatican  reads  koItoc.11 

*BOLBOI  (j3o!6oi),  a  general  name  for  bulbous 
roots.12  With  regard  to  the  (3oMbc  kdudijuoc,  Adams 
remarks  as  follows  in  his  Commentary  on  Paul  of 
^Egina  :  "  It  is  not  well  ascertained  what  the  escu- 
lent bulbi  of  the  ancients  were.  Hardouin  conjec- 
tures that  they  were  a  delicious  kind  of  onions. 
Matthiolus  and  Nonnius  are  wholly  undecided. 
Sprengel  inclines,  with  Dalechamp  and  Sibthorp,  in 
thinking  that  they  were  a  species  of  Muscari,  or 
Musk  Hyacinth.  The  account  of  them  given  by 
Serapion,  who  calls  them  '  Cepa  sine  tunicis,'  agrees 
better  with  the  conjecture  of  Hardouin.  Eustathius 
also  says  that  the  Bulbus  was  a  wild  onion."13  The 
(3ol6dg  kfiETiKoc.  is  referred  by  Matthiolus  to  the 
Muscari  Moschatum ;  by  Dodonaeus  to  the  Narcissus 
Jonquilla ;  by  Lonicer  to  the  Scilla  bifolia ;  by  Sib- 
thorp to  the  Ornithogalum  slychyo'ides  ;  and  by  Cam- 
erarius  to  the  Narcissus  poeticus.  Sprengel  rather 
inclines  to  the  opinion  of  Dodonaeus.  Dierbach 
holds  the  (3ol66c  of  Hippocrates  to  be  the  Hyc  un- 

1.  (Diod.  Sic,  xv.,  52,  53.— Paus.,  ix.,  13,  $  3.)— 2.  (xlii.,43.) 
—3.  (Thucyd.,  iv.,  91.— Diod.  Sic,  xv.,  51.)— 4.  (Plut.,  Pelop., 
24.— Paus.,  ix.,  14,  t>  3.)— 5.  (Paus.,  1.  c.)— 6.  (P'ut.,  Pelop  )- 
7.  (xxxiii.,  27  ;  xlii.,  44.)— 8.  (Compare  Polyb.,  xxviii.,  2,  <>  10  : 
to  Boiwrwv  eOvos  KaTeXvdr).)— 9.  (Paus.,  vii.,  10,  t>  0.)— 10.  (11. 
A.,  iv.,  8.) — 11.  (Adams,  Append.,  s.  v.) — 12.  (Theophrast.,  11 
P.,  i.,  69  ;  vii.,  13  ;  viii.,  8.— Dioscor.,  ii.,  200,  201.)— 73  'ad  II 
xxi.,  1. — Comment,  in  Paul.  Mg'm  ,  p.  9ft  ) 


BONA. 


BONA. 


thus  eomosus.  Stackhouse  hesitates  between  a 
species  of  Gallic  and  one  of  Squills.  The  truth 
of  the  matter  would  appear  to  be,  that,  as  various 
bulbous  roots  are  possessed  of  emetic  powers,  the 
term  was  applied  in  a  loose  manner  by  the  ancients. 
Dioscorides  and  most  of  the  medical  authorities 
state  that  the  esculent  Bulbus  is  aphrodisiacal.1 

BOMBYI/IUS  (Po/i6vfaoc),  a  drinking-vessel  with 
a  very  narrow  mouth,  whence  it  is  called  cvarofiog 
or  oTevocTOfioc*  The  name  is  supposed  to  have 
been  formed  from  the  noise  which  water  or  any 
liquid  makes  in  passing  through  a  narrow  opening 
(fio/i6ovv  kv  riij  Troaet3). 

*BOMBYLTUS  ((3o/i6v2,ioc),  a  species  of  insect, 
of  the  order  Diptera,  distinguished  chiefly  by  hav- 
ing a  long  proboscis,  with  which  they  sip  the  sweets 
from  flowers.  In  their  flight  they  emit  a  humming 
sound,  whence  their  name,  from  j3ou6t(j,  "to  hum." 
Aristotle  would  appear  to  have  been  well  acquaint- 
ed with  the  three  species  which  modern  naturalists 
have  named  Bombylius  major,  B.  minor,  and  B.  medi- 
us.  These,  however,  must  not  be  confounded  with 
the  Bombyx  mori,  or  Silkworm. 

BOMBYX.     (Vid.  Serica.) 

BO'MOS.     (Vid.  Ara.)- 

BONA.  The  word  bona  is  sometimes  used  to 
express  the  whole  of  a  man's  property  ;*  and  in  the 
phrases  bonorum  emtio,  cessio,  possessio,  ususfruc- 
tus,  the  word  "bona"  is  equivalent  to  property.  It 
expresses  all  that  a  man  has,  whether  as  owner  or 
merely  as  possessor,  and  everything  to  which  he 
has  any  right.  But  the  word  bona  is  simply  the 
property  as  an  object ;  it  does  not  express  the  na- 
ture of  the  relation  between  it  and  the  person  who 
has  the  ownership  or  the  enjoyment  of  it,  any  more 
than  the  words  "  all  that  I  have,"  "  all  that  I  am 
worth,"  "  all  my  property,"  in  English  show  the  le- 
gal relation  of  a  man  to  that  which  he  thus  de- 
scribes. It  is  of  some  importance  to  understand 
the  nature  of  the  legal  expression  in  bonis,  as  oppo- 
sed to  dominium,  or  Quiritarian  ownership,  and  the 
nature  of  the  distinction  will  be  easily  apprehended 
by  any  person  who  is  slightly  conversant  with  Eng- 
lish law. 

"  There  is,"  says  Gaius,5  "  among  foreigners 
(peregrini)  only  one  kind  of  ownership  {dominium), 
so  that  a  man  is  either  the  owner  of  a  thing  or  he 
is  not.  And  this  was  formerly  the  case  among  the 
Roman  people ;  for  a  man  was  either  owner  ex  jure 
Quiritium,  or  he  was  not.  But  afterward  the  own- 
ership was  split,  so  that  now  one  man  may  be  the 
owner  (dominus)  of  a  thing  ex  jure  Quiritium,  and 
yet  another  may  have  it  in  bonis.  For  instance,  if, 
in  the  case  of  a  res  mancipi,  I  do  not  transfer  it  to 
you  by  mancipatio,  nor  by  the  form  in  jure  cessio, 
but  merely  deliver  it  to  you,  the  thing,  indeed,  be- 
comes your  thing  (in  bonis),  but  it  will  remain  mine 
ex  jure  Quiritium,  until  by  possession  you  have  it 
by  usucapion.  For  when  the  usucapion  is  once 
complete,  from  that  time  it  begins  to  be  yours  abso- 
lutely (pleno  jure),  that  is,  it  is  yours  both  in  bonis, 
and  also  yours  ex  jure  Quiritium,  just  as  if  it  had 
been  mancipated  to  you,  or  transferred  to  you  by 
the  in  iure  cessio."  In  this  passage  Gaius  refers 
to  the  three  modes  of  acquiring  property  which  were 
the  peculiar  rights  or  privileges  of  Roman  citizens, 
mancipatio,  in  jure  cessio,  and  usucapion,  which  are 
also  particularly  enumerated  by  him  in  another  pas- 
sage.* 

From  this  passage  it  appears  that  the  ownership 
of  certain  kinds  of  things  among  the  Romans,  called 
res  mancipi  (vid.  Mancipium),  could  only  be  trans- 

I.  (Adams,  Append.,  s.  t.)— 2.  (Pollux,  Onom.,  x.,  68.)— 3. 
(Pollux,  vi.,  98.  —  Hesych.,  s.  v.— Vid.  Casaub.  in  Athen.,  p. 
456,  784.)— 4.  (Paulus,  Recept.  Sentent.,  v.,  6, 16.— Dig.  37,  tit. 
\  s.  3  ;  50,  tit.  16,  s.  49.)— 5.  (ii.,  40.)— 6.  (ii.,  65.) 


ferred  from  one  person  to  another  with  certain  for- 
malities, or  acquired  by  usucapion.  But  if  it  waa 
clearly  the  intention  of  the  owner  to  transfer  the 
ownership,  and  the  necessarj  forms  only  were 
wanting,  the  purchaser  had  the  thing  in  bonis,  and 
he  had  the  enjoyment  of  it,  though  the  original 
owner  was  still  legally  the  owner,  notwithstanding 
he  had  parted  with  the  thing. 

It  thus  appears  that  Quiritarian  ownership  of  res 
mancipi  originally  and  properly  signified  that  own- 
ership of  a  thing  which  the  Roman  law  recognised 
as  such  ;  it  did  not  express  a  compound,  but  a  sim- 
ple notion,  which  was  that  of  absolute  ownership. 
But  when  it  was  once  established  that  one  man 
might  have  the  Quiritarian  ownership,  and  another 
the  enjoyment,  and  the  sole  right  to  the  enjoyment 
of  the  same  thing,  the  complete  notion  of  Quiritarian 
ownership  became  a  notion  compounded  of  the  strict 
legal  notion  of  ownership,  and  that  of  the  right  to 
enjoy,  as  united  in  the  same  person.  And  as  a 
man  might  have  both  the  Quiritarian  ownership  and 
the  right  to  the  enjoyment  of  a  thing,  so  one  might 
have  the  Quiritarian  ownership  only,  and  another 
might  have  the  enjoyment  of  it  only.  This  bare 
ownership  was  sometimes  expressed  by  the  same 
terms  (ex  jure  Quiritium)  as  the  ownership  which 
was  complete,  but  sometimes  it  was  appropriately 
called  nudum  jus  Quiritium,1  and  yet  the  person 
who  had  such  bare  right  was  still  called  dominus, 
and  by  this  term  he  is  contrasted  with  the  usufruc- 
tuarius  and  the  bonce  fidei  possessor. 

The  historical  origin  of  this  notion,  of  the  separa- 
tion of  the  ownership  from  the  right  to  enjoy  a  thing, 
is  not  known,  but  it  may  be  easily  conjectured. 
When  nothing  was  wanting  to  the  transfer  of  own- 
ership  but  a  compliance  with  the  strict  legal  form, 
we  can  easily  conceive  that  the  Roman  jurists 
would  soon  get  over  this  difficulty.  The  strictness 
of  the  old  legal  institutions  of  Rome  was  gradually 
relaxed  to  meet  the  wants  of  the  people,  and  in  the 
instance  already  mentioned,  the  jurisdiction  of  the 
praetor  supplied  the  defects  of  the  law.  Thus,  that 
interest  which  a  man  had  acquired  in  a  thing,  and 
which  only  wanted  certain  forms  to  make  it  Quiri- 
tarian ownership,  was  protected  by  the  praetor. 
The  praetor  could  not  give  Quiritarian  ownership, 
but  he  could  protect  a  man  in  the  enjoyment  of  a 
thing — he  could  maintain  his  possession  :  and  this 
is  precisely  what  the  praetor  did  with  respect  to 
those  who  were  possessors  of  public  land;  they 
had  no  ownership,  but  only  a  possession,  in  which 
they  were  protected  by  the  praetor's  interdict.  ( Vid. 
Agrari^e  Leges.) 

That  which  was  in  bonis,  then,  was  that  kind  of 
interest  or  ownership  which  was  protected  by  the 
praetor,  which  interest  may  be  called  bonitarian  or 
beneficial  ownership,  as  opposed  to  Quiritarian  or 
bare  legal  ownership.  It  does  not  appear  that  the 
word  dominium  is  ever  applied  to  such  bonitarian 
ownership,  except  it  may  be  in  one  passage  of  Gai 
us,2  the  explanation  of  which  is  not  free  from  diffi- 
culty. 

That  interest  called  in  bonis,  which  arose  from  a 
bare  tradition  of  a  res  mancipi,  was  protected  by  the 
exceptio  and  the  actio  utilis  in  rem.3  Possessio  is 
the  general  name  of  the  interest  which  was  thus 
protected.  The  person  who  had  a  thing  in  bonis  and 
ex  justa  causa,  was  also  entitled  to  the  actio  Pub- 
liciana  in  case  he  lost  the  possession  of  the  thing 
before  he  had  gained  the  ownership  by  usucapion.* 

The  phrases  bonorum  possessio,  bonorum  pos- 
sessor, might  then  apply  to  him  who  has  had  a  reft 
mancipi  transferred  to  him  by  tradition  only ;  but 
the  phrase  applies  also  to  other  cases,  in  which  the 

I.  (Gaius,  iii.,  100.)— 2.  (i.,  54.)— 3.  (Dig.  41,  tit.  1,  s.  52.)- 
4.  (Gaius,  iv.,  36.) 

163 


BONA  CADUCA 


BONA  RAPTA. 


praetor,  by  the  help  of  fi  ^tions,  gave  to  persons  the 
beneficial  interest  to  whom  he  could  not  give  the 
ownership.  When  the  preetor  gave  the  goods  of 
the  debtor  to  the  creditor,  the  creditor  was  said  in 
possessionem  rerum,  or  bonorum  debitoris  mitti.1  ( Vid. 
Bonorum  Emtio,  Bonorum  Possessio.) 

As  to  things  nee  mancipi,  the  ownership  might 
be  transferred  by  bare  tradition  or  delivery,  and 
«uch  ownership  was  Quiritarian,  inasmuch  as  the 
Roman  law  required  no  special  form  to  be  observed 
in  the  transfer  of  the  ownership  of  res  nee  mancipi. 
Such  transfer  was  made  according  to  the  jus  gen- 
tium (in  the  Roman  sense  of  that  term).8 

On  this  subject  the  reader  may  consult  a  long  es- 
say by  Zimmern,  Ueber  das  Wesen  des  sogenannten 
bonitarischen  Eigenthums.3 

BONA  CADU'CA.  Caducum  literally  signifies 
that  which  falls :  thus  glans  caduca,  according  to 
Gaius,*  is  the  mast  which  falls  from  a  tree.  Cadu- 
cum, in  its  general  sense,  might  be  anything  with- 
out an  owner,  or  what  the  person  entitled  to  neg- 
lected to  take  ;8  but  the  strict  legal  sense  of  cadu- 
cum and  bona  caduca  is  that  stated  by  Ulpian,6 
which  is  as  follows  : 

If  a  thing  is  left  by  testament  to  a  person  who 
has  then  a  capacity  to  take  it  by  the  jus  civile,  but 
from  some  cause  does  not  take  it,  that  thing  is 
called  caducum :  for  instance,  if  a  legacy  was  left 
to  an  unmarried  person,  or  a  Latinus  Junianus,  and 
the  unmarried  person  did  not,  within  a  hundred  days, 
obey  the  law  by  marrying,  or  if,  within  the  same 
time,  the  Latinus  did  not  obtain  the  Jus  Quiritium, 
the  legacy  was  caducum.  Or  if  a  heres  ex  parte,  or 
a  legatee,  died  after  the  death  of  the  testator,  and 
before  the  opening  of  the  will,  the  thing  was  cadu- 
cum. The  thing  which  failed  to  come  to  a  person 
in  consequence  of  something  happening  in  the  life 
of  the  testator,  was  said  to  be  in  causa  caduci ;  that 
which  failed  of  taking  effect  between  the  death  of 
the  testator  and  the  opening  of  the  will,  was  called 
simply  caducum. 

The  law  above  alluded  to  is  the  Lex  Julia  et  Pa- 
pia  Poppaea,  which  is  sometimes  simply  called  Julia, 
or  Papia  Poppaea.  This  law,  which  was  passed  in 
the  time  of  Augustus  (B.C.  9),  had  the  double  ob- 
ject of  encouraging  marriages  and  enriching  the 
treasury — ararium,1  and  contained,  with  reference 
to  these  two  objects,  a  great  number  of  provisions. 
Martial8  alludes  to  a  person  who  married  in  order 
to  comply  with  the  law. 

That  which  was  caducum,  came,  in  the  first 
place,  to  those  among  the  heredes  who  had  chil- 
dren ;  and  if  the  heredes  had  no  children,  it  came 
among  those  of  the  legatees  who  had  children. 
The  law  gave  the  jus  accrescendi,  that  is,  the  right 
to  the  caducum  as  far  as  the  third  degree  of  con- 
sanguinity, both  ascending  and  descending,9  to  those 
who  were  made  heredes  by  the  will.  Under  the 
provisions  of  the  law,  the  caducum,  in  case  there 
was  no  prior  claimant,  belonged  to  the  aerarium ;  or, 
as  Ulpian10  expresses  it,  if  no  one  was  entitled  to  the 
bonorum  possessio,  or  if  a  person  was  entitled,  but 
did  not  assert  his  right,  the  bona  became  public 
property  (populo  deferuntur),  according  to  the  Lex 
Julia  caducaria  ;  but  by  a  constitution  of  the  Em- 
peror Antoninus  Caracalla,  it  was  appropriated  to 
the  fiscus  :  the  jus  accrescendi  above  mentioned 
was,  however,  still  retained.  The  lawyers,  how- 
ever (viri  prudentissimi),  by  various  devices,  such 
as  substitutions,  often  succeeded  in  making  the  law 
of  no  effect. 


1.  (Dig-.  42,  tit.  5,  s.  14,  <fec)— 2.  (Gaius,  ii.,  26, 41, 20.— Ulp., 
Frag.,  i.,  16.) — 3.  (Rheinisch  Museum,  fur  Junspr.,  iii.,  3.)— 4. 
(Dig.  50,  tit.  16,  s  30.)— 5.  (Cic,  Orat.,iii.,  31.— Phil.,  x.,  5.)— 
6  (Frag.,  xvii.)— 7.  (Tacit.,  Ann.,  iii.,  25.)— 8.  (Ep.,  v.,  75.)— 
0  (Ulp.,  Frag.,  iviii.)— 10.  (xxviii.,  7.) 
164 


He  who  took  the  portion  of  a  heres,  which  be- 
came caducum,  took  it  by  universal  succession :  in 
the  case  of  a  legacy,  the  caducum  was  a  singular 
succession.  But  he  who  took  an  hereditas  caduca 
took  it  with  the  bequests  of  freedom,  of  legacies, 
and  fidei  commissa  with  which  it  was  burdened :  if 
the  legata  and  fidei  commissa  became  caduca,  all 
charges  with  which  they  were  burdened  became 
caduca  also.  In  the  time  of  Constantine,  both  the 
ccelebs  and  the  orbus,  or  childless  person  (who  was 
under  a  limited  incapacity),  obtained  the  full  legal 
capacity  of  taking  the  inheritance.1  Justinian8  put 
an  end  to  the  caducum,  with  all  its  legal  consequen- 
ces. In  this  last-mentioned  title  {De  Caducis  tollen- 
dis)  it  is  stated  both  that  the  name  and  the  thing 
(nomen  et  materia  caducorum)  had  their  origin  in  the 
civil  wars,  that  many  provisions  of  the  law  were 
evaded,  and  many  had  become  obsolete.3  As  to 
the  Dos  Caduca,  see  DOS. 

BONA  FIDES.  This  term  frequently  occurs  in 
the  Latin  writers,  and  particularly  in  the  Roman 
jurists.  It  can  only  be  defined  with  reference  to 
things  opposed  to  it,  namely,  mala  fides,  and  dolus 
malus,  both  of  which  terms,  and  especially  the  lat- 
ter, are  frequently  used  in. a  technical  sense.  (Vid. 
Dolus  Malus.) 

Generally  speaking,  bona  fides  implies  the  absence 
of  all  fraud,  and  unfair  dealing  or  acting.  In  this 
sense,  bona  fides,  that  is,  the  absence  of  all  fraud, 
whether  the  fraud  consists  in  simulation  or  dissim- 
ulation, is  a  necessary  ingredient  in  all  contracts. 

Bona  fide  possidere  applies  to  him  who  has  acqui- 
red the  possession  of  a  thing  under  a  good  title,  as 
he  supposes.  He  who  possessed  a  thing  bona  fide, 
had  a  capacity  of  acquiring  the  ownership  by  usuca- 
pion, and  had  the  protection  of  the  actio  Publiciana. 
Thus  a  person  who  received  a  thing  either  mancipi 
or  nee  mancipi,  not  from  the  owner,  but  from  a  per- 
son whom  he  believed  to  be  the  owner,  could  ac- 
quire the  ownership  by  usucapion.*  A  thing  which 
was  furtivia  or  vi  possessa,  or  the  rts  mancipi  of  a 
female  who  was  in  the  tutela  of  her  agnati,  unless 
it  was  delivered  by  her  under  the  auctoritas  of  her 
tutor,  was  not  subject  to  usucapion,  and  therefore, 
in  these  cases,  the  presence  or  absence  of  bona  fides 
was  immaterial.5  A  person  who  bought  from  a  pu- 
pillus  without  the  auctoritas  of  his  tutor,  or  with  the 
auctoritas  of  a  person  whom  he  knew  not  to  be  the 
tutor,  did  not  purchase  bona  fide;  that  is,  he  was 
guilty  of  a  legal  fraud.  A  sole  tutor  could  not  pur- 
chase a  thing  bona  fide  from  his  pupillus  ;  and  if  he 
purchased  it  from  another,  to  whom  a  non  bona  fide 
sale  had  been  made,  the  transaction  was  null.6 

A  bona  fide  possessor  was  also  protected  as  to 
property  acquired  for  him  by  another  person.7 

In  various  actions  arising  <»ut  of  mutual  dealings, 
such  as  buying  and  selling,  lending  and  hiring,  part- 
nership, and  others,  bona  fides  is  equivalent  to 
saquum  and  justum  ;  and  such  actions  were  some- 
times called  bonae  fidei  actiones.  The  formula  of 
the  praetor,  which  was  the  authority  of  the  judex, 
empowered  him  in  such  cases  to  inquire  and  deter- 
mine ex  bona  fide,  that  is,  according  to  the  real  mer- 
its of  the  case.8 

BONA  RAPTA.  The  actio  vi  bonorum  raptorum 
was  granted  by  the  praetor  against  those  who  had 
by  force  carried  off  a  man's  property.  The  offence 
was,  in  fact,  a  species  of  furtum.  If  the  person  in- 
jured brought  his  action  within  one  year  after  the 


1.  (Cod.  viii.,  58.)— 2.  (Cod.  vi.,  51.)— 3.  (Gaius,  ii.,  207  ;  iii., 
144,  286. — Lipsius,  Excurs.  ad  Tacit.,  Ann.,  iii.,  25. — Marezoll, 
Lehrbuch  der  Institut.  des  Rom.  Reehts.)— 4.  (Gaius,  ii.,  43.— 
Ulp.,  Frag.,  xix.,  s.  8.)— 5.  (Gaius.  i.,  192;  ii.,  45,  &c— Cic 
ad  Att.,  i.,  5.— Pro  Flacco,  c.  34.;— 6.  (Dig.  26,  tit.  8.)— 7.  (Sa 
vigny,  Das  Recht  des  Besitzes,  p.  314,  drc.) — 8.  (Gaius,  iv.,  62 
—  Cic,  Off.,  iii.,  17. — Topic,  c.  IT.  —  Brissonius,  De  Fonnuli* 
&c,  lib.  v.) 


BONURUM  CESSIO. 


BONORUM  POSSESSIO. 


time  when  he  was  first  able  to  bring  his  action,  he 

right  recover  fourfold ;  if  after  the  year,  he  only 
ecovered  the  value  of  the  goods.  If  a  slave  was 
the  olfender,  .he  owner  of  the  goods  had  a  noxalis 
actio  against  the  master.1 

BONA  VACANTIA  was  originally  the  property 
which  a  person  left  at  his  death  without  having  dis- 
posed of  it  by  will,  and  without  leaving  any  heres. 
Such  property  was  open  to  occupancy,  and  so  long 
as  the  strict  laws  of  inheritance  existed,  such  an 
event  must  not  have  been  uncommon.  A  remedy 
was,  however,  found  for  this  by  the  bonorum  pos- 
sessio  of  the  praetor. 

It  does  not  appear  that  the  state  originally  claim- 
ed the  property  of  a  person  who  died  intestate  and 
without  heredes  legitimi.  The  claim  of  the  state  to 
such  property  seems  to  have  been  first  established 
by  the  Lex  Julia  et  Papia  Poppaea.  (Vid.  Bona 
Caduca.)  The  state,  that  is,  in  the  first  instance 
the  aerarium,  and  afterward  the  fiscus,  did  not  take 
such  property  as  heres,  but  it  took  it  per  universita- 
tem.  In  the  later  periods  of  the  Empire,  in  the  case 
of  a  soldier  dying  without  heredes,  the  legion  to 
which  he  belonged  had  a  claim  before  the  fiscus  ; 
and  various  corporate  bodies  had  a  like  preference 
in  the  case  of  a  member  of  the  corporation  dying 
without  heredes.3 

BONO'RUM  CESS'IO.  There  were  two  kinds 
of  bonorum  cessio,  in  jure  and  extra  jus.  The  in 
jure  cessio  is  treated  under  its  proper  head. 

The  bonorum  cessio  extra  jus  was  introduced  by  a 
Julian  law,  passed  either  in  the  time  of  Julius  Cae- 
sar or  Augustus,  which  allowed  an  insolvent  debtor 
to  give  up  his  property  to  his  creditors.  The  debt- 
or might  declare  his  willingness  to  give  up  his  prop- 
erty by  letter  or  by  a  verbal  message.  The  debtor 
thus  avoided  the  infamia  consequent  on  the  bono- 
rum emtio,  which  was  involuntary,  and  he  was  free 
from  all  personal  execution.  He  was  also  allowed 
to  retain  a  small  portion  of  his  property  for  his  sup- 
port. An  old  gloss  describes  the  bonorum  cessio 
thus  :  "  Cedere  bonis  est  ab  universitate  rerum  sua- 
rum  reccdereV 

The  property  thus  given  up  was  sold,  and  the 
proceeds  distributed  among  the  creditors.  The 
purchaser,  of  course,  did  not  obtain  the  Quiritarian 
ownership  of  the  property  by  the  act  of  purchase. 
If  the  debtor  subsequently  acquired  property,  this 
also  was  liable  to  the  payment  of  his  old  debts,  with 
some  limitations,  if  they  were  not  already  fully  sat- 
isfied. 

The  benefit  of  the  lex  Julia  was  extended  by  the 
imperial  constitutions  to  the  provinces. 

The  history  of  the  bonorum  cessio  does  not  seem 
quite  clear.  The  Julian  law,  however,  was  not  the 
oldest  enactment  which  relieved  the  person  of  the 
debtor  from  being  taken  in  execution.  The  lex 
Pcetelia  Papiria  (B.C.  327)  exempted  the  person  of 
the  debtor  (nisi  qui  noxam  rncruisset),  and  only  made 
his  property  (bona)  liable  for  his  debts.  It  does  not 
appear  from  the  passage  in  Livy3  whether  this  was 
a  bonorum  cessio  in  the  sense  of  the  bonorum  ces- 
sio of  the  Julian  law,  or  only  a  bonorum  emtio  with 
the  privilege  of  freedom  from  arrest.  The  Tablet 
of  Heraclea*  speaks  of  those  qui  in  jure  bonam  copi- 
am  jurabant ;  a  phrase  which  appears  to  be  equiva- 
lent to  the  bonorum  cessio,  and  was  a  declaration 
on  oath  in  jure,  that  is,  before  the  praetor,  by  the 
debtor  that  his  property  was  sufficient  to  pay  his 
debts.  Buv  this  was  still  accompanied  with  infa- 
mia. So  far  as  we  can  learn  from  Livy,  no  such 
declaration  of  solvency  was  required  from  the  debt- 
or by  the  Poetelia  lex.     The  Julian  law  rendered 


1.  (Gaius,  iii.,  209.— Di^.  47,  tit.  8.)— 2.  (Marezoll,  Lehrbuch 
rfer  Institut.  des  Rom.  Rechts.)  —  3.  (viii.,  28  *  —  4.  (Mazocchi, 
p.  423.) 


the  process  of  the  cessio  bonorum  more  simple,  bj 
making  it  a  procedure  extra  jus,  and  giving  farther 
privileges  to  the  insolvent.  Like  several  other  Ju- 
lian laws,  it  appears  to  have  consolidated  and  ex- 
tended the  provisions  of  previous  enactments.1 

BONO'RUM  COLLATIO.  By  the  strict  rules 
of  the  civil  law,  an  emancipated  son  had  no  right  to 
the  inheritance  of  his  father,  whether  ho  died  tes- 
tate or  intestate.  But,  in  course  of  time,  the  prae- 
tor granted  to  emancipated  children  the  privilege  of 
equal  succession  with  those  who  remained  in  the 
power  of  the  father  at  the  time  of  his  death  ;  and 
this  grant  might  be  either  contra  tabulas  or  ab  intes- 
ato.  But  this  favour  was  granted  to  emancipated 
.hildren  only  on  condition  that  they  should  bring 
nto  one  common  stock  with  their  father's  property, 
and  for  the  purpose  of  an  equal  division  among  aV 
the  father's  children,  whatever  property  they  had  at 
the  time  of  the  father's  death,  and  which  would 
have  been  acquired  for  the  father  in  case  they  had 
still  remained  in  his  power.  This  was  called  bo- 
norum collatio.  It  resembles  the  old  English  hotch- 
pot, upon  the  principle  of  which  is  framed  the  pro- 
vision in  the  statute  22  and  23  Charles  II.,  c.  10,  s 
5,  as  to  the  distribution  of  an  intestate's  estate.3 

BONO'RUM  EM'TIO  ET  EMTOR.  The  ex 
pression  bonorum  emtio  applies  to  a  sale  of  the 
property  either  of  a  living  or  of  a  dead  person.  It 
was  in  effect,  as  to  a  living  debtor,  an  execution. 
In  the  case  of  a  living  person,  his  goods  were  liable 
to  be  sold  if  he  concealed  himself  for  the  purpose  of 
defrauding  his  creditors,  and  was  not  defended  in 
his  absence  ;  or  if  he  made  a  bonorum  cessio  ac- 
cording to  the  Julian  law ;  or  if  he  did  not  pay  any 
sum  of  money  which  he  wras  by  judicial  sentence 
ordered  to  pay,  within  the  time  fixed  by  the  laws 
of  the  Twelve  Tables3  or  by  the  praetor's  edict.  In 
the  case  of  a  dead  person,  his  property  was  sold 
when  it  was  ascertained  that  there  was  neither  he- 
res nor  bonorum  possessor,  nor  any  other  person 
entitled  to  succeed  to  it.  In  this  case  the  property 
belonged  to  the  slate  after  the  passing  of  the  Lex 
Julia  et  Papia  Poppaea.  If  a  person  died  in  debt, 
the  praetor  ordered  a  sale  of  his  property  on  the  ap- 
plication of  the  creditors.*  In  the  case  of  the  prop- 
erty of  a  living  person  being  sold,  the  praetor,  on  the 
application  of  the  creditors,  ordered  it  to  be  possess- 
ed (possideri)  by  the  creditors  for  thirty  successive 
days,  and  notice  to  be  given  of  the  sale.  The  cred- 
itors were  said  in  possessionem  rerum  debitoris  mitti : 
sometimes  a  single  creditor  obtained  the  possessio. 
When  several  creditors  obtained  the  possessio,  it 
was  usual  to  intrust  the  management  of  the  busi- 
ness to  one  of  those  who  was  chosen  by  a  majority 
of  the  creditors.  The  creditors  then  met  and  chose 
a  magister,  that  is,  a  person  to  sell  the  property,5  or 
a  curator  bonorum  if  no  immediate  sale  was  intend- 
ed. The  purchaser,  emtor,  obtained  by  the  sale  only 
the  bonorum  possessio  :  the  property  was  his  in  bo- 
nis until  he  acquired  the  Quiritarian  ownership  by 
usucapion.  The  foundation  of  this  rule  seems  to 
be,  that  the  consent  of  the  owner  wras  considered 
necessary  in  order  to  transfer  the  ownership.  Both 
the  bonorum  possessores  and  the  emtores  had  no 
legal  rights  (directce  actiones)  against  the  debtors  of 
the  person  whose  property  was  possessed  or  pur- 
chased, nor  could  they  be  legally  sued  by  them ;  but 
the  praetor  allowed  utiles  actiones  both  in  their  fa 
vour  and  against  them.6 

BONO'RUM  POSSES'SIO  is  defined  by  UlpianT 
to  be  "  the  right  of  suing  for  or  retaining  a  patrimo- 

1.  (Gaius,  iii.,  28.  — Dig.  42.  tit.  3.  -  Cod.  vii.,  tit.  71.)  —  2. 
(Dig.  36,  tit.  6.— Cod.  vi.,  tit.  20.)— 3.  (Aul.  Gell.,  xv.,  13  ;  xx., 
1.)— 4.  (Gaius.  ii.,  154,  107.)— 5.  (Cic,  ad  Att.,  i.,  9  ;  vj.,  1.— 
Pro  Quincto.,  c.  15.)— 6.  (Gaius,  iii..  77  :  v .  35,  65,  and  111  — 
■■•      ■**  tit  4,  5.)— 7.  (Dig.  37,  tit.  1,  9  3  ) 

lfi"i 


BONORUM  POSSESSIO. 


.auS. 


ny  or  thing  which  belonged  to  another  at  the  time 
of  his  death."  The  strict  laws  of  the  Twelve  Ta- 
Dles  as  to  inheritance  were  gradually  relaxed  by 
ihe  praetor's  edict,  and  a  new  kind  of  succession  was 
introduced,  by  which  a  person  might  have  a  bono- 
rum  possessio  who  could  have  no  hereditas  or  legal 
inheritance. 

The  bonorum  possessio  was  given  by  the  edict 
both  contra  tabulas,  secundum  tabulas,  and  intestati. 

An  emancipated  son  had  no  legal  claim  on  the 
inheritance  of  his  father ;  but  if  he  was  omitted  in 
his  father's  will,  or  not  expressly  exheredated,  the 
praetor's  edict  gave  him  the  bonorum  possessio  con- 
tra tabulas,  on  condition  that  he  would  bring  into 
hotchpot  {bonorum  collatio)  with  his  brethren  who 
continued  in  the  parent's  power,  whatever  property 
he  had  at  the  time  of  the  parent's  death.  The  bo- 
norum possessio  was  given  both  to  children  of  the 
blood  (naturales)  and  to  adopted  children,  provided 
the  former  were  not  adopted  into  any  other  family, 
and  the  latter  were  in  the  adoptive  parent's  power 
at  the  time  of  his  death.  If  a  freedman  made  a 
will  without  leaving  his  patron  as  much  as  one  half 
of  his  property,  the  patron  obtained  the  bonorum 
possessio  of  one  half,  unless  the  freedman  appoint- 
ed a  son  of  his  own  blood  as  his  successor. 

The  bonorum  possessio  secundum  tabulas  was 
that  possession  which  the  praetor  gave,  conformably 
to  the  words  of  the  will,  to  those  named  in  it  as 
heredes,  when  there  was  no  person  entitled  to  make 
a  claim  against  the  will,  or  none  who  chose  to  make 
such  a  claim.  It  was  also  given  secundum  tabulas 
in  eases  where  all  the  requisite  legal  formalities  had 
r.ot  been  observed,  provided  there  were  seven  prop- 
er witnesses  to  the  will. 

In  the  case  of  intestacy  (intestati),  there  were 
seven  degrees  of  persons  who  might  claim  the  bo- 
norum possessio,  each  in  his  order,  upon  there  be- 
ing no  claim  of  a  prior  degree.  The  first  three 
classes  were  children,  legitimi  heredes  and  proximi 
cognati.  Emancipated  children  could  claim  as  well 
as  those  who  were  not  emancipated,  and  adoptive 
as  well  as  children  of  the  blood ;  but  not  children 
who  had  been  adopted  into  another  family.  If  a 
freedman  died  intestate,  leaving  only  a  wife  (in 
manu)  or  an  adoptive  son,  the  patron  was  entitled 
to  the  bonorum  possessio  of  one  half  of  his  property. 

The  bonorum  possessio  was  given  either  cum  re 
or  sine  re.  It  was  given  cum  re  when  the  person  to 
whom  it  was  given  thereby  obtained  the  property 
or  inheritance.  It  was  given  sine  re  when  another 
person  could  assert  his  claim  to  the  inheritance  by 
the  jus  civile :  as,  if  a  man  died  intestate,  leaving 
a  suus  heres,  the  grant  of  the  bonorum  possessio 
would  have  no  effect ;  for  the  heres  could  maintain 
;»is  legal  right  to  the  inheritance.  Or,  if  a  person 
who  was  named  heres  in  a  valid  will  was  satisfied 
with  his  title  according  to  the  jus  civile,  and  did 
not  choose  to  ask  for  the  bonorum  possessio  (which 
he  was  entitled  to  if  he  chose  to  have  it),  those 
who  would  have  been  heredes  in  case  of  an  intes- 
tacy might  claim  the  bonorum  possessio,  which, 
however,  would  be  unavailing  against  the  legal  title 
of  the  testamentary  heres,  and,  therefore,  sine  re. 

Parents  and  children  might  claim  the  bonorum 
possessio  within  a  year  from  the  time  of  their  being 
able  to  make  the  claim  ;  others  were  required  to 
make  the  claim  within  a  hundred  days.  On  the 
failure  of  such  party  to  make  his  claim  within  the 
proper  time,  the  right  to  claim  the  bonorum  pos- 
sessio devolved  on  those  next  in  order,  through  the 
seven  degrees  of  succession. 

He  who  received  the  bonorum  possessio  was  not 
thereby  made  heres,  but  he  was  placed  heredis  loco ; 
tor  the  praetor  could  not  make  a  heres.     The  prop- 
erty of  which  the  possession  was  thus  given  was 
166 


only  in  bonis,  until,  by  usucapion,  the  possession 
was  converted  into  Quiritarian  ownership  {domini- 
um). All  the  claims  and  obligations  of  the  deceased 
person  were  transferred  with  the  bonorum  possessio 
to  the  possessor  or  praetorian  heres  ;  and  he  was 
protected  in  his  possession  by  the  interdictum  quo  • 
rum  bonorum.  The  benefit  of  this  interdict  was 
limited  to  cases  of  bonorum  possessio,  and  this  was 
the  reason  why  a  person  who  could  claim  the  ii> 
heritance  in  case  of  intestacy  by  the  civil  law, 
sometimes  chose  to  ask  for  the  bonorum  possessio 
also.  The  praetorian  heres  could  only  sue  and  be 
sued  in  respect  of  the  property  by  a  legal  fiction. 
He  was  not  able  to  sustain  a  directa  actio ;  but,  in 
order  to  give  him  this  capacity,  he  was,  by  a  fiction 
of  law,  supposed  to  be  what  he  was  not,  heres ;  and 
he  was  said  ficto  se  herede  agere,  or  intended.  The 
actions  which  he  could  sustain  or  defend  were  acti- 
ones  utiles.1  A  good  general  view  of  the  bonorum 
possessio  is  given  by  Marezoll,  Lehrbuch  der  Jnsti 
tutionen  des  Rom.  Rechts,  §  174. 

*BONASSUS  ((36vac7Goc),  a  quadruped,  the  same 
with  the  Bison.     (Vid.  Bison.) 

*BOSCAS  ((3ocndc),  the  Wild  Duck,  Anas  Boscas, 
L.     (Vid.  Anas.) 

♦BOSTRYCHI'TES  (iSoarpvxirvc),  a  stone  re- 
sembling a  lock  of  female  hair.2  It  is  supposed  to 
have  been  amianthus.3 

*BOS  ((3ovg),  a  generic  term,  applied  to  several 
varieties  of  the  ox  and  cow,  namely,  of  the  Bos 
Taurus,  L.  "  The  immense  advantages  derived 
from  the  domesticated  ox  in  the  beginning  of  human 
civilization,"  observes  Lieut.  Col.  Smith,  "  may  be 
gathered  from  the  conspicuous  part  its  name  and 
attributes  perform  in  the  early  history  of  mankind. 
We  find  the  Bull  among  the  signs  of  the  Zodiac ; 
it  typifies  the  sun  in  more  than  one  system  of 
mythology  ;  it  was  personally  worshipped  among 
the  Egyptians,  and  is  still  venerated  in  India.  The 
Cow  is  repeatedly  a  mystical  type  of  the  earth  in 
the  mystical  systems  of  ancient  Greece,  or  a  form 
of  Bhavani  with  the  Hindus.  The  Vedas  con- 
sider it  the  primordial  animal,  the  first  created  by 
the  three  kinds  of  gods  who  were  directed  by  the 
Supreme  Lord  to  furnish  the  earth  with  animated 
beings.  The  Ox  first  enabling  man  to  till  the  ground, 
was  a  direct  cause  of  private  territorial  property, 
and  of  its  consequences,  wealth,  commerce,  leisure, 
and  learning ;  he  was  no  less  the  means  of  ab- 
stracting mankind  from  the  necessity  of  shedding 
blood,  and  thus  he  became  the  emblem  of  justice, 
the  vehicle  of  Siva.  This  merited  consideration 
we  see  dexterously  used  by  ancient  legislators,  to 
soften  the  brutality  of  human  manners,  either  by 
forbidding  the  flesh  as  food  in  those  countries  where 
his  acknowledged  utility  was  counteracted  by  ob- 
stacles in  the  increase,  or  by  commanding  the  fre- 
quent use  of  sacrifices  by  a  proper  slaughter,  and 
where  fire  and  salt  should  be  employed  to  check  a 
horrid  species  of  massacre  and  practice  of  devour- 
ing the  flesh  in  a  raw  state. — The  words  Thur,  Tur, 
Toor,  Tier,  Deer,  Stier,  Steer,  in  the  northern  dialects 
of  Europe,  in  their  early  and  in  their  latest  accep- 
tations, are  direct  names  of  well-known  ruminants ; 
but  in  proportion  as  we  pursue  the  root  towards  its 
origin  in  Central  Asia,  Ave  find  that  the  parent  Ian' 
guage  of  the  Gothic  and  Sclavonian,  as  well  as 
those  of  the  Hellenic  and  other  tongues,  unite  in 
fixing  it  upon  a  larger  bovine  animal,  perfectly  ap- 
plicable to  that  known  in  Caesar's  Commentaries 
by  the  name  of  Urus,  implying,  as  some  think, 
primaeval,  ancient,  sylvan,  fierce,  mysterious ;  still 
retained  in  the  Teutonic  ur  and  its  numerous  ad- 


1.  (Gains,  iii.,  25-38  ;  iv.,  34— Ulp.,  Fragm.,  tit.  28,  29.-- 
Dig.  37,  tit.  4,  s.  19 ;  tit.  11.— Dig.  38,  tit.  6.)— 2.  (Plin  ,  H  N. 
xxxvii.,  10.)— 3.  (Moore's  Anc.  Mineral.,  p.  182.) 


BOS  MARINUS. 


BOUAI. 


Juncts.  We  here  find  the  root  of  the  denomination 
of  several  regions  in  which  the  parent  race  of  the 
Tauri,  or  the  Urus,  has  existed  or  still  resides. 
Thus,  Turan,  of  Eastern  Persia ;  Turan,  south  of 
the  Caucasus  ;  the  present  Turcomania  ;  the  Thur- 
gaw ;  the  Canton  of  Uri ;  the  Thuringian  forest ; 
the  Tauric  Chersonese ;  the  Tauri,  a  Sarmatian 
tribe ;  the.  Taurini,  inhabiting  Italy,  near  the  present 
Turin,  &c.  In  most  of  these  countries  the  gigan- 
tic Urus  has  left  his  remains,  or  the  more  recent 
Urus  has  been  known  to  herd.  The  appellations 
ex  and  cow  also  afford  matter  for  speculation :  the 
former  has  been  regarded  by  some  as  a  title  of 
power,  and  they  connect  it  with  the  proper  name 
Ochus  in  ancient  Persia  (Ochi  or  Achi),  equivalent 
to  '  dignns,'  or  '  ma j estate  digitus.'  Okous,  'a 
bull,'  is  a  common  name  among  the  Curds  and 
other  Caucasian  tribes ;  while,  on  the  other  hand, 
the  appellations  (3ovc,  bos,  the  Arabic  bakr,  as  also 
Koe,  Kuhe,  Cow,  Gaw,  and  Ghai,  are  all  evidently 
from  a  common  root  descriptive  of  the  voice  of 
cattle. — It  has  been  conjectured  that  the  original 
domestication  of  the  common  Ox  (Bos  Taurus) 
took  place  in  Western  Asia,  and  was  performed  by 
the  Caucasian  nations,  who  thereby  effected  a  lead- 
ing cause  of  that  civilization  which  their  descendants 
carried  westward  and  to  the  southeast,  where  the 
genuine  Taurine  races,  not  multiplying  or  yielding 
equal  returns  to  human  industry  and  human  wants, 
have  caused  the  veneration  in  which  they  are  held, 
and  necessitated  the  prohibition  of  feeding  on  their 
flesh.  It  is  to  these  circumstances,  also,  that  we 
may  refer  the  domestication  of  the  Buffalo,  whose 
strength  and  habits  were  suited  to  supply  the  defi- 
ciencies of  the  Ox  ;  and  a  similar  effect  has  since 
operated  in  Egypt ;  for,  from  the  period  of  the  intro- 
duction of  the  Buffalo  into  that  country,  domestic 
cattle  are  not  only  fewer,  but  far  from  deserving  the 
commendations  bestowed  upon  them  by  the  an- 
cients."1 

"  The  character  of  domestic  oxen  is  absolutely 
the  same  as  the  fossil,  and  the  wild  breeds  differ 
only  in  the  flexures  of  the  hams  and  in  external 
appearance,  occasioned  by  the  variations  of  climate, 
food,  and  treatment.  The  hunched  races  of  Africa 
may  be  regarded  as  introduced  with  the  Arabian 
invasions  after  the  Hegira ;  for  in  the  numerous 
representations  of  Taurine  animals,  sacred  victims, 
or  in  scenes  of  tillage  upon  the  monuments  of  an- 
cient Egypt,  none  occur.  The  breeds  of  the  Kis- 
guise  and  Calmuc  Tartars,  those  of  Podolia  and 
the  Ukraine,  of  European  Turkey,  and  the  Roman 
States,  are  among  the  largest  known.  They  are 
nearly  all  distinguished  by  ample  horns  spreading 
sideways,  then  forward  and  upward,  with  dark 
points  :  their  colour  is  a  bluish  ash,  passing  to  black. 
That  in  the  Papal  dominions  is  not  found  repre- 
sented on  the  ancient  bas-reliefs  of  Rome,  but  was 
introduced  most  probably  by  the  Goths,  or  at  the 
same  time  with  the  Buffalo.  Italy  possesses  an- 
other race  presumed  to  have  existed  in  ancient 
times,  valued  for  its  fine  form  and  white  colour :  it 
is  not  so  large,  but  the  horns  are  similarly  devel- 
oped. Tuscany  produces  this  race,  and  droves  of 
them  have  been  transported  to  Cuba,  and  thence  to 
Jamaica.  Ancient  Egypt  nourished  a  large  white 
breed,  which,  however,  is  not  the  most  common 
upon  the  monuments  of  that  country,  where  the 
cattle  are  usually  represented  with  large,  irregular 
marks  of  black  or  brown  upon  a  white  ground.'" 

As  regards  the  origin  of  our  domestic  Ox  from 
the  Urus  of  antiquity,  consult  remarks  under  the 
Efrticles  Bisoy  and  Urus. 

*BOS  MARFNUS  (povc  $a?MTTioq),  a  species  of 

1.  (Griffith's  Cuvier,  vol.  iv.,  p.  411,  seqq.)— 2.  (Griffith's  Cu- 
rier.  vol  iv  ,  p.  419  ) 


large  fish,  the  Raia  Oxyrynchus,  L.,  called  in  English 
the  Sharp-nosed  Ray.  The  French  name  is  AUne, 
The  lei66aToc  of  Aristotle  is  a  variety  of  it. 

BOONAI  (Botivai)  were  persons  in  Athens  whe 
purchased  oxen  for  the  public  sacrifices  and  feasts. 
They  are  spoken  of  by  Demosthenes1  in  conjunction 
with  the  Upo7roLoi  and  those  who  presided  over  the 
mysteries,  and  are  ranked  by  Libanius3  with  the 
sitonae,  generals,  and  ambassadors.  Their  office  is 
spoken  of  as  honourable  by  Harpocration,3  but  Pol- 
lux* includes  them  among  the  inferior  offices,  or 
offices  of  service  (vTrrjpeoiai5). 

BOREASMOI  or  BOREASMOS  (Bopeaopoi  o> 
Bopeaafioc),  a  festival  celebrated  by  the  Athenians 
in  honour  of  Boreas,6  which,  as  Herodotus7  seems 
to  think,  was  instituted  during  the  Persian  war, 
when  the  Athenians,  being  commanded  by  an  oracle 
to  invoke  their  yauSpbg  e-nrtKovpoc,  prayed  to  Boreas. 
The  fleet  of  Xerxes  was  soon  afterward  destroyed 
by  a  north  wind,  near  Cape  Sepias,  and  the  grateful 
Athenians  erected  to  his  honour  a  temple  on  the 
banks  of  the  Ilissus.  But,  considering  that  Boreas 
was  intimately  connected  with  the  early  history  of 
Attica,  since  he  is  said  to  have  carried  off  and  mar- 
ried Oreithyia,  daughter  of  Erechtheus,9  and  that  he 
was  familiar  to  them  under  the  name  of  brother-in- 
law,  we  have  reason  to  suppose  that  even  previous 
to  the  Persian  wars  certain  honours  were  paid  to 
him,  which  were,  perhaps,  only  revived  and  increased 
after  the  event  recorded  by  Herodotus.  The  festi- 
val, however,  does  not  seem  ever  to  have  had  any 
great  celebrity,  for  Plato9  represents  Phaedrus  as 
unacquainted  even  with  the  site  of  the  Temple  of 
Boreas.  Particulars  of  this  festival  are  not  known, 
except  that  it  was  celebrated  with  banquets. 

Pausanias10  mentions  a  festival  celebrated  with 
annual  sacrifices  at  Megalopolis  in  honour  of  Bore- 
as, who  was  thought  to  have  been  their  deliverer 
from  the  Lacedaemonians.11 

^Elian13  says  that  the  Thurians  also  offered  an 
annual  sacrifice  to  Boreas,  because  he  had  destroyed 
the  fleet  with  which  Dionysius  of  Syracuse  attacked 
them  ;  and  adds  the  curious  remark,  that  a  decree 
was  made  which  bestowed  upon  him  the  right  of 
citizenship,  and  assigned  to  him  a  house  and  a  piece 
of  land.  This,  however,  is  perhaps  merely  another 
way  of  expressing  the  fact  that  the  Thurians  adopt- 
ed the  worship  of  Boreas,  and  dedicated  to  him  a 
temple,  with  a  piece  of  land. 

BOTANOMANTETA.     (Vid.  Divinatio.) 

BOTTJLUS  (a?iMc,  <j>vgktj),  a  sausage,  was  a  very 
favourite  food  among  the  Greeks  and  Romans.  The 
tomaculum  was  also  a  species  of  sausage,  but  not 
the  same  as  the  botulus,  for  Petronius13  speaks  of 
tomacula  cum  botulis.  The  sausages  of  the  ancients, 
like  our  own,  were  usually  made  of  pork,1*  and  were 
cooked  on  a  gridiron  or  frying-pan,  and  eaten  warm 
(fuerunt  et  tomacula  supra  craticulam  argenteam  fcr^ 
ventia1*).  They  were  sold  in  the  streets  and  in  the 
baths,  and  the  botularius  was  accustomed  to  cry 
out  his  sausage  for  sale.16 

Sausages  were  also  made  with  the  blood  of  ani- 
mals, like  our  black-puddings  ;17  and  Tertullian1*  in 
forms  us  that,  among  the  trials  to  which  the  hea- 
thens exposed  Christians,  one  was  to  offer  thera 
such  sausages  (botulos  cruore  distentos),  well  know- 
ing that  the  act  by  which  they  thus  tempted  them 
to  transgress  was  forbidden  by  the  Christian  laws.1' 

BOUAI.     (Vid.  Agele.) 

1.  (c.  Mid.,  p.  570.)— 2.  (Declam.,  viii.) — 3.  (s.  v.)— 4.  (Onom., 
viii.,  114.)— 5.  (Bockh,  Publ.  Econ.  of  Athens,  vol.  i.,  p.  289, 
transl.)— 6.  (Hesych.,  s.  v.)— 7.  (vii.,  189.)— 8.  (Herod.,  1.  c— 
Paus.,  i.,  19,  (f  6.)— 9.  (Phaedr.,  p.  229.)— 10.  (viii.,  36,  t>  4.)- 
11.  (Compare  JSlian,  Var.  Hist.,  xii.,  61.)— 12.  (1.  c.)— 13.  (c. 
49.)— 14.  (Juv.,  Sat.,  x.,  355.)— 15.  /Petron.,  c.  31.)— 16.  (Mai> 
tial,  I.,  xlii.,  9.— Sen.,  Ep.,  56.)— 17.  (Aristoph.,  Equit.,  208.— 
Tertull.,  Apol.,  9.)— 18.  (1.  c.)— 19.  (Becker,  Gallus,  i,  p.  244/ 

167 


BOULE. 


BOULE. 


BOYAH'  (//  tCjv  ■KevraKoaluv).  In  the  heroic 
ages,  represented  to  us  by  Homer,  the  fiovlrj  is 
simply  an  aristocratical  council  of  the  elders  among 
the  nobles,  sitting  under  their  king  as  president, 
who,  however,  did  not  possess  any  greater  authori- 
ty than  the  other  members,  except  what  that  posi- 
tion gave  him.  The  nobles,  thus  assembled,  deci- 
ded on  public  business  and  judicial  matters,  fre- 
quently in  connexion  with,  but  apparently  not  sub- 
ject to,  nor  of  necessity  controlled  by,  an  dyopu,  or 
meeting  of  the  freemen  of  the  state.1  This  form  of 
government,  though  it  existed  for  some  time  in  the 
Ionian,  iEolian,  and  Achaean  states,  was  at  last 
wholly  abolished.  Among  the  Dorians,  however, 
especially  with  the  Spartans,  this  was  not  the  case  ; 
ibr  it  is  well  known  that  they  retained  the  kingly 
power  of  the  Heracleidae,  in  conjunction  with  the 
yepovaia  (yid.  Gerousia),  or  assembly  of  elders,  of 
which  the  kings  were  members.  At  Athens,  on  the 
contrary,  the  fiovlf]  was  a  representative,  and  in 
most  respects  a  popular  body  (6t]/j.otik6v),  the  ori- 
gin, nature,  and  duties  of  which  we  proceed  to  de- 
scribe. 

Its  first  institution  is  generally  attributed  to  Solon. 
There  are,  however,  strong  reasons  for  supposing 
that,  as  in  the  case  of  the  areiopagus,  he  merely 
modified  the  constitution  of  a  body  which  he  found 
already  existing.  In  the  first  place,  it  is  improbable, 
and,  in  fact,  almost  inconsistent  with  the  existence 
of  any  government,  except  an  absolute  monarchy, 
to  suppose  that  there  was  no  such  council.  Be- 
sides this  Herodotus2  tells  us  that  in  the  time  of 
Cylon  (B.C.  620),  Athens  was  under  the  direction 
of  the  presidents  of  the  Naucraries  (vavKpaplac),  the 
number  of  which  was  forty-eight,  twelve  out  of 
each  of  the  four  tribes.  Moreover,  we  read  of  the 
case  of  the  Alcmaeonidse  being  referred  to  an  aristo- 
c.ratical  tribunal  of  300  persons,  and  that  Isagoras, 
ihe  leader  of  the  aristocratic  party  at  Athens,  en- 
deavoured to  suppress  the  council,  or  povlrj,  which 
Cleisthenes  had  raised  to  600  in  number,  and  to 
vest  the  government  in  the  hands  of  300  of  his  own 
party.3  This,  as  Mr.  Thirlwall*  remarks,  can  hard- 
ly have  been  a  chance  coincidence :  and  he  also 
suggests  that  there  may  have  been  two  councils, 
3ne  a  smaller  body,  like  the  Spartan  yepovaia,  and 
the  other  a  general  assembly  of  the  eupatrids  ;  thus 
corresponding,  one  to  the  senatus,  the  Giber  to  the 
comitia  curiata,  or  assembly  of  the  burghers  at 
Rome.  But,  be  this  as  it  may,  it  is  admitted  that 
Solon  made  the  number  of  his  jiovlrj  400,  taking  the 
members  from  the  first  three  classes,  100  from  each 
of  the  four  tribes.  On  the  tribes  being  remodelled 
by  Cleisthenes  (B.C.  510),  and  raised  to  ten  in  num- 
ber, the  council  also  was  increased  to  500,  fifty  be- 
ing taken  from  each  of  the  ten  tribes.  It  is  doubt- 
ful whether  the  (3ov?>.evTai,  or  councillors,  were  at 
first  appointed  by  lot,  as  they  were  afterward  ;  but 
as  it  is  stated  to  have  been  Solon's  wish  to  make 
the  (3ov?iy  a  restraint  upon  the  people,  and  as  he  is, 
moreover,  said  to  have  chosen  (eTrtTie^dfievog6)  100 
members  from  each  of  the  tribes,  it  seems  reasona- 
ble to  suppose  that  they  were  elected,  more  espe- 
cially when  there  is  no  evidence  to  the  contrary.6 
ft  is,  at  any  rate,  certain  that  an  election,  where  the 
eupatrids  might  have  used  influence,  would  have 
been  more  favourable  to  Solon's  views  than  an  ap- 
pointment by  lot.  But,  whatever  was  the  practice 
originally,  it  is  well  known  that  the  appointment 
was  in  after  times  made  by  lot,  as  is  indicated  by 
the  title  (ol  dird  tov  kvu/llov  (SovXevral),  suggested 
fey  the  use  of  beans  in  drawing  the  lots.7    The  in- 

1.  (II.,  ii.,  53,  143  ;  xviii.,  503.— Od.,  ii.,  239.)— 2.  (v.,  71.)— 
S.  (Herod.,  v.,  72.  — Plut.,  Sol.,  12.)— 4.  (Hist,  of  Greece,  ii., 
41.)— 5.  (Plut.,  Sol.,  19.)— 6    (Thirlwall's  Hist,  of  Greece,  ii., 
42.)'    ▼.  (Thucyd.,  viii..  G9.) 
168 


dividuals  thus  appointed  were  required  to  submit 
to  a  scrutiny,  or  doKijuaota,  in  which  they  gave  evi- 
dence of  being  genuine  citizens  (yvijoioi  e£  dfi<poiv)r 
of  never  having  lost  their  civic  rights  by  uri-Aa,  and 
also  of  being  under  30  years  of  age.  ( Vid.  Doki- 
masia.)  They  remained  in  office  for  a  year,  receiv- 
ing a  drachma  (fitadoc  (3ov2.evTiic6g)  for  each  day  on 
which  they  sat  :l  and  independent  of  the  general 
account,  or  evdvvai,  which  the  whole  body  had  to 
give  at  the  end  of  the  year,  any  single  member  was 
liable  to  expulsion  for  misconduct  by  his  col- 
leagues.3 

This  senate  of  500  was  divided  into  ten  sections 
of  fifty  each,  the  members  of  which  were  called 
prytanes  {rrpyravelc),  and  were  all  of  the  same  tribe ; 
they  acted  as  presidents  both  of  the  council  and  the 
assemblies  during  35  or  36  days,  as  the  case  might 
be,  so  as  to  complete  the  lunar  year  of  354  days 
(12x29£).  Each  tribe  exercised  these  functions  in 
turn,  and  the  period  of  office  was  called  a  prytany 
(TtpvTavela).  The  turn  of  each  tribe  was  determin- 
ed by  lot,  and  the  four  supernumerary  days  were 
given  to  the  tribes  which  came  last  in  order.3 
Moreover,  to  obviate  the  difficulty  of  having  too 
many  in  office  at  once,  every  fifty  was  subdivided 
into  five  bodies  of  ten  each  ;  its  prytany  also  being 
portioned  out  into  five  periods  of  seven  days  each  : 
so  that  only  ten  senators  presided  for  a  week  over 
the  rest,  and  were  thence  called  irpoefipoi.  Again, 
out  of  these  proedri  an  ETnardTtjg  was  chosen  foi 
every  day  in  the  week,  to  preside  as  a  chairman  in 
the  senate  and  the  assembly  of  the  people  ;  during 
his  day  of  office  he  kept  the  public  records  and 
seal.4 

The  prytanes  had  the  right  of  convening  the  coun- 
cil and  the  assembly  (eKK^ma).  The  duty  of  the 
proedri  and  their  president  was  to  propose  subjects 
for  discussion,  and  to  take  the  votes  both  of  the 
councillors  and  the  people  ;  for  neglect  of  their  duty 
they  were  liable  to  a  fine.5  Moreover,  whenever  a 
meeting,  either  of  the  council  or  the  assembly,  was 
convened,  the  chairman  of  the  proedri  selected  by 
lot  nine  others,  one  from  each  of  the  non-presiding 
tribes  :  these  also  were  called  proedri,  and  possess- 
ed a  chairman  of  their  own,  likewise  appointed  by 
lot  from  among  themselves.  On  their  functions, 
and  the  probable  object  of  their  appointment,  some 
remarks  are  made  in  the  latter  part  of  this  article. 

We  now  proceed  to  speak  of  the  duties  of  the 
senate  as  a  body.  It  is  observed  under  Areiopa- 
gus that  the  chief  object  of  Solon  in  forming  the 
senate  and  the  areiopagus  was  to  control  the  dem- 
ocratical  powers  of  the  state ;  for  this  purpose 
Solon  ordained  that  the  senate  should  discuss  and 
vote  upon  all  matters  before  they  were  submitted 
to  the  assembly,  so  that  nothing  could  be  laid  be- 
fore the  people  on  which  the  senate  had  not  come 
to  a  previous  decision.  This  decision  or  bill  was 
called  -n-podovXevfia,  and  if  the  assembly  had  been 
obliged  either  to  acquiesce  in  any  such  proposition, 
or  to  gain  the  consent  of  the  senate  to  their  modifi- 
cation of  it,  the  assembly  and  the  senate  would  then 
have  been  almost  equal  powers  in  the  state,  and 
nearly  related  to  each  other,  as  our  two  houses  of 
Parliament.  But,  besides  the  option  of  adopting  or 
rejecting  a  irpoSovXevfia,  or  iprjipiofia  as  it  was  some- 
times called,  the  people  possessed  and  exercised 
the  power  of  coming  to  a  decision  completely  dif- 
ferent from  the  will  of  the  senate,  as  expressed  in 
the  irpoCovlevfia.  Thus,  in  matters  relating  to  peace 
and  war,  and  confederacies,  it  was  the  duty  of  the 
senators  to  watch  over  the  interests  of  the  state, 


1.  (Bockh,  i.,  310,  transl.) — 2.  (Harpocr.,  s.  v.  'Etf^vXAo^opia. 
— JSsch.,  c.  Ctes.,  p.  56,  ed.  Bekk.)— 3.  (Clinton,  F.H.,vol.  h., 
p.  346.)— 4.  (Suid.— Harpocr.)— 5.  (Demosth.,  c.  Timocr.,  70»- 
707.i 


BOULE 


BUULE. 


and  thpy  could  initiate  whatever  measures,  and 
come  to  whatever  resolutions  they  might  think  ne- 
cessary ;  but  on  a  discussion  before  the  people  it 
was  competent  for  any  individual  to  move  a  differ- 
ent or  even  contrary  proposition.  To  take  an  ex- 
ample :  In  the  Euboean  war  (B.C.  350),  in  which 
the  Thebans  were  opposed  to  the  Athenians,  the 
senate  voted  that  all  the  cavalry  in  the  city  should 
be  sent  out  to  assist  the  forces  then  besieged  at  Ta- 
mynae  ;  a  irpo6oi>Xevfia  to  this  effect  was  proposed 
lo  the  people,  but  they  decided  that  the  cavalry  were 
not  wanted,  and  the  expedition  was  not  underta- 
ken. Other  instances  of  this  kind  occur  in  Xeno- 
phon.1 

In  addition  to  the  bills  which  it  was  the  duty  of 
the  senate  to  propose  of  their  own  accord,  there 
were  others  of  a  different  character,  viz.,  such  as 
any  private  individual  might  wish  to  have  submit- 
ted to  the  people.  To  accomplish  this,  it  was  first 
necessary  for  the  party  to  obtain,  by  petition,  the 
privilege  of  access  to  the  senate  (rrpooodovypdipao- 
dai),  and  leave  to  propose  his  motion  ;  and  if  the 
measure  met  with  their  approbation,  he  could  then 
submit  it  to  the  assembly.2  Proposals  of  this  kind, 
which  had  the  sanction  of  the  senate,  were  also 
called  7rpo6ov?iev/iaTa,  and  frequently  related  to  the 
conferring  of  some  particular  honour  or  privilege 
upon  an  individual.  Thus  the  proposal  of  Ctesi- 
phon  for  crowning  Demosthenes  is  so  styled,  as 
also  that  of  Aristocrates  for  conferring  extraordi- 
nary privileges  on  Charidemus,  an  Athenian  com- 
mander in  Thrace.  Any  measure  of  this  sort,  which 
was  thus  approved  of  by  the  senate,  was  then  sub- 
mitted to  the  people,  and  by  them  simply  adopted 
or  rejected  ;  and  "  it  is  in  these  and  similar  cases 
that  the  statement  of  the  grammarians  is  true,  that 
no  law  or  measure  could  be  presented  for  ratifica- 
tion by  the  people  without  the  previous  approbation 
of  the  senate,  by  which  it  assumed  the  form  of  a 
decree  passed  by  that  body."3 

In  the  assembly  the  bill  of  the  senate  was  first 
road,  perhaps  by  the  crier,  after  the  introductory 
ceremonies  were  over;  and  then  the  proedri  put  the 
question  to  the  people,  whether  they  approved  of  it, 
or  wished  to  give  the  subject  farther  deliberation.4 
The  people  declared  their  will  by  a  show  of  hands 
(irpoxeipoTovla).  Sometimes,  however,  the  bill  was 
not  proposed  and  explained  by  one  of  the  proedri, 
but  by  a  private  individual — either  the  original  ap- 
plicant for  leave  to  bring  forward  the  measure,  or  a 
senator  distinguished  for  oratorical  power.  Exam- 
ples of  this  are  given  by  Schomann.5  If  the  npo- 
6ov?,EVfia  of  the  senate  were  rejected  by  the  people, 
it  was,  of  course,  null  and  void.  If  it  happened 
that  it  was  neither  confirmed  nor  rejected,  it  was 
enereiov,  that  is,  only  remained  in  force  during  the 
year  the  senate  was  in  office.6  If  it  was  confirmed 
it  became  a  i}>^<pt,a/xa,  or  decree  of  the  people,  bind- 
ing upon  all  classes.  The  form  for  drawing  up  such 
decrees  varied  in  different  ages.  Before  the  archon- 
ship  of  Eucleides  (B.C.  403),  they  were  generally 
headed  by  the  formula,  "Edot-e  ry  fiovXrj  nai  ra 
frifiu :  then  the  tribe  was  mentioned  in  whose  pryt- 
any  the  decree  was  passed  ;  then  the  names  of  the 
yoa/i/jiaTEvg  or  scribe,  and  chairman ;  and,  lastly,  that 
of  ths  author  of  the  resolution.  Examples  of  this 
form  occur  in  Andocides  ;7  thus  :  "Edofr  1-77  fiovXy 
Kal  Tu  firtfUf),  Alavrlg  eTrpyrdvcve,  KTieoytvqg  kypa.fi- 
fiareve,  BoTjdog  ETrecTuTei,  rude  ArjixotyavGc  cvviypa- 
tpev*  From  the  archonship  of  Eucleides  till  about 
B.C.  325,  the  decrees  commence  with  the  name  of 


1.  (Hellen.,  i.,  7,  $  9  ;  vii.,  1,  (,  2.)— 2.  (Demosth.,  c.  Timocr., 
715.)— 3.  (Schomann,  De  Ath.  Com.,  p.  103,  transl.) — 4.  (Aris- 
toph.,  Thesm.,  9.90.)—  5.  (De  Ath.  Corn.,  p.  106,  transl.)  — 6. 
(Demo8th.,c.  Arist.,  651.)— 7.  (De  Mvst.,  r>.  13.)— 8.  (Compare 
Thury.J.,  i*.,  118.)  * 


the  archon  ;  then  come  the  day  of  the  month,  tl« 
tribe  in  office,  and,  lastly,  the  name  of  the  proposer. 
The  motive  for  passing  the  decree  is  next  stated  ; 
and  then  follows  the  decree  itself,  prefaced  with  the 
formula  dedoxdai  ry  fiovly  Kal  rti  r%z^.  The  reader 
is  referred  to  Demosthenes,  De  Corona,  for  exam- 
ples. After  B.C.  325,  another  form  was  used,  which 
continued  unaltered  till  the  latest  times.1  We  will 
here  briefly  state  the  difference  between  the  vofioi 
and  xpn^ia/iaTa  :  it  is  as  follows  :  The  former  were 
constitutional  laws  ;  the  latter,  decrees  of  the  peo- 
ple on  particular  occasions.3 

Mention  has  just  been  made  of  the  ypa/jfiarevg, 
whose  name  was  affixed  to  the  ipr/cpco-fiara,  as  in  the 
example  given  above  :  it  may  be  as  well  to  explain 
that  this  functionary  was  a  clerk  chosen  by  lot  by 
the  senate  in  every  prytany,  for  the  purpose  of  keep- 
ing the  records,  and  resolutions  passed  during  that 
period ;  he  was  called  the  clerk  according  to  the 
prytany  (6  Kara  izpyravelav),  and  the  name  of  the 
clerk  of  the  first  prytany  was  sometimes  used  to 
designate  the  year.3 

With  respect  to  the  power  of  the  senate,  it  must 
be  clearly  understood  that,  except  in  cases  of  small 
importance,  they  had  only  the  right  of  originating^ 
not  of  finally  deciding  on  public  questions.  Since, 
however,  the  senators  were  convened  by  the  pry- 
tanes  every  day,  except  on  festivals  or  dyerol  j]{ie 
pat*  it  is  obvious  that  they  would  be  fit  recipien* 
of  any  intelligence  affecting  the  interests  of  th' 
state,  and  it  is  admitted  that  they  had  the  right  of 
proposing  any  measure  to  meet  the  emergency  ;  foz 
example,  we  find  that  Demosthenes  gives  them  an 
account  of  the  conduct  of  iEschines  and  himself, 
when  sent  out  as  ambassadors  to  Philip,  in  conse- 
quence of  which  they  propose  a  bill  to  the  people. 
Again,  when  Philip  seized  on  Elateia  (B.C.  338), 
the  senate  was  immediately  called  together  by  the 
prytanes  to  determine  what  was  best  to  be  done.* 
But,  besides  possessing  the  initiatory  power  of  which 
we  have  spoken,  the  senate  was  sometimes  delega- 
ted by  the  people  to  determine  absolutely  about  par- 
ticular matters,  without  reference  to  the  assembly. 
Thus  we  are  told6  that  the  people  gave  the  senate 
power  to  decide,  about  sending  ambassadors  to  Phil- 
ip ;  and  Andocides7  informs  us  that  the  senate  was 
invested  with  absolute  authority8  to  investigate  the 
outrages  committed  upon  the  statues  of  Hermes 
previously  to  the  sailing  of  the  Sicilian  expedition. 

Sometimes,  also,  the  senate  was  empowered  to 
act  in  conjunction  with  the  nomothetse  (ovvvofio- 
derelv),  as  on  the  revision  of  the  laws  after  the  ex 
pulsion  of  the  Thirty  by  Thrasybulus  and  his  party, 
B.C.  403.9  Moreover,  it  was  the  province  of  the 
senate  to  receive  dcayytkiat,  or  informations  of  ex- 
traordinary crimes  committed  against  the  state,  and 
for  which  there  was  no  special  law  provided.  The 
senate  in  such  cases  either  decided  themselves,  or 
referred  the  case  to  one  of  the  courts  of  the  helieea, 
especially  if  they  thought  it  required  a  higher  pen- 
alty than  it  was  competent  for  them  to  impose,  viz., 
500  drachmae.  It  was  also  their  duty  to  decide  on 
the  qualification  of  magistrates,  and  the  character 
of  members  of  their  own  body.  (Vid.  Dokimasia.) 
But,  besides  the  duties  we  have  enumerated,  the 
senate  discharged  important  functions  in  cases  of 
finance.  All  legislative  authority,  indeed,  in  such 
matters  rested  with  the  people,  the  amount  of  ex- 
penditure and  the  sources  of  revenue  being  deter- 
mined by  the  decrees  which  they  passed  ;  but  the 
administration  was  intrusted  tl^the  senate,  as  the 

1.  (SchSmann,  p.  136,  transl.)— 2.  (Thucyd.,  iii.,  36,  ed.  Ar- 
nold.)—3.  (Pollux,  Onom.,  viii.,  98.— Hdckh,  vol.  i.,  p.  250,  transl.) 
—4.  (Pollux,  viii.,  95.)— 5.  (Demosth.,  Dc  Fals.  Leg.,  346.— T>« 
Cor.,  284.)— 6  (Demosth..  De  Fals.  Leg.,  389.)— 7.  (Dr  Myst.; 
— 8.  (r/v  yap  avTOKpurwp.'}-  -9.  (Andocid.,  Dc  Myst.,  p.  12. — De 
mosth.,  c.  Tin  ocr.,  p  708  '. 

169 


BOl  LE. 


BOULE. 


executive  power  of  the  state,  and  responsible  {vizei- 
Qwog)  to  the  people.  Thus  Xenophon1  tells  us  that 
the  senate  was  occupied  with  providing  money, 
with  receiving  the  tribute,  and  with  the  manage- 
ment of  naval  affairs  and  the  temples ;  and  Lysias2 
makes  the  following  remark :  "  When  the  senate 
has  sufficient  money  for  the  administration  of  af- 
fairs, it  does  nothing  wrong ;  but  when  it  is  in  want 
of  funds,  it  receives  informations,  and  confiscates 
the  property  of  the  citizens."  The  letting  of  the 
duties  {re?aJvaC was  also  under  its  superintendence, 
and  those  who  were  in  possession  of  any  sacred  or 
public  moneys  (iepa  nai  baa)  were  bound  to  pay 
them  into  the  senate-house  ;  and  in  default  of  pay- 
mc  nt,  the  senate  had  the  power  of  enforcing  it,  in 
coaformity  with  the  laws  for  the  farming  of  the  du- 
ties {ol  TeXuviicoi  vSfioi).  The  accounts  of  the  mon- 
eys that  had  been  received,  and  of  those  still  re- 
maining due,  were  delivered  to  the  senate  by  the 
apodectae,  or  public  treasurers.  (Vid.  Apodect^e.) 
"  The  senate  arranged,  also,  the  application  of  the 
public  money,  even  in  trifling  matters,  such  as  the 
salary  of  the  poets,  the  superintendence  of  the  cav- 
alry maintained  by  the  state,  and  the  examination 
of  the  infirm  (ddvvaroi)  supported  by  the  state,  are 
particularly  mentioned  among  its  duties ;  the  public 
debts  were  also  paid  under  its  direction.  From  this 
enumeration  we  are  justified  in  inferring  that  all 
questions  of  finance  were  confided  to  its  supreme 
regulation."3  Another  very  important  duty  of  the 
senators  was  to  take  care  that  a  certain  number  of 
triremes  was  built  every  year,  for  which  purpose 
they  were  supplied  with  money  by  the  state ;  in 
default  of  so  doing,  they  were  not  allowed  to  claim 
the  honour  of  wearing  a  crown  or  chaplet  (artya- 
vog)  at  the  expiration  of  their  year  of  office.* 

It  has  been  already  stated  that  there  were  two 
classes  or  sets  of  proedri  in  the  senate,  one  of  which, 
amounting  to  ten  in  number,  belonged  to  the  presi- 
ding tribe  ;  the  other  consisted  of  nine,  chosen  by 
lot  by  the  chairman  of  the  presiding  proedri  from 
the  nine  non-presiding  tribes,  one  from  each,  as 
often  as  either  the  senate  or  the  people  were  con- 
vened. It  must  be  remembered  that  they  were  not 
elected  as  the  other  proedri,  for  seven  days,  but 
only  for  as  many  hours  as  the  session  of  the  sen- 
ate, or  meeting  of  the  people,  lasted.  Now  it  has 
been  a  question  what  were  the  respective  duties  of 
these  two  classes  :  but  we  have  no  hesitation  in 
stating  our  conviction  that  it  was  the  proedri  of  the 
presiding  tribe  who  proposed  to  the  people  in  as- 
sembly the  subjects  for  discussion  ;  recited,  or 
caused  to  be  recited,  the  previous  bill  {TvpoBovlevfia) 
of  the  senate  ;  officiated  as  presidents  in  conjunc- 
tion with  their  k-Kiardr^q,  or  chairman,  and  dischar- 
ged, in  fact,  all  the  functions  implied  by  the  words 
XprjfiaTi&iv  7rpbg  rbv  dfjfiov.  For  ample  arguments 
in  support  of  this  opinion,  the  reader  is  referred  to 
Schbmann.5  It  does  indeed  appear,  from  decrees 
furnished  by  inscriptions  and  other  authorities,  that 
in  later  times  the  proedri  of  the  nine  tribes  exercised 
some  of  those  functions  which  the  orations  of  De- 
mosthenes and  his  contemporaries  justify  us  in  as- 
signing to  the  proedri  of  the  presiding  tribe.  It  must, 
nowever,  be  remarked,  that  all  such  decrees  were 
passed  after  B.C.  308,  when  there  were  twelve 
tribes ;  and  that  we  cannot,  from  the  practice  of 
those  days,  arrive  at  any  conclusions  relative  to 
the  customs  of  former  ages. 

If  it  is  asked  what,  then,  were  the  duties  of  these 
proedri  in  earlier  times,  the  answer  must  be  in  a 
great  measure  conjectural ;  but  the  opinion  of  Scho- 
mann  on  this  point  seems  very  plausible.     He  ob- 

1.  (De  Rep.  Ath.,  iii.,  2.)— 2.  (c.  Nicom.,  185.)— 3.  (Bockh, 
rol.  i ,  p.  208,  transl.)— 4.  (Arg.  Orat.,  c.  And™*.)— 5.  (De  Ath. 
Com  ,  p.  83,  transl.) 

J70 


serves  tr»at  the  prytanes  had  extensive  and  impor- 
tant duties  intrusted  to  them ;  that  they  were  all 
of  one  tribe,  and  therefore  closely  connected  ;  that 
they  officiated  for  thirty-five  days  as  presidents  of 
the  representatives  of  the  other  tribes ;  and  that 
they  had  ample  opportunities  of  combining  for  the 
benefit  of  their  own  tribe  at  the  expense  of  the  com- 
munity.  To  prevent  this,  and  watch  their  conduct 
whenever  any  business  was  brought  before  the  sen 
ate  and  assembly,  may  have  been  the  reason  for  ap 
pointing,  by  lot,  nine  other  quasi-presidents,  repre 
sentatives  of  the  non-presiding  tribes,  who  would 
protest  and  interfere,  or  approve  and  sanction,  as 
they  might  think  fit.  Supposing  this  to  have  been 
the  object  of  their  appointment  in  the  first  instance, 
it  is  easy  to  see  how  they  might  at  least  have  been 
united  with  the  proper  proedri  in  the  performance 
of  duties  originally  appropriated  to  the  latter. 

In  connexion  with  the  proedri,  we  will  explain 
what  is  meant  by  the  phrase  r]  ivpoedpevovca  Qvlj. 
Our  information  on  this  subject  is  derived  from  the 
speech  of  ^Eschines  against  Timarchus,  who  in- 
forms us  that,  in  consequence  of  the  unseemly  con- 
duct of  Timarchus  on  one  occasion  before  the  as- 
sembly, a  new  law  was  passed,  in  virtue  of  which 
a  tribe  was  chosen  by  lot  to  keep  order,  and  sit  as 
presidents  under  the  fiyjia,  or  platform  on  which  the 
orators  stood.  No  remark  is  made  on  the  subject 
to  warrant  us  in  supposing  that  senators  only  were 
elected  to  this  office ;  it  seems  more  probable  that 
a  certain  number  of  persons  was  chosen  from  the 
tribe  on  which  the  lot  had  fallen,  and  commissioned 
to  sit  along  with  the  prytanes  and  the  proedri,  and 
that  they  assisted  in  keeping  order.  We  may  here 
remark,  that  if  any  of  the  speakers  (pfjropeg)  mis- 
conducted themselves  either  in  the  senate  or  the 
assembly,  or  were  guilty  of  any  act  of  violence  to 
the  emoTa-Tvc;,  after  the  breaking  up  of  either,  the 
proedri  had  the  power  to  inflict  a  summary  fine,  or 
bring  the  matter  before  the  senate  and  assembly  at 
the  next  meeting,  if  they  thought  the  case  requi- 
red it.1 

The  meetings  of  the  senate  were,  as  we  learn 
from  various  passages  of  the  Attic  orators,  open  to 
strangers ;  thus  Demosthenes2  says  that  the  sen- 
ate-house was,  on  a  particular  occasion,  full  of 
strangers  (fieorbv  rjv  idiuruv) :  in  ^Eschines3  we 
read  of  a  motion  "that  strangers  do  withdraw" 
(/ueTaaTTjodfievoc  rovg  idiurag4).  Nay,  private  indi- 
viduals were  sometimes,  by  a  special  decree,  au- 
thorized to  come  forward  and  give  advice  to  the 
senate.5  The  senate-house  was  called  to  fiovlev- 
rrjpLov,  and  contained  two  chapels,  one  of  Zev?  pov- 
haio?,  another  of  'Adrjvd  [SovXaia,  in  which  it  was  cus- 
tomary for  the  senators  to  offer  up  certain  prayers 
before  proceeding  to  business.6 

The  prytanes  also  had  a  building  to  hold  their 
meetings  in,  where  they  were  entertained  at  the 
public  expense  during  their  prytany.  This  was 
called  the  npvTaveiov,  and  was  used  for  a  variety  of 
purposes.  (Vid.  Prytaneion.)  Thucydides,7  in- 
deed, tells  us  that,  before  the  time  of  Theseus,  every 
city  of  Attica  had  its  fiovTiEVTrjpiov  and  Trpvraveiov  : 
a  statement  which  gives  additional  support  to  the 
opinion  that  Solon  did  not  originate  the  senate  at 
Athens. 

The  number  of  tribes  at  Athens  was  not  always 
ten ;  an  alteration  took  place  in  B.C.  306,  when 
Demetrius  Poliorcetes  had  liberated  the  city  from 
the  usurpation  of  Cassander.  Two  were  then  add- 
ed, and  called  Demetrias  and  Antigonis,  in  honour 
of  Demetrius  and  his  father.8    It  is  evident  that 


1.  (^sch.,  c.  Timarch.,  5.)— 2.  (De  Fals.  Leg.,  346.)— 3.  (. 
Ctes.,  71,  20.)— 4.  (Dobree,  Advers.,  i.,  542.)— 5.  (Andoc.,  De 
Myst.)— 6.  (Antiph.,  De  Chor.,  p.  787.)— 7.  (ii.,  15.) — 8.  (CL» 
ton,  F.  H.,  ii.,  343.) 


BRACLE. 


BRAOE 


this  change,  aid  the  consequent  addition  of  100 
members  to  the  senate,  must  have  varied  the  or- 
der and  length  of  the  prytanes.  The  trihes  just 
mentioned  were  afterward  called  Ptolema'is  and  At- 
talis ;  and  in  the  time  of  Hadrian,  who  beautified 
and  improved  Athens,1  a  thirteenth  was  added,  call- 
ed from  him  Hadrianis.  An  edict  of  this  emperor 
has  been  preserved,  which  proves  that  even  in  his 
time  the  Athenians  kept  up  the  show  of  their  former 
institutions. 

BOTAET'2Ei22  TPA$H  (Bovlevaeuc  ypa<pj),  an 
impeachment  for  conspiracy.  Bovfavoeoc,  being  in 
this  case  the  abbreviated  form  of  eirttovievoeuc,  is 
the  name  of  two  widely  different  actions  at  Attic 
law.  The  first  was  the  accusation  of  conspiracy 
against  life,  and  might  be  instituted  by  the  person 
thereby  attacked,  if  competent  to  bring  an  action ; 
otherwise,  by  his  or  her  legal  patron  (nvpioc).  In 
case  of  the  plot  having  succeeded,  the  deceased 
might  be  represented  in  the  prosecution  by  near 
kinsmen  (ol  hrbc  avexpioTrjToc),  or,  if  they  were  in- 
competent, by  the  nvptog,  as  above  mentioned.3 
The  criminality  of  the  accused  was  independent  of 
the  result  of  the  conspiracy,3  and  the  penalty,  upon 
conviction,  was  the  same  as  that  incurred  by  the 
actual  murderers.*  The  presidency  of  the  court, 
upon  a  trial  of  this  kind,  as  in  most  Sinai  ipovacai, 
belonged  to  the  king  archon,6  and  the  court  itself 
was  composed  of  the  ephetae,  sitting  at  the  Palladi- 
um, according  to  Isaeus  and  Aristotle,  as  cited  by 
Harpocration,  who,  however,  also  mentions  that 
the  Areiopagus  is  stated  by  Dinarchus  to  have  been 
the  proper  tribunal. 

The  other  action,  (3ov2,evaeuc,  was  available  upon 
z.  person  finding  himself  wrongfully  inscribed  as  a 
state  debtor  in  the  registers  or  rolls,  which  were 
kept  by  the  different  financial  officers.  Meier,6 
however,  suggests  that  a  magistrate  that  had  so 
offended  would  probably  be  proceeded  against  at 
the  evdvvai,  or  kmxeipoToviai,  the  two  occasions 
upon  which  the  public  conduct  of  magistrates  was 
examined,  so  that,  generally,  the  defendant  in  this 
action  would  be  a  private  citizen,  that  had  directed 
such  an  insertion  at  his  own  peril.  From  the  pas- 
sage in  Demosthenes,  it  seems  doubtful  whether  the 
disfranchisement  (uriuia)  of  the  plaintiff  as  a  state 
debtor  was  in  abeyance  while  this  action  was  pend- 
ing. Demosthenes  at  first  asserts,7  but  afterward8 
argues  that  it  was  not.  See,  however,  Meier,9  and 
Bockh's  note. 

There  is  no  very  obvious  distinction  laid  down 
between  this  action  and  t^evdeyypa^c :  but  it  has 
been  conjectured  by  Suidas,  from  a  passage  in  Ly- 
curgus,  that  the  latter  was  adopted  when  the  de- 
fendant was  a  debtor  to  the  state,  but  found  his 
debt  wrongly  set  down,  and  that  povlevoeug  was 
the  remedy  of  a  discharged  debtor  again  registered 
for  the  debt  already  paid.20  If  the  defendant  lost  his 
cause,  his  name  was  substituted  for  that  of  the 
plaintiff.11  The  cause  was  one  of  the  ypatyai  idiot 
that  came  under  the  jurisdiction  of  the  thesmo- 
thetsB  12 

BOULEUTERTON.  (Vid.  Boule.) 

BRAC^E  or  BRACCJG  (uvafypiAec),  trousers, 
pantaloons. 

These,  as  well  as  various  other  articles  of  armour 
and  of  dress  (vid.  Acinaces,  Arcus,  Armilla),  were 
common  to  all  the  nations  which  encircled  the 
Grepk  and  Roman  population,  extending  from  the 
Indian  to  the  Atlantic  Ocean.  Hence  Aristagoras, 
king  of  Miletus,  in  his  interview  with  Cleomenes, 

1.  (Pausan.,  i.,  18,  $  6.)— 2.  (Meier,  Att.  Process,  164.)— 3. 
(Harpociat.) — 4.  (Andoc,  De  Myst.,  46,  5.) — 5.  (Meier,  Att. 
Process,  312.)— 6.  (Att.  Process,  339.)— 7.  (c.  Aristog.,  i.,  778, 
19.)— 8.  (792, 1.)— 9.  (Att.  Process,  340.)— 10.  (Petit,  Leg.  Att., 
467.)— 11.  I  Demosthenes,  c.  Aristog.,  792.)— 12.  (Att.  Process, 
l.o.) 


king  of  Sparta,  described  the  attire  of  a  large  poi 
tion  of  them  in  these  terms:  "They  carry  bows 
and  a  short  spear,  and  go  to  battle  in  trousers  and 
with  hats  upon  their  heads."1  Hence,  also,  tLs 
phrase  Braccati  militis  arcus,  signifying  that  those 
who  wore  trousers  were  in  general  armed  with  the 
bow.9  In  particular,  we  are  informed  of  the  use  of 
trousers  or  pantaloons  among  the  following  nations : 

I.  The  Medes  and  Persians  (jvepl  ra  okeIeo  uval-v- 
pidag3).  2.  The  Parthians  and  Armenians.*  i*. 
The  Phrygians.5  4.  The  Sacae  (avatjvpidac  tvdt- 
dvnecrav6).  5.  The  Sarmatae  (Sarmaticce  braccce1). 
6.   The  Dacians  and  Getae.8     7.  The  Teutones.9 

8.  The  Franks  (ava^vpidac,  ol  ulv  "ktvaq,  ol  6s  onv- 
rivac,  dia^uvvvfievoi  role  gke^egi  irepiafinioxovTai10). 

9.  The  Belgse  (ava^vpiat  xpuvrai  TrepiTerafievaic11). 

10.  The  Britons  (veteres  braccoe  Britonis  pauperis1*). 

II.  The  Gauls  (Gallia  Bracata,  now  Provence;1' 
sagatos  bracatosque;1*  xpuvrai  uvat-vpiai,  ac  ekeIvoi 
fipdnac  7cpooayopevovoL15). 

The  Gallic  term  "  brakes,"  which  Diodorus  Sic- 
ulus  has  preserved  in  the  last-cited  passage,  also 
remains  in  the  Scottish  "  breeks"  and  the  English 
"  breeches."  Corresponding  terms  are  used  in  all 
the  northern  languages.16  Also  the  Cossack  and 
Persian  trousers  of  the  present  day  differ  in  no  ma- 
terial respect  from  those  which  were  anciently  worn 
in  the  same  countries. 

In  conformity  with  the  preceding  list  of  testimo- 
nies, the  monuments  of  every  kind  which  contain 
representations  of  the  nations  included  in  it,  exhibit 
them  in  trousers,  thus  clearly  distinguishing  them 
from  Greeks  and  Romans.  An  example  is  seen  in 
the  annexed  group  of  Sarmatians,  taken  from  tb* 
column  of  Trajan. 


The  proper  braccas  of  the  eastern  and  northern 
nations  were  loose  (Kexa^aafxhat  ;17  laxce1*),  and  they 
are  therefore  very  aptly,  though  ludicrously,  de- 
scribed in  Euripides  as  "  variegated  bags"  (rove  \9v- 
?lukovc  rove  7roiKiXovc19).  To  the  Greeks  they  must 
have  appeared  highly  ridiculous,  although  Ovid  men- 
tions the  adoption  of  them  by  the  descendants  of 
some  of  the  Greek  colonists  on  the  Euxine.80 

Trousers  were  principally  wooden  ;  but  Agathias 
states81  that  in  Europe  they  were  also  made  of  linen 
and  of  leather ;  probably  the  Asiatics  made  them  of 
cotton  and  of  silk.  Sometimes  they  were  striped 
(vir gates,7*),  ornamented  with  a  woof  of  various  col- 

1.  (Herod.,  v.,  49.)— 2.  (Propert.,  iii.,  3,  17.)— 3.  (Herod,  vii., 
61,62.— Xen.,  Cyrop.,  viii.,  3,  13.— Diod.  Sic,  xvii.,  77.— "  Per- 
sicabracca:"  Ovid, Trist.,  v.,  11,  34. — "Braccati  Medi:"  Pers., 
Sat.,  iii.,  53.)— 4.  (Arrian,  Tact.,  p.  79.)  — 5.  (Val.  Flacc., 
vi.,230.)— 6.  (Herod.,  vii.,  64.)— 7.  (Val.  Flacc,  v.,  424.— Lucan, 
i.,  430.)— 8.  (Ovid,  Tnst.,  iii.,  10,  19;  v.,8,  49.)— 9.  (Propert., 
iv.,  11.)— 10.  (Agath.,  Hist.,  ii.,  5.)  -11.  (Strab.,  iv.,  4,  3  )— 12 
(Mart.,  xi.,  22.)— 13.  (Pomp.  Mela,  ii.,  5,  1.)— 14.  (Cic,  Pro  M. 
Font.,  11.)— 15.  (Diod.  Sic,  lv.,  30.)— 16.  (Ihre,  Glossar.  Suio 
Goth.,  v.  Brackor.)— 17.  (Arrian.)— 18.  (Ovid  and  Lucau,  i! 
cc)— 19.  (Cyclops,  182.)— 20.  (Trist.,  v.,  11,  34.)— 21.  (1.  c.J- 
22.  (Propert.,  iv.,  11,  43.) 


BRASSICA. 


BREVIARILM. 


ours,1  or  embroidered.3  They  gradually  came  into 
use  at  Rome  under  the  emperors.  Severus  wore 
them,  and  gave  them  as  presents  to  his  soldiers,3 
but  the  use  of  them  was  afterward  restricted  by 
Honorius. 

BRACHIA'LE.     (Vid.  Armilla.) 

BRASIDEI'A  (Bpaal Seta),  a  festival  celebrated  at 
Sparta  in  honour  of  their  great  general  Brasidas, 
who,  after  his  death,  received  the  honours  of  a 
hero.*  It  was  held  every  year  with  orations  and 
contests,  in  which  none  but  Spartans  were  allowed 
to  partake. 

Brasideia  were  also  celebrated  at  Amphipolis, 
which,  though  a  colony  of  Athens,  transferred  the 
honour  of  KTlarrjc  from  Hagnon  to  Brasidas,  and 
paid  him  heroic  honours  by  an  annual  festival  with 
sacrifices  and  contests.5 

♦BRASSICA  (upapdn),  the  Cabbage.  Some  va- 
rieties of  this  plant  have  been  cultivated  from  the 
very  earliest  times  of  which  we  have  any  record. 
But  the  migrations  and  changes  of  the  best  sorts 
have  not  been  traced ;  neither  is  it  at  all  probable 
that  the  varieties  which  the  ancients  enjoyed  have 
descended  to  us  unaltered.  Three  kinds  of  cab- 
bage were  known  to  the  Romans  in  the  time  of  Ca- 
to  :6  the  first  had  a  large  stalk,  and  leaves  also  of 
considerable  size ;  the  second  had  crisped  leaves ; 
the  third,  which  was  the  least  esteemed,  had  small- 
sized  leaves  and  a  bitterish  taste.  According  to 
Columella,  the  brassica  or  cabbage  was  a  favourite 
edible  with  the  Romans,  and  in  sufficient  plenty  to 
be  even  an  article  of  food  for  slaves.  It  was  sown 
and  cut  ad  the  year  round  ;  the  best  time,  however, 
for  planting  it  was  after  the  autumnal  equinox. 
When  it  had  been  once  cut  after  this,  it  put  forth 
young  and  tender  shoots  the  ensuing  spring.  Api- 
cius,  however,  the  famous  gourmand,  disdained  to 
employ  these,  and  inspired  the  young  prince  Drusus 
with  the  same  dislike  towards  them,  for  which,  ac- 
cording to  Pliny,7  he  was  reproved  by  his  father 
Tiberius.  This  same  writer  mentions  various  kinds, 
of  which  the  most  esteemed  was  that  of  Aricia,  with 
numerous  and  very  thick  leaves.  Cato's  second 
kind,  the  Olus  Apianum  (more  correctly  Apiacon),  is 
the  Brassica  viridis  crispa  of  Bauhin.  The  Olus 
Aricium  is  the  Brassica  cleracea  gongylo'ides,  L. ; 
the  Brassica  Halmyridia  is  thought  to  have  been 
the  Crambe  maritime.;  some,  however,  are  in  fa- 
vour of  the  Convolvulus  soldanella.  "It  is  uncer- 
tain," observes  Beckmann,  "  whether  we  still  pos- 
sess that  kind  of  cabbage  which  the  ancients,  to 
prevent  intoxication,  ate  raw  like  salad."8  Of  red 
cabbage  no  account  is  to  be  found  in  any  ancient 
author.  The  ancient  Germans,  and,  in  fact,  all  the 
northern  nations  of  Europe,  cultivated  the  cabbage 
from  very  remote  times.  The  Saxon  name  for  Feb- 
ruary is  sprout-kale,  and  that  is  the  season  when  the 
sprouts  from  the  old  stalks  begin  to  be  fit  for  use. 
The  Saxons  must  of  course,  therefore,  have  been 
familiar  with  the  culture  of  cabbage  or  kale,  as  it  is 
not  at  all  probable  that  they  invented  the  name  af- 
ter their  settlement  in  Britain.  "We  nowhere  find 
among  the  Greeks  and  Romans  any  traces  of  that 
excellent  preparation  of  cabbage  called  by  the  Ger- 
mans sour-kraut,  though  the  ancients  were  acquaint- 
ed with  the  art  of  preparing  turnips  in  the  same 
manner.9  Whether  sour-kraut  be  a  German  inven- 
tion appears  somewhat  doubtful,  if  the  statement  of 
Belon  be  correct,  who  informs  us  that  the  Turks  in 


1.  (Eurip.,  1.  c— Xen.,  Anab.,  i.,  5,  t>  8. — "  Picto  subtemine  :" 
Val.  Flacc,  vi.,230.)—  2.  (Virg.,  JEn.,  xi.,777.)—  3.  (Lampr.,  Al. 
Sev.,  40.)— 4.  (Pans.,  hi.,  14,  t>  1.— Arist.,  Eth.  Nic.,v.,  7.)— 5. 
(Thucyd.,  v.,  11.)— 6.  (Plin.,  H.  N.,  xix.,  8.— Fee,  ad  loc.)— 7. 
{Plin.,  1.  c.)— 8.  (Niclas,  in  Geopon.,  v.,  11,  3,  p.  345.)— 9.  (Li- 
brary of  Ent.  Knowl.,  vol.  xv.,  p.  258. — Columella,  xii.,  54. — 
Pallad.,  Decern.,  5,  p.  1011  — Nicander,  ap.  Athen.,  iv.,  p.  133.) 
172 


his  time  were  accustomed  to  pickle  cabbage  fin 
winter  food.1 

*BRATH"i*  (flpddv),  the  Savine,  or  Junipcrus  S& 
Una,  L.  According  to  Pliny,  there  were  two  kinds, 
the  one  resembling  the  tamarisk,  the  other  the  cy- 
press ;  and  hence  some  called  the  latter  the  Cretan 
cypress.  The  two  species  described  by  Dioscori- 
des  are  hence  supposed  by  Sprengel  to  be  the  tasM- 
riscifolia  and  cypressifolia. 

BRAURO'NIA  (Bpavpuvia),  a  festival  celebrated 
in  honour  of  Artemis  Brauronia,  in  the  Attic  town 
of  Brauron,'  where,  according  to  Pausanias,'  Ores- 
tes and  Iphigenia,  on  their  return  from  Tauria,  were 
supposed  by  the  Athenians  to  have  landed,  and  left 
the  statue  of  the  Taurian  goddess.4  It  was  held 
every  fifth  year,  under  the  superintendence  of  ten 
iepoTcoioi  ;5  and  the  chief  solemnity  consisted  in  the 
circumstance  that  the  Attic  girls  between  the  ages 
of  five  and  ten  years,  dressed  in  crocus-coloured 
garments,  went  in  solemn  procession  to  the  sanc- 
tuary,6 where  they  were  consecrated  to  the  god- 
dess. During  this  act  the  lepoTcoioi  sacrificed  a 
goat,  and  the  girls  performed  a  propitiatory  rite  in 
which  they  imitated  bears.  This  rite  may  have 
simply  arisen  from  the  circumstance  that  the  bear 
was  sacred  to  Artemis,  especially  in  Arcadia  ;7  but 
a  tradition  preserved  in  Suidas8  relates  its  origin  as 
follows  :  In  the  Attic  town  of  Phanidae  a  bear,  was 
kept,  which  was  so  tame  that  it  was  allowed  to  go 
about  quite  freely,  and  received  its  food  from  and 
among  men.  One  day  a  girl  ventured  to  play  with 
it,  and,  on  treating  the  animal  rather  harshly,  it 
turned  round  and  tore  her  to  pieces.  Her  brothers, 
enraged  at  this,  went  out  and  killed  the  bear.  The 
Athenians  now  were  visited  by  a  plague  ;  and  when 
they  consulted  the  oracle,  the  answer  was  given 
that  they  would  get  rid  of  the  evil  which  had  be- 
fallen them  if  they  would  compel  some  of  their  cit- 
izens to  make  their  daughters  propitiate  Artemis  by 
a  rite  called  dpKrevetv,  for  the  crime  committed 
against  the  animal  sacred  to  the  goddess.  The 
command  was  more  than  obeyed ;  for  the  Atheni- 
ans decreed  that  from  thenceforth  all  women,  be- 
fore they  could  marry,  should  have  once  taken  part 
in  this  festival,  and  have  been  consecrated  to  the 
goddess.  Hence  the  girls  themselves  were  called 
upKTot,  the  consecration  apuTeia,  the  act  of  conse- 
crating apureveiv,  and  to  celebrate  the  festival  apu- 
reveadai.9  But  as  the  girls,  when  they  celebrated 
this  festival,  were  nearly  ten  years  old,  the  verb  de- 
Kareveiv  was  sometimes  used  instead  of  apuTevetv 
According  to  Hesychius,  whose  statement,  howev- 
er, is  not  supported  by  any  other  ancient  authority; 
the  Iliad  was  recited  on  this  occasion  by  rhapso- 
dists. 

There  was  also  a  quinquennial  festival  called 
Brauronia,  which  was  celebrated  by  men  and  disso- 
lute women,  at  Brauron,  in  honour  of  Dionysus.1* 
Whether  its  celebration  took  place  at  the  same  time 
as  that  of  Artemis  Brauronia  (as  has  been  supposed 
by  Miiller,11  in  a  note,  which  has,  however,  been 
omitted  in  the  English  translation)  must  remain  un- 
certain, although  the  very  different  characters  of 
the  two  festivals  incline  us  rather  to  believe  that 
they  were  not  celebrated  at  the  same  time. 

BREVIA'RIUM  or  BREVIA'RIUM  ALARICI. 
A'NUM.  Alaric  the  Second,  king  of  the  Visigoths, 
who  reigned  from  A.D.  484  to  A.D.  507,  in  the 


1.  (Bellonii  Observ.  Itiner.,  hi.,  27,  p.  186.— Beckmann,  Hist. 
Invent.,  vol.  iv.,  p.  265,  seqq.) — 2.  (Herod.,  vi.,  138.)— 3.  (i.,  23, 
$  9  ;  38,  U  ;  hi.,  16,  $  6 ;  viii.,  46,  t)  2.)— 4.  (Vid.  Miiller,  Do 
rians,  i.,  9,  $  5  and  6.)  —5.  (Pollux,  Onom.,  viii.,  9,  31.)  — 6. 
(Suidas,  s.  v.  "ApKToj.  — Schol.  in  Aristoph.,  Lysistr.,  646.)— 7. 
(Miiller,  Dorians,  ill  9,  t>  3.)— 8.  (s.  v.  "Ap/croj.)— 9.  (Hesych. 
— Harpocrat.— ScholJ  in  Aristoph.,  1.  c.)— 10.  (Aristoph.,  Pax, 
870.— Schol.  in  loc— Suid.,  s.  v.  Bpuupwv.)— 11.  (Dorian*,  ii., 
9,  *  5.) 


BRIDGE. 


BRIDGE. 


Iwenty-second  year  of  his  reign  (A.D.  506)  com- 
missioned a  body  of  jurists,  probably  Romans,  to 
make  a  selection  from  the  Roman  laws  and  the  Ro- 
man text-wu:ers,  which  should  form  a  code  for  the 
use  of  his  Roman  subjects.  The  code,  when  made, 
was  confirmed  by  the  bishops  and  nobility ;  and  a 
copy,  signed  by  Anianus,  the  referendarius  of  Ala- 
ric,  was  sent  to  each  comes,  with  an  order  to  use 
no  other  law  or  legal  form  in  his  court  (ut  in  foro 
tuo  nulla  alia  lex  neque  juris  formula  profcrri  vel  re- 
cipi  prasumatur).  The  signature  of  Anianus  was 
for  the  purpose  of  giving  authenticity  to  the  official 
copies  of  the  code  ;  a  circumstance  which  has  been 
so  far  misunderstood  that  he  has  sometimes  been 
considered  as  the  compiler  of  the  code.  This  code 
has  no  peculiar  name,  so  far  as  we  know :  it  was 
called  Lex  Romana,  and,  at  a  later  period,  frequent- 
ly Lex  Theodosii,  from  the  title  of  the  first  and  most 
important  part  of  its  contents.  The  name  Brevia- 
rium,  or  Breviarium  Alaricianum,  does  not  appear 
before  the  sixteenth  century. 

The  following  are  the  contents  of  the  Breviarium, 
with  their  order  in  the  code  :  1.  Codex  Theodosia- 
nus,  xvi.  books.  2.  Novelise  of  Theodosius  II.,  Val- 
entian  III.,  Marcian,  Majorian,  Severus.  3.  The 
Institutions  of  Gaius.  4.  Pauli  Receptee  Senientiae, 
v,  books.  5.  Codex  Gregorianus,  13  titles.  6.  Co- 
dex Hermogenianus,  2  titles.  7.  Papinianus,  lib.  i., 
Responsorum. 

The  code  was  thus  composed  of  two  kinds  of  ma- 
terials, imperial  constitutions,  which,  both  in  the 
code  itself,  and  the  commonitorium  or  notice  prefix- 
ed to  it,  are  called  Leges  ;  and  the  writings  of  Ro- 
man jurists,  which  are  called  Jus.  Both  the  Codex 
Gregorianus  and  Hermogenianus,  being  compila- 
tions made  without  any  legal  authority,  are  included 
under  the  head  of  Jus.  The  selections  are  extracts, 
which  are  accompanied  with  an  interpretation,  ex- 
cept in  the  case  of  the  Institutions  of  Gaius ;  as  a 
general  rule,  the  text,  so  far  as  it  was  adopted,  was 
not  altered.  The  Institutions  of  Gaius,  however, 
are  abridged  or  epitomized,  and  such  alterations  as 
were  considered  necessary  for  the  time  are  intro- 
duced into  the  text :  this  part  of  the  work  required 
no  interpretation,  and,  accordingly,  it  has  none. 

This  code  is  of  considerable  value  for  the  history 
of  Roman  law,  as  it  contains  several  sources  of  the 
Roman  law  which  otherwise  are  unknown,  espe- 
cially Paulus  and  the  first  five  books  of  the  Theo- 
dosian Code.  Since  the  discovery  of  the  Institu- 
tions of  Gaius,  that  part  of  this  code  is  of  less  value. 

The  author  of  the  Epitome  of  Gaius  in  the  Bre- 
viarium paid  little  attention  to  retaining  the  words 
of  the  original,  and  a  comparison  of  the  Epitome 
and  the  MS.  of  Gaius  is  therefore  of  little  advan- 
tage in  this  point  of  view.  The  Epitome  is,  how- 
ever, still  useful  in  showing  what  subjects  were  dis- 
cussed in  Gaius,  and  thus  filling  up  (so  far  as  the 
material  contents  are  concerned)  some  of  the  lacu- 
nae of  the  Verona  MS. 

A  complete  edition  of  this  code  was  undertaken 
by  Sichard,  in  his  Codex  Theodosianus,  Basileae, 
1528,  small  folio.  The  whole  is  contained  in  the 
edition  of  the  Theodosian  Code  by  Cujacius,  Lugd., 
1566,  folio.  The  Theodosian  Code  and  the  Novelise 
alone  are  contained  in  the  editions  of  Marville  and 
Ritter;  the  remainder  is  contained  in  Schulting, 
Jurisprudentia  Vetus  Ante-Justinianea,  Lugd.  Bat., 
1717.  The  whole,  together  with  the  fragments  of 
Ulpian  and  other  things,  is  contained  in  the  Jus  Ci- 
vile Antejustinianeum,  Berlin,  1815. x 

BRIDGE  (yfyvpa,  pons).  The  most  ancient 
bridge  upon  record,  of  which  the  construction  has 
been  described,  is  the  one  erected  by  Nitocris  over 

1.  (Savigny,  Geschichte  des  RSm.  Rechts  in  Mittelalter,  ii., 
•  8. — Gaius,  Praefatio  Prima  Editioni  Praemissa.) 


the  Euphrates  at  Babylon.1  It  was  in  the  nature 
of  a  drawbridge,  and  consisted  merely  of  stone 
piers  without  arches,  but  connected  with  one  an- 
other by  a  framework  of  planking,  which  was  re- 
moved at  night  to  prevent  the  inhabitants  from  pass- 
ing over  from  the  different  sides  of  the  river  to  com- 
mit mutual  depredations.  The  stones  were  fast- 
ened together  by  iron  cramps  soldered  with  lead, 
and  the  piers  were  built  while  the  bed  of  the  riveT 
was  free  from  water,  its  course  having  been  divert- 
ed into  a  large  lake,  which  was  again  restored  to 
the  usual  channel  when  the  work  had  been  com- 
pleted.3 Compare  the  description  given  by  Diodo- 
rus  Siculus,3  who  ascribes  the  work  to  Semiramis 

Temporary  bridges  constructed  upon  boats,  call- 
ed cxe&ai*  were  also  of  very  early  invention.  Da- 
rius is  mentioned  as  having  thrown  a  bridge  of  this 
kind  over  the  Thracian  Bosporus  ;5  but  we  have  no 
details  respecting  it  beyond  the  name  of  its  archi- 
tect, Mandrocles  of  Samos.'  The  one  constructed 
by  order  of  Xerxes  across  the  Hellespont  is  more 
celebrated,  and  has  been  minutely  described  by  He- 
rodotus.7 It  was  built  at  the  place  where  the  Cher- 
sonese forms  almost  a  right  angle,  between  the 
towns  of  Sestos  and  Madytus  on  the  one  side,  and 
Abydos  on  the  other.  The  first  bridge  which  was 
constructed  at  this  spot  was  washed  away  by  a 
storm  almost  immediately  after  it  was  completed,8 
and  of  this  no  details  are  given.  The  subsequent 
one  was  executed  under  the  directions  of  a  different 
set  of  architects.9  Both  of  them  appear  to  have 
partaken  of  the  nature  of  suspension  bridges,  the 
platform  which  formed  the  passage-way  being  se- 
cured upon  enormous  cables  formed  by  ropes  of 
flax  (Xevkomvov)  and  papyrus  (8v6Xlvuv)  twisted 
together,  and  then  stretched  tight  by  means  of  wind- 
lasses (ovoi)  on  each  side. 

The  bridges  hitherto  mentioned  cannot  be  strict- 
ly denominated  Greek,  although  the  architects  by 
whom  the  last  two  were  constructed  were  natives 
of  the  Greek  islands.  But  the  frequent  mention  of 
the  word  in  Homer  proves  that  they  were  not  un- 
common in  Greece,  or,  at  least,  in  the  western  part 
of  Asia  Minor,  during  his  time.  The  Greek  term 
for  a  permanent  bridge  is  ys<j>vpa,  which  the  ancient 
etymologists  connected  with  the  Gephyraei  (Te<f>v- 
paioi),  a  people  whom  Herodotus10  states  to  have 
been  Phoenicians,  though  they  pretended  to  have 
come  from  Eretria ;  and  the  etymologists  accord- 
ingly tell  us  that  the  first  bridge  in  Greece  was 
built  by  this  people  across  the  Cephissus  ;  but  such 
an  explanation  is  opposed  to  sound  etymology  and 
common  sense.  As  the  rivers  of  Greece  were  small, 
and  the  use  of  the  arch  known  to  them  only  to  a 
limited  extent  {vid.  Arcus),  it  is  probable  that  their 
bridges  were  built  entirely  of  wood,  or,  at  best,  were 
nothing  more  than  a  wooden  platform  supported 
upon  stone  piers  at  each  extremity,  like  that  of  Ni- 
tocris described  above.  Pliny11  mentions  a  bridge 
over  the  Acheron  1000  feet  in  length,  and  also 
says19  that  the  island  Eubcea  was  joined  to  Bceotia 
by  a  bridge ;  but  it  is  probable  that  both  these  works 
were  executed  after  the  Roman  conquest. 

In  Greece  also,  as  well  as  in  Italy,  the  term 
bridge  was  used  to  signify  a  roadway  raised  upon 
piers  or  arches  to  connect  the  opposite  sides  of  a 
ravine,  even  where  no  water  flowed  through  it." 

The  Romans  were  undoubtedly  the  first  people 
who  applied  the  arch  to  the  construction  of  bridges, 
by  which  they  were  enabled  to  erect  structures  of 
great  beauty  and  solidity,  'is  well  as  utility ;  for  by 

1.  (Herod.,  i.,  186.)— 2.  (Herod.,  1.  c.)— 3.  (ii.,  vol.  i.,  p.  121, 
ed.  Wesseling.) — 4.  (Hcsych.,  s.  v. — Herod.,  vii.,  36.  —  ^Esch., 
Pers.,  69,  ed.  Blomf.  et  Gloss.)  — 5.  (Herod.,  iv.,  83,  85.)— 6. 
(Herod.,  iv.,  87,  88.)  — 7.  (vii.,  36.) —8.  (Herod.,  vii.,  34.)  —  9- 
(Id.,  36.)— 10.(r.,  57.)— 11.  (H.  N.,  iv.,  1.)— 12.  (iv.,  21.)— 13 
tTriv  yedtvpav,  tj  iitl  r<2>  vdnei  ijv :  Xen.,  Anab.,  vi..  5,  i)  22.) 

173 


BRIDGE. 


BRIDGE. 


this  means  the  openings  between  the  piers  for  the 
convenience  of  navigation,  which  in  the  bridges  of 
Babylon  and  Greece  must  have  been  very  narrow, 
could  be  extended  to  any  necessary  span. 

The  width  of  the  passage-way  in  a  Roman  bridge 
was  commonly  narrow,  as  compared  with  modern 
structures  of  the  same  kind,  and  corresponded  with 
the  road  (via)  leading  to  and  from  it.  It  was  divided 
into  three  parts.  The  centre  one,  for  horses  and 
carriages,  was  denominated  agger  or  iter ;  and  the 
raised  footpaths  on  each  side  (decursoria),  which 
were  enclosed  by  parapet  walls  similar  in  use  and 
appearance  to  the  pluteus  in  the  basilica.  (Vid. 
Basilica,  p.  142.) 

Eight  bridges  across  the  Tiber  are  enumerated 
by  P.  Victor  as  belonging  to  the  city  of  Rome.  Of 
these,  the  most  celebrated,  as  well  as  the  most  an- 
cient, was  the  Pons  Sublicius,  so  called  because  it 
was  built  of  wood  ;  subliccs,  in  the  language  of  the 
Formiani,  meaning  wooden  beams.1  It  was  built 
by  Ancus  Marcius,  when  he  united  the  Janiculum  to 
the  city,2  and  became  renowned  from  the  well- 
known  feat  of  Horatius  Codes  in  the  war  with 
Porsenna.3  In  consequence  of  the  delay  and  diffi- 
culty then  experienced  in  breaking  it  down,  it  was 
reconstructed  without  nails,  in  such  a  manner  that 
each  beam  could  be  removed  and  replaced  at  pleas- 
ure.* It  was  so  rebuilt  by  the  pontifices,5  from 
which  fact,  according  to  Varro,6  they  derived  their 
name  ;  and  it  was  afterward  considered  so  sacred, 
that  no  repairs  could  be  made  in  it  without  previous 
sacrifice  conducted  by  the  pontifex  in  person.6  In 
the  age  of  Augustus  it  was  still  a  wooden  bridge, 
as  is  manifest  from  the  epithet  used  by  Ovid  :8 

li  Turn  quoque  priscorum  Virgo  simulacra  virorum 
Miitere  roboreo  scirpea  ponte  solet ;" 

in  which  state  it  appears  to  have  remained  at  the 
time  of  Otho,  when  it  was  carried  away  by  an  in- 
undation of  the  Tiber.9  In  later  ages  it  was  also 
called  Pons  Mmilius,  probably  from  the  name  of  the 
person  by  whom  it  was  rebuilt ;  but  who  this  iEmil- 
ius  was  is  uncertain.  It  may  have  been  iEmilius 
Lepidus  the  triumvir,  or  probably  the  ^Emilius  Lep- 
idus  who  was  censor  with  Munatius  Plancus,  under 
Augustus,  ten  years  after  the  Pons  Sublicius  fell 
down,  as  related  by  Dion  Cassius.10  We  learn  from 
P.  Victor,  in  his  description  of  the  Regio  xi.,  that 
thp.sp.  two  bridges  were  one  and  the  same  :  "iEmil- 


ius  qui  ante  sublicius."  It  is  called  iEmilian  oy 
Juvenal1  and  Lampridius,2  but  is  mentioned  by  C  a 
pitolinus3  as  the  Pons  Sublicius ;  which  passage  is 
alone  sufficient  to  refute  the  assertion  of  some 
writers,  that  it  was  built  of  stone  at  the  period 
when  the  name  of  iEmilius  was  given  to  it.* 

This  bridge  was  a  favourite  resort  for  beggars, 
who  used  to  sit  upon  it  and  demand  alms.*  Hence 
the  expression  of  Juvenal,6  aliquis  de  ponte,  for  a 
beggar.7 

It  was  situated  at  the  foot  of  the  Aventine,  and 
was  the  bridge  over  which  C.  Gracchus  directed 
his  flight  when  he  was  overtaken  by  his  opponents.8 

II.  Pons  Palatinus  formed  the  communication 
between  the  Palatine  and  its  vicinities  and  the  Ja- 
niculum, and  stood  at  the  spot  now  occupied  by  the 
"  Ponte  Rotto."  It  is  thought  that  the  words  of 
Livy9  have  reference  to  this  bridge.  It  was  repaired 
by  Augustus.10 

III.,  IV.  Pons  Fabricius  and  Pons  Cestius  were 
the  two  which  connected  the  Insula  Tiberina  with 
the  opposite  sides  of  the  river ;  the  first  with  the 
city,  and  the  latter  with  the  Janiculum.  Both  are 
still  remaining.  The  Pons  Fabricius  was  originally 
of  wood,  but  was  rebuilt  by  L.  Fabricius,  the  cura- 
tor viarum,  as  the  inscription  testifies,  and  a  short 
time  previous  to  the  conspiracy  of  Catiline  ;u  which 
passage  of  Dion  Cassius,  as  well  as  the  words  of 
the  scholiast  on  Horace,12  warrant  the  assumption 
that  it  was  then  first  built  of  stone.  It  is  now 
called  "  Ponte  quattro  capi."  The  Pons  Cestius  is 
by  some  authors  supposed  to  have  been  built  during 
the  reign  of  Tiberius  by  Cestius  Gallus,  the  person 
mentioned  by  Pliny,13  though  it  is  more  reasonable 
to  conclude  that  it  was  constructed  before  the  ter- 
mination of  the  Republic,  as  no  private  individual 
would  have  been  permitted  to  give  his  own  name 
to  a  public  work  under  the  Empire.1*  The  inscrip- 
tions now  remaining  are  in  commemoration  of  Val- 
entinianus,  Valens,  and  Gratianus,  the  emperors  bj 
whom  it  was  restored.  Both  these  bridges  are  rep- 
resented in  the  annexed  woodcut :  that  on  the 
right  hand  is  the  Pons  Fabricius,  and  is  curious  as 
being  one  of  the  very  few  remaining  works  which 
bear  the  date  of  the  Republic  ;  the  Pons  Cestius,  on 
the  left,  represents  the  efforts  of  a  much  later  age  ; 
and,  instead  of  the  buildings  now  seen  upon  the  isl- 
and, the  temples  which  originally  stood  there,  as 
well  as  the  island  itself,  have  been  restored. 


v.  Pons  Janiculensis,  \tnich  led  direct  to  the 
Janiculum.  The  name  ot  its  founder  and  period  of 
its  construction  are  unknown ;  but  it  occupied  the 
site  of  the  present  "  Ponte  Sisto,"  which  was  built 
by  Sixtus  IV.  upon  the  ruins  of  the  old  bridge. 

VI.  Pons  Vaticanus,  so  called  because  it  formed 
the  communicatior.  between  the  Campus  Martius 
and  Campus  Vaticanus.  When  the  waters  of  the 
Tiber  are  very  low,  vestiges  of  the  piers  are  still 
discernible  at  the  back  of  the  Hospital  of  San  Spir- 

I.  (Festus,  s.  v.  Sublicium.) — 2.  (Liv.,  i.,  33. — Dionys.  Hal., 
iii.,  p.  183.)— 3.  (Liv.,  ii.,  10.— Val.  Max.,  iii.,  2,  1.— Dionys. 
Hal.,  v.,  p.  295,  seq.)— 4.  (Plin.,  H.  N.,  xxxvi.,  23.)— 5.  (Dio- 
nys. Hal.,  p.  183.)—  6.  (De  Ling.  Lat.,  v.,  83.)— 7-  (Dionys.  Hal., 
m.,  I.  c.)— 8.  (Fast.,  v.,  621.)— 9.  (Tar*. ,  Hist.,  i.  86,  who  calls 
tr  Pons  Sublicius.)— 10.  (p.  423  r  ) 
174 


ito.  By  modern  topographists  this  bridge  is  often 
called  "  Pons  Triumphalis,"  but  without  any  class- 
ical authority ;  the  inference,  however,  is  not  im- 
probable, because  it  led  directly  from  the  Camr;u£ 
to  the  Clivus  Cinnae  (now  Monte  Mario),  rrom 
which  the  triumphal  processions  descended. 

VII.  Pons  ^Elius,  built  by  Hadrian,  which  led 
from  the  city  to  the  Mausoleum  (vid.  Mausoleum)  of 
that  emperor,  now  the  bridge  and  castle  of  St.  An- 

1.  (Sat.,  vi.,  32.)— 2.  (Heliog.,  c.  17.)— 3.  (Antonin.  Pius,  c. 
8.)— 4.  (Nardini,  Rom.  Ant.,  viii.,  3.) — 5.  (Senec,  De  Vit.  Beat., 
c.  25.)— 6.  (xiv.,  134.)— 7.  (Compare  also  Sat.,  iv.,  116.)— 8 
(Plut.,  Gracch.,  p.  842,  c. — Compare  Val.  Max.,  iv.,  7,  2. — Ovid, 
Fast.,  vi.,  477.)—9.  (xl.,  51.)— 10.  (Inscrip.  ap.  Grut.,  p.  160, 
n.  1.)— 11.  (Dion,  xxxvii.,  p.  50.)— 12.  (Sat.,  II.,  iii.,  36.)— 13 
(H.  N.,  x.,  60.— Tacit.,  Ann.,  vi.,  31.)— 14.  /Nardini,  1  c.) 


BRIDGE. 


BRIDGE. 


g«lo.  A  representation  of  this  bridge  is  given  in 
the  knowing  woodcut,  taken  from  a  medal  still  ex- 
tant.    It  affords  a  specimen  of  the  style  employed 


at  the  period  when  the  fine  arts  aie  considered  to 
have  been  at  their  greatest  perfection  at  Rome. 
VIII.  Pons  Milvius,  on  the  Via  Flaminia,  now 


i      A 


Fonte  Molle,  was  built  by  iEmilius  Scaurus  the 
censor,2  and  is  mentioned  by  Cicero3  about  45  years 
after  its  formation.  Its  vicinity  was  a  favourite 
place  of  resort  for  pleasure  and  debauchery  in  the 
licentious  reign  of  Nero.*  Upon  this  bridge  the  am- 
bassadors of  the  Allobroges  were  arrested  by  Cice- 
ro's retainers  during  the  conspiracy  of  Catiline.5 
Catulus  and  Pompey  encamped  here  against  Lepi- 
dus  when  he  attempted  to  annul  the  acts  of  Sulla.6 
And,  finally,  it  was  at  this  spot  that  the  battle  be- 
tween Maxentius  and  Constantine,  which  decided 
the  fate  of  the  Roman  Empire,  took  place  (A.D.  312). 
The  Roman  bridges  without  the  city  were  far 
too  many  to  be  enumerated  here.     They  formed 

ml  ■'  i 


one  of  the  chief  embellishments  in  all  the  public 
roads  ;  and  their  frequent  and  stupendous  remains, 
still  existing  in  Italy,  Portugal,  and  Spain,  attest, 
even  to  the  present  day,  the  scale  of  grandeur  with 
which  their  works  of  national  utility  were  always 
carried  on.  Subjoined  is  a  representation  of  the 
bridge  at  Ariminum  {Rimini),  which  remains  entire, 
and  was  commenced  by  Augustus  and  terminated 
by  Tiberius,  as  we  learn  from  the  inscription,  which 
is  still  extant.  It  is  introduced  in  order  to  give  the 
reader  an  idea  of  the  style  of  art  during  the  age  of 
Vitruvius,  that  peculiar  period  of  transition  between 
the  austere  simplicity  of  the  Republic  and  the  pro- 
fuse  magnificence  of  the  Empire. 


The  bridg-  thrown  across  the  Bay  of  Baiae  by 
Caligula,7  the  useless  undertaking  of  a  profligate 
princev  does  not  require  any  farther  notice ;  but 
the  bridge  which  Trajan  built  across  the  Danube, 
which  is  one  of  the  greatest  efforts  of  human  inge- 
nuity, must  not  pass  unmentioned.  A  full  account 
of  its  construction  is  given  by  Dion  Cassius,8  and  it 
is  also  mentioned  by  Pliny.9  The  form  of  it  is 
given  in  the  following  woodcut,  from  a  representa- 
tion of  it  on  the  column  of  Trajan  at  Rome,  which 
has  given  rise  to  much  controversy,  as  it  does  not 
agree  in  many  respects  with  the  description  of  Dion 
Cassius.  The  inscription,  supposed  to  have  be- 
longed to  this  bridge,  is  quoted  by  Leunclavius10 
and  by  Gruter.11 

Sub  jugum  ecce  rapitur  et  Danuvius. 


It  will  be  observed  that  the  piers  only  are  of 
stone,  and  the  superstructure  of  wood. 

The  Conte  Marsigli,  in  a  letter  to  Montfaucorv 
gives  the  probable  measurements  of  this  structure, 
from  observations  made  upon  the  spot,  which  will 
serve  as  a  faithful  commentary  upon  the  text  -of 
Dion.  He  considers  that  the  whole  line  consisted 
of  23  piers  and  22  arches,  making  the  whole  brUge 
about  3010  feet  long,  and  48  in  height,  which  are 
much  more  than  the  number  displayed  upon  the 
column.  But  this  is  easily  accounted  for  without 
impairing  the  authority  of  the  artist's  work.  A 
fewer  number  of  arches  were  sufficient  to  show  the 
general  features  of  the  bridge,  without  continuing 
the  monotonous  uniformity  of  the  whole  line,  which 
would  have  produced  an  effect  ill  adapted  to  the 


purposes  of  sculpture.  It  was  destroyed  by  Hadri- 
an,1* under  the  pretence  that  it  would  facilitate  the 
incursions  of  the  barbarians  into  the  Roman  terri- 
tories, but  in  reality,  it  is  said,  from  jealousy  and 
despair  of  being  able  himself  to  accomplish  any 
equally  great  undertaking,  which  is  supposed  to  be 

1.  (&part.,  Hadr.,  c.  19.— Dion.lxix.,  797,  E.)— 2  (Aur.  Vict., 
De  Vins  Ulustr.,  c.  27,  §  &)— 3  (in  Cat.,  iii.,  2.)— 4.  (Tacit., 
Ann.,  xiii.,  47.)— 5.  (Cic.  in  Cat.,  iii.,  2.)— 6.  (Floras,  iii.,  23.) 
—7.  (Dion,  Iii.,  652,  E.— Suet.,  Calig.,  19.)— 8.  (Ixviii.,  776, 
B.)— 9.  (Ep.,  •viii.,  4. — Compare  Procopius,  De  jfcdificiis.) — 10. 
(n.  1041    6  )— 11.   fn  44S   <U— 12.  (Dicn,  I.  C.) 


confirmed  by  the  fact  that  he  afterward  put  to  death 
the  architect,  Artemidorus,  under  whose  directions 
it  was  constructed. 

The  Romans  also  denominated  by  the  name  of 
pontes  the  causeways  which  in  modern  language 
are  termed  "viaducts."  Of  these,  the  Pons  ad 
Nonam,  now  called  Ponte  Nono,  near  the  ninth 
mile  from  Rome,  on  the  Via  Prcenestina,  is  a  fine 
specimen. 

Among  the  bridges  of  temporary  use,  which  were 


1.  (Giornale  de'  Litterati  d'ltalia,  torn. 


xxn..  p. 
175 


116.) 


BRONZE. 


URONZE. 


made  for  the  immediate  purposes  of  a  campaign, 
the  most  celebrated  is  that  constructed  by  Julius 
Caesar  over  the  Rhine  within  the  short  period  of 
ten  days.  It  was  built  entirely  of  wood,  and  the 
whole  process  of  its  construction  is  minutely  detail- 
ed by  its  author.1  An  elevation  of  it  is  given  by 
Palladio,  constructed  in  conformity  with  the  ac- 
count of  Caesar,  which  has  been  copied  in  the  edi- 
tions of  Oudendorp  and  the  Delphin. 

Vegetius,2  Herodian,3  and  Lucan4  mention  the 
ose  of  casks  (dolia,  cupa)  by  the  Romans,  to  support 
rafts  for  the  passage  of  an  army;  and  Vegetius5 
fays  that  it  was  customary  for  the  Roman  army  to 
carry  with  them  small  boats  (monoxuli)  hollowed 
out  from  the  trunk  of  a  tree,  together  with  planks 
and  nails,  so  that  a  bridge  could  be  constructed  and 
bound  together  with  ropes  upon  any  emergency 
without  loss  of  time.  Pompey  passed  the  Euphra- 
tes by  a  similar  device  during  the  Mithradatic  war.6 
The  annexed  woodcut,  taken  from  a  bas-relief  on 
the  column  of  Trajan,  will  afford  an  idea  of  the 
general  method  of  construction  and  form  of  these 
bridges,  of  which  there  are  several  designs  upon 
the  same  monument,  all  of  which  greatly  resemble 
each  other. 


When  the  Comitia  were  heM,  the  voters,  in  or- 
der to  reach  the  enclosure  called  septum  and  ovile, 
passed  over  a  wooden  platform,  elevated  above  the 
ground,  which  was  called  Pons  Suffragiorum,  in  or- 
der that  they  might  be  able  to  giv.e  their  votes  with- 
out confusion  or  collusion. 

Pons  is  also  used  to  signify  the  platform  (enidd- 
fru,  a-n-odddpa)  used  for  embarking  in,  or  disem- 
barking from,  a  ship. 

"  Interca  JEneas  socio*  de  puppibus  altis 
Pontibus  exponit."1 

The  method  of  using  these  pontes  is  represented 
in  the  annexed  woodcut,  taken  from  a  very  curious 
intaglio,  representing  the  history  of  the  Trojan  war, 
discovered  at  Bovillce  towards  the  latter  end  of  the 
L7th  century,  which  is  given  by  Fabretti,  Syntagma 
dj>  Column.  Trajani,  p.  315. 


*BROMOS  (fipuuoc  or  f3p6p,og),  a  plant,  which 
Dierbach  makes  to  be  the  Avena  sativa,  "Oats." 
Stackhouse,  however,  is  in  favour  of  the  Secale 
Cereale,  and  Sprengel  of  the  Avena  fatua,  or  "  wild 
Oats." 

BRONZE  (xoIkoc,  as),  a  compound  of  copper 
and  tin.  Other  metals  are  sometimes  combined 
with  the  above  ;  but  the  most  ancient  bronzes, 
properly  so  called,  are  found  to  consist  of  those  two 
ingredients.     In  the  article  on  JEs,  some  farther 

1.  (De  Bell.  Gall.,  iv.,  17.)— 2.  (iii.,  7.)— 3.  (viii.,  4,  8.)— 4. 
<if.,  420.)— 5.  (1.  c.)— 6.  (Florus,  iii.,  5.)— 7.  (Virg.,  JEn.,  x., 

2K*.", 

176 


particulars  are  supplied  respecting  the  different  com* 
positions  of  bronze  and  brass.  The  distinctive  terms 
should  always  be  observed  in  speaking  of  these 
substances,  at*  the  indiscriminate  use  of  them  has 
led  to  great  error  and  confusion  in  describing  works 
of  art. 

There  can  be  no  question  as  to  the  remote  anti- 
quity of  metallurgy ;  though  at  what  precise  period 
the  various  metals  were  known,  in  what  order  they 
were  discovered,  and  by  what  processes  extracted 
— either  simply,  or  by  reducing  their  ores  when  they 
were  found  in  that  state,  there  are  no  satisfactory 
means  of  judging.  In  the  twenty-eighth  chapter  of 
the  book  of  Job  we  read,  "  Surely  there  is  a  vein 
for  the  silver,  and  a  place  for  gold  where  they  fine 
it.  Iron  is  taken  out  of  the  earth,  and  brass  (cop- 
per) is  molten  out  of  the  stone."  This  passage, 
taken  as  a  whole,  and  supported  as  it  is  by  various 
intimations  throughout  the  Pentateuch,  shows  that 
at  this  early  period  greater  advances  had  been  made 
in  mining  and  the  metallurgic  arts  than  is  usually 
supposed.  There  is  the  same  dearth  of  exact  in- 
formation on  the  practice  of  the  metal-founders  and 
workers  of  the  archaic  ages,  even  after  the  different 
substances  were  known,  and  objects  of  imitative 
art  had  been  executed  in  them. 

The  most  ancient  Greek  bronzes  extant  are  com 
posed  simply  of  copper  and  tin  ;  and  it  is  remarka 
ble  how  nearly  the  relative  proportions  of  the  met 
als  agree  in  all  the  specimens  that  have  been  ana- 
lyzed.    Some  bronze  nails  from  the  ruins  of  the 
Treasury  of  Atreus  at  Mycenae  ;  some  ancient  coins 
of  Corinth  ;  a  very  ancient  Greek  helmet,  on  which 
is  a  boustrophedon  inscription,  now  in  the  British 
Museum ;  portions  of  the  breastplates  of  a  piece  of 
armour  called  the  Bronzes  of  Siris,  also  preserved 
in  our  national  collection ;  and  an  antique  swor<* 
found  in  France,  produced  in  100  parts, 
87-43  and  88  copper 
1253  and  12  tin 

9996  100 
At  a  later  period  than  that  to  which  some  of  the 
above  works  may  be  referred,  the  composition  of 
bronze  seems  to  have  been  a  subject  to  which  the 
greatest  attention  was  paid  ;  and  the  addition  of  a 
variety  of  metals  seems  to  have  been  made  to  the 
original  (if  it  may  be  so  called)  combination  of 
copper  and  tin.  The  few  writers  on  art  whose 
evidence  has  reached  our  times,  make  particular 
mention  of  certain  of  these  bronzes,  which,  not- 
withstanding the  changes  they  underwent  by  the 
introduction  of  novel  elements,  were  still  ranked 
under  the  words  xa^K°c  and  as.  That  which  ap- 
pears to  have  held  the  first  place  in  the  estimation 
of  the  ancients  was  the  as  Corinthiacum,  which 
some  pretended  was  an  alloy  made  accidentally,  in 
the  first  instance,  by  the  melting  and  running  to- 
gether of  various  metals  (especially  gold  and  bronze), 
at  the  burning  of  Corinth  by  Lucius  Mummius, 
about  146  B.C.  This  account  is  obviously  incor- 
rect, as  some  of  the  artists  whose  productions  are 
mentioned  as  composed  of  this  highly  valued  metal 
lived  long  before  the  event  alluded  to.  Pliny1  par- 
ticularizes three  classes  of  the  Corinthian  bronze. 
The  first,  he  says,  was  white  (candidum),  the  greatei 
proportion  of  silver  that  was  employed  in  its  com 
position  giving  it  a  light  colour.  In  the  second  sorl 
or  quality  gold  was  introduced,  in  sufficient  quan- 
tity to  impart  to  the  mixture  a  strong  yellow  oi 
gold  tint.  The  third  was  composed  of  equal  pro- 
portions of  the  different  metals.  The  next  bronze 
of  note  among  the  ancient  Greek  sculptors  is  dis- 
tinguished by  the  title  of  hepatizon,  which  it  seemf 
it  acquired  from  its  colour,  which  bore  some  resem 

1.  (H.  N.,  xxxiv..  3  > 


BRONZE. 


BRONZE. 


Malice  to  that  of  the  liver  (rrxap).  Pliny  says  it  was 
inferior  to  the  Corinthian  hronze,  but  was  greatly 
preferred  to  the  mixtures  of  Delos  and  ^Egina, 
which  for  a  long  period  had  a  high  reputation,  and 
were  much  sought  after.  The  colour  of  the  bronze 
called  hepatizon  must  have  been  very  similar  to  that 
of  the  cinque  cento  bronzes — a  dull,  reddish  brown. 
The  next  andent  bronze  in  order  of  celebrity  seems 
to  have  been  the  as  Dcliacum.  Its  reputation  was 
so  great  that  the  island  of  Delos  became  the  mart 
to  which  all  who  required  works  of  art  in  metal 
crowded,  and  led,  in  time,  to  the  establishment  there 
of  some  of  the  greatest  artists  of  antiquity.  Next 
to  the  Delian,  or,  rather,  in  competition  with  it,  the 
as  Mgineticum  was  esteemed.  We  are  told  that 
no  metal  was  produced  naturally  in  JEgina,  but  the 
founders  and  artists  there  were  so  skilful  in  their 
composition  of  bronze,  that  the  island  acquired 
great  celebrity  on  that  account.  Two  of  the  most 
distinguished  among  the  sculptors  of  ancient  times, 
Myron  and  Polycletus,  contemporaries  of  Phidias, 
not  only  showed  their  rivalry  in  producing  the  finest 
works  of  art,  but  also  in  the  choice  of  the  bronze 
they  used.  Myron,  we  are  informed,  always  pre- 
ferred the  Delian,  while  Polycletus  adopted  the 
^Eginetan  mixture — emulatio  autem  et  in  materia  fuit.1 
Fiom  a  passage  in  Plutarch,  it  has  been  supposed 
that  this  far-famed  Delian  bronze  was  of  a  light 
and  somewhat  sickly  tint.3  Plutarch  says  that  in 
his  time  its  composition  was  unknown. 

Of  some  of  the  other  bronzes  enumerated  in  the 
writings  of  the  ancients,  little  or  nothing  is  known 
beyond  the  titles.  Three  of  these  are  the  ces  De- 
monnesium,3  the  as  nigrum,*  and  the  Tartessian 
bronze  (Tapr7?o-aioc^aX/c6f)  mentioned  by  Pausanias.6 

Before  quitting  the  subject  of  mixtures  of  metals, 
It  may  be  right  to  allude  to  a  composition  mentioned 
by  Pliny6  under  the  title  of  aurichalcum,  written  also 
onckalcum,  which  some  writers  have  supposed  was 
an  established  bronze  composed  of  gold  and  bronze, 
or,  at  least,  of  gold  and  copper.  It  is  possible  there 
may  have  been  a  factitious  substance  so  designa- 
ted ;  but  the  true  meaning  of  the  word  appears  to 
be  mountain-metal,  from  the  Greek  words  ovpoc  or 
opec,  a  mountain,  and  xa^K°c :  and  the  accidental 
similarity  of  sound  has  doubtless  led  modern  wri- 
ters into  error  respecting  the  meaning  of  the  first 
two  syllables,  and  into  the  belief  that  it  was  in- 
tended to  designate  the  combination  of  the  two 
metals  alluded  to.  Reference  to  the  passage  in 
Pliny  will  make  this  clear  to  the  reader.  He  says 
distinctly  it  was  not  found  in  his  time,  the  mines 
which  produced  it  being  exhausted. 

Although,  strictly  speaking,  it  does  not  belong  to 
our  subject,  a  mixture,  which  was  employed  and 
much  esteemed  by  the  ancients,  may  be  mentioned 
in  this  place.  It  was  called  eleclrum,  and  was  com- 
posed of  gold  and  silver  in  certain  proportions.  It 
was,  in  all  probability,  only  used  for  extraordinary 
purposes.  Thus  Helen  is  said  to  have  dedicated,  in 
the  Temple  of  Minerva  at  Lindus,  a  cup  made  of 
v.lectrum,  of  the  exact  size  and  form  of  one  of  her 

own  breasts  (Minerva  templum  habet  Lindos 

in  quo  Helena  sacravit  calicem  ex  electro.     Adjicit 
kiitoria,  mamma  sua  mensura1). 

The  ancients  were  partial  to  polychromic  sculp- 
ture, as  is  evident  from  the  variety  of  colours  and 
materials  they  employed  even  in  the  best  period  of 
Greek  art,  namely,  the  age  of  Pericles,  when  Phid- 
ias, Ageladas,  Myron,  Polycletus,  Alcamenes,  and 
Pythagoras,  were  in  the  zenith  of  their  glory.  This 
taste  was  carried  into  metal-works,  and  seems,  if 


1.  (Plin  ,  H.  N.,  xxxiv.,  2.)— 2.  (Vid.  Quatreradre  de  Quincy, 
Jupiter  Olympien.— Plut.,  Ue  Pyth.  Orac.)— 3.  (Pollux.— He- 
gych.)— 4.  (Philostrat.)— 5.  (vi.,  19,  $  2.)— 6.  (H.  N.,  xxxiv., 2.) 

t.  (Plin.,  H.  N.,  xxxiii.,  23.) 

z 


the  accounts  that  have  been  brought  down  to  us  aie 
to  be  credited,  to  have  existed  in  very  eariy  times. 
This  is-not  the  place  to  discuss  the  genuineness  of 
the  passage  in  Homer  in  which  mention  is  made  oi 
the  shield  of  Achilles.     It  is  only  necessary  here  to 
state,  that  in  one  of  its  compartments,  oxen,  sheep, 
and  various  other  objects  were  represented,  and 
that  they  were  distinguished  by  variety  of  colour? 
Pliny1  says  that  the  artist  Aristonidas  made  a  sta. 
ue  of  Athamas,  in  which  he  proposed  to  himself  the 
difficult  task  of  producing  the  effect  of  shame,  o 
blushing,  by  using  a  mixture  of  iron  with  the  bronze 
in  which  the  work  was  executed  (JEs  ferrumque 
miscuit,  ut  rubigine  ejus  per  nilorcm  aris  relucenU 
exprimeretur  verecundia  rubor).     Plutarch  tells  ui 
that  a  statuary  called  Silanio  or  Silanion  made 
statue  of  Jocasta  dying,  and  so  composed  his  met 
als  that  a  pallid  appearance  or  complexion  was  pro- 
duced.    This,  it  is  said,  was  effected  by  the  intro- 
duction of  silver.     Callistratus  speaks  of  a  statue 
of  Cupid  by  Praxiteles,  and  another  of  Occasion 
(Katpdc),  represented  under  the  form  of  a  youth  ; 
also  one  of  Bacchus  by  Praxiteles  ;   all  of  which 
were  remarkable  for  the  colour  of  the  bronze  imi- 
tating the  appearance  of  nature.     A  bronze  relievo 
of  the  battle  of  Alexander  and  Porus  is  also  refer- 
red to  for  its  truth  of  effect,  produced  by  the  blend 
ing  of  colours,  and  which  rendered  it  worthy  to  be 
compared  with  the  finest  pictures. 

With  the  very  limited  data  we  possess,  it  is  im- 
possible to  offer  much  conjecture  upon  these  state 
ments,  or  to  say  how  much  or  how  little  they  are 
to  be  relied  upon.  Some  of  the  accounts  are  mosl 
probably  inventions  of  the  fancy ;  some  of  them 
may  be  founded  on  facts  greatly  overcharged,  thn 
effects  described  being  produced  by  overlaying  the 
metal  with  colour,  or  in  some  cases,  perhaps,  bj 
what  is  now  called  plating.  A  slight  acquaintance 
with  the  nature  of  metal,  and  the  processes  of 
founding,  will  be  sufficient  to  convince  any  one  cf 
the  impracticability  of  effecting  (at  least  by  melting 
the  materials  together,  and  so  producing  variety  of 
tints)  what  it  is  pretended  was  done  in  some  of  the 
instances  referred  to. 

The  earliest  mode  of  working  in  metal  among  the 
Greeks  seems  to  have  been  with  the  hammer  ;  by 
beating  out  lumps  of  the  material  into  the  form  pro- 
posed, and  afterward  fitting  the  pieces  together  by 
means  of  pins  or  keys.  It  was  called  otyvpr/haTov, 
from  a<pvpa,  a  hammer.  Pausanias2  describes  this 
process  in  speaking  of  a  very  ancient  statue  of  Ju- 
piter at  Sparta,  the  work  of  Learchus  of  Rhegium 
With  respect  to  its  supposed  antiquity,  Pausanias 
can  only  mean  that  it  was  very  ancient,  and  of  the 
archaic  style  of  art.  The  term  sphurelata  is  used 
by  Diodorus  Siculus  in  describing  some  very  ancienf 
works  which  are  said  to  have  decorated  the  cele- 
brated gardens  and  palace  of  Ninus  and  Semiramis 
at  Babylon.  Pliny3  mentions  a  statue  of  Diana 
Anaitis  worked  in  the  same  way ;  and,  that  there 
may  be  no  doubt  that  it  was  of  solid  hammer-work, 
he  uses  two  expressions  to  convey  his  meaning. 
The  statue  was  of  gold,  and  the  passage  describing 
it  has  given  rise  to  much  discussion  :  "  Aurea  statua 
prima  nulla  inanitate,  et  antequam  ex  are  aliqua  Mo 
modo  fierct  quam  vocant  holosphyraton,  in  templo 
Anditidis  posita  dicitur."  A  statue  of  Dionysius  by 
Onassimedes,  of  solid  bronze,  is  mentioned  by  Pau- 
sanias* as  existing  at  Thebes  in  his  time.  The 
next  mode,  among  the  Greeks,  of  executing  metal- 
works  seems  to  have  been  by  plating  upon  a  nu- 
cleus, or  general  form,  of  wood :  a  practice  which 
was  employed  also  by  the  Egyptians,  as  is  proved 
by  a  specimen  of  their  art  preserved  in  the  British 

-2.  (iii.,  17,  ()  6.)— 3    (H.  N  ,  xxxiii..  9.4  )~4.' 


1.  (xxxiv.,  40.)- 
(ix.,  12,  t)  3.) 


177 


BRONZE. 


BRONZE. 


Museum.  The  subject  is  a  small  head  of  Osim 
ind  t,he  wood  is  still  remaining  within  the  metal. 
Ic  is  probable  that  the  terms  holosphyraton  and  sphy- 
raton  were  intended  to  designate  the  two  modes  of 
hammer-work;  the  first  on  a  solid  mass,  and  the 
other  hammering  out  plates. 

It  is  extremely  difficult  to  determine  at  what  date 
the  casting  of  metal  was  introduced.  That  it  was 
known  at  a  very  early  period  there  can  be  no  doubt, 
although  it  may  not  have  been  exercised  by  statua- 
ries in  European  Greece  till  a  comparatively  late 
date.  The  art  of  founding  may  be  divided  into 
three  classes  or  stages.  The  first  is  the  simple 
melting  of  metals ;  the  second,  casting  the  fused 
metals  into  prepared  forms  or  moulds ;  and  the 
third,  casting  into  a  mould,  with  a  core  or  internal 
nucleus,  by  which  the  metal  may  be  preserved  of  a 
determined  thickness.  The  first  stage  must  have 
been  known  at  a  period  of  which  we  have  no  record 
beyond  that  intimation  especially  alluded  to  in  Job, 
which  establishes  the  fact  that  some  of  the  process- 
es of  metallurgy  were  well  known  when  that  book 
was  composed.  The  earliest  works  of  art  described 
as  of  hammer-work  were  probably  executed  in 
lumps  of  metal  that  had  already  undergone  this 
simple  preparation.  The  casting  of  metal  into 
moulds  must  also  have  been  practised  very  early. 
There  are  no  means  of  knowing  of  what  material 
or  composition  the  forms  or  moulds  were  made,  but 
in  all  probability  clay  (dried,  and  then  perhaps 
baked)  was  employed  for  the  purpose.  The  cir- 
cumstance of  a  spot  where  clay  abounded  having 
been  chosen  for  the  founding  of  the  bronze  works 
for  the  Temple  of  Solomon  supports  this  supposi- 
tion. Of  course,  all  the  earliest  works  produced  in 
this  stage  of  the  art  must  have  been  solid.  The 
third  process,  that  of  casting  into  a  mould  with  a 
core,  was  an  important  step  in  the  statuary's  art. 
Unfortunately,  there  is  no  record  of  the  time,  nor  of 
the  mode  in  which  this  was  effected  by  the  ancients, 
unless  we  consider  the  statements  of  Pausanias  of 
sufficient  authority  for  the  date  of  the  various  dis- 
coveries among  the  Greeks.  His  account  would 
imply  that  the  art  of  casting  was  not  known  before 
the  time  of  Theodorus  of  Samos,  who  probably  lived 
between  eight  and  seven  hundred  years  before  our 
era.1  Herodotus,2  Pliny,3  and  Pausanias  make 
honourable  mention  of  Rhcecus  and  Theodorus. 
Pausanias  says4  that  they  first  invented  casting  in 
bronze  (diixeav  xa^K°v  Kac  uyukuara  kx^vevaavro), 
Pliny,  who  seems  to  have  written  down  whatever 
he  heard,  says,'5  "In  Samo  primos  omnium  i plasti- 
<cert  invenisse  Rhcecum  et  Theodorum ;"  but  he  proves 
?the  incorrectness  of  this  statement  by  recording 
*tn  instance  of  the  proficiency  of  Theodorus  in  his 
■art,  when  he  says  "He  cast  a  bronze  statue  of 
himself,  holding  in  one  hand  a  file  cm  allusion, 
probably,  to  his  profession),  and  in  the  other  a  quad- 
riga of  such  small  dimensions  that  a  fly  might 
-cover  it  with  its  wings :"  an  example  of  practical 
skill  that  at  once  places  him  in  a  much  more  ad- 
vanced rank  in  his  art  than  the  inventor  of  its  first 
-and  most  simple  process  coujd  have  attained. 

.The  ancients  used  something  answering  the  pur- 
pose of  a  solder  for  fastening  the  different  pieces 
of  metal  together ;  but  it  is  difficult  to  determine 
whether  the  term  KoKknaiq  means  a  solder  or  only 
a  species  of  glue.  Pausanias  distinctly  speaks  of  it 
as  something  different  from  nails  or  cramps,  and 
gives  us  the  name  of  its  inventor,  Glaucus  of  Chios. 
He  is.  speaking  of  a  vase  of  iron,  which  he  says  was 

the  work  TXavKov rod  Xiov,  cidfjpov  KoTJkriatv 

hv&phq  evpovToc fiavn  6e  7]  koXKcl  avvexei  re,  ical 


1.  (Pays.,  iii.,  12,  $  8.)— 2.  (i.,  51  ;  iii.,  41,  60.)— 3.  (H.  N., 
txxv.,  43,  &e:)— 4   (viii.,  14,  $  5.)— 5.  (1.  c.) 
J78 


Zotiv  avrn  r£  cu\fjp(d  dea/xog.1  Pliny,  in  like  manner 
speaks  of  a  solder  under  the  title  of  plumbum  argcn- 
tarium*  Many  of  the  works  in  the  British  Muse- 
um, as  well  as  in  other  collections,  showT  the  points 
of  junction  of  the  various  pieces  of  which  the  ob- 
jects are  composed ;  but  how  they  were  fastened 
together  is  a  matter  of  doubt,  the  rust  that  has  ac- 
cumulated, both  within  and  without,  quite  pieclu- 
ding  the  possibility  of  minute  and  satisfactory  ex 
amination.  Some  of  them  appear  to  have  been  fit- 
ted together  somewhat  in  the  manner  called  dove 
tailing,  and  then  pinned;  but  whether  they  were 
then  soldered,  or  merely  beaten  together  with  the 
hammer,  and  then  worked  over  to  make  the  surface 
entire,  cannot  be  determined.  The  modern  practice 
of  burning  the  parts  together  seems,  as  far  as  there 
are  opportunities  of  judging,  to  have  been  quite  un- 
known to  the  ancients. 

The  finest  collection  of  ancient  bronzes  is  in  the 
Museo  Borbonico  at  Naples.  They  have  been  found 
chiefly  in  the  ruins  of  Herculaneum  and  Pompeii, 
and  among  them  are  some  examples  of  great  skill 
and  beauty.  A  few  of  the  heads  offer  peculiarities 
in  the  treatment  of  the  hair,  the  small  corkscrew 
curls,  and  the  ends  of  the  beards  being  formed  of 
separate  pieces  of  metal  fastened  on.  Several  of 
the  statues  have  the  eyes  of  paste  and  of  stones, 
or  sometimes  of  a  different  metal  from  the  material 
of  the  rest  of  the  work.  Silver  was  often  united 
with  bronze.  Cicero  mentions  a  statue  of  "  Apollo 
czneus,  cujus  infemore  litterulis  minutis  argenteis  no- 
men  Myronis  erat  inscriptum."3  In  a  bronze  statue 
of  a  youth,  in  the  collection  at  Paris,  are  the  re- 
mains of  a  Greek  inscription  in  silver  letters.  They 
are  inserted  into  the  left  foot.  The  Museo  Borbon- 
ico possesses  some  examples  of  inlaid  silver-work. 
There  are  also  instances  of  it  in  the  collection  of 
bronzes  in  the  British  Museum. 

The  names  of  few  sculptors,  or,  rather,  statuaries 
of  celebrity,  have  reached  us  who  were  not  chiefly 
distinguished  for  the  excellence  of  their  works  in 
bronze.  Theodorus  of  Samos  has  already  been 
mentioned ;  Gitiadas  of  Sparta  and  Glaucias  of 
Mgma.  may  be  added  as  holding  an  eminent  place 
among  the  earlier  artists  in  bronze.  A  list  of  the 
statuaries  of  Greece  who  excelled  in  works  in  met 
al  would  almost  be  a  history  of  sculpture.  It  wil 
be  enough  to  state  that  Ageladas,  the  master  of 
Phidias,  Phidias,  Alcamenes,  Agoracritus,  Polycle- 
tus,  Myron,  Praxiteles,  and  Lysippus  exercised, 
and  contributed  to  bring  to  perfection,  this  branch 
of  art.  Bronze-casting  seems  to  have  declined  in 
Greece  soon  after  the  time  of  Alexander  the  Great, 
about  330  B.C.  The  accounts  given  of  the  number 
of  works  executed  about  that  period  almost  exceed 
belief.  Lysippus  alone  is  said,  according  to  Pliny, 
to  have  produced  above  600,  or,  according  to  anoth- 
er reading,  above  1500.* 

The  Romans  were  never  distinguished  for  the 
cultivation  of  the  arts  of  design  ;  and,  when  statues 
were  required  by  them  in  the  earlier  period  of  their 
history,  they  were  obliged  to  call  in  the  aid  of  Etrus- 
can artists.  Afterward,  as  their  empire  was  ex- 
tended, the  city  was  filled  with  the  works  of  the 
best  schools  of  Greece,  and  numbers  of  artists  of 
that  country,  no  longer  able  to  find  employment  at 
home,  established  themselves  in  the  capital  of  the 
West.  Zenodorus  is  said  to  have  executed  some 
magnificent  works  in  the  time  of  Nero ;  and  the  re- 
mains of  art  of  the  time  of  Trajan,  Hadrian,  and  the 
Antonines,  prove  that  artists  of  great  skill  were  liv- 
ing at  the  date  of  those  emperors.     Many  of  the 


1.  (x.,  16,  i>  1. — Compare  Herodotus,  i.,  25,  who  speaks  of 
vnoKprj-rjpiSiov  aidrjpeov  tcoWrjrdv.) — 2.  (H.  N.,  xxxiv.,  17.) — 3. 
(Verr.,  iv.,  43.)— 4.  (Plm.,  H.  N.,  xxxiv.,  17.-  Siilig,  Cat.  A* 
tif.,  p.  v.  J-ysippv"-) 


BRYON. 


BUBALIS. 


examples  of  bronze  works  that  have  reached  us  ex 
hibit  signs  of  having  been  gilt,  and  the  writers  of 
antiquity  refer  occasionally  to  the  practice.  It  does 
not  seem  to  have  been  employed  till  taste  had  much 
deteriorated ;  probably  when  the  value  and  rich- 
ness of  the  material  were  more  highly  estimated 
than  the  excellence  of  the  workmanship.  Nero 
commanded  a  statue  of  Alexander,  the  work  of  Ly- 
sippus,  to  be  gilt ;  but  Pliny1  tells  us  it  was  found 
to  injure  the  beauty  and  effect  of  the  work,  and  the 
gold  was  removed. 

The  greatest  destruction,  at  one  time,  of  ancient 
works  of  art  is  supposed  to  have  occurred  at  the 
taking  of  Constantinople,  in  the  beginning  of  the 
thirteenth  century.  The  collection  of  statues  had 
been  made  with  great  care,  and  their  number  had 
accumulated  to  an  amount  which  seems  quite  sur- 
prising when  it  is  considered  how  long  a  time  had 
elapsed  since  art  had  been  encouraged  or  protected. 
At  the  period  alluded  to  we  are  told  that  some  of 
the  finest  works  of  the  ancient  masters  were  pur- 
posely destroyed ;  either  in  mere  wantonness,  or 
with  the  view  of  turning  the  material  into  money, 
or  for  sale  to  the  metal  founders  for  the  value  of 
the  bronze.  Among  the  few  works  saved  from  this 
devastation  are  the  celebrated  bronze  horses  which 
now  decorate  the  exteiior  of  St.  Mark's  Church  at 
Venice.  They  have  been  ascribed,  but  without  suf- 
ficient authority,  to  Ly  sip  pus. 

Before  taking  leave  of  the  subject  of  metal- work- 
ing, it  may  be  right  to  add  a  few  words  upon  toreutic 
art  (jopevTiKT)).  From  the  difference  of  opinion 
that  exists  among  antiquaries  and  scholars,  it  is 
easier  to  say  what  it  is  not  than  what  it  is.  Some 
believe  it  to  be  equivalent  to  the  cazlatura  of  the 
Latins,  which  seems  to  mean  chasing.  Others  sup- 
pose it  means  the  art  of  turning,  from  ropvoc  :  and 
others  think  it  applies  to  works  in  relievo,  from  to- 
poc,  clear,  distinct.  Some  believe  it  is  the  art  of 
uniting  two  or  more  metals ;  and  others,  that  it  is  the 
union  of  metal  with  any  other  material.  Millingen, 
who  is  one  of  the  best  authorities  on  such  subjects, 
says,  "  The  art  of  working  the  precious  metals  ei- 
ther separately,  or  uniting  them  with  other  substan- 
ces, was  called  toreutice.  It  was  known  at  a  very 
early  epoch,  as  may  be  inferred  from  the  shield  of 
Achilles,  the  ark  of  Cypselus,  and  other  productions 
of  the  kind."3  There  is  an  example  of  this  kind  of 
work,  noticed  by  the  above  writer,  in  the  British 
Museum.  It  is  not  cast,  but  consists  of  very  thin 
laminated  plates  of  sdver,  beaten  or  punched  out, 
and  chased.  The  relief  is  bold,  and  the  accessories 
are  of  sheet  gold,  overlaid. 

*BRUCUS  or  BRUCHUS  (ppovnoe,  ppovXoc),  a 
very  formidable  species  of  locust,  described  by  The- 
ophrastus3  as  the  most  destructive  of  their  kind. 
The  term,  however,  does  not  appear  to  have  been 
very  well  defined  by  the  Greek  writers.*  The  Bru- 
chus  in  the  Linnaean  system  is  an  insect  that  com- 
mits great  ravages  on  the  different  grains  of  the  ma- 
jority of  leguminous  plants,  and  of  some  kernel 
fruits,  and  particularly  on  beans,  lentils,  vetches, 
and  pease.5  The  (ipovxoc  of  the  ancients  appears 
to  have  been  the  same  with  the  Cossus  of  Pliny  and 
Festus.6 

*BRYON  ((Spvov),  a  term  used  in  a  variety  of 
senses:  1.  As  applied  to  the  germe  of  a  flower  by 
Theophrastus.7  2.  To  the  male  Catkins  by  the  same 
writer.8  3.  To  the  flowers  or  corollae  by  the  same,9 
*id  also  by  Nicander.10    4.  To  the  sea-algas  by  The- 


1.  (II.  N.,  rxxiv.,  19,  t)  6.) — 2.  (Millingen,  Anc.  ined.  Monu- 
ments, pi.  xiv. — Winck.elnia.11n,  Storia  delle  Arti  del  Disegno. — 
Qiiatremiire  de  Quincy,  Jup.  Olymp.) — 3.  (De  Animal,  rep.  app., 
t>  4,  ]'.  833,  ed.  Schneid.) — 4.  (Adams,  Append.,  s.  v.) — 5.  (Grif- 
fith's Cuvier,  vol.  xv.,  p.  64.)— 6.  (Plin.,  H.  N.,xxx.,  12.— Fest., 
t  v)— 7.  (II.  P.,  i.,  1.)— 8.  (H.  P.,  i.,  2.)— 9.  (H.  P.,  iii.,  7.1— 
0    (Theriac.,  *.,  71.1 


ophrastus.1  5.  To  the  Usnea  by  Dioscorides,  Galen 
and  Paulus  iEgineta.3  The  term  Usnea  is  borrow 
ed  from  the  Arabian  medical  authors,  and  applied 
to  a  genus  of  Lichens.  6.  To  the  grape  of  the 
white  poplar.3     7.  To  a  kind  of  shrub  like  lettuce.4 

♦BRYONIA  (fipvuvia),  a  species  of  wild  vine, 
Bryony.  The  name  j3pvuvca  was  applied  to  two 
kinds  of  vine,  the  ufnreXoc  XevKq,  or  white  vine  (the 
Bryonia  alba  of  Pliny),  and  the  afnreTiog  fiiXaiDa,  ui 
black  vine  (Bryonia  nigra).  The  term,  however,  is 
more  properly  applied  to  the  latter  of  the  two.  It 
is  the  same  with  the  Tamus  Communis,  L.5 

*BU'BALIS  or  BU'BALUS  (povfalte  or  -oc),  I. 
names  first  applied  by  Aristotle6  and  his  successors 
to  a  species  of  Antelope,  most  probably  the  Stag- 
like Antelope.     "How  these  writers,"  observes 
Lieutenant-colonel  Smith,  "  came  to  designate  such 
an  animal  by  an  appellation  which  is  symphonic 
with  that  of  the  Buffalo  in  all  the  dialects  of  North- 
em  and  Central  Asia,  cannot  be  explained  but  by 
the  supposition  that  Aristotle  gave  that  name  in 
consequence  of  some  imperfect  information  which 
he  may  have  obtained  on  this  subject  through  the 
Macedonian  invaders  of  Eastern  Persia.    It  is  wor- 
thy of  remark,  however,  that  in  the  case  of  those 
animals  of  a  large  size  that  used,  until  of  late,  to  be 
clas  jed  with  the  antelope,  the  more  equivocal  char- 
acteristic approximates  them  to  the  Bovine  nearly 
as  much  as  to  the  Caprine  nature.     Hence  the  nat- 
uralists of  the  present  day  ha"e  found  it  necessary 
to  interpose  a  new  genus,  the.  characters  of  which 
should  embrace  the  evanescent  distinctions  of  An- 
telope, Capra,  and  Ovis,  together  with  the  incipient 
characters  which  show  the  approximation  to  Bos. 
This  is  the  Genus  Damalis.     The  native  names  ot 
the  animals  thus  generically  separated,  import  that 
they  are  considered  distinct  from  the  Antelope  in 
their  own  countries  ;  and  although  no  great  stress 
should  usually  be  laid  upon  local  names,  yet  it  would 
be  treating  the  knowledge  and  experience  of  the 
resident  nations  with  an  indiscriminating  indiffer- 
ence, if,  upon  inquiry,  it  should  be  found  that,  from 
the  earliest  antiquity  to  the  present  time,  every  peo- 
ple who  have  intimate  knowledge  of  the  animals 
under  consideration  should  agree  in  bestowing  one 
generical  designation  upon  them,  and  yet  that  such 
designation  should  be  rejected  by  systematic  wri- 
ters for  one  less  analogous.     Such,  however,  is  the 
case  with  the  groups  of  animals  before  us,  which, 
whether  they  be  Indian  or  African,  have  in  their  lo- 
cal names  either  something  that  shows  their  separ- 
ation from  Antelope,  or,  what  is  more  common,  a 
generic  indication,  which  proves  them  to  be  regard- 
ed as  more  nearly  allied  to  Bos  than  to  Capra. 
Where  the  Persian,  Arabo-Indee,  and  Eastern  and 
Western  Arabic  are  concerned,  it  appears  that  all 
the  species  we  are  about  to  enumerate  will  be  found 
designated  by  the   generical  word   Ghau,  '  ox'  or 
'cow;'   Bakr,  'oxen,'  'cows,'  in   the  Arabic,  or 
Bakrah  in  the  Persian.     The  appellation  g^ven  by 
Aristotle  may,  after  these  remarks,  be  easily  traced 
to  its  source."7 

♦II.  The  Buffalo.  " The  name  Bubalis  is  assert- 
ed to  have  been  transferred  from  the  Antelope  Bu- 
balis of  authors  (Genus  Damalis)  to  the  animals  of 
the  Buffalo  group,  during  the  sixth  century  of  the 
Roman  Empire.  It  is  true,  as  Buffon  maintains, 
that  Aristotle,  Pliny,  and  Oppian  did  not  know  the 
Buffalo  by  the  name  of  Bubalis,  but  it  cannot  be  de- 
nied that,  in  the  age  of  Martial,8  this  name  was 
vaguely  applied  even  to  the  Urus,  and,  consequent- 

— ^ —        ...  .  ...  ,-.... — t~  ^^ 

1.  (II.  P.,  iv.,  6.)— 2.  (Dioscor.,  i.,  20.— Galen,  De  Simpl.,  vi 
—Paul  JEgin.,  vn.,  3.)— 3.  (Plin.,  H.  N.,  xii.,  28.)— 4.  (Plin., 
II.  N.,  xiii.,  25.)— 5.  (Plin.,  II.  N.,  xxiii.,  1.— Fee  in  Plin.,  I  c.) 
— G.  (Avistot.,  II.  A.,  iii.,  6.)— 7.  (Smith  in  Griffith's  Oui  vt 
vol.  iv.,  p.  343.)— 8.   (De  Spect.  Ep.,  23.) 

173 


BUCCINA. 


TJUFO. 


ly,  that  the  vulgar  were  already  familiarized  with 
it  as  early  as  the  time  of  the  Flavian  line.  Now 
the  Bubalis  of  Aristotle  must  have  been  a  rare  ani- 
mal, which  certainly  bore  no  such  Greek  name  in 
its  native  regions,  and  therefore  the  word  itself 
originated  and  became  common  in  some  other  way. 
The  learned  among  the  ancients  were  as  liable  to 
misapply  appellations  of  strange  animals  as  the  mod- 
erns, and  the  Arachosian  oxen  of  Aristotle  may 
have  been  known  to  the  Greek  soldiers  of  Alexan- 
der by  another  name  ;  indeed,  by  the  name  which 
it  appears  the  Buffalo  bore  among  the  northern  na- 
tions of  Central  Asia  from  the  earliest  periods  ;  a 
name  which,  although  it  has  the  sound  of  a  Greek 
compound,  is  nevertheless  of  genuine  Turanian  ori- 
gin. It  is  composed  of  the  syllable  Bu,  '  ox,'  join- 
ed to  a  distinctive  epithet.  Taking  the  Tartaric  to 
be  the  root,  we  find  that  nearly  all  the  dialects  of 
ancient  Turan,  Cheen,  and  the  posterior  Sclavonic, 
lesignate  both  the  Buffalo  and  the  Bull  by  the  words 
Busan,  Buka,  Brisum,  Buja,  Buha,  Bucha,  Buga, 
Bujan.  Buwol  is  the  modern  Russian,  Bawol  the 
Polish,  Buwal  Bohemian,  and  Bial  Hungarian.  In 
most  of  the  countries  where  the  above  dialects  are 
spoken,  the  Buffalo  is  nearly  as  common  as  the  do- 
mestic ox,  and,  moreover,  some  of  these  dialects 
were  spoken  by  the  very  nations  who  introduced 
the  animal  into  Western  Asia,  Africa,  and  Europe. 
From  a  careful  consideration  of  the  whole  subject, 
the  presumption  will  be  found  to  be  fairly  establish- 
ed, that  the  nations  who  invaded  the  Roman  and 
Byzantine  empires  brought  with  them  the  very  an- 
imal whose  name  had  reached  Europe,  perhaps  by 
means  of  the  Greek  followers  of  the  Seleucian  dy- 
nasty, and  that  the  word  Bubalis  is  the  true  name 
of  the  Buffalo,  as  clearly  as  Urus  and  Bison  are  de- 
rived from  the  Teutonic  Aurochs  ( Uroks)  and  Wiz- 
end.  Aristotle  and  others  evidently  knew  the  Buf- 
falo (/?o£f  uypioi  kv  'Apax&Toic,  Bos  Indicus,  or  Ara- 
^osian  Ox).  It  is  described  as  differing  from  the 
Ox  as  the  Wild  Boar  does  from  the  Hog ;  to  be 
Mack,  powerful,  with  the  nose  turned  up,  and  the 
horns  bent  outward.  In  that  period,  the  species 
was  not  found  farther  west  than  Northeastern  Per- 
sia. Paul  Warnefried,  surnamed  Diaconus,  fixes 
the  appearance  of  Buffaloes  in  Italy  in  the  reign  of 
Aigilulf,  or  the  close  of  the  sixth  century,  that  is, 
^-n  the  year  596.  But  we  may  reasonably  look  for 
tneir  appearance  in  the  east  of  Europe  to  an  earlier 
date.  If  the  myriads  of  Attila's  forces  drawn  out 
of  Eastern  and  Central  Asia,  were  supported  by 
droves  of  cattle  bearing  grain  (buck-weed),  as  is 
still  done  with  buffaloes  in  common  trade,  and  by 
the  nomad  equestrian  nations,  who  lead  or  follow 
these  animals  in  their  native  regions,  there  is  no 
reason  for  us  to  conclude  that  the  Arachosian  Buf- 
falo was  not  in  their  herds ;  or  if  it  could  be  proved 
that  the  power  of  the  Huns  did  not  extend  into  the 
northern  provinces  of  Persia  or  Chorasmia,  the 
Avars  and  Bulgarians  may  be  regarded  as  the  con- 
ductors of  that  species  to  the  valley  of  the  Danube, 
Thrace,  and  Illyricum.  This  was  probably  during 
the  reign  of  Marcian,  or  about  453,  and  the  subse- 
quent introduction  of  the  animals  into  Italy  might 
result  from  causes  not  connected  with  the  migra- 
tions of  barbarians."1 
*BUBO,  the  Horned  Owl.  (Vid.  Glaux.) 
BUCCINA  (ftvtcdvri),  a  kind  of  horn-trumpet,  an- 
ciently made  out  of  a  shell.  It  is  thus  happily  de- 
scribed "iy  Ovid  : 

"  Cava  buccina  sumilur  Mi 
Tortilis,  in  latum  qua  turbine  crescit  ah  imo  : 
Buccina,  qua  in  medio  Concepit  ut  air  a  pontox 
Littoia  voce  replet  sub  utroquc  jacentia  Phcebo."2 

i.  (Smith  in  Griffith's  Cuvier,  vol.  iv.,  p.  378,  seqq.) — 2.  (Met., 
'.,  335., 

180 


The  musical  instrument  buccina  nearly  resemble 
in  shape  the  shell  buccinum,  and,  like  it,  might  al 
most  be  described  from  the  above  lines  (in  the  lan- 
guage of  conchologists)  as  spiral  and  gibbous.  The 
two  drawings  in  the  annexed  woodcut  agree  with 
this  account.  In  the  first,  taken  from  a  frieze,1  the 
buccina  is  curved  for  the  convenience  of  the  per- 
former, with  a  very  wide  mouth,  to  diffuse  and  in- 
crease the  sound.  In  the  next,  a  copy  of  an  ancient 
sculpture  taken  from  Blanchini's  work,8  it  still  re- 
tains the  original  form  of  the  shell.     According  ift 


Hyginus,3  the  buccina  was  invented  by  Tyrrhenus, 
a  son  of  Hercules,  which,  if  the  tradition  were  of 
any  value,  would  refer  this,  as  well  as  many  other 
musical  instruments  in  use  among  the  Romans,  to 
an  Etruscan  origin.  Propertius4  testifies  to  its  be- 
ing a  very  ancient  instrument.  Athenseus5  men- 
tions a  kind  of  shell  called  Krjpv^  (according  to  Cas- 
aubon,  the  shell  of  the  murex),  probably  from  its 
sonorous  qualities. 

The  inscriptions  quoted  by  Bartholini6  seem  to 
prove  that  the  buccina  was  distinct  from  the  cornu  ; 
but  it  is  often  confounded  with  it.7  The  buccina 
seems  to  have  been  chiefly  distinguished  by  the 
twisted  form  of  the  shell,  from  which  it  was  origi- 
nally made.  In  later  times  it  was  carved  from 
horn,  and  perhaps  from  wood  or  metal,  so  as  to  im- 
itate the  shell. 

The  buccina  was  chiefly  used  to  proclaim  the 
watches  of  the  day8  and  of  the  night,  hence  called 
buccina  prima,  secunda,  &c.9  It  was  also  blown  at 
funerals,  and  at  festive  entertainments  both  before 
sitting  down  to  table  and  after.10  Macrobius11  tells 
us  that  tritons  holding  buccina  were  fixed  on  the 
roof  of  the  temple  of  Saturn. 

According  to  Festus,12  buccina  is  derived  from  the 
Greek  Qvntavov,  a  word  not  found  in  the  lexicons, 
or,  as  others  say,  from  the  Hebrew  buk,  a  trumpet. 
Varro  considers  it  as  formed  by  Onomatopoeia  from 
bou,  in  allusion  to  its  sound.  It  is  more  probably 
derived  from  buccinum,  the  name  of  a  shellfish. 

The  sound  of  the  buccina  was  called  buccinus,  an<? 
the  musician  who  played  it  buccinator  (in  Greek  fSv 
Kavnrrjc). 

*BU'CERAS  {(Sovnepac),  the  herb  Fenugreek,  Tit- 
gonella  fcenum  Gracum.  The  name  is  derived  from 
flovc,  "  an  ox,"  and  Kipac,  "  a  horn,"  the  seed  re- 
sembling the  horn  of  an  ox.  Other  appellations  foi 
this  same  plant,  as  given  by  Dioscorides  and  Pliny, 
are  telis,  carphos,  agoceras,  ceraitis,  lotus,  and  itasis. 
The  Roman  writer  gives  a  long  account  of  its  sev- 
eral uses  in  the  healing  art,  especially  in  female 
complaints.13 

*BUFO,  the  Toad.     (Vid.  Phrynos.) 

1.  (Burney's  History  of  Music,  vol.  i.,  pi.  6.) — 2.  (De  Musicis 
Instrum.  Vetevum,  p.  15,  pi.  2,  18.)— 3.  (Fab.,  273.)— 4.  (Eleg.. 
iv.,  1.)— 5.  (iii.,  p.  86.)— 6.  (De  Tibiis,  p.  226.)— 7.  (JEn.,  viin 
519.)  — 8.  (Senec,  Thyest.,  798.)  —  9.  (Polyb.,  xiv.,  3.  — Liv., 
xxvi.,  15.— Sil.  Ital.,  vii.,  154.— Propert.,  IV.,  iv.,  63.— Cic,  Pro 
Murasn.,  9.)— 10.  (Tacit.,  Ann.,  xv.,  30.)— 11.  (i.,  8.)~12.  (s.  v.) 
—13.  (Theophrast.,  C.  P.,  v.,  13;  vi.,  14.— Dios^or.,  »i.,  124.— 
Plin..  H.  N.,  xxiv..  ult  > 


BULLA. 


BUSTUM. 


*J5(JGL0SSA  and  BUGLOSSOS  (povyluccoc 
n  -ov),  the  herb  Bugloss  or  Ox-tongue,  deriving 
Its  name  from  the  likeness  its  leaf  bears  to  the 
tongue  of  the  ox  (fiovc,  "  an  ox,"  and  y7.ucaa,  "the 
tongue").  Owing  to  the  natural  resemblance  which 
runs  through  the  genera  of  Anchusa,  Borrago,  and 
Lycopsis,  there  is  some  difficulty  in  deciding  exactly 
to  what  genus  and  species  the  fiovylucooe  of  the 
ancients  should  be  referred.  Sih. thorp  and  Spren- 
gel  prefer  the  Anchusa  Italica,  or  Italian  Alkanet.1 — 
II.  The  Sole.     (Vid.  Solka.) 

BULLA,  a  circular  plate  or  boss  of  metal,  so  call- 
ed from  its  resemblance  in  form  to  a  bubble  floating 
upon  water.  Bright  studs  of  this  description  were 
used  to  adorn  the  sword-belt  (aurea  bullis  cingula  ,-a 
bullis  asper  balteus').  Another  use  of  them  was  in 
doors,  the  parts  of  n  hich  were  fastened  together  by 
brass-headed,  or  even  by  gold-headed  nails.*  The 
magnificent  bronze  doors  of  the  Pantheon  at  Rome 
are  enriched  with  highly-ornamented  bosses,  some 
of  which  are  here  shown. 


The  golden  bosses  on  the  doors  of  the  Temple  of 
Minerva  at  Syracuse  were  remarkable  both  for  their 
number  and  their  weight.* 

We  most  frequently  read,  however,  of  bullae  as 
ornaments  worn  by  children  suspended  from  the 
neck,  and  especially  by  the  sons  of  the  noble  and 
wealthy.  Such  a  one  is  called  hares  bullatus  by 
Juvenal.6  His  bulla  was  made  of  thin  plates  of  gold. 
Ita  usual  form  is  shown  in  the  annexed  woodcut, 
which  lepresents  a  fine  bulla  preserved  in  the  Brit- 
ish Museum,  and  is  of  the  size  of  the  original. 


The  bulla  was  worn  by  children  of  both  sexes  for 
ornament,  as  a  token  of  paternal  affection  and  a 
mgn  of  high  birth  ;7  and,  as  it  was  given  to  infants, 
it  sometimes  served,  like  other  ornaments  or  play- 
things (crcpundia),  to  recognise  a  lost  child.8  Prob- 
ably, also,  it  contained  amulets.9 

Instead  of  the  bulla  of  gold,  boys  of  inferior  rank, 
including  the  children  of  freedmen,  wrore  only  a 
piece  of  leather  (lorum  ;10  nodus  tantum  ct  signum  de 
paupere  loro  ;"  libcrtinis  scortea12). 

1.  (Dioscor.,  iv.,  126.— Plin.,  H.  N.,  x\v.,  8.)— 2.  (Viig.,  JEn., 
iz.,  359.)— 3.  (Sid.  Apoll.,  Carm.  2.)— 4.  (Plaut.,  Asin.,  II.,  iv., 
«0.)-  5.  (Cic,  Verr.,  II.,  iv.,  56.)— 6.  (Sat.,  xiv.,  4.)— 7.  (Cic, 
Verr  ,  II.,  i.,  58.)— 8.  (Plaut.,  Rud.,  IV.,  iv.,  127.)— 9.  (Marrob., 
.,6.)— 10  (Plin.,  II.  N.,  xxxiii.,  4.)— 11.  (Juv.,  Sat.,  v.,  165.) 
-  '2    (As(on.  Ped.  in  Cic,  1.  c.) 


On  arriving  at  adolescence,  the  bulla  was  laiii 
aside,  together  with  the  praetexta,  and  it  was  often 
consecrated,  on  this  occasion,  to  the  Lares,  or  to 
some  divinity.1 

Valerius  Maximus2  mentions  a  statua  bullata,  and 
examples  of  boys  represented  with  the  bulla  are  not 
unfrequent  in  statues,  on  tombs,  and  in  other  works 
of  art.3 

*BUMAMMA,  a  kind  of  large  grape,  so  called  be- 
cause formed  and  swelling  out  like  an  udder  or  teat 
(from  fiov,  an  intensive  particle,  and  mamma,  "  a 
dug"  or  "  breast").  The  Greek  form  of  the  name  is 
Bumastus,  (3ov/j.aaToc,  from  fiov,  and  fiaarbc,  "  a 
breast"  or  "  dug."  Varro*  and  Macrobius5  employ 
Bumamma ;  Virgil6  and  Pliny,7  Bumastus. 

*BUMASTUS.     (Vid.  Bumamma.) 

*BU'NIAS  (fiovvL&c),  a  species  of  plant,  the  wild 
Narew.  "The  term  Bunias,"  remarks  Adams, 
"  occurs  first  in  Nicander,  and  that  it  is  synony- 
mous with  the  Gongylis  is  declared  by  Galen  and 
Paulus  iEgineta ;  and,  farther,  that  it  was  the 
Brassica  Napobrassica,  L.,  or  wild  Narew,  is  ad- 
mitted by  all  the  late  authorities  on  classical  bota- 
ny, with  the  exception  of  Dierbach,  who  most  un- 
accountably contends  that  it  is  the  Brassica  Olera- 
cea,  or  Sea-cabbage."8 

♦BU'NION  (povvtov),  a  plant  of  the  family  of  the 
UmbellifercE.  The  preponderance  of  authority  is  in 
favour  of  its  being  the  Bunium  bulbocastanum,  or 
Earth-nut,  a  plant  having  a  bulbous  root,  round,  and 
good  to  eat.  The  term  fiokfjoKaaravov  occurs  in  the 
medical  works  of  Alexander  Trallianus.  The  irev- 
6o6ovviov  was  taken  for  the  Barbarea  vulgaris  by 
Dodonseus  and  Bauhin  ;  but  Sprengel  contends  that 
these  authorities  were  in  error,  and  holds  it  to  be 
the  Pimpinella  tenuis,  Sieb.9 

*BUPRESTIS  (fiovivpriGTic),  an  insect  treated  of 
by  all  the  ancient  writers  en  Toxicology.  It  pnyee 
fatal  to  cattle  when  eaten  among  the  grass,  prc-du- 
cing  a  burning  sensation,  whence  it  derives  its 
name  ((3ovc,  "  an  ox"  or  "  cow,"  and  npnOu,  "to  in- 
flame"). Belon  mentions  that  he  found  in  Greece  a 
species  of  Cantharis,  which  corresponded  with  the 
ancient  description  of  the  Buprestis.  "  In  fact," 
says  Adams,  "  there  is  every  reason  to  identify  it 
with  the  Meloe  vesicatoria,  often  mistaken  for  the 
Spanish  fly."  The  Buprestis  of  the  ancients  must 
not  be  confounded  with  the  Buprestis  of  Linnaeus.10 

BURIS.     (Vid.  Aratrum,  p.  79.) 

BUSTUA'RII.     (Vid.  Bustum.) 

BUSTUM.  It  was  customary  among  the  Ro 
mans  to  burn  the  bodies  of  the  dead  before  burying 
them.  When  the  spot  appointed  for  that  purpose 
adjoined  the  place  of  sepulture,11  it  was  termed  bus- 
turn,12  and  hence  that  word  is  said  by  Cicero13  to  be 
synonymous  with  tv/iSoc  :  when  it  was  separate 
from  it,  it  was  called  ustrina.1* 

There  was  a  Bustum  at  Rome,  in  the  centre  of 
the  Campus  Martius,  connected  with  the  mausole- 
um of  Augustus,  where  the  remains  of  that  emperor 
and  many  of  his  family  were  burned  and  buried.  It 
is  described  by  Strabo,15  who  says  that  it  was  of 
white  stone  surrounded  by  an  iron  railing,  and 
planted  on  the  inside  with  poplars.16  In  the  year 
1777,  several  blocks  of  travertine  stone  (lidov  7av- 
kov17)  were  discovered  in  the  space  before  the  Church 
of  San  Carlo  at  Corso,  upon  which  were  inscribed 
the  names  of  several  members  of  the  family  of  Au- 


1.  (Pers.,  v.,  31.)— 2.  (III.,  i.,  1.)— 3.  (Spoil,  Misc.,  p.  299.— 
Middleton,  Ant.  Mem.,  tab.  3.) — 4.  (R.  R.,  ii.,  5.)— 5.  (Sat.,  ii., 
ult.)— 6.  (Georg.,  ii.,  102.)— 7.  (H.  N.,  xiv.,  1.)— 8.  (Commen 
tary  on  Paul  of  ^Egina,  p.  98. — Compare  Append.,  s.  v.) — 9.  (Di- 
oscor., iv.,  122. — Alex.  Trail.,  vii.,  2. — Adams,  Append.,  s.  v.) — 

10.  (Plin.,  H.  N.,  xxx.,  4  ;  xxxi.,  10. — Adams.  Append.,  s.  v.)— 

11.  (Tacit.,  Ann.,  ii.,  73,  83.— Cic,  Philipp.,  i.,  2.)— 12.  (Festus, 
s.v.)— 13.  (DeLeg.,ii.,26.)— 14.  (Festus,  s.  v.)— 15.  (v., p.  170.) 
— 16.  (Compare  Herodian,  iv.,  p.  88,  ed.  Steph.) — 17.   (Strabo 
I.e.) 

131 


3UTYRUM. 


SUTYRUM 


gustus,  with  the  words  hic  crematus  est,  which 
identifies  that  locality  with  the  bustum  of  Augustus. 
The  blocks  are  now  preserved  at  the  Vatican. 

From  this  word  three  others  derive  their  signifi- 
cations : 

I.  Bustuarii,  gladiators,  who  were  hired  to  fight 
/ound  the  burning  pyre  of  the  deceased,  in  conse- 
quence of  the  belief  that  the  Manes  were  gratified 
hj  blood.1 

II.  Bustuari^e,  women  of  abandoned  character, 
inter  busta  ac  monumenta  prostantes.2 

III.  Busti'rapi,3  persons  suffering  the  extreme 
of  poverty  ;  so  called  because  they  satisfied  their 
cravings  by  snatching  from  the  flames  of  the  funer- 
al pyre  the  bread  and  other  eatables  which  the  su- 
perstition of  the  living  dedicated  to  the  dead.* 

Bustum  is  also  used  for  the  hollow  space  on  the 
top  of  an  altar  in  which  the  fire  was  kindled.3 

^BUTY'RUM  (Povrvpov),  Butter.  "This  sub- 
stance," observes  Beckmann,  "though  commonly 
used  at  present  in  the  greater  part  of  Europe,  was 
known  very  imperfectly  to  the  ancients  ;  to  some, 
indeed,  it  was  not  known  at  all.  The  translators 
of  the  Hebrew  writings  seem  to  have  thought  that 
they  found  it  mentioned  in  Scripture,6  but  those 
best  acquainted  with  Biblical  criticism  unanimously 
agree  that  the  word  chamea  signifies  milk  or  cream, 
or  sour  thick  milk,  and  that,  at  any  rate,  it  does 
not  mean  butter.  The  word  plainly  alludes  to 
something  liquid,  as  it  appears  that  chamea  was 
used  for  washing  the  feet,  that  it  was  drunk,  and 
that  it  had  the  power  of  intoxicating ;  and  we  know 
that  mare's  milk,  when  sour,  will  produce  the  like 
effect.  We  can  imagine  streams  of  milk,  but  not 
streams  of  butter.  This  error  has  been  occasioned 
by  the  seventy  interpreters,  who  translate  the  He- 
brew word  by  the  term  boutyron  ((Sovrvpov).  These 
translators,  who  lived  two  hundred  years  after  Hip- 
pocrates, might,  as  Michaelis  remarks,  have  been 
acquainted  with  butter,  or  have  heard  of  it ;  but  it 
is  highly  probable  that  they  meant  cream,  and  not 
our  usual  butter." 

"  The  oldest  mention  of  butter,  though  dubious 
and  obscure,  is  in  the  account  given  of  the  Scythi- 
ans by  Herodotus.7  According  to  the  historian, 
they  poured  the  milk  of  mares  into  wooden  vessels, 
caused  it  to  be  violently  stirred  or  shaken  by  their 
blind  slaves,  and  thus  separated  the  part  that  arose 
to  the  surface,  which  they  considered  more  valua- 
ble and  more  delicious  than  that  which  was  collect- 
ed below  it.  Herodotus  here  evidently  speaks  of 
the  richest  part  of  the  milk  being  separated  from 
the  rest  by  shaking  ;  and  that  what  he  alludes  to 
here  was  actually  butter,  would  plainly  appear  from 
comparing  with  what  he  says  the  much  clearer  ac- 
count of  his  contemporary  Hippocrates.  '  The 
Scythians,'  remarks  this  latter  writer,  'pour  the 
milk  of  their  mares  into  wooden  vessels,  and  shake 
it  violently ;  this  causes  it  to  foam,  and  the  fat  part, 
wmch  is  light,  rising  to  the  surface,  becomes  what 
is  called  butter  (o  flovrvpov  KaXovac).''  Mention  of 
butter  occurs  several  times,  in  fact,  in  the  writings 
of  Hippocrates,8  and  he  prescribes  it  externally  as 
a  medicine  ;  he  gives  it,  however,  another  name, 
fikerion  (mKeptov),  which  seems  to  have  been  in  use 
among  the  Greeks  earlier  than  the  former,  and  to 
Save  been  afterward  neglected.     That  this  word 


1.  (Serv.  in  JEn.,  x.,  519. — Compare  Hor.,  Sat.,  II.,  iii.,  85. — 
Flor.,  iii.,  20.)— 2.  (Mart.,  III.,  xciii.,  15  ;  I.,  xxxv.,  8.— Kirch- 
man,  De  Fun.  Rom.,  iii.,  22.)— 3.  (Plaut.,  Pseud.,  I.,  iii.,  127.)— 
4.  (Compare  Terent.,  Eun.,  III.,  ii.,  38. — Lucil.,  Sat.,  xxvii.,  22, 
p.  71,  ed.  Dousa. — Catull.,  lix.,  2.) — 5.  (Tumcb.,  Advers.,  xix., 
21.) — 6.  (Gen.,  xviii.,  8. — Deuteron.,  xxxii.,  14. — Judges,  v.,  25. 
— 2  Samuel,  xvii.,  29. — Job,  xx.,  17.— Id.,  xxix.,  6,  &c. — Com- 
pare Bochart,  Hieroz.,  ii.,  45,  col.  473.) — 7.  (iv.,  2.) — 8.  (De 
Morh.,  lib.  iv.,  ed.  1595,  fol.  v.,  p.  67. — De  Nat.  Mul.,  sent,  v., 
p.  137.— De  Morb.  Mul.,  2,  sect,  v.,  p.  191,  235,  &c.) 
]S2 


signified  butter,  and  was  no  longer  employed  m  the 
time  of  Galen,  appears  from  his  translating  it.  in 
his  explanation  of  the  obsolete  expressions  of  Hip- 
pocrates, by  the  word  boutyron  (jSovrvpov).1  It  was, 
even  before  that  period,  explained  in  the  same  man- 
ner by  Erotian,  in  his  Dictionary  of  the  words  used 
by  that  Greek  physician  ;  and  he  remarks  from  an 
ancient  writer,  that  the  Phrygians  called  butter  m 
nipiov  (pikerion),  and  that  the  Greeks  seem  to  have 
borrowed  the  word  from  that  people.2  The  poet 
Anaxandrides,  who  lived  soon  after  Hippocrates, 
describing  the  wedding  of  Iphicrates,  who  married 
the  daughter  of  Cotys,  king  of  Thrace,  and  the 
Thracian  entertainment  given  on  that  occasion, 
says  that  the  Thracian  s  ate  butter,  which  the 
Greeks  at  that  time  considered  a  wonderful  kind 
of  food.*  It  is  very  remarkable,  that  the  word  fo? 
butter  does  not  occur  in  Aristotle,  and  that  he  even 
scarcely  alludes  to  that  substance,  though  we  find 
in  his  works  some  very  proper  information  respect- 
ing milk  and  cheese,  which  seems  to  imply  careful 
observation.  At  first  he  gives  only  two  component 
parts,  the  watery  and  caseous  ;  but  he  remarks  af- 
terward, for  the  first  time,  in  a  passage  where  one 
little  expects  it,  that  in  milk  there  is  also  a  fat  sub- 
stance, which,  under  certain  circumstances,  is  like 
oil.*  In  Strabo  there  are  three  passages  that  refer 
to  this  subject,  but  from  which  little  information 
can  be  obtained.  This  author  says  that  the  Lusi- 
tanians  used  butter  instead  of  oil  ;3  he  mentions  the 
same  circumstance  respecting  the  Ethiopians  ;'  and 
he  relates  in  another  place,  that  elephants,  when 
wounded,  drank  this  substance  in  order  to  make 
the  darts  fall  from  their  bodies.7  The  use  of  butter 
by  the  Ethiopians  or  Abyssinians  is  confirmed  by 
Ludolfus.8  iElian  also  states  that  the  Indians 
anointed  the  wounds  of  their  elephants  with  butter 
Aristotle,  however,  makes  the  wounded  elephants 
drink  oil,  and  not  butter  ;9  but  the  difficulty  may 
easily  be  obviated  by  supposing  the  butter  spoken 
of  by  Strabo  to  have  been  in  a  liquid  state. — We 
are  told  by  Plutarch  that  a  Spartan  lady  paid  a  visit 
to  Berenice,  the  wife  of  Deiotarus,  and  that  the  one 
smelled  so  much  of  sweet  ointment,  and  the  other 
of  butter,  that  neither  of  them  could  endure  the 
other.10  Was  it  customary,  therefore,  at  that  peri- 
od, for  people  to  perfume  themselves  with  butter?'' 
"  The  remarks  of  Dioscorides  and  Galen  on  the 
present  subject  are  of  much  more  importance.  Tho 
former  says  that  good  butter  was  prepared  from  the 
fattest  milk,  such  as  that  of  sheep  or  goats,  by  sha- 
king it  in  a  vessel  till  the  fat  was  separated.  To 
this  butter  he  ascribes  the  same  effects,  when  used 
externally,  as  those  produced  by  our  butter  at  pres- 
ent. He  adds  also,  and  he  is  the  first  writer  that 
makes  the  observation,  that  fresh  butter  might  be 
melted,  and  poured  over  pulse  and  vegetables  in- 
stead of  oil,  and  that  it  might  be  employed  in  pastry 
in  the  room  of  other  fat  substances.11  Galen,  who 
distinguishes  and  confirms,  in  a  more  accurate  man- 
ner, the  healing  virtues  of  butter,  expressly  remarks 
that  cow's  milk  produces  the  fattest  butter ;  that 
butter  made  from  sheep's  or  goat's  milk  is  less  rich ; 
and  that  ass's  milk  yields  the  poorest.  He  express- 
es his  astonishment,  therefore,  that  Dioscorides 
should  say  that  butter  was  made  from  the  milk  of 
sheep  and  goats.  He  assures  us  that  he  had  seen 
it  made  from  cow's  milk,  and  he  believes  it  had 
thence  acquired  its  name.12  This  derivation  of  the 
term    boutyron,   from   (3ovc,   '  a    cow,'   and    rvpbc, 

1.  (ed.  Basil.,  fol.  v.,  p.  715.)— 2.  (Erot.,  Lex.— Fabric,  Bibl. 
Graec,  iv.,  p.  571.)— 3.  (Athenaeus,  iv.,  p.  131  ) — 4.  (II.  A.,  iii. 
20.)— 5.  (iii.,  p.  155.)— 6.  (xvii.,  p.  1176.)— 7  (xv.,p  1031.)— 8 
(Hist.  ^Ethiop.,  iv.,  4, 13.)— 9.  (^Elian,  N.  A.,  xiii.,  7  — Aristot., 
H.  A.,  viii.,  31.)  — 10.  (Adv.  Colotem.,  p.  1109.)  — 11.  (Mat 
Med.,  ii.,  81,  p.  107.)— 12.  (De  Simpl.,  Med.  Facult.,  lib.  x.,  p* 
151.) 


BUXUS. 


CABE1RIA. 


•cheese/  'coagulated  milk,'  was  a  favourite  with 
ihe  Greek  and  Roman  writers,  but  is  altogether  er- 
roneous. The  term  is  of  foreign  origin,  and  the 
reader  may  see  some  curious  speculations  on  this 
subject  in  the  Vorhalle  of  Ritter,  who  seeks  to  con- 
nect the  name  with  the  mythology  of  Boudha,  and 
with  the  germe  of  civilization  introduced  into  the 
West  by  the  sacerdotal  colonies  from  India.1 

"  From  what  has  thus  far  been  said,  it  would  ap- 
pear that  butter  must  have  been  very  little  known 
to,  or  used  by,  the  Greeks  and  Romans,  till  the  time 
of  Galen,  that  is,  at  the  end  of  the  second  century. 
It  appears,  also,  that  when  they  had  learned  the  art 
of  making  it,  they  employed  it  only  as  an  ointment 
in  their  baths,  and  particularly  in  medicine.  Pliny 
recommends  it,  mixed  with  honey,  to  be  rubbed  over 
children's  gums,  in  order  to  ease  the  pain  of  teeth- 
ing, and  also  for  ulcers  in  the  mouth.3  The  Ro- 
mans, in  genera],  seem  to  have  used  butter  for 
anointing  the  bodies  of  their  children,  to  render 
thera  pliable  ;"  and  we  are  told  that  the  ancient 
Buigundians  smeared  their  hair  with  it.*  If  we 
except  the  passage  of  Dioscorides  already  referred 
to,  we  find  no  proof  whatever  that  it  was  used  by 
the  Greeks  or  Romans  in  cookery,  or  the  prepara- 
tion of  food.  No  notice  is  taken  of  it  by  Apicius  ; 
nor  is  it  mentioned  by  Galen  for  any  other  but  med- 
ical purposes.  This  is  easily  accounted  for  by  the 
ancients  having  entirely  accustomed  themselves  to 
the  use  of  oil ;  and,  in  like  manner,  butter  at  pres- 
ent is  very  little  employed  in  Italy,  Spain,  Portugal, 
and  the  southern  parts  of  France.  One  chief  cause 
of  this  is  the  difficulty  of  preserving  it  for  any  length 
of  time  in  warm  countries  ;  and  it  would  seem  that 
among  the  ancients  in  the  south  of  Europe  it  was 
rather  in  an  oily  state,  and  almost  liquid.  The 
Northern  nations,  in  modern  times,  cut,  knead,  and 
spread  butter ;  the  ancients  poured  it  out  as  one 
pours  out  oil.  Galen,  for  example,  tells  us,  that  to 
make  soot  of  butter  (which  was  used  in  curing  in- 
flammations of  the  eyes,  and  ether  disorders},  the 
nutter  must  be  poured  into  a  lamp."  For  more  in- 
formation on  this  subject,  the  reader  is  referred  to 
Beckmann's  History  of  Inventions.* 

BUXUM  properly  means  the  wood  of  the  Box- 
tree,  but  was  given  as  a  name  to  many  things  made 
of  this  wood.  According  to  Strabo,6  the  best  box- 
trees  grew  in  the  district  of  Amastriane,  in  Paphla- 
gonia,  and  especially  in  the  neighbourhood  of  Cyto- 
rus.  Pliny7  also  names  the  Gallic,  Pyrenaean,  Ber- 
ecyntian,  Corsican,  and  Macedonian  box-wood. 

The  tablets  used  for  writing  on,  and  covered  with 
wax  {tabula  cerata),  were  usually  made  of  this  wood. 
Hence  we  read  in  Propertius, 

"  Vulgari  buxo  sordida  cera  fuit."* 

These  tabella  were  sometimes  called  cerata  buxa. 
In  the  same  way  the  Greek  irv^lov,  formed  from 
nv£oc,  "  box-wood,"  came  to  be  applied  to  any  tab- 
lets, whether  they  were  made  of  this  wood  or  any 
other  substance ;  in  which  sense  the  word  occurs 
in  the  Septuagint  (ra  irvtjia  tu  lidiva9). 

Tops  were  made  of  box-wood  (volubile  buxum  ;10 
luxurn  tor quere  flag ello11) ;  and  also  all  wind  instru- 
ments, especially  the  flute,  as  is  the  case  in  the 
present  day  (Phrygiique  for  amine  buxi12).  Combs, 
also,  were  made  of  the  same  wood  ;  whence  Juve- 
nal13 speaks  of  caput  intactum  buxo.1* 

*BUXUS  (irvt-oc;),  the  Box-tree,  or  Buxus  Semper- 
virens,  L.     The  Box  loves  cold  and  mountainous 

1.  {Vorhalle,  p.  121.)— 2.  (H.  N.,  xxviii.,  19.)— 3.  (Tertull., 
A.dv.  Marcion.,  iii.,  13.) — 4.  (Sidon.  Apoll.,  carm.  12.)— 5.  (vol. 
ii.,  p.  372,  seqq.)— 6.  (xvi.,  28.)— 7.  (H.  N.,  xvi.,  28.)— 8  (III., 
xxii.,  8.)— 9.  (Exod.,  xxiv.,  12.— Compare  Is.,  xxx.,  8.— Hab., 
ii.,  2.)— 10.  (Virg.,  JEn.,  vii.,  382.)— 11.  (Pers.,  iii.,  51.)— 12. 
(Ovid,  Ep.  ex  Pont.,  I.,  i..  45.— Compare  Met.,  xii.,  158.— Fast., 
vi.,  976.— Virg.,  JE.i.,  ix.,  619.,)— 13.  (Sat.,  xiv.,  194.)— 14.  (Com- 
pare Grid,  Fast.,  v,.,  229  :  "  Detonsos  crmes  depexere  buxo.'') 


situations ;  the  piaces  most  famed  tor  its  growth 
are  mentioned  in  the  beginning  of  the  previous  ar 
tide.  "  Box-wood  is  an  unique  among  timber,  and 
combines  qualities  which  are  not  found  existing  to- 
gether in  any  other  kind.  It  is  as  close  and  heavy 
as  ebony  ;  not  very  much  softer  than  lignum  vita, 
it  cuts  better  than  any  other  wood  ;  and,  when  an 
edge  is  made  of  the  ends  of  the  fibres,  it  stands  bet- 
ter than  lead  or  tin,  nay,  almost  as  well  as  brass. 
Like  holly,  the  Box  is  very  retentive  of  its  sap,  and 
warps  when  not  properly  dried  ;  though,  when  suffi- 
ciently seasoned,  it  stands  well.  Hence,  for  the 
wooden  part  of  the  finer  tools,  for  everything  that 
requires  strength,  beauty,  and  polish  in  timber,  there 
is  nothing  equal  to  it.  This  will  explain  why  so 
many  different  articles  among  the  ancients  were 
made  of  this  wood.  (Vid.  Buxum.)  There  is  one 
purpose  for  which  box,  and  box  alone,  is  properly 
adapted,  and  that  is  the  process  of  xylography,  or 
engraving  on  wood." 

*BYBLUS  (pvdloc),  the  plant  from  which  the 
Egyptians  formed  paper,  the  Cyperus  Papyrus. 
(Vid.  Papyrus.) 

BYSSUS  (j3vaaoc).  It  has  been  a  subject  of  some 
dispute  whether  the  byssus  of  the  ancients  was 
cotton  or  linen.  Herodotus1  says  that  the  mum- 
mies were  wrapped  up  in  byssine  sindon  (aivdovoe 
fivoaivnq  Ttka\tuaC),  which  Rosellini  and  many  mod- 
ern writers  maintain  to  be  cotton.  The  only  deci- 
sive test,  however,  as  to  the  material  of  mummy- 
cloth,  is  the  microscope ;  and  from  the  numerous 
examinations  which  have  been  made,  it  is  quite 
certain  that  the  mummy-cloth  was  made  of  flax, 
and  not  of  cotton  ;  and,  therefore,  whenever  the  an- 
cient writers  apply  the  term  byssus  to  the  mumm} 
cloth,  we  must  understand  it  to  mean  linen.3 

The  word  byssus  appears  to  come  from  the  He 
brew  butz  (j^a),  and  the  Greeks  probably  got  it 
through  the  Phoenicians.3  Pausanias*  says  that 
the  district  of  Elis  was  well  adapted  for  growing 
byssus,  and  remarks  that  all  the  people  whose  land 
is  adapted  for  it  sow  hemp,  flax,  and  byssus.  In 
another  passage5  he  says  that  Elis  is  the  only  place 
in  Greece  in  which  byssus  grows,  and  remarks  that 
the  byssus  of  Elis  is  not  inferior  to  that  of  the  He 
brews  in  fineness,  but  not  so  yellow  (%avdrj).  The 
women  in  Patrae  gained  their  living  by  making 
head-dresses  (KeKpv^aXot),  and  weaving  cloth,  from 
the  byssus  grown  in  Elis.6 

Among  later  writers,  the  word  byssus  may,  per- 
haps, be  used  to  indicate  either  cotton  or  linen 
cloth.  Bottiger7  supposes  that  the  byssus  was  a 
kind  of  muslin,  which  was  employed  in  making  the 
celebrated  Coan  garments.  It  is  mentioned  in  the 
Gospel  of  St.  Luke8  as  part  of  the  dress  of  a  rich 
man  :  'EvedidvoneTo  ixoptyvpav  nai  fivaaov.9  It  was 
sometimes  dyed  of  a  purple  or  crimson  colour  (0v<j- 
atvov  7Top(j)vpovv10).  Pliny11  speaks  of  it  as  a  specie3 
of  flax  (linum),  and  says  that  it  served  mulierum 
maxime  deliciis.  Pollux,12  also,  says  that  it  was  a 
kind  of  Xivov  grown  in  India ;  but  he  appears  to  in- 
clude cotton  under  this  term. 

C.,  K.,  &c. 

CABEFRIA  (Ka.6eipia),  mysteries,  festivals  and 
orgies  solemnized  in  all  places  in  which  tLe  Pelas- 
gian  Cabiri,  the  most  mysterious  and  perplexing 
deities  of  Grecian  mythology,  were  worshipped, 
but  especially  in  Samothrace,  Imbros,  Lemnos, 
Thebes,  Anthedon,  Pergamus,  and  Berytos.13     Lit- 


1.  (ii.,  86.)— 2.  (Egyptian  Antiquities,  vol.  ii.,  p.  182-196, 
Lond.,  1836.)— 3.  (Vid.  Gesenius,  Thesaurus.)— 4.  (vi.,  26,  Y  4. 
—5.  (v.,  5,  t>  2.)—  6.  (Paus.,vii.,21,$7.)— 7.  (Sabina,ii.,p.  105 
—8.  (xvi.,  9.)— 9.  (Compare  riev.,  xviii  ,  12.)— 10.  (Hesych.)^ 
11.  (II.  N.,  xix.,  4.)— 12.  (Cnom.,  vii.,  75.)— 13.  (Paus.,  ix.,  25, 
I)  5  :  iv.,  1,  v  5  ;  ix.,  22,  ^  5  :  ,  4,  I)  6.— Euseb.,  Praep.  Evang., 
p.  31.) 

183 


KAKEGORIAS  DIKE. 


KAKOSIS. 


tie  is  known  respecting  the  rites  observed  in  these 
mysteries,  as  no  one  was  allowed  to  divulge  them.- 
Diagoras  is  said  to  have  provoked  the  highest  in- 
dignation of  the  Athenians  by  his  having  made 
these  and  other  mysteries  public.3  The  most  cele- 
brated were  those  of  the  island  of  Samothrace, 
which,  if  we  may  judge  from  those  of  Lemnos, 
were  solemnized  every  year,  and  lasted  for  nine 
flays.  The  admission  was  not  confined  to  men,  for 
ve  find  instances  of  women  and  boys  being  initi- 
Ued.3  Persons  on  their  admission  seem  to  have 
indergone  a  sort  of  examination  respecting  the  life 
they  had  led  hitherto,*  and  were  then  purified  of  all 
their  crimes,  even  if  they  had  committed  murder.5 
The  priest  who  undertook  the  purification  of  mur- 
derers bore  the  name  of  koItjc.  The  persons  who 
were  initiated  received  a  purple  riband,  which  was 
worn  around  their  bodies  as  an  amulet  to  preserve 
them  against  all  dangers  and  storms  of  the  sea.6 

Respecting  the  Lemnian  Cabiria,  we  know  that 
their  annual  celebration  took  place  at  night,7  and 
lasted  for  nine  days,  during  which  all  the  fires  of 
the  island  which  were  thought  to  be  impure  were 
extinguished,  sacrifices  were  offered  to  the  dead, 
and  a  sacred  vessel  was  sent  out  to  fetch  new  fire 
from  Delos.  During  these  sacrifices  the  Cabiri 
were  thought  to  be  absent  with  the  sacred  vessel ; 
after  the  return  of  which  the  pure  fire  was  distrib- 
uted, and  a  new  life  began,  probably  with  banquets.8 

The  great  celebrity  of  the  Samothracian  myster- 
ies seems  to  have  obscured  and  thrown  into  obliv- 
ion those  of  Lemnos,  from  which  Pythagoras  is 
said  to  have  derived  a  part  of  his  wisdom.9  Con- 
cerning the  celebration  of  the  Cabiria  in  other  places, 
nothing  is  known,  and  they  seem  to  have  fallen 
into  decay  at  a  very  early  period. 

♦CACALTA  (nanalia),  a  plant  mentioned  by 
Dioscorides,  Pliny,  and  others.  It  is  supposed  by 
Sprengel  to  be  the  Mercurialis  tomentosa.  Sibthorp 
and  Fee,  however,  are  undecided,  though  the  latter 
inclines  somewhat  to  the  Cacalia  petasites  sive  al- 
bifrons.'-3 

KAKHrOP'IAS  AIKH  (Kanriyopiag  ditcri)  was  an 
action  for  abusive  language  in  the  Attic  courts, 
called,  in  one  passage  of  Demosthenes,11  KaKTjyoptov 
61kij,  and  also  called  Tiotdopiag  Slkt]  (6i6ko)v  ?ml6o- 
piag1*),  and  Kanoloyiag  four].  This  action  could  be 
brought  against  an  individual  who  applied  to  another 
certain  abusive  epithets,  such  as  avdpofovog,  rcarpa- 
Xolag,  &c,  which  were  included  under  the  general 
name  of  a-rropprjra.  (Vid.  Aporrheta.)  It  was  no 
justification  thai  these  words  were  spoken  in  an- 
ger.13 By  a  law  of  Solon,  it  was  also  forbidden  to 
speak  evil  of  the  dead  ;  and  if  a  person  did  so,  he 
was  liable  to  this  action,  which  could  be  brought 
against  him  by  the  nearest  relative  of  the  deceased.1* 
If  an  individual  abused  any  one  who  was  engaged 
in  any  public  office,  the  offender  not  only  suffered 
the  ordinary  punishment,  but  incurred  the  loss  of 
his  rights  as  a  citizen  (art/iia),  since  the  state  was 
considered  to  have  been  insulted.15 

If  the  defendant  was  convicted,  he  had  to  pay  a 
fine  of  500  drachmae  to  the  plaintiff.16  Plutarch, 
however,  mentions  that,  according  to  one  of  Solon's 
laws,  whoever  spoke  evil  of  a  person  in  the  tem- 

1.  (Strabo,  x.,  p.  365,  ed.  Tauchnitz. — Apollon.  Rhod.,  i.,  917. 
— Orph.,  Argon.,  409.— Val.  Flacc,  ii.,  435.)— 2.  (Athenag., 
Log.,  iiM  5.) — 3.  (Schol.  in  Eurip.,  Phcen.,  7. — Plut.,  Alex.,  2. — 
Dotatus  in  Terent.,  Phorm.,  i.,  15.) — 4.  (Plut.,  Laced.  Apophth. 
Antalcid.,  p.  141,  ed.  Tauchnitz.— 5.  (Liv.,  xlv.,  5. — Schol.  in 
Theocr.,  ii.,  12. — Hesych.,  s.  v.  Koirjs.) — 6.  (Schol.  in  Apollon., 
1.  c— Diod.  Sic,  v.,  49.)— 7.  (Cic,  De  Nat.  Deor.,  i.,  42.)— 8. 
(Schol.  in  Apollon.  Rhod  ,  i.,  608.)— 9.  (Iamblich.,  Vit.  Pythag., 
c.  151. — Compare  Miiller's  Prolegomena,  p.  150.) — 10.  (Dios- 
cor.,  iv.,  121.— Pliu.,  H.  N.,  xxv.,  11.)— 11.  (c.  Mid.,  544.)— 12. 
(Aristojh.,  Vesp.,  1246.)— 13.  (Lys.,  c.  Theomn.,  i.,  p.  372,  373.) 

—  14.  (Demosth.,  c.  Leptin.,  488.— c.  Besot.,  1022.--Plut.,  Sol., 
c.  21.)— 15.  (Demosth.,  c.  Mid.,  521.)— 16,  (Isocr.,  c.  Loch.,  396. 

-  Lvs.,  c.  Theomn.,  354.) 

JftL 


pies,  courts  of  justice,  public  offices,  or  ir.  pu"M!«i 
festivals,  had  to  pay  five  drachmae  ;  but,  as  Platner1 
has  observed,  the  law  of  Solon  was  probably  chan- 
ged, and  the  heavier  fine  of  500  drachmae  substitu- 
ted in  the  place  of  the  smaller  sum.  Demosthenes, 
in  his  oration  against  Meidias,2  speaks  of  a  fine  of 
1000  drachma? ;  but  this  is  probably  to  be  explained 
by  supposing  that  Demosthenes  brought  two  actions 
naKTiyopiag,  one  on  his  own  account,  and  the  other 
on  account  of  the  insults  which  Meidias  had  com- 
mitted against  his  mother  arvl  sister.3 

This  action  was  probably  brought  before  the  thejj- 
mothetae,*  to  whom  the  related  vupeug  ypcupf/  bo- 
longed. 

KAK0A0FIA2  AIKH.  (  Vid.  KAKHfOPIAX 
AIKH.) 

KAKOTEX'NIQN  AIKH  (kokotexviuv  SIktj)  cor- 
responds in  some  degree  with  an  action  for  subor- 
nation of  perjury.  It  might  be  instituted  against 
a  party  to  a  previous  suit,  whose  witnesses  had 
already  been  convicted  of  falsehood  in  an  action 
Tpevdofiaprvpitiv.*  It  has  been  also  surmised  that 
this  proceeding  was  available  against  the  same 
party  when  persons  had  subscribed  themselves 
falsely  as  summoners  in  the  declaration  or  indict- 
ment in  a  previous  suit  ;6  and  if  Plato's  authority 
with  respect  to  the  terms  of  Attic  law  can  be  con- 
sidered conclusive,  other  cases  of  conspiracy  aatl 
contrivance  may  have  borne  this  title.7  With  re- 
spect to  the  court  into  which  these  causes  were. 
brought,  and  the  advantages  obtained  by  the  sue 
cessful  party,  we  have  no  information.8 

KAKO'SIS  (KaKoatg),  in  the  language  of  the  Attic 
law,  does  not  signify  every  kind  of  ill-treatment,  but 

1.  The  ill-treatment  of  parents  by  their  children 
{KUKuaiq  yovtuv).  2.  Of  women  by  their  husbands 
(K&Kuaig  yvvctntiv).  3.  Of  heiresses  (nuKooig  tup 
ETtLK.'kTipuv).  4.  Of  orphans  and  widows  by  their 
guardians  or  any  other  persons  (Kancjaig  tuv  bpQa- 
vuv  kcli  xvp£Va0VGUV  yvvaiK&v). 

1.  KaKGxng  yoveuv  was  committed  by  those  who 
struck  their  parents,  or  applied  abusive  epithets  to 
them,  or  refused  them  the  means  of  support  when 
they  were  able  to  afford  it,  or  did  not  bury  them 
after  their  death,  and  pay  them  proper  honours.' 
It  was  no  justification  for  children  that  their  parents 
had  treated  them  badly.  If,  however,  they  were 
illegitimate,  or  had  not  received  a  proper  education 
from  their  parents,  they  could  not  be  prosecuted  for 
KaKuaig.10 

2.  KaKuaig  yvvainuv  was  committed  by  husbands 
who  ill-treated  their  wives  in  any  manner,  or  had 
intercourse  with  other  women,11  or  denied  their 
wives  the  marriage  duties  ;  for,  by  a  law  of  Solon, 
the  husband  was  bound  to  visit  his  wife  three  times 
every  month,  at  least  if  she  was  an  heiress.18  In 
the  comedy  of  Cratinus,  called  the  "  Wine  Flask" 
(YIvtIvt]),  Comedy  was  represented  as  the  wife  of 
Cratinus,  who  brought  an  action  against  him  be 
cause  he  neglected  her,  and  devoted  all  his  attention 
to  the  wine  fiask.13 

3.  Kanuaig  ruv  kKLKlrjpuv  was  committed  by  the 
nearest  relatives  of  poor  heiresses,  who  neither 
married  them  themselves,  nor  gave  them  a  dowry 
in  order  to  marry  them  to  persons  of  their  own 
rank  in  life  ;14  or,  if  they  married  them  themselTes, 
did  not  perform  the  marriage  duties.19 

4.  KuKUGig  tuv  bpipavuv  Kal  x7iP£V0~ovauv  yvvai- 

1.  (Process  bei  den  Attikern,  ii.,  192.)— 2.  (543.)— 3.  (Hudt 
walcker,  DiaHet.,  150.)— 4.  (Demosth.,  c.  Mid.,  511.)— 5.  (Hai- 
pocr.,  s.  v. — Demosth.,  c.  Ev.  and  Mnes.,  1  39,  11.) — 6.  (Meier, 
Att.  Process,  385.)— 7.  (Plato,  Leg,  x  936,  E.)—  8.  (Meier, 
Att.  Process,  45,  386.)— 9.  (Aristcph,  Av,  757,  1356.— Suid.,  s. 
v.  UeXapyiKdi  Nfyo?.)— 10.  (Meier,  Att.  Process,  p.  288.)— 11 
(Diog.  Laert.,  iv..  17. — Compare  Plut.,  Alcib.,  8.) — 12.  (Plut., 
Sol.,c.  20.— Erotic,  c.  23.)— 13.  (Schol.  m  Aristoph.,  Eqi  it.,  399.) 
— 14.  (Demosth.,  c.  Macart.,  1076. — Harpocr.,  s.  v.  'EiriSiKQS, 
e^rcj.— Suid.,  Phot.,  s.  v.  ei/reu'j-)— 15.  (Plut.,  Sol.,  c   20 


CADISKOI. 


CADUCCUS. 


uuv  was  committed  by  those  who  injured  in  any 
wav  either  orphans  or  widows,  both  of  whom  were 
considered  to  be  in  an  especial  manner  under  the 
protection  of  the  state.1  The  speech  of  Isaeus  on 
the  Inheritance  of  Hagnias,  is  a  defence  against  an 
Jicayytkia  Kanuceui  of  this  kind. 

All  these  cases  of  nunuatc  belonged  to  the  juris- 
diction of  the  chief  archon  (upxuv  knuvvpoc).  If  a 
poison  wronged  in  any  way  orphans,  heiresses,  or 
widows,  the  archon  could  inflict  a  fine  upon  them 
himself;  or,  if  he  considered  the  person  deserving 
of  greater  punishment,  could  bring  him  before  the 
heliaja.8  Any  private  individual  could  also  accuse 
parties  guilty  of  kukugic  by  means  of  laying  an  in- 
formation (elaayyE?ua)  before  the  chief  archon, 
though  sometimes  the  accuser  proceeded  by  means 
of  a  regular  indictment  (ypatyrj),  with  an  uvaKptaic 
before  the  archon.3  Those  who  accused  persons 
guilty  of  k&ku)gic  incurred  no  danger,  as  was  usual- 
ly the  case,  if  the  defendant  was  acquitted,  and  they 
did  not  obtain  the  fifth  part  of  the  votes  of  the  di- 
casts.* 

The  punishment  does  not  appear  to  have  been 
fixed  for  the  different  cases  of  kukugic,  but  it  was 
generally  severe.  Those  found  guilty  of  kukugic 
yovtov  lost  their  civil  rights  (un/xia),  but  were  al- 
lowed to  retain  their  property  (ovrot  uti/j.oi  rjaav  to. 
sjufxara,  tu  6e  xPWaTa  e'LXov5)^  Du^  if  the  kukugic 
consisted  in  beating  their  parents,  the  hands  of  the 
offenders  might  even  be  cut  off.6 

*CACTUS  (/ca/crof),  a  species  of  plant.  Spren- 
gel  inclines  to  the  opinion  that  it  was  the  kind  of 
artichoke  called  Cardoon,  namely,  the  Cinara  car- 
dunculus.  Stackhouse  suggests  that  it  was  the 
Cactus  opuntia,  or  Indian  Fig.  The  locality  of  the 
kuktoc  of  Theophrastus  does  not  suit  well  with  ei- 
ther of  these  plants.  Schneider  proposes  the  Acarna 
cancellata.  Sprengel's  opinion  is,  perhaps,  after  all, 
the  more  correct  one,  and  is  advocated  by  Fee. 
Fliny  describes  the  Cactus  as  growing  only  in  Si- 
cily.7 

CADA'VER.     (Vid.  Funus.) 

CADISKOI  or  CADOI,  also  CADDISKOI  (na- 
6Lokol,  fcddoi,  KaddioKoi6),  were  small  vessels  or 
urns,  in  which  the  counters  or  pebbles  of  the  di- 
casts  were  put,  when  they  gave  their  votes  on  a 
trial.9  There  were,  in  fact,  usually  two  KadioKoi : 
one,  that  in  which  the  voting  pebble  was  put ;  this 
was  made  of  copper  :  the  other,  that  in  which  the 
other  pebble,  which  had  not  been  used,  was  put ; 
this  was  made  of  wood.10  Those  who  did  not  vote 
at  all  put  both  their  pebbles  into  the  latter,  which 
was  called  the  aavpoc  Kadionot,  while  the  other  was 
called  ttvpioc  Kadionoc.  After  all  had  voted,  the  pre- 
siding officer  emptied  the  counters  or  pebbles  from 
the  metal  urn,  the  nvptoc  Kadlcnoc,  and  counted  them 
on  a  table,  and  judgment  wras  then  given  according- 
ly.11 The  pebbles  were  distinguished  from  one  an- 
other by  proper  marks.  Formerly  only  one  urn  had 
been  used  ;  and  the  dicasts  kept  the  counter  which 
they  did  not  use.13  This  vessel  was  called  also 
afupopevc.  Sometimes,  also,  the  dicasts  had  only 
one  counter  each,  and  there  were  two  KadioKoi,  one 
for  acquitting,  the  other  for  condemning.13 

When  there  were  several  contesting  parties,  there 
were  several  nadiaKoi,  according  to  the  number  of 
the  parties ;  as  in  Demosthenes1*  there  were  four. 

1.  (Demosth.,  _c.  Macart.,  1076. — 6  a'pxw;',  bans  tTTeneXtiro 
Tu>v  x</pwv  Kal  tu)v  ifjQavibv:  Ulpian.,  ad.  Demosth.,  c.Timocr.) 
— 2.  (Demosth.,  c.  Macart.,  1076,  Lex.) — 3.  (Demosth.,  c.  Pan- 
tsenct.,  980.) — 4.  (Harpocr.,  ».  v.  EiVayysAtVi.) — 5.  (Andoc,  De 
Mysf.j  36.  —  Xen.,  Mem.,  ii.,  2,  t)  13.)  —  6.  (Meursius,  Them. 
Attic,  i.,  2.)— 7.  (Theophrast.,  II.  P.,  vi.,  4.  — Theocr.,  Id.,  x., 
4.— Adams,  Append.,  s.  v.)— 8.  (Pollux,  Onom.,  x.,  15-20.) — 9. 
(Harpocr.,  s.  v.)  — 10.  (Isa:us,  De  Ha?n.  Hered.,  i>  281.— Ly- 
curg..  c.  Leoorat.,  240.)— 1 1 .  (Meier,  Att.  Process,  p.  720-724.)— 
12.  (Pollux,  Onom.,  viii.,  125.)— 13.  (Meier,  Att.  Process,  p. 
724.)  -14    ;c  Macart  ,  p.  J053,  10,    ed.  Bekker.) 


The  dicasts  then  had  either  one  pebble,  which  they 
put  into  the  ko.6lgkoc  of  the  party  in  whose  favour 
they  meant  to  vote  ;  or  they  had  as  many  pebbles 
as  there  were  Kadio/coi  (but  only  one  favourable  one 
among  them),  which  they  put  in  according  to  their 
opinion.1  The  pebble  was  dropped  into  the  urn 
through  a  long  tube,  which  was  called  K7/p.6c.2  The 
noise  which  the  pebble  made  in  striking  against  the 
bottom  of  the  nadionoc  was  represented  by  the  syl- 
lable Koy^.3 

*CADMEIA  or  CAD'MIA  (Kadpeia  or  -pla),  a 
species  of  earth,  as  the  ancients  termed  it ;  more 
correctly,  however,  Calamine,  or  an  ore  of  zinc. 
Geoffroy  says,  "  The  dealers  in  metals  call  by  the 
name  of  Cadmia  the  Lapis  Calaminaris,  used  in 
making  copper  into  brass."  Dr.  Kidd  calls  it  a  na- 
tive oxyde  of  zinc.  According  to  Dr.  Hill,  the 
Cadmia  factitia  of  the  ancients  was  a  recrement 
of  copper,  produced  in  the  furnaces  where  that  met- 
al was  separated  from  its  ore.  According  to  Spren- 
gel,  the  kind  called  (3oTpvircc,  or  clustered  Cadmia, 
was  our  Tutty ;  it  consists  of  zinc  with  a  small 
proportion  of  copper.  The  kwkvlttjc ,  or  Smoky  Cad- 
mia, according  to  Dr.  Hill,  was  a  fine  powder  col- 
lected at  the  mouths  of  the  furnaces.  The  irlani- 
ric,  or  Crust-like  Cadmia,  was  the  coarsest  and 
heaviest  of  all.*  "With  Cadmia  (or  an  ore  of 
zinc),"  observes  Dr.  Moore,  "the  ancients  were  well 
acquainted,  though  they  are  commonly  supposed 
not  to  have  known  zinc  itself,  except  as  combined 
with  copper  in  the  form  of  brass.  But  a  passage  in 
Strabo  authorizes  the  belief  that  they  also  knew 
this  metal  in  its  separate  state.  The  geographei 
says,5  that  near  Andeira,  a  town  of  Troas,  is 
found  a  stone,  which,  being  burned,  becomes  iron, 
and  distils  false  silver  (uTzooTafyi  tyevdupyvpov)  when 
heated  in  a  furnace  together  with  a  certain  earth, 
which,  receiving  the  addition  of  copper,  forms  the 
alloy  that  some  call  brass  (bpeixaAKov).  He  adds 
respecting  this  false  silver,  which  was  probably  our 
zinc,  that  it  occurs  also  near  Tmolus.  Stephanus 
states  the  same  thing  in  somewhat  clearer  words, 
and  refers  to  both  Theopompus  and  Strabo  as  au- 
thorities.— This  earth,  which  is  supposed  to  derive 
its  name,  Cadmia,  from  Cadmus,  son  of  Agenor,' 
who  first  introduced  at  Thebes  the  making  of  brass,7 
is  spoken  of  by  Aristotle,8  who  informs  us  that  the 
Mossynoecians  had  anciently  prepared  a  brass  of  a 
pale  colour  and  superior  lustre,  mixing  it  not  with 
tin,  but  with  a  certain  earth  found  among  them. 
Theophrastus  alludes  to  the  same,  but  without  na- 
ming it.  Pliny9  repeatedly  speaks  of  Cadmia,  but 
it  is  evident  that  he  does  not  always  mean  one  and 
the  same  thing.  Cadmia  seems  to  have  signified 
with  him  not  only  our  Calamine,  but  a  copper  ore 
which  contained  zinc  ;  and  the  same  name  was  ex- 
tended to  what  the  Germans  call  ojfenbruch,  *  fur- 
nace-calamine ;'  which,  in  melting  ores  that  con- 
tain zinc,  or  in  making  brass,  falls  to  the  hottum  of 
the  furnace,  and  contains  more  or  less  of  calcined 
zinc."10 

CADU'CEUS  (nrjpvKEiov,  KqpvKiov,11  KrjpvK^iov12) 
was  the  staff  or  mace  carried  by  heralds  and  am 
bassadors  in  time  of  war.13  This  name  is  also  given 
to  the  staff  with  which  Hermes  or  Mercury  is  usu 
ally  represented,  as  is  shovvn  in  the  following  figure 
of  Hermes,  taken  from  an  ancient  vase,  which  is 
given  in  Millin's  Peinlurcs  de  Vases  antiques.1* 

The  caduceus  was  originally  only  an  olive-branch 

1.  (Meier,  Att.  Process.)— 2.  (Photius,  s.  v.— Pollux,  Onom., 
x.,  15.)— 3.  (Philol.  Museum,  vol.  i.,  p.  425,  note.)-^.  (Dioscoir., 
v.,  85.  —  Paul.  JEgin.,  vii..  3.— Adams,  Append.,  s.  v.)  —5.  (p. 
610.)— 6.  (Hardouin,  ad  Plin.,  vol.  ix..  p.  195.)— 7.  (Hygin., 
Fab.,  272.)— 8.  (Op.,  vol.  i.,  p.  1155,  E.)— 9.  (II.  N.,  xxxiv.,  1 
xxxiv.,  10,  &c.)— 10.  (Moore's  Anc.  Mineral.,  p.  49,  seqq.)— 11 
(Thucyd.,  i.  53.)— 12.  (Herod.,  ix.,  1 00.) -- 13.  (Pollux  Jnoia  , 
viii.,  138.)— 14.  (vol.  i.,  pi.  70.) 

185 


(LEC1.BUM  VINUM. 


C^ERITUM  TABULAE. 


with  the  crfy/iamv,  which  were  afterward  formed 
into  snakes.1  Later  mythologists  indented  tales 
about  these  snakes.  Hyginus  tells  us  that  Mercury 
once  found  two  snakes  fighting,  and  divided  them 
with  his  wand;  from  which  circumstance  they  were 
used  as  an  emblem  of  peace.8 


From  caduceus  was  formed  the  word  caduceator, 
which  signified  a  person  sent  to  treat  of  peace.3 
Thus  Aulus  Gellius*  tells  us  that  Q.  Fabius  sent  to 
the  Carthaginians  a  spear  and  a  caduceus  as  the 
emblems  of  war  or  peace  (kastam  et  caduceum,  signa 
duo  belli  aut  pads).  The  persons  of  the  caduceatores 
vrere  considered  sacred.5 

It  would  appear,  however,  tiiat  the  Roman  am- 
bassadors did  not  usually  carry  the  caduceus,  since 
Marcian6  informs  us  that  the  Roman  ambassadors 
carried  vervain  (segmina)  that  no  one  might  injure 
them,  in  the  same  manner  as  the  Greek  ambassa- 
dors carried  the  cerycia  (nrjpvKia). 

CADU'CUM.     (Jid.  Bona  Caduca.) 

CADUS  (nadoc,  naddoc),  a  large  earthen  vessel, 
which  was  used  for  several  purposes  among  the 
ancients.  Wine  was  frequently  kept  in  it ;  and  we 
learn  from  an  author  quoted  by  Pollux,  that  the 
amphora  was  also  called,  cadus.7  The  vessel  used 
in  drawing  water  from  wells  was  called  cadus,8  or 
yavloc.9  The  name  of  cadus  was  sometimes  given 
to  the  vessel  or  urn  in  which  the  counters  or  peb- 
bles of  the  dicasts  were  put  when  they  gave  their 
vote  on  a  trial,  but  the  diminutive  Kadicnoc  was 
more  commonly  used  in  this  signification.  (Vid. 
Cadiskoi.) 

*C^E'CUBUM  VINUM,  a  name  given  to  a  wine 
which  was  at  one  time  the  best  growth  of  the  Fa- 
lernian  vineyards.  "  Formerly,"  says  Pliny,10  "the 
Caecuban  wine,  which  came  from  the  poplar  marshes 
of  Amyclae,  was  most  esteemed  of  all  the  Campa- 
nian  wines ;  but  it  has  now  lost  its  repute,  partly 
from  the  negligence  of  the  growers,  and  partly 
from  the  limited  extent  of  the  vineyard,  which  has 
been  nearly  destroyed  by  the  navigable  canal  that 
was  begun  by  Nero  from  Avernus  to  Ostia."  The 
Caecuban  is  described  by  Galen11  as  a  generous,  du- 
rable wine,  but  apt  to  afreet  the  head,  and  ripening 
only  after  a  long  term  of  years.  In  another  place13 
he  remarks  that  the  Bithynian  white  wine,  when 

1.  (Miiller,  Avchaeologie  der  Kunst,  p.  504.) — 2.  (Compare 
Pbn.,  II.  N.,xxix.,  3) — 3.  (Liv.,  xxxii.,  32. — Nep.,  Hannib.,  c. 
11.— Amm.  Marcell.,  xx.,  7.)  — 4.  (x.,  27.)— 5.  (Cato,  ap.  Fest., 
b.  v.— Cic,  De  Orat.,  1,  46.)-6.  (Pig.  1,  tit.  8,  s.8.)  — 7.  (Pol- 
lux, Ojom.,  x.,  70,  71. — Suid.,  s.  v.  icdSos.) — 8.  (f/c  t&v  Qpedrwv 
tovs  KdSovs  ivWanSdveiv :  Aristoph.,  Eccles.,  1003. — Pollux, 
Onom.,  x.,  31.)— 9.  (Suid..  s.  v.  yauA<5j.)— 10.  (H.  N.,  xiv.,  6.) 
-11.  (Athenseus,  i.,  21.)— 12.  (Oribasius,  v.,  6.) 


very  old,  passed  with  the  R-omans  for  Csecuban ; 
but  that,  in  this  state,  it  was  generally  bitter  and 
unfit  for  drinking.  From  this  analogy  we  may  con- 
clude that,  when  new,  it  belonged  to  the  class  of 
rough,  sweet  wines.  It  appears  to  have  been  one 
of  Horace's  favourite  wines,  of  which  he  speaks, 
in  general,  as  having  been  reserved  for  important 
festivals.  After  the  breaking  up  of  the  principal 
vineyards  which  supplied  it,  this  wine  would  ne- 
cessarily become  very  scarce  and  valuable.1 
CJELATU'RA.  (Vid.  Bronze,  p.  179.) 
*C^EPA  or  C^EPE  (KpSjufivov),  the  Onion,  or  Al- 
lium Cepa,  L.  The  Greeks  had  numerous  kinds,  or, 
rather,  varieties  of  this  vegetable,  which  are  men- 
tioned by  Dioscorides.3  The  Romans,  on  the  other 
hand,  had  two  principal  kinds,  the  Pallacana  and 
the  Condimentarium,  the  latter  of  which  was  sub- 
divided into  many  species.  The  Pallacana  (ccepa) 
had  hardly  any  head,  and  consisted  principally  of  a 
long  stem :  it  admitted  of  being  often  cut.  The 
Condimentarium  (ceepe),  so  called  because  it  could 
be  potted  and  kept  for  use,  was  likewise  termed 
Capitatum,  from  its  exuberant  head.  —  "  Though 
the  history  of  the  onion  can  be  but  imperfectly 
traced  in  Europe,  there  is  no  doubt  as  to  its  great 
antiquity  in  Africa,  since  there  is  evidence  to  show 
that  this  bulb  was  known  and  much  esteemed  in. 
Egypt  2000  years  before  Christ.  Juvenal,3  indeed, 
says  that  the  Egyptians  were  forbidden  to  eat  the 
onion,  this  vegetable  having  been  deified  by  them. 
The  prohibition,  however,  seems  only  to  have  ex- 
tended to  the  priests,  who,  according  to  Plutarch,* 
'  abstained  from  most  kinds  of  pulse ;'  and  the  ab 
horrence  felt  for  onions,  according  to  the  same 
author,  was  confined  to  the  members  of  the  sa- 
cerdotal order.  That  onions  were  cultivated  in 
Egypt,  is  proved,"  continues  Wilkinson,  "from  the 
authority  of  many  writers,  as  well  as  from  the 
sculptures  ;  their  quality  was  renowned  in  ancient, 
and  has  been  equally  so  in  modern  times  ;  and  the 
Israelites,  when  they  left  the  country,  regretted  the 
1  onions,'  as  well  as  the  cucumbers,  the  melons,  the 
leeks,  the  garlic,  and  the  meats  they  '  did  eat'  in 
Egypt.  Among  the  offerings  presented  to  the  gods, 
both  in  the  tombs  and  temples,  onions  are  intro- 
duced, and  a  priest  is  frequently  seen  holding  them 
in  his  hand,  or  covering  an  altar  with  a  bundle  of 
their  leaves  and  roots.  Nor  is  it  less  certain  that 
they  were  introduced  at  private  as  well  as  public 
festivals,  and  brought  to  table  with  gourds,  cucum 
bers,  and  other  vegetables  ;  and  if  there  is  an) 
truth  in  the  notion  of  their  being  forbidden,  we  may 
conclude  that  this  was  entirely  confined  to  the 
priestly  order.  The  onions  of  Egypt  were  mild 
and  of  an  excellent  flavour,  a  character  enjoyei 
by  them  at  the  present  day ;  and  they  were  eaten 
crude  as  well  as  cooked,  by  persons  both  of  the 
higher  and  lower  classes.  It  is  difficult,  however, 
to  say  if  they  introduced  them  to  table  like  the  cab- 
bage, as  a  hors  d'oeuvre  to  stimulate  the  appetite, 
which  Socrates  recommends  in  the  Banquet  of 
Xenophon.  On  this  occasion,  some  curious  reasons 
for  their  use  are  brought  forward  by  different  mem- 
bers of  the  party.  Nicerates  observes  that  onions 
relish  well  with  wine,  and  cites  Homer  in  support 
of  his  remark  ;  Callias  affirms  that  they  inspire 
courage  in  the  hour  of  battle  ;  and  Charmides  sug- 
gests their  utility  in  deceiving  a  jealous  wife,  who, 
finding  her  husband  return  with  his  breath  smelling 
of  onions,  would  be  induced  to  believe  he  had  not 
saluted  any  one  while  from  home."5 

C^ER'ITUM  TABULAE.  The  inhabitants  of  Caere 
obtained  from  the  Romans,  in  early  times,  the  Ro- 

1.  (Henderson's  Hist.  Anc.  Wines,  p.  85,  87.)— 2.  (ii.,  180.)- 
3.  (Sat.,  xiv.,  9.)— 4.  (Is.  et  Os.,  5  et  8.)-  5.__  (Wilkinson's  Man- 
ners and  Customs  Anc.  Egypt,  vol.  ii.,  p.  373,  seq.) 


KALAMOS. 


CALUMT1CA. 


man  franchise,  but  without  the  suffragium.1  Some 
ancient  writers  thought  that  the  Caerites  originally 
had  the  full  franchise,  and  were  afterward  deprived 
of  the  suffragium.3  The  names  of  the  citizens  of 
Caere  were  kept  at  Rome  in  lists  called  tabula  C<z- 
ritum,  in  which  the  names  of  all  other  citizens  who 
had  not  the  suffragium  appear  to  have  been  entered 
in  later  times.  All  citizens  who  were  degraded  by 
the  censors  to  the  rank  of  asrarians  were  classed 
among  the  Caerites  ;  and  hence  we  find  the  expres- 
sions of  cerarium  facere3  and  in  labulas  Cceritum  rc- 
ferri*  used  as  svnonymous.     (Vid.  JErarii.) 

*CALAMINT  HE  (KaXafiivdn),  a  shrub,'  which 
Sprengel,  in  the  first  edition  of  his  R.  H.  H.,  makes 
to  be  the  Melissa  Cretica;  but  in  his  second,  the 
Thymus  nepeta,  or  Catmint.  In  his  edition  of  Dios- 
corides  he  calls  the  first  species  the  Melissa  Cretica; 
the  second,  the  Thymus  nepeta.  Scop.  ;  and  the 
third,  the  Melissa  altissima.* 

CALAMIS'TRUM,  an  instrument  made  of  iron, 
and  hollow  like  a  reed  (calamus),  used  for  curling 
the  hair.  For  this  purpose  it  was  heated,  the  per- 
son who  performed  the  office  of  heating  it  in  wood- 
ashes  (cinis)  being  called  ciniflo  or  cinerarius.6 

This  use  of  heated  irons  was  adopted  very  early 
among  the  Romans,7  and  became  as  common 
among  them  as  it  has  been  in  modern  times.8  In 
the  age  of  Cicero,  who  frequently  alludes  to  it,  the 
Roman  youths,  as  well  as  the  matrons,  often  ap- 
peared with  their  hair  curled  in  this  manner  (cala- 
mistrati).  We  see  the  result  in  many  antique  stat- 
ues and  busts. 

CAL'AMUS  (Kd?.afioc9),  a  sort  of  reed  which  the 
ancients  used  as  a  pen  for  writing.10  The  best  sorts 
were  got  from  ^Egypt  and  Cnidus."     So  Martial,12 

"  Dat  chartis  habilcs  calamos  Memphitica  tellus." 

When  the  reed  became  blunt,  it  was  sharpened  with 
a  knife,  scalprum  librarium;13  and  to  a  reed  so 
sharpened  the  epithet  temperatus,  used  by  Cicero, 
probably  refers,1*  "  calamoet  atramento  tempcrato  res 
agetur."  One  of  the  inkstands  given  under  the  ar- 
ticle Atramentum  has  a  calamus  upon  it.  The 
calamus  was  split  like  our  pens,  and  hence  Auso- 
nius15  calls  it  Jissipes,  or  cloven-footed. 

*KAA'AM02  apufiaTiKoc.  Sprengel  feels  little 
hesitation  in  deciding  that  this  is  the  Acorus  Cala- 
mus, or  Sweet  Flag.  Schneider  states  that  Stack- 
house,  in  the  second  edition  of  his  work,  is  disposed 
to  refer  the  nakap.oc  evocfioe  of  Theophrastus  to  the 
same.  The  term  k-niyeioc  also  occurs  in  Theophras- 
tus.    (Vid.  Saccharum.16) 

*KAA'AM02  typayiMLTTjc.  All  agree  that  this  is 
the  Arundo  phragmitis,  L.,  or  common  Reed.  Spren- 
gel refers  the  Kulafxog  xapaiciac  of  Theophrastus  to 
the  same.17 

*KAA'AM02  avTujTiKoc,  the  same  as  the  66va%, 
and,  consequently,  the  Arundo  donax.1*  (Vid.  Donax.) 

*KAA'AM02  6  vaoroc.  The  early  commentators 
on  Dioscorides  have  settled  the  identity  of  this  with 
ihe  to^lkoc  of  Theophrastus  ;  and  Sprengel  refers  it 
very  properly,  as  Adams  thinks,  to  the  Arundo  are- 
7  aria,  or  sea-side  Reed.19 

♦KAA'AMOS  6  'IvdtKoc,  most  probably  the  Bam- 
boo Cane,  or  Bambusa  Arundinacca.  Mention  of  the 
Bamboo  Cane  is  made  by  Herodotus,  and  also  by 

1.  (Gell.,  xvi.,  13.—  Strabo,  v.,  p.  220.)— 2.  (Schol.  in  Hor., 
Epist.,  I.,  vi.,  63.)— 3.  (Gell.,  iv.,  12.)-4.  (Gell.,  xvi.,  13.) 
— *5.  (Dioscor.,  iii.,  37. — Theophrast.,  C.  P.,  ii.,  16. — Adams, 
Append.,  s.  v.)— 6.  (Hor.,  Sat.,  I.,  ii.,  98.  —  Heindorf,  ad 
loc.)— 7.  (Plaut.,  Asin.,  III.,  iii.,  37.)— 8.  (Virg.,  JEn.,  xii., 
100. — Servius. — Hevne  -  ad  loc.) — 9.  (Pollux,  Onom.,  x.,  15.) 
—10.  (Cic,  ad  Att.,  vi",  9.— Hor.,  Ep.  ad  Pis.,  447.)— 11.  (Plin., 
H.  N.,  xvi.,  36,  64.)— 12.  (xiv.,  38.)— 13.  (Tacit.,  Ann.,  v.,  8.— 
Suet ,  Vitell.,  2.)— 14.  (Cic,  ad  Q.  Fratr.,  ii.,  15.)— 15.  (vii., 
49.)— 16.  (D:oscor.,  i.,  17.— Theophrast.,  H.  P.,  iv.,  11.)— 17. 
(Dioscor.,  i.,  114.— Theophrast.,  H.  P.,  iv.,  12.)— 18.  (Theo- 
phrast., H.  P.,  iv.,  12.)— 19.  (Diosoor.,  i.,  114 —Theophrast., 
H.  P..  iv.,  11.) 


Ctesias.  (Vid.  Saccharum.)  The  KuXa/ioc  'ivdiKt^ 
u-KoltTadufievoc  o'S  Theophrastus,  or  petrified  Cala- 
mus Indicus,  was  one  of  the  starry-surfaced  fossd 
Coralloids.  "  It  was  not  named  so  without  rea- 
son," observes  Hill,  "  for  the  specimen  which  I  have 
of  it  very  prettily  and  exactly  resembles  that  bedy."1 
*CALCIFRAGA.  (Vid.  Empetron.) 
CALANT'ICA  or  CALVA'TICA,  a  head-dress. 
This  word  is  sometimes  given  as  answering  to  the 
Greek  KEK.pvtya7.oe,  but  the  Latin  reticulum  (quod  ca- 
pillum  contineret,  dictum  a  rete  reticulum?)  corre- 
sponds better  to  KEKpvtyaloc,  which  was  a  caul  or 
coif  of  network  for  covering  the  hair,  and  was 
worn  by  women  during  the  day  as  well  as  the  night. 
This  kind  of  covering  for  the  head  was  very  an- 
cient, for  it  is  mentioned  by  Homer,3  and  it  also 
appears  to  have  been  commonly  used.  It  occurs  in 
several  paintings  found  at  Pompeii,  from  one  of 
which  the  following  cut  is  taken,  representing  Nep- 
tune and  a  nymph,  on  whose  head  this  kind  of  net 
work  appears.4 


The  persons  who  made  these  nets  were  called 
KEKpytyaTiOirAoKoi*  and  also  aaKxvtyuvrai,6  according 
to  Pollux,7  who  explains  the  word  by  ol  tt?^kovtec 
rale  yvvaitjl  robe  KEKpvtyaXovg.  These  nets  appear 
to  have  been  sometimes  made  of  gold  threads,8  and 
at  other  times  of  silk,9  or  the  Elean  byssus,10  and 
probably  of  other  materials  which  are  not  mentioned 
by  ancient  writers. 

The  head-dress  made  of  close  materials  must  be 
distinguished  from  the  KEKpvtyaloc.  or  reticulum.  The 
former  was  called  mitra  or  calanlica,  which  words 
are  said  to  be  synonymous,11  though  in  a  passage 
in  the  Digest12  they  are  mentioned  together  as  if 
they  were  distinct.  Such  head-dresses  frequently 
occur  in  paintings  on  vases.  Their  forms  are  very 
various,  as  the  two  following  woodcuts,  taken  from 
Millin,  Peintures  de  Vases  Antiques,13  will  show. 

The  first  is  an  exact  copy  of  the  painting  on  the 
vase,  and  represents  a  man  and  a  woman  reclining 
on  a  couch,  with  a  small  figure  standing  by  the 
woman's  side,  the  meaning  of  which  is  not  quite 
clear. 

Tl/e  next  woodcut  only  contains  a  part  of  the 


1.  (Theophrast.,  H.  P.,  iv.,  11.— Id.,  De  Lapid.,  68.— Adams, 
Append.,  s.  v.)— 2.  (Varro,  De  Ling.  Lat.,  v.,  29.)— 3.  (II.,  xxii., 
469.)— 4.  (Museo  Borbonico,   vol.   vi.,  pi.   18.)  — 5.    (Pollux, 
Onom.,  vii.,  179.)— 6.  (Demosth.,  c.  Olympiod.,  c.  3,  p.  1170.) — 
7.  (Onom.,  x.,  192.)— 8.  (Petron,  c.  67.— Juv.,  ii.,  96.)— 9.  (Sal 
mas.,  Exerc.  ad  Solin.,  p.  392.)— 10.  (Paus.,  vii.,  21,  t>  7.)  -11 
(Serv.,  ad^n.,  ix.,616.)— 12.  (34,  tit.  2.  s.  25,  $  10.)— 13.  (vo' 
i.,  pi.  59  ;  vol.  ii.,  pi.  43.) 

'87 


CALATHUS. 


CALCEUS. 


original  painting,  which  consists  of  many  other  fe- 
male figures,  engaged  in  the  celebration  of  certain 
mysteries. 

The  mitra  was  originally  the  name  of  an  eastern 
head-dress,  and  is  sometimes  spoken  of  as  charac- 
teristic of  the  Phrygians.1  Pliny2  says  that  Poly- 
jrnotus  was  the  first  who  painted  Greek  women 
'■aitris  versicolor ibus. 


It  appears  from  a  passage  in  Martial3  (fortior  in- 
tortos  servat  vesica  capillos)  that  a  bladder  was  some- 
times used  as  a  kind  of  covering  for  the  hair. 

CAI/ATHUS,  dim.  CALATHIS'CUS  (Kaladog, 
naladiGKoc),  also  called  TA'AAPOS,  usually  signi- 
fied the  basket  in  which  women  placed  their  work, 
and  especially  the  materials  for  spinning.  Thus 
Pollux*  speaks  of  both  rdlapoc  and  Kakadog  as  tt/c 
yvvaiKuvtrtdog  gkevt]  :  and  in  another  passage*  he 
names  them  in  connexion  with  spinning,  and  says 
that  the  ralapoe  and  KaladiGnog  were  the  same. 
These  baskets  were  made  of  osiers  or  reeds ; 
whence  we  read  in  Pollux6  izIekelv  raXapovc  koc 
KalaQLcKovc,  and  in  Catullus,7 

"Ante  pedes  autem  candentis  mollia  lanes 
Vellera  virgati  custodibant  calathisci.'''' 

Thny  appear,  however,  to  have  been  made  in  earlier 
times  of  more  valuable  materials,  since  we  read  in 
Homer8  of  a  silver  rakapoc.  They  frequently  occur 
in  paintings  on  vases,  and  often  indicate,  as  Bbtti- 
ger9  has  remarked,  that  the  scene  represented  takes 
place  in  the  gynaeconitis,  or  women's  apartments. 
In  the  following  woodcut,  taken  from  a  painting  on 
a  vase,19  a  slave,  belonging  to  the  class  called  qua- 
eillaria?,  is  presenting  her  mistress  with  the  calathus, 
in  which  the  wool  was  kept  for  embroidery,  &c. 

Baskets  of  this  kind  were  also  used  for  other  pur- 
poses," such  as  for  carrying  fruits,  flowers,  &c.18 

1.  (Virg.,  JEn.,  ix.,  616,  seq.)— 2.  (H.  N.,  xxxv.,  35.)— 3. 
(VIII.,  xxxiii.,  19.)  — 4.  (x.,  125.)— 5.  (vii.,  29.)— 6.  (vii.,  173.) 
—7.  (lxiv.,  319.)— 8.  (Od.,  iv.,  125.)— 9.  (Vasengem.,  iii.,  44.) 
— 10.  (Millin,  Peintures  de  Vases  Antiques,  vol.  i.,  pi.  4.)  —  11. 
(BT-ttiger,  Sabina,  v>l.  ii.,  p.  252,  258.)  — 12.  (Ovid,  Art.  Am., 
j.,264.) 

188 


The  name  of  calathi  was  also  given  to  cuj  s  for  hold* 


mg  wine. 


j 


fr-> 


Calathus  was  properly  a  Greek  word,  though  used 
by  the  Latin  writers.  The  Latin  word  correspond- 
ing to  it  was  qualus*  or  quasillus.3  From  quasillius 
came  quasillaria,  the  name  of  the  slave  who  spun, 
and  who  was  considered  th  3  meanest  of  the  female 
slaves  (Convocat  omnes  quasillarias,  familiceque  sor- 
dissimam  partem*). 

CALCAR,  a  spur,  that  is,  a  goad  attached  to  the 
heel  (calx)  in  riding  on  horseback,  and  used  to  urge 
on  the  horse  to  greater  swiftness.5 

The  early  adoption  of  this  contrivance  by  the  Ro- 
mans appears  from  the  mention  of  it  in  Plautus* 
and  Lucretius.7  It  is  afterward  often  alluded  to  by 
Cicero,8  Ovid,9  Virgil,10  and  subsequent  Roman  au- 
thors. On  the  other  hand,  we  do  not  find  that  the 
Greeks  used  spurs,  and  this  may  account  for  the 
fact  that  they  are  seldom,  if  ever,  seen  on  antique 
statues. 

The  spurs  of  a  cock  are  called  calcaria..' 

CALCEUS  (dim.  CALCEOLUS),  CALCEA- 
MEN,  CALCEAMENTUM  (vKodij/ia,  irediTiov),  a 
shoe  or  boot,  anything  adapted  to  cover  and  preserve 
the  feet  in  walking. 

The  use  of  shoes  was  by  no  means  universal 
among  the  Greeks  and  Romans.  The  Homeric  he- 
roes are  represented  without  shoes  when  armed  for 
battle.  (Vid.  Arma,  Balteus.)  According  to  the 
institutions  of  Lycurgus,  the  young  Spartans  were 
brought  up  without  wearing  shoes  (avvirodrjoia1*),  in 
order  that  they  might  have  the  full  use  of  their  feet 
in  running,  leaping,  and  climbing.  Socrates,  Pho- 
cion,  and  Cato  frequently  went  barefoot  (avvnodr]- 
rof,13  pede  nudo1*).  The  Roman  slaves  had  no  shoes 
(nudo  talo15),  their  naked  feet  being  marked  with 
chalk  or  gypsum.  The  covering  of  the  feet  was  re- 
moved before  reclining  at  meals.  (Vid.  Ccena.) 
To  go  barefoot  also  indicated  haste,  grief,  distrac- 
tion of  mind,  or  any  violent  emotion,  as  when  the 
chorus  of  Oceanides  hasten  to  the  fettered  Prome- 
theus (airedcXoc16) ;  when  Venus  goes  in  quest  of 
Adonis  (aoavdaloc11),  and  when  the  vestals  flee  from 
Rome  with  the  apparatus  of  sacred  utensils.18  For 
similar  reasons,  sorceresses  go  with  naked  feet  when 
intent  upon  the  exercise  of  magical  arts19  (nuda  pe- 
dem,30  pedibus  nudis*1),  although  sometimes  one  foot 
only  was  unshod  (unum  exuta  pedem  vinclis22),  and 
is  so  painted  on  fictile  vases.  That  it  was  a  very 
rare  thing  at  Rome  to  see  a  respectable  female  out 
of  doors  without  shoes,  is  clear  from  the  astonish- 

1.  (Virg.,  Eel.,  v.,  71.)  — 2.  (Hor.,  Carm.,  III.,  xii.,  4.)  —  ?. 
i'Festus,  s.  v.  Calathus. — Cic,  Philip.,  iii.,  4.  —  Prop.,  IV.,  vii., 
37.)—  4.  (Petron.,  c.  132.— Compare  Tibull.,  IV.,  x.,  3,  and 
Heyne  in  loc.) — 5.  (Isidor.,  Orig.,  xx.,  16.) — 6.  (Asin.,  III.,  iii., 
118.)— 7.  (v.,  1074.)— 8.  (De  Orat.,  iii.,  9.— Ep.  ad  Alt.,  vi.,  1.) 
—9.  (Ep.  ex  Ponto,  ii.,  6,  38  ;  iv.,2,  35.)— 10.  ("ferrata  calce :" 
Virg.,  JEn.,  xi.,  714.)  — 11.  (Col.,  De  Re  Rust ,  viii.,  2.)  — 12. 
(Xen.,  Rep.  Lac,  2.)  —  13.  (Aristoph.,  Nub.,  1C3,  362.  -Xen., 
Mem.,  i.,  6,  t)  2.— Plut.,  Phoc.— Id.,  Cat.)— 14  (Epist.,  I.,  xix.j 
12.)  — 15.  (Jiiv.,  vii.,  16.)  — 16.  (iEsch.,  Prom.  Vinct.,  138,  ed. 
Blomf.)— 17.  (Bion,  i.,  21.)— 18.  (Flor.,  i.,  13.)— 19.  (Sen.,  Me- 
dea, iv.,  2,  14.)— 20.  (Ovid,  Met.,  vii.,  183.)— 21.  (Hor.,  Sat.,  I., 
viii.,  24.)— 22.  (Virg.,  ^En.,  iv.,  518.) 


CALCEUS. 


OALCEUS. 


ment  experienced  by  Ovid,  until  he  was  informed 
of  the  reason  of  it,  in  a  particular  instance. 
"  Hue  pede  matronam  vidi  descendere  nudo : 
Obstupui  tacitus,  sustinuique  gradum." 

The  feet  were  sometimes  bare  in  attendance  on 
iunerals.  Thus  the  remains  of  Augustus  were  col- 
lected from  the  pyra  by  noblemen  of  the  first  rank 
w  ith  naked  feet.1  A  picture  found  at  Herculaneum 
exhibits  persons  with  naked  feet  engaged  in  the 
worship  of  Isis  ;2  and  this  practice  was  observed  at 
Rome  in  honour  of  Cybele.3  In  case  of  drought,  a 
procession  and  ceremonies,  called  Nudipedalia,  were 
performed  with  a  view  to  propitiate  the  gods  by  the 
same  token  of  grief  and  humiliation.* 

The  idea  of  the  defilement  arising  from  contact 
with  anything  that  had  died,  led  to  the  entire  disuse 
of  skin  or  leather  by  the  priests  of  Egypt.  Their 
shoes  were  made  of  vegetable  materials  (calceos  ex 
papyrob).     {Vid.  Baxa.) 

Those  of  the  Greeks  and  Romans  who  wore 
shoes,  including  generally  all  persons  except  youths, 
slaves,  and  ascetics,  consulted  their  convenience, 
and  indulged  their  fancy,  by  inventing  the  greatest 
possible  variety  in  the  forms,  colours,  and  materials 
of  their  shoes.  Hence  we  find  a  multitude  of  names, 
the  exact  meaning  of  which  it  is  impossible  to  as- 
certain, but  which  were  often  derived  either  from 
the  persons  who  were  supposed  to  have  brought 
certain  kinds  of  shoes  into  fashion,  or  from  the  pla- 
ces where  they  were  procured.  We  read,  for  ex- 
ample, of  "  shoes  of  Alcibiades  ;"  of  "  Sicyonian," 
and  "  Persian,"  which  were  ladies'  shoes  ;6  of  "  La- 
conian,"  which  were  men's  shoes  ;7  and  of  "  Cre- 
tan," "  Milesian,"  and  "  Athenian"  shoes. 

The  distinctions  depending  upon  form  may  be  gen- 
erally divided  into  those  in  which  the  mere  sole  of 
a  shoe  was  attached  to  the  sole  of  the  foot  by  ties 
or  bands,  or  by  a  covering  for  the  toes  or  the  instep 
{vid.  Solea,  Crepida,  Soccus)  ;  and  those  which 
ascended  higher  and  higher,  according  as  they  cov- 
ered the  ankies,  the  calf,  or  the  whole  of  the  leg. 
To  calceamenta  of  the  latter  kind,  i.  e.,  to  shoes  and 
boots  as  distinguished  from  sandals  and  slippers, 


the  term  "  ealceus"  was  applied  in  its  proper  and 
restricted  sense. 

I.  (Suet.,  Octav.,  100.)— 2.  (Ant.  d'Ercol.,  ii.,320.)— 3.  (Pru- 
ilont.,  Peris.,  154.)— 4.  (Tcrtull.,  Apol.,  40.)— 5.  (Mart.  Capell., 
2.)— 0.  (Cic,  Do  Orat.,  i.,  54.— Hesych.)—  7.  (Aristoph.,  Thes., 
14'J.* 


Besides  the  difference  in  the  intervals  to  which 
the  ealceus  extended  from  the  sole  upward  to  the 
knee,  other  varieties  arose  from  its  adaptation  to 
particular  professions  or  modes  of  life.  Thus  the 
caliga  was  principally  worn  by  soldiers  ;  ihe  pkko 
by  labourers  and  rustics;  and  the  cothurnus  by 
tragedians,  hunters,  and  horsemen. 

Understanding  "  ealceus"  in  its  more  conf.iicd  ap- 
plication, it  included  all  those  more  complete  cover- 
ings for  the  feet  which  were  used  in  walking  out  ol 
doors  or  in  travelling.  As  most  commonly  worn, 
these  probably  did  not  much  differ  from  our  shoes, 
and  are  exemplified  in  a  painting  at  Herculaneum,1 
which  represents  a  female  wearing  bracelets,  a 
wreath  of  ivy,  and  a  panther's  skin,  while  she  is  in 
the  attitude  of  dancing  and  playing  on  the  cymbals. 
Her  shoes  are  yellow,  illustrating  the  fact  that  they 
were  worn  of  various  colours,  especially  by  females. 
(Vid.  preceding  woodcut.)  The  shoe-ties  (corrigim) 
are  likewise  yellow.  These  shoes  appear  light  and 
thin,  corresponding  to  the  dress  and  attitude  of  the 
wearer.  On  the  other  hand,  a  marble  foot  in  the 
British  Museum  exhibits  the  form  of  a  man's  shoe 
Both  the  sole  and  the  upper  leather  are  thick  and 
strong.  The  toes  are  uncovered,  and  a  thong  passes 
between  the  great  and  the  second  toe,  as  in  a  sandal. 


For  an  example  of  calcei  reaching  to  the  middle 
of  the  leg,  see  the  figure  of  Orestes  in  Amentum  (p. 
47).  In  the  Panathenaic  frieze  of  the  Parthenon, 
boots  much  like  his,  but  reaching  still  higher,  are 
worn  by  many  of  the  Athenian  horsemen.  They 
are  fastened  tightly  below  the  knee,  and  fit  closely 
in  every  part,  showing  how  completely  the  sculptoT 
avoided  the  reproach  of  making  the  foot  "  float"  in 
the  shoe  (natare*  eveov  ev  rale  e/x6dcnv3).  In  many 
statues  the  flaps  are  produced  by  turning  down  the 
head  and  claws  of  the  quadruped  out  of  whose  hide 
the  boot  was  made.  We  often  see  it  laced  in  front. 
(Vid.  Cothurnus.) 

Upon  no  part  of  their  dress  did  the  ancients  be- 
stow greater  attention  than  upon  this.  Theophras- 
tus*  considers  it  as  a  proof  of  rusticity  to  wear 
shoes  larger  than  the  foot.5  If,  on  the  one  hand, 
Ovid'  advises  the  lover,  "  Nee  vagus  in  lata  pes  tibi 
pelle  natet,"  we  find  Quintilian,  on  the  other  hand, 
laying  down  similar  maxims  for  the  statesman  and 
the  orator.7  Overnicety  produced  the  inconve 
nience  of  pinching  shoes,8  especially  when  they 
were  pointed  at  the  toes  and  turned  upward  (unci- 
nati).  Besides  the  various  and  splendid  colours  of 
the  leather,  the  patterns  still  existing  on  marble 
statues  show  that  it  was  cut  in  a  very  elaborate 
manner.  When  Lucullus  triumphed  after  his  vic- 
tories in  Asia,  he  displayed  fine  shoes  from  Syria, 
painted  with  spots  in  imitation  of  jewels.9  Real 
gems  and  gold  were  added  by  some  of  the  emper- 
ors, especially  Heliogabalup,  who  wore  beautiful  cam- 
eos on  his  boots  and  shres,  but  with  the  natural 
effect  of  exciting  ridicule  rather  than  admiration.10 

The  form  and  colour  of  the  ealceus  were  also 


1.  (Ant.  d'Ercol.,  i.,  ta/.  21.)— 2.  (Ovid.)— 3.  (Aristoph., 
Equit.,321.)— 4.  (Char.,4.)— 5.  (Compare  Hon,  Sat.,  I.,  iii.,32.) 
—6.  (De  Art.  Am.,  i ,  516.)— 7.  (Ins.  Or.,  xl.,  3,  p.  439,  cd.  Spald 
ing.)— 8.  (Hor.,  Ep.,  I.,  x.,  43.)— 9  (Serv.  in  JEn.,  iv.,  261.)- 
10    (Lamprid.,  Heliog.,  23— Alex   Sev.,  4.) 

189 


CALENDAR. 


CALENDAR. 


among  the  insignia  of  rank  and  office.  Those  who 
were  elevated  to  the  senate  wore  high  shoes  like 
buskins,  fastened  in  front  with  four  black  thongs 
{nigris  pcllibus1),  and  adorned  with  a  small  cres- 
cent.2 Hence  Cicero,3  speaking  of  the  assumption 
of  the  senatorial  dignity  by  Asinius,  says  mutavit 
calceos.  Another  man,  in  similar  circumstances, 
was  told  that  his  nobility  was  in  his  heels.4  Among 
the  calcei  worn  by  senators,  those  called  mullei, 
from  their  resemblance  to  the  scales  of  the  red  mul- 
let,8 were  particularly  admired ;  as  well  as  others 
called  alutae,  because  the  leather  was  softened  by 
the  use  of  alum.6 

CALCULA'TOR  (Xoyicr^g)  signifies  a  keeper  of 
accounts  in  general,  but  was  also  used  in  the  signi- 
fication of  a  teacher  of  arithmetic ;  whence  Martial7 
classes  him  with  the  notarius,  or  writing-master. 
The  name  was  derived  from  calculi,  which  were 
commonly  used  in  teaching  arithmetic,  and  also 
in  reckoning  in  general.  (Vid.  Abacus,  No.  VI.) 
Among  the  Greeks  the  XoyiGrrjc  and  ypa/j.fia~Lo-T7jg 
appear  to  have  been  usually  the  same  person. 

In  Roman  families  of  importance  there  was  a 
calculator  or  account-keeper,8  who  is,  however, 
more  frequently  called  by  the  name  of  dispensator 
or  procurator,  who  was  a  kind  of  steward.9 

CALCULI  were  little  stones  or  pebbles,  used  for 
various  purposes  ;  such,  for  example,  as  the  Athe- 
nians used  in  voting  {vid.  Cadiskoi),  or  such  as  De- 
mosthenes put  in  his  mouth  when  declaiming,  in 
order  to  mend  his  pronunciation.10  Calculi  were 
used  in  playing  a  sort  of  draughts.  (Vid.  Latrun- 
culi.)  Subsequently,  instead  of  pebbles,  ivory,  or 
silver,  or  gold,  or  other  men  (as  we  call  them)  were 
used,  but  still  called  calculi.  The  calculi  were  bi- 
colores.11  Calculi  were  also  used  in  reckoning,  and 
hence  the  phrases  calculum  ponere,1*  calculum  subdu- 
;ere.13     (Vid.  Abacus,  No  VI.) 

CALDA.     (Vid.  Calida.) 

CALDA'RIUM.     (Vid.  Baths,  p.  149.) 

CALENDAR  (GREEK).  The  Greek  year  was 
divided  into  twelve  lunar  months,  depending  on  the 
actual  changes  of  the  moon.  The  first  day  of  the 
month  (vovfx.7]via)  was  not  the  day  of  the  conjunc- 
tion, but  the  day  on  the  evening  of  which  the  new 
moon  first  appeared ;  consequently  full  moon  was 
the  middle  of  the  month,  and  is  called  6ix6fj.7]vig,  or 
"the  divider  of  the  month."1*  The  lunar  month 
consists  of  29  days  and  about  13  hours  ;  according- 
ly, some  months  were  necessarily  reckoned  at  29 
days,  and  rather  more  of  them  at  thirty  days.  The 
latter  were  called  full  months  (7tXtjpuc),  the  former 
hollow  months  (kolXol).  As  the  twelve  lunar  months 
fell  short  of  the  solar  year,  they  were  obliged  every 
other  year  to  interpolate  an  intercalary  month  (firjv 
£fj.6o?itfialo^)  of  30  or  29  days.  The  ordinary  year 
consisted  of  354  days,  and  the  interpolated  year, 
therefore,  of  384  or  383.  This  interpolated  year 
(TpLETripcc)  was  seven  days  and  a  half  too  long ;  and, 
to  correct  the  error,  the  intercalary  month  was  from 
time  to  time  omitted.  The  Attic  year  began  with 
the  summer  solstice  :  the  following  is  the  sequence 
of  the  Attic  months,  and  the  number  of  days  in 
each  :  Hecatombaeon  (30),  Metageitnion  (29),  Boe- 
dromion  (30),  Pyanepsion  (29),  Maemacterion  (30), 
Poseideon  (29),  Gamelion  (30),  Anthesterion  (29), 
Elaphebolion  (30),  Munychion  (29),  Thargelion  (30), 
Scirophorion  (29).     The  intercalary  month  was  a 


1.  (Hor.,  Sat.,  I.,  vi.,  27— Heindorf  in  loc.)—  2.  (Mart.,  ii., 
39.— Juv.,  vii.,  192.)— 3.  (Phil.,  xiii.,  13.)— 4.  (Philostr.,  Her., 
i-iii.)— 5.  (Tsidor.,  Oiig-.,  xix.,  14.)— 6.  (Mart.,  Juv.,  11.  cc. — Ly- 
&a3,  De  Mag-.,  i.,  32.--Ovid,  De  Art.  Am.,iii.,  271.)— 7.  (x.,  62.) 
—8.  (Dig.  38,  tit.  i.,  s.  7.)— 9.  (Cic,  ad  Att.,  xi.,  1.— Plin.,  Ep., 
■ii.,  19.— Suet.,  Gal.,  c.  12.— Vesp.,  c.  22.)— 10.  (Cic.,  De  Orat., 
j.,  61.)— 11.  (Sidon.,  Epist.,  viii.,  12.— Ovid,  Trist.,  ii.,  477.— 
Mart.,  xiv.,  17,  2  ;  xiv.,  20.)— 12.  (Colum..  iii.,  3.)— 13.  (Cic,  De 
Fin.,  ii.,  19,  &c.)— 14.  (1  nd.,  Olymp.,  iii.,  34.) 
IPO 


second  Poseideon  inserted  in  the  middle  of  in 
year.  Every  Athenian  month  was  divided  into 
three  decads.  The  days  of  the  first  decad  were 
designated  as  larap.ivov  or  apxo/j.evov  \iriv6g,  and 
were  counted  on  regularly  from  1  to  10  ;  thus  6ev~ 
repa  apxofihov  or  larafiivov  is  "  the  second  day  of 
the  month."  The  days  of  the  second  decad  were 
designated  as  km  dena,  or  /uecovvroc,  and  were  count' 
ed  on  regularly  from  the  11th  to  the  20th  day,  which 
was  called  eluae.  There  were  two  ways  of  count- 
ing the  days  of  the  last  decad :  they  were  eithei 
reckoned  onward  from  the  20th  (thus  npuTrj  km 
eUddi  was  the  21st),  or  backward  from  the  last  day, 
with  the  addition  (pdlvovroc,  navofikvov,  XijyovTog,  or 
amovrog ;  thus  the  21st  day  of  a  hollow  month  was 
kvurij  QdivovToe — of  a  full  month,  deKurr]  tydivovrog. 
The  last  day  of  the  month  was  called  evrj  nai  via, 
"the  old  and  new,"  because,  as  the  lunar  month 
really  consisted  of  more  than  29  and  less  than  30 
days,  the  last  day  might  be  considered  as  belonging 
equally  to  the  old  and  new  month.1 

The  first  calendars  of  the  Greeks  were  founded 
on  rude  observations  of  the  rising  and  setting  of  cer- 
tain fixed  stars ;  as  Orion,  the  Pleiades,  Arcturus, 
&c.  The  earliest  scientific  calendar,  which  super- 
seded these  occasional  observations,  was  that  of 
Meton.  He  observed  that  235  lunar  months  cor- 
respond very  nearly  to  19  solar  years.  According- 
ly, he  introduced  a  cycle  of  19  years,  or  6940  days, 
distributed  into  months,  so  that  they  corresponded 
to  the  changes  of  the  moon  throughout  the  whole 
period.  This  cycle  was  called  the  year  of  Meton 
(Miruvoe  kviavroc),  and  the  calendar  based  upon  it 
was  published  at  Athens  in  01.  86,  4.  The  calen- 
dar commenced  with  the  month  Scirophorion  (16th 
July,  B.C.  432).  This  cycle  of  19  years  was  an  ex- 
tension of  the  o^.taeteris  of  Cleostratus,  which  con- 
tained 8  years,  or  99  months,  or  2922  days.  Three 
of  the  months  in  the  octaeteris  were  intercalary,  oc- 
curring in  the  third,  fifth,  and  eighth  years  of  the 
cycle.  If  Meton  had  reckoned  every  month  full, 
his  cycle  would  have  contained  7050  days,  or  7050 
— 6940=110  days  too  much  ;  consequently,  it  was 
necessary  to  take  110  hollow  months  in  each  cycle. 
Dividing  7050  by  110  we  get  the  quotient  64,  which 
denotes  the  interval  between  every  two  successive 
days  to  be  rejected  (riiiipai  k^aipiatjuoc).  Meton's 
canon  begins  with  two  full  months,  and  then  we 
have  hollow  and  full  months  alternately ;  but,  after 
the  interchange  has  taken  place  eight  times,  two 
full  months  come  together,  because  there  must  be 
17  full  months  in  every  32.  The  Metonic  cycle 
was  corrected  in  01.  110,  by  Callippus  of  Cyzicus. 
Meton  had  made  the  solar  year  ^  of  a  day  too  long. 
Callippus  accordingly  assumed  a  4x19=76  years' 
cycle  omitting  one  day,  or  27759  days.  The  epoch 
of  this  cycle  is  28th  June,  B  C.  330,  01.  112,  3.  A 
farther  correction  of  the  Metonic  cycle  was  intro- 
duced by  Hipparchus,  the  celebrated  astronomer,  as 
even  Callippus  had  still  left  the  solar  year  too  long  by 
—-  of  a  day ;  he  therefore  assumed  a  cycle  of  4x 
4x19=4x76  years  wanting  one  day,  or  111035 
days.  This  period  of  304  years,  with  112  intercala- 
ry months,  is  called  the  year  of  Hipparchus. 

Separate  years  were  designated  at  Athens  by 
the  name  of  the  chief  archon,  hence  called  upxuv 
knuvv/xoc,  or  "the  name-giving  archon ,"  at  Sparta, 
by  the  first  of  the  ephors  ;  at  Argos,  by  the  priest- 
ess of  Juno,  &c.  The  method  of  reckoning  by 
Olympiads  was  brought  into  use  by  Timoeus  oi 
Tauromenium  about  01.  130.  As  this  clumsy  meth- 
od of  reckoning  is  still  found  in  books,  it  will  be  right 
to  give  the  rules  for  converting  Olympiads  into  the 
year  B.C.,  and  vice  versa. 

1.  (Vid.  Aristoph.,  IN  »j.,  1131.  &c.) 


CALENDAR. 


CALENDAR. 


I.  To  find  the  year  B.C.,  given  the  nth  year  of 
01.  p,  take  the  formula  781 — (4  p-\-n).  If  the  event 
happened  in  the  second  half  of  the  Attic  year,  this 
must  be  farther  reduced  by  1  ;  for  the  Attic  year, 
as  mentioned  above,  commenced  with  the  summer 
solstice.  Thus  Socrates  was  put  to  death  in  Thar- 
gelion  of  01.  95,  1.  Therefore  in  B.C.  ([781— (4x 
95_|_1)]_D— (781— 381)— 1=400— 1=399. 

II.  To  find  the  Olympiad,  given  the  year  n  B.C., 

take  the  formula — .     The  quotient  is  the  01., 

and  the  remainder  the  current  year  of  it ;  if  there 

is  no  remainder,  the  current  year  is  the  4th  of  the 

Olympiad.     If  the  event  happened  in  the  second 

half  of  the  given  year,  it  must  be  increased  by  1. 

Thus,  to  take  the  event  just  mentioned,  Socrates 

,      ,  781— (399-f  1)     781—400 

was  put  to  death ! — = =01.  95, 

4,  4  ' 

1.     Demosthenes  was  born  in  the  summer  of  382, 

.       -       .    781—382     399     rt,   _  „ 

therefore  in ; =—=01.  99,  3. 

4  4 

On  the  Greek  calendar  in  general,  the  reader  may 
consult  Ideler's  Handbuch  der  Mathematischen  and 
Technischer.  Chronologic,  Th.  i.,  p.  227-392. 

CALENDS.     (Vid.  Calendar,  Roman.) 

CALENDAR  (ROMAN),  Calendarium,  or,  rath- 
er, Kalendarium. 

The  Year  of  Romulus. — The  name  of  Romulus  is 
commonly  attached  to  the  year  which  is  said  to 
have  prevailed  in  the  earliest  times  of  Rome ;  but 
tradition  is  not  consistent  with  regard  to  the  form 
of  it.  The  historians  Licinius  Macer  and  Fenestel- 
la  maintained  that  the  oldest  year  consisted  of 
twelve  months,  and  that  it  was  already  in  those 
days  an  annus  vertens,  that  is,  a  year  which  coinci- 
ded with  the  period  of  the  sun's  course.  Censori- 
ous, however,  in  whose  work  this  statement  occurs,1 
goes  on  to  say  that  more  credit  is  due  to  Gracca- 
nus,  Fulvius  (Nobilior),  Varro,  and  others,  accord- 
ing to  whom  the  Romans,  in  the  earliest  times,  like 
the  people  of  Alba  from  whom  they  sprung,  allotted 
to  the  year  but  ten  months.  This  opinion  is  sup- 
ported by  Ovid  in  several  passages  of  his  Fasti  ;a 
by  Gellius,3  Macrobius,*  Solinus,5  and  Servius.6 
Lastly,  an  old  Latin  year  of  ten  months  is  implied 
in  the  fact,  that  at  Laurentnm7  a  sacrifice  was  of- 
fered to  Juno  Kalendaris  on  the  first  of  every 
month  except  February  and  January.  These  ten 
months  were  called  Martius,  Aprilis,  Maius,  Junius, 
Quinctilis,  Sextilis,  September,  October,  November, 
December.  That  March  was  the  first  month  in  the 
year  is  implied  in  the  last  six  names ;  and  even  Plu- 
tarch, who  ascribes  twelve  months  to  the  Romulian 
year,8  places  Januarius  and  Februarius  at  the  end. 
The  fact  is  also  confirmed  by  the  ceremony  of  re- 
kindling the  sacred  fire  in  the  Temple  of  Vesta  on 
the  first  day  of  March,  by  the  practice  of  placing 
fresh  laurels  in  the  public  buildings  on  that  day,  and 
by  many  other  customs  recorded  by  Macrobius.9 
With  regard  to  the  length  of  the  months,  Censori- 
nus,  Macrobius,  and  Solinus  agree  in  ascribing  thir- 
ty-one days  to  four  of  them,  called  pleni  menses ; 
thirty  to  the  rest,  called  cam  menses.  The  four 
longer  months  were  Martius,  Maius,  Quinctilis,  and 
October;  and  these,  as  Macrobius  observes,  were 
distinguished  in  the  latest  form  of  the  Roman  cal- 
endar by  having  their  nones  two  days  later  than  any 
of  the  other  months.  The  symmetry  of  this  ar- 
rangement will  appear  by  placing  the  numbers  in 
succession:  31,  30;  31,  30;  31,  30,  30;  31;  30, 
30.  Ovid,  indeed,  appears  to  speak  of  the  months 
as  coinciding  with  the  lunar  period  : 

1.  (De  Die  Natali,  c.  20. — Compare  also  the  beginning  of  c. 
19.)— 2.  (i.,  27,  43;  Hi.,  99,  119,  151.)— 3.  (Nort.  Att.,  iii.,  16.) 
—4.  (Saturn.,  i.,  12.)— 5.  (Polyh.,  i.)— 6.  (in  Virg.,  Georg.,  i., 
1--U— 7    (Macrob..  15.)— 8.    Numa,  c.  J 3.)—  9.  (i.,  12.) 


"  Annus  erat  decimum  cum  luna  rcplevcrat  annum  ,*' 

but  the  language  of  a  poet  must  not  be  pressed  too 
closely.  On  the  other  hand,  Plutarch,  in  the  pas- 
sage already  referred  to,  while  he  assigns  to  the  old 
year  twelve  months  and  365  da\s,  speaks  of  the 
months  as  varying  without  system  between  the  lim- 
its of  twenty  and  thirty-five  days.  Such  an  irregu- 
larity is  not  incredible,  as  we  find  that  even  when 
Censorinus  wrote  (A.D.  238),  the  Alban  calendar 
gave  36  days  to  March,  22  to  May,  18  to  Sextilis, 
and  16  to  September ;  while  at  Tusculum  Quincti- 
lis had  36  days,  October  32 ;  and  again,  at  Aricia, 
the  same  month,  October,  had  no  less  than  39. l 
The  Romulian  year,  if  we  follow  the  majority  of 
authors,  contained  but  304  days  ;  a  period  differing 
so  widely  from  the  real  length  of  the  sun's  course, 
that  the  months  would  rapidly  revolve  through  all 
the  seasons  of  the  year.  This  inconvenience  was 
remedied,  says  Macrobius,3  by  the  addition  of  the 
proper  number  of  days  required  to  complete  the 
year ;  but  these  days,  he  goes  on  to  say,  did  not  re- 
ceive any  name  as  a  month.  Servius  speaks  of  the 
intercalated  period  as  consisting  of  two  months, 
which  at  first  had  no  name,  but  were  eventually 
called  after  Janus  and  Februus.  That  some  system 
of  intercalation  was  employed  in  the  Romulian  year 
was  also  the  opinion  of  Licinius  Macer.3  This  ap- 
pears to  be  all  that  is  handed  down  with  regard  to 
the  earliest  year  of  the  Romans. 

As  a  year  of  ten  months,  i.  e.,  304  days,  at  once 
falls  greatly  short  of  the  solar  year,  and  contains 
no  exact  number  of  lunations,  some  have  gone  so 
far  as  to  dispute  the  truth  of  the  tradition  in  whole 
or  part,  while  others  have  taxed  their  ingenuity  to 
account  for  the  adoption  of  so  anomalous  a  year. 
Puteanus,*  calling  to  mind  that  the  old  Roman  or 
Etruscan  week  contained  eight  days,  every  eighth 
day  being  specially  devoted  to  religious  and  other 
public  purposes,  under  the  name  of  nonce  or  nun- 
dince,  was  the  first  to  point  out  that  the  numbei 
304  is  a  precise  multiple  of  eight.  To  this  obser- 
vation, in  itself  of  little  moment,  Niebuhr  has  given 
some  weight,  by  farther  noticing  that  the  38  nun- 
dines  in  a  year  of  304  days  tally  exactly  with  the 
number  of  dies  fasti  afterward  retained  in  the  Ju- 
lian calendar.  Another  writer,  Pontedera,  observ- 
ed that  304  bore  to  365  days  nearly  the  ratio  of 
5  to  6,  six  of  the  Romulian  years  containing  1824, 
five  of  the  longer  periods  1825  days  ;  and  Niebuhr,3 
who  is  a  warm  advocate  of  the  ten-month  year, 
has  made  much  use  of  this  consideration.  He  thus 
explains  the  origin  of  the  well-known  quinquennial 
period  called  the  lustrum,  which  Censorinus6  ex- 
pressly calls  an  annus  magnus,  that  is,  in  the  mod- 
ern language  of  chronology,  a  cycle.  Moreover, 
the  year  often  months,  says  the  same  writer,7  was 
the  term  for  mourning,  for  paying  portions  left  by 
will,  for  credit  on  the  sale  of  yearly  profits ;  most 
probably  for  all  loans ;  and  it  was  the  measure  for 
the  most  ancient  rate  of  interest.  (Vid.  Interest 
op  Money.)  Lastly,  he  finds  in  the  existence  of 
this  short  year  the  solution  of  certain  historical 
difficulties.  A  peace,  or,  rather,  truce  with  Veii 
was  concluded  in  the  year  280  of  Rome,  for  40 
years.  In  316,  Fidenae  revolted  and  joined  Veii, 
which  implies  that  Veii  was  already  at  war  with 
Rome  ;  yet  the  Veientines  are  not  accused  of  hav- 
ing broken  their  oaths.9  Again,  a  twenty  years' 
truce,  made  in  329,  is  said  by  Livy  to  have  expired 
in  347. 9  These  facts  are  explained  by  supposing 
the  years  in  question  to  have  been  those  of  ten 
months  ;  for  40  of  these  are  equal  to  33£  ordinary 


1.  (Censorinus,  c  22.)— 2.  (i.,  13.)— 3.  (Macrob.,  i.,  13.) 
(De  Nundinis  in  Grxvius's  Thesaurus,  vol  vni.) — 5.  (Row 
Hist.,  vol.  i.,  p.  271.)— 6.  (c.  18.)— 7.  (p.  279.)—?.  (Liv.,iv.,  17. 
—9.  (iv.,  58.) 

191 


CALENDAR. 


CALENDAR. 


yeais,  20  to  16| ;  so  that  the  former  truce  termina- 
ted in  314,  the  latter  in  346.  Similarly,  the  truce 
of  eight  years  concluded  with  the  Volscians  in  323, 
extended,  in  fact,  to  no  more  than  6|  full  years; 
and  hence  the  Volscians  resumed  the  war  in  331, 
without  exposing  themselves  to  the  charge  of  per- 
jury. 

These  ingenious,  and,  perhaps,  satisfactory  spec- 
ulations of  the  German  critic,  of  course  imply  that 
the  decimestrial  year  still  survived  long  after  the 
regal  government  had  ceased  ;  and,  in  fact,  he  be- 
lieves that  this  year  and  the  lunar  year,  as  deter- 
mined by  Scaliger's  proposed  cycle  of  22  years,  co- 
existed from  the  earliest  times  down  to  a  late  pe- 
riod. The  views  of  Niebuhr  do  not  require  that 
the  months  should  have  consisted  of  31  or  30  days  ; 
indeed,  it  would  be  more  natural  to  suppose  that 
each  month,  as  well  as  the  year,  contained  a  pre- 
cise number  of  eight-day  weeks  ;  eight  of  the  months, 
for  instance,  having  four  such  weeks,  the  two  oth- 
ers but  three.  Even  in  the  so-called  calendar  of 
Numa  we  find  the  Etruscan  week  affecting  the  di- 
vision of  the  month,  there  being  eight  days  between 
the  nones  and  ides,  from  which  circumstances  the 
nones  received  their  name  ;  and,  again,  two  such 
weeks  from  the  ides  to  the  end  of  the  month,  and 
this  whether  the  whole  month  contained  31  or  29 
days. 

The  Year  of  Numa. — Having  described  the  Ro- 
mulian  year,  Censorinus1  proceeds  thus:  "After- 
ward, either  by  Numa,  as  Fulvius  has  it,  or,  ac- 
cording to  Junius,  by  Tarquin,  there  was  instituted 
a  year  of  twelve  months  and  355  days,  although 
the  moon  in  twelve  lunations  appears  to  complete 
but  354  days.  The  excess  of  a  day  was  owing 
either  to  error,  or,  what  I  consider  more  probable, 
to  that  superstitious  feeling,  according  to  which 
an  odd  number  was  accounted  full  (plenus)  and 
more  fortunate.  Be  this  as  it  may,  to  the  year 
which  had  previously  been  in  use  (that  of  Romulus) 
^ne-and-fifty  days  wrere  now  added ;  but,  as  these 
were  not  sufficient  to  constitute  two  months,  a  day 
was  taken  from  each  of  the  before-mentioned  hol- 
low months,  which,  added  thereto,  made  up  57  days, 
cat  of  which  two  months  were  formed,  Januarius 
with  29,  and  Februarius  with  28  days.  Thus  all 
thj  months  henceforth  were  full,  and  contained  an 
odi  number  of  days,  save  Februarius,  which  alone 
was  hollow,  and  hence  deemed  more  unlucky  than 
the  rest."  In  this  passage  it  is  fitting  to  observe, 
that  the  terms  pleni  and  cavi  menses  are  applied  in 
a  sense  precisely  opposite  to  the  practice  of  the 
Greek  language  in  the  phrases  fir/vec  irlr/peig  and 
Kolloi.  The  mysterious  power  ascribed  to  an  odd 
number  is  familiar  from  the  Numero  deus  impare 
gaudet  of  Virgil.  Pliny  also2  observes,  "Impares  nu- 
meros  ad  omnia  vehementiores  credimus."  It  was,  of 
course,  impossible  to  give  an  odd  number  of  days, 
at  the  same  time,  to  the  year  on  the  one  hand,  and 
to  each  of  the  twelve  months  on  the  other ;  and 
yet  the  object  was  in  some  measure  effected  by  a 
division  of  February  itself  into  23  days,  and  a  su- 
pernumerary period  of  five  days.  (See  the  mode 
of  intercalation  below.)  The  year  of  Numa,  then, 
according  to  Censorinus,  contained  355  days.  Plu- 
tarch tells  us  that  Numa  estimated  the  anomaly  of 
the  sun  and  moon,  by  which  he  means  the  differ- 
ence between  twelve  lunations  and  the  sun's  annual 
course,  at  eleven  days,  i,  e.,  the  difference  between 
365  and  354  da3's.  Macrobius,  too,  says  that  the 
year  of  N'ima  had  at  first  354,  afterward  355  days.3 

Twef.ri  lunations  amount  to  354  days,  8h.,  48' 
36",  so  biia«  the  so-called  year  of  Numa  was  a  tol- 

1    (c.  20.)— 2.  (H.  N.,  xxviii.,  5.)— 3.  (Compare  Liv.,  i.,  19.— 
Ovid,  F^st.,  i.,  43;  iii.,  151.— Aurel.  Vict.,  c.  3.— Floras,  i.,  2. 
Swfciuii,  c.  1.) 

i.Q2 


erably  correct  lunar  year,  though  the  months  would 
have  coincided  more  accurately  with  the  single  lu- 
nations if  they  had  been  limited  to  30  and  29  days, 
instead  of  31,  29,  and  28  days.  That  it  was,  in 
fact,  adapted  to  the  moon's  course,  is  the  concur- 
rent assertion  of  ancient  writers,  more  particularly 
of  Livy,  who  says :  "  (Numa)  omnium  primum  ad  air- 
sum  luna  in  duodecim  mensis  describit  annum."  Un- 
fortunately, however,  many  of  the  same  writers  as- 
cribe to  the  same  period  the  introduction  of  such  a 
system  of  intercalation  as  must  at  once  have  dislo- 
cated  the  coincidence  between  the  civil  month  and 
the  lunar  period.  At  the  end  of  two  years  the  year 
of  Numa  would  have  been  about  22  days  in  arrear 
of  the  solar  period,  and,  accordingly,  it  is  said  an  in 
tercalary  month  of  that  duration,  or  else  of  23  days, 
was  inserted  at  or  near  the  end  of  February,  to 
bring  the  civil  year  into  agreement  with  the  regular 
return  of  the  seasons.  OPthis  system  of  intercala- 
tion a  more  accurate  account  shall  presently  be 
given.  But  there  is  strong  reason  for  believing 
that  this  particular  mode  of  intercalation  was  not 
contemporary  in  origin  with  the  year  of  Numa. 

In  antiquarian  subjects  it  will  generally  be  found 
that  the  assistance  of  etymology  is  essential ;  be- 
cause the  original  names  that  belong  to  an  institu- 
tion often  continue  to  exist,  even  after  such  changes 
have  been  introduced,  that  they  are  no  longer  adapt- 
ed to  the  new  order  of  things  ;  thus  they  survive  as 
useful  memorials  of  the  past.  In  this  way  we  are 
enabled,  by  the  original  meaning  of  words,  aided  by 
a  few  fragments  of  a  traditional  character,  to  state 
that  the  Romans  in  early  times  possessed  a  yea* 
which  altogether  depended  upon  the  phases  of  the 
moon.  The  Latin  word  mensis,1  like  the  Greek 
/Ltfjv  or  /usee,  and  the  English  month,  or  Germ  a  r 
monath,  is  evidently  connected  with  the  word  moon 
Again,  while  in  the  Greek  language  the  name  vm>- 
lirjvia  (new  moon),  or  evn  nal  via,  given  to  the 
first  day  of  a  month,  betrays  its  lunar  origin,  the 
same  result  is  deduced  from  the  explanation  of  the 
word  kalendce,  as  found  in  Macrobius.2  "In  an- 
cient times,"  says  that  writer,  "  before  Cn.  FJaviua 
the  scribe,  against  the  pleasure  of  the  patricians, 
made  the  fasti  known  to  the  whole  people  (the  end 
of  the  4th  century  B.C.),  it  was  the  duty  of  one  of 
the  pontifices  minores  to  look  out  for  the  first  ap- 
pearance of  the  new  moon,  and,  as  soon  as  he  de- 
scried it,  to  carry  word  to  the  rex  sacrificulus. 
Then  a  sacrifice  was  offered  by  these  priests  ;  after 
which,  the  same  pontifex,  having  summoned  the 
plebs  (calata  plebe)  to  a  place  in  the  Capitol  near  the 
Curia  Calabria,  which  adjoins  the  Casa  Romuli, 
there  announced  the  number  of  days  which  still  re- 
mained to  the  nones,  whether  five  or  seven,  by  so 
often  repeating  the  word  Kalib."  There  was  no 
necessity  to  write  this  last  word  in  Greek  charac- 
ters, as  it  belonged  to  the  old  Latin.  Ii  fact,  in 
this  very  passage  it  occurs  in  both  calata  and  cala- 
bra ;  and  again,  it  remained  to  the  latest  times  in 
the  word  nomenclator.  In  regard  to  the  passage 
here  quoted  from  Macrobius,  it  must  be  recollected 
that,  while  the  moon  is  in  the  immediate  vicinity 
of  the  sun,  it  is  impossible  to  see  it  with  th«  naked 
eye,  so  that  the  day  on  which  it  is  first  seen  is  not 
of  necessity  the  day  of  the  actual  conjunction.  \V>. 
learn  elsewhere,  that,  as  soon  as  the  pontifex  dis. 
covered  the  thin  disc,  a  hymn  was  sung,  beginning 
Jana  novella,  the  word  Jana3  being  only  a  dialectic 
variety  of  Diana,  just  as  Diespiter  or  Diupiter  cor- 
responds to  Jupiter;  and  other  examples  might 
readily  be  given,  for  the  change  occurs  in  almost 
every  word  which  has  the  syllables  de  or  di  before 
a  vowel.    Again,  the  consecration  of  the  kalends  to 


1.  (Varro,  De  Ling-.  Lat.,  vi.,  or, in  the  old  editions,  v.,  54.)— 
2.  (i.,  15.)— 3.  (Macrob.,  Sat.,  i.,  9.— Varro,  De  Re  Rus+...i..  37  » 


CALENDAR. 


CALENDAR. 


jiino  is  referred  by  the  latter  writer  to  the  fact 
that  the  months  originally  began  with  the  moon, 
and  that  Juno  and  Luna  are  the  same  goddess  ;  and 
the  poet  likewise  points  at  the  same  connexion  in 
his  explanation  of  Juno's  epithet  Lucina.  More- 
over, at  Laurentum,  Juno  was  worshipped  as  Juno 
Kalendaris.  Even  so  late  as  448  B.C.,  strictly 
lunar  months  were  still  in  use  ;  for  Dionysius3  says 
that  Appius,  in  that  year,  received  the  consular  au- 
thority on  the  ides  of  May,  being  the  day  of  full 
moon  ;  for  at  that  time,  he  adds,  the  Romans  regu- 
lated their  months  by  the  moon.  In  fact,  so  com- 
pletely was  the  day  of  the  month  which  they  called 
the  ides  associated  with  the  idea  of  the  full  moon, 
that  some  derived  the  word  and  tov  eldovc,  quod  eo 
die  plenam  speciem  luna  demonstret.3  Quietly  to  in- 
sert the  idea  of  plenam,  when  the  Greek  word  sig- 
nified merely  speciem,  is  in  accordance  with  those 
loose  notions  which  prevailed  in  all  ancient  attempts 
at  etymology.  But,  though  the  derivation  is  of 
course  groundless,  it  is  of  historical  value,  as  show- 
ing the  notion  connected  with  the  term  ides. 

For  the  same  reason,  probably,  the  ides  of  March 
were  selected  for  the  sacrifice  to  the  goddess  Anna 
Perenna,  in  whose  name  we  have  nothing  more 
than  the  feminine  form  of  the  word  annus,  which, 
whether  written  with  one  n  or  two,  whether  in  its 
simple  form  annus  or  diminutive  annulus,  still  al- 
ways signifies  a  circle.  Hence,  as  the  masculine 
form  was  easily  adopted  to  denote  the  period  of  the 
sun's  course,  so  the  feminine,  in  like  manner,  might 
well  be  employed  to  signify,  first,  the  moon's  revo- 
lution, and  then  the  moon  herself.  The  tendency 
among  the  Romans  to  have  the  same  word  repeat- 
ed, first  as  a  male,  and  then  as  a  female  deity,  has 
been  noticed  by  Niebuhr  ;  and  there  occurs  a  com- 
plete parallel  in  the  name  Dianus,  afterward  Janus, 
for  the  god  of  dies,  or  light,  the  sun ;  Diana,  after- 
ward Jana,  for  the  goddess  of  light,  the  moon,  to 
gay  nothing  of  the  words  Jupiter  and  Juno.  That 
*.he  month  of  March  should  have  been  selected 
arose  from  its  being  the  first  of  the  year,  and  a  sac- 
rifice to  the  moon  might  well  take  place  on  the  day 
when  her  power  is  fully  displayed  to  man.  The 
epithet  Perenna  itself  means  no  more  than  ever-cir- 
cling. Nay,  Macrobius  himself*  connects  the  two 
words  with  annus,  when  he  states  the  object  of 
the  sacrifice  to  be,  ut  annare  perenno,reque  commode 
liceat. 

Another  argument  in  favour  of  the  lunar  origin 
of  the  Roman  month  is  deducible  from  the  practice 
of  counting  the  days  backward  from  the  kalends, 
nones,  and  ides;  for  the  phrases  will  then  amount 
to  saying,  "  It  wants  so  many  days  to  the  new 
moon,  to  the  first  quarter,  to  full  moon."  It  would 
be  difficult,  on  any  other  hypothesis,  to  account  for 
the  adoption  of  a  mode  of  calculation,  which,  to  our 
notions,  at  least,  is  so  inconvenient ;  and,  indeed,  it 
is  expressly  recorded  that  this  practice  was  derived 
from  Greece,  under  which  term  the  Athenians  prob- 
ably are  meant ;  and  by  these  we  know  that  a 
strictly  lunar  year  was  employed  down  to  a  late 
period.5 

But  perhaps  the  most  decisive  proof  of  all  lies  in 
the  simple  statement  of  Livy,6  that  Numa  so  regula- 
ted his  lunar  year  of  twelve  months  by  the  insertion 
of  intercalary  months,  that  at  the  end  of  every  nine- 
teenth year  it  again  coincided  with  the  same  point 
in  thi  sun's  course  from  which  it  started.  His 
words  are,  "  Quern  {annum)  inter calaribus  mensibus 
interponcndis  ita  dispensavit  ut  vicesimo  anno  ad  me- 
tarn  eandem  solis  unde  orsi  sunt,  plenis  annorum  om- 
nium spatiis,  dies  congruerent."     We  quote  the  text, 


1.  (Ovid,  Fast.,  i.,  55 ;  vi.,  39.— Macrob.,  Sat.,  i.,  9,  15.)— 2. 
(Antiq.  Rom.,  x.,  59.)— 3.  (Macrob.,  ib  )— 4    fc.  12.)— 5.  (Ma- 
•j-nn.,  c.  16.)— 6.  (i.,  19.) 
H  a 


because  editors,  in  support  of  a  theory,  have  taken 
the  liberty  of  altering  it  by  the  insertion  of  the 
word  quarto,  forgetting,  too,  that  the  words  quarto 
et  vicesimo  anno  signify,  not  every  twenty-fourth 
year,  which  their  theory  requires,  but  every  twenty 
third,  according  to  that  peculiar  error  of  the  Ro- 
mans which  led  them  to  count  both  the  extreme* 
in  defining  the  internal  from  one  point  to  another, 
and  which  still  survives  in  the  medical  phrases  ter 
tian  and  quartan  ague,  as  well  as  in  the  French  ex- 
pressions huit  jours  for  a  week,  and  quinze  jours  foi 
a  fortnight.  Accordingly,  it  is  not  doing  violence 
to  words,  but  giving  the  strict  and  necessary  mean- 
ing to  them,  when,  in  our  own  translation  of  the 
passage  in  Livy,  we  express  vicesimo  anno  by  every 
nineteenth  year. 

Now  19  years,  it  is  well  known,  constitute  a  most 
convenient  cycle  for  the  conjunction  of  a  lunar  and 
solar  year.  A  mean  lunation,  or  synodic  month,  ac- 
cording to  modern  astronomy,  is  29d.,  12h.,  44'  3", 
and  a  mean  tropical  year  365d.,  5h.,  48'  48".  Hence 
it  will  be  found  that  235  lunations  amount  to  6939d., 
16h.,  31'  45",  while  19  tropical  years  give  6939d.. 
14h.,  27'  12",  so  that  the  difference  is  only  2h.,  4' 
33".  Although  it  was  only  in  the  second  century 
B.C.  that  Hipparchus  gave  to  astronomical  obser- 
vations a  nicety  which  could  pretend  to  deal  with 
seconds  (his  valuation  of  the  synodic  month  was 
29d.,  12h.,  44'  31"1),  yet,  even  in  the  regal  period 
of  Rome,  the  Greek  towns  in  the  south  of  Italy 
must  already  have  possessed  astronomers,  from 
whom  the  inhabitants  of  Latium  could  have  bor- 
rowed such  a  rough  practical  knowledge  of  both 
the  moon  and  sun's  period  as  was  sufficient  to  show 
that  at  the  end  of  19  solar  years  the  moon's  age 
would  be  nearly  what  it  was  at  the  commencement; 
and  it  should  be  recollected  that  the  name  of  Numa 
is  often  connected  by  tradition  with  the  learning  of 
Magna  Graecia.  At  any  rate,  a  cycle  of  19  years 
was  introduced  by  Meton,  at  Athens,  in  the  yeai 
432  B.C. ;  and  the  knowledge  of  it  among  the  learn- 
ed may  probably  have  preceded,  by  a  long  period, 
its  introduction  into  popular  use,  the  more  so  as 
religious  festivals  are  generally  connected  with  the 
various  divisions  of  time,  and  superstition,  there- 
fore, would  be  most  certainly  opposed  to  innova- 
tions of  this  nature.  How  the  Romans  may  have 
intercalated  in  their  19  lunar  years  the  seven  addi 
tional  months  which  are  requisite  to  make  up  the 
whole  number  of  235  (=12xl9-|-7)  lunations,  is  a 
subject  upon  which  it  would  be  useless  to  speculate. 
From  a  union  of  these  various  considerations,  it 
must  be  deemed  highly  probable  that  the  Romans 
at  one  period  possessed  a  division  of  time  depend- 
ant upon  the  moon's  course. 

Year  of  the  Decemviri  (so  called  by  Ideler). — The 
motives  which  induced  the  Romans  to  abandon  the 
lunar  year  are  nowhere  recorded,  nor,  indeed,  the 
date  of  the  change.  We  have  seen,  however,  that 
even  in  the  year  448  B.C.,  the  year  was  still  regu- 
lated by  the  moon's  course.  To  this  must  be  add- 
ed, that,  according  to  Tuditanus  and  Cassius  Hemi- 
na,  a  bill  on  the  subject  of  intercalation  was  brought 
before  the  people  by  those  decemviri  who  added  the 
two  new  tables  to  the  preceding  Ten,2  that  is,  in  the 
year  450  B.C.  That  the  attention  of  these  decem- 
viri was  called  to  the  calendar  is  also  proved  by  the 
contents  of  the  Eleventh  Table,  wherein  it  is  de- 
creed that  "  the  festivals  shall  be  set  down  in  the 
calendars."  We  have  the  authority  of  Varro,  in 
deed,  that  a  system  of  intercalation  already  existed 
at  an  earlier  date ;  for  he  says  that  there  was  a 
very  ancient  law  engraved  on  a  bronze  pillar  by  L. 
Pinarius  and  Furius  in  their  consulate  cui  mentio 
inter Talaris  ascribitur.     We  add  the  last  words  m 

1.  (Ptolem.,  Almag  ,  iv.,  2.V—  2.  ^lacrob.,  c.  13;) 

193 


CALENDAR. 


CALENDAR. 


a 


Latin  from  the  text  of  Macrobius,1  because  their 
import  is  doubtful.  If  we  are  right  in  interpreting 
them  thus,  "  the  date  upon  which  is  expressed  by  a 
month  called  intercalary"  all  that  is  meant  may  be 
one  of  the  intercalary  lunations,  which  must  have 
existed  even  in  the  old  lunar  year.  At  the  period 
of  the  decemviral  legislation  there  was  probably 
instituted  that  form  of  the  year  of  354  days,  which 
was  corrected  by  the  short  intercalary  month  called 
Mercedonius  or  Mercidinus  ;  but  so  corrected  as  to 
deprive  the  year  and  month  of  all  connexion  with 
the  moon's  course.  The  length  of  the  several  or- 
dinary months  was  probably  that  which  Censorinus 
has  erroneously  allotted  to  the  months  of  Numa's 
lunar  year,  viz. : 

Martius     31  days.  September  29  days. 

Aprilis       2§     "  October       31     " 

Maius        31     "  November  29 

Junius       29     "  December  29 

Quinctilis  31     "  Januarius    29 

Sextilis      29    "  Februarius  28 

Such,  at  any  rate,  was  the  number  of  days  in 
each  month  immediately  prior  to  the  Julian  correc- 
tion ;  for  both  Censorinus  and  Macrobius  say  that 
Caesar  added  two  days  to  Januarius,  Sextilis,  and 
December,  and  one  to  Aprilis,  Junius,  September, 
and  November.  Hence  Niebuhr  appears  to  have 
made  an  error  when  he  asserts2  that  July  acquired 
two  more  days  at  the  reformation  of  the  calendar, 
and  founds  thereon  a  charge  of  carelessness  against 
Livy.  That  November  had  but  29  days  prior  to  the 
correction — in  other  words,  that  the  XVII.  Kil.  Dec. 
immediately  followed  the  Idus  Nov.,  appears  like- 
wise, from  a  comparison  of  Cicero's  letters  to  Tiro  ;3 
for  he  reaches  Corcyra  a.  d.  V.  Id.  Nov.,  and  on 
the  XV.  Kal.  Dec.  complains,  "  Septumum  jam  diem 
enebamur."  The  seven  days  in  question  would  be 
IV.  Id..  III.  Id.,  Prid.  Id.,  Id.  Nov.,  XVII.  Kal.  Dec, 
XVI.  Kal.  Dec,  XV.  Kal.  Dec.  That  the  place  of 
the  nones  and  ides  was  in  each  month  the  same 
before  the  Julian  correction  as  afterward,  is  assert- 
ed by  Macrobius. 

The  main  difficulty  is  with  regard  to  the  mode  of 
intercalation.  Plutarch,  we  have  already  observed, 
speaks  of  an  intercalation,  by  him  referred  to  Numa, 
of  22  days  in  alternate  years  in  the  month  of  Feb- 
ruary. Censorinus,  with  more  precision,  says  that 
the  number  of  days  in  each  intercalation  was  either 
22  or  23,  and  Macrobius  agrees  with  him  in  sub- 
stance. Of  the  point  at  which  the  supernumerary 
month  was  inserted,  the  accounts  are  these  :  Var- 
ro*  says  the  twelfth  month  was  February  ;  and 
when  intercalations  take  place,  the  last  five  days 
of  this  month  are  removed.  Censorinus  agrees 
herewith,  when  he  places  the  intercalation  gener- 
ally (potissimum)  in  the  month  of  February,  between 
the  Terminalia  and  the  Regifugium,  that  is,  imme- 
diately after  the  day  called  by  the  Romans  a.  d.  VI. 
Kal.  Mart.,  or  by  us  the  23d  of  February.  This, 
again,  is  confirmed  by  Macrobius.  The  setting 
aside  of  the  last  five  days  agrees  with  the  practice 
which  Herodotus  ascribes  to  the  Egyptians,  of  con- 
sidering the  five  days  over  the  360  as  scarcely  be- 
longing to  the  year,  and  not  placing  them  in  any 
month.  So  completely  were  these  five  days  con- 
sidered by  the  Romans  to  be  something  extraneous, 
that  the  soldier  appears  to  have  received  pay  only 
for  389  days.  For  in  the  time  of  Augustus  the  sol- 
dier  received  deni  asses  per  day,  i.  e.,  -j-g-  of  a  dena- 
rius ;  but  Domitian6  addidit  quartum  stipendium  au- 
reos  tcrnos.    Thus,  as  25  denarii  made  an  aureus, 


the  annual  pay  piior  to  Domitian  was 


360x10 
16~ 


de- 


1.  (c.  13.)— 2.  (ii.,  531,  note  1179.)— 3.  (ad  Fam.,  xvi., 
—4    (De  Ling.  Laf.,  vi.,  55.)— 5    vSuet.,  Dom.,  7.) 
194 


7,9.) 


360X10  .      n         .         _   ,         u 

nam,  or  -— ; — —  aurei  =9  aurei ;  and  thus  the  ad- 
lb  X25 

dition  of  three  aurei  was  precisely  a  fourth  more. 

Lastly,  the  festival  Terminalia,  as  its  name  implies, 

marked  the  end  of  the  year ;  and  this,  by-the-way, 

again  proves  that  March  was  originally  the  first 

month. 

The  intercalary  month  was  called  Mepnidivoc,  01 
Mepicijdovioe.1  We  give  it  in  Greek  characters,  be 
caiise  it  happens  somewhat  strangely  that  no  Latin 
author  has  mentioned  the  name,  the  term  mensis 
interkalaris  or  interkalarius  supplying  its  place. 
Thus,  in  the  year  of  intercalation,  the  day  after  the 
ides  of  February  was  called,  not,  as  usual,  a.  d.  XVI. 
Kalendas  Martius,  but  a.  d.  XI.  Kalendas  interka- 
laris. So,  also,  there  were  the  Nonas  interkalares 
and  Idus  interkalares,  and  after  this  last  came  ei- 
ther a.  d.  XV.  or  XVI.  Kal.  Mart.,  according  as  the 
month  had  22  or  23  days  ;  or,  rather,  if  we  add  the 
five  remaining  days  struck  off  from  February,  27  or 
28  days.  In  either  case  the  Regifugium  retained 
its  ordinary  designation  a.  d.  VI.  Kal.  Mart.8  When 
Cicero  writes  to  Atticus,  "  Accepi  tuas  litter  as  a.  d. 
V.  Terminalia"  (i.  e.,  Feb.  19),  he  uses  this  strange 
mode  of  defining  a  date,  because,  being  then  in  Cili- 
cia,  he  was  not  aware  whether  any  intercalation 
had  been  inserted  that  year.  Indeed,  he  says,  in 
another  part  of  the  same  letter,  "JEa  sic  observabo, 
quasi  interkalatum  non  sit." 

Besides  the  intercalary  month,  mention  is  occa- 
sionally made  of  an  intercalary  day.  The  object  of 
this  was  solely  to  prevent  the  first  day  of  the  year, 
and  perhaps  also  the  nones,  from  coinciding  with 
the  nundinse,  of  which  mention  has  been  already 
made.3  Hence,  in  Livy,*  " Intercalation  eo  anno; 
postridie  Terminalia  inter calares  fuerunt."  This 
would  not  have  been  said  had  the  day  of  intercala- 
tion been  invariably  the  same ;  and,  again,  Livy,' 
"  Hoc  anno  intercalation  est.  Tertio  die  post  Termi- 
nalia Calendar  intercalares  fuere"  i.  e.,  two  days  af- 
ter the  Terminalia,  so  that  the  dies  intercalaris  was 
on  this  occasion  inserted,  as  well  as  the  month  so 
called.  Nay,  even  after  the  reformation  of  the  cal- 
endar, the  same  superstitious  practice  remained. 
Thus,  in  the  year  40  B.C.,  a  day  was  inserted  for 
this  purpose,  and  afterward  an  omission  of  a  day 
took  place,  that  the  calendar  might  not  be  disturb- 
ed.6 

The  system  of  intercalating  in  alternate  years  22 
or  23  days,  that  is,  of  ninety  days  in  eight  years, 
was  borrowed,  we  are  told  by  Macrobius,  from  the 
Greeks ;  and  the  assertion  is  probable  enough,  first, 
because  from  the  Greeks  the  Romans  generally  de- 
rived all  scientific  assistance ;  and,  secondly,  be- 
cause the  decemviral  legislation  was  avowedly  de- 
duced from  that  quarter.  Moreover,  at  the  very 
period  in  question,  a  cycle  of  eight  years  appears  to 
have  been  in  use  at  Athens,  for  the  Metonic  period 
of  19  years  was  not  adopted  before  432  B.C.  The 
Romans,  however,  seem  to  have  been  guilty  of  some 
clumsiness  in  applying  the  science  they  derived 
from  Greece.  The  addition  of  ninety  days  in  a  cy- 
cle of  eight  years  to  a  lunar  year  of  354  days  would, 
in  substance,  have  amounted  to  the  addition  of  ll£ 
(=90H-8)  days  to  each  year,  so  that  the  Romans 
would  virtually  have  possessed  the  Julian  calendar. 
As  it  was,  they  added  the  intercalation  to  a  year  of 
355  days  ;  and,  consequently,  on  an  average,  every 
year  exceeded  its  proper  length  by  a  day,  if  we  neg* 
lect  the  inaccuracies  of  the  Julian  calendar.  Ac- 
cordingly, we  find  that  the  civil  and  solar  years 
were  greatly  at  variance  in  the  year  564  A.U.C 
On  the  11th  of  Quinctilis  in  that  year,  a  remarkable 

1.  (Plutarch,  Numa,  19. — Cses.,  59.)— 2.  (Vid.  Ascon.,  ad  OraL 
pro  Milon.— Fast.  Triumphal.,  493  A.U.C.)— 3.  (Marrob.,  e.  S.J 
—4.  (xlv.,  44.)— 5.  (xliii.,  11.)— 6.  (Dion,  xlviii..  3?  ) 


CALENDAR. 


CALENDAR. 


eclipse  ol  the  sun  occurred.1  This  eclipse,  says 
Ideler,  can  have  been  no  other  than  the  one  which 
occurred  on  the  14th  of  March,  190  B.C.  of  the  Ju- 
lian calendar,  and  which  at  Rome  was  nearly  total. 
Again,  the  same  historian8  mentions  an  eclipse  of 
the  moon,  which  occurred  in  the  night  between  the 
3d  and  4th  of  September,  in  the  year  of  the  city  586. 
This  must  have  been  the  total  eclipse  in  the  night 
between  the  21st  and  22d  of  June,  168  B.C. 

That  attempts  at  legislation  for  the  purpose  of 
correcting  so  serious  an  error  were  actually  made, 
appears  from  Macrobius,  who,  aware  himself  of  the 
cause  of  the  error,  says  that,  by  way  of  correction, 
in  every  third  octoennial  period,  instead  of  90  inter- 
calary days,  only  66  were  inserted.  Again,  it  ap- 
pears that  M.Acilius  Glabrio,  in  his  consulship  169 
B.C.,  that  is,  the  very  year  before  that  in  which  the 
above-mentioned  lunar  eclipse  occurred,  introduced 
some  legislative  measure  upon  the  subject  of  inter- 
calation.3 According  to  the  above  statement  of 
Macrobius,  a  cycle  of  24  years  was  adopted,  and  it 
is  this  very  passage  which  has  induced  the  editors 
of  Livy  to  insert  the  word  quarto  in  the  text  already 
quoted. 

As  the  festivals  of  the  Romans  were  for  the  most 
part  dependant  upon  the  calendar,  the  regulation  of 
the  latter  was  intrusted  to  the  college  of  pontifices, 
who  in  early  times  were  chosen  exclusively  from 
the  body  of  patricians.  It  was,  therefore,  in  the 
power  of  the  college  to  add  to  their  other  means  of 
oppressing  the  plebeians,  by  keeping  to  themselves 
the  knowledge  of  the  days  on  which  justice  could 
be  administered,  and  assemblies  of  the  people  could 
be  held.  In  the  year  304  B.C.,  one  Cn.  Flavius,  a 
recretary  (scriba)  of  Appius  Claudius,  is  said  fraud- 
ulently to  have  made  the  Fasti  public*  It  appears, 
however,  from  the  last  passage,  that  Atticus  doubt- 
ed the  truth  of  the  story.  In  either  case,  the  other 
privilege  of  regulating  the  year  by  the  insertion  of 
the  intercalary  month  gave  them  great  political 
power,  which  they  were  not  backward  to  employ. 
Everything  connected  with  the  matter  of  intercala- 
tion was  left,  says  Censorinus,5  to  the  unrestrained 
pleasure  of  the  pontifices  ;  and  the  majority  of  these, 
on  personal  grounds,  added  to  or  took  from  the  year 
by  capricious  intercalations,  so  as  to  lengthen  or 
shorten  the  period  during  which  a  magistrate  re- 
mained in  office,  and  seriously  to  benefit  or  injure 
the  farmer  of  the  public  revenue.  Similar  to  this 
is  the  language  employed  by  Macrobius,6  Ammia- 
nus,7  Solinus,8  Plutarch,9  and  their  assertions  are 
confirmed  by  the  letters  of  Cicero,  written  during 
his  proconsulate  in  Cilicia,  the  constant  burden  of 
which  is  a  request  that  the  pontifices  will  not  add 
to  his  year  of  government  by  intercalation. 

In  consequence  of  this  license,  says  Suetonius,10 
neither  the  festivals  of  the  harvest  coincided  with 
the  summer,  nor  those  of  the  vintage  with  the  au- 
tumn. But  we  cannot  desire  a  better  proof  of  the 
confusion  than  a  comparison  of  three  short  passa- 
ges in  the  third  book  of  Caesar's  Bell.  Civ.,11  "  Pri- 
die  nonas  Januarias  navis  solvit,12  jamque  hiems  ad- 
propinquabat,13  multi  jam  menses  transierant  et  hiems 
)am  prcecipitaverat." 

Year  of  Julius  Ccesar. — In  the  year  46  B.C., 
Caesar,  now  master  of  the  Roman  world,  crowned 
his  other  great  services  to  his  country  by  employing 
his  authority,  as  pontifex  maximus,  in  the  correction 
of  this  serious  evil.  For  this  purpose  he  availed 
himself  of  the  services  of  Sosigenes  the  peripatetic, 

1.  (Liv.,  xxxvii.,  4.)— 2.  (xliv.,  37.)— 3.  (Macrob.,  c.  13.)— 4. 
(Liv  ,  xi.,  46.— Cic,  Pro  Muraen.,  c.  11. — Plin.,  H.  N.,  xxxiii., 
1. — Val.  Max.,  ii.,  5. — Aul.  Gell.,  vi.,  9.  —  Macrob.,  i.,  15. — 
Pomponius,  De  Origine  Juris,  in  the  Digests,  1,  tit.  2. — Cicero, 
ad  Att.,  vi.,  1.)— 5.  (c.  20.)— 6.  (i.,  14.)— 7.  (xxvi.,  1.)— 8.  (c.  1.) 
—9.  (Jul.,  59.)— 10.  (Jul  40.)— 11  (c  6)— 12.  (c.  9.)— 13.  (c. 
25  1 


and  a  scriba  named  M.  Flavius,  though  he  himse.H 
too,  we  are  told,  was  well  acquainted  with  astrono- 
my, and,  indeed,  was  the  author  of  a  work  of  some 
merit  upon  the  subject,  which  was  still  extant  in 
the  time  of  Pliny.  The  chief  authorities  upon  the 
subject  of  the  Julian  reformation  are  Plutarch,1  Pio 
Cassius,3  Appian,8  Ovid,*  Suetonius,6  Pliny,6  Cen 
sorinus,7  Macrobius,8  Ammianus  Marcellinus,9  So- 
linus.18 Of  these,  Censorinus  is  the  most  preci&e  • 
"  The  confusion  was  at  last,"  says  he,  "  carried  so 
far,  that  C.  Caesar,  the  pontifex  maximus,  in  his 
third  consulate,  with  Lepidus  for  his  colleague,  in- 
serted between  November  and  December  two  in- 
tercalary months  of  67  days,  the  month  of  February 
having  already  received  an  intercalation  of  23  days, 
and  thus  made  the  whole  year  to  consist  of  445 
days.  At  the  same  time,  he  provided  against  a 
repetition  of  similar  errors  by  casting  aside  the 
intercalary  month,  and  adapting  the  year  to  the 
sun's  course.  Accordingly,  to  the  355  days  of  the 
previously  existing  year,  he  added  ten  days,  which 
he  so  distributed  between  the  seven  months  having 
29  days,  that  January,  Sextilis,  and  December  re- 
ceived two  each,  the  others  but  one ;  and  these 
additional  days  he  placed  at  the  end  of  the  several 
months,  no  doubt  with  the  wish  not  to  remove  the 
various  festivals  from  those  positions  in  the  several 
months  which  they  had  so  long  occupied.  Hence, 
in  the  present  calendar,  although  there  are  seven 
months  of  31  days,  yet  the  four  months  which  from 
the  first  possessed  that  number  are  still  distinguish- 
able by  having  their  nones  on  the  seventh,  the  rest 
having  them  on  the  fifth  of  the  month.  Lastly,  in 
consideration  of  the  quarter  of  a  day,  which  he 
considered  as  completing  the  true  year,  he  estab- 
lished the  rule,  that  at  the  end  of  every  four  years 
a  single  day  should  be  intercalated  where  the  month 
had  been  hitherto  inserted,  that  is,  immediately 
after  the  Terminalia ;  which  day  is  now  called  the 
Bissextum." 

This  year  of  445  days  is  commonly  called  by 
chronologists  the  year  of  confusion  ;  but  by  Macro- 
bius, more  fitly,  the  last  year  of  confusion.  The 
kalends  of  January,  of  the  year  708  A.U.C.,  fell  on 
the  13th  of  October,  47  B.C.  of  the  Julian  calendar ; 
the  kalends  of  March,  708  A.U.C.,  on  the  1st  of 
January,  46  B.C. ;  and,  lastly,  the  kalends  of  Janu- 
ary, 709  A.U.C.,  on  the  1st  of  January,  45  B.C. 
Of  the  second  of  the  two  intercalary  months  in- 
serted in  this  year  after  November,  mention  is  made 
in  Cicero's  letters.11 

It  was  probably  the  original  intention  of  Caesar 
to  commence  the  year  with  the  shortest  day.  The 
winter  solstice  at  Rome,  in  the  year  46  B.C.,  occur- 
red on  the  24th  of  December  of  the  Julian  calendar. 
His  motive  for  delaying  the  commencement  for 
seven  days  longer,  instead  of  taking  the  following 
day,  was  probably  the  desire  to  gratify  the  supersti- 
tion of  the  Romans,  by  causing  the  first  year  of  the 
reformed  calendar  to  fall  on  the  day  of  the  new 
moon.  Accordingly,  it  is  found  that  the  mean  new 
moon  occurred  at  Rome  on  the  1st  of  January,  45 
B.C.,  at  6h.  16'  P.M.  In  this  way  alone  can  be  ex 
plained  the  phrase  used  by  Macrobius  :  "  Annum 
civilem  Ccesar,  habitis  ad  lunam  dimensionibus  consti- 
tutum,  edicto  palam  proposito  publicavit.,>  This  edict 
is  also  mentioned  by  Plutarch  where  he  gives  the 
anecdote  of  Cicero,  who,  on  being  told  by  some  one 
that  the  constellation  Lyra  would  rise  the  next 
morning,  observed,  "  Yes,  no  doubt,  in  obedience  \t 
the  edict." 

The  mode  of  denoting  the  days  of  the  month  will 


1.  (Ci£s.,  c.  59.)— 2.  (xliii.,  26.)— 3.  (De  Bell.  Civ  ,  ii.,  ad 
extr.)^.  (Fasti,  iii.,  155.)— 5.  (Jul.,  c.  40.)— 6.  (II.  N.,  xvin., 
57.)— 7.  (c.  20.)— 8.  (Sat.,  i.,  14.)— 9.  (xxvi.,  1.)— 10.  (i.,  45.)— 
11.  (AdFam,  vi..  14.) 

I9.ri 


CALENDAR. 


CALENDAR. 


cause  no  difficulty,  if  it  be  recollected  that  the  kal- 
ends always  denote  the  first  of  the  month,  that  the 
nones  occur  on  the  seventh  of  the  four  months 
March,  May,  Quinctilis  or  July,  and  October,  and 
on  the  fifth  of  the  other  months ;  that  the  ides  al- 
ways fall  eight  days  later  than  the  nones;  and, 
lastly,  that  the  intermediate  days  are  in  all  cases 
reckoned  backward,  upon  the  Roman  principle  al- 
ready explained  of  counting  both  extremes. 

For  the  month  of  January  the  notation  will  be  as 
follows : 

1  Kal.  Jan.  17  a.  d.  XVI.  Kal.  Feb. 

2  a.  d.  IV.  Non.  Jan.  18  a.  d.    XV.  Kal.  Feb. 

3  a.  d.  III.  Non.  Jan.  19  a.  d.  XIV.  Kal.  Feb. 

4  Prid.  Non.  Jan.  20  a.  d.  XIII.  Kal.  Feb. 

5  Non.  Jan.  21  a.  d.    XII.  Kal.  Feb. 

6  a.  d.  VIII.  Id.  Jan.  22  a.  d.     XI.  Kal.  Feb. 

7  a.  d.  VII.  Id.  Jan.  23  a.  d.       X.  Kal.  Feb. 

8  a.  d.    VI.  Id.  Jan.  24  a.  d.     IX.  Kal.  Feb. 

9  a.  d.      V.  Id.  Jan.  25  a.  d.  VIII.  Kal.  Feb. 

10  a.  d.     IV.  Id.  Jan.  26  a.  d.    VII.  Kal.  Feb. 

1 1  a.  d.    III.  Id.  Jan.  27  a.  d.     VI.  Kal.  Feb. 

12  Prid.  Id.  Jan.  28  a.  d.      V.  Kal.  Feb. 

13  Id.  Jan.  29  a.  d.     IV.  Kal.  Feb. 

14  a.  d.     XIX.  Kal.  Feb.     30  a.  d.     III.  Kal.  Feb. 

15  a.  d.  XVIII.  Kal.  Feb.     31  Prid.  Kal.  Feb. 

16  a.  d.   XVII.  Kal.  Feb. 

The  letters  a.  d.  are  often,  through  error,  written 
together,  and  so  confounded  with  the  preposition 
ad,  which  would  have  a  different  meaning,  for  ad 
kalendas  would  signify  by,  i.  e.,  on  or  before  the  kal- 
ends. The  letters  are  in  fact  an  abridgment  of  ante 
diem,  and  the  full  phrase  for  "  on  the  second  of 
January"  would  be  ante  diem  quartum  nonas  Janu- 
arias.  The  word  ante  in  this  expression  seems 
really  to  belong  in  sense  to  nonas,  and  to  be  the 
cause  why  nonas  is  an  accusative.  Hence  occur 
such  phrases  as1  in  ante  diem  quartum  Kal.  Decem- 
bris  distulit,  "  he  put  it  off  to  the  fourth  day  before 
the  kalends  of  December,"2  Is  dies  erat  ante  diem 
V.  Kal.  Apr.,  and  ante  quern  diem  iturus  sit,  for  quo 
die.3  The  same  confusion  exists  in  the  phrase 
post  paucos  dies,  which  means  "  a  few  days  after," 
and  is  equivalent  to  paucis  post  diebus.  Whether  the 
phrase  Kalenda  Januarii  was  ever  used  by  the  best 
writers  is  doubtful.  The  words  are  commonly  ab- 
breviated ;  and  those  passages  where  Aprilis,  De- 
cembris,  &c,  occur,  are  of  no  avail,  as  they  are 
probably  accusatives.  The  ante  may  be  omitted,  in 
which  case  the  phrase  will  be  die  quarto  nonarum. 
In  the  leap  year  (to  use  a  modern  phrase),  the  last 
days  of  February  were  called, 

Feb.  23.  a.  d.  VII.  Kal.  Mart. 

Feb.  24.  a.  d.    VI.  Kal.  Mart,  posteriorem. 

Feb.  25.  a.  d.    VI.  Kal.  Mart,  priorem. 

Feb.  26.  a.  d.     V.  Kal.  Mart. 

Feb.  27.  a.  d.    IV.  Kal.  Mart. 

Feb.  28.  a.  d.   III.  Kal.  Mart. 

Feb.  29.         Prid.  Kal.  Mart. 
In  which  the  words  prior  and  posterior  are  used  in 
reference  to  the  retrograde  direction  of  the  reckon- 
ing.    Such,  at  least,  is  the  opinion  of  Ideler,  who 
refers  to  Celsus  in  the  Digests.* 

From  the  fact  that  the  intercalated  year  has  two 
days  called  ante  diem  sextum,  the  name  of  bissextile 
has  been  applied  to  it.  The  term  annus  bissextilis, 
however,  does  not  occur  in  any  writer  prior  to  Beda, 
but,  in  place  of  it,  the  phrase  annus  bissextus. 

It  was  the  intention  of  Caesar  that  the  bissextum 
should  be  inserted  peracto  quadriennii  circuitu,  as 
Censorinus  says,  or  quinto  quoque  incipiente  anno,  to 
use  the  words  of  Macrobius.  The  phrase,  however, 
which  Caesar  used  seems  to  have  been  quarto  quoque 
enno,  which  was  interpreted  by  the  priests  to  mean 

1.  (Cic,  Phil.,  iii.,  8.)— 2.  (Caes.,  Bell.  Gall.,  i.,6.)— 3   (Csbs., 
Bell.  C:v.,  i.,  11  >— 4.  (50,  tit.  16,  s.  98.) 
196 


every  third  year.  The  consequence  was,  that  la 
the  year  8  B.C.,  the  Emperor  Augustus,  finchng  that 
three  more  intercalations  had  been  made  than  was 
the  intention  of  the  law,  gave  directions  that  for  the 
next  twelve  years  there  should  be  no  bissextile. 

The  services  which  Caesar  and  Augustus  had 
conferred  upon  their  country  by  the  reformation  of 
the  year  seems  to  have  been  the  immediate  causes 
of  the  compliments  paid  to  them  by  the  insertion 
of  their  names  in  the  calendar.  Julius  was  substi- 
tuted for  Quinctilis,  the  month  in  which  Caesar  waa 
born,  in  the  second  Julian  year,  that  is,  the  year  of 
the  dictator's  death  -,1  for  the  first  Julian  year  was 
the  first  year  of  the  corrected  Julian  calendar,  that 
is,  45  B.C.  The  name  Augustus,  in  place  of  Sex- 
tilis,  was  introduced  by  the  emperor  himself,  at  the 
time  when  he  rectified  the  error  in  the  mode  of  in- 
tercalating,2 anno  Augustano  xx.  The  first  year  of 
the  Augustan  era  was  27  B.C.,  viz.,  that  in  which 
he  first  took  the  name  of  Augustus,  se  vii.  et  M. 
Vipsanio  Agrippa  coss.  He  was  born  in  September, 
but  gave  the  preference  to  the  preceding  month,  for 
reasons  stated  in  the  senatus  consultum,  preserved 
by  Macrobius.3  "  Whereas  the  Emperor  Augustus 
Caesar,  in  the  month  of  Sextilis,  was  first  admitted 
to  the  consulate,  and  thrice  entered  the  city  in  tri- 
umph, and  in  the  same  month  the  legions  from  the 
Janiculum  placed  themselves  under  his  auspices, 
and  in  the  same  month  Egypt  was  brought  under 
the  authority  of  the  Roman  people,  and  in  the  same 
month  an  end  was  put  to  the  civil  wars ;  and 
whereas,  for  these  reasons,  the  said  month  is,  and 
has  been,  most  fortunate  to  this  empire,  it  is  hereby 
decreed  by  the  senate  that  the  said  month  shall  be 
called  Augustus."  "  A  plebiscitum  to  the  same  ef- 
fect was  passed  on  the  motion  of  Sextus  Pacuvius, 
tribune  of  the  plebs." 

The  month  of  September  in  like  manner  received 
the  name  of  Germanicus  from  the  general  so  called, 
and  the  appellation  appears  to  have  existed  even  in 
the  time  of  Macrobius.  Domitian,  too,  conferred 
his  name  upon  October,  but  the  old  word  was  re- 
stored upon  the  death  of  the  tyrant. 

The  Fasti  of  Caesar  have  not  come  down  to  us 
in  their  entire  form.  Such  fragments  as  exist  may 
be  seen  in  Gruter's  Inscriptiones,  or  more  com- 
pletely in  Foggini's  work,  Fastorum  Anni  Romant 
.  .  reliquice.  See  also  some  papers  by  Ideler  in  the 
Berlin  Transactions  for  1822  and  1823. 

The  Gregorian  Year. — The  Julian  calendar  sup- 
poses the  mean  tropical  year  to  be  365d.  6h.  ;  but 
this,  as  we  have  already  seen,  exceeds  the  reai 
amount  by  IT  12",  the  accumulation  of  which,  yeai 
after  year,  caused,  at  last,  considerable  inconveni- 
ence. Accordingly,  in  the  year  1582,  Pope  Gregory 
the  XHIth.,  assisted  by  Aloysius,  Liiius,  Christoph 
Clavius,  Petrus  Ciaconius,  and  others,  again  re- 
formed the  calendar.  The  ten  days  by  which  the 
year  had  been  unduly  retarded  were  struck  out  by 
a  regulation  that  the  day  after  the  fourth  of  October 
in  that  year  should  be  called  the  fifteenth ;  and  it 
was  ordered  that,  whereas  hitherto  an  intercalaiy 
day  had  been  inserted  every  four  years,  for  the  fu- 
ture three  such  intercalations  in  the  course  of  four 
hundred  years  should  be  omitted,  viz.,  in  those 
years  which  are  divisible  without  remainder  by  100, 
but  not  by  400.  Thus,  according  to  the  Julian  cal 
endar,  the  years  1600,  1700,  1800,  1900  and  2000 
were  to  have  been  bissextile  ;  but,  by  the  regulation 
of  Gregory,  the  years  1700,  1800,  and  1900,  were 
to  receive  no  intercalation,  while  the  years  1600 
and  2000  were  to  be  bissextile  as  before.  The  bull 
which  effected  this  change  was  issued  Feb.  24. 
1582.  The  fullest  account  of  this  correction  is  to 
be  found  in  the  work  of  Clavius,  entitled  Roman 

1.  (Censorinus.  c.  22.)— 2.  (Suet.,  Octav.,  c.  31.)-  3.  (c.   12.1 


CALENDAR. 


CALENDAR. 


Calcndarii  a  Gregorio  XIII.  P.M.  rcstituti  Explica- 
tio.  As  the  Gregorian  calendar  has  only  97  leap- 
years  in  a  period  of  400  years,  the  mean  Gregorian 
year  is  (303  X  365-1-97  x  366) -f 400,  lhat  is,  365d., 
5h.,  49'  12",  or  only  24"  more  than  the  mean  tropi- 
cal year.  This  difference,  in  sixty  years,  would 
amount  to  24',  and  in  60  times  60,  or  3600  years, 
to  24  hours,  cr  a  day.  Hence  the  French  astrono- 
mer, Delambre,  has  proposed  that  the  years  3600, 
7200,  10,800,  and  all  multiples  of  3600,  should  not 
be  leap-years.  The  Gregorian  calendar  was  intro- 
duced into  the  greater  part  of  Italy,  as  well  as  in 
Spain  and  Portugal,  on  the  day  named  in  the  bull. 
Into  France,  two  months  after,  by  an  edict  of  Henry 
III.,  the  9th  of  December  was  followed  by  the  20th. 
The  Catholic  parts  of  Switzerland,  Germany,  and 
the  Low  Countries  adopted  the  correction  in  1583, 
Poland  in  1586,  Hungary  in  1587.  The  Protestant 
parts  of  Europe  resisted  what  they  called  a  papis- 
tical invention  for  more  than  a  century.  At  last, 
in  1700,  Protestant  Germany,  as  well  as  Denmark 
and  Holland,  allowed  reason  to  prevail  over  preju- 
dice, and  the  Protestant  cantons  of  Switzerland 
copied  their  example  the  following  year. 

In  England,  the  Gregorian  calendar  was  first 
adopted  in  1752,  and  in  Sweden  in  1753.  In  Rus- 
sia, and  those  countries  which  belong  to  the  Greek 
Church,  the  Julian  year,  or  old  style  as  it  is  called, 
still  prevails. 

In  this  article  free  use  has  been  made  of  Ideler's 
work  Lehrbuch  dcr  Chronologic  For  other  infor- 
mation connected  with  the  Roman  measurement 
of  time,  see  Clepsydra,  Dies,  Hora,  Horologia, 
Lustrum,  Nundin^:,  Speculum,  Sidera. 

The  following  Calendar,  which  gives  the  rising 
and  setting  of  the  stars,  the  Roman  festivals,  &c, 
is  taken  from  an  article  on  the  Roman  Calendar 
in  Pauly's  Real-Encyclop'ddie  der  classischen  Alter- 
th:imswis  sense  haft.  It  has  been  principally  compiled 
from  Ovid's  Fasti,  Columella,  and  Pliny's  Natural 
History.  The  letter  O.  signifies  Ovid,  C.  Columella, 
I*.  Pliny;  but  when  C.  is  placed  immediately  after 
the  date,  it  signifies  a  day  on  which  the  Comitia 
were  held. 


A. 
B. 
C. 

r> 


1  Jan.  Kal. 


2 
3 
4 


E.    5 


IV. 

III. 

Prid. 

Non. 


F. 

6 

VIII 

G 

7 

VII 

H 

8 

VI 

A. 

9 

V 

B. 

10 

IV 

C. 

11 

III 

D. 

12 

Prid 

E. 

13 

Id 

P. 

14 

XIX 

G. 

15 

XVIII. 

H. 

16 

XVII. 

A. 

17 

XVI 

S 

18 

XV 

C. 

19 

XIV. 

D. 

20 

XIII. 

L 

21 

XII 

JANUARIUS. 

F. 
F. 

C.  Cancer  occidit. 

C  Caesari  Delphinus  matutino  ex- 
oritur.  PI. 

F.  Lyra  oritur.  O.  et  P.  tempesta- 
tem  significat.  O.  Atticae  et  finiti- 
mis  regionibus  aquila  vesperi  occi- 
dit. 

F. 

C. 

C.  Delphini  vespertino  occasu  con- 
tinui  dies  hiemant  Italiae.  PI. 

Agon.  Delphinus  oritur.  O. 

En.  Media  hiems.  O. 

Car.  Np. 

C. 

Np. 

En.  Dies  vitios.  ex  SC. 

Car.  Tempestas  incerta.  C. 

C.  Sol  in  Aquarium  transit,  Leo 
mane  incipit  occidere  ;  africus,  in- 
terdum  auster  cum  pluvia.  C. 

C.  Sol  in  Aquario.  O.  et  P.  Cancer 
desinit  occidere  :  hiemat.  C. 

C.  Aquarius  incipit  oriri,  ventus  af- 
ricus tempestatenr.  significat.  C. 

C. 

C. 

c. 


F.  22  XI.  C.  Fidicula  vesperi  occidit,  dies  plu< 

vius.  C. 

G.  23  X.  Lyra  occidit.  O. 

H.  24  IX.  C.  Leonis,  qua?  est  in  pectore,  clara 
Stella  occidit.  O.  Ex  occasu  pris- 
tini  sideris  significat  tempestatem ; 
interdum  etiam  tempestas.  C. 

A.  25      VIII.  C.  Stella  regia  appellata  Tuberoni 

in  pectore  Leonis  occidit  matuti 
no.  P. 

B.  26         VII.  C. 

C.  27  VI.  C.  Leonis,  quae  est  in  pectore,  clara 

Stella  occidit,  nonnunquam  signifi- 
catur  hiems  tripartita.  C. 

D.  28  V.  C.  Auster,  aut  africus,  hiemat :  plu- 

vius  dies.  C. 

E.  29  IV.  F. 

F.  30  IU.  N.  Delphinus  incipit  occidere,  item 

Fidicula  occidit.  C. 

G.  31        Prid.  C.  Eorum,  quae  supra  sunt,  siderum 

occasus  tempestatem  facit :  inter 
dum  tantummodo  significat.  C. 


H.    1  Feb.  Kal. 


A. 
B. 


C. 
D. 


E. 
F. 

G. 
H. 
A. 
B. 
C. 
D. 
E. 


2 
3 


4 
5 


6 

7 

8 
9 
10 
11 
12 
13 
14 


F.  15 


IV. 
III. 


Prid. 
Non. 


VIII. 
VII. 

VI. 
V. 

IV. 

III. 
Prid. 

Id. 
XVI. 


XV. 


G. 

16 

XIV. 

H. 

17 

XIII. 

A. 
B. 

C. 

18 
19 
20 

XII. 

XI. 

X. 

D. 

21 

IX. 

E. 

22 

VIII. 

F. 

23 

VII. 

G. 
H. 
A. 

24 
25 
26 

VI. 

V. 

IV. 

FEBRUARIUS. 

N.  Fidis  incipit  occidere,  ventus  eu 
rinus  et  interdum  auster  cum  gran 
dine  est.  C. 

N.  Lyra  et  medius  leo  occidunt.  O. 

N.  Delphinus  occidit.  O.  Fidis  tota 
et  Leo  medius  occidit.  Corus  aut 
septentrio,  nonnunquam  favonius. 
C.     . 

N.  Fidicula  vesperi  occidit.  P. 

Aquarius  oritur,  zephyrus  flare  inci- 
pit. O.  Mediae  partes  Aquarii  oii- 
untur,  ventosa  tempestas.  C. 

N. 

N.  Calisto  sidus  occidit :  favonii  spt- 
rare  incipiunt.  C. 

N.  Ventosa  tempestas.  C. 

N.  Veris  initium.  0. 

N. 

N.  Arctophylax  oritur.  O. 

N. 

Np. 

N.  Corvus,  Crater,  et  Anguis  oriun- 
tur.  0.  Vesperi  Crater  oritur, 
venti  mutatio.  C. 

Luper.  Np.  Sol  in  Pisces  transitum 
facit :  nonnunquam  ventosa  tem- 
pestas. 

En.  Venti  per  sex  dies  vehementius 
flant.     Sol  in  Piscibus.  0. 

Quir.  Np.  Favonius  vel  auster  cum 
grandine  et  nimbis  ut  et  sequent! 
die.  C. 

C. 

C. 

C.  Leo  desinit  occidere  ;  venti  sev 
tentrionales,  qui  dicuntur  ornithiae, 
per  dies  triginta  esse  solent :  turn 
et  hirundo  advenit.  C. 

Feral.  F.  Arcturus  prima  nocte  ori- 
tur :  frigidus  dies :  aquilone.  vel 
coro,  interdum  pluvia.  C. 

C.  Sagitta  crepusculo  incipit  oriri ; 
vanae  tempestates  :  halcyonei  dies 
vocantur.  C. 

Ter.  Np.  Hirundinum  adventus.  0. 
Ventosa  tempestas.    Hirundo  con- 
spicitur.  C.     Arcturi  exortus  ve* 
pertinus.  P. 

Regif.  N. 

C. 

En 

197 


CALENDAR. 


CALENDAR. 


B.  27         III.  Eq.  Np. 
0    28        Prid.  C. 


D. 
E. 
F. 
G. 
H. 


1  Mart.  Ki 

2  VI. 

3  V. 

4  IV. 

5  III. 


A.    6       Prid, 


B. 

C. 


7 
8 


D.     9 


E. 
F. 

<G. 
H. 
A. 
B. 


C. 
D. 


10 
11 
12 
13 
14 
15 


Non. 
VIII 

VII. 

VI. 

V. 

IV. 

III. 

Prid. 
Id. 


Piscis  aqui- 

In  Attica  Mil- 
P. 


16  XVII. 

17  XVI 


E.  18 


XV. 


F. 

19 

XIV 

G. 

20 

XIII 

Hi 

21 

XII 

A. 

22 

XI 

B. 

23 

X 

C.  24 


D. 
E. 
F. 

G. 
H. 
A. 
B. 


25 
26 

27 

28 
29 
30 
31 


IX, 


VIII. 

VII. 

VI. 

V. 
IV. 

III. 

Prid. 


C.    1  Apr.  Kal. 


D.  2 

E  3 

F.  4 

G.  5 


IV. 
III. 

Prid. 

Non. 


H.    6       VIII. 
A.    7        VII. 


6.    8 


VI. 


D. 

9 

V 

D. 

10 

IV 

E. 

11 

III 

198 

MARTIUS. 

l.Np. 
F. 

C.  Alter  e  Piscibus  occidit.  0. 
C. 
C.  Arctophylax  occidit.    Vindemi 

ator  oritur.  O.     Cancer  oritur  Cae- 

sari.  P. 
Np.  Hoc  die  Csesar  Pontifex  Maxi- 

mus  factus  est. 
F.  Pegasus  oritur.  0. 
F.  Corona  oritur.  O. 

lonius  oritur.  P. 
C.  Orion  exoritur. 

vius  apparere  servatur. 
C. 

c. 
c. 

En. 

Eq.  Np. 

Np.  Nepa  incipit  occidere,  significat 
tempestatem.  C.  Scorpius  occidit 
Caesari.  P. 

F.  Scorpius  medius  occidit.  0.  Ne- 
pa occidit,  hiemat.  C. 

Lib.  Np.  Milvius  oritur.  0.  Sol  in 
Arietem  transitum  facit.  Favoni- 
us  vel  corus.  C. 

N.  Sol  in  Ariete.  O.  Italiae  Milvi- 
us ostenditur.  P. 

Quin.  N. 

C. 

C.  Equus  occidit  mane.  C.  P.  sep- 
tentrionales  venti.  C. 

N. 

Tubil.  Np.  Aries  incipit  exoriri,  plu- 
vius  dies,  interdum  ningit.  C. 

Q.  Rex  C.  F.  Hoc  et  sequenti  die 
aequinoctium  vernum  tempestatem 
significat.  C. 

C.  iEquinoctium  vernum.  0.  P. 

C. 

Np.  Hoc  die  Caesar  Alexandriam 
recepit. 

C. 

C. 

c. 
c. 

APKILIS. 

N.  Scorpius  occidit.  O.  Nepa  oc- 
cidit mane,  tempestatem  signifi- 
cat. C. 

C.  Pleiades  occidunt.  C. 

C.  In  Attica  Vergiliae  vesperi  oc- 
cultantur.  C. 

C.  Ludi  Matr.  Mag.  Vergiliae  in  Bce- 
otia  occultantur  vesperi.  P. 

Ludi.  Favonius  aut  auster  cum 
grandine.  C.  Caesari  et  Chal- 
daeis  Vergiliae  occultantur  vesperi. 
iEgypto  Orion  et  Gladius  ejus  in- 
cipiunt  abscondi.  P. 

Np.  Ludi.  Vergiliae  vesperi  celan- 
tur.     Interdum  hiemat.  C. 

N.  Ludi.  Hoc  die  et  duobus  sequen- 
tibus  austri  et  africi,  tempestatem 
significant.  C. 

N.  Ludi.  Significatur  imber  Librae 
occasu.  P. 

N.  Ludi. 

N.  Ludi  in  Cir. 

N.  Ludi. 


F.  12       Prid. 


G. 
H. 

A. 
B. 


13  Id. 

14  XVIII. 

15  XVII. 

16  XVI. 


C.  17 


XV. 


D.  18       XIV. 


E. 

F. 

G. 

H. 

A. 

B. 
C. 


19 

20 

21 

22 

23 

24 
25 


D.  26 


XIII. 

XII. 

XI. 

X. 

IX. 

VIII. 
VII. 

VI. 


E. 

27           V. 

F. 

28          IV. 

G. 

29          III. 

H. 

30       Prid. 

A. 
B. 

IMaLKal. 
2          VI. 

C.    3 


D. 
E. 


4 
5 


IV. 
III. 


F.     6       Prid. 


G. 

7 

Non. 

H. 

8 

VIII. 

A. 

9 

VII. 

B. 

10 

VI. 

C. 

11 

V. 

D. 
E. 

12 
13 

IV. 

III. 

N.  Ludi  Cereri.  Suculae  celautur: 
hiemat.  C. 

Np.  Ludi.    Libra  occidit :  hiemat.  C. 

N.  Ludi.  Ventosa  tempestas  et  im« 
bres,  nee  hoc  constanter.  C 

Ford.  Np.  Lud. 

N.  Ludi.  Suculae  occidunt  vespen 
Atticae.  P. 

N.  Ludi.  Sol  in  Taurum  transitum 
facit,  pluviam  significat.  C.  Sucu- 
lae occidunt  vesperi  Caesari,  hoc 
est  palilicium  sidus.  P. 

N.  Ludi.  Suculae  se  vesperi  celant  : 
pluviam  significat.  C.  ^Egypto 
suculae  occidunt  vesperi.  P. 

Cer.  N.  Ludi  in  Cir.  Sol  in  tauro. 
O. 

N.  Assyriae  Suculae  occidunt  ves- 
peri. C. 

Par.  Np.  Ver  bipartitur,  pluvia  ei 
nonnunquam  grando.  C. 

N.  Vergiliae  cum  Sole  oriuntur.  Af- 
ricus  vel  auster :  dies  humidus.  C. 

Vin.  Np.  Prima  nocte  Fidicula  ap- 
paret :  tempestatem  significat.  C. 

C.  Palilicium  sidus  oritur  Caesari.  P. 

Rob.  Np.  Medium  ver,  Aries  occi 
dit,  tempestatem  significat,  Canis 
oritur.  0.     Hcedi  exoriuntur.  P. 

F.  Bceotiae  et  Atticae  Canis  ves- 
peri occultatur.  Fidicula  mane 
oritur.  P. 

C.  Assyriae  Orion  totus  abscondi- 
tur.  P. 

Np.  Ludi  flor.  Auster  fere  cum 
pluvia.  C. 

C.  Ludi.  Mane  Capra  exoritur., 
austrinus  dies,  interdum  pluviae. 
C.  Assyriae  totus  Canis  abscondi. 
tur.  P.  ' 

C.  Ludi.  Canis  se  vesperi  celat. 
tempestatem  significat. 

MAIUS. 

N.  Capella  oritur.  C. 

F.    Comp.    Argestes    flare   incipit. 
Hyades  oriuntur.  0.     Sucula  cum 
Sole  exoritur,  septentrionales  ven 
ti.  C.     Suculae  matutino  exoriun- 
tur. P. 

C.  Centaurus  oritur.  0.  Centaurus 
totus  apparet,  tempestatem  signif 
icat.  C. 

C. 

C.  Lyra  oritur.  O.  Centaurus  plu 
viam  significat.  C. 

C.  Scorpius  medius  occidit.  O.  Ne 
pa  medius  occidit,  tempestatem 
significat.  C. 

N.  Vergiliae  exoriuntur  mane ;  fa 
vonius.  C. 

F.  Capella  pluvialis  oritur  Caesari. 
^Egypto  vero  eodem  die  Canis 
vesperi  occultatur.  P. 

Lem.  N.  iEstatis  initium,  favoniua 
aut  corus,  interdum  etiam  pluvia. 
C. 

C.  Vergiliae  totae  apparent ;  favoni- 
us aut  corus  :  interdum  et  pluviae. 
C.    Vergiliarum  exortus.  C. 

Lem.  N.  Orion  occidit.  0.  Arcturi 
occasus  matutinus  Caesari  tempes- 
tatem significat.  P. 

Np.  Ludi  Mart,  in  Circ. 

Lem.  N.  Pleiades  oriuntur.  ^Esta 
tis  initium.  0.    Fidis  mane  oritur 


JALENDAR. 


CALENDAR. 


significat  tempestatem.  C.   Fidicu- 

Iae  exortus.  P. 
i.  14       Prid.  C.  Taurus  oritur.  0. 
G.  15  Id.  Np.  Fid  is   mane    exoritur,  auster, 

aut  euro-notus  interdum,  dies  hu- 

midus.  C. 
H.  16     XVII.  F. 

A.  17      XVI.  C.  Hoc  et  sequenti  die  euro-notus 

vel  auster  cum  pluvia.  C. 

B.  18        XV.  C. 

C.  19      XIV.  C.  Sol  in  Geminis.  0.  et  C 

D.  20      XIII.  C. 

^.21  XII.  Agon.  Np.  Canis  oritur.  0.  Sucu- 
lae  exoriuntur,  septentrionales  ven- 
ti :  nonnunquam  auster  cum  plu- 
via. C.  Capella  vesperi  occidit  et 
in  Attica  Canis.  P. 

F.  22  XI.  N.  Hoc  et  sequenti  die  Arcturus 

mane  occidit ;  tempestatem  signif- 
icat. C.  Orionis  Gladius  occidere 
incipit.  P. 

G.  23  X.  Tub.  Np. 

H.  24  IX.  Q.  Rex.  C.  F. 

A.  25       VIII.  C.  Aquila  oritur.  O.     Hoc  die  et  bi- 

duo  sequenti  Capra  mane  exoritur, 
septentrionales  venti.  C. 

B.  26        VII.  C.  Arctophylax  occidit.  O. 

C.  27  VI  C.  Hyades  oriuntur. 

D.  28  V.  C. 

E.  29  IV.  C. 

F.  30  III.  C. 
G   31       Prid.  C. 

JUNIUS. 

II.  .Jun.Kal.  N.  Aquila  oritur.  0.  Hoc  et  se- 
quenti Aquila  oritur ;  tempestas 
ventosa  et  interdum  pluvia.  C. 

A.  2         IV.  F.  Mart.  Car.  Monet.    Hyades  ori- 

untur, dies  pluvius.  O.  Aquila  ori- 
tur vesperi.  P. 

B.  3  III.  C.  Caesari  et  Assyriae  Aquila  vespe- 

ri oritur.  P. 
C. 


C. 
D. 
E. 
F. 


4 
5 
6 
7 


G.    8 

H.    9 
A.  10 


Prid. 

Non. 

VIII. 

VII. 

VI. 

V. 
IV. 


B.  11  III. 

C.  12  Prid. 

D.  13  Id. 

E.  14  XVIII. 

F.  15  XVII. 


G.  16 
H.  17 
A  18 
B    19 


C.  20 

D   21 


E.  22 

F.  23 


XVI. 

XV. 

XIV. 

XIII. 


XII. 
XI. 


X. 

IX. 


G.  24      VIII. 


N.  Arcturus  matutino  occidit.  P. 

N.  Arctophylax  occidit.  O.  Arctu- 
rus occidit,  favonius  aut  corus.  C. 

N.  Menti.  in  capit.  Delphinus  ves- 
peri exoritur.  P. 

Vest.  N.  Fer. 

N.  Delphin.  vesperi  oritur.  0.  et  C. 
et  P.  Favonius,  interdum  rorat. 
C. 

Matr.  N. 

N. 

N.  Calor  incipit.  C. 

N. 

Q.  St.  D.  F.  Hyades  oriuntur.  0. 
Gladius  Orionis  exoritur.  P. 

C.  Zephyrus  flat.     Orion  oritur.  0. 

C.  Delphinus  totus  apparet.  0. 

C. 

C.  Minervae  in  Aventino.  Sol  in 
Cancro.  0.  et  C.  In  ^Egypto  Gla- 
dius Orionis  oritur. 

0.  Summano  ad  Circ.  Max.  Ophi- 
uchus  oritur.  O. 

C.  Anguifer,  qui  a  Graecis  dicitur 
'Otjaovxoc,  mane  occidit,  tempesta- 
tem significat.  0. 

C. 

C. 

C.  Hoc  et  biduo  sequenti  solstitium, 
favonius  et  calor.  C.  Longissima 
dies  totius  anni  et  nox  brevissima 
solstitium  conficiunt.  P. 


C.    6       Prid. 


H.  25  VII.  C. 

A.  26  VI.  C.  Orionis  Zona  oritur  :  solstitium. 

O.     Orion  exoritur  Caesari.  P 

B.  27  V.  C. 

C.  28  IV.  C. 

D.  29         III.  C  Ventosa  tempestas.  C. 

E.  30  Prid.  F. 

JULIUS. 

F.  1  Jul.  Kal.  N.  Favonius  vel  auster  et  calor.  O 

G.  2  VI.  N. 
H.    3  V.  N. 

A.  4  IV.  Np.  Corona  occidit  mane.  C.    Zona 

Orionis  Assyriae  oritur.  P.    ^Egyp- 
to  Procyon  matutino  oritur.  P. 

B.  5  III.  Popl.  N.  Chaldaeis  Corona  occidit 

matutino.    Atticae  Orion  eo  die  ex 
oritur. 

N.  Ludi  Apollin.  Cancer  medius 
occidit,  calor.  C. 

N.  Ludi. 

N.  Ludi.  Capricornus  medius  occi- 
dit. C. 

N.  Ludi.  Cepheus  vesperi  exoritur, 
tempestatem  significat.  C. 

C.  Ludi.  Prodromi  flare  incipiunt. 
C. 

C.  Ludi. 

Np.  Ludi. 

C.  Ludi  in  Cir. 

C.  Merk.  ^Egyptiis  Orion  desinit  ex- 
oriri.  P. 

Np.  Merk.  Procyon  exoritur  mane, 
tempestatem  significat.  C. 

F.  Merk. 

C.  Assyriae  Procyon  exoritur.  P. 

C.Merk. 

Lucar.  Np.  Merk. 

C.  Ludi  Vict.  Caesar.  Sol  in  Leo- 
nem  transitum  facit,  favonius.  C. 
Aquila  occidit.  P. 

C.  Lucar.  Ludi. 

C.  Ludi. 

Nept.  Ludi.    Prodromi  in  Italia  sen- 
tiuntur.  P. 
E.  24         IX.  N.  Ludi.    Leonis  in  pectore  clara 
Stella  exoritur,  interdum  tempes- 
tatem significat.  C. 

Fur.  Np.  Ludi.    Aquarius  incipit  oc- 
cidere clare  :  favonius,  vel  auster. 
C. 
G.  26        VII.  C.  Ludi.     Canicula  apparet ;  caligo 
aestuosa.  C. 

27  VI.  C.  In  Circ.    Aquila  exoritur.  C. 

28  V.  C.  In  Circ. 

29  IV.  C.  In  Circ.  Leonis  in  pectore  cla- 
rae  stellae  exoriuntur,  interdum  tem- 
pestatem significat.  C. 

30  III.  C.  In  Circ.  Aquila  occidit,  signifi- 
cat tempestatem.  C. 

31  Prid.  C. 

AUGUSTUS. 

N.  Etesiae.  C. 
C.  Fer. 
C. 

C.  Leo  medius  exoritur ;  tempesta- 
tem significat.  C. 

5  Non.  F. 

6  VIII.  F.  Arcturus  medius  occidit    P. 

7  VII.  C.  Aquarius  occidit  medius,  nebu* 

losus  aestus.  C. 

D.  8  VI.  C.  Vera  ratione  autumni  initium  Fi- 

diculae  occasu.  P. 

E.  9  V.  Np. 

F.  10  IV.  C. 

199 


D. 

7 

Non. 

E. 

8 

VIII. 

F. 

9 

VII. 

G. 

10 

VI. 

H. 

11 

V. 

A. 

12 

IV. 

B. 

13 

HI. 

C. 

14 

Prid. 

D. 

15 

Id. 

E. 

16 

XVII. 

F. 

17 

XVI. 

G. 

18 

XV. 

H. 

19 

XIV. 

A. 

20 

XIII. 

B. 

21 

XII. 

C. 

22 

XI. 

D. 

23 

X. 

F.  25       VIII. 


H. 
A. 
B. 


C. 
D. 


E.  1  Aug.  Kal. 

F.  2  IV. 

G.  3         III. 
H.  4       Prid. 


A. 
B. 

C. 


CALENDAR. 


CALENDAR. 


G.  11 
H.  12 


III. 
Prid. 


A.  13 


Id. 


B.  14       XIX. 


c. 

15 

XVIII 

D. 

16 

XVII 

E. 

17 

XVI 

F. 

18 

XV 

G. 

19 

XIV 

II. 

20 

XIII 

A.. 

21 

XII 

B. 

22 

XI 

c. 

23 

X 

D. 

24 

IX 

E. 

25 

VIII 

F. 

26 

VII 

G. 

27 

VI. 

H. 

28 

V 

A. 

29 

IV 

B. 

30 

III 

O.  31       Prid. 


C.  Fidicula  occasu  suo  autumnum 
inchoat  Ceesari.  P. 

C.  Fidis  occidit  mane  et  autumnus 
incipit.  C.  Atticae  Equus  oriens 
tempestatem  significat  et  vesperi 
iEgypto  et  Caesari  Delphinus  occi- 
dens.  P. 

Np.  Delphini  occasus  tempestatem 
significant.  C. 

F.  Delphini  matutinus  occasus  tem- 
pestatem significat.  C. 

C. 

C. 

Port.  Np. 

C.  Merk. 

Vin.  F.  P. 

C.  Sol  in  Virginem  transitum  facit, 
hoc  et  sequenti  die  tempestatem 
significat,  interdum  et  tonat.  Eo- 
dem  die  Fidis  occidit.  C. 

Cons.  Np. 

En.  Caesari  et  Assyriae  Vindemiator 
oriri  mane  incipit.  P. 

Vole.  Np.  Fidis  occasu  tempestas 
plerumque  oritur,  et  pluvia.  C. 

C. 

Opic.  Np. 

C.  Vindemiator  exoritur  mane,  et 
Arcturus  incipit  occidere,  interdum 
pluvia.  C. 

Volt,  Np. 

Np.  H.  D.  Ara  Victorias  in  Curia  de- 
dicata  est.  Sagitta  occidit :  Etesiae 
desinunt.  P. 

F. 

F.  Humeri  Virginis  exoriuntur. 
Etesiae  desinunt  flare,  et  interdum 
hiemat.  C. 

C.  Andromeda  vesperi  oritur,  inter- 
dum hiemat.  C. 


D.  lSept.Kal. 

E.  2  IV. 

F.  3  III. 

G.  4       Prid. 
II.  5       Non. 


A.  6 

B.  7 


C.  8 

D.  9 

E.  10 

F.  11 


VIII. 
VII. 


VI. 
V. 

IV. 

III. 


G.  12        Prid. 


II.  13  Id. 

A.  14  XVIII. 

B.  15  XVII. 
0.  16  XVI. 


D.  17        XV. 

E.  18       XIV. 

200 


SEPTEMBER. 

N. 

N.  Hoc  die  Fer.  Nep.  Piscis  austri- 
nus  desinit  occidere,  calor.  C. 

Np. 

C.  Ludi  Romani. 

F.  Ludi.  Vindemiator  exoritur.  At- 
ticae Arcturus  matutino  exoritur  et 
Sagitta  occidit  mane.  P. 

F.  Ludi. 

C.  Ludi.  Piscis  aquilonius  desinit 
occidere  et  Capra  exoritur,  tem- 
pestatem significat.  C. 

C.  Ludi. 

C.  Ludi.  Caesari  Capella  oritur  ves- 
peri. P. 

C.  Ludi. 

C.  Ludi.  I  avonius  aut  africus.  Vir- 
go media  exoritur.  C. 

N.  Ludi.  Arcturus  oritur  medius 
vehementissimo  significatu  terra 
marique  per  dies  quinque.  P. 

Np.  Ex  pristino  sidere  nonnunquam 
tempestatem  significat.  C. 

F.  Equor.  Prob. 

N.  Ludi  Rom.  in  Circ. 

C.  In  Circ.  ^Egypto  Spica,  quam 
tenet  Virgo,  exoritur  matutino  Ete- 
siaeque  desinunt.  P. 

C.  In  Circ.  Arcturus  exoritur,  fa- 
vonius  aut  africus,  interdum  eurus. 
C. 

C.  In  Cir(;.  Spica  Virginis  exoritur, 
favonius  aut  corus.  C.  Spica  Cae- 
sari oritur.  P. 


F.  19       XIII. 


G.  20        XII. 
H.  21  XI. 


A.  22 

B.  23 


X. 

IX. 


C.  24       VIII. 


D. 

25 

VII 

E. 

26 

VI 

F. 

27 

V 

G.  28 


IV. 


H.  29  III. 

A.  30       Prid. 


B.  1  Oct.  Kal. 

C.  2  VI. 

D.  3  V. 

E.  4  IV. 


F.  5 

G.  6 

H.  7 

A.  8 


B.  9 

C.  10 


D.  11 

E.  12 

F.  13 


G.  14 
H.  15 


A.  16 

B.  17 

C.  18 

D.  19 


III. 

Prid. 

Non. 
VIII. 


VII. 
VI. 


V. 
IV. 
III. 


Prid. 
Id. 


XVII. 

XVI. 

XV. 

XIV. 


E.  20       XIII. 


F. 

21 

XII 

G. 

22 

XI 

H. 

23 

X 

A. 

24 

IX 

B. 

25 

VIII 

C.  In  Circ.  Sol  in  Libram  transi- 
tum facit.  Crater  matutino  tem- 
pore apparet.  C. 

C.  Merk. 

C.  Merk.  Pisces  occidunt  mane. 
Item  Aries .  occidere  incipit,  favo- 
nius aut  corus  interdum  auster  cum 
imbribus.  C.  Caesari  commissura 
Piscium  occidit.  P. 

C.  Merk.  Argo  navis  occidit,  tem- 
pestatem significat,  interdum  etiam 
pluviam.  C. 

Np.  Merk.  H.  D.  Augusti  natalis. 
Ludi  Cir.  Centaurus  incipit  mane 
oriri,  tempestatem  significat,  inter- 
dum et  pluviam.  C. 

C.  ^Equinoctium  autumnale  hoc  die 
et  biduo  sequenti  notat  Columella, 
Plinius  hoc  die. 

C. 

c. 

Hoedi  exoriuntur,  favonius,  nonnun- 
quam auster  cum  pluvia.  C. 

Virgo  desinit  oriri,  tempestatem  sig- 
nificat. C.  Capella  matutina  exo- 
ritur, consentientibus,  quod  est  ra- 
rum,  Philippo,  Calippo,  Doritheo, 
Parmenisco,  Conone,  Critone,  De- 
mocrito,  Eudoxo,  lone.  P. 

F.  Hoedi  oriuntur  iisdem  consenti- 
entibus. P. 

C. 

OCTOBER. 

N.  Tempestatem  significat.  C. 

F. 

C. 

C.  Auriga  occidit  mane.  Virgo  de- 
sinit occidere :  significat  nonnun- 
quam tempestatem.  C. 

C.  Corona  incipit  exoriri,  significat 
tempestatem.  C. 

C.  Hoedi  oriuntur  vesperi.  Aries 
medius  occidit :  aquilo  C. 

F. 

F.  Coronae  clara  stella  exoritur.  C. 
Caesari  fulgens  in  Corona  stella 
oritur.  P. 

F. 

C.  Vergiliae  exoriuntur  vesperi ;  fa- 
vonius et  interdum  africus  cum  plu- 
via. C. 

Meditr. 

Aug.  Np. 

Pont.  Np.  Hoc  et  sequenti  die  Co 
rona  tota  mane  exoritur,  auster  hi- 
bernus  et  nonnunquam  pluvia.  C. 
Vergiliae  vesperi  oriuntur.  P. 

En. 

Np.  Hoc  die  et  sequenti  biduo  inter- 
dum tempestas,  nonnunquam  rorat 
C.   Corona  tota  oritur.  P. 

F. 

C. 

C. 

Arm.  Np.  Sol  in  Scorpionem  tran- 
situm facit.  C. 

C.  Hoc  et  sequenti  die  Solis  exeit» 
Vergiliae  incipiunt  occidere,  tem- 
pestatem significat.  P.. 

C. 

C. 

c. 
c. 
c. 


CALENDAR. 


CALIDA. 


C  26  VII.  C.  Nepae  frons  exoritur,  tempesta- 
tem  significat.  C. 

D.  2?  VI.  C.  Suculae  vesperi  exoriuntur.  P. 

E.  28  V.  C.  Vergilias  occidunt,  hiemat  cum 

frigore  et  gelicidiis.  C. 

F.  29  IV.  C.  Arcturus  vesperi  occidit,  vento- 

sus  dies.  C. 

G.  30  III.  C.  Hoc  et  sequenti  die  Cassiope  in- 

cipit  occidere,  tempestatem  signifi- 
cat. C. 
H.  3-       Prid.  C.  Caesari  Arcturus  occidit,  et  Su- 
culae exoriuntur  cum  Sole.  P. 

NOVEMBER. 

A  1  Nov.Kal.  N.  Hoc  die  et  postero  caput  Tauri 
occidit,  pluviam  significat.  P. 

B.     2  IV Arcturus  occidit  vesperi.  P. 

C     3  III.  ....  Fidicula  mane  exoritur,  hie- 

mat et  pluit.  C. 

D     4       Prid 

E.  5       Non.  F. 

F.  6       VIII.  F.  Ludi.    Fidiculae  sidus  totum  ex- 

oritur, auster,  vel  favonius,  hiemat. 
C. 

G.  7        VII.  C.  Ludi. 

H  8  VI.  C.  Ludi.  Stella  clara  Scorpionis 
exoritur,  significat  tempestatem, 
hiemat.  C. 

A.  9  V.  C.  Ludi.     Hiemis    initium,   auster 

aut  eurus,  interdum  rorat.  C.    Gla- 
dius  Orionis  occidere  incipit.  P. 

B.  10  IV.  C.  Ludi. 

C.  11  III.  C.  Ludi.    Vergilias  occidunt.  P. 
D    12       Prid.  C.  Ludi. 

E    13  Id.  Np.  Epul.  Indict.    Dies  incertus,  sae- 

pius  tamen  placidus.  C. 

P.  14    XVIII.  F. 

G.  15     XVII.  C.  Ludi.  Pleb.  in  Circ. 

H.  16  XVI.  C.  In  Circ.  Fidis  exoritur  mane, 
auster,  interdum  aquilo  magnus.  C. 

A.  17        XV.  C.  In  Circ.    Aquilo,  interdum  aus- 

ter cum  pluvia.  C. 

B.  18       XIV.  C.  Merk.     Sol  in  Sagittarium  tran- 

situm  facit.     Suculae  mane  oriun- 
tur,  tempestatem  significat.  C. 

C.  19       XIII.  C.  Merk. 

D.  20        XII.  C.  Merk.     Tauri  cornua  vesperi  oc- 

cidunt, aquilo  frigidus  et  pluvia.  C. 

E.  21         XI.  C.  Sucula  mane  occidit,  hiemat.  C. 

F.  22  X.  C.  Lepus  occidit  mane,  tempesta- 

tem significat.  C. 

G.  23  IX.  C. 
H.  24       VIII.  C. 

A.  25        VII.  C.  Canicula  occidit  Solis  ortu,  hie- 

mat. C. 

B.  26  VI.  C. 

C.  27  V.  C. 

D.  28  IV.  C. 

E.  29  III.  C. 

F.  30       Prid.  C.  Totae  suculae  occidunt,  favonius 

aut  auster,  interdum  pluvia.  C. 

DECEMBER. 

G.  1  Dec.Kal.  N.  Dies  incertus,  saepius  tamen  pla- 

cidus. 

H.    2  IV 

A.    3  III 

B     4       Prid 

C.  5       Non.  T. 

D.  6       VIII.  .  .  Sagittarius  medius  occidit,  tem- 

pestatem significat.  C. 

E.  7        VII    C.  Aquila  mane  oritur.    Africus,  in- 

terdum auster,  irrorat.  C. 

F.  8  VI.  C. 

G.  9  V.  C. 
H   10          IV.  C. 

Cc 


A.  11 

B.  12 

C.  13 

D.  14 

E.  15 

F.  16 

G.  17 


H.  18 

A.  19 

B.  20 

C.  21 

D.  22 

E.  23 

F.  24 

G.  25 
H.  26 

A.  27 

B.  28 

C.  29 

D.  30 


III. 

Prid. 
Id. 

XIX. 

XVIII. 

XVII. 

XVI. 


XV. 

XIV. 

XIII. 

XII. 

XL 

X. 

IX. 

VIII. 

VII. 

VI. 

V. 
IV. 

III. 


E.  31       Prid. 


Agon.  Np.  Corns  vel  septentrio, 
interdum  auster  cum  pluvia    C. 

En. 

Np.  Scorpio  totus  mane  exoritur, 
hiemat.  C. 

F. 

Cons.  Np. 

C. 

Sat.  Np.     Feriae   Saturni.     Sol    in 
Capricornum  transitum  facit,  bru- 
male  solstitium  ut  Hipparcho  pin 
?et.  C. 

C.  Ventorum  commutatio.  O 

Opil.  Np. 

C. 

Div.  Np. 

C. 

Lar.  Np.  Capra  occidit  mane,  tem- 
pestatem significat.  C. 

C.  Brumale  solstitium,  sicut  Chal- 
daei  observant,  significat.  C. 

C. 

c. 

C  Delphinus  incipit  oriri  mane, 
tempestatem  significat.  C. 

C. 

F.  Aquila  occidit,  hiemat.  C. 

F.  Canicula  occidit  vesperi,  tempes- 
tatem significat.  C. 

C.  Tempestas  ventosa.  C. 


EXPLANATION    OF    ABBREVIATIONS. 

A,  B,  C,  D,  E,  F,  G,  H.  These  letters  are  found 
in  all  the  old  calendars,  and  no  doubt  were  used  for 
the  purpose  of  fixing  the  nundines  in  the  week  of 
eight  days  ;  precisely  in  the  same  way  in  which  the 
first  seven  letters  are  still  employed  in  ecclesiastical 
calendars  to  mark  the  days  of  the  Christian  week. 

Agon.,  Agonalia. — Arm.,  Armilustrum,  Varro.- — 
Apollin.,  Apollinarcs. —  August.,  Auguslalia. — C, 
Comitialis,  Comitiavit.  —  Caes.,  Cccsaris.  —  Capit., 
Capitolio. — Car.,  Carmentalia. — Car.,  Carna. — Cer., 
Cerealia,  Varro. — Cir.  and  Circ,  Circenses,  Circo. 
— Comp.,  Compitalia. — Con.,  Consualia,  Plutarch. — 
Div.,  Divalia,  Festus. — Eid.,  Eidus. — En.,  Endoter- 
cisus,  that  is,  intercisus.  —  Epul.,  Epulum.  —  Eq., 
Equiria,  Varro,  Ovid,  Festus. — Equor.  prob.,  Equo- 
rum  probandorum,  Valer.  Max.  (lib.  2.) — F.,  Fastus. — 
F.  p.,  Fastus  primo. — Fp.,  Fas Prcztori. — Fer.,  Ferice. 
—  Fer.  or  Feral.,  Feralia.  —  Flor.,  Floralia,  Ovid, 
Pliny. — Font.,  Fontanalia,  Varro. — Ford.,  Fordicidia. 
Varro. — H.  D.,  Hoc  Die. — Hisp.,  Hispaniam  vicit. — 
Id.,  Idus. — Indict.,  Indicium. — Kal.,Kalcnd<E. — Lar., 
Larentalia,  Varro,  Ovid,  Plutarch. — Lem.,  Lcmuria, 
Varro,  Ovid. — Lib.,  Liberalia,  Varro. — Lud.,  Ludi- 
Luper.,  Lupercalia,  Varro. — Mart.,  Marti,  Ovid.-- 
Mat.,  Matri  Matutce,  Ovid. — Max.,  Maximum. — Me 
dit.,  Meditrinalia,  Varro. — Merk.,  Merkalus. — Mo 
net.,  Monetoz. — N.,  Nefastus. — N.  F.,  Nefas. — Np., 
Nefastus  primo.  —  Nept.,  Neptunalia,  Neptuno.  — 
Non.,  Nona. — Opal.,  Opalia,  Varro. — Opic,  Opicon- 
siva,  Varro. — Par.,  Parilia,  Varro,  Ovid,  Festus. — 
Pleb.,  Plebeii,  Plebis. — Poplif,  PopLifugium. — Port., 
Portunalia. — Pr.,  Pratori. — Prob.,  Probandorum.— 
Q.,  Quando. — Q.  Rex  c.  F.,  Quando  rex  comitiavit 
fas,  Varro,  Festus. — Q.  St.  d.,  Quando  stcrcus  de- 
fertur,  Varro,  Ovid,  Festus. — Quin.,  Quinquatrus, 
Varro. — Quir.,  Quirinalia. — Regif,  Regifugium,  or, 
according  to  Ovid,  the  23d  of  February. — Rob.,  Ro 
bigalia,  Varro.  —  Satur.,  Saturnalia,  Macrobius.  — 
St.,  Stercus. — Ter.,  Terminalia.  —  Tubil.,  Tubilus- 
trum,  Varro,  Ovid,  Festus. — Vest.,  Vesta. — Vict., 
Victoria. — Vin.,  Vinalia.  Varro. — Vole,  Volcanalia, 
Varro. — Vol.,  Volturnalia,  Varro. 

CALTDA,  or  CALDA,  the  warm  drink  of  the 
Greeks  and  Romans,  which  consisted  of  warm  wa- 

201 


CALIGA. 


CALONES. 


ter  mixed  with  wine,  with  the  addition,  probably,  of 
spices.  This  was  a  very  favourite  kind  of  drink 
with  the  ancients,  and  could  always  be  procured  at 
certain  shops  or  taverns  called  thermopolia,1  which 
Claudius  commanded  to  be  closed  at  one  period  of 
his  reign.'  The  vessels  in  which  the  wine  and  wa- 
ter was  kept  hot  appear  to  have  been  of  a  very  ele- 
gant form,  and  not  unlike  our  tea-urns  both  in  ap- 
pearance and  construction.  A  representation  of  one 
of  these  vessels  is  given  in  the  Museo  Borbonico,3 
<rom  which  the  following  woodcut  is  taken.     In  the 


middle  of  the  vessel  there  is  a  small  cylindrical  fur- 
nace, in  which  the  wood  or  charcoal  was  kept  for 
heating  the  water ;  and  at  the  bottom  of  this  fur- 
nace there  are  four  small  holes  for  the  ashes  to  fall 
through.  On  the  right-hand  side  of  the  vessel  there 
is  a  kind  of  cup,  communicating  with  the  part  sur- 
lounding  the  furnace,  by  which  the  vessel  might  be 
nhea  withoui  taking  off  the  lid  ;  and  on  the  left-hand 
side  there  is,  in  about  the  middle,  a  tube  with  a  cock 
for  drawing  off  the  liquid.  Beneath  the  conical 
cover,  and  on  a  level  with  the  rim  of  the  vessel, 
there  is  a  movable  flat  cover,  with  a  hole  in  the 
middle,  which  closes  the  whole  urn  except  the 
mouth  of  the  small  furnace. 

Though  there  can  be  no  doubt  that  this  vessel 
was  used  for  the  purpose  which  has  been  mention- 
ed, it  is  difficult  to  determine  its  Latin  name  ;  but 
it  was  probably  called  authepsa.  (Vid.  Authepsa.) 
Pollux*  mentions  several  names  which  were  applied 
to  the  vessels  used  for  heating  water,  of  which  the 
iTTvole6rjg,  which  also  occurs  in  Lucian,9  appears  to 
answer  best  to  the  vessel  which  has  been  described 
above.6 

*CALIDRIS  (nalidpic),  the  name  of  a  bird  men- 
tioned by  Aristotle.  Belon  conjectures  that  it  was 
a  bird  called  Chevalier  by  the  French.  The  term 
Calidris  is  now  applied  to  the  Red-shank. 

CA'LIGA,  a  strong  and  heavy  sandal  worn  by  the 
Roman  soldiers. 

Although  the  use  of  this  species  of  calceamentum 
extended  to  the  centurions,  it  was  not  worn  by  the 
superior  officers.  Hence  the  common  soldiers,  in- 
cluding centurions,  were  distinguished  by  the  name 

1.  (Plaut.,  Cur.,  II.,  iii.,  13.— Trin.,  H  iii.,  6.— Rud.,  II.,  vi., 
4!.)—  2.  (Dion,  lx.,  fi.)— 3.  (vol.  iii.,  pi  63.)— 4.  (x.,  66.)— 5. 
(Lexfph.,  8.) — 6.  (Bottiger,  Sabina,  ii.,  p.  34. — Becker,  Gallus, 
i.,p.l75.) 

202- 


of  caligati.1  Service  in  the  ranKS  was  also  designs 
ted  after  this  article  of  attire.  Thus  Marius  was 
said  to  have  risen  to  the  consulship  a  caliga,  i.  e., 
from  the  ranks,9  and  Ventidius  juvextam  inopem  in 
caliga  militari  tolerasse.3  The  Emperor  Caligula  re- 
ceived that  cognomen  when  a  boy,  in  consequence 
of  wearing  the  caliga,  and  being  inured  to  the  life 
of  a  common  soldier.4  Juvenal  expressed  his  de- 
termination to  combat  against  vice  as  a  soldier,  by 
saying  he  would  go  in  caliga,  (veniam  caligatus*). 

The  triumphal  monuments  of  Rome  show  most 
distinctly  the  difference  between  the  caliga  of  the 
common  soldier  (vid.  Arma,  p.  95)  and  the  calceus 
worn  by  men  of  higher  rank.  (Vid.  Abolla,  p.  11 ; 
Ara,  p.  78.) 

The  sole  of  the  caliga  was  thickly  studded  with 
hob-nails  (clavi  caligarii6) ;  a  circumstance  which 
occasioned  the  death  of  a  brave  centurion  at  the 
taking  of  Jerusalem.  In  the  midst  of  victory  his 
foot  slipped,  as  he  was  running  over  the  marble 
pavement  (iiddurpuTov)  of  the  temple,  and,  unable 
to  rise,  he  was  overpowered  by  the  Jews  who  rush- 
ed upon  him.7  The  use  of  hob-nails  (elg  ra  v-rrodf/- 
uara  ijXovc  kyKpovaai)  was  regarded  as  a  sign  of 
rusticity  by  the  Athenians.8 

The  "  caliga  speculatoria,"9  made  for  the  use  of 
spies  (speculatores),  was  probably  very  strong,  thick, 
and  heavy,  and  hence  very  troublesome  (molestis- 
sima10). 

The  making  and  sale  of  caligae,  as  well  as  of 
every  other  kind  of  shoe,  was  a  distinct  trade,  the 
person  engaged  in  it  being  called  "caligarius,"  or 
"  sutor  caligarius."11  After  the  decline  of  the  Ro- 
man Empire,  the  caliga,  no  longer  worn  by  soldiers 
was  assumed  by  monks  and  ascetics. 

*CALLIO'NYMUS  (tcalltuvvpoc),  a  species  of 
fish,  so  called  by  Aristotle.12  iElian13  gives  the 
name  as  naXkv&vvfioc ;  Athenaeus,14  ovpavoctKonos, 
with  which  Galen  agrees ;  Oppian,15  q/xepoKoiTnc ; 
and  Pliny,16  Uranoscopus.  It  is  the  Star-gazer,  the 
Uranoscopus  scaler,  L.,  called  in  French  Rat,  and 
in  Italian  Boca  in  Capo,  according  to  Rondelet  and 
Schneider.17  The  eyes  of  this  fish  are  placed  in  the 
upper  part  of  its  head. 

CALLISTEIA  (KallicTEia),  a  festival,  or,  per- 
haps, merely  a  part  of  one,  held  by  the  women  of 
Lesbos,  at  which  they  assembled  in  the  sanctua- 
ry of  Hera,  and  the  fairest  received  the  prize  of 
beauty.18 

A  similar  contest  of  beauty,  instituted  by  Cypse- 
lus,  formed  a  part  of  a  festival  celebrated  by  the 
Parrhasians  in  Arcadia,  in  honour  of  the  Eleusinian 
Demeter.    The  women  taking  part  in  it  were  called 

XpVGOtiOpOL.19 

A  third  contest  of  the  same  kind,  in  which,  how- 
ever, men  only  partook,  is  mentioned  by  Athenaeuo** 
as  occurring  among  the  Eleans.  The  fairest  man 
received  as  a  prize  a  suit  of  armour,  which  he  dedi- 
cated to  Athena,  and  was  adorned  by  his  friends 
with  ribands  and  a  myrtle  wreath,  and  accompanied 
to  the  temple.  From  the  words  of  Athenaeus,31  who, 
in  speaking  of  these  contests  of  beauty,  mentions 
Tenedos  along  with  Lesbos,  we  must  infer  that  ic 
the  former  island  also  Callisteia  were  celebrated. 

CALO'NES  were  the  slaves  or  servants  of  ths 
Roman  soldiers,  so  called  from  carrying  wood  [nala) 

1.  (Suet.,  Octav.,  25.— Vitell.,  7.)— 2.  (Sen.,  De  Benef.,  t. 
16.)— 3.  (Plin.,  H.  N.,  vii.,  44.)— 4.  (Tacit.,  Ann.,  1.— Suet. 
Calig.,  9.)— 5.  (Sat.,  iii.,  306.)— 6.  (Plin.,  H.  N.,  xxxiv.,  41  . 
ix.,  18.— Juv.,  Sat.,  iii.,  232  ;  xvi.,  25.)— 7.  (Joseph.,  Bell.  Jud., 
vi.,  l,p.  1266,  ed.  Hudson.)— 8.  (Theophr.,  Char.,  4.)— 9.  (Suet., 
Calig.,  52.)— 10.  (Tertull.,  De  Corona,  p.  100,  ed.  Rigalt.)— 11. 
(Spon.,  Misc.  Erud.  Ant.,  p.  220.)— 12.  (H.  A.,  ii.,  15  ;  viii.,  13.) 
—13.  (N.  A.,  xiii.,  4.)— 14.  (viii.,  p.  356.)— 15.  (Halieut.,  ii.,  200. 
»qq.)— 16.  (H.  N.,  xxxii.,  7.)— 17.  (Schneider,  Excurs.,  ii.,  ad 
iElian,  N.  A.,  p.  573,  seqq.— Adams,  Append.,  s.  v.)— 18.  (&t\  o 
ad  II.,  x.,  140.— Suidas,  s.v.— Anthol.  Gr.,  vi.,  No.  292.— Athen., 
xii.,  p.  610.)—19.  (Athen.,  xiii.,  p.  609.)— 20.  (1.  c— Compaw 
Etymol.  Mag.,  8.  v.)— 21.  (xiii.,  p.  610.) 


C  ALUMNI  A. 


CAMELJPARDAfXS. 


for  their  use.  Tnus  says  Festus :  "  Calones  militum 
servi,  quia  ligneas  clavas  gerebant,  qua  Graci  Kuka 
vocabant."  So,  also,  Servius  i1  "  Calas  dicebant  ma- 
jores  nostri  fustes,  quos  portabant  servi  sequentcs 
dominos  ad  pralia."  From  the  same  word  koKov 
comes  nalonove,  a  shoemaker's  last.3  These  calo- 
nes are  generally  supposed  to  have  been  slaves, 
and  almost  formed  a  part  of  the  army,  as  we  may 
learn  from  many  passages  in  Caesar :  in  fact,  we 
are  told  by  Josephus  that,  from  living  always  with 
the  soldiers,  and  being  present  at  their  exercises, 
they  were  inferior  to  them  alone  in  skill  and  valour. 
The  word  calo,  however,  was  not  confined  to  this 
signification,  but  was  also  applied  to  farm-servants, 
instances  of  which  usage  are  found  in  Horace.3 

In  Caesar  this  term  is  generally  found  by  itself; 
in  Tacitus  it  is  coupled  and  made  almost  identical 
with  lixa.  Still  the  calones  and  lixae  were  not  the 
same :  the  latter,  in  fact,  were  freemen,  who  mere- 
ly followed  the  camp  for  the  purposes  of  gain  and 
merchandise,  and  were  so  far  from  being  indispen- 
sable to  an  army  that  they  were  sometimes  forbid- 
den to  follow  it  (ne  lixa  sequerentur  exercitum*). 
Thus,  again,  we  read  of  the  "lixa  mercatoresque,  qui 
plaustris  mcrces  portabant,"6  words  which  plainly 
show  that  the  lixae  were  traders  and  dealers.  Livy 
also6  speaks  of  them  as  carrying  on  business.  The 
term  itself  is  supposed  to  be  connected  with  lixa, 
an  old  word  signifying  water,  inasmuch  as  the  lixae 
supplied  this  article  to  the  soldiers :  since,  however, 
they  probably  furnished  ready-cooked  provisions 
to  the  soldiers,  it  seems  not  unlikely  that  their  ap- 
pellation may  have  some  allusion  to  this  circum- 

CAI/OPUS,  CALOPOD'IUM.     (Vid.  Forma.) 

CALU'MNIA.  Calumniari  is  defined  by  Mar- 
cian,8  "Falsa  crimina  intcndere ;"  a  definition  which, 
as  there  given,  was  only  intended  to  apply  to  crim- 
inal matters.  The  definition  of  Paulus9  applies  to 
matters  both  criminal  and  civil :  "  Calumniosus  est 
<~ui  sciens  prudensque  per  fraudem  negotium  alicui 
eomparat."  Cicero10  speaks  of  "  calumnia,"  and  of 
the  "nimis  callida  et  malitiosa  juris  interpretation  as 
things  related.  Gaius  says,  "  Calumnia  in  adfectu 
est,  sicutfurti  crimen;"  the  criminality  was  to  be  de- 
termined by  the  intention. 

When  an  accuser  failed  in  his  proof,  and  the  reus 
was  acquitted,  there  might  be  an  inquiry  into  the 
conduct  and  motives  of  the  accuser.  If  the  person 
who  made  this  judicial  inquiry  (qui  cognovit)  found 
that  the  accuser  had  merely  acted  from  error  of 
judgment,  he  acquitted  him  in  the  form  non  pro- 
basti ;  if  he  convicted  him  of  evil  intention,  he  de- 
clared his  sentence  in  the  words  calumniatus  es, 
which  sentence  was  followed  by  the  legal  punish- 
ment. 

According  to  Marcian,  as  above  quoted,  the  pun- 
ishment for  calumnia  was  fixed  by  the  lex  Rem- 
mia,  or,  as  it  is  sometimes,  perhaps  incorrectly, 
named,  the  lex  Memmia.11  But  it  is  not  known 
when  this  lex  was  passed,  nor  what  were  its  pen- 
alties. It  appears  from  Cicero13  that  the  false  ac- 
cuser might  be  branded  on  the  forehead  with  the 
letter  K,  the  initial  of  Kalumnia ;  and  it  has  been 
conjectured,  though  it  is  a  mere  conjecture,  that 
this  punishment  was  inflicted  by  the  lex  Remmia. 

The  punishment  for  calumnia  was  also  exsilium, 
relegatio  in  insulam,  or  loss  of  rank  (ordinis  amis- 
tio) ;  but  probably  only  in  criminal  cases,  or  in  mat- 
ters relating  to  status.13 


1.  (Ad  JEn.,  vi.,  1.)— 2.  (Plato,  Symp.)— 3.  (Epist.,  I.,  xiv., 
42.— Sat.,  L,  vi.,  103.)— 4.  (Sail.,  Bell.  Jug.,  c.  45.)— 5.  (Hirti- 
ns,  De  Bell.  Afric,  c.  75.)— 6.  (v.,  8.)-7.  (Vid.  Sail.,  1.  c.)— 8. 
(Dig.  48,  tit.  16,  s.  1.)— 9.  (Sentent.  Recept.,  i.,  tit.  5.)— 10. 
(De  Off.,  i.,  10.)— 11.  (Val.  Max.,  iii.,7,  9.)— 12.  (Pro  Sext.— 
Rose.  Amirino,  c.  20.)— 13.  (Paulus,  Sentent.  Recept.,  v.,  1, 
5,  v.,  4,  11.) 


In  the  case  of  actiones,  the  calumnia  of  the  aeio. 
was  checked  by  the  calumniae  judicium,  the  judici- 
um contrarium,  the  jusjurandum  calumniae,  and  the 
restipulatio,  which  are  particularly  described  by  Gai- 
ns.1 The  defendant  might  in  all  cases  avail  himself 
of  the  calumniae  judicium,  by  which  the  plaintiff,  if 
he  was  found  to  be  guilty  of  calumnia,  was  mulcted 
to  the  defendant  in  the  tenth  part  of  the  value  of 
the  object-matter  of  the  suit.  But  the  actor  was 
not  mulcted  in  this  action,  unless  it  was  shown  that 
he  brought  his  suit  without  foundation,  knowingly 
and  designedly.  In  the  contrarium  judicium,  of 
which  the  defendant  could  only  avail  himself  in 
certain  cases,  the  rectitude  of  the  plaintiff's  purpose 
did  not  save  him  from  the  penalty.  Instead  of 
adopting  either  of  these  modes  of  proceeding,  the 
defendant  might  require  the  plaintiff  to  take  the 
oath  of  calumnia,  which  was  to  the  effect,  "Se  non 
calumnia  causa  agere."  In  some  cases  the  defend- 
ant also  was  required  by  the  praetor  to  swear  that 
he  did  not  dispute  the  plaintiff's  claim,  calumnia 
causa.  Generally  speaking,  if  the  plaintiff  put  the 
defendant  to  his  oath  (jusjurandum  ei  deferebat), 
the  defendant  might  put  the  plaintiff  to  his  oath  of 
calumny.3  In  some  actions,  the  oath  of  calumny 
on  the  part  of  the  plaintiff  was  a  necessary  prelimi- 
nary to  the  action.  In  all  judicia  publica,  it  seems 
that  the  oath  of  calumnia  was  required  from  the 
accuser. 

If  the  restipulationis  poena  was  required  from  the 
actor,  the  defendant  could  not  have  the  benefit  of 
the  calumniae  judicium,  or  of  the  oath  of  calumny ; 
and  the  judicium  contrarium  was  not  applicable  to 
such  cases. 

Persons  who  for  money  either  did  or  neglected 
to  do  certain  things,  calumniae  causa,  were  liable  to 
certain  actions.3 

CA'MARA  (Kafiapa)  or  CAMERA  is  used  in  two 
different  senses: 

I.  It  signifies  a  particular  kind  of  arched  ceiling 
in  use  among  the  Romans,*  and,  most  probably, 
common  also  to  the  Greeks,  to  whose  language  the 
word  belongs.  It  was  formed  by  semicircular  bands 
or  beams  of  wood,  arranged  at  small  lateral  distan- 
ces, over  which  a  coating  of  lath  and  plaster  was 
spread,  and  the  whole  covered  in  by  a  roof,  resem- 
bling in  construction  the  hooped  awnings  in  use 
among  us,9  or  like  the  segment  of  a  cart-wheel, 
from  which  the  expression  rotatio  camararum  is  de- 
rived.6 Subsequently  to  the  age  of  Augustus,  it  be- 
came the  fashion  to  line  the  camara  with  plates  of 
glass ;  hence  they  are  termed  vitrea.1 

II.  Small  boats  used  in  early  times  by  the  people 
who  inhabited  the  shores  of  the  Palus  iMaeotis,  ca 
pable  of  containing  from  twenty-five  to  thirty  men, 
were  termed  Kafidpac  by  the  Greeks.8  They  were 
made  to  work  fore  and  aft,  like  the  fast-sailing 
proas  of  the  Indian  seas,  and  continued  in  use  until 
the  age  of  Tacitus,  by  whom  they  are  still  named 
camara,9  and  by  whom  their  construction  and  uses 
are  described.10 

*CAMELOPARD'ALIS  (Kafiylondpdalic),  the 
Camelopard  or  Giraffe,  the  Giraffa  Camelopardalis, 
L.  "The  name  Giraffa,"  observes  Lt.  Col.  Smith, 
"  is  derived  from  the  Arabic  Zuraphahta,  which  is 
itself  corrupted  from  Amharir  Zirataka;  and  the 
Romans,  who  had  seen  this  animal  several  times 
exhibited  from  the  period  when  Julius  Caesar  first 
displayed  one  to  the  people,  described  it  under  the 
name  of  Camelopardalis,  on  account  of  its  similari- 
ty to  the  Camel  in  form,  and  to  the  Panther  or 


1.  (iv.,  174-181.)— 2.  (Dig.  12,  tit.  2,  s.  37.)— 3.  (Dig.  3,  tit. 
6.)-4.  (Cic,  ad  Quint.  Fratr.,  iii.,  1,  >)  1.— Propert.,  III.,  a., 
10.— Plin.,  H.N.,  xxxvi.,64.)—  5.  (Vitruv.,  vii.,  3.)— 6.  (Salmaa. 
in  Spart.,Hadr.,  c.  10.)— 7.  <Plin.,  I.e.— Compare  Statms,  StIt., 
(Strabo,  xi.,  p.  388,  ed.  Siebenkees.)—  9.  'Hufc- 


I.,  iii.,  53.)— 8, 

iii.,  47.)-  <1j*    'r  «pa.re  Gell    x.,  25 


203 


CAMELUS. 


CAMPUS  MARTIVjS. 


f  ardalis  in  spots.  This  beautiful  animal  is  noticed 
by  Oppian,1  Diodorus  Siculus,3  Horace,3  Strabo,* 
and  PJiny  ;5  but  the  first  satisfactory  description  is 
found  in  the  JEthiopica  of  Heliodorus.6  Schneider 
follows  Pallas  in  referring  the  ndpSiov  of  Aristotle7 
to  this  same  animal.  Modern  naturalists  have 
known  the  Giraffe  only  since  Mr.  Patterson,  Col. 
Gordon,  and  M.  le  Vaillion  found  it  in  South  Afri- 
ca ;  but  as  the  Romans  were  acquainted  with  the 
animal,  it  must  have  existed  to  the  north  of  the 
equinoctial  line.  It  would  appear,  moreover,  that 
a  variety  or  second  species  is  found  in  Central  Af- 
rica ;  for  Park,  in  describing  his  escape  from  cap- 
tivity among  the  Moors,  noticed  an  animal  of  a 
gray  colour,  which  he  refers  to  the  Camelopardalis. 
Lt.  Col.  Smith  considers  this  animal  as  the  wild 
Camel  of  the  mountains,  the  existence  of  which 
has  been  attested  by  several  negroes  brought  from 
the  interior,  and  in  the  Praenestine  Mosaics,  where 
two  spotted  Camelopardales  are  seen  together ;  a  lar- 
ger animal  is  likewise  represented,  with  short  horns, 
but  without  spots,  and  the  name  TABOUC  written 
over.  In  a  drawing  of  the  same  mosaic,  the  word 
appears  to  be  partly  effaced,  but  to  have  been  PA- 
$OUC.  It  is  remarkable,  that  while  the  spotted 
figures  are  without  a  name,  the  animal  in  question, 
occupying  that  part  of  the  picture  which  designates 
the  Cataracts  of  the  Nile,  should  be  called  by  the 
Ethiopian  appellation  of  the  Camelopard,  which,  ac- 
cording to  Pliny,  was  Nobis,  resembling  the  Hot- 
tentot Naip ;  or,  by  the  second  reading,  be  like  the 
Arabic,  or  one  of  its  dialects. — The  absence  of  the 
Giraffe  from  Europe  for  three  centuries  and  a  half 
naturally  induced  a  belief  that  the  descriptions  of 
this  animal  were  fabulous,  or  nearly  so,  and  that  a 
creature  of  such  extraordinary  height  and  apparent 
disproportions  was  not  to  be  found  among  the  actu- 
al works  of  nature.  This  skepticism  was  first 
shaken  by  Le  Vaillant,  the  traveller,  and  is  now 
completely  removed."8 

*CAME'LUS  (ko/zj7Xoc),  the  Camel.  As  Buffon 
remarks,  Aristotle  has  correctly  described  the  two 
species  of  Camel,  which  he  calls  the  Bactrian  and 
the  Arabian,  the  former  being  the  Camelus  Bactri- 
anus,  L.,  or  the  Camel  with  two  hunches,  one  on 
the  shoulders,  and  the  other  on  the  croup ;  and  the 
latter,  the  Camelus  Dromedarius,  L.,  or  the  species 
with  only  one  hunch,  and  of  which  the  Dromedary, 
properly  so  called,  is  a  breed.  The  Dromedary  of 
the  Greeks  is  the  Mahairy,  and  is  the  most  celebra- 
ted for  speed.  "  The  name  by  which  these  animals 
are  generally  known  in  Europe  is  evidently  derived 
from  an  Eastern  root,  namely,  Djemel  of  the  Arabs, 
Gamal  or  Gimal  of  the  Hebrews,  and  points  out  the 
quarter  where  they  have  been  domesticated  from  a 
period  anterior  to  all  historical  documents.  Al- 
though the  Greek  and  Roman  writers  take  univer- 
sally as  little  notice  of  the  Camel  as  an  inhabitant 
of  Northwestern  Africa  or  Egypt,  as  they  speak  re- 
peatedly of  him  in  Syria,  Arabia,  and  the  rest  of 
Western  Asia,  we  may  easily  infer,  from  a  consid- 
eration of  the  peculiar  structure  of  this  animal,  that 
the  predestined  habitation  of  the  genus  was  on  the 
sandy  deserts  of  the  Zahara,  as  well  as  the  plains 
of  Arabia,  Persia,  the  Indies,  and  Southern  Tarta- 
ry.  The  silence  of  profane  writers,  however,  is 
compensated  by  the  Sacred  Writings.  In  Genesis, 
the  King  of  Egypt  is  mentioned  as  having  bestowed 
Camels  upon  Abram  ;  consequently,  their  presence 
in  the  valley  of  the  Nile  is  established  before  the 
era  of  the  earliest  Greek  or  Roman  writers.  And 
yet  it  is  a  singular  fact,  that  the  Camel  is  not  rep- 

1.  (Cyreg.,  iii.)— 2.   (ii.,  51.)— 3.   (Epist.,  II.,  i.,   195.)— 4. 
f*viiM  p.  774,  826,   ed.  Cas.) — 5.  (H.  N.,  viii.,  27. — Compare 
Seopon.,  xvi.,  22.)— 6.  (x.,  27.)— 7.  (H.  A.,  ii.,  2.)— 8.  (Griffith's 
Oamr  vol.  iv.,  p  151,  seqq. — Smith's  Supplement.) 
204 


resented  in  the  hieroglyphics,  either  in  domestic 
scenes  or  in  subjects  relating  to  religion.  In  all 
obvious  cases,  the  intelligence  of  man  may  be  con- 
sidered as  acting  in  unison  with  th<2  intentions  of 
Nature ;  now,  as  this  sagacity  to  appreciate  his 
own  interests  had  already,  in  the  earliest  ages,  car- 
ried the  Camel  over  India,  China,  and  Middle  Rus- 
sia, it  is  certainly  rather  surprising  that  the  Romans, 
in  their  frequent  wars  in  Northern  Africa,  should 
not  have  found  them  of  sufficient  importance  to  be 
mentioned,  till  Procopius  first  notices  camel-riding 
Moors  in  arms  against  Solomon,  the  lieutenant  of 
Belisarius  :  from  that  period,  and  most  particularly 
during  the  progress  of  the  sword  of  the  Koran  to 
Morocco,  the  Camel  is  the  most  striking,  and  con- 
sidered the  most  useful  animal  in  the  country.  It 
is  probable  that  this  animal  increased  in  proportion 
as  agriculture  diminished;  at  least  the  two  facts 
are  coeval.  With  the  Koran,  also,  the  Camel  first 
crossed  the  Bosporus,  and  spread  with  the  Turks 
over  their  present  dominions  in  Europe."1 

*CAMM'ARUS  (Kafi/zapog  or  -if),  a  variety  of  the 
Caris,  or  Squilla,  acording  to  Athcnasus.  It  is  the 
common  Lobster,  the  Camrnarus  of  Pliny,  and  the 
Cancer  Camrnarus  of  Linnaeus.  Aristotle,  in  the 
second  chapter  of  the  fourth  book  of  his  *'  History 
of  Animals,"  gives  a  most  faithful  and  elaborate 
account  of  the  species,  which  is  still  an  inhabitant 
of  the  Mediterranean.* 

CAMI'NUS.     (Vid.  House.) 

CAMPESTRE  (sc.  subligar)  was  a  kind  of  gn 
die  or  apron,  which  the  Roman  youths  wore  roun(? 
their  loins  when  they  exercised  naked  in  the  Cam- 
pus Martius.3  The  campestre  was  sometimes  won 
in  warm  weather  in  place  of  the  tunic  under  the 
toga  (campestri  sub  toga  cinctus*). 

CAMPIDOCTO'RES  were  persons  who  taught 
soldiers  their  exercises.5  In  the  times  of  the  Re- 
public, this  duty  was  discharged  by  a  centurion,  ot 
a  veteran  soldier  of  merit  and  distinction  (Excrci 
tationibus  nostris  non  veteranorum  aliquis,  cui  deois, 
muralis  aut  civica,  sed  Grceculus  magister  assistit1). 

CAMPUS  MARTIUS.  The  term  campus  be- 
longs to  the  language  of  Sicily,  in  which  it  signified 
a  hippodrome  or  race-course  (tca/nnoc,  InKodpofioc 
^•iKelolg1) ;  but  among  the  Romans  it  was  used  to 
signify  an  open  plain,  covered  with  herbage,  and 
set  apart  for  the  purpose  of  exercise  or  amusement. 
Eight  of  these  plains  are  enumerated  by  P.  Victor 
as  appertaining  to  the  city  of  Rome  ;  among  which 
the  most  celebrated  was  the  Campus  Martius,  so 
called  because  it  was  consecrated  to  the  god  Mars.1 
Some  difference  exists  between  Livy  and  Dionysius 
Halic'arnassus  respecting  the  period  at  which  thi? 
consecration  took  place.  The  former  states9  that, 
upon  the  expulsion  of  the  Tarquins,  the  people  took 
possession  of  their  property  {ager  Tarquiniorum), 
situate  between  the  city  and  the  Tiber,  and  assign- 
ed it  to  the  god  of  war,  by  whose  name  it  was  sub- 
sequently distinguished ;  whereas  the  latter  says18 
that  the  ager  Tarquiniorum  had  been  usurped  from 
that  divinity,  to  whom  it  belonged  of  old,  and  ap- 
propriated by  the  Tarquins,  so  that  it  was  only  re- 
stored to  its  original  service  upon  their  expulsion, 
which  gains  confirmation  from  a  law  of  Numa,  quo- 
ted by  Festus,11  "Secunda  spolia  in  Martis  aram  in 
campo  Solitaurilia  utra  voluerit  cccdito."1* 

From  the  greater  extent  and  importance  of  this 
plain  beyond  all  the  others,  it  was  often  spoken  of 
as  the  plain,  hut'  efo^v,  without  any  epithet  to  dis- 


1.  (Griffith's  Cuvier,  vol.  iv.,  p.  37.— Smith's  Supplement.)— 
2.  (Adams,  Append.,  s.  v.)— 3.  (Augustin.,  De  Citr.  Dei.,  xir, 
17.) — 4.  (Ascon.,  ad  Cic,  pro  Scauro,  p.  30,  ed.  Orelli. — Hor , 
Epist.,  I.,  xi.,  18.)— 5.  (Veget.,  i.,  13.)— 6.  (Plin.,  Paneg.,  13.) 
—7.  (Hesych.)— 8.  (Liv^  ii.,  5.)— 9.  (1.  c.)— 10.  (v.,  p.  276.  ed 
1704.)— 11.  (s.  v.  Opima.)— 12.  (Compare  Liv.,  i.,  44.) 


CAMPUS  SCELEKATUS 


C.*NATHRON 


tmguish  it,  as  in  the  passage  of  Festus  just  cited  ;l 
and,  therefore,  whenever  the  word  is  so  used,  it  is 
the  Campus  Martius  which  is  to  be  understood  as 
always  referred  to. 

The  general  designation  Campus  Martius  com- 
prised two  plains,  which,  though  generally  spoken 
of  collectively,  are  sometimes  distinguished.2  The 
former  of  these  was  the  so-called  ager  Tarquinio- 
rum,  to  which  Juvenal3  refers,  inde  Superbi  Totum 
regis  agrum;  the  other  was  given  to  the  Roman 
people  by  the  vestal  virgin  Caia  Taratia  or  Suffetia,* 
and  is  sometimes  called  Campus  Tiberinus,5  and 
sometimes  Campus  Minor.6 

It  is  difficult  to  determine  the  precise  limits  of 
the  Campus  Martius,  but  in  general  terms  it  may 
be  described  as  situated  between  the  Via  Lata  and 
Via  Flaminia  on  the  north,  the  Via  Recta  on  the 
south ;  as  bounded  by  the  Tiber  on  the  west,  and 
the  Pantheon  and  gardens  of  Agrippa  towards  the 
east ;  and  the  Campus  Minor,  or  Tiberinus,  occu- 
pied the  lower  portion  of  the  circuit  towards  the 
Via  Recta,  from  the  Pons  JElius  to  the  Pons  Janic- 
ulensis.     (Vid.  Bridge.)7 

That  the  Campus  Martius  was  originally  without 
the  city  is  apparent,  first,  from  the  passages  of 
Livy  and  Dionysius  above  referred  to  ;  secondly, 
from  the  custom  of  holding  the  Comitia  Centuriata 
there,  which  could  not  be  held  within  the  Pomoeri- 
am ;  hence  the  word  campus  is  put  for  the  comitia,8 
which  also  explains  the  expression  of  Cicero,9  fors 
domina  campi,  and  of  Lucan,10  venalis  campus,  which 
means  "  a  corrupt  voter ;"  thirdly,  because  the  gen- 
erals who  demanded  a  triumph,  not  being  allowed 
to  enter  the  city,  remained  with  their  armies  in  the 
Campus  Martius  ;  and,  finally,  because  it  was  not 
lawful  to  bury  within  the  city,  whereas  the  monu- 
ments of  the  illustrious  dead  were  among  the  most 
striking  ornaments  with  which  it  was  embellished.11 
(Vid.  Bustum.)  But  it  was  included  in  the  city  by 
A.urelian  when  he  enlarged  the  walls.12 

The  principal  edifices  which  adorned  this  famous 
plain  are  described  by  Strabo,13  and  are  amply  treat- 
ed of  by  Nardini.1*  It  was  covered  with  perpetual 
verdure,15  and  was  a  favourite  resort  for  air,  exer- 
cise, or  recreation,  when  the  labours  of  the  day 
were  over.16  Its  ample  area  was  crowded  by  the 
young,  who  there  initiated  themselves  in  all  warlike 
and  athletic  exercises,  and  in  the  games  usual  to 
the  palaestra ;  for  which  purpose  the  contiguous 
Tiber  rendered  it  peculiarly  appropriate  in  early 
times,  before  public  baths  were  established.17  Hence 
campus  is  used  as  "  a  field"  for  any  exercise,  mental 
or  bodily.19  Wooden  horses  were  also  kept  in  the 
Campus  Martius,  under  porticoes  in  winter,  and  in 
the  open  plain  during  summer,  in  order  to  give 
expertness  in  mounting  and  dismounting  ;  a  neces- 
sary practice  when  stirrups  were  not  in  use.19 
Horse-races  (equiria)  also  took  place  here,  unless 
when  the  campus  was  overflowed,  upon  which  oc- 
casions they  were  removed  to  the  Campus  Martialis 
on  the  Caelian.20 

CAMPUS  SCELERA'TUS  was  a  spot  within  the 
walls,  and  close  by  the  Porta  Collina,  where  those 
of  the  vestal  virgins  who  had  transgressed  their 
tows  were  entombed  alive,  from  which  circum- 

1.  (Propert.,  ii.,  16,  34.— Ovid,  Fast.,  vi.,  237.— Liv.,  xl.,  45. 
—Lucan,  i.,  180. — Hor.,  Carm.,  III.,  i.,  10. — Cic,  Cat.,  i.,  5. — 
De  Off.,  i.,  29.)— 2.  (Strabo,  v.,  8.)— 3.  (Sat.,  vi.,  525.)— 4. 
;Aul.  Gell.,  vi.,  7.— Plin.,  H.  N.,  xxxiv.,  11.)— 5.  (Gell.  et  Plin., 
11.  cc.)— 6.  (Catull.,  lv.,  3.)— 7.  (Nardini,  Rom.  Ant.,  vi.,  5.— 
Donat.,  De  Urbe  Rom.,  i.,  8.)— 8.  (Cic,  De  Orat.,  iii.,  42.)— 9. 
(in  Pis.,  2.)— 10.  (1.  c.)— 11.  (Strabo,  1.  c— Plut.,  Pomp.,  p. 
647,  D.— Appian,  Bell.  Civ.,  i.,  p.  418.— Suet.,  Aug.,  c.  100.— 
Claud.,  c.  1.)— 12.  (Nardini,  Rom.  Ant.,  i.,  8.)— 13.  (v.,  8.)— 14. 
(Rom.  Ant.,  vi.,  5-9.)— 15.  (Hor.,  Carm.,  III.,  vii.,  25.)— 16. 
(Hor.,  Epist.,  1.,  vii.,  59.)— 17.  (Strabo,  1.  c— Veget.,  i.,  10.)— 
18.  (Cic,  De  Off,  i.,  18.— Acad.,  ii.,  35.— Pro  Muraen.,  8.)— 19. 
(Veget ,  i.,  23.)-  -20.  (Festus,  s.  v.) 


stance  it  takes  its  name.1  As  it  was  jnlawtul  to 
bury  within  the  city,  or  to  slay  a  vestal,  whose  per- 
son, even  when  polluted  by  the  crime  alluded  to, 
was  held  sacred,  this  expedient  was  resorted  to  »u 
order  to  elude  the  superstition  against  taking  away 
a  consecrated  life,  or  giving  burial  within  the  city.* 

CAN'ABOS  or  CINN'ABOS  (KavaSoc  or  Kivva- 
6og)  was  a  figure  of  wood,  in  the  form  of  a  skeleton, 
round  which  the  clay  or  plaster  was  laid  in  forming 
models.  Figures  of  a  similar  kind,  formed  to  dis- 
play the  muscles  and  veins,  were  studied  by  paint- 
ers in  order  to  acquire  some  knowledge  of  anatomy.* 

CANA'LIS,  which  means  properly  a  pipe  or  gut- 
ter for  conveying  water,  is  also  used  in  three  spe- 
cific significations  : 

I.  To  designate  a  particular  part  of  the  Forum 
Romanum.* 

"  Inforo  infimo  boni  homines  atque  dites  ambulant ; 
In  medio  propter  canalem,  Hi  ostentatores  men." 

The  immediate  spot  so  designated  is  not  precisely 
known  ;  but  we  can  make  an  approximation  which 
cannot  be  far  from  the  truth.  Before  the  Cloaca 
were  made,  there,  was  a  marshy  spot  in  the  Forum 
called  the  Lacus  Curtius  ;5  and  as  the  Cloaca  Max- 
ima was  constructed  for  the  purpose  of  draining  off 
the  waters  which  flowed  down  from  the  Palatine 
Hill  into  the  Forum,  it  must  have  had  a  mouth  in 
it,  which  was  probably  near  the  centre.  The  "  ken- 
nel," therefore,  which  conducted  the  waters  to  this 
embouchure,  was  termed  Canalis  in  Foro ;  and  be- 
cause the  idle  and  indigent  among  the  lower  class- 
es were  in  the  habit  of  frequenting  this  spot,  they 
were  named  Canalicolje.6  The  canalis  appears  to 
have  had  gratings  (cancelli)  before  it,  to  which  Cice- 
ro7 refers  when  he  says,  that  after  the  tribune  P. 
Sextus  had  arrived  at  the  Columna  Menia,  "  tanlus 
est  ex  omnibus  spectaculis  usque  a  Capitolio,  tardus 
ex  fori  cancellis  plausus  excitatus ;"  by  which  he 
means  all  classes,  both  high  and  low :  the  upper, 
who  sat  between  the  Columna  Menia  and  the  Cap- 
itol ;  and  the  lower,  who  were  stationed  near  the 
cancelli  of  the  canalis.  In  the  modern  city  of  Rome, 
the  foul  waters  empty  themselves  into  the  sewers 
through  an  archway  nearly  six  feet  high,  the  mouth 
of  which  is  closed  by  an  iron  grating  called  cancello, 
so  that  the  passer-by  is  annoyed  by  the  effluvia  ex- 
haling from  them ;  which,  we  learn  from  a  passage 
in  Tertullian,8  was  also  the  case  in  the  ancient  city. 

II.  Canalis  is  used  by  Vitruvius9  to  signify  the 
channel  which  lies  between  the  volutes  of  an  Ionic 
capital,  above  the  cymatium  or  echinus,  which  may 
be  understood  by  referring  to  the  representation  of 
an  Ionic  capital  given  in  the  article  Astragalus. 

III.  In  reference  to  aquaeducts,  Canalis  is  used 
by  Frontinus10  for  a  conduit  of  water  running  paral- 
lel to  the  main  course  (specus),  though  detached 
from  it.  Accurately  speaking,  it  therefore  means  a 
pipe  of  lead  or  clay,11  or  of  wood,12  attached  to  tho 
aquaeduct,  which  brought  a  stream  of  water  from 
the  same  source,  but  for  some  specific  use,  and  not 
for  general  distribution ;  though  the  word  is  some- 
times used  for  a  watercourse  of  any  kind. 

CAN'ATHRON  (KavaOpov),  a  carriage,  the  uppei 
part  of  which  was  made  of  basket-work,  or,  more 
properly,  the  basket  itself,  which  was  fixed  in  the 
carriage.13    Homer  calls  this  kind  of  basket  xeioivc. M 


1.  (Liv.,  viii.,  15.)— 2.  (Compare  Festus,  s.  v.  Probrum.)— 3 
(Aristot.,  II.  A.,  iii.,  5.— Id.,  De  Gen.  An.,  ii.,  6.— Pollux,  Onom. 
vii.,  164  ;  x.,  189.— Suid.  et  Hesych.,  s.  v.— Muller,  Archacol.  del 
Kunst,  t;  305,  n.  7.)— 4.  (Plaut.,  Curcul.,  IV.,  i.,  14.)— 5.  (Vv 
ro,  De  Ling.  Lat.,  v.,  149,  ed.  Muller.)— 6.  (Festus,  s.  v  — Cor- 
pare  Aul.  Gel.,  iv.,  20.)— 7.  (Pro  Sext.,  58.)— 8.  (De  Pall.,c.S«, 
—9.  (iii.,  3,  p.  97,  ed.  Bipont.)— 10.  (c  67.)— 11.  (Vitruv.,  vui. 
7.)— 12.  (Palladio,  ix.,  11.)— 13.  (Xen.,  Ages.,  viii.,  7.— Plut. 
Ages.,  c  19.)— 14.  (II.,  xxiv.,  190,267.— Ei  stath.,  ad  loc— Com 
pare  Sturz,  Lex.  Xenoph.,  s.  v.  KavaOpov.-  ^Scheffer,  De  Re  V« 
hie,  p.  68.) 

205 


CANDELABRUM. 


CANDELABRUM. 


& 


CANCER,  the  Crab.  (Vid.  Carcinus.) 
JANDE'LA,  a  candle,  made  either  of  wax  (cerea) 
or  tallow  (sebacea),  was  used  universally  by  the  Ro- 
mans before  the  invention  of  oil  lamps  (lucernce).1 
They  used  for  a  wick  the  pith  of  a  kind  of  rush  call- 
ed scirpus.2  In  later  times  candelae  were  only  used 
by  the  poorer  classes ;  the  houses  of  the  more  weal- 
thy were  always  lighted  by  lucernae.3 

CANDELA'BRUM  was  originally  used  as  a  can- 
dlestick, but  was  afterward  used  to  support  lamps 
(Xvxvovxog ),  in  which  signification  it  most  common- 
ly occurs.  The  candelabra  of  this  kind  were  usu- 
ally made  to  stand  upon  the  ground,  and  were  of  a 
considerable  height.  The  most  common  kind  were 
made  of  wood;4  but  those  which  have  been  found 
in  Herculaneum  and  Pompeii  are  mostly  of  bronze.  . 
Sometimes  they  were  made  of  the  more  precious  j 
metals,  and  even  of  jewels,  as  was  the  one  which 
Antiochus  intended  to  dedicate  to  Jupiter  Capitoli- 
nus.5  In  the  temples  of  the  gods  and  palaces  there 
were  frequently  large  candelabra  made  of  marble, 
and  fastened  to  the  ground.6 

There  is  a  great  resemblance  in  the  general  plan 
and  appearance  of  most  of  the  candelabra  which 
have  been  found.  They  usually  consist  of  three 
parts :  1.  the  foot  (Panic) ;  2.  the  shaft  or  stem  (ko,v- 
Xoc) ;  3.  the  plinth  or  tray  (dtaicog),  large  enough  for 
a  lamp  to  stand  on,  or  with  a  socket  to  receive  a 
wax  candle.  The  foot  usually  consists  cf  three 
Jions'  or  griffins'  feet,  ornamented  ttith  leaves  ;  and 
the  shaft,  which  is  either  plain  or  fluted,  generally 
ends  in  a  kind  of  ca?.*al.  on  which  the  tray  rests  for 
supporting  the  lamp.  S^mrtiwias  we  find  a  figure 
between  the  capital  aad  the  tray,  as  is  seen  in  the 
eandeiaJji^Pit  on  the  riaLc  h^nd  a.  tLe  annexed  wood- 


one  on  the  left  hand  is  also  a  representation  of  & 
candelabrum  found  in  the  same  city,*  and  is  made 
with  a  sliding  shaft,  by  which  the  light  might  be 
raised  or  lowered  at  pleasure. 

The  best  candelabra  were  made  at  iEgina  and 
Tarentum.2 

Theie  are  also  candelabra  of  various  other  forms, 
though  those  which  have  been  given  above  are  by 
£*r  the  most  common.  They  sometimes  consist  of 
a  figure  supporting  a  lamp,3  or  of  a  figure,  by  the 
sHe  of  which  the  shaft  is  placed  with  two  branches, 
~ach  of  which  terminates  in  a  flat  disc,  upOn  which 


out,  which  is  taken  from  the  Museo  Borbonico,1  and 
represents  a  candelabrum  found  in  Pompeii.    The 

1.  (Varro,  De  Ling.  Lat.,  v.,  34.— Martial,  xiv.,  43.— Athen., 
xv.,  p.  700.)  — 2.  (Plin.,  H.  N.,  xvi.,  70.)  — 3.  (Juv.,  Sat.,  hi., 
287.)  — 4.  (Cic,  ad  Quint.  Fratr.,  iii.,  7.  — Martial,  xiv.,  44. — 
Petron.,  c.  95— Athen.,  xv.,  p.  700.)— 5.  (Cic,  Verr.,  iv.,  28.)— 
*  (Museo,  Pio-Clem.,  iv.,  1,5;  v.,  1,  3.)— 7.  (iv.,  pi.  57.) 
20Pi 


a  lamp  was  placed.  A  candelabrum  of  the  latter 
kind  is  given  in  the  preceding  woodcut.*  The  stem 
is  formed  of  a  liliaceous  plant ;  and  at  the  base  is  a 
mass  of  bronze,  on  which  a  Silenus  is  seated,  en- 
gaged in  trying  to  pour  wine  from  a  skin  which  he 
holds  in  his  left  hand,  into  a  cup  in  his  right. 
There  was  another  kind  of  candelabrum,  entirelv 


n& 


different  from  those  which  have  been  describe* , 
which  did  not  stand  upon  the  ground,  but  was  pla- 

1.  (Mus.  Borb.,  vi.,  pi.  61.)— 2.  (Plin.,  II.  N.,  xxxiv.,  6.)— 3. 
(Mm.  B.-rb.,  vii.,  pi.  15.)— 4.  (Mus.  Eorb.,  iv.,  pi.  59.) 


CANEPHOROS. 


CANIS. 


ced  upon  the  table.  These  candelabra  usually  con- 
sist of  pillars,  from  the  capita's  of  which  several 
lamps  hang  down,  or  of  trees,  ft  )m  whose  branches 
lamps  also  are  suspended.  The  preceding  woodcut 
represents  a  very  elegant  candelabrum  of  this  kind, 
found  in  Pompeii.1 

The  original,  including  the  stand,  is  three  feet 
high.  The  pillar  is  not  placed  in  the  centre,  but  at 
one  end  of  the  plinth,  which  is  the  case  in  almost 
every  candelabrum  of  this  description  yet  found. 
The  plinth  is  inlaid  in  imitation  of  a  vine,  the  leaves 
of  which  are  of  silver,  the  stem  and  fruit  of  bright 
bronze.  On  one  side  is  an  altar  with  wood  and  fire 
upon  it,  and  on  the  other  a  Bacchus  riding  on  a 
tiger. 

CANDYS  (k6v6vc),  a  gown  worn  by  the  Medes 
and  Persians  over  their  trousers  and  other  gar- 
ments.* It  had  wide  sleeves,  and  was  made  of 
woollen  cloth,  which  was  either  purple  or  of  some 
other  splendid  colour.  In  the  Persepolitan  sculp- 
tures, nearly  all  the  principal  personages  are  cloth- 
ed in  it.  The  three  here  shown  are  taken  from  Sir 
R.  K.  Porter's  Travels.3 


We  observe  that  the  persons  represented  in  these 
sculptures  commonly  put  their  hands  through  the 
sleeves  (SuipKoreg  rue  xe^PaC  ^"  ™v  navduuv),  but 
sometimes  keep  them  out  of  the  sleeves  (Ifw  t&v 
XupiSuv) ;  a  distinction  noticed  by  Xenophon.*  The 
Persian  candys,  which  Strabo5  describes  as  a  "  flow- 
ered tunic  with  sleeves,"  corresponded  to  the  wool- 
len tunic  worn  by  the  Babylonians  over  their  linen 
shirt  (elplveov  Kiduva  eTrevdvvet  ;6  kirevdvTijc  epeovc7). 
A  gown  of  the  same  kind  is  still  worn  by  the  Ara- 
bians, Turks,  and  other  Orientals,  and  by  both 
sexes. 

CANE'PHOROS  (Kav^Spoe).  When  a  sacrifice 
was  to  be  offered,  the  round  cake  (rpoxia  <pdoic  ;8 
7roTavov,9  blri,  mola  salsa),  the  chaplet  of  flowers, 
the  knife  used  to  slay  the  victim,  and  sometimes 
the  frankincense,  were  deposited  in  a  flat  circular 
basket  (/cuveov,  canistrum),  and  this  was  frequently 
carried  by  a  virgin  on  her  head  to  the  altar.  The 
practice  was  observed  more  especially  at  Athens. 
When  a  private  man  sacrificed,  either  his  daughter 
or  some  unmarried  female  of  his  family  officiated 
as  his  canephoros  ;10  but  in  the  Panathenaia,  the 
Dionysia,  and  other  public  festivals,  two  virgins  of 
the  first  Athenian  families  were  appointed  for  the 
purpose.  Their  function  is  described  by  Ovid  in 
the  following  lines  : 

11  Ilia  forte  die  casta  de  more  puellce 
Vertice  supposito  festas  in  Palladis  arces 
Pura  coronatis  portabant  sacra  canistris."11 

1'hat  the  office  was  accounted  highly  honourable 
appears  from  the  fact  that  the  resentment  of  Har- 
modius,  which  instigated  him  to  kill  Hipparchus, 
arose  from  the  insult  offered  by  the  latter  in  forbid- 

1.  (Mus.  Borb.,  ii.,  pi.  13.)— 2.  (Xen.,  Cyr.,  i.,  3,  $  2.— Anab., 
i.,  5,  $  8.— Diod.  Sic,  xvii.,  77.)— 3.  (vol.  i.,pl.  49.)-4.  (Cyiop., 
mi.,  3,  $  10,  13.)— 5.  (xv.,  3,  19.)-£.  (Herod.,  i.,  195.)— 7. 
vStrabo,  xvi.,  1,  20.)— 8.  (Addaei  Epigr.,  Brunck,  ii.,  241.)— 9. 
(.tflian,  V.  H  ,  xi.,  5.)— 10.  (Aristoph.,  Achara.,  241-252.)— 11. 
(Mst.ii.,  713-715  ^ 


ding  the  sister  of  Harmodius  to  walk  as  canephoros 
in  the  Panathenaic  procession.1  An  antefixa  in  the 
British  Museum  (see  woodcut)  represents  the  two 
canephoroe  approaching  a  candelabrum.  Each  of 
them  elevates  one  arm  to  support  the  basket,  while 


she  slightly  raises  her  tunic  with  the  other.  This 
attitude  was  much  admired  by  ancient  artists. 
Pliny2  mentions  a  marble  canephoros  by  Scopas, 
and  Cicero3  describes  a  pair  in  bronze,  which  were 
the  exquisite  work  of  Polycletus.    (Via1.  Caryatis.) 

*CAN'CAMUM  (ndvKafiov),  a  substance  mention- 
ed by  Dioscorides,*  and  which  Paul  of  yEgina5  de- 
scribes as  the  gum  of  an  Arabian  tree,  resembling 
myrrh,  and  used  in  perfumes.  Avicenna  calls  it  a 
gum  of  a  horrid  taste.  Alston  remarks  that  "  some 
have  taken  Lacca  to  be  the  Cancamum  Dioscoridis ; 
but  it  seems  to  have  been  unknown  to  the  ancient 
Greeks."  Upon  the  whole,  Sprengel  inclines  to  the 
supposition  that  it  may  have  been  a  species  of  the 
Amyris  Kataf.6 

CANICOL.-E.     (Vid.  Oanalis.) 

*CANICTJLA.     (Vid.  Sirius.) 

*  CANIS  (kvuv),  the  Dog.     "  The  parent-stock  of 
this  faithful  friend  of  man  must  always  remain  un- 
certain.    Some  zoologists  are  of  opinion  that  the 
breed  is  derived  from  the  wolf;  others,  that  it  is  a 
familiarized  jackal :  all  agree  that  no  trace  of  it  is 
to  be  found  in  a  primitive  state  of  nature.    That 
there  were  dogs,  or,  rather,  animals  of  the  canine 
form,  in  Europe  long  ago,  we  have  evidence  from 
their  remains  ;    and  that  there  are  wild  dogs  we 
also  know.    India,  for  example,  affords  many  of 
them,  living  in  a  state  of  complete  independence, 
and  without  any  indication  of  a  wish  to  approach 
the  dwellings    of  man.     These   dogs,  however, 
though  they  have  been  accurately  noticed  by  com- 
petent observers,  do  not  throw  much  light  upon  the 
question.     The  most  probable  opinion  is  that  ad- 
vanced by  Bell,  in  hts  '  History  of  British  Quadru- 
peds.'    This  author  thus  sums  up :    '  Upon  the 
whole,  the  argument  in  favour  of  the  view  which  I 
have  taken,  that  the  wolf  is  probably  the  original 
of  all  the  canine  races,  may  be  stated  as  follows : 
the  structure  of  the  animal  is  identical,  or  so  nearly 
so  as  to  afford  the  strongest  a  priori  evidence  in  its 
favour.    The  Dog  must  have  been  derived  from  an 
animal  susceptible  of  the  highest  degree  of  domes- 
tication, and  capable  of  great  affection  for  mankind; 
which  has  been  abundantly  proved  of  the  wolf. 
Dogs  having  returned  to  a  wild  state,  and  con- 
tinued in  that  condition  through  many  generations, 
exhibit  characters  which  approximate  more   and 
more  to  those  of  the  wolf,  in  proportion  as  the  in- 
fluence of  domestication  ceases  to  act.     The  two 
animals,  moreover,  will  breed  together,  and  produce 
fertile  young  ;    and  the  period  of  gestation  is  the 
same.    The  period  at  which  the  domestication  of 
the  Dog  first  took  place  is  wholly  lost  in  the  mist 
of  antiquity.     The  earliest  mention  of  it  i:i  tho 


1.  (Thucyd.,  vi.,  56.— JElian,  V.  II.,  xi.,  8.)— 2.  (II.  N. 
xxxvi.,  4,  7.)— 3.  (Verr.,  II.,  iv.,  3.)— 4.  (i.,  23.)— 5.  (vii  ,  3  )- 
6.  (Adams,  Append.,  s.  v.) 

907 


CANNABIS. 


CANTICUM. 


Scriptures  «  ccurs  during  the  iojourn  of  the  Israel- 
ites in  Egypt :  '  But  against  Israel  shall  not  a  dog 
move  his  tongue.'  It  is  again  mentioned  in  the 
Mosaic  law  in  a  manner  which  would  seem  to  show 
that  dogs  were  the  common  scavengers  of  the 
Israel itish  camp,  as  they  still  are  in  many  cities  of 
the  East :  '  Neither  shall  ye  eat  any  flesh  that  is 
torn  of  beasts  in  the  field  ;  ye  shall  cast  it  to  the 
dogs.'  A  similar  office  seems  to  be  repeatedly  al- 
luded to  in  the  course  of  the  Jewish  history.  The 
Dog  was  considered  by  the  Jews  as  eminently  an 
unclean  animal,  and  was  the  figure  selected  for  the 
most  contemptuous  insults.  It  is  impossible  not  to 
be  struck  with  the  similarity  which  exists  in  the 
teelings  of  many  Oriental  nations  at  the  present 
day,  among  whom  the  very  phraseology  of  the 
Scriptures  is,  with  little  modification,  applied  to  a 
similar  purpose.1  The  Dog  was  held  in  great  ven- 
eration in  many  parts  of  Egypt,  particularly  at  the 
city  of  Cynopolis,  where  it  was  treated  with  divine 
honours.  According  to  Plutarch,  however,  the  an- 
imal lost  this  high  rank  by  reason  of  its  eating  the 
flesh  of  Apis,  after  Cambyses  had  slain  the  latter 
and  thrown  it  out,  on  which  occasion  no  other  ani- 
mal would  taste  or  even  come  near  it.  But  con- 
siderable doubt  has  been  thrown  on  this  story,  and 
the  idea  seems  so  nearly  connected,  as  Wilkinson 
remarks,  with  the  group  of  the  god  Mithras,  where 
i  he  dog  is  represented  feeding  on  the  blood  of  the 
slaughtered  ox,  that  there  is  reason  to  believe  the 
story  derived  its  origin  from  the  Persian  idol.  The 
Egyptians,  as  appears  from  the  monuments,  had 
several  breeds  of  dogs :  some  solely  used  for  the 
chase ;  others  admitted  into  the  parlour,  or  selected 
as  the  companions  of  their  walks  ;  and  some,  as  at 
the  present  day,  chosen  on  account  of  their  pecu- 
liar ugliness.  The  most  common  kinds  were  a  sort 
of  fox-dog  and  a  hound ;  they  had  also  a  short- 
legged  dog,  not  unlike  our  turnspit,  which  was  a 
jrreat  favourite  in  the  house.  The  fox-dog  appears 
t.o  have  been  the  parent-stock  of  the  modern  red 
wik!  dog  of  Egypt,  which  is  so  common  at  Cairo 
and  other  towns  of  the  lower  country.'2 — The  Al- 
banian Beg  has  been  noticed  by  historians,  natural- 
.sts,  and  poets,  ever  since  Europe  first  began  to  be 
raised  into  consequence  and  importance.  A  super- 
natural origin  and  infallible  powers  have  been  at- 
tributed to  it.  Diana  is  said  to  have  presented 
Procris  with  a  dog  which  was  always  sure  of  its 
prey,  and  to  this  animal  the  canine  genealogists 
of  antiquity  attributed  *he  origin  of  the  celebrated 
race  of  the  southeast  of  Europe,  particularly  of 
Molossus  and  Sparta.  The  very  fine  breed  of  dogs 
now  found  very  plentifully  in  this  corner  of  Europe, 
particularly  in  Albania,  accords  with  the  descrip- 
tions existing  of  its  progenitors,  indigenous  in  the 
same  countries,  and  does  not  seem  to  have  degen- 
erated. The  MasthT(  Canis  Anglicus,  L.)  is  another 
fine  and  powerful  species.  This  breed  was  assidu- 
ously fostered  by  the  Romans  while  they  had  pos- 
session of  Britain,  and  many  of  them  were  exported 
to  Rome,  to  combat  wild  animals  in  the  amphi- 
theatre. The  catuli  Mclitai  were  a  small  species, 
or  a  kind  of  lap-dog.  The  modern  Maltese  dog  is 
a  small  species  of  the  Spaniel,  and  so.  perhaps,  was 
the  ancient.3 

*CANNA,  a  Cane  or  Reed.  (Vid.  Calamus.) 
♦CANN'ABIS  (Kuvva6ig),  Hemp.  The  KavvaBic 
fjuepoc  of  Dioscorides  and  Galen  is  evidently  the 
Cannabis  sativa,  or  Hemp.  Sprengel  agrees  with 
C.  Bauhin,  that  the  Kuvva6ic  dypia  is  the  Althaea 
cannabina* 

1.  (Penny  Cyclopaedia,  vol.  i.,  p.  57,  seqq.) — 2.  (Wilkinson, 
Manners  and  Customs,  &c  ,  vol.  in.,  p.  32.)— 3.  (Griffith's  Cu- 
vier,  vol.  ii  ,  p.  327.) — i.  (Dioscor.,  iii.,  155. — Adams,  Append., 


♦CANTH'ARIS  (Kavdapic).  From  the  ancient 
authorities  having  stated  of  the  navdapic  that  it  is 
found  among  grain  (Nicander  applies  to  it  the  epi- 
thet oirrifyayoc),  it  has  been  inferred  that  it  could 
not  have  been  what  is  now  called  the  Cantharis,  or 
Spanish  Fly,  since  this  latter  is  found  principally 
upon  the  ash,  the  privet,  and  the  elder,  and  seldom 
or  never  among  grain.  Sprengel  thinks  it  probable 
that  Dioscorides1  was  acquainted  with  two  species 
of  Cantharides  ;  the  one  he  pronounces  to  be  the 
Mylabris  Dioscoridis  (the  same,  probably,  as  the  3fy- 
labris  cichorii  of  Latreille  and  Wilson) ;  the  other  he 
is  confident  was  not  the  Lytta  vesicatoria,  and  he 
hesitates  whether  to  call  it  the  Melo'e  proscarabaus. 
Stackhouse,  again,  suggests  that  the  navdapic  of 
Theophrastus*  was  the  Curculio  granarius.  "  To 
me  it  now  appears,"  observes  Adams,  "  that  the 
common  navdapic  of  the  Greeks  was  the  Mylabris 
cichorii.  It  is  still  extensively  used  in  the  East  for 
making  blistering  plasters.3 

CANTHARUS  (tcdvdapoc).  I.  was  a  kind  of  drink 
ing-cup,  furnished  with  handles  (cantharus  ansa*). 
It  is  said  by  some  writers  to  have  derived  its  name 
from  one  Cantharus,  who  first  made  cups  of  this 
form.5  The  cantharus  was  the  cup  sacred  to  Bac- 
chus,6 who  is  frequently  represented  on  ancien* 
vases  holding  it  in  his  hand,  as  in  the  following 
woodcut,  which  is  taken  from  a  painting  on  an  an- 
cient vase.* 


».  V. 


20R 


*II.  Cantharus  was  also  the  name  of  a  hsn, 
which  -^Elian  calls  K&vdapoe  daXarrioc.  It  is  the 
Spams  cantharus,  L.  Its  flesh  is  like  that  of  the 
Gilt-head  in  taste  and  other  qualities.8 

*III.  Cantharus, the  Beetle.  (Vid.  Scarab^eus  ) 
CANTICUM.  In  the  Roman  theatre,  between 
the  first  and  second  acts,  flute  music  appears  to 
have  been  introduced,9  which  was  accompanied  by 
a  kind  of  recitative,  performed  by  a  single  actor,  or, 
if  there  were  two,  the  second  was  not  allowed  to 
speak  with  the  first.  Thus  Diomedes10  says,  "  In 
canticis  una  tantum  debet  esse  persona,  aut  si  du<t  fu- 
erint,  ita  debent  esse,  ut  ex  occulto  una  audiat  nc.  col- 
loquatur,  sed  secum,  si  opus  fuerit,  verba  faciat.''     In 

1.  (ii.,  64.)— 2.  (H.  P.,  viii.,  10.)— 3.  (Adams,  Append.,  s.  v.) 
— i.  (Virg.,  Eclog.,  vi.,  17.)— 5.  (Athen.,  xi.,  p.  474,  c— Pollux, 
Onom.,  vi.,  96.— Plin.,  H.  N.,  xxxiv.,  19,  v  25.)— 6.  (Macrob., 
Sat.,  v.,  21.— Plin.,  H.  N.,  xxxiii.,  53.)— 7.  (Millingen.Peintmer 
Antiques,  pi.  53.)— 8.  (Aristot.,  H.  A.,  viii.,  13.— Adams,  Ap 
pend.,  s.  v.)— 9.  (Plaut ,  Pseudol.,  I.,  v.,  160  )— 10.  (:ii.,  p.  489 
ed.  Putsch.) 


CAPER 


CAPITE  CENSI. 


trie  canticum,  as  violent  gesticulation  was  required, 
)t  appears  to  have  been  the  custom,  from  the  time 
of  Livius  Andronicus,  for  the  actor  to  confine  him- 
self to  the  gesticulation,  while  another  person  sang 
Lhe  recitative.1  The  canticum  always  formed  a 
part  of  a  Roman  comedy.  Diomedes  observes  that 
a  Roman  comedy  consists  of  two  parts,  dialogue 
and  canticum  (Latina  comcedia  duobus  tantum  mem- 
bris  constant,  diverbio  et  cantico).  Wolf2  endeav- 
ours to  show  that  cantica  also  occ  arred  in  tragedies 
and  the  Atellanee  fabulae.  There  can  be  no  doubt 
that  they  did  in  the  latter  ;  they  were  usually  com- 
posed in  the  Latin,  and  sometimes  in  the  Greek 
language,  whereas  the  other  parts  of  the  Atellane 
plays  were  written  in  Oscan.      (Vid.  Atellane 

F  4.BULJE  ^ 

CAPELEFON.     (Vid.  Caupona.) 

*CAPER  (rpdyof),  the  he-Goat.  Capra  is  the 
name  for  the  female,  to  which  al£  corresponds  in 
Greek.  The  generic  appellation  in  the  Linnaean 
system  is  Capra  hirais.  The  ancients  were  like- 
wise acquainted  with  the  wild  Goat,  or  Capra  ibex; 
it  is  supposed  to  be  the  Ako  or  Akko  of  Deuterono- 
my,3 and  the  TpayeXaQog  of  the  Septuagint  and  of 
Diodorus  Siculus.4  Among  the  Egyptians,  the 
Goat  was  regarded  as  the  emblem  of  the  generative 
principle,  and  was  held  sacred  in  some  parts  of  the 
land.  The  Ibex,  or  wild  goat  of  the  Desert,  how- 
ever, was  not  sacred.  It  occurs  sometimes  in  as- 
tronomical subjects,  and  is  frequently  represented 
among  the  animals  slaughtered  for  the  table  and  the 
altar,  both  in  the  Thebaid  and  in  Lower  Egypt.5 
"  It  is  a  fact  of  a  singular  nature,"  observes  Lt.  Col. 
Smith,  "that,  as  far  as  geological  observations  have 
extended  over  fossil  organic  remains,  among  the 
multitude  of  extinct  and  existing  genera,  and  species 
of  mammiferous  animals,  which  the  exercised  eye 
of  comparative  anatomists  has  detected,  no  portions 
of  Caprine  or  Ovine  races  have  yet  been  satisfacto- 
rily authenticated ;  yet,  in  a  wild  state,  the  first  are 
found  in  three  quarters  of  the  globe,  and  perhaps 
in  the  fourth ;  and  the  second  most  certainly  ex- 
ists in  every  great  portion  of  the  earth,  New-Hol- 
land, perhaps,  excepted.  It  would  almost  seem  as 
if  this  class  of  animals  were  added  by  Providence 
to  the  stock  of  other  creatures  for  the  express  pur- 
pose of  being  the  instruments  which  should  lead 
man  to  industry  and  peace ;  at  least  such  an  effect 
may,  in  a  great  measure,  be  ascribed  to  them  ;  and, 
if  not  the  first  companion,  the  Goat  may  neverthe- 
less be  regarded  as  the  earliest  passive  means  by 
which  mankind  entered  upon  an  improving  state  of 
existence.  The  skins  of  these  animals  were  prob- 
ably among  the  first  materials  employed  for  cloth- 
ing. Afterward  the  long  hair  of  the  goat  was  mix- 
ed up  with  the  short  and  soft  fur  of  other  animals, 
and,  united  with  the  gum  of  trees  or  animal  glue, 
manufactured  into  that  coarse  but  solid  felt  known 
in  Northern  Asia  from  the  earliest  ages,  and  noticed 
by  historians  and  poets.  It  was  probably  of  this 
material  that  the  black  war-tunics  of  the  Cimbri 
were  made,  in  their  conflicts  with  Marius  ;  and  we 
know  it  was  the  winter  dress  of  the  auxiliary  co- 
horts, and  even  of  the  Roman  legions  in  Britain,  at 
least  to  the  period  of  Constantine.  But,  long  before 
(his  era,  the  gradual  advance  of  art  was  felt,  even 
in  the  depth  of  Northern  Europe ;  the  distaff  had 
reached  the  Scandinavian  nations  ;  and  the  thread, 
at  first  platted  into  ribands,  afterward  enlarged,  and 
wrought  like  matting  into  a  kind  of  thrum,  was  at 
length  woven  into  narrow,  and,  last  of  all,  into  broad 
pieces  of  cloth.     In  the  riband  plat  (i.  e.,  plaid)  we 

1.  (Liv.,  viii.,  2.— Lucian,  De  Salts*.,  c.  30.— Isidor.,  Grig., 
x^iii.,  44.)— 2.  (De  Canticis,  p.  11.)— 3.  (xiv.,4.)— 4.  (ii.,  51.)— 
5.  (Wilkinson,  Manner*  auH  Customs  of  Aiic.  E<rvptians,  vol.  v., 
o.  190.) 

Do 


see  the  origin  of  the  check  dresses  common  to  most 
nations  of  northern  latitudes  during  their  incipient 
state  of  civilization  ;  for  these  were  made  by  plat- 
ting the  ribands  into  broader  and  warmer  pieces. 
The  stripes,  almost  universal  in  the  South,  were 
the  same  plats  sewed  together.  That  goat's  hah 
was  the  chief  ingredient  among  the  Scandinavians, 
is  proved  by  their  divinities  being  dressed  in  Geita 
Kurtlu.  The  domestic  goat  in  the  north  and  west 
of  the  Old  World  preceded  sheep  for  many  ages, 
and  predominated  while  the  country  was  chiefly 
covered  with  forests  ;  nor  is  there  evidence  or 
wool-bearing  animals  crossing  the  Rhine  or  the 
Upper  Danube  till  towards  the  subversion  of  the 
Roman  Empire."1 

*CAPHU'RA  (nafovpd),  the  Camphor-tree.  Sy- 
meon  Seth  is  the  first  Greek  who  makes  mention 
of  the  Camphor-tree,  or  Laurus  Camphora,  L.  He 
describes  it  as  a  very  large  tree,  growing  in  India, 
the  wood  of  which  is  light  and  ferulaceous.  Cam- 
phor was  first  introduced  into  medical  practice  by 
the  Arabians. 

CAPILLUS.     (Vid.  Coma.) 

CAPISTRUM  ((bopBeiu),  a  halter,  a  tie  for  horses, 
asses,  or  other  animals,  placed  round  the  head  01 
neck,  and  made  of  osiers  or  other  fibrous  materials. 
It  was  used  in  holding  the  head  of  a  quadruped 
which  required  any  healing  operation,2  in  retaining 
animals  at  the  stall,3  or  in  fastening  them  to  the 
yoke,  as  shown  in  the  woodcut  Aratrum  (p.  79). 
In  representations  of  Bacchanalian  processions,  the 
tigers  or  panthers  are  attached  to  the  yoke  by  ca- 
pistra  made  of  vine-branches.  Thus  we  read  of 
the  vite  capistrata  tigres  of  Ariadne,4  and  they  are 
seen  on  the  bas-relief  of  a  sarcophagus  in  the  Vati- 
can representing  her  nuptial  procession.  Set  the 
annexed  woodcut. 


In  ploughing  fields  which  were  planted  with  vines 
or  other  trees,  the  halter  had  a  small  basket  at- 
tached to  it,  enclosing  the  mouth,  so  as  to  prevent 
the  ox  from  cropping  the  tender  shoots  (fisce.Uis  ca- 
pistrari*).  Also,  when  goatherds  wished  to  obtain 
milk  for  making  cheese,  they  fastened  a  muzzle  or 
capistrum,  armed  with  iron  points,  about  the.  mouth 
of  the  kid,  to  prevent  it  from  sucking.6 

Bands  of  similar  materials  were  used  to  tie  vines 
to  the  poles  (pali)  or  transverse  rails  (juga)  of  a 
trellis.7 

The  term  fyopbzia  was  also  applied  to  a  contri- 
vance used  by  pipers  (avh-nrai)  and  trumpeters  to 
compress  their  mouths  and  cheeks,  and  thus  to  aid 
them  in  blowing.  (Vid.  Chiridota.)  This  was  said 
to  be  the  invention  of  Marsyas.8 

CAPITA'LIS.     (Vid.  Caput.) 

CA'PITE  CENSI.     (Vid.  Caput.) 


1.  (Griffith's  Cuvier,  vol.  iv.,  p.  294,  seqq.)— 2.  (Columella, 
vi.,  19.)— 3.  (Varro,  De  Re  Rust.,  ii..  6.)— 4.  (Ovid,  Epist.,  ii., 
80—  Sidon.  Apoll.,  carm.  xxii.,  23.)— 5.  (Plin.,  H.  N.,  xvii.,  49 
$  2.— Cato,  De  Re  Rust.,  54.)— 0.  (Virg.,  Georg.,  ii).,  399.)— 7 
(Columella,  iv.,  20;  xi.,  2.)— 8.  (Simonides,  Bnwick  Analect.,  i. 
122.— Sophocles,  ap.  Cic.  ad  Att.,  ii.,  16.— Aristoph..  Av.,  80* 
— Vesp.,  580.— Equit..  1147  —  Schol.  ad  11.) 

209 


CAPITOLIUM. 


CAPNIOS. 


'JA'PITIS  DEMINU'TIO.    (Vid.  Caput.) 
CAPITO'LIUM.    This  word  is  used  in  different 

significations  by  the  Latin  writers,  the  principal  of 

which  are  the  following  : 

I.  Capitolium,  a  small  temple  (sacellum1),  sup- 
posed to  have  been  built  by  Numa,  and  dedicated 
to  Jupiter,  Juno,  and  Minerva,2  situated  in  the  Re- 
gio  ix.  on  the  Esquiline,  near  to  the  spot  which  was 
afterward  the  Circus  of  Flora.3  It  was  a  small  and 
humble  structure,  suited  to  the  simplicity  of  the  age 
in  which  it  was  erected,4  and  was  not  termed  capi- 
tolium until  after  the  foundation  of  the  one  mention- 
ed below,  from  which  it  was  then  distinguished  as 
the  Capitolium  vctus.5  Martial6  alludes  to  it  under 
the  name  of  antiquum  Jovem. 

II.  Capitolium,  the  Temple  of  Jupiter  Optimus 
Maximus,  in  the  Regio  viii.  on  the  Mons  Tarpeius,7 
so  called  from  a  human  head  being  discovered  in 
digging  the  foundations.8  Martial  distinguishes 
very  clearly  this  temple  from  the  one  mentioned 
above : 

"  Esquiliis  domus  est,  domus  est  tibi  colle  Diance ; 
Inde  novum,  veterem  prospicis  indc,  Jovem."9 

Tarquinius  Priscus  first  vowed  during  the  Sabine 
war  to  build  this  temple,  and  commenced  the  found- 
ations.10 It  was  afterward  continued  by  Servius 
Tullius,  and  finally  completed  by  Tarquinius  Superb- 
us  out  of  the  spoils  collected  at  the  capture  of  Su- 
essa  Pometia,11  but  was  not  dedicated  until  the 
year  B.C.  507,  by  M.  Horatius.12  It  was  burned 
down  during  the  civil  warsr  at  the  time  of  Sulla, 
B.C.  83,13  and  rebuilt  by  him,  but  dedicated  by 
Lutatius  Catulus,  B.C.  69. 14  It  was  again  burned 
to  the  ground  by  the  faction  of  Vitellius,  A.D.  70," 
and  rebuilt  by  Vespasian  ;  upon  whose  death  it  was 
again  destroyed  by  fire,  and  sumptuously  rebuilt  for 
he  third  time  by  Domitian.16 

The  Capitolium  contained  three  temples  within 
the  same  peristyle,  or  three  cells  parallel  to  each 
other,  the  partition  walls  of  which  were  common, 
and  all  under  the  same  roof.17  In  the  centre  was 
the  seat  of  Jupiter  Optimus  Maximus,18  called  cella 
Jovis,19  and  hence  he  is  described  by  Ovid20  as 
"  media  qui  sedet  aede  Deus."  That  of  Minerva 
was  on  the  right  ;21  whence,  perhaps,  the  allusion 
of  Horace,22  "  Proximos  illi  tamen  occupavit  Pallas 
honores  ;"  and  that  of  Juno  upon  the  left ;  but  com- 
pare Livy,23  "  Jupiter  Optimus  Maximus,  Juno  regi- 
na,  et  Minerva,"  and  Ovid,3*  which  passages  are 
considered  by  some  writers  to  give  Juno  the  prece- 
dence over  Minerva.  The  representation  of  the 
Capitolium  in  the  next  woodcut  is  taken  from  a 
medal. 


^jlMmld 


iTie  exact  position  occupied  by  this  temple  has 

I.  (Vurro,  De  Ling.  Lat.,  v.,  158.)— 2.  (Varro,  1.  c.)— 3.  (Var- 
ro, L  c. — Notit.  Imper. — P.  Victor.) — 4.  (Val.  Max.,  iv.,  4,  Q  11.) 
—5.  (Varro,  1.  c.)— 6.  (Epigr.,  V.,  xxii.,  4.)— 7.  (Livy,  i.,  55.)— 8. 
'Dianyc,  iv.,  p.  247. — Liv.,  1.  c. — Varro,  De  Ling.  Lat.,  v.,  41. — 
Ssrir.,  ad  Virg.,  ^En.,  viii.,  345.)— 9.  (Epigr.,  VII.,  lxxiii.)— 10. 
(LiT.,  i.,"S8.— Tacit.,  Hist.,  iii.,  72. — Compare  Plin.,  H.  N.,  iii., 
9.)— 11.  (Tacit.,  1.  c— Liv.,  i.,  55.)— 12.  (Liv.,  ii.,  8.)— 13.  (Ta- 
cit,, 1.  <:.— rPlin.,  H.  N.,  xiii.,  27.— Plut.,  Sull.,  c.  27.)— 14.  (Ta- 
rit.,  1.  c— Plin.,  H.  N.,  xix.,  6.— Liv.,  Epit.,  98.)— 15.  (Tacit., 
I.  c— Plin.,  H.  N.,  xxxiv.,  17.)— 16.  (Suet ,  Dom.,  c.  5.)— 17. 
(Dionys.,  iv.,  p.  24R)— 18.  (Dionys.,  1.  c.)— 19.  (Gell.,  vii.,  1,  2. 
-Liv.,  x.,  23.)— 20.  (Ex  Pont.,  iv.,  9,  32.)— 21.  (Liv.,  vii.,  3.)— 
22.  (Carm.,I.,xii.,19.)— 23.  (iii.,17.)— 24  (Tnst.,ii.,289,  293.) 
210 


been  the  subject  of  much  dispute.  Some  vuiteis 
consider  it  to  have  been  upon  the  north,  and  some 
upon  the  south  point  of  the  Mons  Capitolinus  ;  some, 
that  it  stood  upon  a  different  summit  from  the  arxt 
or  fortress,  with  the  intermontium  between  them 
others,  that  it  was  within  the  arx,  which  is  again 
referred  by  some  to  that  side  of  the  mount  which 
overhangs  the  Tiber,  and  by  others  to  the  opposite 
acclivity.  The  reader  will  find  the  subject  fully 
discussed  in  the  following  works  :  Marlian.,  Urb. 
Rom.  Topogr.,  ii.,  1,  5. — Donat,  De  Urb.  Rom. — 
Lucio  Mauro,  Antichitd  di  Roma. — Andreas  Fulvio, 
Id. — Biondo,  Roma  Restaurat. — Nardini,  Roma  An- 
tica,  v.,  14. — Buhsen  and  Plattner,  Beschreibung 
Roms. — Niebuhr,  Hist.  Rom.,  vol.  i.,  p.  502,  transl. 

III.  Capitolium  is  sometimes  put  for  the  whole 
mount,  including  both  summits,  as  well  as  the  in 
tcrmontium,  which  was  originally  called  Mons  Sa- 
turnius,1  and  afterward  Mons  Tarpeius,2  from  the 
virgin  Tarpeia,  who  was  killed  and  buried  there  by 
the  Sabines  ;  and,  finally,  Mons  Capitolinus,  for  the 
reason  already  stated  ;  and,  when  this  last  term 
became  usual,  the  name  of  Tarpeia  was  confined 
to  the  immediate  spot  which  was  the  scene  of  her 
destruction,3  viz.,  the  rock  from  which  criminals 
were  cast  down.  This  distinction,  pointed  out  by 
Varro,  is  material ;  because  the  epithet  Tarpeian, 
so  often  applied  by  the  poets  to  Jupiter,  has .  been 
brought  forward  as  a  proof  that  the  temple  stood 
upon  the  same  side  as  the  rock,  whereas  it  only 
proves  that  it  stood  upon  the  Tarpeian  or  Capitoline 
Mount.  At  other  times  capitolium  is  used  to  desig- 
nate one  only  of  the  summits,  and  th&t  one  appa- 
rently distinct  from  the  arx  ;*  which  obscurity  is 
farther  increased,  because,  on  the  other  hand,  arx 
is  sometimes  put  for  the  whole  mount,8  and  at  cth 
ers  for  one  of  the  summits  only.' 

There  were  three  approaches  from  the  Forum  to 
the  Mons  Capitolinus.  The  first  was  by  a  flight  01 
100  steps  (centum  gradus7),  which  led  directly  to  the 
side  of  the  Tarpeian  Rock.  The  other  two  wery 
the  clivus  Capitolinus  and  clivus  Asyli,6  one  of  which 
entered  on  the  north,  and  the  other  on  the  south 
side  of  the  intermontium,  the  former  by  the  side  of 
the  Carceres  Tulliani,  the  latter  from  the  foot  of  the 
Via  Sacra,  in  the  direction  of  the  modern  accesses 
on  either  side  of  the  Palazzo  de'  Consultori ;  but 
which  of  these  was  the  clivus  Capitolinus  and 
which  the  clivus  Asyli,  will  depend  upon  the  dispu- 
ted situation  of  the  arx  and  Temple  of  Jupiter  Opti- 
mus Maximus. 

The  epithets  aurea9  and  fulgens10  are  illustrative 
of  the  materials  with  which  the  Temple  of  Jupiter 
O.  M.  was  adorned  :  its  bronze  gates,11  and  gilt  ceil- 
ings and  tiles.12  The  gilding  of  the  latter  alone  cost 
12,000  talents.13 

IV.  Capitolium  is  also  used  to  distinguish  the 
chief  temples  in  other  cities  besides  Rome.1* 

CAPIT'ULUM.     (Vid.  Columna.) 

*CAP'NIOS  or  CAPNOS  (kuttvloc  or  naizvoc),  a 
plant  which  all  the  authorities  agree  in  referring  to 
the  Fumaria  officinalis;  or  common  Fumitory.  Sib- 
thorp  is  the  only  exception,  who  prefers  the  F.  par 
viflora,  Lam.  It  is  the  Fel  terra  of  Scribonius  Lar- 
gus.15  The  juice  of  this  plant  was  used,  according 
to  Pliny,  in  the  cure  of  ophthalmia.16  It  derives  its 
name  from  its  juice,  when  spread  over  the  eyes,  af- 


1.  (Varro,  De  Ling.  Lat.,  v.,  42.)— 2.  (Id.,  v.,  41.— Dionys, 
iii.,  p.  193;  iv.,  p.  247.)— 3.  (Varro,  1.  c.)— 4.  (Dionys.,  x.,  p. 
611— Liv.,  i.,  33  ;  ii.,  8.— Aul.  Gel1..,  v.,  12.)— 5.  (Liv.,  v.,  40.) 
— 6.  (Compare  Liv.,  ii.,  49;  iii.,  15;  v.,  41. — Flor.,  iii.,  21.— 
Virg.,  JEn.,  viii.,  652.— Serv.,  ad  Virg.,  1.  c.)— 7.  (Tacit.,  Hist, 
iii.,  71.)  — 8.  (Tacit.,  1.  c)  — 9.  (Virg.,  Mn.,  viii.,  348.)— 10 
(Hor.,  Carm.,  III.,  iii.,  43.)— 11.  (Liv.,  x.,  23.)— 12.  (Plin.,  H 
N.,  xxxiii.,  18.)— 13.  (Plut.,  Poplic,  p.  104.)— 14.  (Sil.  Ital.,  xi. 
267.— Plaut.,  Cure,  II.,  ii.,  19.— Suet.,  Tiber.,  40.)— 15.  (A.? 
ams,  Append.,  s.  v.)— 16.  (H.  N.,  xxv.,  13.) 


CAPROS. 


CAPULUS. 


fleeting  them  like  smoke  (nanvoc).  Its  flower  is 
purple.  The  modern  Greeks  call  this  piant  narcvo 
and  Kaiivoyopro.  Sibthorp  found  it  growing  very 
abundantly  in  cultivated  places.1 

*CAPP'ARIS  (nd7nrapic),  a  plant  which  Sprengel, 
Stackhouse,  and  Schneider  agree  in  referring  to  the 
Capparis  Spinosa,  L.,  or  Thorny  Caper-bush.  Sib- 
thorp, however,  is  in  favour  of  a  variety  of  the  C. 
Spinosa,  to  which  he  gives  the  name  of  Capparis 
ovata.2  Dioscorides  mentions  several  kinds  from 
different  countries,  all  differing  in  their  qualities. 
The  best  came  from  Caria,  the  next  in  the  order  of 
merit  from  Phrygia.3 

♦CAPRA,  the  she-Goat,  the  ai%  of  the  Greeks. 
(Vid.  Caper.) 

♦CAP'REA,  a  wild  she-Goat,  or,  rather,  a  species 
of  wild  goat  generally.  Pliny*  speaks  of  it  as  being 
possessed  of  a  very  keen  sight,  which  may,  perhaps, 
identify  it  with  the  Dorcas,  or  Gazelle.  Cuvier, 
however,  makes  Pliny's  Caprea  the  same  with  the 
Cercus  Capreolus,  L.,  or  Roebuck.    (Vid.  Dorcas.5) 

*CAPRIFICATIO,  the  process  of  caprification, 
or  a  ripening  of  figs  on  the  domestic  tree  by  means 
of  insects  found  on  the  wild  fig.  The  process  is 
described  briefly  by  Eustathius,6  and  more  at  large 
by  Pliny.7  The  former,  speaking  of  the  wild  fig- 
trees,  says  that  what  are  called  ipfjvec  ("  little  gnats") 
pass  from  them  into  the  fruit  of  the  domestic  fig, 
and  strengthen  it  to  such  a  degree  as  to  prevent 
its  falling  off  from  the  tree.  The  latter  remarks 
that  the  wild  fig-tree  engenders  small  gnats  (culi- 
ces),  which,  when  the  natal  tree  decays,  and  fails  to 
afford  them  nutriment,  betake  themselves  to  the 
domestic  tree,  and,  penetrating  by  their  bites  into 
the  fruit  of  this,  introduce,  along  with  themselves, 
the  heat  of  the  sun,  which  causes  the  fruit  into 
which  they  have  entered  to  ripen.  These  insects 
consume,  also,  the  milky  humour  in  the  young  fruit, 
the  presence  of  which  would  make  them  ripen  more 
slowly.  The  process  of  caprification,  as  given  by 
modern  authorities,  is  as  follows  :  "  The  operation 
is  rendered  necessary  by  the  two  following  facts, 
namely,  that  the  cultivated  fig  bears,  for  the  most 
part,  female  flowers  only,  while  the  male  flowers 
are  abundant  upon  the  wild  fig-tree ;  and,  secondly, 
that  the  flower  of  the  fig  is  upon  the  inside  of  the 
receptacle  which  constitutes  the  fruit.  It  is  hence 
found  necessary  to  surround  the  plantations  and 
gardens  containing  the  figs  with  branches  and  limbs 
bearing  male  flowers  from  the  wild  fig-tree,  thus 
preparing  the  way  for  the  fertilizing  the  female 
flowers  in  the  garden  :  and  from  these  wild  flow- 
ers the  fertilizing  pollen  is  borne  to  the  other  figs 
upon  the  wings  and  legs  of  small  insects  which  are 
found  to  inhabit  the  fruit  of  the  wild  fig."8 

*CAPRIFPCUS  (kpiveog,  epivoc),  the  wild  fig-tree, 
the  Ficus  Carica,  L.    (Vid.  Syce,  and  Caprificatio.) 

*CAPRIMULGTJS.    (Vid.  Aigothelas.) 

*C APROS  (Kdirpoc),  I.  the  wild  Boar,  called  by  the 
Romans  Aper.  (Vid.  Sus.)  The  flesh  of  this  ani- 
mal was  highly  esteemed  by  that  people,  and  it  was 
customary  to  serve  up  whole  ones  at  table.  Hence 
the  boar  was  termed  ccence  caput,  or,  as  we  would 
say,  the  "  head  dish  ;"  hence,  also,  the  language  of 
Juvenal  in  speaking  of  the  wild  boar,  "  animal  prop- 
ter convivia  natum,"  "  an  animal  born  for  the  sake 
of  banquets."9 

*II.  A  species  of  fish,  the  Zeus  Aper  of  Linnaeus, 
called  in  Italian  Riondo,  and  in  French  Sauglier. 
It  is  a  small  yellowish  fish,  inhabiting  the  Mediter- 


ranean, and  is  the  same  With  the  perca  pusilla  ol 
Brunnich.1 

CAPSA  (dim.  CAPSULA),  or  SCRINIUM,  vas 
the  box  for  holding  books  among  the  Romans. 
These  boxes  were  usually  made  of  beech-wood,* 
and  were  of  a  cylindrical  form.  There  is  no  doubt 
respecting  their  form,  since  they  are  often  planp* 
by  the  side  of  statues  dressed  in  the  toga.  Thr 
following  woodcut,  which  represents  an  open  cap&d 
with  six  rolls  of  books  in  it,  is  from  a  painting  at 
Pompeii. 


1.  (Billerbeck,  Flora  Classioa,  p.  178.)— 2.  (Dioscor.,  ii.,  94. 
— Theophrast.,  H.  P.,  i..  3.— JEtius,  i.,  184.— Adams,  Append., 
s.  v.)— 3.  (Billerbeck,  Flora  Classica,  p.  136.)— 4.  (II.  N.,  xi., 
37.)— 5.  (Griffith's  Cuvier,  vol.  v.,  p.  314.)— 6.  (Comment,  in 
A.,  vi.,  433.)— 7.  (H.  N.,  xv.,  19.)— 8.  (Encyclopaedia  Americana, 
•ol.  v.,  p.  115.)— 9.  (Sat.,  i.,  141.) 


There  does  not  appear  to  have  been  any  diifei- 
ence  between  the  capsa  and  fhe  scrinium,  except 
that  the  latter  word  was  usually  applied  to  those 
boxes  which  held  a  considerable  number  of  rolls 
(scrinia  da  magnis3).  Boxes  used  for  preserving 
other  things  besides  books  were  also  called  capsae,4 
while  in  the  scrinia  nothing  appears  to  have  been 
kept  but  books,  letters,  and  other  writings. 

The  slaves  who  had  the  charge  of  these  book- 
chests  were  called  capsarii,  and  also  custodes  scrin- 
iorum ;  and  the  slaves  who  carried,  in  a  capsa  be* 
hind  their  young  masters,the  books,  &c,  of  the  sooa 
of  respectable  Romans,  when  they  went  to  school, 
were  also  called  capsarii  (Qucm  sequitur  cusioz 
angustce  vernula  capsa5).  We  accordingly  find 
them  mentioned  together  with  the  paedagogi  (con 
stat  quosdam  cum  pcedagogis  et  capsariis  uno  prandio 
necatos6). 

When  the  capsa  contained  books  of  importance, 
it  was  sealed  or  kept  under  lock  and  key  ;7  whence 
Horace8  says  to  his  work,  "  Odisti  claves,  et  grata 
sigilla  pudico."9 

CAPSA'RII,  the  name  of  three  different  classes 
of  slaves  : 

1.  Of  those  who  took  care  of  the  clothes  of  per- 
sons while  bathing  in  the  public  baths.  ( Vid.  Baths, 
p.  147.)  In  later  times  they  were  subject  to  the  ju- 
risdiction of  the  praefectus  vigilum.10  2.  Of  those 
who  had  the  care  of  the  capsae,  in  which  books  and 
letters  were  kept.  (Vid.  Capsa.)  3.  Of  those  who 
carried  the  books,  &c,  of  boys  to  school.  (Vid. 
Capsa.) 

CAP'SULA.     (Vid.  Capsa.) 

CA'PULUS  (kutttj,  ?.a6rj),  the  hilt  of  a  aword. 
This  was  commonly  made  of  wood  or  horn,  but 
sometimes  of  ivory11  or  of  silver,18  which  was  either 
embossed13  or  adorned  with  gems  (capulis  radianti- 
bus  enses).1*  Philostratus15  describes  the  hilt  of  a 
Persian  acinaces,  which  was  made  of  gold  set  with 
beryls,  so  as  to  resemble  a  branch  with  its  buds. 
These  valuable  swords  descended  from  father  to 
son.16  When  Theseus  for  the  first  time  appears  at 
Athens  before  his  father  ^Egeus,  he  is  known  by 
the  carving  upon  the  ivory  hilt  of  his  sword,  and  is 


1.  (Aristot.,  H.  A.,  ii.,  13. — Adams,  Append.,  s.  t.) — 2.  (II 
N.,  xvi.,  84.)— 3.  (Mart.,  i.,  3.)— 4.  (Plin.,  II.  N.,  xv.,  18,  $  4.— 
Mart.,  xi.,  8.)— 5.  (Juv.,  Sat.,  x.,  117.)— 6.  (Suet.,  Ner.,  36.)— 
7.  (Mart.,i.,  67.)— 8.  (Epist.,  I.,  xx.,  3.)— 9.  (Becker,  Gallus,  i., 
191.— Bottiger,  Sabina,  ;.,  102.)— 10.  (Dig.  1,  tit.  15,  s.  3.)— 11 
(Spartian.,  Hadr.,  10,  iXe<f>avTOKu>Tzos.) — 12.  [iflyvf/hi  tcw-irq: 
Horn.,  II.,  i.,  219.)— 13.  (Plin.,  II.N.,xxxiii.,  12.)— 1 4.  (Claud., 
De  Laud.  Stil.,  ii..  88.)— 15.  (Imag.,  ii  ,  9^ — 16.  (Claud.,  1.  c.J 

211 


CAPUT. 


CARACALLA. 


ihus  sared  from  being  poisoned  by  the  aconite 
which  Medea  has  administered.1 

The  handles  of  knives  were  made  of  the  same 
materials,  and  also  of  amber.3  Of  the  beautiful 
and  elaborate  workmanship  sometimes  bestowed  on 
knife-handles,  a  judgment  may  be  formed  from  the 
three  specimens  here  introduced.3 


The  term  capulus  is  likewise  applied  to  the  han- 
dle of  a  plough  by  Ovid,  as  quoted  in  Aratrum,  p.  80. 

CAPUT,  the  head.  The  term  "  head"  is  often 
used  by  the  Roman  writers  as  equivalent  to  "  per- 
son" or  "  human  being."4  By  an  easy  transition, 
it  was  used  to  signify  "life  :"  thus,  capite  damnari, 
plecti,  &c,  are  equivalent  to  capital  punishment. 

>  Caput  is  also  used  to  express  a  man's  status,  or 
civil  condition  ;  and  the  persons  who  were  regis- 
tered in  the  tables  of  the  censor  are  spoken  of  as 
capita,  sometimes  with  the  addition  of  the  word 
civium,  and  sometimes  not.5  Thus  to  be  registered 
in  the  census  was  the  same  thing  as  caput  habere : 
and  a  slave  and  a  filius  familias,  in  this  sense  of  the 
word,  were  said  to  have  no  caput.  The  sixth  class 
of  Servius  Tullius  comprised  the  proletarii  and  the 
capite  censi,  of  whom  the  latter,  having  little  or  no 
property,  were  barely  rated  as  so  many  head  of  citi- 
zens.6 

He  who  lost  or  changed  his  status  was  said  to  be 
capite  minutus,  deminutus,  or  capitis  minor.''  The 
phrase  se  capite  deminuere  was  also  applicable  in 
case  of  a  voluntary  change  of  status.9 

Capitis  minutio  is  defined  by  Gaius9  to  be  status 
permutatio.  A  Roman  citizen  possessed  libertas, 
civitas,  and  familia  :  the  loss  of  all  three,  or  of  lib- 
ertas and  civitas  (for  civitas  included  familia),  con- 
stituted the  maxima  capitis  deminutio.  This  capi- 
tis deminutio  was  sustained  by  those  who  refused 
to  be  registered  at  the  census,  or  neglected  the  re- 
gistration, and  were  thence  called  incensi.  The  in- 
census  was  liable  to  be  sold,  and  so  to  lose  his  lib- 
erty ;  but  this  being  a  matter  which  concerned  citi- 
zenship and  freedom,  such  penalty  could  not  be  in- 
flicted directly,  and  the  object  was  only  effected  by 
the  fiction  of  the  citizen  having  himself  abjured  his 
freedom.  (Vid.  Banishment,  p.  136.)  Those  who 
refused  to  perform  military  service  might  also  be 
sold.10  A  Roman  citizen  who  was  taken  prisoner 
by  the  enemy  lost  his  civil  rights,  together  with  his 
liberty,  but  he  might  recover  them  on  returning  to 
his  country.     (Vid.  Postliminium.)     Persons  con- 


1.  (Ovid,  Met.,  vii.,  423.)— 2.  {%  ol  kcu  \a6al  ptaxatpaig  yi- 
vovrai :  Eustath.  in  Dionvs.,  293.) — 3.  (Montfaucon,  Antiq.  Ex- 
pliqu6e,  iii.,  122,  pi.  61.)— 4.  (Cees.,  Bell.  Gall.,  iv.,  15.)— 5. 
(Liv.,  iii.,  24  ;  x.,  47.)— 6.  (Gell.,  xvi.,  10.— Cic,  De  Repub.,  ii., 
22.)— 7.  (Hor.,  Carm.,  III.,  v.,  42.)— 8.  (Cic,  Top.,  c.  4.)— 9. 
(Dig.  4,  tit.  5,  (  1.)— 10.  (Cic,  Pro  Csecina,  34.— Ulp.,  Fragm., 
xi,ll.) 

212 


demned  to  ignominious  punishments,  as  to  tti« 
mines,  sustained  the  maxima  capitis  deminutio.  A 
free  woman  who  cohabited  with  a  slave,  after  no- 
tice given  to  her  by  the  owner  of  the  slave,  became 
an  ancilla,  by  a  senatus  consultum  passed  in  the 
time  of  Claudius.1 

The  loss  of  civitas  only,  as  when  a  man  was  in- 
terdicted from  fire  and  water,  was  the  media  capitis 
deminutio.     (Vid.  Banishment.) 

The  change  of  familia  by  adoption,  and  by  the  in 
manum  conventio,  was  the  minima  capitis  deminu- 
tio. A  father  who  was  adrogated  suffered  the  mini- 
ma capitis  deminutio,  for  he  and  his  children  were 
transferred  into  the  power  of  the  adoptive  father 
A  son  who  was  emancipated  by  his  father  also  sus- 
tained the  minima  capitis  deminutio  ;  the  cause  of 
which  could  not  be  the  circumstance  of  his  being 
freed  from  the  patria  potestas,  for  that  made  the 
son  a  liberum  caput ;  but  the  cause  was,  or  was 
considered  to  be,  the  form  of  sale  by  which  the 
emancipation  was  effected. 

A  judicium  capitale,  or  poena  capitalis,  was  one 
which  affected  a  citizen's  caput. 

CAPUT.     (Vid.  Interest  op  Money.) 

CAPUT  EXTORUM.  The  Roman  soothsayers 
(haruspices)  pretended  to  a  knowledge  of  coming 
events  from  the  inspection  of  the  entrails  of  vic- 
tims slain  for  that  purpose.  The  part  to  which 
they  especially  directed  their  attention  was  the  liv- 
er, the  convex  upper  portion  of  which  seems  to 
have  been  called  the  caput  extorum.3  Any  disease 
or  deficiency  in  this  organ  was  considered  an  unfa- 
vourable omen  ;  whereas,  if  healthy  and  perfect,  it 
was  believed  to  indicate  good  fortune.  The  harus 
pices  divided  it  into  two  parts,  one  called  familiaris, 
the  other  hostilis :  from  the  former  they  foretold 
the  fate  of  friends,  from  the  latter  that  of  enemies 
Thus  we  read'  that  the  head  of  the  liver  was  muti  • 
lated  by  the  knife  of  the  operator  on  the  "familiar" 
part  (caput  jecinoris  a  familiari  parte  ceesum),  which 
was  always  a  bad  sign.  But  the  word  "  caput" 
here  seems  of  doubtful  application  ;  for  it  may  des- 
ignate either  the  convex  upper  part  of  the  liver,  or 
one  of  the  prominences  of  the  various  lobes  which 
form  its  lower  and  irregularly  concave  part.  It  is, 
however,  more  obvious  and  natural  to  understand 
by  it  the  upper  part,  which  is  formed  of  two  prom- 
inences, called  the  great  and  small,  or  right  and  left 
lobes.  If  no  caput  was  found,  it  was  a  bad  sign 
(nihil  tristius  accidere  potuit) ;  if  well  defined,  or 
double,  it  was  a  lucky  omen.* 

*CARA,  a  plant.     (Vid.  Careum.) 

*CAR'ABUS  (ndpahog),  a  crustaceous  animal,  of 
which  there  is  frequent  mention  in  the  classics.  It 
is  the  Locusta  of  Pliny,  in  French  langouste.  There 
is  some  difficulty,  remarks  Adams,  in  determining 
to  what  species  of  Cancer  it  applies.  Schneider 
thinks  it  was  certainly  not  the  Cancer  homarus ; 
and  he  is  not  quite  satisfied  that  it  was  the  C.  ele 
phas* 

CARACA'LLA  was  an  outer  garment  used  in 
Gaul,  and  not  unlike  the  Roman  lacerna.    (Vid.  La 
cerna.)    It  was  first  introduced  at  Rome  by  th<? 
Emperor  Aurelius  Antoninus  Bassianus,  who  com 
pelled  all  the  people  that  came  to  court  to  wear  it, 
whence  he  obtained  the  surname  of  Caracalla. 
This  garment,  as  worn  in  Gaul,  does  not  appear  U 
have  reached  lower  than  the  knee,  but  Caracalla 
lengthened  it  so  as  to  reach  the  ankle.     It  after 
ward  became  common  among  the  Roman?,  and  gar 
ments  of  this  kind  were  called  caracallae  Antonianae 


1.  (Ulp.,  Frag.,  xi.,  11.— Compare  Tacit.,  Ann.,  xii.,  53,  am 
Suet.,  Vesp.,  11.)— 2.  (Plin.,  H.  N.,  xi.,  37,  s.  73.)— 3.  (Liv, 
viii.,  9.)— 4.  (Cic,  Do  Div.,  ii.,  12,  13.— Liv..  xxvii.,  26.)— S 
(Schneider,  ad  Aristot..  II  A  ,  iv.,  3. — Adams,  Append  ,  s.  v.V- 
6.  (Aurel.  Vict.,  Epit.,  21  ) 


CARCER. 


CARCHARIAS. 


to  distinguish  thein  from  the  Gallic  caracallae.1  It 
usually  had  a  hood  to  it,  and  came  to  be  worn  by 
the  clergy.  Jerome3  speaks  of  "paIliolt>m  mir<z  pul- 
chritudinis  in  modum  caracallarum  sed  absque  cucul- 
fo." 

CARBATINA.     {Vid.  Pero.) 

•CARBUNC'ULUS  (uvdpa%),  the  Carbuncle,  a 
precious  stone,  deriving  its  name,  both  in  Greek 
and  Latin,  from  its  resemblance  to  a  small  ignited 
coal.  The  ancients  called  by  these  two  names  all 
the  red  transparent  gems,  which  have  since  been 
listinguished  by  the  different  appellations  of  Ruby, 
Garnet,  &c,  all  of  which  they  regarded  merely  as 
species  of  the  Carbuncle.  Theophrastus  and  Stra- 
bo  enumerate  the  Carthaginian  and  Garamantian 
carbunculi  among  those  most  in  repute.  "Those 
carbuncles,"  observes  Dr.  Moore,  "which  Pliny 
calls  Alabandic,  because  they  were  cut  and  polish- 
ed at  Alabanda,  were  precious  garnets,  still  called 
ijy  some  mineralogists  Alabandines  or  Alamandines. 
What  he  afterward  says  of  Alabandic  carbuncles, 
which  were  darker  coloured  and  rougher  than  oth- 
ers, may  be  explained  by  supposing  that  near  Ala- 
banda both  precious  and  common  garnets  were  ob- 
tained." The  term  Carbunculus  was  also  applied 
to  a  species  of  black  marble,  on  account  of  its  like- 
ness to  a  quenched  coal,  and  out  of  which  mirrors 
were  sometimes  made.3 

CARCER.  Career  (kerker,  Ger.,  yopyvpa,  Greek) 
is  connected  with  epKoc  and  elpyu,  the  guttural  be- 
ing interchanged  with  the  aspirate.  Thus  also  Var- 
:o,*  "  Career  a  coercendo  quod  prohibentur  exire." 

Carcer  (Greek).  Imprisonment  was  seldom 
used  among  the  Greeks  as  a  legal  punishment  for 
offences  ;  they  preferred  banishment  to  the  expense 
of  keeping  prisoners  in  confinement.  We  do,  in- 
deed, find  some  cases  in  which  it  was  sanctioned 
by  law ;  but  these  are  not  altogether  instances  of 
its  being  used  as  a  punishment.  Thus  the  farmers 
of  the  duties,  and  their  bondsmen,  were  liable  to 
imprisonment  if  the  duties  were  not  paid  by  a  speci- 
fied time  ;  but  the  object  of  this  was  to  prevent  the 
escape  of  defaulters,  and  to  ensure  regularity  of 
payment.5  Again,  persons  who  had  been  mulcted 
in  penalties  might  be  confined  till  they  had  paid 
them.6  The  drcuoi  also,  if  they  exercised  the  rights 
of  citizenship,  were  subject  to  the  same  consequen- 
ces.7 Moreover,  we  read  of  a  deouog  for  theft ;  but 
this  was  a  TTpoarlurjfia,  or  additional  penalty,  the  in- 
fliction of  which  was  at  the  option  of  the  court 
which  tried  the  case  ;  and  the  dec/toe  itself  was  not 
an  imprisonment,  but  a  public  exposure  in  the  wo- 
donaKKT],  or  stocks,  for  five  days  and  nights — the  to 
ev  S-vTiO  dedeodai.  We  may  here  observe,  that  in 
most  cases  of  theft  the  Athenians  proceeded  by 
"  civil  action  ;"  and  if  the  verdict  were  against  the 
defendant  (a  tic  Idlav  dinnv  k^otttjc  uXoltj),  he  had 
to  pay,  by  way  of  reparation,  twice  the  value  of  the 
stolen  property:  this  was  required  by  laic.  The 
irpoaTi/iTjfia  was  at  the  discretion  of  the  court*  Still 
the  idea  of  imprisonment  per  se,  as  a  punishment, 
was  not  strange  to  the  Athenians.  Thus  we  find 
that  Plato9  proposes  to  have  three  prisons :  one  of 
these  was  to  be  a  GoQpoviG-rijpiov,  or  penitentiary; 
Another  a  place  of  punishment — a  sort  of  penal  set- 
tlement away  from  the  city. 

The  prisons  in  different  countries  were  called  by 
different  names  :  thus  there  was  the  'kvayaaiov,  in 
Boeotia;  the  Keddac,  at  Sparta;  the  Kepauoc,  at 
Cyprus ;  the  Kuc,  at  Corinth  ;  and,  among  the  Ioni- 


1  (Aurel.  Vict.,  De  C«es.,  21.— Spartian.,  Sev.,  21.— Anton., 
Car.  9.)— 2.  (Ep.,  128.)— 3.  (Theophrast.,  De  Lapid.,  c.  31,  32. 
— HiJ,adloc— Moore's  Anc.  Mineral.,  p.  156.— Adams,  Append., 
t.  v.l— 4.  (De  Lin?.  Lat.,  iv.,  32.)  -5.  (Bockh,  ii.,  57,  transl.)— 
6  (Demostti.,  c.  Mid.,  529,  26.)— 7.  (Demosth.,  c.  Timocr.,  732, 
'"i— 8.  (Dsmosth..  c.  Timocr.,  736.)— 9.  (Leg.,  x.,  15.) 


ans,  the  yopyvpa,  as  at  Samos.1  Ihe  prison  at 
Athens  was  in  former  times  called  deauuTripiov,  and 
afterward,  by  a  sort  of  euphemism,  oUr/fia.  It  was 
chiefly  used  as  a  guardhouse,  or  place  of  execu- 
tion, and  was  under  the  charge  of  the  public  officer! 
called  the  eleven,  ol  ivdeaa.  One  gate  in  the  prison, 
through  which  the  condemned  were  led  to  execu- 
tion, was  called  to  Xapuvelov.2 

The  Attic  expression  for  imprisonment  was  deh. 
Thus,  in  the  oath  of  the  j3ov?.evrai,  or  senators,  oc- 
curs the  phrase  ovde  drjaa  'kdrjvaiuv  ovdeva.  Hence 
we  have  the  phrase  udeouog  Qvlaicri,3  the  "libera 
custodia"  of  the  Romans,  signifying  that  a  party 
was  under  strict  surveillance  and  guard,  though  not 
confined  within  a  prison. 

Carcer  (Roman).  A  carcer  or  prison  was  first 
built  at  Rome  by  Ancus  Marcius,  overhanging  the 
Forum.*  This  was  enlarged  by  Servius  Tullius, 
who  added  to  it  a  souterrain  or  dungeon,  called 
from  him  the  Tullianum.  Sallust5  describes  this  as 
being  twelve  feet  under  ground,  walled  on  each  side, 
and  arched  over  with  stonework.  For  a  long  time 
this  was  the  only  prison  at  Rome,6  being,  in  fact, 
the  "  Tower,"  or  state  prison  of  the  city,  which  was 
sometimes  doubly  guarded  in  times  of  alarm,  and 
was  the  chief  object  of  attack  in  many  conspiracies.7 
Varro8  tells  us  that  the  Tullianum  was  also  named 
"  Lautumiae,"  from  some  quarries  in  the  neighbour- 
hood ;  or,  as  others  think,  in  allusion  to  the  "  Lau- 
tumiae" of  Syracuse,  a  prison  cut  out  of  the  solid 
rock.  In  later  times  the  whole  building  was  called 
the  "  Mamertine."  Close  to  it  were  the  Scalae  Ge- 
moniee,  or  steps,  down  which  the  bodies  of  those 
who  had  been  executed  were  thrown  into  the  Fo- 
rum, to  be  exposed  to  the  gaze  of  the  Roman  popu- 
lace.9 There  were,  however,  other  prisons  besides 
this,  though,  as  we  might  expect,  the  words  of  Ro- 
man historians  generally  refer  to  this  alone.  One 
of  these  was  built  by  Appius  Claudius,  the  decem- 
vir, and  in  it  he  was  himself  put  to  death.10 

The  carcer  of  which  we  are  treating  was  chiefly 
used  as  a  place  of  confinement  for  persons  under 
accusation,  till  the  time  of  trial ;  and  also  as  a  place 
of  execution,  to  which  purpose  the  Tullianum  was 
specially  devoted.  Thus  Sallust11  tells  us  that  Len- 
tulus,  an  accomplice  of  Catiline,  was  strangled  there. 
Livy  also13  speaks  of  a  conspirator  being  delegatus  in 
Tullianum,  which  in  another  passage13  is  otherwise 
expressed  by  the  words  in  inferiorem  demissus  car- 
cerem,  necatusquc. 

The  same  part  of  the  prison  was  also  called  "  ro- 
bur,"  if  we  may  judge  from  the  words  of  Festus : 
"  Robur  in  carccre  dicitur  is  locus,  quo  pracipitatur 
malejicorum  genus.''''  This  identity  is  farther  shown 
by  the  use  made  of  it ;  for  it  is  spoken  of  as  a  place 
of  execution  in  the  following  passages  :  "  In  robore 
et  tenebris  exspirare."1*  "  Robur  et  saxum  (sc.  Tar- 
peium)  minitari."1*  So  also  we  read  of  the  "  catenas 
— et  Italum  robur."16 

CAR'CERES.     (Fw.  Circus.) 

*CARCHARTAS  (napxapiac),  a  species  of  fish, 
called  in  English  the  White  Shark,  and  in  French 
Requin.  The  scientific  name  is  Squalus  carcharias, 
L.,  or  Carcharias  vulgaris,  Cuvier.  The  Carchari- 
as is  the  same  with  the  Lamia  of  Aristotle,17  Galea, 
and  Pliny  ;18  the  ?iduvn  of  Oppian  ;  the  kvcjv  daldr- 
tloc  (**  sea-dog")  of  ^Elian  ;19  and  the  Kapxapoc  kvuv 
of  Lycophron.30    It  has  also  been  called  by  some 


1.  (Herod.,  iii.,  145.— Pollux,  Onom.,  ix.,  45.)— 2.  (Pollux, 
Onom.,  viii.,  103.— Wachsmuth,  Hellen.  Alterth.,  ii.,  1, 1)  95,  OS.) 
—3.  (Thucyd.,  iii.,  34.)— 4.  (Liv.,  i.,  33.)— 5.  (Cat.,  55.)— 6. 
(Juv.,  Sat.,  iii.,  312.)— 7.  (Liv.,xxvi.,  27  ;  xxxii.,  26.)— 8.  (1.  c.) 
—9.  (Cramer,  Anc.  Italy,  i.,  430.)— 10.  (Liv.,  iii.,  57.— Plin., 
H.  N.,  vii.,  36.)— 11.  (1.  c.)— 12.  (xxix.,  22.)— 13.  (x.vxiv.,  44.) 
— 14.  (Liv..  xxxviii.,  59. — Sallust,  I.e.) — 15.  (Tacit.,  Ann.,  iv, 
29.)— 16.  (Hor.,  Carm.,  II.,  xiii.,  18.)— 17.  (II.  A.,  v..  5.)— IS 
(H.  N.,  ix.,  24.)— 19.  (N.  A.,  i.,  17.)— 20.  (Cassand.,  34.) 

213 


CARCINIUM. 


CARDAMOMUM 


Piscis  Jona,  from  its  having  been  supposed  to  be 
the  fish  which  swallowed  Jona.1 

CARCHE'SIUM  (napxr/aiov),  a  beaker  or  drink- 
ing-cup,  which  was  used  by  the  Greeks  in  very  early 
times,  so  that  one  is  said  to  have  been  given  by  Ju- 
piter to  Alcmena  on  the  night  of  his  visit  to  her.2 
It  was  slightly  contracted  in  the  middle,  and  its  two 
handles  extended  from  the  top  to  the  bottom.3  It 
was  much  employed  in  libations  of  blood,  wine,  milk, 
an  I  honey.*  The  annexed  woodcut  represents  a 
magnificent  carchesium,  which  was  presented  by 
Charles  the  Simple  to  the  Abbey  of  St.  Denys.  It 
was  cut  out  of  a  single  agate,  and  richly  engraved 
with  representations  of  bacchanalian  subjects.  It 
held  considerably  more  than  a  pint,  and  its  handles 
were  so  large  as  easily  to  admit  a  man's  hand. 


The  same  term  was  used  to  designate  the  tops  of 
a  ship,  that  is.  the  structure  surrounding  the  mast 
immediately  above  the  yard  (vid.  Antenna),  into 
which  the  mariners  ascended  in  order  to  manage 
the  sail,  to  obtain  a  distant  view,  or  to  discharge 
missiles  (hie  summi  super  at  carchesia  mali5).  This 
was  probably  called  "  carchesium"  on  account  of  its 
resemblance  in  form  to  the  cup  of  that  name.  The 
ceruchi  or  other  tackle  may  have  been  fastened  to 
its  lateral  projections,  which  corresponded  to  the 
handles  of  the  cup  (summitas  mali,  per  quam  Junes 
trajiciunt  ;6  foramina,  qua  summo  mali  Junes  recipi- 
unt'').  Pindar8  calls  the  yard  of  a  ship  "  the  yoke  of 
its  carchesium,"  an  expression  well  suited  to  the 
relative  position  of  the  parts. 

The  carchesia  of  the  three-masted  ship  built  for 
Hiero  II.  by  Archimedes  were  of  bronze.  Three 
men  were  placed  in  the  largest,  two  in  the  next, 
and  one  man  in  the  smallest.  Breastworks  (ti-topd- 
klu)  were  fixed  to  these  structures,  so  as  to  supply 
the  place  of  defensive  armour ;  and  pulleys  (rpoxv 
"kiai,  trochlea)  for  hoisting  up  stones  and  weapons 
from  below.9  The  continuation  of  the  mast  above 
the  carchesium  was  called  "  the  distaff"  (faa/carn), 
corresponding  to  our  topmast  or  topgallant-mast.10 
This  part  of  an  ancient  vessel  was  sometimes  made 
to  produce  a  gay  and  imposing  effect  when  seen 
from  a  distance  (lucida  qua  splendent  summi  carche- 
sia mali11).  The  carchesium  was  sometimes  made 
to  turn  upon  its  axis  (versatile1*),  so  that  by  means 
of  its  apparatus  of  pulleys  it  served  the  purposes  of 
a  crane. 

*CARCINTUM  (KaptilvLov),  according  to  Pennant, 
*  species  of  shellfish,  the  same  with  the  Cancer 
Bcrnardus,  Linn.,  or  Hermit-crab.  It  is  more  cor- 
rect, however,  to  say  that  the  Greeks  applied  the 
name  Carcinion  generically  to  the  parasite  crusta- 

1.  (Adams,  Append.,  s.  v.) — 2.  (Pherecydes,  p.  97-100,  ed. 
Bturz.) — 3.  (Athenaeus,  xi.,  49.— Macrob.,  Sat.,  v.,  21.) — 4. 
(Sapphc,  Frag.— Virg.,  Georg.,  iv.,  380.— JEn.,  v.,  77.— Ovid, 
Met.,  vii.,  246. — Stat.,  Achill.,  ii.,  6. — Athenaeus,  v.,  28.) — 5. 
(Lucil.,  Sat.,  iii.— Eurip.,  Hec,  1237.— Schol.,  ad  loc.)— 6. 
(Serv.  itt.  JEn.,  v.,  77.)— 7.  (Nonius,  s.  v.)— 8.  (Nem.,  v.,  94  , 
—9.  (Moschion,  ap.  Athen.,  v.,  43.) — 10.  (Apollon.  Rhod.,  i., 
565. — Schol.,  ad  loc. — Atlien^us,  xi.,  49.) — 11.  (Catullus,  ap. 
Non.—  Apuleius,  Met.,  si.)— 12.  (V'.truv.,  x.,  2,  10.— Schneider, 
ail  loc.) 

214 


cea  wmeh  lodge  themselves  in  the  empty  shells  of 
the  mollusca,  and  which  the  Latins  designated  by 
the  synonymous  appellation  of  Cancelli.  Aldrovan- 
dus,  Gesner,  Rondelet,  Swammerdam,  and  othe? 
modern  naturalists,  preserve  this  last  denomina 
tion ;  but  Fabricius  has  bestowed  that  of  Pagurus 
upon  this  genus,  a  name  by  which  the  ancients  des- 
ignated a  sort  of  crab,  or  one  of  the  biachyurous 
Crustacea.  Aristotle  mentions  the  fact,  now  so 
well  established,  that  the  shell  serving  as  an  habi- 
tation to  the  Carcinion  or  Pagurus  was  not  of  its 
own  formation ;  that  it  had  possessed  itself  of  it  af- 
ter the  death  of  the  molluscous  animal  which  had 
formed  it ;  and  that  its  body  was  not  adherent  to 
it,  as  is  that  of  the  last-mentioned  animal.1 

*CAR'CINUS  (napKivoc),  the  genus  Cancer  ox  Crab, 
of  which  many  species  are  described  by  Aristotle. 
According  to  Pennant,  Aristotle  notices  the  Velvet- 
crab,  or  Cancer  velutinus,  L.2  The  Kapnivoc  ttotu- 
jxloc  belongs  to  the  genus  Thelphusa.  "  This  species 
of  crab  enjoyed  a  great  celebrity  among  the  Greeks, 
and  we  see  it  on  the  coins  of  Agrigentum  in  Sicily, 
where  it  is  represented  with  so  much  truth  that  it 
is  impossible  to  mistake  it.  Particular  mention  is 
made  of  this  crustaceum  in  the  writings  of  Pliny., 
Dioscorides,  Nicander,  and  others.  It  is  the  Gran- 
cio  or  Granzo  of  the  Italians.  It  was  believed  that 
the  ashes  of  this  species  were  useful,  from. their 
desiccative  qualities,  to  those  who  had  been  bitten 
by  a  mad  dog,  either  by  employing  those  ashes 
alone,  or  mixed  with  incense  and  gentian.  Accord- 
ing to  iElian,  the  fresh-water  crabs,  as  well  as  the 
tortoises  and  crocodiles,  foresaw  the  inundations  of 
the  Nile,  and,  about  a  month  previously  to  that 
event,  resorted  to  the  most  elevated  situations  in 
the  neighbourhood.  The  kind  of  Crustacea  termed 
by  modern  naturalists  Ocypode  is  probably  the  same 
of  which  Pliny  makes  mention,  and  which  the 
Greeks,  by  reason  of  the  celerity  of  its  movements, 
designated  as  the  Hippeus  ('lirirevc),  or  "  Horseman." 
— With  regard  to  the  Cancer  Pinnotheres,  or  small 
Crab,  vid.  Pinnophylax.3 

*CARDAMTNE  (napdafiivn),  the  second  species 
of  "Ziav/j.6ptov.  The  term  is  applied  by  modern 
botanists  to  a  genus  closely  allied  to  the  Cresses. 
(Vid.  Sisymbrium.)* 

*CARDAMO'M(JM,  according  to  Pliny,5  a  species 
of  aromatic  shrub,  producing  a  seed  or  grain  of  the 
same  name  with  the  parent  plant.  This  seed  was 
used  in  unguents.  The  Roman  writer  mentions 
four  kinds  of  this  seed  :  the  first,  which  was  the 
best,  was  of  a  very  bright  green,  and  hard  to  break 
up ;  the  second  was  of  a  whitish-red  colour  ;  the 
third,  smaller,  and  of  a  darker  hue  ;  the  fourth  and 
worst,  of  different  colours,  having  little  odour,  and 
very  friable.  The  Cardamomum  had  a  fragrance 
resembling  that  of  Coslus,  or  Spikenard.  The  Car- 
damomum of  the  shops  at  the  present  day  appears 
to  be  the  same  with  that  of  the  ancients,  and  is  the 
fruit  or  seed  of  the  Amomum  Cardamomum.  It 
comes,  not  from  Arabia,  as  Pliny  says  the  ancient 
kinds  did,  but  from  India ;  and,  indeed,  it  was  in 
this  way  the  Greeks  and  Romans  actually  obtained 
theirs,  by  the  Red  Sea,  and  the  overland  trade 
through  Arabia.  Only  three  kinds  are  known  at 
the  present  day,  the  large,  medium,  and  small  sized. 
M.  Bonastre  thinks  that  cardamomum  means  "  amo- 
mum in  husks,"  or  "  husk-amomum"  (amome  a  sili' 
ques),  the  Egyptian  term  kardh  meaning,  as  he  says, 
"  a  husk."  Other  etymologists,  however,  make 
the  term  in  question  come  from  icapdia,  "  a  heart," 
and  aficofiov,  and  consider  it  to  mean  "  strengthen- 
ing, exhilarating,  or  cardiac  amomum.'" 

1.  (Griffith's  Cuvier,  vol.  xiii.,  p.  304.) — 2.  (Adams,  Append., 
3.  v.^ — 3.  (Griffith's  Cuvier,  vol.  xiii.,  p.  278,  seqq.) — 4.  (Adams 
Append.,  s.  v.)— 5.  (H.  N..  xu.,  13   —6.  (Fee,  ad  Plin.,  1.  c.) 


UaIIDO 


CARDUliS. 


»CARD'AMUM  {tcapdafiov),  a  species  of  plant. 
Schneider  remarks  that  Sprengel  holds  it  to  be  the 
Lepidium  sativum,  or  cultivated  Pepper- wort ;  Stack- 
house,  however,  is  for  the  Sisymbrium  nasturtium, 
or  Water-cress  ;  while  Coray  thinks  it  is  either 
f he  Lepidium  perfoliatum,  or  Orientate,  Tournefort. 
-  There  can  be  little  doubt,"  observes  Adams, 
*  that  it  was  a  sort  of  Cress,  but  the  species  cannot 
ae  determined  with  any  degree  of  certainty."1 

CARDO  (daipoc,  orpvQevg,  crpofyiyZ,  yiyyXvfioc), 
a  hinge,  a  pivot. 

The  first  figure  in  the  annexed  woodcut  is  de- 
signed to  show  the  general  form  of  a  door,  as  we 
find  it  with  a  pivot  at  the  top  and  bottom  (a,  b)  in 
ancient  remains  of  stone,  marble,  wood,  and  bronze. 
The  second  figure  represents  a  bronze  hinge  in  the 
Egyptian  collection  of  the  British  Museum :  its 
pivot  (b)  is  exactly  cylindrical.  Under  these  is 
drawn  the  threshold  of  a  temple,  or  other  large  edi- 
fice, with  the  plan  of  the  folding-doors.  The  pivots 
move  in  holes  fitted  to  receive  them  (b,  b),  each  of 


an 

1, 

"T 

r 

which  is  in  an  angle  behind  the  antepagmentum 
(marmorco  aratus  stridens  in  limine  car  do2).  This  rep- 
resentation illustrates  the  following  account  of  the 
breaking  down  of  doors  :  "  Janua  evulsis  funditus 
cardinibus  prostcrnuntur."3  When  Hector  forces  the 
gate  of  the  Grecian  camp,  he  does  it  by  breaking 
both  the  hinges  (au^oripovc  daipovc*),  i.  e.,  as  ex- 
plained by  the  scholiasts,  the  pivots  (orpoftyyac)  at 
the  top  and  bottom.     (Vid.  Cataracta.) 

According  to  the  ancient  lexicons,  "  cardo"  de- 
noted not  only  the  pivot,  but  sometimes  the  socket 
{foramen)  in  which  it  turned.  On  this  assumption 
we  may  vindicate  the  accuracy  of  such  expressions 
as  Posies  a  cardine  vellit,  and  Emoti  procumbunt  car- 
dine  postes  ;5  daipuv  e^epvaavrec.6  In  these  instan- 
ces, "  postis"  appears  to  have  meant  the  upright 
pillar  {a,  b)  in  the  frame  of  the  door.  The  whole 
of  this  "  post,"  including  the  pivots,  appears  to  be 
called  oTpo<pevc,  and  "  cardo"  by  Theophrastus  and 
Pliny,  who  say  that  it  was  best  made  of  elm,  be- 
cause elm  does  not  warp,  and  because  the  whole 
door  will  preserve  its  proper  form,  if  this  part  re- 
mains unaltered.7 

To  prevent  the  grating  or  creaking  noise8  (stri- 
dor,9 strepitus10)  made  by  opening  a  door,  lovers  and 
others  who  had  an  object  in  silence  (cardine  tacito11) 
poured  water  into  the  hole  in  which  the  pivot 
moved.12 

The  Greeks  and  Romans  also  used  hinges  exactly 
like  those  now  in  common  use.  Four  Roman  hin- 
ges of  bronze,  preserved  in  the  British  Museum,  are 
shown  in  the  following  woodcut. 

The  proper  Greek  name  for  this  kind  of  hinge 
was  ylyylvfioc :  whence  Aristotle13  applies  it  to  the 

1.  (Adams,  Append.,  s.  v.) — 2.  (Ciris,  222. — Eurip.,  Phcen., 
114-116.— Schol.  ad  loc.)— 3.  (Apuleius,  Met.,  i.)— 4.  (II.,  xii., 
459.)— 5.  (Virg.,  JEn.,  ii.,  480,  493.)— G.  (Quint.,  Smyrn.,  x., 
388.)— 7.  (Theophrast.,  H.  P.,  v.,  3,  5.— Plin.,  II.  N.,  xvi.,  77.) 
—8.  (Vir?.,  JEn.,  i.,  449.)— 9.  (Ovid,  Met.,  xi.,  608.)— 10.  (Id. 
ib.,  xiv.,  782.)— 11.  (Tibull.,  I.,  vi.,  20.— Propert.,  I.,  xvi.,  25.) 
-'•?•    (Plaut.,  Curcul.,  I.,  in.,  1-4.)  -13.  (H.  A.,  iv.,  4.) 


joint  of  a  bivalve  shell ;  and  the  anatomists  call 
those  joints  of  the  human  body  ginglymoid  which 
allow  motion  only  in  one  plane,  such  as  the  elbow 
joint.  Of  this  kind  of  hinge,  made  by  inserting  a 
pin  through  a  series  of  rings  locking  into  one  an- 
other, we  have  examples  in  helmets  and  cuirasses.1 

The  form  of  the  door  above  delineated  makes  it 
manifest  why  the  principal  line  laid  down  in  sur- 
veying land  was  called  "  cardo"  (vid.  Agrimenso- 
res)  ;2  and  it  farther  explains  the  application  of  the 
same  term  to  the  North  Pole,  the  supposed  pivot  on 
which  the  heavens  revolved.3  The  lower  extrem- 
ity of  the  universe  was  conceived  to  turn  upon 
another  pivot,  corresponding  to  that  at  the  bottom 
of  the  door  ;*  and  the  conception  of  these  two 
principal  points  in  geography  and  astronomy  led  to 
the  application  of  the  same  term  to  the  east  and 
west  also.6  Hence  our  "  four  points  of  the  com- 
pass" are  called  by  ancient  writers  quatuor  cardines 
orbis  terrarum,  and  the  four  principal  winds,  N.,  S., 
E.,  and  W.,  are  the  cardinales  venti.6 

The  fundamental  idea  of  the  pivots  which  served 
for  hinges  on  a  door  may  be  traced  in  the  applica- 
tion of  the  same  terms  to  various  contrivances 
connected  with  the  arts  of  life,  more  especially  to 
the  use  of  the  tenon  (cardo,  crpo^iy^)  and  mcttise 
(foramen,  (3dcnc)  in  carpentry  ;7  tignum  cardina- 
tum  ;8  cardines  securiculali,9  i.  e.,  dove-tailed  ten- 
ons, called  securiculati  because  they  had  the  shape 
of  an  axe  (securicula).  We  also  find  these  terms 
applied  to  the  pivot  which  sustained  and  moved  the 
hand  on  the  dial  (orbis)  of  an  anemoscope-,10  to  the 
pins  at  the  two  ends  of  an  axle,  on  wb'ch  it  re- 
volves ;11  and  to  cocks  used  for  drawing  fluids 
through  pipes  (bronze  cock  in  the  Museum  at  Naples19). 

Lastly,  "  cardo"  is  used  to  denote  an  important 
conjuncture  or  turn  in  human  affairs,13  and  a  defi- 
nite age  or  period  in  the  life  of  man  (turpes  extremi 
cardinis  annos1*). 

♦CARDUE'LIS,  a  small  bird,  feeding  among  this- 
tles, whence  its  Latin  name,  from  carduus,  "a  this- 
tle." It  appears  to  be  the  same  with  the  Acanthis 
of  Aristotle.15     (Vid.  Acanthis.) 

*CARDTJUS,  the  Thistle,  of  which  several  kinds 
were  known  to  the  ancients.  The  hevnaKavdoe  of 
Theophrastus16  (duavda  Xevktj  of  Dioscorides17)  is 
the  Carduus  leucographus  of  modern  botanists  :  the 
unavda  ^aA/ce/a  is  the  Carduus  cyanoides,  L.  The 
nipoLov  of  Dioscorides,  so  called  because  reputed  to 
heal  in  varicose  complaints  (ntpooc,  varix),  is  the 
C.  Marianus,  or  St.  Mary's  Thistle.  The  modern 
Greek  name  is  KovQayKado.  Sibthorp  found  it  in 
the  Peloponnesus,  in  Cyprus,  and  around  Constan- 
tinople. It  grows  wild,  according  to  Billerbeck, 
throughout  Europe.18    The  cKoXvpog  is  a  species  of 


1.  (Bronzes  of  Siris  in  Brit.  Museum.  -Xge  ,  De  Re  Equestr.. 
xii.,  6.)— 2.  (Fcstus,  s.  v.  Decumanus. — Isid.,  Orig.,  xv.,  14.) — 
3.  (Varro,  De  Re  Rust.,  i.,  2.— Ovid,  Ep.  Ex  Pont.,  ii.,  10,  45.) 
—4.  (Cic,  De  Nat.  Deor.,  ii.,  41—  Vitruv.,  vi.,  1;    ix.,  1.)— 5. 
(Lucan,  v.,  71.)— 6.  (Servius,  ad  JEn.,  i.,  85.)— ^  (Josephus, 
Ant.  Jud.,  III.,  vi.,  3.)— 8.  (Vitruv.,  x.,  15.)— 9.  ,'x.,  10.)— 10. 
(Varro,  De  Re  Rust.,  iii.,  5.)— 11.  (Vitruv.,  x.,  32.,— 12.  (Schol. 
ad  Ari-stoph.,  Av.,  450.)— 13.  (Virg.,  JEn.,  i.,  672.)— 14.  (Lu 
can,   vii.,  381.)— 15.  (II.  A.,  ix.,   1.)— 16.  (H.  P.,  vi-,  4.)  17 
(iii.,  14.— Sprengel,  R  II.  H.,  vol.  i.,  p.  185.)— 18.  (Flora  Clas*i 
•■a,  p.  208.) 

215 


CARMENTALIA. 


CARNEIA. 


edible  thistle,  and,  according  to  Sib  thorp,  is  the  same 
with  the  Scolymus  Hispanicus ;  Schneider,  however, 
is  in  favour  of  the  Cynara  cardunculus,  or  Cardon 
Artichoke.1     (Vid.  Acantha.) 

*CAR'EUM  (icdpoe),  the  plant  called  Carrbway, 
tne  Carum  carui,  L.  It  took  its  name  from  the 
country  of  Caria,  where  the  best  grew,2  and  the 
name  is,  in  fact,  an  adjective,  there  being  an  ellip- 
sis of  cuminum ;  for  the  Careum  is,  in  truth,  the  Cu- 
minum  sylvestre.  Billerbeck  thinks3  that  the  Chora, 
or  Car  a  which  the  soldiers  of  Caesar*  ate  with  milk, 
and  which  they  also  made  up  into  bread  during  the 
scarcity  of  provisions  which  prevailed  in  the  camp 
of  the  latter  at  Dyrrhachium,  was  no  other  than  the 
root  of  the  Careum.  Cuvier,5  however,  with  more 
appearance  of  reason,  declares  for  a  species  of  wild 
cabbage  (une  espece  de  chou  sauvage),  of  which 
Jacquin  has  given  a  description  under  the  title  of 
Crambe  Tartaria.  The  Char  a  of  modern  botanists  is 
quite  different  from  this,  being  a  small  aquatic  herb. 

*CAREX,  a  species  of  Rush.  The  Carex  is  men- 
tioned by  Virgil6  with  the  epithet  acuta,  and  Martyn7 
remarks  of  it  as  follows  :  "  This  plant  has  so  little 
said  of  it,  that  it  is  hard  to  ascertain  what  species 
we  are  to  understand  by  the  name.  It  is  called 
'  sharp'  by  VirgiJ,  which,  if  it  be  meant  of  the  end 
of  the  stalk,  is  no  more  than  what  Ovid  has  said  of 
the  Juncus,  or  common  Rush.  It  is  mentioned  also 
in  another  passage  of  Virgil,8  '  tu  post  carccta  late- 
das,'  from  which  we  can  gather  no  more  than  that 
these  plants  grew  close  enough  together  for  a  per- 
son to  conceal  himself  behind  them.  Catullus 
mentions  the  Carex  together  with  Fern,  and  tells 
what  season  is  best  to  destroy  them.  Since,  there- 
fore, it  is  difficult  to  determine  what  the  Carex  is 
from  ancient  authorities,  we  must  depend  upon  the 
account  of  Anguillara,  who  assures  us  that,  about 
Padua  and  Vincenza,  they  call  a  sort  of  rush  Ca- 
reze,  which  seems  to  be  the  old  word  Carex  modern- 
ized. Caspar  Bauhin  says  it  is  that  sort  of  rush 
which  he  has  called  Juncus  acutus  panicula  sparsa. 
It  is,  therefore,  our  common  hard  rush,  which 
grows  in  pastures  and  by  waysides  in  a  moist  soil. 
It  is  more  solid,  hard,  and  prickly  at  the  point  than 
our  common  soft  rush,  which  seems  to  be  what 
the  ancients  called  Juncus."9 

*CARIS  (napic),  a  sea-animal  of  the  class  Crus- 
tacea. According  to  Adams,  it  is  the  Squilla  of 
Cicero  and  Pliny,10  a  term  that  has  been  retained  in 
the  Linnaean  nomenclature.  It  is  the  Cancer  squil- 
la, L.  The  larger  kind  of  Squilla,  he  adds,  is  called 
White  Shrimp  in  England;  the  smaller,  Prawn. 
The  Kaplc  Kvfr/  of  Aristotle  is  a  variety  of  the  Can- 
cer squilla,  called  in  French  Crevette.  In  the  sys- 
tems of  Latreille  and  Fleming,  the  term  Carides  is 
applied  to  a  subdivision  of  the  Crustacea.  In  these 
systems,  the  Prawn  gets  the  scientific  name  of 
Palamon  serratus,  the  common  Shrimp  that  of 
Crangon  vulgaris."11 

CARINA.     (Vid.  Navis.) 

CARMENTA'LIA.  Carmenta,  also  called  Car- 
mentis,  is  fabled  to  have  been  the  mother  of 
Evander,  who  came  from  Pallantium  in  Arcadia 
and  settled  in  Latium  ;  he  was  said  to  have  brought 
with  him  a  knowledge  of  the  arts,  and  the  Latin 
alphabetical  characters  as  distinguished  from  the 
Etruscan.12  In  honour  of  this  Carmenta,  who  was 
supposed  to  be  more  than  human,13  were  celebrated 
the  Carmenta.ua,  •*  even  as  early  as  the  time  of 


1.  (Billerbeck,  1.  c,  and  p.  205.)— 2.  <Plin.,  II.  N.,  xix.,  8.— 
Billerbeck,  Flora  Classica,  p.  29.)— 3.  (F.  C,  p.  80.} -4.  (Bell. 
Civ.,  iii.,  48.) — 5.  (ad  Caes.,  1.  c.,Lemaire'sed.) — 6.  (Georg.,  iii., 
231.)— 7.  (ad  Virg.,  1.  c.)— 8.  (Eclog.,  iii.,  20.)— 9.  (Martyn,  1. 
a.)— 10.  (Cic,  De  Nat.  Deor.,  ii.,  48.— Plin.,  H.  N.,  ix.,  42.)— 
11.  (Adams,  Anpend.,  s.  v.)— 12.  (Niebuhr,  Rom.  Hist.,  i.,  p. 
37,  transl.— Tacit.,  Ann.,  xi.,  14.)— 13.  (Liv.,  i.,  71.)— 14.  (Var- 
ro,  De  Ling.  Lat.,  v.) 
216 


Romulus,  if  we  may  believe  the  authority  of  Plu. 
tarch.1  These  were  feriae  stativae,  i.  e.,  annually 
held  on  a  certain  day,  the  11th  of  January  ;  and  an 
old  calendar3 .  assigns  to  them  the  four  following 
days  besides ;  of  this,  however,  there  is  no  confir- 
mation in  Ovid.3  A  temple  was  erected  to  the 
same  goddess  at  the  foot  of  the  Capitoline  Hill, 
near  the  Porta  Carmentalis,  afterward  called  Scel- 
erata.*  The  name  Carmenta  is  said  to  have  been 
given  to  her  from  her  prophetic  character,  carmens 
or  carmentis  being  synonymous  with  vates.  The 
word  is,  of  course,  connected  with  carmen,  as 
prophecies  were  generally  delivered  in  verse.  Her 
Greek  title  was  Qe/nic.*  Plutarch6  tells  us  that 
some  supposed  Carmenta  to  be  one  of  the  Fates 
who  presided  over  the  birth  of  men :  we  know, 
moreover,  that  other  divinities  were  called  by  the 
same  name  ;  as,  for  instance,  the  Carmenta  Post- 
verta  and  Carmenta  Prorsa  were  invoked  in  cases 
of  childbirth ;  for  farther  information  with  respect 
to  whom,  see  Aul.  Gell.,  xvi.,  6  ;  Ovid,  Fast.,  I,  634. 
CARNEIA  (Kapvela),  a  great  national  festival, 
celebrated  by  the  Spartans  in  honour  of  Apollo  Car- 
neios,  which,  according  to  Sosibius,7  was  instituted 
Olymp.  26 ,  although  Apollo,  under  the  name  of 
Carneios,  was  worshipped  in  various  places  of  Pel- 
oponnesus, particularly  at  Amyclae,  at  a  very  early 
period,  and  even  before  the  Dorian  migration.8 
Wachsmuth,9  referring  to  the  passage  of  Athenseus 
above  quoted,  thinks  that  the  Carneia  had  long  be- 
fore been  celebrated ;  and  that  when,  in  Olymp. 
26,  Therpander  gained  the  victory,  musical  con- 
tests were  only  added  to  the  other  solemnities  of 
the  festival.  But  the  words  of  Athenseus,  who  is 
the  only  authority  to  which  Wachsmuth  refers,  do 
not  allow  of  such  an  interpretation,  for  no  distinc- 
tion is  there  made  between  earlier  and  later  solem- 
nities of  the  festival,  and  Athenaeus  simply  says 
the  institution  of  the  Carneia  took  place  Olymp. 
26  ('Eyevero  de  r\  &ecuc  ruv  Kapveluv  Kara  rr\v 
EKrnv  nai  einoGTTjv  'Olv/iiudda,  6e  iuoiftioc  tyrjciv,  kv 
tcj  Ttepl  xpovuv).  The  festival  began  on  the  seventh 
day  of  the  month  of  Carneios— Metageitnion  of  the 
Athenians,  and  lasted  for  nine  days.10  It  was,  as 
far  as  we  know,  a  warlike  festival,  similar  to  the 
Attic  Boedromia.  During  the  time  of  its  celebra- 
tion, nine  tents  were  pitched  near  the  city,  in  each 
of  which  nine  men  lived  in  the  manner  of  a  military 
camp,  obeying  in  everything  the  commands  of  a 
herald.  Muller  also  supposes  that  a  boat  was  car- 
ried round,  and  upon  it  a  statue  of  the  Carneian 
Apollo  CknoXkov  GTEfifiaTtac),  both  adorned  with 
lustratory  garlands,  called  dinnlov  oTeuuanalov,  in 
allusion  to  the  passage  of  the  Dorians  from  Naupac- 
tus  into  Peloponnesus.11  The  priest  conducting  the 
sacrifices  at  the  Carneia  was  called  'Kynrfjc,  whence 
the  festival  was  sometimes  designated  by  the  name 
'Ar/vropia  or  'KyrjTopeLov  ;12  and  from  each  of  the 
Spartan  tribes  five  men  (KapvearaL)  were  chosen 
as  his  ministers,  whose  office  lasted  four  years,  du- 
ring which  period  they  were  not  allowed  to  marry.13 
Some  of  them  bore  the  name  of  ^.Tatyvlodpo/Lioi.1* 
Therpander  was  the  first  who  gained  the  prize  in 
the  musical  contests  of  the  Carneia,  and  the  musi- 
cians of  his  school  were  long  distinguished  compet- 
itors for  the  prize  at  this  festival.15  and  the  last  of 
this  school  who  engaged  in  the  contest  was  Periclei- 
das.16     When  we  read  in  Herodotus17  and  Thucyi 

1.  (Romul..  c.  21.)— 2.  (Grut.,  p.  133.)— 3.  (Fast.,  i.,  467.)— 
4.  (Liv.,  ii.,49.)— 5.  (Dionys.,  i.,  31.)— 6.  (1.  c.)— 7.  (ap.  Athen., 
xiv.,  p.  635.)— 8.  (Midler's  Dorians,  i.,  3,  t>  8,  and  ii.,  8,  )  15.)— 
9.  (Hellen.  Alterthumsk.,  ii.,  2,  p.  257.)— 10.  (Athenaeus,  iv.,  p 
141.— Eustath.  ad  II.,  xxiv.,  sub  fin.— Plut.,  Symp.,  viii.,  1.)— 
11.  (Dorians,  i.,  3,  $  8,  note  s.)— 12.  (Hesych.,  s.  v.  'Ayrjrdptt 
or.)— 13.  (Hesych.,  s.  v.  KapvEiirai.)— 14.  (Hesych.,  s  v.— Com 
pare  Bekker,  Anecdot.,  p.  205.)— 15.  (Muller,  Dor.,  iv.,  6,  i  Z.\ 
—16.  (Plut.,  De  Mus.,  6.)— 17.  (vi.   106  ;  vii.,  206.i 


CARPENTUM. 


KARPOU  DIKE. 


ides1  that  the  Spartans,  during  the  celebration  of 
this  festival,  were  not  allowed  to  take  the  field 
against  an  enemy,  we  must  remember  that  this  re- 
striction was  not  peculiar  to  the  Carneia,  but  com- 
mon to  all  the  great  festivals  of  the  Greeks ;  traces 
of  it  are  found  even  in  Homer.3 

Carneia  were  also  celebrated  at  Cyrene,3  in  The- 
ra,*  in  Gythion,  Messene,  Sicyon,  and  Sybaris.5 

CAR'NIFEX,  the  public  executioner  at  Rome, 
who  executed  slaves  and  foreigners,8  but  not  citi- 
zens, who  were  punished  in  a  manner  different  from 
slaves.  It  was  also  his  business  to  administer  the 
torture.  This  office  was  considered  so  disgraceful, 
that  he  was  not  allowed  to  reside  within  the  city,7 
but  lived  without  the  Porta  Metia  or  Esquilina,8 
near  the  place  destined  for  the  punishment  of 
slaves,9  called  Sestertium  under  the  emperors.10 

It  is  thought  by  some  writers,  from  a  passage  in 
Plautus,11  that  the  carnifex  was  anciently  keeper  of 
the  prison  under  the  triumviri  capitales ;  but  there 
does  not  appear  sufficient  authority  for  this  opinion.13 

*C  \RO'TA,  the  wild  Carrot,  called  by  the  Greeks 
davKoc.     (Vid.  Daucus.) 

CARPENTUM,  a  cart;  also  a  rectangular  two- 
wheeled  carriage,  enclosed,  and  with  an  arched  or 
sloping  cover  overhead. 

The  caspentum  was  used  to  convey  the  Roman 
matrons  in  the  public  festal  processions  ;13  and,  as 
this  was  a  high  distinction,  the  privilege  of  riding  in 
a  carpentum  on  such  occasions  was  allowed  to  par- 
ticular females  by  special  grant  of  the  senate.  This 
was  done  on  behalf  of  Agrippina  (rci  nap-xevrCi  ev 
ralg  izavnyvpeai  xPV0®0-1-1*)'  wno  availed  herself  of 
the  privilege  so  far  as  even  to  enter  the  Capitol  in 
her  carpentum.14    A  medal  was  struck  (see  wood- 


cut) to  commemorate  this  decree  of  the  senate  in 
her  favour.  When  Claudius  celebrated  his  triumph 
at  Rome,  he  was  followed  by  his  empress  Messali- 
na  in  her  carpentum.16 

This  carriage  contained  s^ats  for  two,  and  some- 
times for  three  persons,  besides  the  coachman.17  It 
was  commonly  drawn  by  a  pair  of  mules  {carpentum 
mulare1*),  but  more  rarely  by  oxen  or  horses,  and 
sometimes  by  four  horses  like  a  quadriga.  For 
grand  occasions  it  was  very  richly  adorned.  Agrip- 
pina's  carriage,  as  above  represented,  shows  paint- 
ing or  carving  on  the  panels,  and  the  head  is  sup- 
ported by  Caryatides  at  the  four  corners. 

The  convenience  and  stateliness  of  the  carpen- 
tum were  also  assumed  by  magistrates,  and  by  men 
of  luxurious  habits,  or  those  who  had  a  passion  for 
driving.19 

When  Caligula  instituted  games  and  other  solem- 


1.  (v. ,  54,  and  in  other  places.)— 2.  (Od.,  xxi.,  258,  &c.) — 3. 
(Callim.,  Hymn,  in  Apoll.,  72,  seq.) — 4.  (Callim.,  1.  c. — Pindar, 
Pyth.,  v.,  99,  seq.)— 5.  (Paus.,  iii.,  21,  7,  and  24,  5  ;  iv.,  33,  5  ; 
ii.,  10,  2  — Theocrit.,  v.,  83. — Compare  Miiller's  Orchomenus,  p. 
£27.)— 6.  (Plaut.,  Bacch.,  IV.,  iv.,  37.— Capt.,  V.,  iv.,  22.)— 7. 
(Cic.,ProRabir.,  5.)— 8.  (Plaut ,  Pseud.,  I.,  iii.,  98.)— 9.  (Plaut., 
Cas.,  II.,  vi.,  2.— Tacit.,  Ann.,  xv.,  60.— Hor.,  Epod.,  v.,  99.)— 
10  (Plut.,  Galb.,  20.)— 11.  (Rud.,  III.,  vi.,  19.)— 12.  (Lipsius, 
Excurs.  ad  Tacit.,  Ann.,  ii.,  32.)— 13.  (Liv.,  v.,  25.— Isid.,  Orig., 
xx.,  12.)— 14.  (Dion  Cass.,  lx.)— 15.  (Tacit.,  Ann.,  xii.,  42.)— 
16.  (Suet.,  Claud.,  17.)— 17.  (Liv.,  i.,  34.)— 18.  (Lamprid.,  lle- 
.iug.,  4.)— 19.  (Juv.,  Sat.,  viii.,  146-152.) 
E  R 


nities  in  honour  of  his  deceased  mother  A  gripping 
her  carpentum  went  in  the  procession.1  This  prac- 
tice, so  similar  to  ours  of  sending  carriages  to  a 
funeral,  is  evidently  alluded  to  in  the  alto-relievo 
here  represented,  which  is  preserved  in  the  British 
Museum.  It  has  been  taken  from  a  sarcophagus, 
and  exhibits  a  close  carpentum  drawn  by  four  hor- 
ses. Mercury,  the  conductor  of  ghosts  to  Hades, 
appears  on  the  front,  and  Castor  and  Pollux,  with 
their  horses,  on  the  side  panel. 

iv;;'t"^v7T'''''':  '  '     .-s  ■',:ii ""''"  "  * 


The  coins  of  Ephesus  show  a  carpentum,  proving 
that  it  was  used  to  add  to  the  splendour  of  the  pro- 
cessions in  honour  of  Diana.  It  probably  carried 
a  statue  of  the  goddess,  or  some  of  the  symbols  of 
her  attributes  and  worship. 

Carpenta,  or  covered  carts,  were  much  used  by 
our  ancestors  the  Britons,  and  by  the  Gauls,  the 
Cimbri,  the  Allobroges,  and  other  northern  nations.3 
These,  together  with  the  carts  of  the  more  common 
form,  including  baggage-wagons,  appear  to  have 
been  comprehended  under  the  term  carri  or  carra, 
which  is  the  Celtic  name  with  a  Latin  termination. 
The  Gauls  and  Helvetii  took  a  great  multitude  of 
them  on  their  military  expeditions ;  and,  when  they 
were  encamped,  arranged  them  in  close  order,  so  as 
to  form  extensive  lines  of  circumvallation.3 

The  agricultural  writers  use  "  carpentum"  to  de- 
note either  a  common  cart*  or  a  cart-load,  e.  g., 
xxiv.  stercoris  carpenta.6 

*CARPE/SIUM  (icapTrf/oiov),  an  aromatic  some 
times  used  in  place  of  Cassia.  Galen  describes  it 
as  resembling  Valerian.  Some  of  the  earlier  com- 
mentators, and,  as  it  would  appear,  the  Arabian 
physicians  also,  supposed  it  Cubebs  ;  but  this  opin- 
ion is  rebutted. by  Matthiolus  and  C.  Bauhin.  Dr. 
Hill  says  of  it,  "  If  the  Arabians  were  acquainted 
with  our  Cubebs  at  all,  it  appears  that,  not  knowing 
what  the  Carpesium  and  Ruscus  were,  they  igno- 
rantly  attributed  the  virtues  ascribed  by  the  Greeks 
to  their  medicines  to  the  Cubebs."6 

*CARPPNUS,  a  species  of  Maple,  called  also  the 
Hornbeam,  or  Yoke-elm.  It  is  a  tree  that  loves 
the  mountains,  and  is  described  by  Pliny  as  having 
its  wood  of  a  red  colour  and  easy  to  cleave,  and 
covered  with  a  livid  and  rugged  bark.  It  was  called 
Zygia  (Cvyia)  by  the  Greeks,  because  often  used  to 
make  yokes  (fvyu)  for  oxen.  The  scientific  name 
is  Carpinus  betulus.1 

KAPLTOY  AI'I^I  (Kapnov  dinn),  a  civil  action  un 
der  the  jurisdiction  of  the  thesmothetoe,  might  be 
instituted  against  a  farmer  for  default  in  payment 
of  rent.8  It  was  also  adopted  to  enforce  a  judicial 
award  when  the  unsuccessful  litigant  refused  to  sur- 
render the  land  to  his  opponent,9  and  might  be  used 
to  determine  the  right  to  land,10  as  the  judgment 
would  determine  whether  the  plaintiff  could  claim 
rent  of  the  defendai  t. 


1.  (Suet.,  Calig.,  15.)— 2.  (Floras,  i.,  18  ;  iii.,  2,  3,  and  10.)— 
3.  (Cses.,  Bell.  GaH.,  i.,  24,  26.)— 4.  (Veget.,  Mulumed.,  iii., 
Praef.)— 5.  (Pallad.,  x.,  1.)— 6.  (Paul.  Mgin.,vii.,  3.— Adams, 
Append.,  s.  v.)— 7.  (P)in.,  II.  N.,  xvi.,  15,  18,  40.— Compare 
Vitruv.,  ii.,  9.)— 8.  (Meier,  Att.  Process.  531.)— 9.  (limit- 
walcker,  144.— Meier.  Att  Process,  750.)— 10.  (Ilarpocrat.,  s.  » 
and  Oucias  <5/vn.) 

217 


CARTA  IIS. 


CASTANEA. 


CARR'AGO,  a  kind  of  fortification,  consisting 
of  a  great  number  of  wagons  placed  round  an 
army.  It  was  employed  by  barbarous  nations,  as, 
for  instance,  tbe  Scythians,1  Gauls  (vid.  Carpen- 
tum), and  Goths.3 

Carrago  also  signifies  sometimes  the  baggage  of 
an  army.3 

CARRU'CA  was  a  carriage,  the  name  of  which 
only  occurs  under  the  emperors.  It  appears  to  have 
been  a  species  of  rheda  (vid.  Rheda),  whence  Mar- 
tial, in  one  epigram,*  uses  the  words  as  synony- 
mous. It  had  lour  wheels,  and  was  used  in  trav- 
elling. Nero  is  said  never  to  have  travelled  with 
less  than  iOOO  carrucae.5  These  carriages  were 
sometimes  used  in  Rome  by  persons  of  distinction, 
Jke  the  carpenta  (vid.  Carpentum),  in  which  case 
they  appear  to  have  been  covered  with  plates  of 
bronze,  silver,  and  even  gold,  which  were  some- 
times ornamented  with  embossed  work.  Alexander 
Severus  allowed  senators  at  Rome  to  use  carrucae 
and  rhedae  plated  with  silver  ;c  ana  Martial7  speaks 
of  an  aurea  carruca  which  cost  the  value  of  a  farm. 
We  have  no  representations  of  carriages  in  ancient 
works  of  art  which  can  be  safely  said  to  be  carru- 
cae, but  we  have  several  delineations  of  carriages 
ornamented  with  piates  of  metal.8  Carrucae  were 
also  used  for  carrying  women,  and  were  then,  as 
well,  perhaps,  as  in  other  cases,  drawn  by  mules,9 
whence  Ulpian10  speaks  of  mulcB  carrucaria. 

CARRUS.     (Vid.  Carpentum.) 

CAR'YA  or  CARYATIS  (Kapva  or  Kapvarig), 
a  festival  held  at  Caryae,  in  Laconia,  in  honour 
of  Artemis  Caryatis.11  It  was  celebrated  every 
year  by  Lacedaemonian  maidens  (Kapvarideg)  with 
national  dances  of  a  very  lively  kind,"  and  with  sol- 
emn hymns. 

CARYATIS  (Kapvartg),  pi.  CARYATIDES. 
From  the  notices  and  testimonies  of  ancient  au- 
thors, we  may  gather  the  following  account :  That 
Caryae  was  a  city  (civitas)  in  Arcadia,  near  the  La- 
conian  border ;  that  its  inhabitants  joined  the  Per- 
sians after  the  battle  of  Thermopylae  ;13  that  on  the 
defeat  of  the  Persians  the  allied  Greeks  destroyed 
the  town,  slew  the  men,  and  led  the  women  into 
captivity  ;  and  that,  as  male  figures  representing 
Persians  were  afterward  employed  with  an  histori- 
cal reference  instead  of  columns  in  architecture 
(vid.  Atlantes,  Pers^e),  so  Praxiteles  and  other 
Athenian  artists  employed  female  figures  for  the 
same  purpose,  intending  them  to  express  the  garb, 
and  to  commemorate  the  disgrace  of  the  Caryatides, 
or  women  of  Caryae.1*  This  account  is  illustrated 
by  a  bas-relief  with  a  Greek  inscription,  mentioning 
the  conquest  of  the  Caryatae,  which  is  preserved  at 
Naples,  and  copied  in  the  following  woodcut. 

In  allusion  to  the  uplifted  arm  of  these  marble 
statues,  a  celebrated  parasite,  when  he  was  visiting 
in  a  ruinous  house,  observed,  "  Here  we  must  dine 
with  our  left  hand  placed  under  the  roof,  like  Ca- 
ryatides." (Vid.  Carpentum.)  The  Caryatides 
executed  by  Diogenes  of  Athens,  and  placed  in  the 
Pantheon  at  Rome,  above  the  sixteen  columns  which 
suiTOunded  the  interior,  may  have  resembled  those 
which  are  represented  in  a  similar  position  in  one 
of  the  paintings  on  the  walls  of  the  baths  of  Titus.15 
It  is  proper  to  observe  that  Lessing,  and  various 

1.  (Trebell.  Poll.,  Gallien.,  13.)— 2.  (Amm.  Marcell.,  xxxi.,  20. 
-Compare  Veget.,  iii.,  10.)— 3.  (Trebell.  Poll.,  Claud.,  8  — Vo- 
p'.»c.,  Aurelian,  11.) — 4.  (iii.,  47.)— 5.  (Suet.,  Ner.,  30.)— 6. 
(Lamp.,  Alex.  Sev.,  43.)— 7.  (iii.,  72.)— 8.  (See  Ingharami,  Mo- 
irum.  Etrusch.,  iii.,  18,  23.— Millingen,  Uned.  Mon.,ii.,  14.) — 9. 
(Dig.  34,  tit.  2,  s.  13.)  — 10.  (Dig.  21,  tit.  1,  s.  36,  $  8.)  — 11. 
(Hesych.,  s.  v.  Kapvai.) — 12.  (Pans.,  iii.,  10,  $  8;  iv.,  16,  $  5. — 
Pollux,  Onom.,  iv.,  104.) — 13.  (Herod.,  viii.,  26. — Vitruv.,  i.,  1, 
5.)— 14.  (Vitruv.,  1.  c.  —  Plin.,  H.  N.,  xxxvi.,  45  and  11.)  —  15. 
(Dear,  des  Bains  de  Titus,  pi.  10.  —  Wolf  and  Buttmann's  Mu- 
slim*. I  ,  tab.  3,  fig.  5.) 
218 


writers  after  him,  treat  the  preceding  account  aa 
fabulous. 


After  the  subjugation  of  the  Caryatae,  their  terri 
tory  became  part  of  Laconia.  Tbe  fortress  (xu- 
piov1)  had  been  consecrated  to  Artemis,3  wrhose 
image  was  in  the  open  air,  and  at  whose  annual 
festival  (Kapvarig  eoprij*)  the  Laconian  virgins  con- 
tinued, as  before,  to  perform  a  dance  of  a  peculiar 
kind,  the  execution  of  which  was  called  Kapvarifriv. 
Blomfield  thinks  that  the  Caryatides  in  architecture 
were  so  called  from  these  figures  resembling  the 
statue  of  "Apreuig  Kapvarig,  or  the  Laconian  virgins 
who  celebrated  their  annual  dance  in  her  temple.* 

*CAR'YON  (ndpvov),  the  Walnut.  "  By  itself," 
observes  Adams,  "  the  ndpvov  is  undoubtedly  to  be 
generally  taken  for  the  Juglans  regia,  or  common 
Walnut.  I  am  farther  disposed  to  agree  with  Stack- 
house  in  holding  the  Kapva  V.v6o'iku,  Ucpcnua,  and 
Bao  tinea  as  mere  varieties  of  the  same.  The  ku- 
pvov  Hovtikov  or  "keirro-Kapvov,  of  Dioscorides  an<^ 
Galen,  is  as  certainly  the  Nux  Avellana,  or  Filbert 
being  the  fruit  of  the  Corylus  Avellana,  or  Hazel 
nut."5     (Vid.  Avellana  Nuces.) 

*CARIOPHYLL'ON  (KapvotyvXkov),  Cloves,  o 
the  flower-buds  of  the  Cariophyllus  aromaticus  (Eu 
genia  Caryophyllata  of  the  London  Dispensary) 
They  are  first  noticed  by  Paul  of  ^Egina.6  Symeoi 
Seth7  likewise  gives  a  short  account  of  cloves.  Then 
is  no  mention  of  the  clove  in  the  works  of  Dioscori- 
des, Galen,  Oribasius,  or  Aetius,  but  it  is  regularly 
noticed  in  the  Materia  Medica  of  all  the  Arabian 
physicians.8 

*CASIA  or  CASSIA  (Kaala,  icaac'ia9),  Cassia. 
Moses  Charras  says  of  it,  "  The  tree  called  Cassia 
is  almost  like  that  which  bears  the  Cinnamon. 
These  two  barks,  though  borne  by  different  trees, 
are  boiled  and  dried  after  the  same  manner,  and 
their  taste  and  scent  are  almost  alike."  "  I  can 
see  no  difficulty,"  observes  Adams,  "  about  recog- 
nising it  as  the  Lauras  Cassia.'''  Stackhouse,  how- 
ever, prefers  the  Laurus  gracilis,  but  upon  what  au- 
thority he  does  not  explain.  The  Kacaia  avpiyZ  and 
^vkoKacia  are  thus  explained  by  Alston  :  "  The 
Cassia  lignea  of  the  ancients  was  the  larger  branch- 
es of  the  cinnamon-tree  cut  off  with  their  bark,  and 
sent  together  to  the  druggists  ;  their  Cassia  fistula, 
or  Syrinx,  was  the  same  cinnamon  in  the  bark  oi>.y, 
as  we  now  have  it  stripped  from  the  tree,  and  roll- 
ed up  into  a  kind  of  Fistula,  or  pipes."  The  Greeks 
then  wxere  unacquainted  with  ou*r  Cassia  fistula, 
which  was  first  introduced  into  medical  practice  by 
the  Arabians.10 

*CASSIT'EROS.     (Vid.  Plumbum.) 

*CASTA'NEA  (naoravia,  Kacrrdvia,  or  Kdarmn], 
the  Chestnut-tree,  or  Fagus  Castanea,  L.  Its  fruit 
was  called  by  the  Latin  writers  Castanea  nux,  and 

1.  (Steph.  Bvz.) — 2.  (Diana  Caryatis. — Serv.  inVirg.,  Eclog., 
viii.,  30.)— 3.  ("Hesych.) — 4.  (Mus.  Crit.,  vol.  ii.,p.  402.— Paus., 
iii.,  10,  8  ;  iv.,  16,  5. — Lucian,  De  Salt. — Plutarch,  Artax.) — 5. 
(Theophr.,  iii.,  2. — Dioscor.,  i.,  178.  -Adams,  Append.,  s.v.) — 6. 
(vii.,  3.)  — 7.  (De  Aliment.) — 8.  (Adams,  Append.,  s.  v.) — 9 
(Theophr.,  H.  P.,  ix.,  4.— Dioscor.  i.,  12.)— 10.  (Serapion,  Fa!  . 
exxii. — Adams,  Append.,  s.  v.} 


CASTELLUM  AQLLE 


CASTELLUM  AQU^E 


Aiso  simply  Castanea.  Among  the  Greeks,  on  Uit 
other  hand,  chestnuts  had  various  names.  They 
are  called  Aidg  (3dXavoi  by  Theophrastus  ;l  Zapdia- 
vai  BukavoL  by  Dioscorides  and  Galen  ;  \6iti\ia  ku- 
pva  by  Nicander  ;3  and  nupva  simply  by  Xenophon,3 
who  mentions  that  the  nation  of  the  Mosynceci 
lived  entirely  on  them.*  The  Chestnut-tree  is  gen- 
erally considered  to  be  a  native  of  Asia,  in  many 
parts  of  which  it  is  to  be  found  in  situations  where 
it  is  not  very  likely  to  have  been  planted.  Tradi- 
tion says  that  it  was  brought  from  Asia  Minor,  and 
soon  spread  over  all  the  warmer  parts  of  Europe. 
In  the  southern  parts  of  the  latter  continent,  chest- 
nuts grow  so  abundantly  as  to  form  a  very  large 
portion  of  the  food  of  the  common  people,  who,  be- 
sides eating  them  both  raw  and  roasted,  form  them 
into  puddings,  and  cakes,  and  even  bread.5  The 
name  Castanea  is  derived  by  Vossius  from  that  of 
the  town  of  Castanaea  in  Thessaly,  where  this  tree 
grew  very  abundantly.  This  etymology,  however, 
is  more  than  doubtful. 

CASSIA  LEX.     (Vid.  Tabellaria.) 

CASSIS.     (Vid.  Galea,  Rete.) 

CASTELLUM  AQILE,  a  reservoir,  or  building 
constructed  at  the  termination  of  an  aquaeduct,  when 
it  reached  the  city  walls,6  for  the  purpose  of  form- 
ing a  head  of  water,  so  that  its  measure  might  be 
taken,  and  thence  distributed  through  the  city  in  the 
allotted  quantities.  The  more  ancient  name  in  use, 
when  the  aquaeducts  were  first  constructed,  was 
dividiculum.7 

The  castclla  were  of  three  kinds,  public,  private, 
and  domestic. 

I.  Castella  Publica.  Those  which  received 
the  waters  from  a  public  duct  to  be  distributed 
through  the  city  for  public  purposes  :  1.  Castra,  the 
praetorian  camps.  2.  The  fountains  and  pools  in 
the  city  (lacus).  3.  Munera,  under  which  head  are 
comprised  the  places  where  the  public  shows  and 
spectacles  were  given,  such  as  the  circus,  amphi- 
theatres, naumachiae,  &c.  4.  Opera  publica,  under 
which  were  comprised  the  baths,  and  the  service  of 
certain  trades — the  fullers,  dyers,  and  tanners — 
which,  though  conducted  by  private  individuals, 
were  looked  upon  as  public  works,  being  necessary 
to  the  comforts  and  wants  of  the  whole  community. 
5.  Nomine  Casaris,  which  were  certain  irregular 
distributions  for  particular  places,  made  by  order  of 
the  emperors.  6.  Benejicia  Principis,  extraordinary 
grants  to  private  individuals  by  favour  of  the  sover- 
eign. Compare  Frontinus,  §  3,  78,  in  which  the 
respective  quantities  distributed  under  each  of  these 
denominations  are  enumerated. 

II.  Castella  Privata.  When  a  number  of  in- 
dividuals, living  in  the  same  neighbourhood,  had 
obtained  a  grant  of  water,  they  clubbed  together 
and  built  a  castellvm*  into  which  the  whole  quan- 
tity allotted  to  them  collectively  was  transmitted 
from  the  castellum  'publicum.  These  were  termed 
-privata,  though  they  belonged  to  the  public,  and 
were  under  the  care  of  the  curatores  aquarum. 
Their  object  was  to  facilitate  the  distribution  of  the 
proper  quantity  to  each  person,  and  to  avoid  punc- 
turing the  main  pipe  in  too  many  places  ;9  for  when 
a  supply  of  water  from  the  aquaeducts  was  first 
granted  for  private  uses,  each  person  obtained  his 
quantum  by  inserting  a  branch  pipe,  as  we  do,  into 
the  main ;  which  was  probably  the  custom  in  the 
age  of  Vitruvius,  as  he  makes  no  mention  of  private 
reservoirs.  Indeed,  in  early  times,10  all  the  water 
brought  to  Rome  by  the  aquaeducts  was  applied  to 

1.  (H.  P.,  iii.,  8.)— 2.  (Ap.  Athen.,  ii.,  43.)— 3.  (Anab  ,  v  ,  4, 
18.)  —4.  (Adams,  Append.,  s.  v.)  —5.  (Library  of  Eat.  Knowl- 
edge, vol.  ii.,  pt.  1,  p.  92.)— 6.  (Vitruv.,  viii.,  7.)— 7.  (Festus,  s. 
v  x~8.  (Senatus  consult.,  ap.  Frontin.,  y  106.)— 9.  (Frontin.,  v 
27.)— 10.  (Front.,  v  94) 


public  purposes  exclusively,  it  being  forbidden  mi 
the  citizens  to  divert  any  portion  of  it  to  their  own 
use,  except  such  as  escaped  by  flaws  in  the  ducts 
or  pipes,  which  was  termed  aqua  caducgJ1  But  as 
even  this  permission  opened  a  door  for  great  abuses 
from  the  fraudulent  conduct  of  the  aquarii,  who 
damaged  the  ducts  for  the  purpose  of  selling  the 
aqua,  caduca,  a  remedy  was  sought  by  the  institution 
of  castella  privata,  and  the  public  were  henceforward 
forbidden  to  collect  the  aqua  caduca,  unless  permis- 
sion was  given  by  special  favour  (bcncficium)  of  the 
emperor.3  The  right  of  water  (jus  aqua  impctratce) 
did  not  follow  the  heir  or  purchaser  of  the  property, 
but  was  renewed  by  grant  upon  every  change  in 
the  possession.3 

III.  Castella  Domestica,  leaden  cisterns,  which 
each  person  had  at  his  own  house  to  receive  the 
water  laid  on  from  the  castellum  privatum.  These 
were,  of  course,  private  property. 

The  number  of  public  and  private  castella  in  Rome 
at  the  time  of  Nerva  was  247.* 

All  the  water  which  entered  the  castellum  was 
measured,  at  its  ingress  and  egress,  by  the  size  of 
the  tube  through  which  it  passed.  The  former  was 
called  modulus  acceptorius,  the  latter  erogatorius. 
To  distribute  the  water  was  termed  erogare;  the 
distribution,  erogatio ;  the  size  of  the  tube,  fistula- 
rum,  or  modulorum  capacitas,  or  lumen.  The  small- 
er pipes,  which  led  from  the  main  to  the  houses  of 
private  persons,  were  called  punctce ;  those  inserted 
by  fraud  into  the  duct  itself,  or  into  the  main  after 
it  had  left  the  castellum,  fistula  illicitae. 

The  erogatio  was  regulated  by  a  tube  called  ic\.l. 
of  the  diameter  required,  attached  to  the  extremity 
of  each  pipe  where  it  entered  the  castellum ;  it 
was  probably  of  lead  in  the  time  of  Vitruvius,  sik  h 
only  being  mentioned  by  him  ;  but  was  made  of 
bronze  (ceneus)  when  Frontinus  wrote,  in  order  ta 
check  the  roguery  of  the  aquarii,  who  were  able  to 
increase  or  diminish  the  flow  of  water  from  the 
reservoir  by  compressing  or  extending  the  lead. 
Pipes  which  did  not  require  any  calix  were  termed 
soluta. 

The  subjoined  plans  and  elevation  represent  a 
ruin  still  remaining  at  Rome,  commonly  called  the 
"Trophies  of  Marius,"  which  is  generally  consid- 
ered to  have  been  the  castellum  of  an  aquaeduct 
It  is  now  much  dilapidated,  but  was  sufficiently  en- 
tire about  the  middle  of  the  sixteenth  century,  as 
may  be  seen  by  the  drawing  published  by  Gamucci,5 
from  which  this  restoration  is  made.    The  trophies, 


then  remaining  in  their  places,  from  which  the 
monument  derives  its  modern  appellation,  are  now 
placed  on  the  Capitol.    The  ground-plans  are  given 

1.  (Front.,  v  94.)— 2.  (Front.,  6  111.)— 3.  (Front.,  v  107  ) 
(Front.,  v  78.)— 5.  (Antichita  di  Romti.  in.,  p.  100.) 

219 


CASTRA. 


CASTRA. 


from  an  excavation  made  some  years  since  by  the 
students  of  the  French  Academy  ;  they  explain 
^art  of  the  internal  construction,  and  show  the  ar- 
*  angement  adopted  for  disposing  of  the  superfluous 
water  of  an  aquaeduct,1  and  how  works  of  this  na- 
ture were  made  to  contribute  to  the  embellishment 
and  comforts  of  the  city.  The  general  stream  of 
water  is  first  divided  by  the  round  projecting  but- 
tress into  two  courses,  which  subdivide  themselves 
into  five  minor  streams,  and  finally  fall  into  a  res- 
ervoir in  the  manner  directed  by  Vitruvius,*  "  im- 
missarium  ad  recipiendum  aquam  castello  conjunc- 
tum."  Thus  the  structure  affords  also  an  example 
of  that  class  of  fountains  designated  by  the  Ro- 
mans emissaria. 

*CASTOR  (ndcTop),  the  Beaver,  or  Castor  Fiber. 
It  is  also  called  kvuv  ttotu.juio^.  The  woTopoe.  opxic, 
or  naoTopiov,  is  Castor,  but  this  substance  is  not 
the  testicles  of  the  animal,  as  was  generally  sup- 
posed by  the  ancients,  but  a  peculiar  gland,  placed 
in  the  groin  of  the  beaver  of  both  sexes.  The  an- 
cients had  a  story  prevalent  among  them,  that  the 
Beaver,  when  closely  pursued,  bit  off  its  testicles, 
and,  leaving  these  to  the  hunters,  managed  in  this 
way  to  escape.3 

*CASTOR'EUM.     (Vid.  Castor.) 

CASTRA.  The  system  of  encampment  among 
the  Romans,  during  the  later  ages  of  the  Republic, 
was  one  of  singular  regularity  and  order  ;  but  any 
attempt  to  trace  accurately  the  steps  by  which  it 
reached  this  excellence,  would  be  an  unprofitable 
task,  in  which  we  shall  not  engage.  We  may,  how- 
ever, observe,  that  in  the  earlier  wars  of  Rome  with 
the  neighbouring  petty  states,  the  want  of  a  regular 
camp  would  seldom  be  felt,  and  that  the  later  form 
of  encampment,  which  was  based  upon  the  consti- 
tution of  the  legion,  would  not  have  been  applicable 
to  the  R,oman  army  under  the  kings  and  in  the  first 
ages  of  the  Republic,  when  it  was  arranged  as  a 
phalanx.  We  read,  indeed,  of  stativa  castra,  or  sta- 
tionary camps,  in  the  wars  with  the  JEqui  and  Vol- 
sci,  and  of  winter-quarters  being  constructed  for 
the  first  time  at  the  siege  of  Veii  (B.C.  404-395*;, 
and  it  is  not  improbable  that  the  great  Samnite  war 
(B.C.  343-290)  led  to  some  regular  system  of  en- 
campment. This  was  followed  by  the  campaigns 
against  Pyrrhus  (B.C.  280-275),  whose  superior 
tactics  and  arrangement  of  his  forces  were  not  like- 
ly to  be  lost  upon  the  Romans.  The  epoch  of  the 
first  Punic  war  (B.C.  264-241),  in  which  Rome  had 
to  contend  against  various  mercenary  forces,  was 
succeeded  by  the  long  struggle  against  the  Cisal- 
pine Gauls,  and  in  both  these  contests  the  Romans 
found  ample  opportunities  for  improving  themselves 
in  the  art  of  war.  The  second  Punic  war  followed 
(B.C.  218-201),  in  which  Hannibal  was  their  ad- 
versary and  teacher.  After  its  conclusion,  their 
military  operations  were  no  longer  confined  to  Italy, 
but  directed  against  more  distant  enemies,  the  Ma- 
cedonian and  Syrian  kings  (B.C.  200-192).  These, 
of  course,  required  a  longer  absence  from  home,  and 
often  exposed  them  to  enemies  of  superior  forces, 
so  that  it  became  necessary  to  protect  themselves, 
both  in  the  field  and  in  the  camp,  by  superiority  in 
discipline  and  skill.  Shortly  after  these  times  flour- 
ished Folybius,  the  historian  of  Megalopolis  (a  friend 
and  companion  of  Scipio  Africanus  the  younger), 
who  expresses  his  admiration  of  the  Roman  system 
of  encampment,  and  tells  his  readers  that  it  is  well 
worthy  of  their  attention  and  study.5  His  descrip- 
tion of  the  Roman  camp  of  his  day  is  remarkably 
clear  ;  we  proceed  to  give  it  with  the  accompany- 
ing plan. 

1.  (Compare  Plin.,  II.  N.,  xxxvi.,24,  3.)— 2.  (viii.,  7.)— 3.  (Ar- 
lstot.,  II.  A.,  viii.,  7. — Adams,  Append.,  s.  v.  kvmv  irordnios.) — 
1.  (Liv.,  iii.,  2  ;  v.,  2.)— 5.  (Hist.,  vi.,  24,  ed.  Gron.) 
220 


A,  praetorium.  B,  tents  of  the  tribunes.  C>  tents 
of  the  praefecti  sociorum.  D,  street  100 'feet  wide. 
E,  F,  G,  and  H,  streets  50  feet  wide.  L,  select 
foot  and  volunteers.  K,  select  horse  and  volun- 
teers. M,  extraordinary  horse  of  the  allies.  N, 
extraordinary  foot  of  the  allies.  O,  reserved  foi 
occasional  auxiliaries.  Q,  the  street  called  Quin- 
iana,  50  feet  wide.  V.,  P.,  Via  Principalis,  100  feet 
wide. 

N.B.  The  position  assigned  to  the  praefecti  soci- 
orum is  doubtful. 

The  duty  of  selecting  a  proper  situation  for  the 
camp  (castra  metari)  devolved  upon  one  of  the  trib- 
unes and  a  number  of  centurions  who  were  speci- 
ally appointed  for  that  purpose,  and  sent  in  advance 
whenever  the  army  was  about  to  encamp ;  they 
were  called  metatores,  from  their  office.  After  fix- 
ing on  a  proper  locality,  they  then  chose  and  dis- 
tinguished with  a  white  flag  a  place  for  the  praetori- 
um (A)  or  general's  tent  —  praetor  being  the  old 
name  of  the  consul.1  This  was  fixed,  if  possible, 
on  an  elevation,  so  as  to  secure  an  extensive  pros 
pect,  and  afford  every  convenience  for  giving  orders. 
About  it  was  measured  out  a  square,  each  side  of 
which  was  100  feet  distant  from  the  white  flag,  and 
therefore  200  feet  in  length,  so  that  the  whole  area 
amounted  to  four  plethra,  or  40,000  square  feet. 
(Vid.  Arura.)  The  two  legions  of  the  consular 
army  were  arranged  on  that  side  of  the  praetorium 
which  commanded  the  best  supply  of  forage  and 
water,  and  which  we  may  call  the  front,  in  the 
following  manner : 

Fifty  feet  distant  from  the  line  of  the  front  side 
of  the  square  just  mentioned,  and  parallel  to  it,  were 
arranged  the  tents  (B)  of  the  twelve  tribunes  of  the 
two  legions.  The  intermediate  space  of  fifty  feet 
in  breadth  was  appropriated  to  their  horses  and 
baggage ;  and  their  tents  were  arranged  at  such  in- 
tervals one  from  the  other  as  to  cover  the  line  of 
the  legions  whose  encampment  they  faced.  On  the 
right  and  left  of,  and  in  the  same  line  with  the  tents 
of  the  tribunes,  seem  to  have  been  placed  those  of 
the  praefecti  sociorum  (C),  covering  and  fronting 
the  flank  of  the  allies,  as  the  former  did  that  of  the 
legions.  The  spaces  lying  immediately  behind  the 
tents  of  the  tribunes,  to  the  right  and  left  of  the 
praetorium,  were  occupied  by  the  forum  and  quaes- 
torium ;  the  former  a  sort  of  market-place,  the  lat- 
ter appropriated  to  the  quaestor  and  the  camp  stores 
under  his  superintendence. 

On  the  sides  of,  and  facing  the  forum  and  quaesto- 
riUm,  were  stationed  select  bodies  of  horse  (K), 
taken  from  the  extraordinaries  (kirLXenToc  rtiv  uizo- 
Xsktuv,)  with  mounted  volunteers,  who  served  out 
of  respect  to  the  consul,  and  were  stationed  near 
him,  not  only  in  the  camp,  but  also  on  the  line  of 
march  and  elsewhere,  so  that  they  were  always 
ready  to  do  any  service  for  him  as  well  as  the 
quaestor. 

Behind,  and  parallel  to  these,  but  facing  the  sides 
of  the  camp,  were  posted  similar  bodies  of  foot-sol- 
diers (L).  Again,  parallel  with  the  line  of  the 
tribunes'  tents,  and  stretching  behind  the  praetorium, 
the  quaestorium,  and  the  forum,  ran  a  street  or  via 
(D),  100  feet  broad,  from  one  side  of  the  camp  to 
the  other.  Along  the  upper  side  of  this  street  was 
ranged  the  main  body  of  the  "extraordinary"  horse 
(M),  parallel  to  and  fronting  the  line  of  the  tribunes' 
tents  :  they  were  separated  into  two  equal  parts  by 
a  street  fifty  feet  broad  (E),  perpendicular  to  their 
front,  and  leading  from  the  praetorium  to  the  higher 
or  back  gate  of  the  camp,  the  Porta  Decumana.  At 
the  back  of  this  body  of  cavalry  was  posted  a  simi- 
lar body  of  infantry  (N),  selected  from  the  allies, 
and  facing  the  opposite  way,  i.  c,  towards  the  ram- 

1    (Niebuhr,  Hist.  Rom.,  i  .  520,  trans*  J 


CASTRA 


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PORTA   PRETORIA 


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PORTA    ISCUMAHA. 


part..  v>!  hie  camp.  The  vacant  spaces  (O)  on  each 
side  ofiiuBJC  troops  were  reserved  for  "  foreigners" 
(aXXopvXot)  and  occasional  auxiliaries. 

The  upper  part  of  the  camp,  which  we  have  just 
described,  formed  about  a  third  of  the  whole,  the 
remaining  two  thirds  being  appropriated  to  the 
main  body  of  the  forces,  both  legionary  and  allied, 
whose  arrangement  we  now  proceed  to  explain. 
The  lower  part  of  the  camp  was  divided  from  the 
upper  by  a  street,  called  the  Via  Principalis  (V.  P.), 
]  00  feet  broad,  running  parallel  to  and  in  front  of 
the  tribunes'  tents  :  this  was  cut  at  right  angles  by 
another  road  (F),  50  feet  broad,  parallel  to  the  length 
of  the  camp,  and  dividing  the  lower  part  into  two 
equal  spaces.  On  each  side  of  this  street  (F)  were 
ranged  the  horse  of  the  two  legions,  the  ten  turmae 
of  each  being  on  different  sides,  and  facing  each 
other :  the  turma  consisted  of  30  men,  and  occu- 
pied a  square  whose  side  was  100  feet  long.  At 
the  back  of  these  turmae,  and  facing  the  contrary 
way,  namely,  towards  the  sides  of  the  camp,  stood 
the  triarii,  each  maniple  corresponding  to.  a  turma, 
and  occupying  a  rectangle  100  feet  in  length  by  50 
in  width.  These  dimensions  would,  of  course,  vary 
according  to  the  component  parts  of  the  legion. 
Opposite  to  the  two  lines  of  triarii,  but  separated 
from  them  by  a  wide  street  (G),  also  50  feet  wide, 
stood  the  principes  ;  they  were  double  the  triarii  in 
number,  and  had  a  square,  whose  side  was  100  feet, 
appropriated  to  each  maniple.  Behind  these  again, 
and  in  close  contact  with  them,  stood  the  ten  mani- 
ples of  the  hastati,  with  their  backs  turned  the  op- 
posite way,  having  the  same  space  for  each  maniple 
as  the  principes      As  the  whole  legion  was  divi- 


ded into  thirty  maniples  of  foot,  ten  of  each  class, 
the  whole  arrangement  was  therefore  perfect)  > 
symmetrical,  the  fifty-feet  roads  of  which  we  have 
spoken  commencing  from  the  Via  Principalis,  and 
terminating  in  the  open  space  by  the  ramparts. 
The  whole  legionary  army  thus  formed  a  square, 
on  each  side  of  which  were  encamped  the  allies  at 
a  distance  of  50  feet  from  the  hastati,  and  present- 
ing a  front  parallel  to  theirs.  The  allied  infantry 
was  equal  in  number  to  that  of  the  legions,  the  cav- 
alry twice  as  great :  a  portion  of  each  (a  third  part 
of  the  latter  and  about  a  fifth  of  the  former)  wa& 
posted  as  "  extraordinaries"  in  the  upper  part  of  the 
camp  ;  so  that,  to  make  the  line  of  the  allies  coter- 
minous with  that  of  the  legion,  it  was  necessary  to 
give  the  former  a  greater  depth  of  encampment. 
The  cavalry  of  the  allies  faced  the  hastati,  and  the 
infantry  at  their  back  fronted  the  ramparts.  The 
several  front  lines  of  the  legionaries  and  allies  were 
bisected  by  a  road  parallel  to  the  Via  Principalis, 
and  called  the  Quintana  (Q),  from  its  dividing  the 
ten  maniples  into  two  sets  of  five  each  :  it  was  5<) 
feet  in  breadth. 

Between  the  ramparts  and  the  tents  was  left  a 
vacant  space  of  200  feet  on  every  side,  which  was 
useful  for  many  purposes  :  thus  it  served  for  the  re- 
ception of  any  booty  that  was  taken,  and  facilitated 
the  entrance  and  exit  of  the  army.  Besides  this,  it 
was  a  security  against  firebrands  or  missiles  that 
might  be  thrown  into  the  camp,  as  it  placed  thp 
tents  and  the  soldiers  out  of  their  reach. 

From  the  description  we  have  given,  the  reader 
will  perceive  that  the  camp  was  a  square  in  form, 
divided  into  two  parts  by  the  Via  Principalis,  the 

221 


/AST11A. 


CASTRA. 


<ower  portion  being  cut  lengthways  by  five  streets, 
and  crossways  by  one  :  so  that,  as  Polybius  re- 
marks, the  whole  was  not  unlike  a  city,  with  rows 
>f  houses  on  each  side  of  the  streets. 

The  arrangements  we  have  explained  were  adapt- 
ed for  a  regular  consular  army ;  but  in  case  there 
was  a  greater  number  than  usual  of  allies,  they  had 
assigned  to  them  either  the  empty  space  about  the 
praetorium,  increased  by  uniting  the  forum  and 
quaestorium,  or  an  additional  row  of  tents  on  the 
sides  of  the  Roman  legions,  according  as  they  were 
fresh  comers,  or  had  been  in  the  camp  from  its  first 
formation.  If  four  legions  or  two  consular  armies 
were  united  and  enclosed  by  the  same  ramparts, 
their  two  camps  then  formed  an  oblong  rectangle, 
the  back  of  each  single  camp  being  turned  to  the 
other,  and  joined  at  the  parts  where  the  "  extraor- 
dinaries"  were  posted,  so  that  the  whole  perimeter 
was  three  halves  of,  and  the  length  twice  that  of, 
the  single  camp. 

The  camp  had  four  gates,  one  at  the  top  and 
bottom,  and  one  at  each  of  the  sides ;  the  top  or 
back  gate  (ab  tergo,  or  maxime  avers  a  ab  hoste1)  was 
called  the  Decuman  ;  the  bottom  or  the  front  gate 
was  the  Praetorian ;  the  gates  of  the  sides  were  the 
Porta  Principalis  Dextra  and  the  Porta  Principalis 
Sinistra.  The  whole  camp  was  surrounded  by  a 
trench  (fossa),  generally  nine  feet  deep  and  twelve 
broad,  and  a  rampart  (vallum)  made  of  the  earth 
that  was  thrown  up  (agger),  with  stakes  (valli)  fixed 
at  the  top  of  it.  The  labour  of  this  work  was  so 
divided  that  the  allies  completed  the  two  sides  of 
the  camp  along  which  they  were  stationed,  and  the 
two  Roman  legions  the  rest ;  the  centurions  and 
tribunes  superintended  the  work  performed  by  the 
Romans,  the  praefects  of  the  allies  seem  to  have 
done  the  same  for  them. 

We  will  now  speak  of  the  discipline  of  the  camp. 
After  choosing  the  ground  (loca  capere),  the  proper 
officers  marked,  by  flags  and  other  signals,  the 
principal  points  and  quarters ;  so  that,  as  Polybius 
observes,  the  soldiers,  on  arriving  at  the  place,  pro- 
ceeded to  their  respective  stations  like  troops  en- 
tering a  well-known  city,  and  passing  through  the 
streets  to  their  several  quarters.  The  tribunes  then 
met,  and  administered  to  all,  freemen  as  well  as 
slaves,  an  oath  to  the  effect  "  that  they  would  steal 
nothing  from  the  camp,  and  bring  whatever  they 
might  find  to  the  tribunes."  After  this,  two  mani- 
ples were  chosen  from  the  principes  and  hastati  of 
each  legion,  to  keep  clean  and  in  good  order  the 
Via  Principalis,  a  place  of  general  resort.  The  re- 
maining eighteen  maniples  of  the  principes  and  has- 
tati were  assigned  by  lot,  three  to  each  of  the  six 
tribunes,  and  had  to  perform  for  them  certain  du- 
ties, such  as  raising  their  tents,  levelling  and  paving 
the  ground  about  them,  and  fencing  in  their  bag- 
gage when  necessary.  These  three  maniples  also 
supplied  two  regular  guards  of  four  men  each,  part 
of  whom  were  posted  in  front  of  the  tribunes'  tents, 
part  at  the  back  by  the  horses.  The  triarii  and 
velites  were  exempt  from  this  duty ;  but  each  mani- 
ple of  the  former  had  to  supply  a  guard  of  men  to 
the  turma  of  horse  that  was  at  their  back ;  their 
chief  duty  was  to  look  after  the  horses,  though  they 
also  attended  to  other  things.  Moreover,  each  of 
the  thirty  maniples  of  foot  kept  guard  in  turn  about 
the  consul,  both  as  a  protection  and  a  guard  of  hon- 
our. The  general  arrangements  of  the  camp  were 
under  the  direction  of  two  of  the  tribunes,  who 
were  appointed  by  lot  from  each  legion,  and  acted 
for  two  months.  The  praefects  of  the  allies  took 
their  turn  of  authority  in  the  same  way,  but,  in  all 
probability,  over  their  own  troops  only. 


222 


1.  (Veget.,  i.,  23.) 


We  may  now  observe,  that  every  morning  at 
daybreak  the  centurions  and  horsemen  presentee 
themselves  to  the  tribunes.  The  latter  then  went 
to  the  consul  and  received  his  orders,  which  were 
conveyed  through  the  former  to  the  soldiers.  The 
watchword  for  the  night,  marked  on  a  four-corner- 
ed piece  of  wood,  and  therefore  called  tessera,  was 
given  out  in  the  following  way :  A  soldier  in  every 
tenth  maniple,  posted  farthest  off  from  the  tribune's 
tent,  was  exempted  from  guard  duty,  and  presented 
himself  at  sunset  before  the  tribune,  from  whom  he 
received  the  tessera ;  he  returned  with  it  to  his  own 
tent,  and,  in  the  presence  of  witnesses,  gave  it  to 
the  centurion  of  number  nine  ;  it  was  passed  on  by 
him  to  the  centurion  of  number  eight,  and  so  on, 
till  it  came  back  to  the  tribune.  Besides  the  guards 
(excubia;)  of  the  tribunes,  &c,  which  we  have  al- 
ready mentioned,  there  were  also  several  night 
watches  (vigilice):  thus  there  were  generally  thret 
about  the  quaestorium,  and  two  for  each  of  the  lega 
ti ;  each  division  (rdy/Lta)  also  set  a  watch  for  itself. 
The  velites  were  stationed  by  the  walls  of  the  ram- 
part, and  supplied  the  posts  or  pickets  at  the  gates 
(stationes  ante  portas  agebant). 

We  will  now  describe  the  arrangements  for  the 
inspection  of  the  night-watches,  first  observing  that 
the  night  was  divided  into  four,  each  of  three  hours' 
length ;  the  arrangements  were  as  follows :  The 
soldiers  of  the  watch-companies,  supplied  by  the 
different  maniples  who  were  to  furnish  the  guards 
during  the  first  watch  of  the  night,  received  from 
the  tribune  a  number  of  small  tablets  (ijvM}<l>ia)  with 
certain  marks  upon  them,  and  then  went  to  their 
respective  posts.  The  duty  of  visiting  these  posts, 
and  making  the  nightly  rounds  of  inspection,  de- 
volved upon  the  horsemen.  Four  of  these,  who 
were  selected  for  this  duty  every  day,  according  to 
a  regular  cycle,  received  from  the  tribune  written 
instructions  as  to  the  time  when  they  were  to  visit 
each  post,  and  the  number  of  posts  to  be  visite i : 
they  were  called  circuitores  (TveptTroAoi),  and,  in  the 
time  of  Vegetius,  circitores.  After  receiving  their 
orders,  they  went  and  posted  themselves  by  the 
first  maniple  of  the  triarii,  the  centurion  of  which 
was  required  to  see  that  the  hours  of  the  watch 
were  properly  given  by  the  sound  of  the  trumpet : 
then,  when  the  time  came,  the  circuitor  of  the  first 
watch  proceeded  on  his  rounds  to  all  the  posts ;  il 
he  found  the  guards  awake  and  on  duty,  he  took 
their  tablets  ;  if  he  found  them  asleep,  or  any  one 
absent  from  his  post,  he  called  upon  the  frienda 
who  accompanied  him  to  witness  the  fact,  and  so 
passed  on  to  the  next  post.  The  same  was  done 
by  the  circuitores  of  the  other  watches.  The  next 
morning,  all  the  inspectors  appeared  uefore  the 
tribunes,  and  presented  the  tablets  they  had  re- 
ceived ;  any  guard  whose  tablet  was  not  produced, 
was  required  to  account  for  it.  If  the  fault  lay 
with  the  circuitor,  he  was  liable  to  a  stoning,  which 
was  generally  fatal.  A  regular  system  of  rewards 
and  punishments  was  established  in  the  camp,  after 
describing  which,  Polybius  gives  the  following  com- 
parison between  the  methods  of  encampment  among 
the  Romans  and  Greeks. 

The  latter,  he  says,  endeavoured  to  avail  them- 
selves of  the  natural  advantages  afforded  by  any 
ground  they  could  seize  upon,  thus  avoiding  the 
trouble  of  intrenchment,  and  securing,  as  they 
thought,  greater  safety  than  any  artificial  defence 
would  have  given  them.  The  consequence  of  this 
was,  that  they  had  no  regular  form  of  camp,  and 
the  different  divisions  of  an  army  had  no  fixed  place 
to  occupy. 

In  describing  the  Roman  camp  and  its  internal 
arrangements,  we  have  confined  ourselves  to  the  in- 
formation given  by  Polybius,  which,  of  course,  ap- 


CATALOGOS. 


CATAPIRATER. 


plies  only  to  his  age,  and  to  armies  constituted  like 
those  he  witnessed.  When  the  practice  of  drawing 
up  the  army  according  to  cohorts,  ascribed  to  Ma- 
rius  or  Caesar  {vid.  Army,  p.  104),  had  superseded 
the  ancient  division  into  maniples,  and  the  distinc- 
tion of  triarii,  &c,  the  internal  arrangements  of 
the  camp  must  have  been  changed  accordingly. 
So,  also,  was  the  outward  form  ;  for  we  learn  from 
Vegetius,  who  lived  in  the  reign  of  the  Emperor 
Valentinian  (A.D.  385),  that  camps  were  made 
square,  round,  or  triangular,  to  suit  the  nature  of 
the  ground,  and  that  the  most  approved  form  was 
the  oblong,  with  the  length  one  third  greater  than 
the  breadth.1  He  also  distinguishes  between  camps 
made  only  for  a  night  or  on  a  march,  and  those 
which  were  stativa,  or  built  strongly  for  a  station- 
ary encampment.  Another  author  also8  alludes  to 
places  in  the  camp  which  Polybius  does  not  men- 
tion, e.  g.,  the  valetudinarium,  or  infirmary  ;  the  vet- 
crinarium,  or  farriery ;  the  fabrica,  or  forge  ;3  the 
tabulinum,  or  record-office.  Besides  this,  we  read 
of  a  great  variety  of  troops  under  the  emperors 
which  did  not  exist  under  the  Republic,  and,  of 
course,  had  their  respective  stations  assigned  them 
in  the  camp. 

In  closing  this  article,  we  will  mention  some 
pokits,  a  previous  notice  of  which  would  have  in- 
terrupted the  order  of  description. 

We  learn  from  Tacitus*  that  a  part  of  the  praeto- 
lium  was  called  the  augurale,  the  auguries  being 
there  taken  by  the  general. 

The  quaestorium,  in  former  times,  seems  to  have 
been  near  the  back  gate,  or  Porta  Decumana,  hence 
called  quaestoria.5  The  same  author6  tells  us  that 
the  tribunes  formerly  inspected  {circumibant)  the 
night-watches.  In  the  principia,  or  its  immediate 
neighbourhood,  was  erected  the  tribunal  of  the  gen- 
eral, fiom  which  he  harangued  the  soldiers.7  The 
tribunes  administered  justice  there.8  The  princi- 
pal standards,  the  altars  of  the  gods,  and  the  ima- 
ges of  the  emperors,  were  also  placed  there.9 

From  the  stationary  camps,  or  castra  stativa, 
arose  many  towns  in  Europe  ;10  in  England,  espe- 
cially those  whose  names  end  in  cester  or  Chester. 
Some  of  the  most  perfect  of  those  which  can  be 
traced  in  the  present  day  are  at  Ardoch  and  Strat- 
hern,  in  Scotland.     Their  form  is  generally  oblong. 

The  castella  of  the  Romans  in  England  were 
places  of  very  great  strength,  built  for  fixed  stations. 
Burgh  Castle  in  Suffolk,  the  ancient  Garanomium, 
and  Richborough  Castle,  the  Rutupiae  of  the  Ro- 
mans, near  Sandwich  in  Kent,  are  still  standing ; 
they  seem  to  have  been  built  nearly  on  the  model 
of  the  castra.  For  information  on  the  Roman  sta- 
tions in  this  country,  the  reader  is  referred  to  Gen- 
eral Roy's  Military  Antiquities  in  Great  Britain. 

CATAGRAPHA.     {Vid.  Pictura.) 

CATALO'GIA.     {Vid.  Analogia.) 

CATALO'GION.     {Vid.  Caupona.) 

CATAITYX.     {Vid.  Galea.) 

CATA'LOGOS,  the  catalogue  of  those  persons  in 
Athens  who  were  liable  to  regular  military  service. 
At  Athens,  those  persons  a"lone  who  possessed  a 
certain  amount  of  property  were  allowed  to  serve 
in  the  regular  infantry,  while  the  lower  class,  the 
thetes,  had  not  this  privilege.  ( Vid.  Census.)  Thus 
the  former  are  called  ol  ek  naraXoyov  orparevovTEc, 
and  the  latter  ol  Ifw  tov  /caraAoyov.11  Those  who 
were  exempted  by  their  age  from  military  service 
are  called  by  Demosthenes13  ol  vrcep  tov  naTa\oyov. 
It  appears  to  have  been  the  duty  of  the  generals 

1.  (Veget.,  iii.,  8.)—  2.  (Hyginus,  De  Castramet.)— 3.  (Cic.,Ep. 
ad  Fam.,  iii.,  8.)— 4.  (Ann.,  ii.,  13;  xv.,  30.)— 5.  (Liv.,  x.,  32; 
xxxiv.,  47.)— 6.  (xzvifi.,  24.)— 7.  (Tacit.,  Ann.,  i.,  67.— Hist.,  ii., 
20.)— 8.  (Liv.,  xxviii.,  24.)— 9.  (Tacit.,  Ann.,  i.,  39  :  iv.,  2.— 
Hist.,  1.  c.)— 10.  (Casaub.  ad  Sueton.,  Octav.,  18.)— 11.  (Xen., 
Uellen.,  ii.  3,  20.)— 12.  (De  Synt.,  p.  1G7,  c.  2.) 


{oTparnyoi)  to  make  out  the  list  of  per&.ns  liable  to 
service  (vid.  A2TPATEIA2  TPA«i>H),  in  which  duty 
they  were  probably  assisted  by  the  demarchi,  and 
sometimes  by  the  (3ov?.evTai.1 

KATAAT'2Ei22  TOT  AHMOT  TPA<i>H  (Kara- 
?^vaeuc  tov  6^/iov  ypayf))  was  an  action  brought 
against  those  persons  who  had  altered,  or  attempt- 
ed to  alter,  the  democratical  form  of  government  at 
Athens.  A  person  was  also  liable  to  this  action 
who  held  any  public  office  in  the  state  after  the 
democracy  had  been  subverted.3  'This  action  is 
closely  connected  with  the  irpodoaiac  ypatyrj  {km 
npodoaia  Tf/c  ttoXeuc,  t/  km  KaraXvoei  tov  dij/xov3), 
with  which  it  appears  in  some  cases  to  have  been 
almost  identical.  The  form  of  proceeding  was  the 
same  in  both  cases,  namely,  by  elaayyeXia.  In  the 
case  of  KaTaXvoeuc  tov  dyfiov,  the  punishment  was 
death  ;  the  property  of  the  offender  was  confiscated 
to  the  state,  and  a  tenth  part  dedicated  to  Athena.4 

CATAL/USIS.     (Vid.  Caupona.) 

*CATANANKE  {KaTavdynn).  "  There  are  few 
plants  in  the  Materia  Medica  of  the  ancients,"  ob- 
serves Adams,  "  about  which  there  is  such  a  diver 
sity  of  opinion.  It  will  be  sufficient  to  mention 
that  Sprengel,  upon  the  whole,  inclines  to  the  opin- 
ion that  the  first  species  is  the  Ornithopus  com- 
pressus,  and  the  other  the  Astragalus  magniformis, 
Herit." 

CATAPHRACTA.     {Vid.  Lorica.) 

CATAPHRA'CTI  {tcaTafpatcTot.).  This  word  was 
used  in  two  different  significations  : 

I.  It  was  the  name  of  the  heavy-armed  cavalry, 
the  horses  of  which  were  also  covered  with  defen 
sive  armour,5  whence  they  are  called  by  Pollux8 
Trepnre<j>paypevoi.  The  armour  of  the  horses  con- 
sisted either  of  scale  armour,  or  of  plates  of  metal, 
which  had  different  names,  according  to  the  parts 
of  the  body  which  they  protected.  Pollux7  speaks 
of  the  TrpofieTomScov,  ivapumov,  7tapr/iov,  TrpooTepvi- 
diov,  7zapair?i,EvpidLov,  7rapafi7]pldiov,  TcapaKV7]fj.idiov. 
Among  many  of  the  Eastern  nations,  who  placed 
their  chief  dependance  upon  their  cavalry,  we  find 
horses  protected  in  this  manner ;  but  among  the 
Romans  we  do  not  read  of  any  troops  of  this  de- 
scription till  the  later  times  of  the  Empire,  when 
the  discipline  of  the  legions  was  destroyed,  and  the 
chief  dependance  began  to  be  placed  on  the  cavaU 
ry.  When  Postumus  leaves  Rome  for  the  Eastern 
wars,  Galla  prays, 

"  Neve  tua  Medce  latentxir  cade  sagittce, 

Ferreus  armato  neu  cataphractus  equo."* 

This  species  of  troops  was  common  among  the 
Persians  from  the  earliest  times,  from  whom  it 
was  adopted  by  their  Macedonian  conquerors.9  In 
the  army  of  Cyrus,  Xenophonsays10  that  the  horses 
were  protected  by  coverings  for  the  forehead  and 
chest  {7rpo(j.eT0)7udioic.  Kai  irpoGTepvidioic) ;  and  the 
same  was  the  case  with  the  army  of  Artaxerxes, 
when  he  fought  with  his  younger  brother)11.  Troops 
of  this  description  were  called  clibanani  by  the  Per- 
sians {cataphracti  equites,  quos  clibanarios  dictitant 
Persce1*).  We  first  read  of  cataphracti  in  the  Roman 
army  in  the  time  of  Constantine.13 

II.  The  term  Cataphracti  was  applied  to  ships 
which  had  decks,  in  opposition  to  aphracti.  {Vid. 
Aphractus.) 

CATAPIRA'TER  {KaTamipaTrjpia,  (3o?uc),  the 
lead  used  in  sounding,  or  fathoming  the  depth  of 
water  in  navigation. 


1.  (Demosth.,  c.  Polycl.,  p.  1208.)— 2.  (Andoc,  De  Myst.,  48.) 
—3.  (Demosth.,  c.  Timocr.,  748.)— 4.  (Andoc,  De  Myst.,  48.)- 
5.  (Serv.  ad  Virg.,  JEn.,  xi.,  771.)— 6.  (Onom.,  i.,  140.)— 7.  (1. 
c.)— 8.  (Pronert.,  III.,  x.,  11.)— 9.  (Liv.,  xxxv.,  48;  xxxvu.,  40.) 
—10.  (Cyrop.,  vi.,4,1.)— 11.  (Xen.,  Anab.,  i.,8,  7.)— 12.  (Amm. 
Maiccll..  xvi.,  10.— Compare  Lamprid.,  Alex.  Sev.,  56.)-  -13 
(Amm.  MarcelL,  1.  c.) 


CATARACTA. 


CATENA. 


The  mode  of  employing  this  instrument  appears 
to  have  undergone  no  change  for  more  than  two 
thousand  years,  and  is  described  with  exactness  in 
'he  account  of  St.  Paul's  voyage  and  shipwreck  at 
Melite.1  A  cylindrical  piece  of  lead  was  attached 
to  a  long  line,  so  as  to  admit  of  being  thrown  into 
the  water  in  advance  of  the  vessel,  and  to  sink  rap- 
idly to  the  bottom,  the  line  being  marked  with  knots 
at  each  fathom  to  measure  the  depth.3  By  smear- 
ing the  bottom  of  the  lead  with,  tallow  (unctum3), 
specimens  of  the  ground  were  brought  up,  showing 
whether  it  was  clay,4  gravel,  or  hard  rock. 

CATAPUL'TA.     (Vid.  Tormentum.) 

CATARA'CTA  (KarappanTrjc),  a  portcullis,  so 
called,  because  it  fell  with  great  force  and  a  loud 
noise. 

According  to  Vegetius,5  it  was  an  additional  de- 
fence, suspended  by  iron  rings  and  ropes  before  the 
gates  of  a  city,  in  such  a  manner  that,  when  the 
enemy  had  come  up  to  the  gates,  the  portcullis 
might  be  let  down  so  as  to  shut  them  in,  and  to  en- 
able the  besieged  to  assail  them  from  above.  In 
1  **  accompanying  plan  of  the  principal  entrance  to 


Pompeii,  there  are  two  sideways  for  foot-passengers, 
and  a  road  between  them,  fourteen  feet  wide,  for 
carriages.  The  gates  were  placed  at  A,  A.  turning 
on  pivots  (vid.  Cardo),  as  is  proved  by  the  holes  in 
the  pavement,  which  still  remain.  This  end  of  the 
road  was  nearest  to  the  town ;  in  the  opposite  di- 
rection, the  road  led  into  the  country.  The  port- 
•;•  illis  was  at  B,  B,  and  was  made  to  slide  in  grooves 
cut  in  the  walls.  The  sideways,  secured  with 
smaller  gates,  were  roofed  in,  whereas  the  portion 
of  the  main  road  between  the  gates  (A,  A)  and  the 
portcullis  (B,  B)  was  open  to  the  sky.  When, 
therefore,  an  attack  was  made,  the  assailants  were 
either  excluded  by  the  portcullis,  or,  if  they  forced 
their  way  into  the  barbican,  and  attempted  to  break 
down  the  gates,  the  citizens,  surrounding  and  at- 
tacking them  from  above,  had  the  greatest  possible 
facilities  for  impeding  and  destroying  them.  Vege- 
tius speaks  of  the  "  cataracta"  as  an  ancient  contri- 
vance ;  and  it  appears  to  have  been  employed  by 
the  Jews  at  Jerusalem  as  early  as  the  time  of 
David.* 


1.  (Act*,  x.-Wi.,  28.) —2.  (Isi^.,  Org.,  xix.,  4. — Eustath.  in 
1.,  v.,  ,°96.)— 3  (LucUu. .  ap.  Tsid.,  1.  c.)— 4.  (Herod.,  ii.,  5.)— 
J.  (De  Re  Mu.,i?.,  •*.)-   6.  y^sal.  .cxiv.,  7,  9. — Compare  Jer.,xx., 

2*1 


A  sluice  constructed  in  a  watercourse,  and  made 
to  rise  and  fall  like  a  portcullis,  was  called  by  its 
name  (cataractis  aqua  cursum  temperare1).  Rutilius* 
mentions  the  use  of  such  sluices  in  salt-works. 
(Vid.  Salin^e.) 

The  term  "cataracta?"  was  also  appliea  to  those 
natural  channels  which  were  obstructed  by  rocky 
barriers,  producing  a  rapid  and  violent  descent  of 
the  water,  as  in  the  celebrated  "  cataracts"  of  the 
Nile. 

*CATARACTES  (Karapdnrnc),  the  name  o  a 
bird  mentioned  by  Aristotle . 3  Sch neider  (who  reads 
Kara^paKTr/c)  pronounces  it,  upon  the  authority  of 
CEdmann,  to  be  the  Pellecanus  bassanus,  L.,  or  the 
Gannet.  In  Scotland  it  is  known  by  the  name  of 
the  Solan  Goose.4 

KATA2KOITH2  TPA4>H  (KaraaKonijg  ypatf),  an 
action  brought  against  spies  at  Athens.  (KAv  fih 
upa  Tvenspl  tic  fepy  vrpiu/ievoc,  HTpe6Xovv  ypafyovcri 
tovtov  d)c  KaTuGKe-xov.*)  If  a  spy  was  discovered, 
he  was  put  to  the  rack  in  order  to  obtain  informa- 
tion from  him,  and  afterward  put  to  death.6  It  ap- 
pears that  foreigners  only  were  liable  to  this  action, 
since  citizens  who  were  guilty  of  this  crime  were 
liable  to  the  Tcpodoalac  ypaorj. 

CATEN'GYAN  (nareyyvav).     (Vid.  Engye.) 

C ATEGOR1A  (naTnyopia).     (Vid.  Graphe.) 

CATEI'A,  a  missile  used  in  war  by  the  Germans, 
Gauls,  and  some  of  the  Italian  nations,7  supposed 
to  resemble  the  Aclis.8  It  probably  had  its  name 
from  cutting ;  and,  if  so,  the  Welsh  terms  catai,  a 
weapon,  cateia,  to  cut  or  mangle,  and  catau,  to  fight, 
are  nearly  allied  to  it. 

CATELLA.     (Vid.  Catena.) 

CATE'NA,  dim.  CATELLA  (ufaxris,  dim.  te.v- 
(jlov,  ahvaidiov),  a  chain. 

Thucydides9  informs  us  that  the  Plataeans  made 
use  of  "long  iron  chains"  to  suspend  the  beams 
which  they  let.  fall  upon  the  battering-rams  of  theii 
assailants.  ( Vid.  Aries.)  Under  the  Romans,  pris- 
oners,were  chained  in  the  following  manner:  The 
soldier  who  was  appointed  to  guard  a  particular  cap- 
tive had  the  chain  fastened  to  the  wrist  of  his  left 
hand,  the  right  remaining  at  liberty.  The  prisoner, 
on  the  contrary,  had  the  chain  fastened  to  the  wrist 
of  his  right  hand.  Hence  dextras  insertare  catcnis 
means  to  submit  to  captivity  :10  leviorem  in  sinistra 
catenam.11  The  prisoner  and  the  soldier  who  had 
the  care  of  him  (custos)  were  said  to  be  tied  to  one 
another  (alligati  ,-ia  latro  et  colligatus13).  Sometimes, 
for  greater  security,  the  prisoner  was  chained  to  tvro 
soldiers,  one  on  each  side  of  him  (akvazci  cWt14). 
If  he  was  found  guiltless,  they  broke  or  cut  asun- 
der his  chains  (TveXeicei  dazKoipe  ttjv  a"X,vci.vn).  In- 
stead of  the  common  materials,  iron  or  bronze,  An- 
tony, having  got  into  his  power  Artavasdes,  king  of 
the  Armenians,  paid  him  the  pretended  compliment 
of  having  him  bound  with  chains  of  gold.18 

Chains  which  were  of  superior  value,  either  on 
account  of  the  material  or  the  workmanship,  are 
commonly  called  catella  (akvcia),  the  diminutive 
expressing  their  fineness  and  delicacy  as  well  as 
their  minuteness.  The  specimens  of  ancient  chains 
which  we  have  in  bronze  lamps,  in  scales  (vid.  I..- 
bra),  and  in  ornaments  for  the  person,  especially 
necklaces  (vid.  Monile),  show  a  great  variety  of  el 
egant  and  ingenious  patterns.     Besides  a  plain  cir- 

1.  (Plin.,  Epist.,  x.,  69.)— 2.  (Itin.,  i.,  481.)— 3.  (H.  A.,  ix., 
13.) — 4.  (Adams,  Append.,  s.  v.) — 5.  (Antiphanes,  ap.  Athen., 
ii.,  66,  D,  where  ypnepovat  signifies,  as  it  does  frequently,  "ac- 
cuse.")— 45.  (Antiphanes,  1.  c. — Demosth.,  De  Cor.,  272. — JE? 
chin.,  c.  Ctesiph.,  616.— Plut,  Vit.  dec.  Orat.,  p.  848,  A.)— 7. 
(Virg.,  ^n  ,  vii.,  741.— Val.  Flacc,  vi.,  83.— AuL  Gell.,  x.,  25., 
— 8.  (Serviurf  in -<En.,  1.  c— Isid.,  Ong.,  xviii.,  7.)— 9.  (ii.,  76.) 
—10.  (Stat.,  Theb.,  xii ,  460.)— 11.  (Seneca,  De  Tranquill.,  i.. 
10.)— 12.  (Sen.,  1.  c.)— 33.  (Augustine.)— 14.  (Acts,  xii.,  6,  7: 
xxi.,  33.)— 15.  (Joseph..  Bell.  Jud.,  v.,  10.)— 16.  (Velleius  Pa 
terculus,  ii.,  82.) 


CATOBLEPAS 


CAUCALIS. 


rie  or  oval,  the  separate  link  is  often  shaped  like  the 
figure  8,  or  is  a  bar  with  a  circle  at  each  end,  or  as- 
sumes other  forms,  some  of  which  are  here  shown. 
The  links  are  also  found  so  closely  entwined,  that 
the  chain  resembles  platted  wire  or  thread,  like  the 
gold  chains  now  manufactured  at  Venice.  This  is 
represented  in  the  lowest  figure  of  the  woodcut. 


fht'sc  valuable  chains  were  sometimes  given  as 
rewards  to  the  soldiers  ;'  but  they  were  commonly 
worn  by  ladies,  either  on  the  neck  (Trepl  rbv  rpaxn- 
?.ov  aXvGLov2),  or  round  the  waist  ;3  and  were  used 
to  suspend  pearls,  or  jewels  set  in  gold,  keys,  lock- 
ets, and  other  trinkets. 

CATERVA'RII.  (Vid.  Gladiatores.) 
CA'THEDRA,  a  seat ;  but  the  term  was  more 
particularly  applied  to  the  soft  seats  used  by  women, 
whereas  sella  signified  a  seat  common  to  both  sex- 
es (inter  femineas  cathedras*).  The  cathedrae  were, 
no  doubt,  of  various  forms  and  sizes  ;  but  they  usu- 
ally appear  to  have  had  backs  to  them,  as  is  the 
case  in  the  one  represented  in  the  annexed  wood- 
cut, which  is  taken  from  Sir  William  Hamilton's 
work  on  Greek  vases.  On  the  cathedra  is  seated  a 
bride,  who  is  being  fanned  by  a  female  slave  with  a 
♦an  made  of  peacock's  feathers. 


VVoiiien  were  also  accustomed  to  be  carried 
anro«ti  in  these  cathedras  instead  of  in  Iecticae, 
which  practice  was  sometimes  adopted  by  effemi- 
nate persons  of  the  other  sex  (sexta  cervice  feratur 
cathedra5).  The  word  cathedra  was  also  applied  to 
th3  chair  or  pulpit  from  which  lectures  were  read.* 

♦CATO'BLEPAS  (KaTuSMTrac  or  to  kutu  pM- 
nov)  i  <v\d  animal  dwelling  in  ^Ethiopia,  near  the 
aouroos  orthe;  Nile.  Pliny7  describes  it  as  of  mod- 
erate size  in  every  respect  except  the  head,  which 
s  so  heavy  that  the  creature  bears  it  with  difficul- 
ty. Hence  it  holds  the  head  always  towards  the 
ground  ;  and  from  the  circumstance  of  its  thus  al- 
ways looking  downward,  it  gets  the  name  of  Cato- 
ulepas  (kutu,  "  downward,"  and  jSAeirw,  "  to  look"). 
It  is  well  for  the  human  race,  it  seems,  that  the  an- 
imal has  this  downcast  look,  since  otherwise  it 

1.  (Liv.,  xxxiv  ,  31.) — 2.  (Menander,  p.  92,  ed.  Mein.) — 3. 
vPlm.,  II.  N.,  xxxiii  ,  12.)— 4.  (Mart.,  iii.,  63 ;  iv.,  79.— Hor., 
Sal.,  I.,  x..  91  — Propert.,  IV.,  v.,  37.)— 5.  (Juv.,  Sat.,  i.,  65.— 
Compare  ix  ,  51.)— £.  (Juv.,  Sat.,  vii.,  203.— Mart.,  i.,  77.— 
Compare,  on  this  -/  •  e  subject,  Bottiger,  Sabina,  i.,  p.  35. — 
«  -hpffer,  De  Re  Vf »  ,  ii.,  4.-  Ruperti,  ad  Juv.,  i.,  65.)— 7.  (H. 
W  .  *';i    21.) 

F  v 


would  annihilate  them  all ;  for  no  one,  says  Pliny 
can  catch  its  eye  without  expiring  on  the  spot 
^Elian1  makes  the  Catoblepas  resemble  a  bull,  but 
with  a  more  fierce  and  terrible  aspect.  Its  eyes, 
according  to  him,  are  red  with  blood,  but  are  small- 
er than  those  of  an  ox,  and  surmounted  by  largo 
and  elevated  eyebrows.  Its  mane  rises  on  tho 
summit  of  the  head,  descends  on  the  forehead,  and 
covers  the  face,  giving  an  additional  terror  to  its 
aspect.  It  feeds,  the  same  authority  informs  us,  on 
deadly  herbs,  which  render  its  breath  so  poisonous, 
that  all  animals  which  inhale  it,  even  men  them- 
selves, instantly  perish.  Modern  naturalists  have 
formed  the  Genus  Catollepas,  in  one  of  the  species 
of  which  they  place  the  Gnu,  an  animal  that  may 
possibly  have  given  rise  to  some  of  these  marvel 
lous  tales.  Indeed,  no  other  creature  but  the  Gnu 
could  well  give  rise  to  so  many  singular  ideas 
There  is  none  that  has  an  air  so  extraordinary,  and, 
at  the  same  time,  so  mournful,  by  reason,  principal- 
ly, of  its  long  white  eyebrows,  and  the  hair,  or,  rath  • 
er,  mane  on  its  snout,  a  characteristic  not  found  in 
any  other  species  of  Antelope.2 

♦CATOCHI'TIS  (KaroxtTvc  Ktioc),  a  species  of 
gem  or  stone  found  in  Corsica,  and  adhering  to  the 
hand  like  gum.  It  is  thought  to  have  been  either 
amber,  or  some  variety  of  bitumen.3 

CAT'RINOS  (K&rpivoc)  is  a  genuine  Greek  word, 
with  an  exact  and  distinct  signification,  although  it 
is  found  in  no  lexicon,  and  only  in  two  authors,  viz., 
Mr.  Charles  Fellows,  as  quoted  in  Aratrum,  p.  79, 
who  gives  the  figure  of  the  agricultura  implement 
which  it  denoted,  with  the  name  written  over  the 
implement,  from  a  very  ancient  MS.  of  Hesiod'3 
Works  and  Days.*  It  is  doubtful  whether  the  kut- 
ptvoc  had  a  Latin  name  ;  for  Pliny5  describes  it  by 
a  periphrasis  :  "  Purget  vomerem  subinde  stimulus 
cuspidatus  rallo."  But  his  remark  proves  that  it 
was  used  in  Italy  as  well  as  in  Greece,  and  coin- 
cides with  the  accompanying  representation,  from 
a  very  ancient  bronze  of  an  Etruscan  ploughman 
driving  his  yoke  of  oxen  with  the  Karpivog  in  his 
hand.6 


It  cannot  be  doubted  that,  if  the  traveller  were  to 
visit  the  remote  valleys  of  Greece  and  Asia  Minor 
and  take  time  to  study  the  language  and  habits  ol 
the  people,  he  would  find  many  other  curious  and 
instructive  remains  of  classical  antiquity,  which  are 
preserved  in  no  other  way. 

♦CATUS.     (Vid.  Felis.) 

*CAU'CALIS,  a  species  of  plant  mentioned  by  Di 
oscorides,  Galen,  and  others.  The  account  which 
they  give  of  it  answers  very  well  to  the  characters 
of  the  Caucalis,  L.,  or  Hedge  Parsley.  Sprengel 
accordingly  refers  it  to  the  Caucalis  maritima,  Lam. 
Sibthorp,  however,  prefers  the  Tordylium  officinale, 
an  opinion  in  which  Billerbeck  appears  to  coincide.' 

1.  (N.  A.,  vii.,  5.)— 2.  (Griffith's  Cuvier,  vol.  iv.,  p.  366.— G 
Cuvier,  ad  Plin.,  1  c  }—3.  (Plin.,  H.  N.,  xxxvii.,  10— Moore* 
Anc.  Mineral.,  p.  182./-4.  (Palaeogr.  Gr.,  p.  9.)— 5.  (II.  N, 
xviij..  13,  2.)— 6.  (Micali,  Italia  avanti  il  Dom.  dei  Rom.,  t.  L.) 
-■?.  (Dioscor.,  ii.,  168.— Galen,  De  Simpl.,  vii.— Therphraat 
II.  P..  v:'i.,  7. — Adams,  Append.,  s.  v.) 

225 


CAUPONA. 


CAUSIA. 


♦CAUDA  EQUI'NA.     (Vid.  Hippooris.) 

CA VADIUM.     (Vid.  House.) 

CAVE  A.     (Vid.  Theatrum.) 

CAUPO'NA  was  used  in  two  different  significa- 
tions : 

2.  It  signified  an  inn,  where  travellers  obtained 
food  and  lodging;  in  which  sense  it  answered  to 
the  Greek  words  iravdoiceiov,  narayuyiov,  and  tcara- 
'kvaig. 

2.  It  signified  a  shop  where  wine  and  ready-dress- 
ed meat  were  sold,  and  thus  corresponded  to  the 
Greek  Ka-Krfkzlov.  The  person  who  kept  a  caupona 
was  called  caapo. 

It  has  been  maintained  by  many  writers  that  the 
Greeks  and  Romans  had  no  inns  for  the  accommo- 
dation of  persons  of  any  respectability,  and  that 
their  cauponae  and  iravdoKeZa  were  mere  houses  of 
shelter  for  the  lowest  classes.  That  such,  howev- 
er, was  not  the  case,  an  attentive  perusal  of  the 
classical  authors  will  sufficiently  show ;  though  it 
is,  at  the  same  time,  very  evident  that  their  houses 
of  public  entertainment  did  not  correspond,  either 
in  size  or  convenience,  to  similar  places  in  modern 
times.  It  is  also  true  that  the  hospitality  of  the  an- 
cients rendered  such  houses  less  necessary  than  in 
modern  times  ;  but  they  nevertheless  appear  to  have 
been  very  numerous  in  Greece.  The  public  ambas- 
sadors of  Athens  were  sometimes  obliged  to  avail 
themselves  of  the  accommodation  of  such  houses,1 
as  well  as  private  persons.3  In  addition  to  which, 
it  may  be  remarked,  that  the  great  number  of  festi- 
vals which  were  celebrated  in  the  different  towns 
of  Greece,  besides  the  four  great  national  festivals, 
to  which  persons  flocked  from  all  parts  of  Greece, 
must  have  required  a  considerable  number  of  inns 
to  accommodate  strangers,  not  only  in  the  places 
where  the  festivals  were  celebrated,  but  also  on  the 
oads  leading  to  those  places. 

Among  the  Romans,  the  want  of  such  houses  of 
public  entertainment  would  be  less  felt  than  among 
the  Greeks ;  because,  during  the  latter  days  of  the 
Republic  and  under  the  emperors,  most  Romans  of 
respectability  had  friends  or  connexions  in  the  prin- 
cipal cities  of  Europe  and  Asia,  who  could  accom- 
modate them  in  their  own  houses.  They  were, 
however,  frequently  obliged  to  have  recourse  to  the 
public  inns.3 

An  inn  was  not  only  called  caupona,  but  also  ta- 
berna,  and  taberna  diversoria,*  or  simply  diversorium 
or  deversorium. 

It  has  been  already  remarked  that  caupona  also 
signified  a  place  where  wine  and  ready-dressed 
provisions  were  sold,5  thus  corresponding  to  the 
Greek  aairnXelov.  In  Greek  /ca^Aoc  signifies,  in 
general,  a  retail  trader,  who  sold  goods  in  small 
quantities,  whence  he  is  sometimes  called  7ra/Uy/ca- 
7n?Aof,  and  his  business  TtaXiyKd'Krfkzvuv*  The 
word  Kairijloc,  however,  is  more  particularly  applied 
to  a  person  who  sold  ready-dressed  provisions,  and 
especially  wine  in  small  quantities,  as  plainly  ap- 
pears from  a  passage  in  Plato.7  When  a  retail 
dealer  in  other  commodities  is  spoken  of,  the  name 
of  his  trade  is  usually  prefixed  ;  thus  we  read  of 
TrpodaTOicamjXoc;,8  bir'kov  k&tttjIioc,9  aoniduv  KannXog  ,10 
fiit'kLOKa-Krj'X.oq,  &c.  In  these  Kairqktia  only  persons 
of  the  very  lowest  class  were  accustomed  to  eat 
and  drink  (kv  Kann"kei(^  6e  (payeiv  f)  ntelv  oiidelg  ovd' 
av  oUirng  kmeiKTjg  eToXpncre11). 

In  Rome  itself  there  were,  no  doubt,  inns  to  ac- 
commodate strangers ;  but  these  were  probably  only 

1.  (^Eschin.,  De  Fals.  Leg.,  p.  273.)— 2.  (Cic,  De  Div.,  i., 
27.— Inv.,  ii.,  4.)r-3.  (Hor.,  Epist.,  I.,  xi.,  12.— Cic,  Pro  Clu- 
ont.,  59.— Phil.,  ii.,  31.)— 4.  (Plaut.,  Menaechm.,  II.,  iii.,  81.)— 
5.  (Mart.,  i.,  57  ;  ii.,  48.)— 6.  (Demosth.,  c.  Dionysodor.,  p. 
1285  —  Aristoph.,  Plut.,  1156.  — Pollux,  Onom.,  vii.,  12.)— 7. 
(Gorg.,  c.  156,  p.  518.)— 8.  (Plutarch,  Peric,  24.)— 9.  (Aris- 
toph., Pax.,  1175.)— 10.  (Id  ,439.)— 11.  (Isocr.,  Areiop.,  c.  18.) 
226 


frequented  by  the  lower  classes,  since  all  person?! 
in  respectable  society  could  easily  find  accommoda- 
tion in  the  houses  of  their  friends.  There  were, 
however,  in  all  parts  of  the  city,  numerous  houses 
where  wine  and  ready-dressed  provisions  were  sold. 
The  houses  where  persons  were  allowed  to  eat  and 
drink  were  usually  called  popinae,  and  not  cauponae  • 
and  the  keepers  of  them,  popae.  They  were  princi- 
pally frequented  by  slaves  and  the  lower  classes^ 
and  were,  consequently,  only  furnished  with  stoola 
to  sit  upon  instead  of  couches,  whence  Martial" 
calls  these  places  sellariolas  popinas.  This  cir- 
cumstance is  illustrated  by  a  painting  found  at  Pom- 
peii in  a  wine-shop,  representing  a  drinking-scene. 
There  are  four  persons  sitting  on  stools  round  a 
tripod  table.  The  dress  of  two  of  the  figures  is  re- 
markable for  the  hoods,  which  resemble  those  of  the 
capotes  worn  by  the  Italian  sailors  and  fishermen 
of  the  present  day.  They  use  cups  made  of  horn 
instead  of  glasses,  and,  from  their  whole  appear- 
ance, evidently  belong  to  the  lower  orders.  Above 
them  are  different  sorts  of  eatables  hung  upon  a 
row  of  pegs. 


The  thermopolia,  which  are  spoken  of  in  the  arti- 
cle Calida,  appear  to  have  been  the  same  as  the 
popinas.  Many  of  these  popinae  seem  to  have  been 
little  better  than  the  lupanaria  or  brothels  ;  whence 
Horace3  calls  them  immundas  popinas.  The  wine- 
shop at  Pompeii,  where  the  painting  described  above 
was  found,  seems  to  have  been  a  house  of  this  de- 
scription ;  for  behind  the  shop  there  is  an  inner 
chamber  painted  with  every  species  of  indecency.* 
The  ganea,  which  are  sometimes  mentioned  in  con- 
nexion with  the  popinae,5  were  brothels,  whence 
they  are  often  classed  with  the  lustra.6  Under  the 
emperors  many  attempts  were  made  to  regulate  the 
popinae,  but  apparently  with  little  success.  Tibe- 
rius forbade  all  cooked  provisions  to  be  sold  in  these 
shops  ;7  and  Claudius  commanded  them  t<3>  be  si  at 
up  altogether.8  They  appear,  however,  to  have 
been  soon  opened  again,  if  they  were  ever  closed  ; 
for  Nero  commanded  that  nothing  should  be  sold  in 
them  but  different  kinds  of  cooked  pulse  or  vegeta- 
bles ;9  and  an  edict  to  the  same  effect  was  also 
published  by  Vespasian.10 

All  persons  who  kept  inns,  or  houses  of  public 
entertainment  of  any  kind,  were  held  in  low  estima 
tion,  both  among  the  Greeks  and  Romans.11    They 
appear  to  have  fully  deserved  the  bad  reputation 
which  they  possessed ;  for  they  were  accustomed 
to  cheat  their  customers  by  false  weights  and  meas- 
ures, and  by  all  the  means  in  their  power,  whence 
Horace  calls  them  perfidos12  and  malignos.13 
CAUSAE  PROBA'TIO.     (Vid.  Civitas.) 
CAUSIA  (navoia),  a  hat  with  a  broad  brim,  whictt 
was  made  of  felt,  and  worn  by  the  Macedonian 

1.  (Cic,  Pro  Mil.,  24.)— 2.  (v.,  70.)— 3.  (Sat.,  II.,  iv.,  62.)— 
4.  (Gell's  Pompeiana,  vol.  ii.,  p.  10.)— 5.  (Suet.,  Tib.,  34.)— 6 
(Liv.,  xxv i.,  2.— Cic,  Phil.,  xiii.,  11.— Pro  Sext.,  S.)— 7.  (Suet , 
Tib.,  34.)— 8.  (Dion  Cass.,  lx.,  6.)— 9.  (Suet.,  Ner.,  16.— Dion 
Cass.,  lxii.,  14.)— 10.  (Dion  Cass.,  Ixvi.,  10.)— 11.  (Theophr., 
Char.,  6.— Plat.,  Legg.,  xi.,  p.  918,  919.)— 12.  (Sat.,  I.,  i.,  29.)- 
13.  (Sat.,  I.,  v.,  4.— Zell,  Die  Wirthshftuser  d.  Altcn.— StorJt- 
nvtM,  De  Popinis. — Bbcker,  Gallus,  i.,  p.  227-236.) 


CAUTIO. 


CEDRUS. 


Kings.1     Its  form  is  seen  in  Hie  annexed  figures, 
which  are  taken  from  a  fictile  vase,  and  from  a 


COUU3j00f 


medal  of  Alexander  I.  of  Macedon.  The  Romans 
adopted  it  from  the  Macedonians,2  and  more  espe- 
cially the  Emperor  Caracalla,  who  used  to  imitate 
Alexander  the  Great  in  his  costume.3 

CAUTIO,  CAVE'RE.  These  words  are  of  fre- 
quent occurrence  in  the  Roman  classical  writers 
and  jurists,  and  have  a  great  variety  of  significa- 
tions, according  to  the  matter  to  which  they  refer. 
Their  general  signification  is  that  of  security  given 
by  one  person  to  another,  or  security  which  one 
person  obtains  by  the  advice  or  assistance  of  an- 
other. The  general  term  (cautio)  is  distributed  into 
its  species  according  to  the  particular  kind  of  the 
security,  which  may  be  by  satisdatio,  by  a  fidejus- 
sio,  and  in  various  other  ways.  The  general  sense 
of  the  word  cautio  is  accordingly  modified  by  its 
adjuncts,  as  cautio  fidejussoria,  pigneraticia,  or  hy- 
pothecaria,  and  so  on.  Cautio  is  used  to  express 
both  the  security  which  a  magistratus  or  a  judex 
may  require  one  party  to  give  to  another,  which  ap- 
plies to  cases  where  there  is  a  matter  in  dispute  of 
which  a  court  has  already  cognizance  ;  and  also  the 
security  which  is  a  matter  of  contract  between  par- 
ties not  in  litigation.  The  words  cautio  and  cavere 
are  more  particularly  used  in  the  latter  sense. 

If  a  thing  is  made  a  security  from  one  person  to 
another,  the  cautio  becomes  a  matter  of  pignus  or 
of  hypotheca  ;  if  the  cautio  is  the  engagement  of  a 
surety  on  behalf  of  a  principal,  it  is  a  cautio  fidejus- 
soria.* 

The  cautio  was  most  frequently  a  writing,  which 
expressed  the  object  of  the  parties  to  it ;  accord- 
ingly, the  word  cautio  came  to  signify  both  the  in- 
strument (chirographum  or  instrumentum)  and  the 
object  which  it  was  the  purpose  of  the  instrument 
so  secure.5  Cicero6  uses  the  expression  cautio 
zhirographi  met.  The  phrase  cavere  aliquid  alicui 
expressed  the  fact  of  one  person  giving  security  to 
another  as  to  some  particular  thing  or  act.7 

Ulpian8  divides  the  praetoriae  stipulationes  into 
three  species,  judiciales,  cautionales,  communes  ; 
and  he  defines  the  cautionales  to  be  those  which 
are  equivalent  to  an  action,  and  are  a  good  ground 
for  a  new  action,  as  the  stipulationes  de  legatis, 
tutela,  ratam  rem  habere,  and  damnum  infectum. 
Cautiones  then,  which  were  a  branch  of  stipula- 
tiones, were  such  contracts  as  would  be  ground  of 
actions.  The  following  examples  will  explain  the 
passage  of  Ulpian. 

In  many  cases  a  heres  could  not  safely  pay  lega- 
cies, unless  the  legatee  gave  security  (cautio)  to  re- 
fund in  case  the  will  under  which  he  claimed  should 
turn  out  to  be  bad.9  The  Cautio  Muciana  was  the 
engagement  by  which  the  heres  bound  himself  to 
fulfil  the  conditions  of  his  testator's  will,  or  to  give 
up  the  inheritance.  The  heres  was  also,  in  some 
cases,  bound  to  give  security  for  the  payment  of 


1.  (Val  Max.,  v.,  1,  4.— Paus.,  ap.  Eustath.  ad  II.,  ii.,  121.)— 
1  (Plaut.,  Mil.  Glor.,  IV.,  iv.,  42.— Pers.,  I.,  iii.,  75  — Antip. 
Thcss.  in  Brunckii  Analect.,  ii.,  111.) — 3.  (Herodian,  IV.,  viii., 
5.)— 4.  (Dig.  37,  tit.  6,  s.  1,  (t  9.)— 5.  (Dig.  47,  tit.  2,  s.  27.)— 6. 
(Ep.  ad  Fiun.,  vii.,  18.)— 7.  (Dig.  29,  tit.  2,  s.  97.)— 8.  (Dig.  46, 
tit.  5.]  -J.  (Dig.  5,  tit.  3,  s.  17.) 


legacies,  or  the  legatee  was  entitled  to  the  Bono- 
rum  Possessio.  Tutores  and  curatores  were  re- 
quired to  give  security  {satisdare)  for  the  due  ad 
ministration  of  the  property  intrusted  to  them,  un- 
less the  tutor  was  appointed  by  testament,  or  unless 
the  curator  was  a  curator  legitimus.1  A  procura- 
tor who  sued  in  the  name  of  an  absent  party  might 
be  required  to  give  security  that  the  absent  party 
would  consent  to  be  concluded  by  the  act  of  his 
procurator;2  this  security  was  a  species  satisda- 
tionis,  included  under  the  genus  cautio.3  In  the 
case  of  damnum  infectum,  the  owner  of  the  land  or 
property  threatened  with  the  mischief  might  call  for 
security  on  the  person  threatening  the  mischief* 

If  a  vendor  sold  a  thing,  it  was  usual  for  him  to 
declare  that  he  had  a  good  title  to  it,  and  that,  if  any 
person  recovered  it  from  the  purchaser  by  a  better 
title,  he  would  make  it  good  to  the  purchaser  ;  and 
in  some  cases  the  cautio  was  for  double  the  value 
of  the  thing.5    This  was,  in  fact,  a  warranty. 

The  word  cautio  was  also  applied  to  the  release 
which  a  debtor  obtained  from  his  creditor  on  satis- 
fying his  demand  :  in  this  sense  cautio  is  equiva 
lent  to  a  modern  receipt ;  it  is  the  debtor's  security 
against  the  same  demand  being  made  a  second 
time.6  Thus  cavere  ab  aliquo  signifies  to  obtain 
this  kind  of  security.  A  person  to  whom  the  usus 
fructus  of  a  thing  was  given  might  be  required  to 
give  security  that  he  would  enjoy  and  use  it  prop- 
erly, and  not  waste  it.7 

Cavere  is  also  applied  to  express  the  professional 
advice  and  assistance  of  a  lawyer  to  his  client  for 
his  conduct  in  any  legal  matter.8 

The  word  cavere  and  its  derivatives  are  also 
used  to  express  the  provisions  of  a  law  by  which 
anything  is  forbidden  or  ordered,  as  in  the  phrase 
"  Cautum  est  lege,  principalibus  constitutionibus"  &c. 
It  is  also  used  to  express  the  words  in  a  will  by 
which  a  testator  declares  his  wish  that  certain 
things  should  be  done  after  his  death.  The  prep- 
aration of  the  instruments  of  cautio  was,  of  course, 
the  business  of  a  lawyer. 

It  is  unnecessary  to  particularize  farther  the  spe- 
cies of  cautio,  as  they  belong  to  their  several  heads 
in  the  law. 

CE'ADAS  or  CAI'ADAS  {neadac  or  naiadac)  was 
a  deep  cavern  or  chasm,  like  the  ftdpadpov  at  Athens, 
into  which  the  Spartans  were  accustomed  to  thrust 
persons  condemned  to  death.9 

♦CEBLE'PYRIS  (Ke6tym>pic),  a  species  of  bird, 
mentioned  by  Aristophanes.  It  is  probably,  accord- 
ing to  Adams,  the  Red-pole,  or  Fringilla  Linaria, 
L.10 

CEDIT  DIES.     (Vid.  Legatom.) 

*CEDRUS  (aedpoc  and  Kedpic),  the  Cedar,  as  we 
commonly  translate  it.  According  to  the  best  bo- 
tanical writers,  however,  the  iddpog  of  the  Greeks 
and  Cedrus  of  the  Romans  was  a  species  of  Juni- 
per. The  Cedar  of  Lebanon  seems  to  have  been 
but  little  known  to  the  Greek  and  Roman  writers. 
Theophrastus,  according  to  Marty n,  appears  to 
speak  of  it  in  the  ninth  chapter  of  the  fifth  book  of 
his  History  of  Plants,  where  he  says  that  the  ce- 
dars grow  to  a  great  size  in  Syria,  so  large,  in  fact, 
that  three  men  cannot  encompass  them.  These 
large  Syrian  trees  are  probably  the  Cedars  of  Leb- 
anon, which  Martyn  believes  Theophrastus  had 
only  heard  of,  and  which  he  took  to  be  the  same 
with  the  Lycian  cedars,  only  larger  ;  for  in  the 
twelfth  chapter  of  the  third  book,  where  he  de- 

1.  (Gaius,  i.,  199.)— 2.  (Id.,  iv.,  99.)— 3.  (Dig.  46,  tit.  8,  s.  3, 
13,  18,  &c)-4.  (Cic,  Top.,  4.— Gaius,  iv.,  31.— Dig.  43,  tit.  8, 
s.  5.)— 5.  (Dig.  21,  tit.  2,  s.  60.)— 6.  (Cic,  Brat.,  5.— Dig.  46, 
tit.  3,  s.  89,  94.)— 7.  (Dig.  7,  tit.  9.)— 8.  (Cic,  Ep.ad  Fam.,  iii., 
1 ;  vii.,  6.— Pro  Muraena,  c  10.)— 9.  (Thucyd.,  i.,  134.— Strab  . 
viii.,  p.  367. — Paus.,  iv.,  18,  t>  4.— Suidas,  s.  v.  Bdpudpov,  KaioMaj, 
Kca'oaf.)— 10.  (Aristoph.,  Aves,  301.— Adams.  Append.,  8  v.) 

227 


CELLA. 


CENOTAPHIUM. 


scribes  the  Cedar  particularly,  he  says  the  leaves 
are  like  those  of  Juniper,  but  more  prickly  ;  and 
adds  that  the  berries  are  much  alike.  The  cedar 
described  by  Theophrastus,  therefore,  cannot,  as 
Martyn  thinks,  be  that  of  Lebanon,  which  bears 
cones,  and  not  berries.  He  takes  it  rather  for  a 
Rort  of  Juniper,  called  Juniperus  major  bacca  rufes- 
cente  by  Bauhin,  Oxycedrus  by  Parkinson,  and  Ox- 
ycedrus  Phcenicea  by  Gerard.1  Dioscorides2  de- 
scribes two  species,  of  which  the  first,  or  large 
Cedar,  is  referred  by  Sprengel  to  the  Juniperus  Phce- 
nicea, and  the  smaller  to  the  Juniperus  communis. 
Stackhouse,  on  the  other  hand,  refers  the  common 
Kedpoc  of  Theophrastus  to  the  Juniperus  Oxycedrus, 
and  the  nedpig  to  the  Juniperus  Sabina,  or  Savin. 
The  Cedar  of  Lebanon,  so  celebrated  in  Scripture, 
is  a  Pine,  and  is  hence  named  Pinus  Cedrus  by 
modern  botanists.  The  nedpic  of  the  medical  au- 
thors is,  according  to  Adams,  the  resin  of  the  Ju- 
niper.    Nicander  calls  it  nedpoio  anevdic.3 

*CELASTRUM  (nrjlacrpov),  a  species  of  plant, 
about  which  the  botanical  writers  are  much  divided 
in  opinion.  Sprengel  marks  it,  in  the  first  edition 
of  his  R.  H.  H.,  as  the  Ligustrum  vulgare,  or  Privet, 
and  in  the  second  as  the  Ilex  Aquifolium,  or  Holly. 
Stackhouse  calls  it  the  Celastrus.  Clusius  and 
Bauhin  are  in  favour  of  the  Rhamnus  alaternus,  or 
ever-green  Privet,  an  opinion  which  Billerbeck  also 
espouses,  and  which  probably  is  the  true  one.* 

CECRYPH'ALOS  (KeicpvQaloc).     (Vid.  Calan- 

TICA.) 

CE'LERES,  according  to  Livy,5  were  three  hun- 
dred Roman  knights  whom  Romulus  established  as 
a  body-guard ;  their  functions  are  expressly  stated 
by  Dionysius  of  Halicarnassus.6  There  can  be 
little  doubt  but  that  the  celeres,  or  "  horsemen"  (like 
the  Greek  Kiln  tec),1  were  the  patricians  or  burghers 
of  Rome,  the  number  300  referring  to  the  number 
of  the  patrician  houses  ;  "  for,"  as  Niebuhr  re- 
marks,8 "  since  the  tribunate  of  the  celeres  is  said 
to  have  been  a  magistracy  and  a  priestly  office,  it  is 
palpably  absurd  to  regard  it  as  the  captaincy  of  a 
body-guard.  If  the  kings  had  any  such  body-guard, 
it  must  assuredly  have  been  formed  out  of  the  nu- 
merous clients  residing  on  their  demesnes."  We 
know  that  the  patrician  tribes  were  identical  with 
the  six  equestrian  centuries  founded  by  L.  Tarquin- 
ius,9  and  that  they  were  incorporated  as  such  in 
the  centuries.10  It  is  obvious,  therefore,  that  these 
horsemen,  as  a  class,  were  the  patricians  in  general, 
so  called  because  they  could  keep  horses  or  fought 
on  horseback,  and  thus  the  name  is  identical  with 
the  later  Latin  term  equites,  and  with  the  Greek 
liTTzijc,  L7nr6da/j.0L,  iirircdorai.11 

CELLA.  In  its  primary  sense  cella  means  a 
storeroom  of  any  kind  :  "  Ubi  quid  conditum  esse 
volebant,  a  celando  cellam  appellarunt.,ni  Of  these 
there  were  various  descriptions,  which  took  their 
distinguishing  denominations  from  the  articles  they 
contained ;  and  among  these  the  most  important 
were :  1.  Penuaria  or  penaria,  "  ubi  penus,"13  where 
all  the  stores  requisite  for  the  daily  use  and  con- 
sumption of  the  household  were  kept  ;14  hence  it  is 
called  by  Plautus  promptuaria.15  2.  Olearia,  a  re- 
pository for  oil,  for  the  peculiar  properties  of  which 
consult  Vitruvius,16  Cato,17  Palladius,18  and  Colu- 
mella.19    3.   Vinaria,  a  wine-store,  which  was  situ- 

1.  (Martyn,  ad  Virg.,  Georg.,ii.,  443.)—  2.  (i.,  106.)— 3.  (The- 
ophrast., 1.  c. — Celsius,  Hierobot.,  i.,  p.  82. —  Nicand.,  Ther., 
585. — Adams,  Append.,  s.  v.) — 4.  (Theophrast.,  H.  P.,  i.,  3,  9  ; 
iii.,  3,  &c. — Adams,  Append.,  s.  v. — Billerbeck,  Flora  Classica, 
p.  53.)— 5.  (i.,  15.)— 6.  (ii.,  p.  262,  &c.)— 7.  (Vid.  Virg.,  JEn., 
xi.,  603.)— 8.  (Hist.  Rom.,  i.,  p.  325.)— 9.  (Niebuhr,  Hist.  Rom., 
i.,  p.  391,  &c.)— 10.  (Niebuhr,  Hist.  Rom.,  i.,  p.  427.)— 11.  ( Vid. 
Herod.,  v.,  77.)— 12.  (Varro,  De  Ling.  Lat.,  v.,  162,  ed.  Muller.) 
—13.  (Varro,  1.  c.)— 14.  (Suet.,  Octav.,  c.  6.)— 15.  (Amph.,  I., 
i.,  4.)— 16.  (vi.,9.)— 17  (De  Re  Rust.,  c.  13.)— 18.  (i.,  20.) — 19. 
ixji.,  50.) 


ate  at  the  top  of  the  house.1  Our  expression  a 
bring  up  the  wine,  the  Latin  one  is  bring  rioicn.* 
The  Romans  had  no  such  places  as  wine  cellars,  in 
the  notion  conveyed  by  our  term,  that  is,  undei 
ground  cells  ;  for  when  the  wine  had  not  sufficient 
body  to  be  kept  in  the  cella  vinaria,  it  was  put  into 
casks  or  pig  skins,  which  were  buried  in  the  ground 
itself.3  For  an  account  of  the  cella  vinaria,  consult 
Pliny,*  Vitruvius,5  and  Columella.' 

The  slave  to  whom  the  charge  of  these  stores 
was  intrusted  was  called  ccllarius,''  or  promus*  or 
condus,  "  quia  promit  quod  conditum  est,"*  and 
sometimes  promus  -  condus  and  procurator  pent.16 
This  answers  to  our  butler  and  housekeeper. 

Any  number  of  small  rooms  clustered  together 
like  the  cells  of  a  honeycomb11  were  also  termed 
cella ;  hence  the  dormitories  of  slaves  and  menials 
are  called  cella,™  and  cella  familiarica,13  in  distinc- 
tion to  a  bedchamber,  which  was  cubiculum.  Thus 
a  sleeping-room  at  a  public  house  is  also  termed  cel- 
la.z*  For  the  same  reason,  the  dens  in  a  brothel  are 
cella.15  Each  female  occupied  one  to  herself,16  over 
which  her  name  was  inscribed  ;17  hence  cella  inscrip- 
ta  means  a  brothel.18  Cella  ostiarii,19  or  janitoris,*9 
is  the  porter's  lodge. 

In  the  baths,  the  cella  caldaria,  tepidaria,  and 
frigidaria  were  those  which  contained  respectively 
the  warm,  tepid,  and  cold  bath.     {Vid.  Baths.) 

The  interior  of  a  temple,  that  is,  the  part  inclu- 
ded within  the  outside  shell,  onuoe  (see  the  lower 
woodcut  in  Ant^e),  was  also  called  cella.  There 
was  sometimes  more  than  one  cella  within  the  same 
peristyle  or  under  the  same  roof ;  in  which  case 
they  were  either  turned  back  to  back,  as  in  the 
Temple  of  Rome  and  Venus,  built  by  Hadrian  on 
the  Via  Sacra,  the  remains  of  which  are  still  visi- 
ble, or  parallel  to  each  other,  as  in  the  Temple  of 
Jupiter  Optimus  Maximus  in  the  Capitol.  In  such 
instances,  each  cell  took  the  name  of  the  deity 
whose  statue  it  contained,  as  Cella  Jovis,  Cella  Ju 
nonis,  Cella  Minervs.     (Vid.  Capitolium.) 

CELLA'RIUS.     (Vid.  Cella.) 

*CENCHRIS  (Keyxplc),  a  species  of  Hawk,  an- 
swering to  the  modern  Kestrel,  or  Falco  tinnunculus. 
(Vid.  Hierax.) 

♦CENCHROS  (Kiyxpoc),  I.  A  species  of  Grain, 
the  same,  according  to  the  best  authorities,  with 
Panicum  miliaceum,  or  Millet.21  —  II.  Called  also 
Cenchri'nes  (Keyxpivvc),  a  species  of  Serpent,  which 
some  confound  with  the  anovriac,  but  which  Gesner 
regards  as  a  different  kind.  "  It  is  more  probable, 
however,"  says  Adams,  "  that  both  were  mere  va- 
rieties of  the  Coluber  berus,  or  Viper.  I  may  men- 
tion here,  moreover,  that  the  C.  berus  and  the  C. 
prester  are  the  only  venomous  serpents  which  we 
have  in  Great  Britain,  and  that  many  naturalists 
hold  them  to  be  varieties  of  the  same  species."" 

CENOTA'PHIUM.  A  cenotaph  (nevoe  and  ru- 
<poc )  was  an  empty  or  honorary  tomb,  erected  as  a 
memorial  of  a  person  whose  body  was  buried  else- 
where, or  not  found  for  burial  at  all. 

Thus  Virgil  speaks  of  a  "  tumulus  inanis"  in 
honour  of  Hector,  "  Manesque  vocabat 

Hectoreum  ad  tumulum,  viridi  quern  cespite  inanem  ; 
Et  geminas,  causam  lacrymis,  sacraverat  aras."33 

1.  (Compare  Plin.,  Epist.,  ii.,  17,  with  Hor.,  Carm.,  III.,  xxviii , 
7.) — 2.  (Hor.  ad  Amphoram,  Carm.,  HI.,  xxi.,  7 :  "  Descende, 
Corvino  jubente.")— 3.  (Plin.,  H.  N.,  \iv.,  27.)— 4.  (l.c.)— 5.  (i„ 
4,  p.  25,  ed.  Bipont.— Id.,  vi.,  9,  p.  179.)— 6.  (Colum.,  i.,  6.)— 7. 
(Plaut.,  Capt.,  IV.,  ii.,  115.— Senec,  Ep.,  122  ;— 8.  (Colum  . 
xii.,  3.) — 9.  (Compare  Horat.,  Carm.,  I.,  ix.,  7  ;  III.,  xxi.,  8.) — 
10.  (Plaut.,  Pseud.,  II.,  ii.,  14.)— 11.  (Virg.,  Georg.,  iv.,164  )— 
12.  (Cic,  Phil.,  ii.,  27.— Columella,  i.,  6.)— 13.  (Vitruv.,  vj.,  10, 
p.  182.)— 14.  (Petron.,  c.  55  )— 15.  (Petron.,  c.  8.— Juv.,  Sat., 
vi.,  128.)— 16.  (Ibid.,  122.)— 17.  (Seneca,  Controv.,  i.,  2.)— 18 
(Mart.,  xi.,  45,  1.)— 19.  (Vitruv.,  vi.,  10.— Petron.,  c.  29.)— 20. 
(Suet.,  Vitell.,  c.  16.) — 21.  (Theophrast.,  viii.,  9. — Dioscor.,  ii., 
119.)— 22.  (Adams,  Append  s.  v.)— 23.  (J3n.,  iii.,  303.-  Cmu 
pare  Thucyd.,  ii.,  34.) 


CENSORES. 


CEJNSUS 


Uenotaphia  were  considered  as  religiosa,  and 
therefore  divini  juris,  till  a  rescript  of  the  emperors 
Antoninus  and  Verus,  the  divi  fratres,  pronounced 
them  not  to  be  so.1 

CENSO'RES,  two  magistrates  of  high  rank  in 
the  Roman  Republic.     They  were  first  created  B.C. 
442,  and  were  a  remarkable  feature  in  the  constitu- 
tion then  established.     They  were  elected  by  the 
curiae  and  confirmed  by  the  centuries  ;   and  thus 
were  not  merely  elected  from,  but  also  by  the  pa- 
tricians.    At  first  they  held  their  office  for  five 
years;  but  Mamercus  ./Emilius,  the  dictator,  passed 
a  law  in  B.C.  433,  by  which  the  duration  of  the 
office  was  limited  to  18  months,  the  election  still 
taking  place,  as  before,  at  intervals  of  five  years,  so 
that  the  office  was  vacant  for  three  years  and  a  half 
at  a  time.     The  censors  were  always  patricians  of 
consular  rank  till  B.C.  350,  when  a  plebeian,  C. 
Marcius  Rutilius,  who  had  also  been  the  first  plebe- 
ian dictator,  was  elected  to  the  office.   Subsequently, 
the  censors  might  be,  both  of  them,  plebeians,  and 
even  persons  who  had  not  filled  the  consulship  or 
praetorship  might  he  elected  to  this  magistracy  ;  but 
this  was  very  uncommon,2  and  was  put  a  stop  to 
after  the  second  Punic  war.     The  censorship  was 
merged  in  the  imperial  rank.     The  duties  of  the 
censors  were,  at  the  first,  to  register  the  citizens 
according  to  their  orders,'  to  take  account  of  the 
property  and  revenues  of  the  state  and  of  the  public 
works,  and  to  keep  the  land-tax  rolls.     In  fact,  they 
constituted  an  exchequer-chamber  and  a  board  of 
works.3     It  was  the  discretionary  power  with  which 
they  were  invested  that  gave  them  their  high  dig- 
nity and  influence.     As  they  drew  up  the  lists  of 
Roman  citizens,  according  to  their  distribution  as 
senators,  equites,  members  of  tribes,  and  aerarians, 
and  as  their  lists  were  the  sole  evidence  of  a  man's 
position  in  the  state,  it  of  course  rested  with  them 
to  decide  all  questions  relative  to  a  man's  political 
rank.     And  thus  we  find  that,  in  effect,  they  could, 
if  they  saw  just  cause,  strike  a  senator  off*  the  list, 
deprive  an  eques  of  his  horse,  or  degrade  a  citizen 
to  the  rank  of  the  aerarians.     The  offences  which 
rendered  a  man  liable  to  these  degradations  were, 
ill  treatment  of  his  family,  extravagance,  following 
a  degrading  profession,  or  not  properly  attending  to 
his  own,  or  having  incurred  a  judicium  turpe*  The 
power  of  the  censors  even  extended  to  a  man's 
property.     Every  citizen  was  obliged  to  give  in  to 
the  censors  a  minute  and  detailed  account  of  his 
property,  which  was  taken  down  in  writing  by  the 
notaries,  so  that,  as  Niebuhr  says,  there  must  have 
been  an  enormous  quantity  of  such  documents  and 
reports  in  the  register-office.5    But  the  censors  had 
unlimited  power  in  estimating  the  value  or  fixing 
the  taxable  capital :  thus  cases  are  known  in  which 
they  rated  the  taxable  value  of  some  articles  of 
property,  as  high-priced  slaves,  at  ten  times  the 
purchase-money.6    And  they  not  only  did  that,  but 
even  fixed  the  rate  to  be  levied  upon  it.    The  cen- 
sors also  managed  the  farming  of  the  vcctigalia  or 
standing  revenues,  including  the  state  monopoly  on 
salt,  the  price  of  which  was  fixed  by  them.7    They 
also  agreed  with  contractors  for  the  necessary  re- 
pairs of  the  public  buildings  and  roads.     The  care 
of  the  temples,  &c,  devolved  on  the  praetor  urbanus 
when  there  was  no  censor ;  but  there  does  not  ap- 
pear .o  be  any  reason  for  concluding,  with  Niebuhr,8 
that  the  offices  of  praetor  and  censor  were  ever 
combined.     The  censor  had  all  the  ensigns  of  con- 
sular dignity  except  the  lictors,  and  wore  a  robe 
entirely  scarlet.9     If  a  censor  died  in  office,  he  was 


not  replaced,  and  his  colleague  resigned.1     A  cec 
sor's  funeral  was  always  very  magnificent.'-     (Foi 
farther  details  with  regard  to  the  censors,  see  Nie- 
buhr, Hist.  Rom.,  ii.,  p.  324,  &c,  and  Arnold.  Hist 
Rom.,  i.,  p.  346,  &c.) 

CENSUS,  or  register  of  persons  and  property, 
constituted  a  man's  actual  claim  to  the  rights  oi 
citizenship  both  in  Greece  and  at  Rome. 

I.  The  Census  at  Athens  seems  to  date  from  the 
constitution  of  Solon.     This  legislator  made  four 
classes  (TLur}{j.ara,  Ttln).     1.  Pentacosiomcdimni,  or 
those  who  received  500  measures,  dry  or  liquid, 
from  their  lands.     2.  Knights,  who  had  an  income 
of  300  measures.     3.  Zeugitce,  whose  income  was 
150   measures.     4.    Thetes,  or  capite  censi.     The 
word  rifiv/ia,  as  used  in  the  orators,  means  the  val- 
uation of  the  property;  i.  e.,  not  the  capital  itself, 
but  the  taxable  capital.8    Now  if  the  valuation  of 
the  income  was  that  given  in  the  distribution  of  the 
classes  just  mentioned,  it  is  not  difficult  to  get  at 
the  valuation  of  the  capital  implied.     Solon  reckon- 
ed the  dry  measure,  or  medimnus,  at  a  drachma.4 
Now  it  is  probable  that  the  income  was  reckoned 
at  a  twelfth  part  of  the  value  of  the  land,  on  the 
same  principle  which  originated  the  unciarium  fce- 
nus,  or  8^  per  cent,  at  Rome  ;5  if  so,  the  landed  prop- 
erty of  a  pentacosiomedimnus  was  reckoned  at  a  tal- 
ent, or  12x500=6000  drachmas;  that  of  a  knight 
at  12x300=3600  dr. ;  and  that  of  a  zeugites  at  12  X 
150=1800  drachmas.     In  the  first  class  the  whole 
estate  was  considered  as  taxable  capital ;   but  in 
the  second  only  •§ ths,  or  3000  drachmas  ;  and  in  the 
third,  fths,  or  1000  drachmas  ;  to  which  Pollux  al- 
ludes when  he  says,  in  his  blundering  way,  that  the 
first  class  expended  one  talent  on  the  public  ac- 
count; the  second,  30  minas  ;  the  third,  10  minas; 
and  the  thetes,  nothing.     In  order  to  settle  in  what 
class  a  man  should  be  entered  on  the  register  (ano- 
ypafyrj),  he  returned  a  valuation  of  his  property,  sub- 
ject, perhaps,  to  the  check  of  a  counter-valuation 
(viroTLurjoic).     The  valuation  was  made  very  fre- 
quently ;  in  some  states,  every  year  ;  in  others,  ev- 
ery two  or  four  years.6    The  censors,  who  kept  the 
register  at  Athens,  were  probably  at  first  the  nau- 
crari,  but  afterward  the  demarchs  performed  the  of- 
fice of  censor.     Although  this  institution  of  Solon's 
seems  particularly  calculated  for  the  imposition  of 
the  property-tax  {eiayopd),  Thucydides,7  speaking 
of  the  year  428  B.C.,  says  that  it  was  then  that  the 
Athenians  first  raised  a  property-tax  of  200  talents. 
It  seems,  however,  that  the  amount  of  the  tax  con- 
stituted its  singularity  ;  for  certainly  property-taxes 
were  common  not  only  in  Athens,  but  in  the  rest  of 
Greece,  before  the  Peloponnesian  war,8  and  Anti- 
pho  expressly  says  that  he  contributed  to  many  of 
them.9     In  the  archonship  of  Nausinicus  (Olym. 
100,  3  ;  B.C.  378)  a  new  valuation  of  property  took 
place,  and  classes  (avfifiopiai)  were  introduced  ex- 
pressly for  the  property-taxes.    The  nature  of  these 
classes,  our  knowledge  of  which  principally  depends 
on  a  note  of  Ulpian,10  is  involved  in  considerable  ob- 
scurity.11    Thus  much,  however,  may  be  stated, 
that  they  consisted  of  1200  individuals,  120  from 
each  of  the  ten  tribes,  who,  by  way  of  a  sort  of  lit- 
urgy, advanced  the  money  for  others  liable  to  the 
tax,  and  got  it  from  them  by  the  ordinary  legal  pro- 
cesses.    In  a  similar  manner  classes  were  subse- 
quently formed  for  the  discharge  of  another  and 
more  serious  liturgy,  the  trierarchy  ;  and  the  strat- 
egi,  who  nominated  the  trierarchs,  had  also  to  form 

1.  (Liv.,  xxiv.,  43.)— 2.  (Tacit.,  Ann.,  iv.,  15  )— 3.  (Bockh, 
Pub.  Econ.  of  Athens,  ii.,  p.  270.)— 4.  (Plut.,  Sol.,  23.)— 5.  (Nie- 
buhr, Hist.  Rom.,  hi.,  p.  66.)— 6.  (Aristot.,  Pol.,  v.,  8.)— 7.  (in  , 
19.)— 8.  (Thucvd.,  i.,  141.)— 9.  (Tetral.,  i.,  /?.  12.— Vid.  Titt- 
mann,  Darstell.  d.  Griech.  Stnatsverf.,  p.  4].)— 10.  (ad  De- 
mosth.,  Olynth.,  ii.,  p.  33,  E.)— 11.  (Vid.  the  ^discussion  in 
Bockh's  Public  Economy  of  Athens,  ii.,  p.  2S5-307.) 

22a 


CENTRITE. 


CENTUMVIRI. 


tne  symmorias  for  the  property  taxes.1  "What  we 
have  here  said  of  the  census  at  Athens  renders  it 
unnecessary  to  speak  of  the  similar  registrations  in 
other  states  of  Greece.  When  the  constitution  es- 
sentially depended  on  this  distribution  according  to 
property,  it  was  called  a  timocracy,  or  aristocracy 
of  property  (rifiOKpaTia,  utto  Ti/j,7]fj.dro)v  TcoXiTeia). 

II.  The  Census  at  Rome  took  place  every  five 
years,  and  was  attended  by  a  general  purification, 
whence  this  period  of  time  got  the  name  of  a  lus- 
trum. The  census  was  performed  in  the  Campus, 
where  the  censors  sat  in  their  curule  chairs,  and 
cited  the  people  to  appear  before  them,  and  give  an 
account  of  their  property.  When  the  census  was 
finished,  one  of  the  censors  offered  an  expiatory 
sacrifice  (lustrum  condidit)  of  swine,  sheep,  and  bul- 
locks (hence  called  suovetaurilia),  by  which  the  city 
was  supposed  to  be  purified.  The  census  origina- 
ted, like  that  of  Athens,  in  a  distribution  of  the  cit- 
izens into  classes  at  the  comitia  centuriata,  which 
distribution  is  attributed  to  Servius  Tullius.  (Vid. 
Comitium.)  But  this  old  constitution  was  never 
completely  established,  was  very  soon  overthrown, 
and  only  gradually  and  partially  restored.  There 
was  a  considerable  difference  between  the  modes 
of  valuation  at  Rome  and  Athens.  In  the  latter 
city,  as  we  have  seen,  the  whole  property  was  val- 
ued ;  but  the  taxable  capital  seldom  amounted  to 
more  than  a  part  of  it,  being  always  much  smaller 
in  the  case  of  the  poorer  classes.  Whereas  at 
Rome  only  res  mancipi  were  taken  into  the  account, 
estates  in  the  public  domains  not  being  returned  to 
the  censors,2  and  some  sorts  of  property  were  rated 
at  many  times  their  value ;  nor  was  any  favour 
shown  to  the  poorer  classes  when  their  property, 
however  small,  came  within  the  limits  of  taxation. 
The  numbers  of  persons  included  in  the  censuses 
which  have  come  down  to  us,  comprehend  not  only 
the  Roman  citizens,  but  also  all  the  persons  con- 
nected with  Rome  in  the  relation  of  isopolity  ;  they 
refer,  however,  only  to  those  of  man's  estate,  or 
pble  to  bear  arms.3 

*CENTAUREA  or  -EUM  (tcevravpiov  and  -ig), 
the  herb  Centaury,  so  called  from  the  Centaur  Chi- 
ron, who  was  fabled  to  have  been  thereby  cured  of 
a  wound  accidentally  inflicted  by  an  arrow  of  Her- 
cules.4 It  was  also,  from  this  circumstance,  styled 
Chiroriia  and  Xeipuvog  pi£a.5  There  are  two  kinds 
of  Centaury,  the  greater  and  the  less,  which  have 
no  other  similitude  than  in  the  bitterness  of  their 
taste.  The  less  is  also  called  Tapvalov,6  from  its 
loving  moist  grounds.  "  It  grows  wild  in  England," 
says  Martyn,  "in  many  places,  and  is  the  best 
known.  The  greater  is  cultivated  in  gardens."7 
The  aevravpiov  fiiya  is  referred  by  Sprengel  and 
Matthiolus  to  the  Centaurea  Centaurium,  L.,  and  k. 
uiKpov  to  the  Erythrea  Centaurium,  Pers.  Stack- 
house  makes  the  k.  of  Theophrastus  to  be  the  Cen- 
taurea Centaurium*  The  less  is  called  in  Greece, 
at  the  present  day,  Qep/ioxoprov.  Sibthorp  found  it 
everywhere  in  Greece  in  the  level  country.9 

*CENTRISCUS  (KevrpccKog),  a  species  of  fish 
mentioned  by  Theophrastus.  According  to  Wil- 
loughby,  it  was  a  species  of  Gasterosteus,  called  in 
English  Stickleback  or  Barnstackle.10 

*CENTRITE  (KevrplTTi),  a  species  of  fish  men- 
tioned by  iElian,  and  called  Kevrpcvrj  by  Athenaeus 
and  Oppian.  It  is  the  Squalus  Centrina,  in  Italian 
Pesce  porco.  Rondelet  says  it  has  some  resem- 
blance to  a  sow,  and  delights  in  filth.11 


1.  (Demosth.,  ad  Boeot.,  p.  997, 1.)— 2.  (Niebuhr,  Hist.  Rom., 
i.,  p.  446.)— 3.  (Vid.  Niebuhr,  Hist.  Rom.,  ii.,  p.  76.)— 4.  (Plin., 
H.  N.,  xxv.,  6.)— 5.  (Nicand.,  Ther.,  500.)— 6.  (Dioscor.,  iii.,  8, 
9.) — 7.  (ad  Virg.,  Georg.,  iv.,  270.)— 8.  (Adams,  Append.,  s.  v.) 
— 9.  (Billerbeck,  Flora  Classica,  p.  52.) — 10.  (Adams,  Append., 
i  v^ — 11.  (^Elian.  N.  A.,  i.,  55  ii  8 — Adams,  Append.,  s.  v.) 
230 


*CENTROMYRRH'INE  (Kevrpopvfaivn),  tne 
Ruscus  Aculeatus,  common  Knee-holly,  or  Butch- 
er's Broom.  The  Greek  name  means  "  prickly  myr- 
tle." Another  appellation  is  Oxymyrsine  (b^vfivpal- 
vrj),  or  "  sharp-pointed  myrtle."  Dioscorides,  again, 
describes  this  same  plant  under  the  name  of  fivpaivrj 
aypia,  or  "wild  myrtle."  He  says  the  leaves  are 
like  those  of  myrtle,  but  broader,  pointed  like  a  spear, 
and  sharp.  The  fruit  is  round,  growing  on  the  mid- 
dle of  the  leaf,  red  when  ripe,  and  having  a  bony 
kernel.  Many  stalks  rise  from  the  same  root,  a 
cubit  high,  bending,  hard  to  break,  and  full  of  leaves. 
The  root  is  like  that  of  dog's  grass,  of  a  sour  taste, 
and  bitterish.  "  The  Butcher's  Broom  is  so  called," 
observes  Martyn,  "because  our  butchers  make  use 
of  it  to  sweep  their  stalls.  It  grows  in  woods  and 
bushy  places.  In  Italy  they  frequently  make  brooms 
of  it."1 

CENTU'MVIRI.  The  origin,  constitution,  and 
powers  of  the  court  of  centumviri  are  exceedingly 
obscure,  and  it  seems  almost  impossible  to  combine 
and  reconcile  the  various  passages  of  Roman  wri- 
ters, so  as  to  present  a  satisfactory  view  of  this 
subject.  The  essay  of  Hollweg,  Ueber  die  Compen- 
tenz  des  Centumviralgerichts*  and  the  essay  of  Ti* 
gerstrom,  De  Judicibus  apud  Rumanos,  contain  all 
the  authorities  on  this  matter;  but  these  two  es- 
says by  no  means  agree  in  all  their  conclusions. 

The  centumviri  were  judices,  who  resembled  oth- 
er judices  in  this  respect,  that  they  decided  cases 
under  the  authority  of  a  magistratus  ;  but  they  dif- 
fered from  other  judices  in  being  a  definite  body  or 
collegium.  This  collegium  seems  to  have  been  di- 
vided into  four  parts,  each  of  which  sometimes  sat 
by  itself.  The  origin  of  the  court  is  unknown  ;  but 
it  is  certainly  prior  to  the  Lex  iEbutia,  which  put 
an  end  to  the  legis  actiones,  except  in  the  matter 
of  Damnum  Infectum,  and  in  the  causa?  centumvi- 
rales.3  According  to  Festus,*  three  were  chosen 
out  of  each  tribe,  and,  consequently,  the  whole  num- 
ber out  of  the  35  tribes  would  be  105,  who  in  round 
numbers  were  called  the  hundred  men ;  and  as 
there  were  not  35  tribes  till  241  B.C.,  it  has  been 
sometimes  inferred  that  to  this  time  we  must  assign 
the  origin  of  the  centumviri.  But,  as  it  has  been 
remarked  by  Hollweg,  we  cannot  altogether  rely  on 
the  authority  of  Festus,  and  the  conclusion  so  drawn 
from  his  statement  is  by  no  means  necessary.  If 
the  centumviri  were  chosen  from  the  tribes,  this 
seems  a  strong  presumption  in  favour  of  the  high 
antiquity  of  the  court. 

The  proceedings  in  this  court,  in  civil  matters, 
were  per  legis  actionem,  and  by  the  sacramentum. 
The  process  here,  as  in  the  other  judicia  privata, 
consisted  of  two  parts,  in  jure,  or  before  the  praetor, 
and  in  judicio,  or  before  the  centumviri.  The  prae- 
tor, however,  did  not  instruct  the  centumviri  by  the 
formula,  as  in  other  cases,  which  is  farther  explain- 
ed by  the  fact  that  the  prastor  presided  in  the  ju- 
dicia centumviralia.6 

It  seems  pretty  clear  that  the  powers  of  the  cen- 
tumviri were  limited  to  Rome,  or,  at  any  rate,  tc 
Italy.  Hollweg  maintains  that  their  powers  were 
also  confined  to  civil  matters ;  but  it  is  impossible 
to  reconcile  this  opinion  with  some  passages,6  from 
which  it  appears  that  crimina  came  under  their 
cognizance.  The  substitution  of  aut  for  ut  in  the 
passage  of  Quintilian,7  even  if  supported  by  good 
MSS.,  as  Hollweg  affirms,  can  hardly  be  defended. 

The  civil  matters  which  came  under  the  cogni- 
zance of  this  court  are  not  completely  ascertained. 

1.  fTheophrast.,  H.  P.,  iii.,  17. — Martyn,  ad  Virg.,  Georg.,  ii., 
413.)— 2.  (Zeitschrift,  &c,  v.,  358.)— 3.  (Gaius,  iv.,  31.— GelL. 
xvi.,  10.)— 4.  (s.  v.  Centumviralia  Judicia.) — 5.  (Plin.,  Epist., 
v.,  21.)— 6.  (Ovid,  Tnst.,  ii.,  91.— Phoedr.,  III.,  x.,  35,  &c.)— 7 
(Inst.,  iv.,  1,  57.) 


CENTUMVIKX 


CENTURIO. 


Many  of  them  (though  we  have  no  reason  for  say- 
ing all  of  them)  are  enumerated  by  Cicero  in  a  well- 
known  passage.1  Hollweg  mentions  that  certain 
matters  only  came  under  their  cognizance,  and  that 
other  matters  were  not  within  their  cognizance ; 
and,  farther,  that  such  matters  as  were  within  their 
cognizance  were  also  within  the  cognizance  of  a 
single  judex.  This  writer  farther  asserts  that  ac- 
tiones  in  rem,  or  vindicationes  of  the  old  civil  law 
(with  the  exception,  however,  of  actiones  praejudici- 
ales  or  status  quaestiones),  could  alone  be  brought  be- 
fore the  centumviri ;  and  that  neither  a  personal  ac- 
tion, one  arising  from  contract  or  delict,  nor  a  status 
quaestio,  is  ever  mentioned  as  a  causa  centumviralis. 
It  was  the  practice  to  set  up  a  spear  in  the  place 
where  the  centumviri  were  sitting,  and,  accordingly, 
the  word  hasta,  or  hasta  centumviralis,  is  sometimes 
used  as  equivalent  to  the  words  judicium  centumvi- 
rale.3  The  spear  was  a  symbol  of  quiritarian  own- 
ership :  for  "  a  man  was  considered  to  have  the 
best  title  to  that  which  he  took  in  war,  and,  accord- 
ingly, a  spear  is  set  up  in  the  centumviralia  judicia."3 
Such  was  the  explanation  of  the  Roman  jurists  of 
the  origin  of  an  ancient  custom,  from  which,  it  is  ar- 
gued, it  may  at  least  be  inferred,  that  the  centum- 
viri had  properly  to  decide  matters  relating  to  qui- 
ritarian ownership,  and  questions  connected  there- 
with. 

It  has  been  already  said  that  the  matters  which 
belonged  to  the  cognizance  of  the  centumviri  might 
also  be  brought  before  a  judex ;  but  it  ss  conjec- 
tured by  Hollweg  that  this  was  not  the  case  till 
after  the  passing  of  the  iEbutia  Lex.  He  consid- 
ers that  the  court  of  the  centumviri  was  established 
in  early  times,  for  the  special  purpose  of  deciding 
questions  of  quiritarian  ownership  j^and  the  impor- 
tance of  such  questions  is  apparent,  when  we  con- 
sider that  the  Roman  citizens  were  rated  accord- 
ing to  their  quiritarian  property ;  that  on  their  ra- 
ting depended  their  class  and  century,  and,  conse- 
quently, their  share  of  power  in  the  public  assem- 
blies. No  private  judex  could  decide  on  a  right 
which  might  thus  indirectly  affect  the  caput  of  a 
Roman  citizen,  but  only  a  tribunal  elected  out  of 
all  the  tribes.  Consistently  with  this  hypothesis, 
we  find  not  onty  the  rei  vindicatio  within  the  juris- 
diction of  the  centumviri,  but  also  the  hereditatis 
petitio  and  actio  confessoria.  Hollweg  is  of  opin- 
ion that,  with  the  iEbutia  Lex,  a  new  epoch  in  the 
history  of  the  centumviri  commences ;  the  legis  ac- 
tiones were  abolished,  and  the  formula  (vid.  Actio) 
was  introduced,  excepting,  however,  as  to  the  causa 
centumvirales*  The  formula  is  in  its  nature  adapt- 
ed only  to  personal  actions,  but  it  appears  that  it 
was  also  adapted  by  a  legal  device  to  vindicationes ; 
and  Hollweg  attributes  this  to  the  iEbutia  Lex,  by 
which  he  considers  that  the  twofold  process  was 
introduced  :  1.  per  legis  actionem  apud  centumvi- 
ros ;  2.  per  formulam  or  per  sponsionem  before  a 
judex.  Thus  two  modes  of  procedure  in  the  case 
of  actiones  in  rem  were  established,  and  such  ac- 
tions were  no  longer  exclusively  within  the  juris- 
diction of  the  centumviri. 

Under  Augustus,  according  to  Hollweg,  the  func- 
tions of  the  centumviri  were  so  far  modified,  that 
the  more  important  vindicationes  were  put  under  the 
cognizance  of  the  centumviri,  and  the  less  impor- 
tant were  determined  per  sponsionem  and  before  a 
judex.  Under  this  emperor  the  court  also  resumed 
its  former  dignity  and  importance  5 

The  younger  Pliny,  who  practised  in  this  court,6 
makes  frequent  allusions  to  it  in  his  letters. 


1.  (De  Orat.,  i.,  38.)— 2.  (Suet.,  Octav.,  36.— Quintil.,  Inst., 
v.,  2,$  1.)— 3.  (Gaius,  iv.,  16.)— 4.  (Gaius,  iv.,  30,  31.— Gell., 
xvi.,  10  j— 5.  (Dial.  De  Caus.  Corrupt.  Eloq.,  c.  38.)— 6.  (Ep 
■i.,  14.) 


The  foregoing  notice  is  founded  on  Hollweg  s  in 
genious  essay ;  his  opinions  on  some  points,  how- 
ever, are  hardly  established  by  authorities.  Those 
who  desire  to  investigate  this  exceedingly  obscure 
matter  may  compare  the  two  essays  cited  at  the 
head  of  this  article. 

CENTU'RIA.     (Vid.  Centurio,  Comitium.) 

CENTU'RIO,  the  commander  of  a  company  of 
infantry,  varying  in  number  with  the  legion.  If 
Festus  may  be  trusted,  the  earlier  form  was  ccntu- 
rionus,  like  decurio,  decurionus.  Quintilian1  tells  us 
that  the  form  chenturio  was  found  on  ancient  in- 
scriptions, even  in  his  own  times. 

The  century  was  a  military  division,  correspond- 
ing to  the  civil  one  curia ;  the  centurio  of  the  one 
answered  to  the  curio  of  the  other.  From  analogy, 
we  are  led  to  conclude  that  the  century  originally 
consisted  of  thirty  men,  and  Niebuhr  thinks  that 
the  influence  of  this  favoured  number  may  be  traced 
in  the  ancient  array  of  the  Roman  army.  In  later 
times  the  legion  (not  including  the  velites)  was  com- 
posed of  thirty  maniples  or  sixty  centuries  :2  as  its 
strength  varied  from  about  three  to  six  thousand, 
the  numbers  of  a  century  would  vary  in  proportion 
from  about  fifty  to  a  hundred. 

The  duties  of  the  centurion  were  chiefly  confined 
to  the  regulations  of  his  own  corps,  and  the  care  of 
the  watch.3  He  had  the  power  of  granting  vaca- 
tioncs  munerum,  remission  of  service  to  the  private 
soldiers,  for  a  sum  of  money.  The  exactions  on 
this  plea  were  one  cause  of  the  sedition  in  the  army 
of  Blaesus,  mentioned  by  Tacitus.4  The  vitis  was 
the  badge  of  office  with  which  the  centurion  pun- 
ished his  men.5  The  short  tunic,  as  Quintilian* 
seems  to  imply,  was  another  mark  of  distinction  : 
he  was  also  known  by  letters  on  the  crest  of  the 
helmet.7  The  following  woodcut,  taken  from  a  bas- 
relief  at  Rome,  represents  a  centurio  with  the  vitis 
in  one  of  his  hands. 


The  centurions  were  usually  elected  by  the  mili- 
tary tribunes,8  subject,  probably,  to  the  confirmation 
of  the  consul.  There  was  a  time,  according  to 
Polybius,9  when  desert  was  the  only  path  to  milita- 
ry rank;  but,  under  the  emperors,  centurionships 
were  given  away  almost  entirely  by  interest  or  per- 
sonal friendship.  The  father  in  Juvenal10  awakes 
his  son  with  Vitem  posce  libello,  "petition  for  the 
rank  of  centurion  ;"  and  Pliny11  tells  us  that  he  had 
made  a  similar  request  for  a  friend  of  his  cwn, 
"  Huic  ego  ordines  impetraveram."13  Dio  Cassius,18 
when  he  makes  Maecenas  advise  Augustus  to  fill  up 
the  senate,  ek  tuv  an'  apxf/c  haTovTapxv^VT(Jvt 
seems  to  imply  that  some  were  appointed  to  this 

1.  (i.,  5,  20.)— 2.  (Tacit.,  Ann.,  i.,  32.)— 3.  (Tacit.,  Ann.,  xv 
30.)^.  (Ann.,  i.,  17.)— 5.  (Juv.,  Sat.,  viii.,  247.— Plin.,  H.  N., 
xiv.,  1.)— 6.  (xi.,  139.)— 7.   (Veget.,  ii.,  13.)— 8.  (Liv.,  xlii.,  34.) 
—9.  (vi.,  24.)— 10.  (Sat.,  xiv.,  193.)— 11.  (Epist.,  vi.,  23.)— 12 
(Compare  Vejretius,  ii.,  3.)— 13.  (Hi.,  p.  481,  c.) 

231 


CEPHALUS. 


CERASUS 


*ank  at  once,  without  previously  serving  in  a  lower 
capacity. 

Poly  bius,  in  the  fragments  of  the  6th  book,  has 
left  an  accurate  account  of  the  election  of  centuri- 
ons. "  From  each  of  the  divisions  of  the  legion," 
i.  e.,  hastati,  principes,  triarii,  "  they  elect  ten  men 
in  order  of  merit  to  command  in  their  own  division. 
After  this,  a  second  election  of  a  like  number  takes 
place,  in  all  sixty,  who  are  called  centurions  (ra%i- 
apxoi,  i.  e.,  ordinum  ductorcs).  The  centurions  of 
the  first  election  usually  command  the  right  of  the 
maniple  ;  but  if  either  of  the  two  is  absent,  the 
whole  command  of  the  maniple  devolves  on  the 
other.  All  of  them  elect  their  own  uragi  (optiones), 
and  two  standard-bearers  for  each  maniple.1  He 
who  is  chosen  first  of  all  is  admitted  to  the  councils 
of  the  general  (primipilus)." 

From  the  above  passage  (which  is  abridged  in  the 
translation),  it  appears  that  the  centurion  was  first 
chosen  from  his  own  division.  He  might,  indeed, 
rise  from  commanding  the  left  of  the  maniple  to 
command  the  right,  or  to  a  higher  maniple,  and  so 
on,  from  cohort  to  cohort,  until  the  first  centurion 
of  the  principes  became  primipilus  ;2  but  it  was  only 
extraordinary  service  which  could  raise  him  at  once 
to  the  higher  rank.  Thus  Livy,3  "  Hie  me  imperator 
dignum  judicavit,  cui  primum  hastatum  prioris  centu- 
ries assignaret,"  i.  e.,  "  appointed  me  to  be  first  cen- 
turion (sc.  of  the  right  century)  in  the  first  maniple 
of  hastati." 

The  optiones,  according  to  Festus,  were  originally 
called  accensi :  they  were  the  lieutenants  of  the 
centurion  (probably  the  same  with  the  succenturiones 
of  Livy) ;  and,  according  to  Vegetius,*  his  deputies 
during  illness  or  absence.  Festus  confirms  the  ac- 
count of  Polybius,  that  the  optiones  were  appointed 
by  their  centurions,  and  says  that  the  name  was 
given  them  "  ex  quo  tempore  quern  velint  permissum 
est  centurionibus  optare." 

The  primipilus  was  the  first  centurion  of  the  first 
maniple  of  the  triarii,  also  called  "  princeps  centu- 
rionum,"  primi  pili  centurio.6  He  was  intrusted 
with  the  care  of  the  eagle,6  and  had  the  right  of  at- 
tending the  councils  of  the  general. 

"  Ut  locuplctem  aquilam  tibi  sexagesimus  annus 
Afferat," 

says  Juvenal,  hyperbolically  (for  military  service 
expired  with  the  fiftieth  year),  intimating  that  the 
rewards  were  large  for  those  who  could  wait  for 
promotion.  The  primipili  who  were  honourably 
discharged  were  called  primipilares. 

The  pay  of  the  centurion  was  double  that  of  an 
ordinary  soldier.  In  the  time  of  Polybius,7  the  lat- 
ter was  about  ten  denarii,  or  seven  shillings  and  a 
penny  per  month,  besides  food  and  clothing.  Under 
Domitian  we  find  it  increased  above  tenfold.  Ca- 
ligula cut  down  the  pensions  of  retired  centurions 
to  six  thousand  sesterces,  or  45Z.  17s.  6d.,  probably 
about  one  half.8 

*CEPA.     (Vid.  Cjepa.) 

♦CEP./EA  (i<nirata),  a  species  of  plant,  which 
Stephens  seeks  to  identify  with  the  Water  Purslain, 
but  which  Sprengel  holds  to  be  the  same  with  the 
Scdum  Ccpcea,  one  of  the  Houseleek  tribe.  In  this 
latter  opinion  Billerbeck  coincides.  Some,  howev- 
er, have  supposed  the  Cepsea  to  be  the  Anagallis 
aquatica  ( Veronica  anagallis),  or  Water  Speed- 
well.9 The  Cepaca  is  called  Kpo/i/xvov  by  the  mod- 
ern Greeks.10 

♦CEPHALUS  (ntyaloc),  the  Mullet.  Linnaeus 
and  several  of  his  successors  have  confounded  all 

1.  (Vid.  Liv.,  viii ,  8 J— 2.  (Veget.,  ii.,  8.)— 3.  (xlii.,  34.)— 4. 
(ii.,  7.)— 5.  (Liv.  .;,27.)— 6.  (Juv.,  Sat.,xiv.,  197.)— 7.  (Polyb., 
vi.,  37.)— 8.  (Suet.,  Calig.,  44.)— 9.  (Dioscor.,  hi.,  157.— Alston, 
Mat  Med.  —  Adams,  Append.,  s.  v.)  —  10.  (Billerbeck,  Flora 
Class?  ca,  p  115.) 
"232 


the  European  mullets  under  a  single  species,  then 
Mugil  Cephalus.  According  to  this  view  of  the 
subject,  the  ^eAAwv,  vrjaric,  /uvijivoe,  and  <pepaioc  of 
Athenaeus1  must  have  been  merely  varieties  of  it 
Cuvier,  however,  admits  several  species,  placing 
the  M.  Cephalus,  or  common  Mullet,  at  the  head. 
"  The  genus  Mugil,"  observes  Griffith,  "  is  suppo- 
sed to  derive  its  name  from  the  contraction  of  two 
Latin  words  signifying  '  very  agile'  (mulUm  agilis). 
The  hearing  of  the  common  Mullet  is  very  fine,  as 
has  been  noticed  by  Aristotle.  It  appears  to  be  of 
a  stupid  character,  a  fact  which  was  known  in  the 
time  of  Pliny,  since  that  author  tells  us  that  there  is 
something  ludicrous  in  the  disposition  of  the  mul- 
lets, for  if  they  are  afraid  they  conceal  their  heads, 
and  thus  imagine  that  they  are  entirely  withdrawn 
from  the  observation  of  their  enemies.  The  an- 
cients had  the  flesh  of  the  Mullet  in  great  request, 
and  the  consumption  of  it  is  still  very  considerable 
in  most  of  the  countries  of  Europe.  According  to 
Athenaeus,  those  mullets  were  formerly  in  very  high 
esteem  which  were  taken  in  the  neighbourhood  of 
Sinope  and  Abdera ;  while,  as  Paulus  Jovius  in- 
forms us,  those  were  very  little  prized  which  had 
lived  in  the  salt  marsh  of  Orbitello,  in  Tuscany,  in 
the  lagunes  of  Ferrara  and  Venice,  in  those  of 
Padua  and  Chiozzi,  and  such  as  came  from  the 
neighbourhood  of  Commachio  and  Ravenna.  All 
these  places,  in  fact,  are  marshy,  and  the  streams  by 
which  they  are  watered  are  brackish,  and  commu- 
nicate to  the  fish  which  they  support  the  odour  and 
the  flavour  of  the  mud."2  The  ancients  believed 
the  Mullet  to  be  a  very  salacious  kind  of  fish,  which 
circumstance  may,  perhaps,  have  given  rise  to  the 
custom  alluded  to  by  Juvenal.3 

*CEPHEN  (fcn<priv),  the  Drone,  or  male  Bee.  The 
opinion  that  the  male  bee  and  drone  were  identical 
^ras  maintained  by  some  of  the  ancient  naturalists 
also,  but  was  not  generally  received.  For  a  full 
exposition  of  the  ancient  opinions  on  this  subject, 
see  Aldrovandus.* 

*CEP'PHOS  (neirfoc),  a  species  of  Bird.  Eras- 
mus and  others  take  it  for  the  Gull  or  Sea-mew ; 
but,  as  Adams  remarks,  Aristotle  distinguishes  be- 
tween it  and  the  "kdpog.  It  may,  however,  as  the 
latter  thinks,  have  been  the  species  of  Gull  called 
Dung-hunter,  or  Larus  parasiticus,  L.  Ray  makes 
it  the  Cataracta  cepphus.5 

*CERACHA'TES  (n-npaxavne),  an  agate  of  the 
colour  of  wax  (avpoc),  mentioned  by  Pliny.  ( Vid: 
Achates.) 

♦CERASTES  {Kepaorrjc),  the  Horned  Serpent,  so 
called,  according  to  Isidorus,  because  it  has  horns 
on  its  head  like  those  of  a  ram.  Dr.  Harris  thinks 
that  it  was  a  serpent  of  the  viper  kind.  It  is  the 
Shephephcn  of  the  Hebrews.  "  Sprengel,"  remarks 
Adams,  "holds  it  to  be  the  same  as  the  Haemorrhus, 
referring  both  to  the  Coluber  Cerastes,  L. ;  and, 
from  the  resemblance  of  the  effects  produced  by  the 
sting  of  the  Haemorrhus,  and  of  the  Cerastes,  as  de- 
scribed by  Dioscorides,  Aetius,  and  Paulus  iEgine- 
ta,  I  am  disposed  to  adopt  this  opinion,  although 
unsupported  by  the  other  authorities."     (Vid.  Ai 

MORRHUS.)6 

♦CER'ASUS  (Kepaaoc),  the  Cherry-tree,  or  Pru~ 
nus  Cerasus,  L.  According  to  some  authorities, 
it  derived  its  name  from  the  city  of  Cerasus  in 
Pontus,  where  it  grew  very  abundantly  ;7  while 
others  make  the  city  to  have  been  called  after  the 
tree.8     Luculius,  the  Roman  commander,  is  said 


1.  (vii.,  c.  77,  seqq.)— 2.  (Griffith's  Cuvier,  vol.  x.,  p.  365.)— 3. 
(Sat.,  x.,  317.) — 4  (Adams,  Append.,  s.  v.)— 5.  (Aristot.,  II.  A. 
viii.,  5. — Adams,  Append.,  s.  v.)  —6.  (Isido1-.  Orig\,  xii.,  4,  18 
— Harris,  Nat.  Hist,  of  Bible,  p.  1. — Adams,  Append.,  s.  v.) — 5 
(Serv.  ad  Virg.,  Georg.,  ii.,  18.  —  Isidor.,  Orig.,  xvii.,  ""  *$.— 
Plin.,  H.  N.,  xv.,  25.)— 8.  (Broukhus.  ad  Propert.,  i\\.  V    '4  I 


CERCOPITHECUS. 


CEREVISIA. 


eo  have  first  brought  the  Cherry-tree  into  Italy,1 
and  hence  the  terms  cerasus  and  cerasum  (the  lat- 
ter signifying  the  fruit)  were  introduced  into  the 
Roman  tongue.  Servius,  indeed,  says2  that  cher- 
ries were  known  before  this  in  Italy ;  that  they 
were  of  an  inferior  quality,  and  were  called  coma  ; 
and  that,  subsequently,  this  name  was  changed  into 
corna-cerasa.  Pliny,  on  the  other  hand,  expressly 
denies  that  cherries  were  known  in  Italy  before 
the  time  of  Lucullus.3  In  Greece,  however,  they 
were  known  at  a  much  earlier  period,  having  been 
described  by  Theophrastus*  and  the  Siphnian  Di- 
phylus.5  This  latter  writer,  who  is  quoted  by 
Athenaeus,  speaks  of  cherries  as  being  stomachic, 
though  not  very  nutritive.  He  makes  the  very  red 
kind,  and  another  called  the  Milesian,  to  have  been 
the  best,  and  to  have  been  also  good  diuretics. 
Pliny  enumerates  various  species  of  cherries,  such 
as  the  Apronian,  of  a  very  red  colour  ;  the  Luta- 
tian,  of  a  very  dark  hue  ;  the  round  or  Caecilian  ; 
and  the  Junian,  of  an  agreeable  flavour,  but  so  ten- 
der that  they  had  to  be  eaten  on  the  spot,  not  bear- 
ing transportation  to  any  distance  from  the  parent 
tree.  The  best  kind  of  all,  however,  were  the  Du- 
racinian,  called  in  Campania-  the  Plinian.  The 
Cherry-tree  could  never  be  acclimated  in  Egypt.6 
According  to  modern  travellers,  the  hills  near  the 
site  of  ancient  Cerasus  are  still  covered  with  cher- 
ry-trees, growing  wild.7 

*CERATIA  (/ceparm),  the  Carob-tree,  or  Ccrato- 
nia  siliqua.  "  Horace,"  observes  Adams,  "  speaks 
of  Carob-nuts  as  being  an  inferior  kind  of  food ; 
and  so  also  Juvenal  and  Persius.  It  has  been  con- 
jectured that  it  was  upon  Carobs,  and  not  upon  Lo- 
custs, that  John  the  Baptist  fed  in  the  wilderness. 
This  point  is  discussed  with  great  learning  by  Olaus 
Celsius,  in  his  Hierobotanicon.  To  me  it  appears 
that  the  generally  received  opinion  is  the  more 
probable  one  in  this  case."8 

*CERAU'NION  (Kepavvtov),  a  variety  of  the 
Truffle,  or  Tuber  Cibarium.9 

♦CERCIS  (Kepdc),  according  to  Stackhouse,  the 
Judas-tree,  or  Cercis  siliquastrum.  Schneider,  how- 
ever, rather  inclines  to  the  Aspen-tree,  or  Populus 
tr emula  .1" 

♦CERCOPITHE'CUS  (KepKo^idjjKoc ),  a  species  of 
Monkey,  with  a  long  tail,  from  which  circumstance 
the  Greek  name  has  originated  {nepnoc,  "  a  tail," 
and  mdrjKoc,  "  a  monkey").11  Pliny  describes  the 
animal  as  having  a  black  head,  a  hairy  covering  re- 
sembling that  of  an  ass,  and  a  cry  different  from 
that  of  other  apes.  Hardouin  refers  it  to  the  Mar- 
mot, but  this  is  very  improbable.  Cuvier12  states, 
that  among  the  monkeys  in  India  there  are  some 
with  long  tails,  grayish  hair,  and  the  face  black  ;  as, 
for  example,  the  Simia  entellus  and  the  Simla  f an- 
nus. None,  however,  are  found,  according  to  him, 
in  this  same  country  with  grayish  hair,  and  the 
whole  head  black.13  On  the  other  hand,  Wilkin- 
son14 states  that  Pliny's  description  of  the  Cerco- 
pithecus,  with  a  black  head,  accords  with  one  spe- 
cies of  monkey  still  found  in  Ethiopia.  The  Cer- 
copithecus  was  worshipped,  according  to  Juvenal,15 
in  Thebes,  the  old  Egyptian  capital,  and,  as  Wilkin- 
son states,  would  seem  to  have  been  embalmed,  not 
only  in  that  city,  but  also  in  other  places  in  Egypt. 
It  was  frequently  represented  as  an  ornament  in 
necklaces,  in  common  with  other  animals,  flow- 
ers, and  fanciful  devices  ;  and  the  neck  of  a  bot- 

1.  (Isid.,  1.  c— Serv.,  1.  c— Plin.,  1.  c.)— 2.  (1.  c.)— 3.  (1.  c^ 
—4.  (H.  P.,  iii.,  15.) — 5.  (ap.  Athcn.,  ii.,  p.  51,  a.) — 6.  (Plii  , 
L  c.) — 7.  (Tournefort,  Voyage  du  Levant,  vol.  iii.,  p.  65.)— 8. 
(Dioscor.,  i.,  158.— Horst.,  Epist.,  II.,  i.,  123.— Juv.,  Sat.,  xi.,  59. 
— Pers.,  Sat.,  iii.,  55. — Adarns,  Append.,  s.  v.) — 9.  (Theophr.,  K. 
P.,i,9.)-10.  (Theophr.,  H.  P.,  iii.,  14.)— 11.  (II.  N.,  vm.,  21.) 
— 12  tad  Plin.,  1.  e.)— 13.  (Cuvier,  1.  o.)— 14.  (Manners  and  Cus- 
loiiia  of  rh"  R "\-[  tia.s,  voi.  v.,  p.  132  ) — 15.  (Sat.,  xv.,  4.) 
G  « 


tie  was  sometimes  decorated  with  two  sitting  mo* 
keys. 

CEREA'LIA.  This  name  was  given  to  a  festi- 
val celebrated  at  Rome  in  honour  of  Ceres,  whose 
wanderings  in  search  of  her  lost  daughter  Proser 
pine  were  represented  by  women,  clothed  in  white, 
running  about  with  lighted  torches.1  During  its 
continuance,  games  were  celebrated  in  the  Circus 
Maximus,2  the  spectators  of  which  appeared  in 
white  ;3  but  on  any  occasion  of  public  mourning, 
the  games  and  festivals  were  not  celebrated  at  all, 
as  the  matrons  could  not  appear  at  them  except  in 
white.*  The  day  of  the  Cerealia  -is  doubtful ; 
some  think  it  was  the  ides,  or  13th  of  April ;  others 
the  7th  of  the  same  month.6 

CEREVI'SIA,  CERVFSIA  (&doc),  ale  or  beer, 
was  almost  or  altogether  unknown  to  the  ancient, 
as  it  is  to  the  modern,  inhabitants  of  Greece  and 
Italy.  But  it  was  used  very  generally  by  the  sur- 
rounding nations,  whose  soil  and  climate  were  less 
favourable  to  the  growth  of  vines  (in  Gallia,  aliisque 
provinciis6).  According  to  Herodotus,7  the  Egyp- 
tians  commonly  drank  "barley-wine,"  to  which 
custom  iEschylus  alludes  (etc  npiduv  fiedv  :8  Pelusi- 
aci  pocula  zythi9).  Diodorus  Siculus10  says  that 
the  Egyptian  beer  was  nearly  equal  to  wine  in 
strength  and  flavour.  The  Iberians,  the  Thracians, 
and  the  people  in  the  north  of  Asia  Minor,  instead 
of  drinking  their  ale  or  beer  out  of  cups,  placed  it 
before  them  in  a  large  bowl  or  vase  (icpaTfjp),  which 
was  sometimes  of  gold  or  silver.  This  being  full 
to  the  brim  with  the  grains  as  well  as  the  ferment- 
ed liquor,  the  guests,  when  they  pledged  one  anoth- 
er, drank  together  out  of  the  same  bowl  by  stooping 
down  to  it ;  although,  when  this  token  of  friendship 
was  not  intended,  they  adopted  the  more  refined 
method  of  sucking  up  the  fluid  through  tubes  of 
cane.11  The  Suevi,  and  other  northern  nations, 
offered  to  their  gods  libations  of  beer,  and  expected 
that  to  drink  it  in  the  presence  of  Odin  would  be 
among  the  delights  of  Valhalla.12  Bpvrov,  one  of 
the  names  for  beer,13  seems  to  be  an  ancient  passive 
participle,  from  the  root  signifying  to  brew. 

*"For  an  account  of  the  ancient  Ales,"  says 
Adams,  "  consult  Zosimus  Panopolita,  de  Zythorum 
confcctione  (Salisbech,  1814,  ed.  Gruner).  The  word 
&doe  is  derived  from  few,  ferveo.  Ale  is  called 
olvoc  Kpidivoc  and  olvoc  en  npidtiv  by  Herodotus 
and  Athenaeus ;  irlvov  by  Aristotle ;  fipvrov  by 
Theophrastus,  iEschylus,  Sophocles,  &c.  ;  <povnac 
by  Symeon  Seth ;  but  its  first  and  most  ancient 
name  was  C,vdoc  or  (vdtov.  Various  kinds  of  Ale 
are  mentioned  by  ancient  authors  :  1.  The  Zythus 
Hordcaceus,  or  Ale  from  barley  ;  of  which  the  ntvov, 
fipvrov,  the  Curmi,  Curma,  Corma,  and  Curmon, 
mentioned  by  Sulpicius  and  Dioscoridee  ;  the  Cerc- 
visia,  a  term  of  Celtic  origin,  applied  to  an  ale  used 
by  the  Gauls  (compare  the  Welsh  crw) ;  the  dovnac 
of  Seth  ;  the  Alfoca  and  Fuca  of  the  Arabs,  noticed 
by  Symeon  Seth,  Rhases,  and  Haly  Abbas,  are  only 
varieties. —  2.  The  Zythus  triticeus,  or  Ale  from 
wheat.  To  this  belong  the  Ccelia  or  Ccria  of  Pliny, 
Florus,  and  Orosius,  and  the  Corma  of  Athenaeus. 14 
— 3.  The  Zythus  succedaneus,  prepared  from  grain  oi 
all  kinds,  oats,  millet,  rice,  panic,  and  spelt ;  also 
from  services  15 — 4.  The  Zythus  Dizythium,  or  Dou 
ble  Beer,  called  by  Symeon  Seth  <f>ovKae  avv  aprv- 


1.  (Ovid,  Fast.,  iv.,  494.)— 2.  (Tacit.,  Ann.,  xv.,  53.)— 3.  (Ovid, 
Fast.,  iv.,  620.)— 4.  (Liv.,  xxii.,  56  ;  xxxiv.,6.)— 5.  (Ovid,  Fast., 
iv.,  389.)— 8.  (Plin.,  II.  N.,  xxii.,  82.— Theophrast.,  De  Caus 
Plant.,  vi.,11.— Diod.  Sic,  iv.,2;  v.,  26.— Strab.,  XVII.,  ii.,5.— 
Tacit.,  Germ.,  23.)— 7.  (ii.,  77.)— 8    (Suppl     954.^—9.  (Colum., 
x.,  116.)— 10.  (i.,  20,  34.)— 11.  (Archil.,  Frag-.,  p.  67,  ed.  Lie- 
bel—  Xeu.,  Anab.,  iv.,  5,  26.— Athenitus,  i.,  25.— Virg.,  Georg. 
iii.,  380.— Servius,  ad  loc.)— 12.  (Keysler,  Antiq.  Septent.,  p 
150-156.)— 13.  (Archil.,  1.  c— Hellanicus,  p.  yi,  ed.  Sturtz.— 
Athemeus,  x„  67.)— 14.  (iv.,  36,  3.)— 15.  (Virg.,  Georg  ,  i»i 
380.) 


CERUCMI. 


CESTUS. 


uiiai  (Phucas  compositus).  This  was  a  stronger  kind 
of  Ale,  the  composition  of  which  is  unknown.  It 
does  not  appear  that  the  ancients  were  acquainted 
with  the  use  of  hops  (humulus  lupulus)  in  the  com- 
position of  tneir  ales."1 

*CERINTHA  or  -E  (unpivdy),  a  plant,  which 
Stackhouse  and  Sprengel  agree  in  identifying  with 
the  Honey-wort,  or  Cerinthe  aspera.  Virgil  speaks 
of  it  as  "  Cerinthce  ignobile  gramen"2  which  Mar- 
tyn  explains  by  saying  that  it  grows  common  in 
Italy.  It  is,  in  fact,  met  everywhere  in  Italy 
and  Sicily.  Philargyrius  says  it  derives  its  name 
from  Cerinthus,  a  city  of  Bceotia,  where  it  grew,  in 
ancient  times,  in  great  plenty ;  the  better  deriva- 
tion, however,  is  that  which  deduces  it  from  nnpiov, 
•'  a  honey-comb,"  because  the  flower  abounds  with 
a  sweet  juice  like  honey.  The  bees  were  very  fond 
of  it.3  It  must  not  be  confounded,  however,  with 
the  nrjpLvdoc  or  kpiddtcTi  mentioned  by  Aristotle, 
which  is  nothing  more  than  bees' -bread,,  being  com- 
posed of  the  pollen  of  vegetables  kneaded  with 
honey.  Botanical  writers  speak  of  two  kinds  of 
Cerintha,  the  Greater  and  the  Less,  the  latter  of 
which  is  the  rnteyiov  of  Dioscorides.  Sibthorp 
found  this  in  Greece  in  the  cultivated  grounds,  and 
particularly  among  the  vines  in  the  spring,  accord- 
ing in  this  with  the  account  given  by  Dioscorides.* 

CE'RNERE  HEREDITA'TEM.     (Vid.  Heres.) 

CERO'MA  (nr/popa)  was  the  oil  mixed  with  wax 
(Kvpoc)  with  which  wrestlers  were  anointed.  After 
they  had  been  anointed  with  this  oil,  they  were 
covered  with  dust  or  a  soft  sand ;  whence  Seneca8 
says,  "  A  ceromate  nos  haphe  (d^j?)  excepit  in  crypta 
Neapolitana." 

Ceroma  also  signified  the  place  where  wrestlers 
were  anointed  (the  elaothesium6),  and  also,  in  later 
times,  the  place  where  they  wrestled.  This  word 
is  often  used  in  connexion  with  palcestra,1  but  we  do 
not  know  in  what  respect  these  places  differed. 
Seneca9  speaks  of  the  ceroma  as  a  place  which  the 
idle  were  accustomed  to  frequent,  in  order  to  see  the 
gymnastic  sports  of  boys  (qui  in  ceromate  spectator 
puerorum.  rixantium  sedet).  Arnobius9  informs  us  that 
the  ceroma  was  under  the  protection  of  Mercury. 

CERTA'MINA.     (Fid.  Athlete.) 

CERTI,  INCERTI  ACTIO,  is  a  name  which  has 
been  given  by  some  modern  writers,  perhaps  with- 
out good  reason,  to  those  actions  in  which  a  deter- 
minate or  indeterminate  sum,  as  the  case  may  be, 
is  mentioned  in  the  formula  (condemnatio  certce  pe- 
tunia vel  incertce10). 

CERYKEION  (icnpvKEiov).     (Vid.  Caduceus.) 

CERU'CHI  (ttepovxot),  the  ropes  which  supported 
the  yard  of  a  ship,  passing  from  it  to  the  top  of  the 


1.  (Adams,  Append.,  s.  v.) — 2.  (Georg.,  iv.,  63.) — 3.  (Martyn 
Jul  Vir°-.,  1.  c.) — 4.  (Billerbeck,  Flora  Classica,  p.  40.)— 5.  (Ep., 
57.)_6.  (Vitruv.,  v.,  11.)— 7.  (Plin.,  H.  N.,  xxxv.,  2.)— 8.  (De 
T3rev.  Vit,  12.)— 9.  (Adv.  Gent.,  iii.,  23.)— 10.  (Gaius,  iv.,  49, 
dec.) 

23 


mast.  The  woodcut,  p.  62,  shows  a  vessel  with 
two  ceruchi.  In  other  ancient  monuments  we  see 
four,  as  in  the  annexed  woodcut,  taken  from  one  of 
the  pictures  in  the  MS.  of  Virgil,  which  was  given 
by  Fulvius  Ursinus  to  the  Vatican  library.  (Vid 
Antenna,  Carchesium.) 

*CERVUS,  the  Stag.  (Vid.  Elaphus.) 
*CERUSSA  (i>i[ivdLov),  White  Lead,  or  Plumbi 
sub-carbonas.  The  ancient  Ceruse,  like  the  mod- 
ern, was  prepared  by  exposing  lead  to  the  vapours 
of  vinegar.  The  ancient  process  is  minutely  de- 
scribed by  Theophrastus  .-1  "  Lead  is  placed  in 
earthen  vessels  over  sharp  vinegar,  and  after  it  has 
acquired  a  sort  of  rust  of  some  thickness,  which  it 
commonly  does  in  ten  days,  they  open  the  vessels, 
and  scrape  from  it  a  kind  of  mould.  They  then 
place  the  lead  over  the  vinegar  again,  repeating 
again  and  again  the  same  method  of  scraping  it  till 
it  is  wholly  dissolved.  What  has  been  scraped  off 
they  then  beat  to  powder  and  boil  for  a  long  time  ; 
and  what  at  last  subsides  to  the  bottom  of  the  ves- 
sel is  the  ceruse."  Similar  processes  are  described 
by  Dioscorides  and  Vitruvius.  "  The  substance 
spoken  of  by  Pliny,"  remarks  Dr.  Moore,  "  as  a 
native  ceruse,  found  at  Smyrna  on  the  farm  of 
Theodotus,  appears  to  have  been  that  greenish 
earth  mentioned  by  Vitruvius  as  occurring  in  many 
places,  but  the  best  near  Smyrna  and  called  by  the 
Greeks  deodonov,  from  the  name  of  the  person, 
Theodotus,  upon  whose  farm  it  was  first  discovered. 
From  the  fact  that  this  greenish  earth  was  regarded 
as  a  sort  of  ceruse,  we  might  infer  that  the  ceruse  of 
the  ancients  was  not  always  of  a  very  pure  white."8 
♦CE'RYLUS  (nripv'koc),  a  species  of  Bird  ;  the 
same,  according  to  Suidas  and  Tzetzes,3  with  the 
male  King-fisher.  iElian  and  Moschus,  however, 
as  Adams  remarks,  appear  to  consider  it  a  different 
bird.  Gesner  and  Schneider  are  undecided.* 
CERYX  (K7)pv%).  (Vid.  Caduceus,  Fetialis.) 
*CERYX  (KTjpvZ),  "A  genus  of  Testacea,  now 
placed,"  remarks  Adams,  "  in  the  Mollusca  by  nat- 
uralists. It  is  the  Murex  of  the  older  authorities. 
The  two  principal  species  are  the  Buccinum  and 
Purpura,  which  Sprengel  refers  to  the  Buccinum 
harpa,  L.,  and  B.  lapillus.  Dr.  Coray  remarks,  that 
the  Greek  writers  often  make  no  distinction  be- 
tween the  KripvZ  and  the  nopfvpa,  but  modern  natu- 
ralists distinguish  between  the  Murex  and  the  Pur- 
pura."    (Vid.  Murex.)5 

CE'SSIO  BONO'RUM.    (Vid.  Bonorum  Cessio.) 
CE'SSIO  IN  JURE.     (Vid.  In  Jure  Cessio.) 
CESTIUS  PONS.     (Vid.  Bridge,  p.  174.) 
*CESTRUM  (Ktarpov),  I.  a  species  of  Betony. 
Sprengel,  in  his  R.  H.  H.,  was  inclined  to  make  it 
the  Betonica  officinalis ;  but  in  his  edition  of  Dios- 
corides he  adopts  the  opinion  of  Dalechamp,  who 
proposed  the  Betonica  alopecurus.     Dioscorides  de- 
scribes it  as  growing  in  very  cold  places,  and  Sib- 
thorp accordingly  found  the  B.  alopecurus  growing 
plentifully  on  Parnassus,  one  of  the  coldest  regions 
of  Livadia.6 — II.  (Vid.  Pictura.) 

CESTUS  was  used  in  two  significations  : 
I.  Gestus  signified  the  thongs  or  bands  of  leather 
which  were  tied  round  the  hands  of  boxers  in  order 
to  render  their  blows  more  powerful.  These  bands 
of  leather,  which  were  called  iuuvtec,  or  Ifiavrrts 
ttvktlkoI,  in  Greek,  were  also  frequently  tied  round 
the  arm  as  high  as  the  elbow,  as  is  shown  in  the 
following  statue  of  a  boxer,  the  original  of  which 
is  in  the  Louvre  at  Paris.7 

The  cestus  was  used  by  boxers  from  the  earliest 
times.     When  Epeius  and  Euryalus,  in  the  Iliad* 

1.  (De  Lapid.,  101.)— 2.  (Anc.  Mineral.,  69.)-- 3.  (ad  Ly 
cophr.,  749.)— 4.  (Adams,  Append.,  s.  v.)— 5.  (Aristot.,  H.  A 
iv.,  2;  v.,  10.— Adams,  Append.,  s.  v.)— 6.  (Dioscor.,  iv.,  1.  - 
Adams,  Append.,  s.  v.)— 7.  ( Vid.  Clarac,  Musee  d.  Sculpt.  Anl 
et  Mod.,  vol.  iii.,  pi.  327,  n.  2042.)— 8.  (xxiii.,  684.) 


CESTUS. 


CETR  \. 


prepare  themselves  for  boxing,  they  put  on  their 
hands  thongs  made  of  ox-hide  (ifiavrag  evtutjtovs 
0odg  aypavAoto) ;  but  it  should  be  recollected  that 
the  cestus,  in  heroic  times,  appears  to  have  con- 
sisted merely  of  thongs  of  leather,  and  differed  ma- 
terially from  the  frightful  weapons,  loaded  with  lead 
and  iron,  which  were  used  in  later  times.  The  dif- 
ferent kinds  of  cestus  were  called  by  the  Greeks  in 
later  times  fietXlxat,  crrelpai  fioeicu,  a<fxupai,  and 
ftvpfiTjKeg :  of  which  the  fieikixai  gave  the  softest 
blows,  and  the  (ivpuTjuec  the  most  severe.  The 
fiei?uxac,  which  were  the  most  ancient,  are  described 
by  Pausanias1  as  made  of  raw  ox-hide  cut  into  thin 
pieces,  and  joined  in  an  ancient  manner ;  they  were 
tied  under  the  hollow  or  palm  of  the  hand,  leaving 
the  fingers  uncovered.  The  athletae  in  the  palaes- 
trae at  Olympia  used  the  peL\ixaL  m  practising  for 
the  public  games  {'i/iuvtuv  r€>v  //a/la/cwrepwv2) ;  but 
in  the  games  themselves  they  used  those  which 
gave  the  severest  blows. 

The  cestus  used  in  later  times  in  the  public 
games  was,  as  has  been  already  remarked,  a  most 
formidable  weapon.  It  was  frequently  covered  with 
knots  and  nails,  and  loaded  with  lead  and  iron  ; 
whence  Virgil,3  in  speaking  of  it,  says, 

"  Ingentia  sept  em 
Terga  bourn  plumbo  insuto  ferroque  rigebant." 
Statius*  also  speaks  of  nigrantia  plumbo  tegmina. 
Such  weapons,  in  the  hands  of  a  trained  boxer, 
must  have  frequently  occasioned  death.  The  pvp- 
{i7]Kec  were,  in  fact,  sometimes  called  yvioropot,  or 
"limb-breakers."  Lucilius5  speaks  of  a  boxer 
whose  head  had  been  so  battered  by  the  fivpfirjKeg 
as  to  resemble  a  sieve. 

Figures  with  the  cestus  frequently  occur  in  an- 
cient monuments.  They  appear  to  have  been  of 
various  forms,  as  appears  by  the  following  speci- 
mens, taken  from  ancient  monuments,  of  which 
drawings  are  given  by  Fabretti.6 


II.  Cestus  also  signified  a  band  or  tie  of  anv 
kind  ;*  but  the  term  was  more  particularly  applied 
to  the  zone  or  girdle  of  Venus,  on  which  was  repre- 
sented everything  that  could  awaken  love.3  When 
Juno  wished  to  win  the  affections  of  Jupiter,  she 
borrowed  this  cestus  from  Venus  ;3  and  Venus  her- 
self employed  it  to  captivate  Mars.* 

The  scholiast  on  Statius6  says  that  the  cestus 
was  also  the  name  of  the  marriage-girdle,  which 
was  given  by  the  newly-married  wife  to  her  hus- 
band ;  whence  unlawful  marriages  were  called  in- 
cestcp..  This  statement  is  confirmed  by  an  inscrip- 
tion quoted  by  Pitiscus,6  in  which  a  matrona  dedi- 
cates her  cestus  to  Venus. 

*CETE  {nrjTTj),  a  plural  term  of  the  neuter  gen- 
der, of  Greek  origin,  and  applied  generally  to  any 
very  large  kind  of  fishes.  Adams,  in  his  remarks 
upon  the  word  Kfjrog,  observes  as  follows  :  "This 
term  is  applied  in  a  very  general  sense  to  all  fishes 
of  a  very  large  size,  such  as  the  Whale,  the  Bal- 
ance-fish, the  Dolphin,  the  Porpoise,  the  great  Tun- 
nies, all  sorts  of  Sharks,  and  also  the  Crocodile,  the 
Hippopotamus,  and  some  others  which  cannot  be 
satisfactorily  determined.  It  is  deserving  of  remark 
in  this  place,  that,  although  the  ancients  ranked  the 
Cetacea  with  Fishes,  they  were  aware  that  Whales, 
Seals,  Dolphins,  and  some  others  are  viviparous, 
and  respire  air  like  the  Mammalia.  With  regard 
to  the  Tjyefiuv  tuv  kvtuv,  which  is  described  in  a 
very  graphic  style  by  Oppian,  the  most  probable 
opinion  is  that  it  was  the  Gasterosleus  ductor,  L., 
or  Pilot-fish."7 

CETRA  or  (LETRA  (Kairpea*),  a  target,  i.  e., 
a  small  round  shield,  made  of  the  hide  of  a  quadru- 
ped.9 It  formed  part  of  the  defensive  armour  of 
the  Osci.10  (Vid.  Aclis.)  It  was  also  worn  by  the 
people  of  Spain  and  Mauritania.11  By  the  latter 
people  it  was  sometimes  made  from  the  skin  of  the 
elephant.12  From  these  accounts,  and  from  the  dis- 
tinct assertion  of  Tacitus13  that  it  was  used  by  the 
Britons,  we  may  with  confidence  identify  the  cctra 
with  the  target  of  the  Scottish  Highlanders,  of  which 
many  specimens  of  considerable  antiquity  are  still 
in  existence.  It  is  seen  "  covering  the  left  arms"14 
of  the  two  accompanying  figures,  which  are  copied 
from  a  MS.  of  Prudentius,  probably  written  in  this 
country,  and  as  early  as  the  ninth  century.15 


1  (viii.,  40,  t>  3.)— 2.  (PauF.,  vi.,  23,  $  3.)— 3. 
-4.  (Theb.,  vi.,  732.)— 5.  (Anth..  xi.,  78,  vol. 
.  ic.)—  6.  (De  Column.  Traj.,  p.  261.) 


(.En.,  v.,  405.) 
ii.,  p.  344,  ed. 


It  does  not  appear  that  the  Romans  ever  woic 
the  cetra.  But  Livy  compares  it  to  the  pelta  of  the 
Greeks  and  Macedonians,  which  was  also  a  small 
light  shield  (cetratos,  quos  peltastas  vocant16). 

1.  (Varro,  De  Re  Rust.,  i.  8.)—  2.  (II.,  xiv.,  214.— Val.  Flacc, 
vi.,  470.)— 3.  (II.,  1.  c.)— 4.  (Mart.,  vj.,  13;  xiv.,  206,  207.)— 5 
(Theb.,  ii.,  283  ;  v.,  63.)— 6.  (s.  v.  Cestns.)—  7.  (Galen,  De 
Alim.  Facult.— JElian.  N.  A.,ix.,49  ;  ii ,  13.— Adams,  Append., 
s.  v.)— 8.  (Hesych.)—  9.  (Isid.,  Orig.,  xviii.,  12.— Q.  Curtius.m, 
4.— Varro,  ap.  Nonium.)— 10.  (Virg.,  JSn.,vii.,732.)— 11.  (Isid., 
1.  c— Servius  in  Virg.,  1.  c  —  Caes.,  Bel).  Civ.,  i.,  39.)— 12 
(Strab.,  xvii.,  3,  7.)— 13.  (Agnc,  36.)— 14.  (Virgil,  1.  c.)— 15 
(Cod.  Cotton.  Cleop.,  c.  8.)— 16.  (xxxi.,  36.) 

2*^ 


CHALCIDICUM. 


CHALCiS. 


*CHALB'ANE  (xaTiBdvn)  appears  to  have  been 
the  well-known  Gum-resin,  which  exudes  from  the 
Buhon  Galbanum.  Pliny,  in  describing  it,  says, 
"  Quod  maxime  laudant,  cartilaginosum,  purum,  ad 
svmilitudinem  Hammoniaci."1  In  the  Edinburgh 
Dispensary  it  is  said  that  "  Galbanum  agrees  in 
virtue  with  gum  Ammoniacum."  Hence  Adams 
concludes  that  the  ancient  Galbanum  was  identical 
with  the  modern.2 

*CHALCANTHUS  (XdlKav6oc),  according  to 
Pliny,3  the  same  with  the  "  Atramentum  sutorium^ 
of  the  Romans,  so  called  because  used  to  blacken 
leather.  The  account  of  the  Roman  writer  is  as 
follows :  "  Grceci  cognationem  ar'is  nomine  fccerunt 
et  atramento  sutorio,  appellant  enim  Chalcanthum. 
Color  est  c&ruleus  perquam  spectabili  nitore,  vitrum- 
que  esse  creditur."  From  this  language  of  Pliny 
there  can  be  no  doubt  that  Hardouin  was  correct  in 
making  it  to  be  Copperas,  or  Blue  Vitriol  (chalcan- 
thus,  i.  e.,  flos  <zris).  "  Yet,"  continues  Adams, 
"  both  Sprengel,  in  his  edition  of  Dioscorides,4  and 
Dr.  Milligan,  in  his  Annotations  on  Celsus,  call  it 
a  natural  solution  of  sulphate  of  copper  in  water. 
The  quotation  from  Pliny  proves  that  it  was  a  vit- 
riol, the  word  vitriol  being,  in  fact,  formed  from 
vitrum.  And,  farther,  Dioscorides'  description  of 
its  formation  agrees  very  well  with  Jameson's  ac- 
count of  the  origin  of  copperas.  The  ancients, 
however,  as  Dr.  Hill  states,  were  also  acquainted 
with  a  factitious  vitriol,  which  they  called  Pactum 
and  Ephthum,  obtained  by  boiling  some  of  the  vit- 
riolic ores  in  water."5 

CHALKETA  (xalKsla),  a  very  ancient  festival  cel- 
ebrated at  Athens,  which  at  different  times  seems 
to  have  had  a  different  character,  for  at  first  it  was 
solemnized  in  honour  of  Athena,  surnamed  Ergane, 
and  by  the  whole  people  of  Athens,  whence  it  was 
railed  'Ad^vaLa  or  Iidv5rip.og.%  At  a  later  period, 
however,  it  wTas  celebrated  only  by  artisans,  espe- 
cially smiths,  and  in  honour  of  Hephaestus,  whence 
its  name  was  changed  into  XalKela.7  It  was  held 
on  the  30th  day  of  the  month  of  Pyanepsion.8  Me- 
nander  had  written  a  comedy  called  XalKeta,  a 
fragment  of  which  is  preserved  in  Athenseus.9 

CHALCFDICUM.  A  variety  of  meanings  have 
been  attached  to  this  word,  which  is  not  of  unfre- 
quent  occurrence  in  inscriptions,  and  in  the  Greek 
and  Latin  writers.10 

The  meager  epitome  of  Festus  informs  us  merely 
that  it  was  a  sort  of  edifice  (genus  cedificii),  so  call- 
ed from  the  city  of  Chalcis,  but  what  sort  is  not 
explained  ;  neither  do  the  inscriptions  or  passages 
cited  below  give  any  description  from  which  a  con- 
clusion respecting  the  form,  use,  and  locality  of  such 
buildings  can  be  positively  affirmed. 

Chalcidica  were  certainly  appurtenances  to  some 
basilica,11  in  reference  to  which  the  following  at- 
tempts at  identification  have  been  suggested  :  1.  A 
mint  attached  to  the  basilica,  from  xa^Koc  and  6lkt], 
which,  though  an  ingenious  conjecture,  is  not  sup- 
ported by  sufficient  classical  authority.  2.  That 
part  of  a  basilica  which  lies  across  the  front  of  the 
tribune,  corresponding  to  the  nave  in  a  modern 
church,  of  which  it  was  the  original,  where  the 
lawyers  stood,  and  thence  termed  navis  cuusidica.12 
3.  An  apartment  thrown  out  at  the  back  of  a  basili- 
ca, either  on  the  ground-floor  or  at  the  extremity 


].  (H.  N.,  xii.,  25.)— 2.  (Adams,  Append.,  s.  v.)— 3.  (II.  N., 
xxxiv.,  32.) — 4.  (v.,  114.) — 5.  (Adams,  Append.,  s.  v.)— 6.  (Sui- 
das,  s.  v.— Etymol.  Magn. — Eustath.  ad  II.,  ii.,  p.  284,  36.)— 7. 
(Pollux,  vii.,  105.) — 8.  (Suidas. — Harpocrat. — Eustath.,  1.  c.) — 
9.  (xii,  p.  502.)— 10.  (Inscrip.  ap.  Grut.,  p.  232.— Ap.  Mcratori, 
p.  409,  480.— Dion  Gass.,  Ii.,  22.— Hygin.,  Fab.,  184.— Auson., 
Perioch.  Odyss.,  xxiii. — Arnob.,  Advers.  Gent.,  iii.,  p.  105,  149. 
— Vitruv.,  v.,  1,  ed.  Bipont. — Festus,  s.  v.) — 11.  (Vitruv.,  1.  c.) — 
12  (Barbar.  and  Philan/  ,  ad  Vitruv.,  1.  c. — Donat.,  De  Urb. 
Rom.,  iv.,  2.) 

236 


of  the  upper  gallery,  in  the  form  of  a  balcony.1 
Internal  chambers  on  each  side  of  the  tribune  to; 
the  convenience  of  the  judices,  as  in  the  basilica  of 
Pompeii.     (Vid.  Basilica,  p.  141. )2     5.  The  vesti- 
bule of  a  basilica,  either  in  front  or  rear ;  which  in- 
terpretation is  founded  upon  an  inscription  discov- 
ered at  Pompeii,  in  the  building  appropriated  to  the 
fullers  of  cloth  (fullonica) : 
Eumachia.  L.  F.  Sacerd.  Pub.  *  *  *  * 
******  Chalcidicum:  Cryptam  Porticus 
*  *  *  Sua.  Pequnia.  fecit,  eademque.  dedicavit. 
By  comparing  the  plan  of  the  building  with  this 
inscription,  it  is  clear  that  the  chalcidicum  men- 
tioned can  only  be  referred  to  the  vestibule.     Its 
decorations  likewise  corresponded  in  richness  and 
character  with  the  vestibule  of  a  basilica  described 
by  Procopius,3  which  is  twice  designated  by  the 
term  ^a^l/c??.*    The  vestibule  of  the  basilica  at  Pom- 
peii is  shown  upon  the  plan  on  page  141. 

In  another  sense  the  word  is  used  as  a  synonyme 
with  ccenaculum.  "  Scribuntur  Dii  vestri  in  tricliniis 
ccelestibus  atque  in  chalcid-icis  aureis  ccenitare."* 
These  words,  compared  with  Homer, 

Tprjtg  6'  eIq  V77epu>'  dve6rjaaro  nayxo^duoa,6 

and  the  translation  of  vizep&ov  by  Ausonius,7 

"  Chalcidicum  gressu  nutrix  superabat  anili," 

together  with  the  known  locality  of  the  ancient 
ccenacula,  seem  fully  to  authorize  the  interpretation 
given.8 

Finally,  the  word  seems  also  to  have  been  used 
in  the  same  sense  as  mcenianum,  a  balcony.9 

CHALCIOE'CIA  (xa2.Kioi.Kia),  an  annual  festival, 
with  sacrifices,  held  at  Sparta  in  honour  of  Athena, 
surnamed  XaXKiotKoc,  i.  e.,  the  goddess  of  the  bra- 
zen-house.10 Young  men  marched  on  the  occasion 
in  full  armour  to  the  temple  of  the  goddess ;  and  the 
ephors,  although  not  entering  the  temple,  but  re- 
maining within  its  sacred  precincts,  were  obliged  to 
take  part  in  the  sacrifice.11 

*CHALCIS  (xa2.Kcg),  I.  a  species  of  Bird,  de- 
scribed as  inhabiting  mountains,  rarely  seen,  and 
of  a  copper  colour  (from  which  comes  the  name,  or 
else  from  its  shrill  cry12).  It  was  probably  one  of 
the  Falcon  tribe,  and  is  considered  by  some  identi- 
cal with  the  nrvyt;,  but  it  cannot  be  satisfactorily 
determined  what  kind  of  bird  it  really  was.  An- 
other name  for  this  bird  is  Kvp.t,vdtc,  in  Homer  and 
Ionic  authors.  Both  names  occur  in  the  14th  book 
of  the  Iliad,13  where  it  is  noted  that  xa^Kk  is  the 
older  name.  ,  The  cry  of  the  bird  is  represented  by 
KLKKa6av}* 

II.  A  species  of  Lizard,15  so  called  from  having 
copper-coloured  streaks  on  the  back.  It  is  termed 
in  Greek,  not  only;{;a^/«c>  but  also  aavpa  XalKidiKrj. 
Some  of  the  ancient  authorities  call  it  o?jip,16  and  the 
French  naturalists  describe  it  under  the  name  of 
Le  Seps,  but,  according  to  Buffon,  improperly.  It 
is  the  Chalcis  Vittatus,  L.  Cuvier  thinks  it  very 
probable  that  the  ancients  designated  by  this  name 
the  Seps  with  three  toes  of  Italy  and  Greece.  The 
Abbe  Bonneterre  says  of  it,  "  I  regard  the  li'/ard 
called  Chalcis  by  Linnaeus  as  forming  a  variety  of 
the  Seps."  Burton  remarks,  "  It  appears  i.o  bear  a 
strong  affinity  to  the  viper,  and,  like  that  animal 
its   bite  may  be  dangerous."     Dr.  Brookes  says, 

1.  (Galiano  and  Stratico,  ibid.) — 2.  (Marquez,  Delle  Case  de' 
Romani. — Rhode  ad  Vitruv.,  1.  c.) — 3.  (De  ^Edific.  Justin,  i., 
10.) — 4.  (Bechi,  del  Chalcidico  e  della  Crypta  di  Eumachia. — 
Marini  ad  Vitruv.,  v.,  2.)— 5.  (Arnobius,  p.  149.) — 6.  (Od.,  xxiii., 
1.) — 7.  (Perioch.,  xiii.,  Odyss.) — 8.  (Turneb.,  Advers.,  xv:ii., 
34. — Salmas.  in  Spart.,  Pescen.  Nigr.,  c.  12,  p.  677.) — 9.  (Isid., 
Oiig. — Reinesius,  Var.  Lect.,  iii.,  5.) — 10.  (Paus.,  iii.,  17,  I)  3, 
seqq. ;  x.,  5,$  5—  GQller  ad  Thucyd.,  i.,  128.)— 11.  (Polyb.,  iv., 
35,  t)  2.)— 12.  (Proclus  ad  Cratyl.,  xxxviii.)— 13.  (v.,  291.)— 14 
(Comic,  ap.  Plat.,  Cratyl.,  p.  270,  ed.  Francof. — Donnegan,  Lex., 
ed.  1842,  s.  v.)— 15.  (Aristot.,  II  A,  viii  ,  23  )— 16  (Schcl.  in 
Nicandr.,  Theriac,  v  ,  817.) 


CHALCOS. 


CHA.LYBS. 


"  The  Seps,  or  the  Chalcidian  Lizard  of  Aldrovan- 
dus,  is  rather  a  serpent  than  a  lizard,  though  it  has 
Tour  small  legs,  and  paws  divided  into  feet."1 

III.  A  species  of  Fish,3  incorrectly  made  by  some 
to  be  the  Clupea  Harcngus,  L.,  or  Herring.  It  is, 
in  fact,  the  Clupea  finta,  Cuv.,  belonging,  however, 
to  the  great  Herring  tribe.  The  ancients  speak  of 
their  Chalcis  as  resembling  the  Tkrysscz  and  Sar- 
dines. According  to  them,  it  moved  in  large  num- 
bers, and  inhabited  not  only  the  sea,  but  also  fresh 
water.  "  Wo  find  nothing,"  observes  Griffith,  "  in 
the  writings  of  the  Greeks  and  Romans,  which  ap- 
pears to  indicate  that  these  nations  were  acquaint- 
ed with  the  Herring.  The  fishes  of  the  Mediterra- 
nean must,  in  fact,  have  been  nearly  the  only  spe- 
cies of  the  class  which  they  could  observe  or  procure 
with  facility,  and  the  Herrings  are  not  among  the 
number  of  these.  This  fish,  therefore,  is  neither 
the  halec  or  halex,  nor  the  mcenis,  nor  the  bucomanis, 
nor  the  genis  of  Pliny.  The  fiaivic.  of  Aristotle, 
named  alec  by  Gaza,  and  the  mana  of  Pliny,  belong 
to  the  menides  of  the  animal  kingdom."* 

♦CHALCITIS  (xalKcnc),  called  also  Sori  and 
Misy  (oupi,  fiiav*),  a  fossil  substance  impregnated 
with  a  salt  of  copper,  and  used  by  the  ancients  as  a 
styptic  application.  Dioscorides  says,  "the  best 
Chalcitis  resembles  copper,  is  brittle,  free  from 
stones,  not  old,  and  having  oblong  and  shining 
veins."  "  Sprengel  thinks,"  observes  Adams,  "  that 
there  is  a  difference  between  the  Chalcitis  of  Pliny 
and  that  of  Dioscorides.  The  latter  he  looks  upon 
to  be  a  sulphate  of  iron ;  the  other  an  arseniate  of 
copper.  In  his  History  of  Medicine,  he  calls  the 
XuZnavdor,  Blue  Vitriol ;  the  xa/l/ar/f,  Red  Vitriol ; 
and  the  fiiav,  Yellow  Vitriol.5  The  following  ac- 
count of  these  substances  is  from  a  person  who 
appears  to  have  been  well  acquainted  with  them. 
'  Chalcitis,  Misy,  and  Sori  are  fossil  substances, 
very  much  resembling  each  other  both  in  original 
and  virtues.  Galen  says  he  found  these  things  in 
the  mines,  lying  in  long  strata  upon  each  other,  the 
lowest  stratum  being  Sori,  the  middle  the  Chalcitis, 
and  the  uppermost  the  Misy.  These  fossil  sub- 
stances are  now  rarely  found  in  apothecaries'  shops, 
being  to  be  had  nowhere  else  but  in  Cyprus,  Asia 
Minor,  or  Egypt.'  "6  According  to  Dr.  Hill,  the 
Chalcitis  is  properly  a  mixed  ore  of  cupreous  and 
ferruginous  vitriols,  still  very  frequent  in  Turkey, 
where  it  is  used  as  an  astringent  and  styptic.  The 
Misy,  he  says,  differs  from  it  in  containing  no  cu- 
preous vitriol,  but  only  that  of  iron.  The  Sori, 
called  Rusma  by  the  moderns,  he  says,  is  an  ore  of 
vitriol  of  copper,  and  contains  no  iron.7 

♦CHALCOS  0roA«6f),  the  same  with  the  Ms  of 
the  Romans,  and,  therefore,  a  sort  of  Bronze.  ( Vid. 
JEs.)  The  term,  however,  is  often  applied  to  na- 
tive copper.8  Dr.  Watson  has  made  it  appear  that 
the  Orichalcum  (bpeixatoov)  was  brass,  or  a  mix- 
ture of  copper  and  zinc,  made  by  the  union  of  <zs 
and  Cadmia.9  The  xa^K°c  xeKavfiivoc  of  Dioscori- 
des, according  to  Geoffroy,  is  copper  calcined  in  a 
reverberatory  furnace.  The  x^<oc  oKupla,  Squama 
aris,  or  flakes  of  copper,  he  adds,  is  little  else  than 
the  <zs  ustum,  being  only  the  particles  of  burned  cop- 
per which  fly  off  when  it  is  hammered.  The  livdoc 
XoXkov,  or  Flos  aris,  was  fine  granulated  copper.10 
The  following  is  Geoffroy's  description  of  it,  which, 
says  Adams,  is,  in  fact,  little  more  than  a  translation 
of  Dioscorides'  account  of  the  process.  "  It  is  no- 
thing but  copper  reduced  to  small  grains  like  millet- 

1.  (Adams,  Append.,  s.  v.)— 2.  (Aristot.,  iv.,  9.— JSlian,  N. 
A.,  x.,  11.)— 3.  (Griffith's  Cuvicr,  vol.  i.,  p.  478.)— 4.  (Dioscor., 
v.,  115.— Plin.,  H.  N.,  xxxiv.,  29.)— 5.  (Sprengel,  Hist.  Med.,  v., 
4,'— 6.  (Geoffroy's  Works.) — 7.  (Adams,  Append.,  s.  v.) — 8. 
(Diod.  Sic,  i.,  33.)— 9.  (Chemical  Essays.— Bostock's  Transla- 
tion of  the  33d  Book  of  Pliny.)— 10.  (Hill's  Hist,  of  the  Materia 
Medica.) 


seed,  which  is  done  by  pouring  cold  water  upon 
melting  copper,. which  thereupon  flies  everywhere 
into  grains."  From  this  description  of  it,  remarks 
Adams,  it  will  appear  that  the  following  account  ot 
the  Flos  ceris,  given  by  Kidd,  is  inaccurate,  and  we 
give  it  merely  to  caution  the  reader  not  to  be  misled 
even  by  such  a  high  authority :  "  In  the  spontane- 
ous formation  of  sulphate  of  iron,  the  pyrites  first 
loses  its  splendour,  then  swells  and  separates  into 
numerous  fissures.  After  this,  its  surface  is  partial- 
ly covered  with  a  white  efflorescing  powder,  which 
is  the  Flos  ceris  of  Pliny."1 

♦CHALCOPHO'NOS  ixalaocpovoc),  a  dark  kind 
of  stone,  sounding,  when  struck,  like  brass.  Tra- 
goedians  were  recommended  to  carry  one.  It  was 
probably  a  species  of  clink-stone.2 

♦CHALCOSMARAG'DUS  (x^Koafidpaydoc),  ac- 
cording to  Pliny,  a  species  of  Emerald,  with  veins 
of  a  coppery  hue.  It  is  supposed  to  have  been  Di- 
optasc  (Achirite)  in  its  gang  of  copper  pyrites.3 

*CHALYBS  (xd?Mil>),  Steel,  so  called,  because 
obtained  of  an  excellent  quality  from  the  country  ni 
the  Chalybes.  "The  Indian  Steel,  mentioned  by 
the  author  of  the  Periplus,  was  probably,"  observes 
Dr.  Moore,  "  of  the  kind  still  brought  from  India 
under  the  name  of  wootz ;  and  the  ferrum  candidum, 
of  which  Quintus  Curtius  says  the  Indians  present- 
ed to  Alexander  a  hundred  talents,  may  have  been 
the  same ;  for  wootz,  when  polished,  has  a  silvery 
lustre.  The  Parthian  Steel  ranks  next  with  Pliny, 
and  these  two  kinds  only  'mera  acie  temper antur .' 
Daimachus,  a  writer  contemporary  with  Alexander 
the  Great,  speaks  of  four  different  kinds  of  steel, 
and  the  purposes  to  which  they  were  severally  suited. 
These  kinds  were  the  Chalybdic,  the  Sinopic,  the 
Lydian,  and  the  Lacedaemonian.  The  Chalybdic  was 
best  for  carpenters'  tools;  the  Lacedaemonian  for 
files,  and  drills,  and  gravers,  and  stone-chisels ;  the 
Lydian,  also,  was  suited  for  files,  and  for  knives, 
and  razors,  and  rasps."*  According  to  Tychsen,' 
nothing  occurs  in  the  Hebrew  text  of  the  Scriptures 
relative  to  the  hardening  of  iron,  and  the  quenching 
of  it  in  water.  Iron  (bo.rzel)  often  occurs,  and  in 
some  passages,  indeed,  Steel  may,  he  thinks,  be 
understood  under  this  name.  For  example,  in  Eze- 
kiel,6  ferrum  fabref actum,  or,  according  to  Michaelis 
and  others,  sabre-blades  from  Usal  (Sanaa  in  Ye- 
men). A  pretty  clear  indication  of  steel  is  given 
in  Jeremiah,7  "Iron  from  the  North,"  which  is  there 
described  as  the  hardest.  It  appears  that  the  He- 
brews had  no  particular  name  for  Steel,  which  they 
perhaps  comprehended,  as  the  same  writer  conjec- 
tures, under  the  term  barzel,  or  distinguished  it  only 
by  the  epithet  "Northern."  Among  the  Greeks, 
Steel  was  used  as  early  as  the  time  of  Homer,  and, 
besides  Chalybs,  it  was  very  commonly  called  sto- 
mbma  (oro/io/ia),  which,  however,  did  not  so  much 
denote  Steel  itself  as  the  steeled  part  of  the  instru- 
ment. Adamas,  also,  was  frequently  used  to  indi- 
cate Steel.  (Vid.  Adamas.)  "The  Romans,"  ob- 
serves Beckmann,8  "  borrowed  from  the  Greeks 
the  word  chalybs ;  and,  in  consequence  of  a  passage 
in  Pliny,  many  believe  that  they  gave  also  to  Steei 
the  name  of  acies,  from  which  the  Italians  made 
their  acciajo,  and  the  French  their  acier.  The  word 
acies,  however,  denoted  properly  the  steeled  or  cut- 
ting part  only  of  an  instrument.  From  this,  in 
later  times,  was  formed  aciarium,  for  the  Steel 
which  gave  the  instrument  its  sharpness,  and  also 
aciare,  'to  steel.'  The  preparation  by  fusion,  as 
practised  by  the  Chalybes,  has  been  twice  described 

1.  (Kidd's  Mineralogy.— Adams,  Append.,  s.  v.)— 2.  (Plin., 
II.  N.,  xxxvii.,  10. — Moore's  Anc.  Mineralogy,  p.  182.)— 3.  (Plin., 
H.  N.,  xxxvii.,  5.— Fee,  ad  loc.) — i.  (Anc.  Mineral.,  p.  43.)— 5. 
(Beckmann,  Hist,  of  Inv.,  vol.  iv.,  p.  236.  in  notis.) — 6.  (xxTii., 
19.)— 7.  (xv.,  12.)— 8.  (Hiit.of  Inv.,  vol.  iv.,  p.  240.) 

337 


CHAMELEON. 


CHAR1STIA. 


wv  Ar.stotle.  The  Steel  of  the  ancients,  however, 
m  consequence  of  not  being  cemented,  suffered  it- 
self tt  oe  hammered,  and  was  not  nearly  so  brittle 
as  the  hardest  steel  with  which  we  are  acquainted 
at  present.  On  the  other  hand,  the  singular  meth- 
od of  preparing  steel  employed  by  the  Celtiberians 
in  Spain,  deserves  to  be  here  described.  According 
to  the  account  of  Diodorus2  and  Plutarch,3  the  iron 
was  buried  in  the  earth,  and  left  in  that  situation 
till  the  greater  part  of  it  was  converted  into  rust. 
What  remained  without  being  oxydated  was  after- 
ward forged  and  made  into  weapons,  and  particu- 
larly swords,  with  which  they  could  cut  asunder 
bones,  shields,  and  helmets.  The  art  of  hardening 
steel  by  immersing  it  suddenly,  when  red  hot,  into 
cold  water,  is  very  old ;  Homer  says,  that  when 
Ulysses  bored  out  the  eye  of  Polyphemus  with  a 
burning  stake,  it  hissed  in  the  same  manner  as 
water,  when  the  smith  immerses  in  it  a  piece  of 
red-hot  iron  in  order  to  harden  it.4  Sophocles  uses 
the  comparison  of  being  hardened  like  immersed 
iron  ;5  and  Salmasius6  quotes  a  work  of  some  old 
Greek  chemist,  who  treats  of  the  method  of  hard- 
ening iron  in  India.  It  is  also  a  very  ancient  opin- 
ion, that  the  hardening  depends  chiefly  on  the  na- 
ture of  the  water.  Many  rivers  and  wells  were 
therefore  in  great  repute,  so  that  steel-works  were 
often  erected  near  them,  though  at  a  considerable 
distance  from  the  mines.  The  more  delicate  arti- 
cles of  iron  were  not  quenched  in  water,  but  in 
oil."7 

CHALKOUS.     (Vid.&s.) 

♦CHAIVLEAC'TE  (xafiaianTv),  the  Dwarf-elder. 

♦CHAIVLE'DRYS  (xafialdpvc),  the  Wall  German- 
der, or  Teucrium  Chamadrys.  Apuleius  makes  the 
Chamadrys  a  synonyme  of  the  Teucrium.6 

♦CHAM^ECER'ASUS  (xaf^aLK^Paao?)>  supposed 
by  Sprengel  to  be  the  Lily  of  the  Valley,  or  Conval- 
laria  majalis.9 

*CHAftLE'LEON  (^c^aaeuv),  I.  a  species  of 
plant,  so  called  from  the  changeable  colour  of  its 
leaves.  Gesner  and  Humelbergius,  according  to 
Adams,  can  omy  refer  it  in  general  terms  to  the 
Thistle  tribe.  Stephens,  Schulze,  and  Stackhouse 
hold  that  the  xa\iaik£uv  Tievkoq  is  the  Carlina  acau- 
lis,  and  Adams  thinks  that  the  description  of  the 
xaficuTieov  by  Dioscorides  agrees  very  well  with  the 
Carline  thistle.  Yet  Sprengel,  although  formerly 
an  advocate  of  this  opinion,  and  Dierbach,  both  in- 
cline to  think  it  the  Acarna  gummifera,  Willd. 
Sprengel  and  Stackhouse  agree  in  referring  the  x0-- 
uaiteov  peTiac.  to  the  Carthamus  corymbosus.10 

II.  The  Chamaeleon,  or  Chamaleo  JEgyptius,  L. 
The  ancient  naturalists  describe  this  species  of  liz- 
ard accurately,  and  mention,  in  particular,  its  re- 
markable property  of  changing  colour.11  These  col- 
ours, in  fact,  change  with  equal  frequency  and  ra- 
pidity ;  but  it  is  by  no  means  true,  as  stated  by  Sui- 
das  and  Philo,  that  the  animal  can  assimilate  its 
hue  to  that  of  any  object  it  approaches.  Neither  is 
it  true,  as  asserted  by  Ovid13  and  Theophrastus,  that 
it  lives  upon  air  and  dew,  for  it  eats  flies.  In  the 
Latin  translation  of  Avicenna  it  is  called  Alharbe. 
"  It  was  believed,  in  the  time  of  Pliny,  that  no  ani- 
mal was  so  timid  as  the  Chamaeleon  ;  and,  in  fact, 
not  having  any  means  of  defence  supplied  by  nature, 
and  being  unable  to  secure  its  safety  by  flight,  it 
must  frequently  experience  internal  fears  and  agi- 
tations more  or  less  considerable.     Its  epidermis  is 

1.  (Beckmann  ad  Aristot.,  Auscult.  Mirab.,  c.  49,  p.  94.) — 2. 
(v.,  33.)— 3.  (De  Garrul.,  ed.  Francof.,  1620,  ii.,  p.  510.)— 4. 
(Od.,  ix.,  391.)— 5.  (Ajax,  720.)— 8.  (F^xerc,  Plin.,  p.  763.)— 7. 
(Adams,  Append.,  s.  v. — Beckmann,  1.  c.) — 8.  (Dioscor.,  iii., 
102. — Theophrast.,  II.  P.,  ix.,  9.^ — 9.  (Adams,  Append.,  s.  v.) — 
10.  (Diescor,.,  iii.,  10. — Theophrast.,  H.  P.,  vi.,  4.) — 11.  (Aris- 
wot..  H.  A.,  ii.,  7.) — 12.  (Met.,  xv.,  411.) 
238 


transparent ;  its  skin  is  yellow,  and  its  blood  ol  a 
lively  violet  blue.  From  this  it  results,  that  whep 
any  passion  or  impression  causes  a  greater  quantity 
of  blood  to  pass  from  the  heart  to  the  surface  of 
the  skin,  and  to  the  extremities,  the  mixture  of  blue, 
violet,  and  yellow  produces,  more  or  less,  a  number 
of  different  shades.  Accordingly,  in  its  natural 
state,  when  it  is  free  and  experiences  no  disquie- 
tude, its  colour  is  a  fine  green,  with  the  exception 
of  some  parts,  which  present  a  shade  of  reddish 
brown  or  grayish  white.  When  in  anger  its  colour 
passes  to  a  deep  blue  green,  to  a  yellow  green,  and 
to  a  gray  more  or  less  blackish.  If  it  is  unwell,  its 
colour  becomes  yellowish  gray,  or  that  sort  of  yel- 
low which  we  see  in  dead  leaves.  Such  is  the  col- 
our of  almost  all  the  chamaeleons  which  are  brought 
into  cold  countries,  and  all  of  which  speedily  die. 
In  general,  the  colours  of  the  Chamaeleons  are  much 
the  more  lively  and  variable  as  the  weather  is  warm- 
er, and  as  the  sun  shines  with  greater  brilliancy. 
All  these  colours  grow  weaker  during  the  night."1 

♦CHAM^EME'LON  (^a//oi^Aov),  the  herb  Cham- 
omile. The  Greek  name  means  "  ground  apple," 
from  the  peculiar  apple -perfume  of  the  flowers. 
The  term  comprehends  the  Anthemis  nobilis,  and 
probably  some  other  species  of  Chamomile.8  In 
modern  Cyprus  this  plant  is  called  "kclttovvl.  It  is 
frequently  met  with  in  the  islands,  and  flowers  ear- 
ly in  the  spring,  according  to  Sibthorp.3 

*CHAM^E'PITYS  {xaiiamirve),  the  herb  Ground- 
pine.     (Vid.  Abiga.) 

*CHAMELiEA  (xa/ieXaia).  "  Dodonaeus  states 
correctly,"  observes  Adams,  "that  Serapio  and  Av- 
icenna confounded  both  the  Chamelcea  and  Chame- 
leon together,  under  the  name  of  Mazerion ;  and  it 
must  be  admitted,  that  the  learned  commentators 
on  the  Arabian  medical  authors  have  not  been  able 
entirely  to  remove  this  perplexity.  According  to 
Sibthorp,  the  Daphne  oleoides  is  the  species  which 
has  the  best  claim  to  be  identified  with  the  ancient 
Chamelcea.  Matthiolus,  and  the  writer  of  the  arti 
cle  on  Botany  in  the  Encyclopedic  Methodique,  refe) 
it  to  the  Cncorum  tricoccon.,,4: 

*CHARAD'RIUS  (xapadptoc),  the  name  of  a  sea- 
bird  described  by  Aristotle5  and  ^Ehan.6  It  is  sup- 
posed to  have  been  the  Dalwilly,  or  Ring  Plover, 
the  Charadrius  hiaticula,  L.  Mention  is  also  made 
of  it  by  Plato,  Aristophanes,  and  Plutarch.  The 
scholiast  on  Plato  says  that  the  sight  of  it  was  be- 
lieved to  cure  the  jaundice.7 

*CHELIDONTUM  (xeTudovtov),  a  plant  of  which 
two  kinds  are  mentioned,  the  Chelidonium  majus,  or 
Greater  Celandine,  and  the  C.  minus,  or  Ranuncu- 
lus ficaria,  the  Figwort,  popularly  called  the  Lesser 
Celandine,  under  which  name,  says  Adams,  it  has 
been  celebrated  by  the  muse  of  Wordsworth.8 

*CHELI'DON  (x^id&v),  I.  the  Swallow.  (Vid. 
Hirundo.)  II.  The  Flying-fish,  or  Trigla  volitans, 
L.9 

*CHELO'NE  (x&uvn),  the  Tortoise.    ( Vid.  Tes- 

TUDO.) 

CHARIS'TIA.  The  charistia  (from  xwfrfiai.. 
to  grant  a  favour  or  pardon)  was  a  solemn  feast,  to 
which  none  but  relatives  and  members  of  the  same 
family  were  invited,  in  order  that  any  quarrel  oi 
disagreement  which  had  arisen  among  them  might 
be  made  up,  and  a  reconciliation  effected.13  The 
day  of  celebration  was  the  viii.  Cal.  Mart.,  or  the 
19th  of  February,  and  is  thus  spoken  of  by  Ovid  : 


1.  (Griffith's  Cuvier,  vol.  ix.,  p.  235.)  —  2.  (Dioscor.,  iii.,  144. 
— Adams,  Append.,  s.  v.) — 3.  (Billerbeck,  Flora  Graca,  p.  220.) 
— 4.  (Dioscor.,  iii.,  169.  —  P.  JEgin.,  vii.,  3. — Adams,  Append, 
s.  v.)— 5.  (H.  A.,  viii.,  5.)  —  6.  (N.  A.,  xvii.,  12.)  —7.  (Adams 
Append.,  s.  v.) — 8.  (Theophr.,  II.  P.,  vii.,  15. — Dioscor.,  ii.,  211 
— Adams,  Append.,  s.  v.)  —  9.  (Aristot.,  II.  A.,  iv.,  9.  — iElian 
N.  A.,  ii.,  50  ;  xii.,  59.— Adams,  Append,  s.  v.)— 10.  (Val.  Ma*, 
ii.,  1,  t)  8. — Mart .  ix.,  55  ) 


CHEME. 


CHERNJPS. 


"  Proximo,  cognati  dixere  ckaristia  cari, 
Et  venit  ad  sodas  turba  propinqua  dapes."1 

CHEIRONO'MIA  (xeipovo/xia),  a  mimetic  move- 
ment of  the  hands,  which  formed  a  part  of  the  art 
of  dancing  among  the  Greeks  and  Romans.  The 
word  is  also  used  in  a  wider  sense,  both  for  the  art 
of  dancing  in  general,  and  for  any  signs  made  with 
the  hands  in  order  to  convey  ideas.  In  gymnastics 
it  was  applied  to  a  certain  kind  of  pugilistic  combat.2 

CHEIROTONEIN,  CHEIROTONIA  (Xeiporo- 
vetv,  xeiporovia).  In  the  Athenian  assemblies  two 
modes  of  voting  were  practised,  the  one  by  pebbles 
(vid.  Psephizksthai),  the  other  by  a  show  of  hands 
ixecporoveiv).  The  latter  was  employed  in  the  elec- 
tion of  those  magistrates  who  were  chosen  in  the 
public  assemblies  (vid.  Archairesiai),  and  who  were 
hence  called  x^l^0T0VVT0^  in  voting  upon  laws,  and 
in  some  kinds  of  trials  on  matters  which  concerned 
the  people,  as  upon  npoSoXai  and  eiaayyeMai.  We 
frequently  find,  however,  the  word  tfjrj^eodai  used 
where  the  votes  were  really  given  by  show  of  hands.3 

The  manner  of  voting  by  a  show  of  hands  is  said 
by  Suidas4  to  have  been  as  follows :  The  herald 
said,  "Whoever  thinks  that  Midias  is  guilty,  let 
him  lift  up  his  hand."  Then  those  who  thought  so 
stretched  forth  their  hands.  Then  the  herald  said 
again,  "  Whoever  thinks  that  Midias  is  not  guilty,  let 
him  lift  up  his  hand ;"  and  those  who  were  of  this 
opinion  stretched  forth  their  hands.  The  number  of 
hands  was  counted  each  time  by  the  herald  ;  and  the 
president,  upon  the  herald's  report,  declared  on  which 
side  the  majority  voted  (dvayopeveiv  Ta^xeLP0T0VLaQli)- 

It  is  important  to  understand  clearly  the  com- 
pounds of  this  word.  A  vote  condemning  an  ac- 
cused person  is  Karaxeiporovia ;  one  acquitting  him, 
uvcox^ipoTovia  ;6  eirtxEtporovelv  is  to  confirm  by  a 
majority  of  votes  ;7  knixsipoTovia  ruv  vofiuv  was  a 
revision  of  the  laws,  which  took  place  at  the  begin- 
ning of  every  year ;  eTuxeipoTovla  tuv  apxtiv  was  a 
vote  taken  in  the  first  assembly  of  each  prytania 
on  the  conduct  of  the  magistrates  ;  in  these  cases, 
those  who  voted  for  the  confirmation  of  the  law,  or 
for  the  continuance  in  office  of  the  magistrate,  were 
said  kmxeipoTovetv,  those  on  the  other  side,  airoxei- 
porovelv  ;8  diaxeiporovia  is  a  vote  for  one  of  two 
alternatives  ;9  uvTixetporoveiv,  to  vote  against  a 
proposition.  The  compounds  of  ipt]<j>i^eadat  have 
similar  meanings.10 

CHEIROTONETOI.     (Vid.  Archairesiai.) 

CHELIDO'NIA  (xe^iSovia),  a  custom  observed 
in  the  island  of  Rhodus  in  the  month  of  Boedromion, 
the  time  when  the  swallows  returned.  During  that 
season,  boys,  called  x&t-doviarai,  went  from  house  to 
house  collecting  little  gifts,  ostensibly  for  the  return- 
ing swallows  (x^tdovi^eiv),  and  singing  a  song  which 
is  still  extant.11   It  is  said  to  have  been  introduced  bv 

m 

Cleobulus  of  Lindus  at  some  period  when  the  town 
was  in  great  distress.  The  chelidonia,  which  have 
sometimes  been  called  a  festival,  seem  to  have  been 
nothing  but  a  peculiar  mode  of  begging,  which,  on 
the  occasion  of  the  return  of  the  swallows,  was 
carried  on  by  boys  in  the  manner  stated  above. 
Many  analogies  may  still  be  observed  in  various 
sountries  at  the  various  seasons  of  the  year. 
CHEME  {xvpv),  a  Greek  liquid  measure,  the  capa- 

1  (Fast.,  ii.,  617.)— 2.  (Athen.,  xiv.,  27,  p.  629,  b.— Hesych., 
rol.  ii.,  p.  1547,  ed.  Alberti.— .^Elian,  V.  H.,  xiv.,  22.— Dio 
Cass.,  xxxvi.,  13.— Paus.,  vi.,  10,  t>  1.)— 3.  (Vid.  Lysias,  c.  Era- 
»osth.,  p.  124,  16,  and  p.  127,  8,  ed.  Steph.— Demosth.,  Olynth., 
i.,  p.  9.) — 4.  (s.v.  KaTexeipoT6vr)<T£v.)— 5.  (iEsch.,c.  Ctes.,  §2.) 
— <\  (Demosth.,  c.  Midias,  p.  516,  553,  583.)— 7.  (Demosth.,  De 
Cor.,  p.  235,  261.)— 8.  (Demosth.,  c.  Timocr.,  p.  706.— Harpo- 
zrtt.  and  Suidas,  s.  v.  Kvpia  i  kk\t)  a  (a.— Demosth.,  c.  Theocrin., 
p.  1330  ) — 9.  (Demosth.,  c.  Androtion.,  p.  596. — c.  Timocr.,  p. 
<07.— c.  Neaer.,  p.  1346.)— 10.  (Schomann,  De  Comitiis  Atheni- 
ensium,  p.  120,  125,  231,  251,  330.)— 11.  (Athemeus,  viii.,  p. 
360.— Compare  Ilgen,  Opusc.  Phil.,  i.,  p.  164,  and  Eustath.  ad 
Od..  xxii.,  sub  fin  1 


city  of  which  (as  is  the  case  with  most  of  the  smaller 
measures)  is  differently  stated  by  different  authori- 
ties. There  was  a  small  cheme,  which  contained 
two  cochlearia  or  two  drachmae,  and  was  the  sev- 
enty-second part  of  the  cotyle,  =0068  of  a  pint 
English.1  The  large  cheme  was  to  the  small  in 
the  proportion  of  3  to  2.  Other  sizes  of  the  chemo 
are  mentioned,  but  they  differ  so  much  that  we 
cannot  tell  with  certainty  what  they  really  were.2 

♦CHENALOTEX    (xvvaWmjf),   a   species    of 
aquatic  fowl.     (Vid.  Anas.) 

CHENFSCUS  (xnvio-Kog)  was  a  name  sometimea 
given  to  the  uKpoardliov  of  a  ship,  because  it  was 
made  in  the  form  of  the  head  and  neck  of  a  goose 
(xvv)  or  other  aquatic  bird.  This  ornament  was 
probably  adopted  as  suitable  to  a  vessel  which  was 
intended  to  pursue  its  course,  like  such  an  animal, 
over  the  surface  of  the  water.3  We  are  informed 
that  a  ship  was  sometimes  named  "  The  Swan" 
(kvkvoc),  having  a  swan  carved  upon  the  prow.4 
Though  commonly  fixed  to  the  prow,  the  eheniscus 
sometimes  adorned  the  stern  of  a  ship.  It  was  often 
gilt.6  A  eheniscus  of  bronze  is  preserved  in  the  Royal 
Library  at  Paris.6  Not  unfrequently  we  find  the  ehe- 
niscus represented  in  the  paintings  found  at  Hercu 
laneum,  and  on  antique  gems.  Examples  are  seen 
in  the  annexed  woodcut,  and  in  that  at  p.  62 


*CHENOPOD'IUM  (xvvoirodiov)  and  CHEN'O 
PUS  (xvvoTrovg),  a  species  of  plant,  commonly  called 
the  Goosefoot.  Dioscorides7  and  Pliny8  mention 
two  kinds,  the  wild  and  domestic  (sylvestre  and 
sativum),  the  former  of  which  is  the  same  with  the 
urpd(pa^ig  or  drpdQat-vg,  the  latter  the  Atriplex  hor- 
tensis,  or  Orach  (the  xPvao^Xavov  °f  Theophras 
tus9).  The  modern  Greeks  use  the  Chenopodium 
as  a  good  remedy  for  wounds,  and  call  it  navuKta.10 
The  Chenopodium  botrys  has  a  balsamic  perfume, 
and  yields  an  essential  oil,  which  renders  it  tonic 
and  antiscorbutic.  Sibthorp  found  it  between  Smyr- 
na and  Brousa,  on  the  banks  of  the  streams.11  The 
seed  resembles  a  cluster  of  grapes,  and  has  a 
vinous  smell,  whence  the  name  botrys  (ftorpve,  "  a 
cluster").  The  most  important  property  possessed 
by  the  Goosefoot  tribe  is  the  production  of  soda, 
which  some  of  them  yield  in  immense  quantities.1* 

CHERNIPS,    CHERNIBON    (jcepvt^  xepvi6ov, 
from  x^tp  and  vltztu),  signifies  the  water  used  for 
ablution  and  purification,  or  the  vessel  which  con 
tained  it.13 

A  marble  vase  containing  lustral  water  was  pla- 
ced at  the  door  of  both  Greek  and  Roman  temples, 
which  was  applied  to  several  purposes.  The  priest 
stood  at  the  door  with  a  branch  of  laurel14  or  olive 


1.  (Rhemn.  Faun.,  v.,  77.) — 2.  (Hussey,  Anc.  Weights, 
Money,  &c. — Wurm,  De  Pond.,  &c.) — 3.  (Etym.  Mag.) — 4 
(Nicostratus,  ap.  Athen.,  xi.,  48. — Etym.  Mag-.,  s.  ▼.  Kvkvos.)— 
5.  (Lucian,  Ver.  Hist.,  41.— Jup.  Trag.,  47.)— 6.  (Millin,  Diet 
des  Beaux  Arts.)— 7.  (ii.,  145.)— 8.  (II.  N.,  xx.,  20.)— 9.  (H.P. 
vii.,  1.)— 10.  (Billerbeck,  Flora  Graca,  p.  62  >-- 11  (Bill-rbeok 
1.  c.) — 12.  (Lindley's Botany,  p.  165.)— 13.  (Phavorin-is.—  F.'.yia 
Magr.,  s.  t.  AiSn<;.— Hesycb  )— 14.  (Ovid,  Fa/:t.,  v.,  679  ) 

2:w 


CHIRAMAXIUM. 


CHIROGRAPHUM. 


tree1  in  his  hand,  which  he  dipped  into  the  water, 
and  sprinkled  as  a  purification  over  all  who  entered. 
Instead  of  these  branches,  the  Romans  used  an  in- 
strument called  aspcrgillum  for  the  purpose,  the 
form  of  which  is  frequently  met  with  upon  medals 
and  bas-reliefs. 

Another  Greek  rite  was  performed  by  the  priest 
taking  a  burning  torch  from  the  altar,  which  he  dip- 
ped into  the  lustral  water  (xepviip),  and  then  sprin- 
kled it  over  the  by-standers.2  Water  was  also  sprin- 
kled over  the  head  of  the  victim  as  an  initiation  to 
the  sacrifice  ;  hence  the  expression  x^PVi^ac  vefieiv,3 
"  to  perform  a  sacrifice,"  and  xaLTrlv  fy<j>i  ct]v  xeP~ 
i>iipo/jiai.* 

The  vessel  which  the  Romans  used  was  of  the 
kind  called  labrum,5  resembling  those  still  employed 
for  a  somewhat  similar  purpose  in  the  Roman 
churches,  one  of  which  is  shown  in  the  Laconicum 
at  Pompeii.     (Vid.  Baths,  p.  150.) 

But  the  word,  as  its  etymology  indicates,  is  of  a 
more  domestic  origin  ;  and,  in  reference  to  the  cus- 
tom, common  to  both  nations,  of  washing  their 
hands  before  meals,  is  used  with  the  same  double 
meaning  above  mentioned.6  In  the  first  passage 
cited  from  Homer,  x^PVL1P  is  Put  f°r  tne  w'ater  it- 
self; in  the  second,  x£pVL&0V  is  used  for  the  vessel 
which  receives  it.  In  both  instances  the  water  is 
poured  out  of  a  jug  (rrpoxoog ),  and  the  two  together 
correspond  with  our  term  a  basin  and  ewer. 

*CHERNITES  (x^pvirr/c),  a  species  of  Stone, 
which  Pliny,7  after  Theophrastus,8  says  was  very 
like  ivory,  and  in  a  coffin  of  which  the  body  of  Da- 
rius lay.  The  French  commentators  on  Pliny  make 
it  and  the  poms,  mentioned  by  the  same  writers  as 
resembling  in  colour  and  hardness  Parian  marble, 
to  have  been  varieties  of  calcareous  tufa  ("  carbon- 
ate de  chaux  sedimentaire,  ou  craie  grossiere  et 
compacte,  chloriteuse,  renfermant  des  silex  blonds 
et  des  gryphites").9 

CHEROS'TAI.     (Vid.  Heres.) 

*CHERS'YDRUS(;tfc-p<n><5pof),  a  species  of  Snake, 
i-ving,  as  the  name  imports,  both  on  land  and  in  the 
water  (^e'paoc,  "  land,"  vdop,  "  water").  A  good 
description  of  its  form  and  nature  is  given  by  Vir- 
gil.10 According  to  the  poet,  it  was  marked  with 
iarge  spots  on  the  belly.  Under  the  head  of  Chcrs- 
ydrus,  at  the  present  day,  Cuvier  ranks  the  Oular- 
Jimpe  (Acrochordus  Fasciatus,  Sh.),  a  very  venomous 
serpent  which  inhabits  the  bottoms  of  the  rivers  of 
Java. 

*CHIA  TERRA  (XLa  yij),  a  species  of  Earth  ob- 
tained from  the  island  of  Chios.  The  ancients 
used  it  internally  as  an  astringent ;  but  its  chief  use 
was  as  a  cosmetic,  it  being  highly  valued  for  clean- 
sing the  skin  and  removing  wrinkles.  Galen  says 
it  was  an  earth  of  a  white  colour,  but  not  a  bright, 
clear  white,  and  that  it  wTas  brought  in  flat  pieces ; 
and  Dioscorides  says  it  was  whitish,  but  tending  to 
ash  colour.11  "  Like  the  Selinasian  and  Pnigitic 
earths,"  observes  Adams,  "it  is  an  argil  more  or 
less  pure." 

CHIRAMA'XIUM  (xeipafj.u^iov,  from  x^'LP  and 
ufia^a,  a  sort  of  easy-chair  or  "  go-cart,"  used  for 
invalids  and  children.18  It  differed  from  the  sella 
gcstaloria,  which  answers  to  our  sedan-chair,  in 
which  the  person  was  carried  by  his  slaves  or  ser- 
vants, since  it  went  upon  wheels,  though  moved  by 
men  instead  of  animals.  Doubts  are  entertained 
whether  this  small  vehicle.  wras  drawn  or  propelled, 


as  it  is  observed  that  men  draw  from  the  neck  and 
shoulders,1  and  push  with  their  hands,  which  latter 
method  is  clearly  the  one  intended  by  Aurelian,* 
"  vehiculo  manibus  acto." 

CHIRIDO'TA  (xeipiduroc,  from  XeLpk,  manica), 
a  tunic  with  sleeves.  The  tunic  of  the  Egyptians, 
Greeks,  and  Romans  was  originally  without  sleeves 
(vid.  Exomis),  or  they  only  came  a  little  way 
down  the  arm.  On  the  other  hand,  the  Asiatic  and 
Celtic  nations  wore  long  sleeves  sewed  to  their  tu- 
nics, together  with  trousers  as  the  clothing  of  their 
lower  extremities,  so  that  these  parts  of  attire  are 
often  mentioned  together.3  (Woodcuts,  pages  15, 
171.)  The  Greeks  also  allowed  tunics  with  sleeves 
to  females  (woodcut,  p.  188),  although  it  was  con- 
sidered by  the  Latins  indecorous  when  they  were 
worn  by  men.*  Cicero  mentions  it  as  a  great  re- 
proach to  Catiline  and  his  associates  that  they  wore 
long  shirts  with  sleeves  (manicatis  et  lalaribus  tuni- 
cis5).  Caligula,  nevertheless,  wore  sleeves,  togeth- 
er with  other  feminine  ornaments  (manuleatus*). 
Sleeves  were  worn  on  the  stage  by  tragic  actors 
(XEipldec'1) ;  and  they  were  used  by  shepherds  and 
labourers,  who  had  no  upper  garment,  as  a  protec- 
tion against  the  severities  of  the  weather  (pellilus 
manicatis9).     (Vid.  woodcuts,  p.  112,  132.) 

All  the  wroodcuts  already  referred  to  show  the 
sleeves  of  the  tunic  coming  down  to  the  wrist. 
We  now  insert  from  an  Etruscan  vase  the  figure  of 
a  woman,  whose  sleeves  reach  only  to  the  elbow, 
and  who  wears  the  capistrum  to  assist  her  in  blow 
ing  the  tibia  pares*     (Vid.  Manica,  Tunica.) 


CHIRO'GRAPHUM  (xeipoypafov)  meant  first,  as 
its  derivation  implies,  a  handwriting  or  autograph. 
In  this  its  simple  sense,  xtLP  m  Greek  and  manus 
in  Latin  are  often  substituted  for  it. 

Like  similar  words  in  all  languages,  it  acquired 
several  technical  senses.  From  its  first  meaning 
was  easily  derived  that  of  a  signature  to  a  will  or 
other  instrument,  especially  a  note  of  hand  given 
by  a  debtor  to  his  creditor.  In  this  latter  case  it 
did  not  constitute  the  legal  obligation  (for  the  debt 
might  be  proved  in  some  other  way) ;  it  was  only 
a  proof  of  the  obligation. 

According  to  Asconius,10  chirographum,  in  the 
sense  of  a  note  of  hand,  was  distinguished  from 
syngrapha  ;  the  former  was  always  given  for  mon- 
ey actually  lent,  the  latter  might  be  a  mere  sham 
agreement  (something  like  a  bill  of  accommodation, 

1.  (Virg-.,  Mvl.,  ii.,  236.)— 3.  (11.  cc.)— 3.  (Herod.,  vii.,  61.— 
Strabo,  xv.,  3, 19. — Ta\aracu>s  ava\vplai  Kal  %tipiaiv  avtoKtvao 
pivoq:  Plutarch,  Otho,  6.)— 4.  (Aul.Gell.,  vii.,  12.— Virg.,^En., 
ix.,  616.)— 5.  (Orat.  in  Cat.,  ii.,  10.)— 6.  (Sueton.,  Calig.,  52.) 
—7.  (Lucian,  Jov.  Trag.)— 8.  (Colum.,i.,  8;  xi.,  1.)— 9.  (Har 
canville,  Ant   Etrusq.,  t.  ii.,  p.  113.)— 10.  (in  Verr.,  iii.,  3S  • 


CHIIiURGIA. 


CHIRURGIA. 


though  with  a  different  object)  to  pay  a  debt  which 
had  never  been  actually  incurred.  The  chirogra- 
•phum  was  kept  by  the  creditor,  and  had  only  the 
debtor's  signature  ;  the  syngrapha,  on  the  contrary, 
was  signed  and  kept  by  both  parties. 

In  the  Latin  of  the  middle  ages,1  chirographum 
was  used  to  signify  tribute  collected  under  the  sign- 
manual  of  a  person  in  authority,  similar  to  the  briefs 
and  benevolences  of  former  times  in  our  own  coun- 
try. It  was  also  used,2  till  very  lately,  in  the  Eng- 
lish law  for  an  indenture.  Duplicates  of  deeds  were 
written  on  one  piece  of  parchment,  with  the  word 
chirographum  between  them,  which  was  cut  in  two 
in  a  straight  or  wavy  line,  and  the  parts  given  to 
the  care  of  the  persons  concerned.  By  the  Canon- 
ists, Blackstone  remarks,  the  word  syngrapha  or 
syngraphus  was  employed  in  the  same  way,  and 
hence  gave  its  name  to  these  kinds  of  writing. 

CHIRU'RGIA  (xeipovpyla':.  The  practice  of  sur- 
gery was  for  a  Ions  time  consxered  by  the  ancients 
to  be  merely  a  part  of  a  physician's  duty  ;  but,  as  it 
is  now  almost  universally  allowed  to  be  a  separate 
branch  of  the  profession,  it  will  perhaps  be  more 
convenient  to  treat  of  it  under  a  separate  head.  It 
will  not  be  necessary  to  touch  upon  the  disputed 
questions,  which  is  the  more  ancient,  or  which  is 
the  more  honourable  branch  of  the  profession  ;  nor 
even  to  try  to  give  such  a  definition  of  the  word 
ckirurgia  as  would  be  likely  to  satisfy  both  the  phy- 
sicians and  surgeons  of  the  present  day  ;  it  will  be 
sufficient  to  determine  the  sense  in  which  the  word 
was  used  by  the  ancients ;  and  then,  adhering  close- 
ly to  that  meaning,  to  give  an  account  of  this  divis- 
ion of  the  science  and  art  of  medicine,  as  practised 
among  the  Greeks  and  Romans,  referring  to  the  ar- 
ticle Medicixa  for  farther  particulars. 

The  word  chirurgia  is  derived  from  ^a'p,  the 
hand,  and  epyov,  a  work,  and  is  explained  by  Cel- 
eus3  to  mean  that  part  of  medicine  qua  manu  curat, 
"  which  cures  diseases  by  means  of  the  hand  ;"  in 
Diogenes  Laertius*  it  is  said  to  cure  dtd  rod  ripvtiv 
Kal  icaieiv,  "  by  cutting  and  burning  ;"  nor  (as  far 
as  the  writer  is  aware)  is  it  ever  used  by  ancient 
authors  in  any  other  sense.  Omitting  the  fabulous 
and  mythological  personages,  Apollo,  ^Esculapius, 
Chiron,  &c.,  the  only  certain  traditions  respecting 
the  state  of  surgery  before  the  establishment  of  the 
republics  of  Greece,  and  even  until  the  time  of  the 
Peloponnesian  war,  are  to  be  found  in  the  Iliad  and 
Odyssey.  There  it  appears  that  surgery  was  al- 
most entirely  confined  to  the  treatment  of  wounds ; 
and  the  imaginary  power  of  enchantment  was  join- 
ed with  the  use  of  topical  applications.6  The 
Greeks  received  surgery,  together  with  the  other 
branches  of  medicine,  from  the  Egyptians  ;  and, 
from  some  observations  made  by  the  men  of  sci- 
ence who  accompanied  the  French  expedition  to 
Egypt  in  1798,  it  appears  that  there  are  documents 
fully  proving  that  in  very  remote  times  this  extra- 
ordinary people  had  made  a  degree  of  progress  of 
which  few  of  the  moderns  have  any  conception  : 
upon  the  ceilings  and  walls  of  the  temples  at  Ten- 
tyra,  Karnac,  Luxor,  &c.,  basso-relievos  are  seen, 
representing  limbs  that  have  been  cut  off  with  in- 
struments very  analogous  to  those  which  are  em- 
ployed at  the  present  day  for  amputations.  The 
same  instruments  are  again  observed  in  the  hiero- 
glyphics, and  vestiges  of  other  surgical  operations 
may  be  traced,  which  afford  convincing  proofs  of  the 
sk  ill  of  the  ancient  Egyptians  in  this  branch  of  med- 
ical science.6 

The  earliest  remaining  surgical  writings  are  those 


1.  (Vid.  Du  Fresne,  s.  v.)— 2.  (Vid.  Blackstone,  b.  ii.,  c.  20.) 
—3  (De  Med.,  lib.  -vii.,  Pnefat.)— 4.  (De  Vit.  Philos.,  iii.,  1,  $ 
85.)— 5.  (II.,  iii.,  218  ;  xi.,  515,  828,  843,  &c  )— 6.  (I.arrey,  quo- 
i«d  in  Cooper's  Surg.  Diet.) 

U     IT 


of  Hippocrates,  who  was  born,  according  to  Clin 
ton,1  01.  80,  1,  B.C.  460,  and  died  01.  105,  4,  B.C. 
357.  Among  his  reputed  works  there  are  ten  treat 
ises  on  this  subject,  viz. :  1.  Kar'  'Inrpelov,  De  Of 
ficina  Medici ;  2.  Hepi  'Aypuv,  De  Fracturis ;  3. 
Hepi'Apdpcov,  De  Arliculis  ;  4.  Mo^Ai/c6f,  Vectiarius; 
5.  Hepi  'EXkuv,  De  Ulccribus ;  6.  tiepl  Iivpiyyov,  Dt 
Fistulis;  7.  Hepi  Aip.opp'oLduv,  De  Hcemorrhdidibus ; 
8.  Hepi  ruv  kv  Ke&aA?)  Tpupuruv,  De  Capitis  Vul- 
neribus ;  9.  Hepi  'EyKararopf/c  'Epdpvov,  De  Rcsec- 
tione  Foztus ;  and,  10.  Hepi  'Avaropf/c,  De  Corporum 
Rcsectione.  Of  these  it  should  be  remarked,  that 
only  the  eighth  is  considered  undoubtedly  genuine ; 
though  the  first,  second,  third,  and  fourth,  if  noi; 
written  by  Hippocrates  himself,  appear  to  belong  to 
a  very  early  age.2  Hippocrates  far  surpassed  all 
his  predecessors  (and,  indeed,  most  of  his  success- 
ors) in  the  boldness  and  success  of  his  operations  ; 
and,  though  the  scanty  knowledge  of  anatomy  pos- 
sessed in  those  times  prevented  his  attaining  any 
very  great  perfection,  still  we  should  rather  admire 
his  genius,  which  enabled  him  to  do  so  much,  than 
blame  him  because,  with  his  deficient  information, 
he  was  able  to  do  no  more.  The  scientific  skill  in 
reducing  fractures  and  luxations  displayed  in  his 
works,  De  Fracturis,  De  Articulis,  excites  the  ad- 
miration of  Haller,3  and  he  was  most  probably  the 
inventor  of  the  ambe,  an  old  chirurgical  machine  for 
dislocations  of  the  shoulder,  which,  though  now 
fallen  into  disuse,  for  a  long  time  enjoyed  a  great 
reputation.  In  his  work  De  Capitis  Vulneribus  he 
gives  minute  directions  about  the  time  and  mode 
of  using  the  trephine,  and  warns  the  operator 
against  the  probability  of  his  being  deceived  by  the 
sutures  of  the  cranium,  as  he  confesses  happened 
to  himself  *  On  this  Celsus  remarks  .  "  More  scili- 
cet magnorum  virorum,  et  Jiduciam  magnarum  rerum 
habentium.  Nam  levia  ingenia,  quia  nihil  habent, 
nihil  sibi  detrahunt :  magno  ingenio,  multaque  nihilo- 
minus  habituro,  convenit  etiam  simplex  veri,  erroris 
confessio ;  prcecipueque  in  eo  ministerio,  quod  utilita- 
tis  causa  posteris  traditur ;  ne  qui  decipiantur  eadem 
ratione,  qua  quis  ante  deceptus  est."5  The  author  of 
the  Oath,  commonly  attributed  to  Hippocrates,  binds 
his  pupils  not  to  perform  the  operation  of  lithotomy, 
but  to  leave  it  to  persons  accustomed  to  it  (kpyarno; 
avdpaoi  irpr/t-toc  rijade) ;  from  which  it  would  appeal 
as  if  ceitain  persons  confined  themselves  to  partic- 
ular operations.  Avenzoar  also,  in  his  work  enti- 
tled Teiser,  "  Rectificatio  Regiminis,"  refused  to  per- 
form this  operation ;  but  in  his  case  it  was  from 
religious  motives,  and  because,  being  a  Jew,  he 
thought  it  unlawful  to  look  upon  another's  naked- 
ness. % 
The  names  of  several  persons  are  preserved  who 
practised  surgery  as  well  as  medicine  in  the  times 
immediately  succeeding  those  of  Hippocrates  ;  but, 
with  the  exception  of  some  fragments  inserted  in 
the  writings  of  Galen,  Oribasius,  Aetius,  &c,  all 
their  writings  have  perished.  Archagathus  de- 
serves to  be  mentioned,  as  he  is  said  to  have  been 
the  first  foreign  surgeon  that  settled  at  Rome, 
A.U.C.  535,  B.C.  219.6  He  was  at  first  very  well 
received,  the  jus  Quiritium  was  conferred  upon  him 
a  shop  was  bought  for  him  at  the  public  expense, 
and  he  received  the  honourable  title  of  Vulnerarius 
This,  however,  on  account  of  his  frequent  use  Ot 
the  knife  and  cautery,  was  soon  changed  by  the 
Romans  (who  were  unused  to  such  a  mode  of  prac- 
tice) into  that  of  Carnifex.  Asclepiades,  who  lived 
about  the  middle  of  the  seventh  century  A.U.C,  is 
said  to  have  been  the  first  person  who  proposed  the 


1.  (Fasti  Hellen.)— 2.  (Vid.  Fabric.,  IJibl.  Gr.)— 3.  (Biblioth 
Chirurg.)— 4.  (De  Morb.  Vulgar.,  lib.  v.,  p.  561,  cd.  Kiihn.)— 5 
(De  Med.,  viii.,  4,  p.  467,  ed.  Ardent.)-  6.  (Cassias  Ilemina,  ap 
Plin.,  II.  N..  xxix.,6.) 

24J 


CHIRURGIA. 


CHIRl  RGIa. 


operation  of  bronchotomy,  though  he  himself  never 
performed  it  ;x  and  Ammonius  of  Alexandrea,  sur- 
uamed  Acdordfiog,  who  is  supposed  to  have  lived 
rather  later,  is  celebrated  in  the  annals  of  surgery 
for  having  been  the  first  to  propose  and  to  perform 
the  operation  of  Lithotrity,  or  breaking  a  calculus 
in  the  bladder,  when  found  to  be  too  large  for  safe 
extraction.      Celsus   has   minutely   described   his 
mode  of  operating,3  which  very  much  resembles 
that  lately  introduced  by  Civiale  and  Heurteloup, 
and  which  proves  that,  however  much  credit  they 
may  deserve  for  bringing  it  again  out  of  oblivion 
into  public  notice,  the  praise  of  having  originally 
thought  of  it  belongs  to  the  ancients.     "  A  hook," 
says  Celsus,   "  is  to  be  so  insinuated  behind  the 
stone  as  to  resist  and  prevent  its  recoiling  into  the 
bladder,  even  when  struck  ;   then  an  iron  instru- 
ment is  used,  of  moderate  thickness,  flattened  to- 
wards the  end,  thin,  but  blunt ;  which,  being  placed 
against  the  stone,  and  struck  on  the  farther  end, 
cleaves  it ;   great  care  being  taken,  at  the  same 
time,  that  neither  the  bladder  itself  be  injured  by 
the  instruments,  por  the  fragments  of  the  stone  fall 
back  into  it."    Avenzoar  also3  mentions  this  mode 
of  getting  rid  of  a  calculus,  though  he  does  not  de- 
scribe the  operatian  so  minutely  as  Celsus.     The 
next  surgical  writer  after  Hippocrates,  whose  works 
are  still  extant,  is  Celsus,  who  lived  at  the  begin- 
ning of  the  first  century  A.D.,  and  who  has  given 
up  the  last  four  books  of  his  work,  De  Medicina, 
and  especially  the  seventh  and  eighth,  entirely  to 
surgical  matters.     It  appears  plainly  from  reading 
Celsus,  that,  since  the  time  of  Hippocrates,  surgery 
had  made  very  great  progress,  and  had,  indeed, 
reached  a  high  degree  of  perfection.     He  is  the  first 
author  who  gives  directions  for  the  operation  of 
lithotomy,*  and  the  method  described  by  him  (called 
the  apparatus  minor,  or  Celsus' 's  method)  continued  to 
be  practised  till  the  commencement  of  the  sixteenth 
century.     It  was  performed  at  Paris,  Bordeaux,  and 
other  places  in  France,  upon  patients  of  all  ages, 
even  as  late  as  a  hundred  and  fifty  years  ago ;  and 
a  modern  author5  recommends  it  always  to  be  pre- 
ferred on  boys  under  fourteen.6     He  describes7  the 
operation  of  Infibulatio,  which  was  so  commonly 
performed  by  the  ancients  upon  singers,  &c,  and  is 
often  alluded  to  in  classical  authors.8    He  also  de- 
scribes9 the  operation  alluded  to  by  St.  Paul,10  nepi,- 
reTfiviiEvog  rig  eKkrjdn :   (irj   eTnardado).      Compare 
PaulusiEgineta,11  who  transcribes  from  Antyllus  a 
second  method  of  performing  the  operation.     See 
ilso  Parkhurst's  Lexicon,  and  the  references  there 


*iven. 


The  following  description,  given  by  Celsus,  of 
the  necessary  qualifications  of  a  surgeon,  deserves 
to  be  quoted  :  "  A  surgeon,"  says  he,12  "  ought  to 
be  young,  or,  at  any  rate,  not  very  old  ;  his  hand 
should  be  firm  and  steady,  and  never  shake ;  he 
should  be  able  to  use  his  left  hand  with  as  much 
dexterity  as  his  right ;  his  eyesight  should  be  acute 
and  clear ;  his  mind  intrepid,  and  so  far  subject  to 
pity  as  to  make  him  desirous  of  the  recovery  of  his 
patient,  but  not  so  far  as  to  suffer  himself  to  be 
moved  by  his  cries  ;  he  should  neither  hurry  the 
operation  more  than  the  case  requires,  nor  cut  less 
than  is  necessary,  but  do  everything  just  as  if  the 
other's  screams  made  no  impression  upon  him." 
The  reading  of  Targa's  edition,  misericors,  has  been 

I.  (Cael.  Aurel.,  DeMorb.  Acut.,i.,  14;  iii.,4.)— 2.  (De  Med., 
vii.,  23,  $  3,  p.  436.)— 3.  (p.  29,  ed.  Venet.,  1549.)— 4.  (De  Med., 
vii.,  26,  y  2,  p.  432.)— 5.  (Allan on  Lithotomy,  p.  12.)— 6.  (Coop- 
er's Diet,  of  Pract.  Surg-.,  art.  Lithotomy.) — 7.  (vii.,  25,  y  3,  p. 
428.)— 8.  (Juv.,  Sat.,  vi.,  73,  379.— Seneca,  apud  Lactant.,  Di- 
vm.  Inst.,  i.,  16— Mart.,  EpigT.,  vii.,  82,  1  ;  ix.,  28,  12;  xiv., 
215,  1.— Tertull.,  De  Corona  Mil.,  11.)— 9.  (vii.,  25,  y  1,  p.  427.) 
—10.  (1  Corinth.,  vii.,  18.)— 11.  De  Re  Med.  vi.  53.)— 12.  (lib. 
vii.,  Praefat.) 

242 


followed  in  this  passage  of  Celsus,  though  irnmis- 
cricors  will  also  admit  of  a  very  good  sense ;  for; 
as  Richerand  has  observed,1  Celsus  did  not  meac 
by  it  that  a  surgeon  ought  to  be  quite  insensible  to 
pity  ;  but  that,  during  the  performance  of  an  opera- 
tion, this  passion  ought  not  to  influence  him,  as  al! 
emotion  would  then  be  weakness. 

Perhaps  the  only  surgical  remark  worth  quoting 
from  Aretaeus,  who  lived  in  the  first  century  A.D., 
is,  that  he  condemns  the  operation  of  bronchotomy, 
and  thinks  "  that  the  wound  would  endanger  an  in- 
flammation, cough,  and  strangling  ;  and  that,  if  the 
danger  of  being  choked  could  be  avoided  by  this 
method,  yet  the  parts  would  not  heal,  as  being  car- 
tilaginous."2 

Omitting  Scribonius  Largus,  Moschion,  and  So- 
ranus,  the  next  author  of  importance  is  Caslius  Au- 
relianus,  who  is  supposed  to  have  lived  about  the 
beginning  of  the  second  century  A.D.,  and  in  whose 
works  there  is  a  good  deal  relating  to  surgery, 
though  nothing  that  can  be  called  original.  He  re- 
jected as  absurd  the  operation  of  bronchotomy.3 
He  mentions  a  case  of  ascites  that  was  cured  by 
paracentesis,4  and  also  a  person  who  recovered  af- 
ter being  shot  through  the  lungs  by  an  arrow.5 

Galen,  the  most  voluminous,  and,  at  the  samp, 
time,  the  most  valuable  medical  writer  of  antiquity, 
is  less  celebrated  as  a  surgeon  than  as  an  anato- 
mist and  physician.  He  appears  to  have  practised 
surgery  at  Pergamus  ;  but,  upon  his  removal  to 
Rome  (A.D.  165),  he  confined  himself  entirely  to 
medicine,  following,  as  he  says  himself,6  the  cus- 
tom of  the  place.  This  would  seem  also  to  have 
been  the  custom  among  the  Arabians,  as  Avenzoar 
says7  that  a  physician  ought  to  be  able  to  perform 
operations,  but  should  not  do  so  except  in  cases  of 
necessity.  Galen's  writings  prove,  however,  that 
he  did  not  entirely  abandon  surgery.  His  Commen- 
taries on  the  Treatise  of  Hippocrates,  De  Ojficina 
Medici,  and  his  treatise  Uepl  ruv  'Emd£o-/j,ov,  De 
Fasciis,  show  that  he  was  well  versed  even  in  the 
minor  details  of  the  art.  He  appears  also  to  have 
been  a  skilful  operator,  though  no  great  surgical  in- 
ventions are  attributed  to  him.  His  other  surgical 
writings  consist  of  Commentaries  on  Hippocrates, 
De  Fracturis  and  De  Articulis ;  besides  a  good 
deal  of  the  matter  of  his  larger  works,  De  Methodo 
Medendi  and  De  Compositio?ie  MeAicamentorum. 

Antyllus,  who  lived  some  time  between  Galen  and 
Oribasius,  is  the  earliest  writer  whose  directions 
for  performing  bronchotomy  are  still  extant,  though 
the  operation  (as  was  stated  above)  was  proposed 
by  Asclepiades  about  three  hundred  years  before 
Only  a  few  fragments  of  the  writings  of  Antyllus 
remain,  and  among  them  the  following  passage  is 
preserved  by  Paulus  ^Egineta  :8  "  Our  best  sur- 
geons have  described  this  operation,  Antyllus  par- 
ticularly, thus  :  '  We  think  this  practice  useless, 
and  not  to  be  attempted  where  all  the  arteries  and 
the  lungs  are  affected  (by  the  word  dprnpiai  here, 
he  means  the  bronchia,  or  ramifications  of  the  tra- 
chea. Vid.  Arteria)  ;  but  when  the  inflammation 
lies  chiefly  about  the  throat,  the  chin,  and  the  ton- 
sils which  cover  the  top  of  the  windpipe,  and  the 
artery  is  unaffected,  this  experiment  is  very  ration- 
al, to  prevent  the  danger  of  suffocation.  When  we 
proceed  to  perform  it,  we  must  cut  through  some 
part  of  the  windpipe,  below  the  larynx,  about  the 
third  or  fourth  ring  ;  for  to  cut  quite  through  would 
be  dangerous.  This  place  is  the  most  commo- 
dious, because  it  is  not  covered  with  any  flesh,  and 
because  it  has  no  vessels  near  it.     Therefore,  bend- 


1.  (Nosogr.  Chir.,vol.  i.,  p.  42,  edit.  2.)— 2.  (De  Morb.  Acut. 
Cur.,  i.,  7,  p.  227,  ed.  Kiihn.)— 3.  (De  Morb.  Chron.,  iii.,  4.)— 
4.  (Ibid.,  iii.,  8.)— 5.  (Ibid.,  iii.,  12.)— 6.  (De  Meth.  Med.,  vi., 
20.)— 7.  (p.  31.)— 8.  (De  Re  Med.,  vi.,  33.) 


CHIRURGIA. 


CHIRURGIA. 


ing  the  head  of  the  patient  backward  so  that  the 
windpipe  may  come  more  forward  to  the  view,  we 
make  a  transverse  section  between  two  of  the 
rings,  so  that  in  this  case,  not  the  cartilage,  but  the 
membrane  which  encloses  and  unites  the  cartilages 
together,  is  divided.  If  the  operator  be  a  little 
fearful,  he  may  first  divide  the  skin,  extended  by  a 
hook  ;  then,  proceeding  to  the  windpipe,  and  separ- 
ating the  vessels,  if  any  are  in  the -way,  he  must 
make  the  incision.'  Thus  far  Antyllus,  who  thought 
of  this  way  of  cutting,  by  observing  (when  it  was, 
I  suppose,  cut  by  chance)  that  the  air  rushed 
through  it  with  great  violence,  and  that  the  voice 
was  interrupted.  When  the  danger  of  suffocation 
is  over,  the  lips  of  the  wound  must  be  united  by  su- 
ture, that  is,  by  sewing  the  skin,  and  not  the  carti- 
lage ;  then  proper  vulnerary  medicines  are  to  be 
applied.  If  these  do  not  agglutinate,  an  incarnant 
must  be  used.  The  same  method  must  be  used 
with  those  who  cut  their  throat  with  a  design  of 
committing  suicide."  This  operation  appears  to 
have  been  very  seldom,  if  ever,  performed  by  the 
ancients  upon  a  human  being.  Avenzoar1  tried  it 
upon  a  goat,  and  found  it  might  be  done  without 
much  danger  or  difficulty  ;  but  he  says  he  should 
not  like  to  be  the  first  to  try  it  upon  a  man. 

Oribasius,  physician  to  the  Emperor  Julian  (A.D. 
363),  professes  to  be  merely  a  compiler;  and 
though  there  is  in  his  great  work,  entitled  2wa- 
ri.*yai  'larptKai,  Collecta  Medicinalia,  much  surgical 
matter,  there  is  nothing  original.  The  same  may 
be  said  of  Aetius  and  Alexander  Trallianus,  both  of 
whom  lived  towards  the  end  of  the  sixth  century 
A.D.,  and  are  not  famous  for  any  surgical  inven- 
tions. Paulus  ^Egineta  has  given  up  the  fifth  and 
sixth  books  of  his  work,  De  Re  Medica,  entirely 
to  surgery,  and  has  inserted  in  them  much  useful 
matter,  the  fruits  chiefly  of  his  own  observation 
and  experience.  He  was  particularly  celebrated 
for  his  skill  in  midwifery  and  female  diseases, 
and  was  called  on  that  account,  by  the  Arabians, 
Al-Kawabeli,  "  the  Accoucheur."8  Two  pam- 
phlets were  published  in  1768  at  Gottingen,  4to,  by 
Rud.  Aug.  Vogel,  entitled  De  Pauli  JEgineta  Men- 
tis in  Medicinam,  imprimisque  Chirurgiam.  Paulus 
iEgineta  lived  probably  towards  the  end  of  the  sev- 
enth century  A.D.,  and  is  the  last  of  the  ancient 
Greek  and  Latin  medical  writers  whose  surgical 
works  remain.  The  names  of  several  others  are 
recorded,  but  they  are  not  of  sufficient  eminence  to 
require  any  notice  here.  For  farther  information 
on  the  subject  both  of  medicine  and  surgery,  see 
Medicina  ;  and  for  the  legal  qualifications,  social 
rank,  &c,  both  of  physicians  and  surgeons,  among 
the  ancient  Greeks  and  Romans,  see  Medicus. 

The  surgical  instruments,  from  which  the  accom- 
panying engravings  are  made,  were  found  by  a 
physician  of  Petersburg,  Dr.  Savenko,  in  1819,  at 
Pompeii,  in  Via  Consularis  (S  trad  a  Consulate),  in 
a  house  which  is  supposed  to  have  belonged  to  a 
surgeon.  They  are  now  preserved  in  the  museum 
at  Portici.  The  engravings,  with  an  account  of 
them  by  Dr.  Savenko,  were  originally  published  in 
the  Revue  Medicate  for  1821,  vol.  iii.,  p.  427,  &c. 
They  were  afterward  inserted  in  Froriep's  Notizen 
aus  &»m  Gebiete  der  Natur-und-Hcilkunde  for  1822, 
vol.  ii.,  n.  26,  p.  57,  &c.  The  plate  containing 
thets  instruments  is  wanting  in  the  copy  of  the 
Revue  Medicale  in  the  library  of  the  College  of  Sur- 
geons, so  that  the  accompanying  figures  are  copied 
from  the  German  work,  in  which  some  of  them  ap- 
pear to  be  drawn  very  badly.  Their  authenticity 
was  at  first  doubted  by  Kuhn,8  who  thought  they 

1.  (p  15.)— 2.  (Abulphavaj,  Hist.  Dynast.,  p.  181,  ed.  Po- 
socke  )-  3.  (De  Tnstrum  Chirurg.,  "Vet  •  -ibus  cognitis,  et  nuper 
%flf<v  is,  Lips.,  1823,  4to.) 


were  the  same  that  had  been  described  by  Bayardi 
in  his  Catal.  Antiq.  Monument.  Herculanieffos.,  Nap., 
1754,  fol.,  n.  236-294  ;  when,  however,  his  disser- 
tation was  afterward  republished,'  he  acknowledged 
himself  to  be  completely  satisfied  on  this  point,  and 
has  given,  in  the  tract  referred  to,  a  learned  and  in 
genious  description  of  the  instruments  and  their 
supposed  uses,  from  which  the  following  account  is 
chiefly  abridged.  It  will,  however,  be  seen  at  once 
that  the  form  of  most  of  them  is  so  simple,  and 
their  uses  so  obvious,  that  very  little  explanation  '.* 
necessary. 


1,  2.  Two  probes  (specillum,  nrfkn)  made  of  iron  . 
the  larger  six  inches  long,  the  smaller  four  and  a 
half.  3.  A  cautery  (Kavrfipiov)  made  of  iron,  rathei 
more  than  four  inches  long.  4,  5.  Two  lanceis 
(scalpellum,  cfiihn),  made  of  copper,  the  former  iw-7 
inches  and  a  half  long,  the  other  three  inches,  h 
seems  doubtful  whether  they  were  used  lor  blood- 
letting, or  for  opening  abscesses,  &o.  6.  A  knife 
apparently  made  of  copper,  the  Wade  of  which  ia 
two  inches  and  a  half  long,  and  in  the  broadest  part 
one  inch  in  breadth ;  the  back  is  straight  and  thick, 
and  the  edge  much  curved  ;  tbe  handle  is  so  short 
that  Savenko  thinks  it  must  have  been  broken.  It 
is  uncertain  for  what  particular  purpose  it  was  used : 
Kuhn  conjectures  that  (if  it  be  a  surgical  instrument 
at  all)  it  may  have  been  made  with  such  a  curved 
edge,  and  such  a  straight  thick  back,  that  it  might 
be  struck  with  a  hammer,  and  so  amputate  fingers, 
toes,  &c.  7.  Another  knife,  apparently  made  of 
copper,  the  blade  of  which  is  of  a  triangular  shape, 
two  inches  long,  and  in  the  broadest  part  eight  lines 
in  breadth  ;  the  back  is  straight  and  one  line  broad, 
and  this  breadth  continues  all  the  way  to  the  point, 
which,  therefore,  is  not  sharp,  but  guarded  by  a  sort 
of  button.  Kuhn  thinks  it  may  have  been  used  for 
enlarging  wounds,  &c,  for  which  it  would  be  par- 
ticularly fitted  by  its  blunt  point  and  broad  back. 

8.  A  needle,  about  three  inches  long,  made  of  iron. 

9.  An  elevator  (or  instrument  for  raising  depressed 
portions  of  the  scull),  made  of  iron,  five  inches  long, 
and  very  much  resembling  those  made  use  of  at  the 
present  day.  10-14.  (vid.  next  cut)  Different  kinds 
of  forceps  (vulsella).  No.  10  has  the  two  sides  sepa- 
rated from  each  other,  and  is  five  inches  long.  No. 
11  is  also  five  inches  long.  No.  12  is  three  inches 
and  a  half  long.  The  sides  are  narrow  at  the  point 
of  union,  and  become  broader  by  degrees  towards 
the  other  end,  where,  when  closed,  they  form  a  kind 
of  arch.  It  should  be  noticed  that  it  is  furnished  with 
a  movable  ring,  exactly  like  the  tenaculum  forceps 
employed  at  the  present  day.    No.  13  was  used  for 


1.  (Opusc.  Academ.  Med.  et  Philolol.,  Lips..  H27,  1828,  8r<* 
vol.  ii.,  p.  309.)— 2.  (De  Med.,  vii.,  26,  U,  P-  429.) 

243 


CHIUM  MARMOR. 


CHLAMYS. 


pulling  out  hairs  by  the  roots  (rptxola6ii).  No.  14 
is  six  inches  long,  and  is  bent  in  the  middle.  It 
was  probably  used  for  extracting  foreign  bodies  that 
had  stuck  in  the  oesophagus  (or  gullet),  or  in  the 
bottom  of  a  wound.  15.  A  male  catheter  (cenea 
§stula),  nine  inches  in  length.  The  shape  is  re- 
markable, from  its  having  the  double  curve  like  the 
letter  S,  which  is  the  form  that  was  reinvented  in 
the  last  century  by  the  celebrated  French  surgeon, 
J.  L.  Petit.  16.  Probably  a  female  catheter,  four 
inches  in  length.  Celsus  thus  describes  both  male 
and  female  catheters  :l  "  The  surgeon  should  have 
three  male  catheters  (ceneas  fistulas),  of  which  the 
longest  should  be  fifteen,  the  next  twelve,  and  the 
shortest  nine  inches  in  length ;  and  he  should  have 
two  female  catheters,  the  one  nine  inches  long,  the 
other  six.  Both  sorts  should  be  a  little  curved, 
but  especially  the  male  ;  they  should  be  perfectly 
smooth,  and  neither  too  thick  nor  too  thin."  17. 
Supposed  by  Froriep  to  be  an  instrument  for  ex- 
tracting teeth  (bdovrdypa2) ;  but  Kiihn,  with  much 
more  probability,  conjectures  it  to  be  an  instrument 
used  in  amputating  part  of  an  enlarged  uvula,  and 
quotes  Celsus,3  who  says  that  "  no  method  of  op- 
erating is  more  convenient  than  to  take  hold  of  the 
uvula  with  the  forceps,  and  then  to  cut  off  below  it 
as  much  as  is  necessary."  18,  19.  Probably  two 
spatulae. 

CHITON  ixiruv).     (Vid.  Tunica.) 

CHITON'IA  Chroma),  a  festival  celebrated  in 
the  Attic  town  of  Chitone  in  honour  of  Artemis, 
surnamed  Chitona  or  Chitonia.*  The  Syracusans 
also  celebrated  a  festival  of  the  same  name,  and  in 
honour  of  the  same  deity,  which  was  distinguished 
by  a  peculiar  kind  of  dance,  and  a  playing  on  the 
flute.6 

♦CHIUM  MARMOR  (Xiog  Wog),  a  species  of 
Marble  obtained  from  the  island  of  Chios.  Hill  de- 
scribes it  as  "  a  very  fine  and  elegantly-smooth 
stone,  of  a  close,  compact  texture,  very  heavy,  and 
of  a  fine  glossy  black,  perfectly  smooth  where  bro- 
ken, but  dull  and  absolutely  destitute  of  splendour." 
It  is  capable,  according  to  the  same  authority,  of 
receiving  the  highest  polish  of  perhaps  any  of  the 
marbles.  It  was  famous  among  the  ancients  for 
making  reflecting  mirrors,  for  which  the  high  polish 

1.  (De  Med.,  vii.,  26,  $  1,  p.  429.)  — 2.  (Pollux,  Onom.,  iv.,  $ 
181.)— 3.  (De  Med.,  vii.,  12,  t>  3,  p.  404.)— 4.  (Schol.ad  Callim., 
Hymn,  m  Artem.,  78.)  —  5    (Athenseus,  xiv.,  p.  629.  —  Steph. 

EVZ.,  S.  V.  XlTlOVT].) 

244 


of  which  it  is  susceptible  rendered  it  peculiar^ 
proper.  The  Chian  marble  would  appear  to  have 
been  of  the  Obsidian  kind,  and  it  is,  in  fact,  some- 
times called  "  Lapis  Obsidianus  Antiquorum."1  The 
name  Obsidianus  would  seem  to  have  been  a  corrup- 
tion from  Opsianus  (otyiavbt;,  arrb  Tfjg  oipeog).* 

*  CHIUM  VINUM  (Xiog  olvog),  Chian  Wine,  a 
Greek  wine  made  in  the  island  of  Chios  (the  modern 
Scio).  It  is  described  by  some  writers  as  a  thick, 
luscious  wine  ;  and  that  which  grew  on  the  craggy 
heights  of  Ariusium,  extending  three  hundred  stadia 
along  the  coast,  is  extolled  by  Strabo  as  the  best 
of  all  Greek  wines.  From  Athenaeus  we  learn  that 
the  produce  of  the  Ariusian  vineyards  was  usually 
divided  into  three  distinct  species  :  a  dry  wine,  a 
sweetish  wine,  and  a  third  sort  of  a  peculiar  quali- 
ty, thence  termed  avroKparov.  All  of  them  seem  to 
have  been  excellent  of  their  kind,  and  they  are  fre- 
quently alluded  to  in  terms  of  the  highest  commend- 
ation. The  Phanean,  which  is  extolled  by  Virgil  as 
the  king  of  wines,  was  also  the  product  of  the  same 
island.  The  Saprian  wine,  so  remarkable  for  its 
exquisite  aroma,  was  probably  Chian  matured  by 
great  age.3 

CHLAINA  {x^alva).  {Vid.  L^ena.) 
CHLAMYS  (x^afivc  dim.  xlafxvdiov),  a  scarf. 
This  term,  being  Greek,  denoted  an  article  of  thb 
amictus,  or  outer  raiment,  which  was,  in  general, 
characteristic  of  the  Greeks,  and  of  the  Oriental 
races  with  which  they  were  connected,  although 
both  in  its  form  and  in  its  application  it  approached 
very  much  to  the  lacerna  and  paludamentum  of  the 
Romans,  and  was  itself,  to  some  extent,  adopted  by 
the  Romans  under  the  emperors.  It  was  for  the 
most  part  woollen ;  and  it  differed  from  the  blanket 
(ifiariov),  the  usual  amictus  of  the  male  sex,  in 
these  respects,  that  it  was  much  smaller ;  also  finer, 
thinner,  more  variegated  in  colour,  and  more  sus- 
ceptible of  ornament.  It  moreover  differed  in  being 
oblong  instead  of  square,  its  length  being  generally 
about  twice  its  breadth.  To  the  regular  oblong,  a, 
b,  c,  d  (see  woodcut),  gores  were  added,  either  in 
the  form  of  a  right-angled  triangle,  a,  e,  f,  producing 
the  modification  a,  e,g,  d,  which  is  exemplified  in  the 
annexed  figure  of  Mercury,  or  of  an  obtuse- angled 


triangle,  a,  e,  b,  producing  the  modification  a,  e,  b,i, 
g,  d,  which  is  exemplified  in  the  figure  of  a  youth 
from  the  Panathenaic  frieze  in  the  British  Museum 
These  gores  were  called  irrepvyeg,  wings,  and  the 
scarf  with  these  additions  was  distinguished  by  the 
epithet  of  Thessalian  or  Macedonian.*  Hence  the 
ancient  geographers  compared  the  form  of  the  in- 
habited earth  (57  oiKovfiivrj)  to  that  of  a  chlamys.5 

The  scarf  does  not  appear  to  have  been  much 
worn  by  children,  although  one  was  given,  with  its 
brooch,  to  Tiberius  Caesar  in  his  infancy.6  It  was 
generally  assumed  on  reaching  adolescence,  and 
was  worn  by  the  ephebi  from  about  seventeen  tc 


1.  (History  of  Fossils,  &c,  p.  466.)— 2.  (Id.  ib  ) — 3.  (Hendor- 
son's  History  ofWines,  p.  77.) — 4.  (Etym.  Mag.— Lucian,  Diar 
Mort.) — 5.  (Strabo,  ii.,  5. — Macrobius,  De  Somn.  Scip.,  it.) — fi 


(Suet.,  Tib.,  6  i 


CHLAMYS. 


CHLOREUS. 


twenty  years  of  age.1  It  was  also  worn  by  the  mil- 
itary, especially  of  high  rank,  over  their  body- armour 
(woodcut,  p.  1332),  and  by  hunters  and  travellers, 
more  particularly  on  horseback.3 

The  scarfs  worn  by  youths,  by  soldiers,  and  by 
hunters  differed  in  colour  and  fineness,  according 
to  theii  destination,  and  the  age  and  rank  of  the 
wearer.  The  xtopvc  tyrjCiK?} was  probably  yellow  or 
saffron  -coloured,  and  the  #Aa//i)f  arpanuTiK^,  scarlet. 
On  the  other  hand,  the  hunter  commonly  went  out 
in  a  scarf  of  a  dull,  unconspicuous  colour,  as  best 
adapted  to  escape  the  notice  of  wild  animals.*  The 
more  ornamental  scarfs,  being  designed  for  females, 
were  tastefully  decorated  with  a  border  (limbus* 
nusander6)  ;  and  those  worn  by  Phoenicians,  Tro- 
jans, Phrygians,  and  other  Asiatics  were  also  em- 
broidered, or  interwoven  with  gold.7  Actors  had 
their  chlamys  ornamented  with  gold.8  Demetrius, 
the  son  of  Antigen  us,  imitating  the  utmost  splen- 
dour of  the  Asiatics,  wore  a  scarf  in  which  were 
represented  in  gold  thread  the  stars  and  the  twelve 
signs  of  the  zodiac.9 

The  usual  mode  of  wearing  the  scarf  was  to  pass 
one  of  its  shorter  sides  (a,  d)  round  the  neck,  and 
to  fasten  it  by  means  of  a  brooch  (fibula),  either 
over  the  breast  (woodcuts,  p. '47  186),  in  which 
case  it  hun§  down  the  back,  reaching  to  the  calves 
of  the  legs,  as  in  the  preceding  figure  of  the  young 
Athenian,  or  even  to  the  heels  ;xo  or  over  the  right 
shoulder,  so  as  to  cover  the  left  arm,  as  is  seen  in 
the  preceding  figure  of  Mercury,  in  the  woodcut  to 
Caust.i,  and  in  the  well-known  example  of  the  Bel- 
videre  Apollo.  In  other  instances  $  was  made  to 
depend  gracefully  from  the  left  shoulder,  of  which 
the  bronze  Apollo  in  the  British  Museum  (see  the 
annexed  woodcut)  presents  an  example  (puernudus, 
nisi  quod  ephebica  chlamydc  sinistrum  tegebat  hume- 
*■«/«-  , ;  or  it  was  thrown  lightly  behind  the  back, 


and  passed  over  either  one  arm  or  shoulder,  or  over 
both  (see  the  second  figure  in  the  last  woodcut,  ta- 
ken from  Hamilton's  Vases,  i .,  2) ;  or,  lastly,  it  was 
laid  upon  the  throat,  carried  behind  the  neck,  and 
crossed  so  as  to  hang  down  the  back,  as  in  the  fig- 
ure of  Achilles  (p.  133),  and  sometimes  its  extrem- 
ities were  again  brought  forward  over  the  arms  or 
shoulders.  In  short,  the  remains  of  ancient  art  of 
every  description  show  in  how  high  a  degree  the 
scarf  contributed,  by  its  endless  diversity  of  arrange- 
ment, to  the  display  of  the  human  form  in  its  great- 
est beauty  ;  and  Ovid  has  told  us  how  sensible  the 
ephebi  were  of  its  advantages  in  the  following  ac- 
count of  the  care  bestowed  upon  this  part  of  his  at- 
tire by  Mercury : 

1.  'Philemon,  p  367,  ed.  Meineke.  — "  Ephebica  chlaiiiyde  :" 
Apulems,  Met,  x— Heliod.,  JEth.,  i  —  Plutarch,  De  Mul.  Virt. 
—Pollux,  Onom.,  i.,  164.)— 2.  (^Elian,  V.  H.,  xiv.,  10.— The- 
c.'n.,  Orat.,  x.— Plaut.,  Pseud.,  II.,  iv.,  45.— Epid.,  III.,iii.,  55.) 
—3.  (Plaut.,  Poen.,  III.,  iii.,  6,  31.)— 1.  (Pollux,  Onom.,  v.,  18.) 
—5.  (Virg.,  JEn.,  iv.,  137.)— 6.  (Virg.,  JEn.,  v.,  251.)— 7.  (Virg., 
II.  cc. ;  iii.,  483, 484  ,  xi.,  775.— Ovid,  Met.,v.,  51.— Val.  Flacc, 
vi.,  228.)—8.  (Pollux,  Onom,iv.,  116.)— 9.  (Athemeus,  xii,,  p. 
535  F. ;  536,  A.)— 10   (Apuleius,  Met.,  xi.)— 11.  (Apulems,  x.) 


"  Chlamydemque,  ut  pendeat  apte, 
Collocat :  ut  limbus,  totumque  appareat  aurum.1 

The  aptitude  of  the  scarf  to  be  turned  in  every 
possible  form  round  the  body,  made  it  useful  even 
for  defence.  The  hunter  used  to  wrap  his  chlamys 
about  his  left  arm  when  pursuing  wild  animals,  and 
preparing  to  fight  with  them  a  Alcibiades  died  fight- 
ing with  his  scarf  rolled  round  his  left  hand  instead 
of  a  shield.3    The  annexed  woodcut  exhibits  a  fij* 


7= 


ure  of  Neptune  armed  with  the  trident  in  his  right 
hand,  and  having  a  chlamys  to  protect  the  left.  It 
is  taken  from  a  medal  which  was  struck  in  com- 
memoration of  a  naval  victory  obtained  by  Demetri- 
us Poliorcetes,  and  was  evidently  designed  to  ex- 
press his  sense  of  Neptune's  succour  in  the  conflict. 
When  Diana  goes  to  the  chase,  as  she  does  not  re- 
quire her  scarf  for  purposes  of  defence,  she  draws 
it  from  behind  over  her  shoulders,  and  twists  it 
round  her  waist,  so  that  the  belt  of  her  quiver  pass- 
es across  it,  as  shown  in  the  statues  of  the  goddess 
in  the  Vatican  (see  woodcut),  and  described  by  Ne- 
mesianus.     (Vid.  Balteus.) 

It  appears  from  the  bas-reliefs  on  marble  vases 
that  dancers  took  hold  of  one  another  by  the  chla- 
mys, as  the  modern  Greeks  still  do  by  their  scarfs 
or  handkerchiefs,  instead  of  taking  one  another's 
hands.  In  like  manner,  Mercury,  when  he  is  con- 
ducting Plutus  in  the  dark,  bids  him  to  take  hold  of 
his  chlamys  in  order  to  follow  his  steps.*  The  scarf 
admitted  also  of  being  used  to  recline  upon.  Thus 
Endymion  is  represented,  both  in  ancient  paintings 
and  sculptures,  and  in  the  description  of  Lucian,5 
sleeping  on  his  chlamys,  which  is  spread  upon  a 
rock.     (Vid.  Pileus.) 

Among  the  Romans,  the  scarf  came  more  into  use 
under  the  emperors.  Caligula  wore  one  enriched 
with  gold.6  Alexander  Severus,  when  he  was  in 
the  country  or  on  an  expedition,  wrore  a  scarf  dyed 
with  the  coccus  (chlamyde  coccinca1). 

CHLOEIA  or  CHLOIA  (XMeta  or  XAow),  a  fes 
tival  celebrated  at  Athens  in  honour  of  Demeter 
Chloe',  or  simply  Chloe,  whose  temple  stood  near 
the  Acropolis.8  It  was  solemnized  in  spring,  on  the 
sixth  of  Thargelion,  when  the  blossoms  began  to  ap- 
pear (hence  the  names  x^V  and  x^oeia),  with  the 
sacrifice  of  a  ram,  and  much  mirth  and  rejoicing.9 

*  CHLOREUS  or  CHLOR'ION  (x^P^C,  x*u(>- 
lov),  two  names  belonging,  probably,  to  one  and  the 
same  bird,  the  Golden  Oriole,  or  Oriolus  galbula,  L. 
^Elian  errs  when  he  calls  the  female  x~Aupk  and 
the  male  ^Awpujv,  and  his  error  is  supposed  to  have 
arisen  from  his  copying  Aristotle  carelessly.10 

1.  (Met.,  ii.,  735.) — 2.  (Pollux,  Onom.,  v.,  18. — ncpte^ilavTa 
8  a^7T£%£rat  irepi  r/)v  %ttpa :  Xen.,  Cyneg.,  vi.,  17.) — 3.  (Plut., 
Alcib.)— 4.  (Lucian,  Timon,  30.)— 5.  (Dial.,  vol.  i.,  p.  232,  ed. 
Hemsterh.)— 6.  (Suet.,  Calig.,  19.)— 7.  (Lamprid.,  Al.  Sev.,40. 
— Compare  Matt.,  xxvii,  28,  31.)— 8.  (Hesych.,  8.  v.  XXotd.— 
Athen.,  xiv.,  p.  618.— Sophocl.,  CEd.  Col.,  1600,  with  the  scho- 
liast.—Paus.,i.,  22,  $  3.)— 9.  (Eupolis,  ap.  Schol.  ad  Soph.,  (Ed 
Col.,  1.  c.)— 10.  (Aristot.,  H.  A.,  ix.,  2— ^lian,  N  A.,  iv  ,  47 
— Adams,  Append,  s.  v.) 

245 


CHORAGUS. 


CHORUS. 


♦CHLORIS  (x^upk)  the  name  of  a  Bird  descri- 
bed by  Aristotle.  Gesner,  upon  the  authority  of 
Turner,  holds  it  to  be  the  Greenfinch,  or  Fringilla 
chloris,  Temminck.1 

CHOES  (Xoee).     (Vid.  Dionysia.) 

CHOENIX  {x°~LVl%\  a  Greek  measure  of  capaci- 
ty, the  size  of  which  is  differently  given ;  it  was 
probably  of  different  sizes  in  the  several  states. 
Pollux,8  Suidas,  Cleopatra,  and  the  fragments  of 
Galen,3  make  it  equal  to  three  cotylae  (=1-4866  pints 
English) ;  another  fragment  of  Galen*  and  other  au- 
thorities5 make  it  equal  to  four  cotylae  (=19821 
pints  English) ;  Rhemnius  Fannius6  and  another 
fragment  of  Galen7  make  it  eight  cotylae  (=39641 
pints  English).8 

*XOIP02  IIOTAM'IOS  (xoipoc  ttotuuloc),  a  spe- 
cies of  Fish,  probably  the  Ruffe,  or  Pcrca  cernua,  L. 
It  is  a  small  fish,  of  good  flavour  ;  rather  olive,  and 
spotted  with  brown.9 

CHORA'GUS,  a  person  who  had  to  bear  the  ex- 
penses of  the  choragia,  one  of  the  regularly-recur- 
ring state  burdens  (kyuvKliot  "kurovpyiaC)  at  Athens. 
Originally  (as  is  shown  in  the  article  Chorus)  the 
chorus  consisted  of  all  the  inhabitants  in  the  state. 
With  the  improvement  of  the  arts  of  music  and 
dancing,  the  distinction  of  spectators  and  perform- 
ers arose ;  it  became  more  a  matter  of  art  to  sing 
and  dance  in  the  chorus  ;  paid  performers  were  em- 
ployed ;  and  at  last  the  duties  of  this  branch  of  wor- 
ship devolved  upon  one  person,  selected  by  the  state 
to  be  their  representative,  who  defrayed  all  the  ex- 
penses which  were  incurred  on  the  different  occa- 
sions. This  person  was  the  choragus.  It  was  the 
duty  of  the  managers  of  a  tribe  (eiuuelrjTal  <j)v?.jjc) 
to  which  a  choragy  had  come  round,  to  provide  a 
person  to  perform  the  duties  of  it ;  and  the  person 
appointed  by  them  had  to  meet  the  expenses  of  the 
chorus  in  all  plays,  tragic  or  comic  (rpayudole,  ku- 
audoLc),  and  satirical ;  and  of  the  lyric  choruses  of 
men  and  boys,  the  pyrrhichistae,  cyclian  dancers, 
and  flute-players  (xoprjyelv  dvdpdai,  or  avSpinoZc  %o- 
jolg,  naidiKOic  x°P°^ct  "xvppixiGTaZr,  kvkT^'hj  %op&,  a^" 
XriraZe  avdp&Giv),  &c.  He  had  first  to  collect  his 
chorus,  and  then  to  procure  a  teacher  (xopodLddana- 
2,oc),  whom  he  paid  for  instructing  the  choreutae. 
The  choragi  drew  lots  for  the  first  choice  of  teach- 
ers ;  for  as  their  credit  depended  upon  the  success 
of  their  chorus  in  the  dramatic  or  lyric  contests,  it 
was  of  great  importance  to  them  whose  assistance 
they  secured.10  When  the  chorus  was  composed  of 
boys,  the  choragus  was  occasionally  allowed  to 
press  children  for  it,  in  case  their  parents  were  re- 
fractory.11 The  chorus  were  generally  maintained, 
during  the  period  of  their  instruction,  at  the  expense 
of  the  choragus,  and  he  had  also  to  provide  such 
meat  and  drink  as  would  contribute  to  strengthen 
the  voice  of  the  singers  (01  de  xopvyoi  roZc  x°Pev- 
raZc  iyxekia  nal  dpidaKta  nal  oK£?i\i6ac  nal  uveT^bv 
TrapaTidivTEC,  evuxovv  E7«  tzo?\,vv  xP®v0Vi  fyuvaoKov- 
fievovc  nal  Tpvfyuvrac12).  The  expenses  of  the  differ- 
ent choruses  are  given  by  Lysias13  as  follow  :  Cho- 
rus of  men,  20  minae ;  with  the  tripod,  50  minae ; 
pyrrhic  chorus,  8  minae  ;  pyrrhic  chorus  of  boys,  7 
minae ;  tragic  chorus,  30  minae ;  comic,  16  minae ; 
cyclian  chorus,  300  minae.  According  to  Demos- 
thenes,1* the  chorus  of  flute-players  cost  a  great  deal 
more  than  the  tragic  chorus.  The  choragus  who 
exhibited  the  best  musical  or  theatrical  entertain- 
ment, received  as  a  prize  a  tripod,  which  he  had 

1.  (A.nstot.,  H.  A.,  viii.,  5.— Adams,  Append.,  s.  v.) — 2.  (iv., 
23  )—3  (c.  7  and  9.) — 4.  (c.  5.)— 5.  (Paucton,  Metrolog.,  p. 
233.)— 6-  (v.,  69.)— 7.  (c.  8.)— 8.  (Wurm,  De  Pond,  et  Mens., 
&c,  p.  132,  142,  199. — Ikissey  on  Anc.  Money  and  Measures, 
p.  209  and  214.)— 9.  (JEliau,  N.  A.,  xiw,  23.)— 10.  (Demosth.,  c. 
Mid.,  p.  519.)— 11.  (Antiphon..  De  Choreuta,  p.  767,  768.)— 12. 
(Plutarch,  De  Glor.  Ath.,  p.  349,  A.)— 13.  ('AttoA.  Supo6.,  p. 
69S  )— 1 1  (Mid.,  p.  565.) 
246 


the  expense  of  consecrating,  and  sometimes  he  had 
also  to  build  the  monument  on  which  it  v*  as  placed. 
There  was  a  whole  street  at  Athens  formed  by  the 
line  of  these  tripod-temples,  and  called  "  The  Street 
of  the  Tripods."  The  laws  of  Solon  prescribed  40 
as  the  proper  age  for  the  choragus,  but  this  law  was 
not  long  in  force. 

On  the  subject  of  the  choragia,  see  Bockh's  Vubl. 
Econ.  of  Athens,  ii.,  p.  207,  &c. 

CHORE'GIA  (xopvyia).     (Vid.  Choragus.) 

XO'PIOT  AIKH  (xuPL0V  Mm?),  a  suit  to  recover 
land,  was  a  diadicasia  within  the  jurisdiction  of  the 
thesmothetae.  The  parties  to  a  suit  of  this  kind 
were  necessarily  either  Athenian  citizens,  or  such 
favoured  aliens  as  had  had  the  power  of  acquiring 
real  property  in  Attica  (yrjc  kcu  oiniac  eynrrjcie)  be- 
stowed upon  them  by  special  grant  of  the  people. 
Of  the  speeches  of  Isaeus  and  Lysias  in  causes  of 
this  kind,  the  names  are  all  that  survive. 

CHORUS  (x°P°c)>  a  band  of  singers  and  dancers, 
engaged  in  the  public  worship  of  some  divinity. 
This  is,  however,  only  the  secondary  meaning  of 
the  Greek  word.  The  word  xoP°Ci  which  is  con- 
nected with  x&P0C>  X&pa-,x  properly  denoted  the 
market-place,  where  the  chorus  met.  Thus  Homer 
calls  the  dancing-place  the  x°P°C ;  1eif)vav  61  x°pov  :* 
TrenAnyov  de  x°P°v  &£lov  ttogiv  :3  66i  t'  'Ho£f  rjpiyevd' 
itjc  olnia  nal  x°P0i  Elcn  :*  evda  6'  eaav  NvfiQeuv  kclXol 
xopol  t]8e  dooKoi.s  Now  the  dancing-place  for  the 
public  chorus  in  a  Greek  town  would  naturally  be 
the  largest  space  which  they  had,  i.  e.,  the  market- 
place, which  was  called  by  the  more  general  name 
of  "  the  place"  or  "  the  space"  (xopdc).  Thus  the 
dyopd  at  Sparta  was  called  the  x°P°C-6  -^-nQ  evpv- 
xopoc  is  a  common  epithet  of  a  large  city  :  thus 
Sparta7  and  Athens9  are  both  called  evpvxopog, 
which  either  meant  "  having  a  wide  chorus  or  mar- 
ket," or,  generally,  "extensive"  (evpvxupoc),  as 
when  it  is  applied  as  an  epithet  to  'Acta  in  Pindar.' 
Thus,  also,  the  king  says  to  the  chorus,  in  the  Sup- 
plies of  ^Eschylus,19  Aawv  kv  ^wpcj  tuogzoQz. 

This  explanation  of  the  word  x°poc  is  impoitant, 
from  its  connexion  with  the  idea  of  a  primitive  cho- 
rus. In  the  oldest  times  the  chorus  consisted  of 
the  whole  population  of  the  city,  who  met  in  the 
public  place  to  offer  up  thanksgivings  to  their  coun- 
try's god,  by  singing  hymns  and  performing  corre- 
sponding dances.  The  hymn,  however,  was  not 
sung  by  the  chorus,  but  some  poet  or  musician  sang 
or  played  the  hymn,  and  the  dancers,  who*  formed 
the  chorus,  only  allowed  their  movements  to  be 
guided  by  the  poem  or  the  tune.  The  poet,  there- 
fore, was  said  to  "  lead  off  the  dance"  (k^apxecv 
/2o2.7V7jc),  and  this  was  said  not  merely  of  the  poet,11 
but  also  of  the  principal  dancers;13  and  even  the 
leader  of  a  game  at  ball  is  said  upxeaOcu  fj.olTT7Jc. 
From  this  it  will  be  seen  that  the  words  iie?nrecdat 
and  fio7,nT],  when  used  in  speaking  of  the  old  chorus, 
imply  the  regular,  graceful  movements  of  the  dan- 
cers ;13  and  the  cumolpids  were  not  singers  of  hymns, 
but  dancers  in  the  chorus  of  Demeter  and  Dionysus. 
This  old  chorus,  or  the  chorus  proper,  was  always 
accompanied  by  the  cithara,  the  lyre,  or  the  phor- 
minx,  which  were  different  kinds  of  stringed  instru- 
ments ;  when  the  accompaniment  was  the  flute,  it 
was  not  a  chorus,  but  an  dylata  or  a  KUfioc,  a  much 
more  riotous  affair,  which  was  always  rather  of  the 
nature  of  a  procession  than  of  a  dance,  and  in  which 
there  was  often  no  exarchus,  but  every  one  joined 
into  the  song  or  cry  of  joy  at  his  pleasure.    Such  a 


1.  (New  Cratylus,  p.  361.)— 2.  (Od.,  viii.,  260.)— 3.  (1.,  264.) 
(xii.,  4.)— 5.  (1.,  318.)— 6.  (Pausan.,  iii.,  11,  0  9.)— 7.  (An- 
axandrides,  ap.  Athen.,  p.  131,  C.) — 8.  (Oracul.  ap.  Demoslh.. 
Mid.,  p.  531.)— 9.  (01.,  vii.,  18.)— 10.  (v.,  976)1-11  (Soe  the 
passages  quoted  in  the  Theatre  of  the  Greeks,  4tn  edition,  p 
21.)— 12.  (II.,  xviii.,  604.)— 13.  (II.,  xvi.,  162.— Hymn.  Pylh. 
Apoll.,  19.) 


CHORUS.    - 


CHORUS 


omus  was  the  hymenaeal  or  bridal  procession, 
though  this  seems  to  have  been  a  mixture  of  the 
chorus  and  the  comas,  for  the  harp  and  a  chorus  of 
damsels  are  mentioned  in  the  descriptions  of  it  by 
Homer  and  I1«shh1.  The  former  merely  says,1  "A 
loud  hjmei.d-.na  a'ose;  young  men  skilled  in  the 
dance  moved  Hionud  ;.and  among  them  flutes  and 
harps  resounded"  (avXol,  (poputyyec  re).  Hesiod's 
description  is  murh  more  elaborate  :3  "  The  inhab- 
itants (of  the  fortified  city  which  he  is  describing) 
were  enjoying  themselves  with  festivities  and  dan- 
ces {uyTialaic  re  x°P°^C  r^)  '•  the  men,  (i.  e.,  the  Kcifiog) 
were  conducting  the  bride  to  her  husband  on  the 
well-wheeled  mule-car ;  and  a  loud  hymcnizus  arose ; 
from  afar  was  seen  the  gleam  of  burning  torches 
carried  in  the  hand  of  slaves  ;  the  damsels  (t.  c,  the 
X»poc)  were  moving  forward  in  all  joy  and  festivity 
\<j.y\ain  redalviai) ;  and  they  were  both  attended  by 
sportive  choruses.  The  one  chorus,  consisting  of 
men  (the  kcj/zoc),  were  singing  with  youthful  voices 
to  the  shrill  sound  of  the  pipe  (t.  e.,  ovptyt;) ;  -the 
other,  consisting  of  the  damsels  (the  x°P°s)>  were 
leading  up  the  cheerful  chorus  (a.  e.,  were  dancing) 
to  the  notes  of  the  harp  (<pop[uytj)."  This  account 
of  the  hymenals  is  immediately  followed  by  a  de- 
scription of  the  comus  proper,  i.  e.,  a  riotous  pro- 
;esssion  after  a  banquet.  "  On  another  side,  some 
young  men  were  moving  on  in  the  comus  (e/ccj//a£bv) 
iO  the  sound  of  the  flute ;  some  were  amusing  them- 
selves with  singing  and  dancing  ;  others  moved  on 
aughing,  each  of  them  accompanied  by  a  flute-player 
{i)T?  avlrjTripi  eKaaroc).  The  whole  city  was  filled 
with  joy,  and  choruses,  and  festivity"  {dakiai  re 
■{ppoi  te  dyXatai  re). 

The  chorus  received  its  first  full  development  in 
the  Doric  states,  and  in  them  it  was  particularly 
connected  with  their  military  organization.  The 
Dorian  chorus  was  composed  of  the  same  persons 
who  formed  their  battle-array :  the  best  dancers 
and  the  best  fighters  were  called  by  the  same  name 
(7rpv\eec.) ;  the  back  rows  in  each  were  called  "  un- 
equipped" (ipt?Leir),  and  the  figures  of  the  dance 
were  called  by  the  same  name  as  the  evolutions  of 
the  army.3  The  Doric  deity  was  Apollo ;  conse- 
quently, we  find  the  Doric  chorus,  which  was  prop- 
erly accompanied  by  the  lyre,  and  of  which  the  lyric 
poetry  of  the  Greeks  was  the  legitimate  offspring, 
immediately  connected  with  the  worship  of  Apollo, 
the  inventor  of  the  lyre.  The  three  principal  Doric 
choruses  were  the  pyrrhic,  the  gymnopcedic,  and  the 
hyporchematic.  These  were  afterward  transferred 
to  the  worship  of  Bacchus,  and  appear  as  the  three 
varieties  of  the  dramatic  chorus,  which  celebrated 
the  worship  of  that  divinity  :  the  emmeleia,  or  tragic 
dance,  corresponded  to  the  gymnopadic,  the  comic 
dance  to  the  hyporcheme,  and  the  satyric  to  the 
pyrrhic.  All  these  dances  were  much  cultivated 
and  improved  by  Thaletas,  who  introduced  a  com- 
bination of  the  song  and  dance  for  the  whole  chorus, 
of  which  Lucian  speaks  when  he  says,  bv  way  of 
contrast  to  the  pantomimic  dancers  of  more  modern 
times  :*  fluAai  fxev  yap  ol  avrol  nal  ydov  icai  upxovv- 
rc,  "  in  older  times  the  same  performers  both 
Bang  and  danced."  This  extension  of  the  song  of 
the  exarchus  to  the  whole  chorus  seems  to  have 
given  rise  almost  naturally  to  the  division  of  the 
chorus  into  strophes  and  antistrophes,  which  Ste- 
sichorus  farther  improved  by  the  addition  of  an  epode, 
thus  breaking  through  the  monotonous  alternation 
of  strophe  and  antistrophe  by  the  insertion  of  a 
stanza  of  a  different  measure.  This  improvement 
is  referred  to  in  the  proverb,  Ovde  ru.  rpia  ZTncn- 
%opov  yiyvuoKtic.      The  choruses   of  Stesichorus 


(I1  .  xviii..  492.)— 2.  (Scut, 
i  iii.,  12,  ^  10;  iv    «.  t>i.)- 


Herc,  270.)— 3.  (Mfiller's  Do- 
-4.  (De  Saltat.,  c.  30.) 


consisted  of  combinations  of  rows  of  eight  danceia; 
and,  from  his  partiality  to  the  number  8,  we  have 
another  proverb,  the  irdv-a  oktu  of  the  gramma 
rians. 

The  most  important  event  in  the  history  of  Greek 
choral  poetry  was  the  adaptation  of  the  dithyramb, 
or  old  Bacchic  song,  to  the  system  of  Doric  chorus 
es  ;  for  it  was  to  this  that  we  owe  the  Attic  drama. 
The  dithyramb  was  originally  of  the  nature  of  a 
Ktjfioc  :  it  was  sung  by  a  band  of  revellers  to  a  flute 
accompaniment ;  and  in  the  time  of  Archilochus 
had  its  leader,  for  that  poet  says  that  "  he  knows 
how  to  lead  off  the  dithyramb,  the  beautiful  song  of 
Dionysus,  when  his  mind  is  inflamed  with  wine  :"1 

n£2f  AtuvvaoV  uvciktoc  naXbv  s^dp^at  jiDiOc 
olda  6i6vpa/x6ov  olvo)  cvyKspavvudeie  Qpsvac. 

Arion,  the  celebrated  player  on  the  cithara.  was  tr  o 
first  to  practise  a  regular  chorus  in  the  dithyramb, 
and  to  adapt  it  to  the  cithara.  This  he  did  at  Cui 
inth,  a  Doric  city  ;  and  therefore  we  may  suppose 
that  he  subjected  his  dithyramb  to  all  the  conditions 
of  Doric  choral  poetry.  The  dithyramb  was  danced 
round  a  blazing  altar  by  a  chorus  of  50  men  01 
boys  ;  hence  it  was  called  a  circular  chorus  (kvk?uo$ 
xopoc) ;  the  dithyramb ic  poet  was  called  kvk?uo6l- 
daonaTiOc,  and  Arion  is  said  to  have  been  the  son  of 
Cycleus. 

Aristotle  tells  us  that  tragedy  arose  from  the  re- 
citations of  the  leaders  of  the  dithyramb  (uko  tuv 
k^apxovTdv  tuv  dtdvpanluv*) ;  and  we  know  from 
Suidas  that  Arion  was  the  inventor  of  the  tragic  style 
(rpayiKov  rpoirov  evpev?]c3).  This  latter  statement 
seems  to  refer  to  the  fact  that  Arion  introduced 
satyrs  into  the  dithyramb  ;  for  the  satyrs  were  also 
called  rpdyot,4  so  that  Tpay^did,  "  the  song  of  the 
satyrs,"  is  the  same  as  "  the  satyric  drama."  This 
tragic  or  satyric  drama  arose  from  the  leaders  of 
the  dithyrambic  chorus,  as  arranged  by  Aiion.  If 
we  examine  the  use  made  of  this  dithyrambic  cho- 
rus by  yEschylus,  we  shall  easily  see  what  is  the 
meaning  of  Aristotle's  statement.  In  the  tragic 
trilogies  of  .^Eschylus  we  find  a  chorus  and  two 
actors.  As  tragedy  arose  from  the  leaders  of  the 
dithyramb,  the  first  beginning  would  be  when  the 
poet  Thespis,  as  leader  of  his  dithyrambic  chorus, 
either  made  long  Epic  or  narrative  speeches,  01 
conversed  with  his  chorus.  The  improvement  of 
iEschylus,  then,  was  to  introduce  a  dialogue  be- 
tween two  of  the  exarchi,  who  would  thus  become 
actors.  Consequently,  we  should  expect  that  in  the 
time  of  iEschylus  the  dithyrambic  chorus  of  50 
would  be  succeeded  by  a  tragic  chorus  of  48,  and 
two  actors.  And  this  we  find  to  be  the  case.  If 
we  examine  the  extant  trilogy — the  Orestea — we 
find  that  the  Agamemnon  has  a  chorus  of  12  old 
men  ;  the  Cho'epho*-oz,  a  chorus  of  either  12  or  15 
women  ;  and  the  Eumrnides,  a  chorus  of  15  furies  : 
this  would  leave  9  or  6  for  the  chorus  of  the  satyric 
drama  appended  to  the  trilogy,  according  as  we 
take  the  smaller  or  greater  number  for  the  chorus 
in  the  Cho'ephorce.  It  seems  more  probable  that  we 
should  take  the  larger  number ;  for  it  »s  probable 
that,  in  most  cases,  ^Eschylus  would  divide  Die 
main  chorus  of  48  into  four  subchoruses  of  12  ;  for 
24  was  the  number  of  the  comic  chorus  ,  and  as 
comedies  were  acted  in  single  plavs,  it  is  not  un- 
likely that  they  would  assign  to  a.  comic  poet  double 
the  chorus  used  by  the  tragedian  in  his  single  plays, 
or  half  his  whole  chorus.  If  so,  the  satyric  drama 
might,  as  less  important,  be  contented  with  half  the 
ordinary  tragic  chorus,  when  the  exigencies  of  the 
piece  rendered  it  desirable  to  increase  the  chorus 
from  12  to  15  in  one  or  more  of  the  individual  plays. 


1.  (Athenseus.  p.  6-28,  A.)— 2.  (Poet.,  4.) 
rod.,  i  ,  23.) — 4.  (Ile&ych.,  s  v   Tptiyouj.) 


-3    (Compare   II©- 

247 


CHKEUUS  DIKE. 


CHilYSITES. 


Besides,  if  the  chorus  of  Stesichorus,  which  was 
antistrophic,  and  therefore  quadrangular,  consisted 
of  48,  as  it  is  not  improbable,  and  this  chorus  of  48 
was  divided  into  rows  of  eight  (as  in  iruvra  oktu), 
six  would  be  an  element  of  the  regular  chorus,  and, 
therefore,  a  fit  number  to  represent  its  least  impor- 
tant par"  See  on  this  subject  Muller,1  from  whose 
view  tl  .  account  here  given  differs  in  some  par- 
ticulars 

The  tragic  chorus,  though  quadrangular,  still 
mustered  around  the  thymele,  or  altar  of  Bacchus  in 
the  theatre,  thereby  showing  some  last  traces  of  its 
dithyrambic  origin  ;  and  though  the  lyre  was  its 
general  accompaniment,  it  did  not  by  any  means 
repudiate  the  flute,  the  old  accompaniment  of  the 
dithyramb.  When  the  chorus  consisted  of  15,  it 
entered  the  orchestra  either  in  ranks  three  abreast, 
or  in  files  five  abreast ;  in  the  former  case  it  was 
said  to  be  divided  nard  Cpya,  in  the  latter  nard  aroi- 
Xovc.  No  doubt  a  similar  distinction  was  made  in 
the  case  of  the  chorus  of  12. 

The  expense  of  the  chorus,  as  it  is  stated  in  the 
article  Choragus,  was  defrayed  by  the  choragus, 
who  was  assigned  to  the  poet  by  the  archon.  In 
the  case  of  a  dramatic  chorus,  the  poet,  if  he  in- 
tended to  represent  at  the  Lenaea,  applied  to  the 
king  archon  ;  if  at  the  great  Dionysia,  to  the  chief 
archon,  who  "  gave  him  a  chorus"  if  his  play  was 
thought  to  deserve  it ;  hence  x°Pov  dt-dovai  signifies 
"  to  praise  or  approve  a  poet."3  The  successful 
poet  was  said  to  "  receive  the  chorus."3  The  comic 
dance  was  not  at  first  thought  worthy  of  a  public 
chorus,  but  the  chorus  in  that  species  of  drama  was 
at  first  performed  by  amateurs  (edeXovrai*),  as  was 
also  the  case  with  the  dithyramb  in  later  times.5 

CHOUS  or  CHOEUS  (*<%,  or  xoevc),  a  Greek 
measure  of  liquids,  which  is  stated  by  all  the  author- 
ities to  be  equal  to  the  Roman  congius,  and  to  con- 
tain six  Ziorai  or  sextarii  (—5-9471  pints  English). 
Suidas  alone  makes  a  distinction  between  the  xovg 
and  the  ^oeiV,  making  the  former  equal  to  two  sex- 
tarii, and  the  latter  equal  to  six.  Now  when  we 
remember  that  the  x°^c  was  commonly  used  as  a 
drinking  vessel  at  Athenian  entertainments  ;6  that, 
on  the  day  of  the  x°£C  (w^-  Dionysia),  a  prize  was 
given  to  the  person  who  first  drank  off  his  x°^c\ 
and  that  Milo  of  Croton  is  said  to  have  drunk  three 
Xoec  of  wine  at  a  draught,7  it  is  incredible  that,  in 
these  cases,  the  large  x°^c  mentioned  above  could 
be  meant.  It  seems,  therefore,  probable  that  there 
was  also  a  smaller  measure  of  the  same  name,  con- 
taining, as  Suidas  states,  two  sextarii,  =1-9823 
pints  English.  At  first  it  was  most  likely  the  com- 
mon name  for  a  drinking  vessel.  According  to 
Crates,8  the  x°v£  had  originally  a  similar  form  to 
the  Panathenaic  amphora?,  and  was  also  called 
ne?uK7].9 

XPEOTS  AIKH  (xptove  dinri),  a  simple  action  for 
debt,  was,  like  most  of  the  other  cases  arising  upon 
an  alleged  breach  of  contract,  referred  to  the  juris- 
diction of  the  thesmothetae  when  the  sum  in  ques- 
tion amounted  to  more  than  ten  drachmae.  If  oth- 
erwise, it  fell  under  the  cognizance  of  those  itiner- 
ant magistrates,  who  were  originally  thirty  in  num- 
ber, and  styled,  accordingly,  vl  rptdnovTa :  but  af- 
terward, in  consequence  of  the  odium  attached  to 
this  name,  which  had  also  served  to  designate  the 
oligarchic  tyrants,  received  an  accession  of  ten  col- 
leagues and  a  corresponding  change  of  title.10  If 
the  cause  could  be  classed  among  the  ep.fj.nvoi  6cKat, 

1.  (Eumeniden,  v  1,  &c.)— 2.  (Plato,  Rep.,  p.  383,  C.)— 3. 
(Aristoph.,  Ran.,  94.  —4.  (Aristot.,  Poet., 5.)— 5.  (Vid.  Aristot., 
Probl.,  xv  ,  9. — Rhet.,  iii.,  9.) — 6.  (Arstoph.,  Acham.,  v.,  1086, 
ed.  Dind.)—  7.  (Athen.,  lib.  x.)— 8.  (Athen.,  xi.,  p.  496.)— 9. 
(Pollux,  Onom.,  x.,  73.— Wurm,  De  Poud.,  &c,  p.  127,  136, 
141, 198. — Ilussey  on  Anc.  Money,  Measures,  &c,  p.  211-213.) 
—10.  (Pollux,  Onom-,  Tiii.,  100.) 
248 


as,  for  instance,  when  the  debt  arose  upon  a  mer 
cantile  transaction,  the  thesmothetae  would  still  have 
jurisdiction  in  it,  though  one  of  the  parties  to  the 
suit  were  an  alien ;  otherwise  it  seems  that  when 
such  a  person  was  the  defendant,  it  was  brought 
into  the  court  of  the  polemarch.1  If  the  cause  were 
treated  as  a  Sckt)  'EpTropucrj,  as  above  mentioned,  the 
plaintiff  would  forfeit  a  sixth  part  of  the  sum  con- 
tested upon  failing  to  obtain  one  fifth  of  the  votes 
of  the  dicasts  ;2  but  we  are  not  informed  whethe) 
this  regulation  was  applicable,  under  similar  circum- 
stances,-in  all  prosecutions  for  debt.  The  speech 
of  Demosthenes  against  Timotheus  was  made  in  d 
cause  of  this  kind. 

*CHROMIS  or  CHREMPS  {xpofjuc,  XP&m,  or 
Xpe/tip),  a  species  of  Fish,  the  same  with  the  Sjparus 
Chromis,  L.,  and  called  in  French  Matron.  Ron- 
delet  says  it  is  a  small  fish,  and  little  esteemed. 
According  to  Cuvier,  it  is  a  chestnut-brown  fish, 
taken  by  thousands  in  the  Mediterranean.  The 
fishermen  on  the  coast  of  Genoa  call  it  Castagno,  on 
account  of  its  chestnut  colour.  The  Chromis  Nilot- 
ica,  on  the  other  hand,  is  of  an  agreeable  flavour, 
and  is  considered  the  best  fish  in  the  Nile.3 

*CHRYS'ALIS  or  CHRYSALLLS,  a  name  ap- 
plied to  the  first  apparent  change  of  the  eruca,  or 
maggot,  of  any  species  of  insect.  In  a  special 
sense,  it  denotes  the  "  tomb  of  the  caterpillar  and 
the  cradle  of  the  butterfly."  The  name  has  refer- 
ence to  the  golden  colour  (xPva°Ci  "gold")  which  the 
chrysalis  generally  assumes.4 

*CHRYSANTH/EMUM  (xpvadvdepov),  the  Corn 
Marygold,  or  Chrysanthemum  coronarium.  The 
Greek  name  has  reference  to  its  golden-  hued  flow 
ers.  Another  appellation  is  (3ov([>dahpov,  though  this 
in  strictness  belongs  to  the  Ox-eyed  Daisy,  or 
Chrysanthemum  leucanthemum.  Fee  thinks  that  Vir- 
gil means  the  C.  coronarium  by  the  Chrysanthus  of 
which  he  speaks  in  the  Culex.5  The  modern  Greeks 
call  this  plant  Tfir^/ztfdAa,  and  in  the  Archipelago, 
MavTaXiva.  Sibthorp  found  it  among  the  villages, 
and  by  the  margins  of  roads.6 

♦CHRYSELECTRUM  {xpvaTjleKTpov),  a  variety 
of  Amber.  Fourcroy  calls  it  "  transparent  amber 
of  a  golden  yellow  colour."7 

*CHRYSELECTRUS  (xpvaijleKTpoc),  a  name 
applied  to  the  Indian  Chrysoliths  (Yellow  Sapphire, 
or  Oriental  Topaz),  having  a  foil  of  brass  laid  under 
them,  and  hence  approaching  in  their  colour  to 
amber,  or  electrum.8 

CHRYSE'NDETA,  costly  dishes  used  by  the 
Romans  at  their  entertainments.  They  are  men- 
tioned several  times  by  Martial,9  and,  from  the  epi- 
thet flava  which  he  applies  to  them,  as  well  as  from 
the  analogy  of  the  name,  they  appear  to  have  been 
of  silver,  with  golden  ornaments.  Cicero10  men- 
tions vessels  of  this  kind.  He  calls  their  golden 
ornaments  in  general  sigilla,  but  again  distinguish- 
es them  as  crustce  and  emblemata  ;11  the  former  were 
probably  embossed  figures  or  chasings  fixed  on  to 
the  silver,  and  the  latter  inlaid  or  wrought  into  it.12 
The  embossed  work  appears  to  be  referred  to  by 
Paullus  (cymbia  argenteis  crustis  illigata*2),  and  the 
inlaid  ornaments  by  Seneca  (argentum,  in  quod  solidi 
auri  calatura  descenderit1*). 

♦CHRYSFTES  (xpvciTvc),  another  name  for  tlie 
Basanites  lapis,  or  Touchstone,  from  its  use  in  test- 
ing gold.16 


1.  (Meier,  Att.  Proc,  55.)— 2.  (Suid.,  s.  r  'En-w^Aia  .)— 3 
(Aristot.,  II.  A.,  iv.,  8. — ^Elian,  N.  A.,  ix.,  17.— Ovid,  Hal.,  121 
— Plin.,  H.  N.,  ix.,  16. — Adams,  Append.,  s.  v.) — 4.  (Plin.,  H 
N.,  xi.,  32,  35.)— 5.  (v.,  404.)— 6.  (Billerbeck,  Flora  Classica,  p 
219.) — 7.  (Fourcroy's  Chemistry,  c.  14. — Adams,  Append.,  s.  v.) 
—8.  (Plin.,  H.  N.,  xxxvii.,  9.)— 9.  (ii.,  43,  1 1  ;  vi.,  94  ;  xiv.,  97.)— 
10.  (Verr.,  iv.,  21-23.)— 11.  (c.  23.)— 12.  (Compare  c.  24.)— Ii. 
(Dig.  34,  tit.  2,  s.  33.)— 14.  (Ep.,  v.)— 15.  (Plin.,  II.  N.,  xxx»; 
99  i 


CHRYSOPHRYS. 


CHTHONIA. 


•CHRYSPTIS  ( #/n><rmf ),  supposed  to  have  beei. 
the  yellow  oxide  of  lead,  used  as  a  pigment  by  the 
ancients,  and  forming  one  of  the  three  varieties  of 
litharge  (Xiddpyvpoc)  described  by  Dioscorides1  and 
Pliny.2  Its  name  was,  in  all  likelihood,  derived  from 
its  yellow  and  shining  colour,  resembling  that  of 
gold.3 

*CHRYSOCO'LLA  (xP^°^Ua).  "The  an- 
cients," remarks  Adams,  "  applied  this  term  to  two 
distinct  substances  :  First,  to  a  mineral  called  Chry- 
socollx  by  Aiken,  Malachite  by  Kidd,  and  Copper 
Green  by  Jameson  and  Cleaveland.  It  consists  al- 
most entirely  of  oxide  of  copper  and  silex. — Second, 
to  a  factitious  substance  prepared  from  soda  and 
copper  in  the  manner  described  by  Pliny.*  It  is 
often  confounded  with  the  Borax,  or  Soda:  Boras  of 
the  moderns,  from  its  being  used  like  Borax  in  sol- 
dering gold.  There  is  much  misapprehension  in  the 
descriptions  of  the  ancient  Chrysocolla  given  by 
Matthiolus,  Agricola,  Milligan,  and  most  of  the  mod- 
ern commentators,  which  it  is  proper  to  caution  the 
student  of  ancient  science  not  to  be  misled  by."5 

*CHRYSOC'OME  ( xpvooKo/tJi),  a  species  of 
Toadflax,  the  Linaria  Linosyris  of  Bauhin,  which  is 
the  same  with  the  Chrysocome  Linosyris,  L.  Pliny 
says  it  wants  a  proper  appellation  in  the  Latin  lan- 
guage. Anguillara  and  Matthiolus  were  unable  to 
determine  what  kind  of  plant  it  was.6 

♦CHRYSO'LITHUS  (xpvcoXcdoc),  a  Precious 
Stone,  the  same  with  the  modern  Topaz.  Its  pre- 
vailing colour  is  yellow,  whence  the  ancient  appel- 
lation. The  ijievdoxpvGoXidoc  was  stained  crystal.7 
"  The  name  Chrysolilhus,"  remarks  Dr.  Moore,  "  ap- 
pears to  have  been  applied  somewhat  loosely  by  the 
ancients,  as  the  modern  term  is,  to  a  great  variety 
of  minerals.  The  Chrysolites  obtained  from  Ethi- 
opia were  '  aureo  fulgore  transLucentes ;'  but  to  these 
were  preferred  the  Indian,  which  may  have  been 
the  yellow  sapphire,  or  Oriental  topaz.  The  best 
were  set  open.  Underneath  others  a  foil  of  brass 
was  laid.  These  were  called  chryselectri,  whose 
colour  approached  to  that  of  amber  (electrum). 
Those  of  Pontus  might  be  distinguished  by  their 
lightness.  They  were,  perhaps,  yellow  quartz,  the 
Bohemian  topaz  ;  or  yellow  fluor  spar,  the  false  to- 
paz ,  whose  specific  gravities  are  to  that  of  the  Ori- 
ental topaz  as  three  and  four  respectively  to  five. 
The  Chrysolite  obtained  in  Spain,  from  the  same 
locality  with  rock-crystal,  we  may  suppose  was  yel- 
low quartz.  Such  as  had  a  white  vein  running 
through  them,  called  hence  leucochrysi,  were  proba- 
bly agate  ;  yellow  quartz  with  a  vein  of  chalcedony ; 
and  the  capnia  we  may  translate  smoke-topaz. 
Some  resembled  glass  of  a  bright  saffron  colour  ; 
and  those  made  of  glass  could  not  be  distinguished 
by  the  sight,  but  might  be  detected  by  the  touch  (of 
the  tongue,  no  doubt),  as  being  warmer."8 

♦CHRYSOME'LUM  ( xpvo-6p:7i!ov),  according  to 
Billerbeck,  the  sweet  Orange,  and  not  a  species  of 
Quince,  as  it  is  sometimes  styled.  It  is  a  variety 
of  the  Citrus  Aurantium,  L.9 

♦CHRYSO'PIS  (xpvouiric),  a  species  of  Precious 
Stone,  having,  according  to  Pliny,  the  appearance 
of  gold.     Dalecamp  takes  it  for  Hyacinth.10 

♦CHRY'SOPHRYS  (xpvaoQpvg),  a  large  species 
of  Fish,  answering  to  the  Gilt  Head  or  Gilt  Poll,  the 
Sparus  auraU,  L.  The  Greek  name,  which  means 
4  golden  eyebrow,"  was  given  to  it  on  account  of  a 
crescent-shaped  band  of  a  golden  hue  extending 
from  one  eye  to  the  other.  Du  Hamel  says  its 
flesh  is  delicate,  but  rather  dry  ;  according  to  Xen- 
ocrates,  it  is  firm  and  nutritious.     "  With  the  ex- 


1.  (v.,  102.)— 2.  (B.  N.,  xxxiii.,  35.)— 3.  (Moore's  Anc.  Min- 
eralogy, p.  61.) — 4.  «H.  N.,  xxxiii.,  29.)— 5.  (Adams,  Append., 
*.  v.) — 6.  (Dioscor.,  •».,  55. — Adams,  Append.,  s.  v.) — 7.  (l»iod. 
Sic,  ii.,  51.)— 8.  (A-c.  Mineral.,  p.  170.)— 9.  (Billerbeck,  Flora 
Classica,  p.  132.)—'  I.  (Plin.,  II.  N.,  xx.vvii.,  10.) 

r  i 


ception  of  the  bright  band  between  the  eyes,  we  can 
find  nothing  in  the  Chrysophrys  of  the  ancients," 
observes  Griffith,  "  that  is  absolutely  characteristic 
of  the  modern  fish  of  the  same  name  ;  though,  at 
the  same  time,  we  find  nothing  which  can  give  rise 
to  exclusion.  According  to  Aristotle,  the  chryso- 
phrys has  two  pairs  of  fins  ;  its  pyloric  appendages 
are  few  in  number ;  it  remains  close  to  the  coasts, 
and  in  salt  marshes  or  pools  ;  it  spawns  in  summer, 
and  deposites  its  eggs  at  the  mouths  of  rivers  ;  the 
great  heats  oblige  it  to  conceal  itself ;  the  cold  also 
causes  it  to  suffer  ;  it  is  carnivorous,  and  the  fish- 
ermen take  it  by  striking  it  with  a  trident  while 
asleep.  JElian  tells  us  that  it  is  the  most  timid  of 
fishes :  some  branches  of  poplar,  implanted  in  the 
sand  during  a  reflux,  so  terrified  the  chrysophrys 
which  were  brought  back  by  the  flood,  that  on  the 
succeeding  reflux  thev  did  not  dare  to  move,  and 
suffered  themselves  to  be  taken  by  the  hand.  That 
the  Aurata  of  the  Latins  was  the  same  fish  as  the 
Chrysophrys  of  the  Greeks,  is  evident  from  a  pas- 
sage in  Pliny,  which  is  manifestly  taken  from  Aris- 
totle, and  where  the  first  word  is  put  as  a  transla- 
tion of  the  second.  Columella  tells  us  that  the 
Aurata  was  of  the  number  of  those  fishes  which  the 
Romans  brought  up  in  their  vivaria ;  and  even  the 
inventor  of  vivaria,  Sergius  Orata,  appears  to  have 
derived  from  this  fish  the  surname  which  he  bore, 
and  which  he  left  to  his  branch  of  the  family.  It 
was,  above  all,  the  Aurata  of  the  Lucrine  lake  that 
the  Romans  esteemed ;  and  Sergius,  who  obtained 
nearly  entire  possession  of  that  lake,  in  all  probabil- 
ity introduced  the  species  there."1 

*CHRYSOPRASTUS  LAPIS  (xp^oTtpaaog),  the 
Chrysoprase,  a  precious  stone,  resembling  in  colour 
the  juice  of  the  leek  {irpdaov),  but  with  somewhat 
of  a  golden  tinge  {xpvooe,  "  gold"),  whence  the 
name  given  it.  What  is  now  called  Chrysoprase, 
however,  by  Jameson  and  Aiken,  could  hardly,  as 
Adams  thinks,  have  been  known  to  the  ancients, 
since  it  is  iound  only  in  Lower  Silesia.  It  is  com- 
posed almost  entirely  of  silex,  with  a  small  admix 
ture  of  nickel,  to  which  it  owes  its  colour.  The 
Chrysoprase  of  the  ancients,  on  the  other  hand,  was 
most  probably  a  variety  of  the  Prasus.2 

CHTHONTA  {XOovia),  a  festival  celebrated  at 
Hermione  in  honour  of  Demeter,  surnamed  Chtho- 
nia.  The  following  is  the  description  of  it  given  by 
Pausanias  :3  "  The  inhabitants  of  Hermione  cel- 
ebrate the  Chthonia  every  year,  in  summer,  in  this 
manner :  They  form  a  procession,  headed  by  the 
priests  and  magistrates  of  the  year,  who  are  follow- 
ed by  men  and  women.  Even  for  children  it  is 
customary  to  pay  homage  to  the  goddess  by  joining 
the  procession.  They  wear  white  garments,  and  on 
their  heads  they  have  chaplets  of  flowers,  which  they 
call  KoafioadvdaTiOi,  which,  however,  from  their  size 
and  colour,  as  well  as  from  the  letters  inscribed  on 
them,  recording  the  premature  death  of  Hyacinthus, 
seem  to  me  to  be  hyacinths.  Behind  the  procession 
there  follow  persons  leading  by  strings  an  untamed 
heifer,  just  taken  from  the  herd,  and  drag  it  into  the 
temple,  where  four  old  women  perform  the  sacrifice, 
one  of  them  cutting  the  animal's  throat  with  a 
scythe.  The  doors  of  the  temple,  which  during 
this  sacrifice  had  been  shut,  are  thrown  open,  and 
persons  especially  appointed  for  the  purpose  lead 
in  a  second  heifer,  then  a  third  and  a  fourth,  all  of 
which  are  sacrificed  by  the  matrons  in  the  manner 
described.  A  curious  circumstance  in  this  solem- 
nity is,  that  all  the  heifers  must  fall  on  the  same 
side  on  which  the  first  fell."  The  splendour  and 
rich  offerings  of  this  festival  are  also  mentioned 

1.  (Aristot.,  H.  N.,  i.,  5.  —  JElian,  N.  A.,  xiii.,  28.— Cuvier, 
An.  King.,  vol  x.,  p.  163,  312,  ed.  Griffith  )  —2.  (Adaxot,  Ap- 
perul.,  s.  v.)  —  3.  (ii.,  35,  $  4.) 

249 


CICADA 


CIMEX. 


by  .'Elian,1  who,  however,  makes  no  mention  of 
the  matrons  of  whom  Pausanias  speaks,  but  says 
that  the  sacrifice  of  the  heifers  was  performed  by 
the  priestess  of  Demeter. 

The  Lacedaemonians  adopted  the  worship  of  De- 
meter  Chthonia  from  the  Hermioneans,  some  of 
wrhose  kinsmen  had  settled  in  Messenia  ;2  hence 
we  may  infer  that  they  celebrated  either  the  same 
festival  as  that  of  the  Hermioneans,  or  one  similar 
to  it. 

CHYTRA  {xvrpa),  an  earthen  vessel  for  common 
use,  especially  for  cooking.  It  was  commonly  left 
unpainted,  and  hence  all  unprofitable  labour  was  de- 
scribed by  the  proverb  x^TPav  TrottciXleiv.3 

*CICA'DA  (tettl!;),  a  species  of  Insect,  frequent- 
ly mentioned  by  the  classical  writers.  According 
to  Dodwell,*  it  is  formed  like  a  large  fly,  writh  long 
transparent  wings,  a  dark  brown  back,  and  a  yellow 
belly.  It  is  originally  a  caterpillar,  then  a  chrysa- 
lis, and  is  converted  into  a  fly  late  in  the  spring. 
Its  song  is  much  louder  and  shriller  than  that  of  the 
grasshopper,  as  Dodwell  terms  the  latter.  This  wri- 
ter says  that  nothing  is  so  piercing  as  their  note  ; 
nothing,  at  the  same  time,  so  tiresome  and  inhar- 
monious ;  and  yet  the  ancient  writers,  and  espe- 
cially the  poets,  praise  the  sweetness  of  their  song ; 
and  Plutarch5  says  they  were  sacred  to  the  Mu- 
ses. According  to  iElian,6  only  the  male  Cicada 
sings,  and  that  in  the  hottest  weather.  This  is 
confirmed  by  the  discoveries  of  modern  naturalists. 
The  Cicada  is  extremely  common  in  the  south  of 
Italy.  It  is  found  also  in  the  United  States,  being 
called  in  some  parts  "  the  Harvest-fly,"  and  in  oth- 
ers, very  erroneously,  "  the  Locust."  The  Cicada 
has  a  sucker  instead  of  a  mouth,  by  which  it  lives 
entirely  on  liquids,  such  as  dew  and  the  juices  of 
plants.  The  song  of  the  Cicada,  as  it  has  been 
called,  is  made  by  the  males  for  the  purpose  of  call- 
ing to  their  females  in  the  season  of  reproduction, 
and  it  is  made  by  the  action  of  certain  muscles 
•jpon  two  membranes,  turned  in  the  form  of  a  ket- 
Ue-drum,  and  lodged  in  the  cavity  of  the  belly.  Sev- 
eral species  of  Cicada  are  described  by  Aristotle,7 
Suidas,  and  iElian,8  but  more  especially  two,  name- 
ly, ol  fieyu?>,oi  reTTcyeg,  ol  adovrec,  called  also  dxerai, 
and  ol  /LLinpoi,  called  also  reTrijovia.  The  former 
wTould  appear  to  be  the  Cicada  plebeia,  the  latter 
the  Cicada  orni.  This  insect  is  called  Cicale  in 
Italian,  and  Cigale  in  French.  "  The  Tettix,"  ob- 
serves Kirby,  "  seems  to  have  been  the  favourite 
of  every  Grecian  bard,  from  Homer  and  Hesiod  to 
Theocritus.  Supposed  to  be  perfectly  harmless, 
and  to  live  only  on  the  dew,  they  were  addressed  by 
the  most  endearing  epithets,  and  were  regarded  as 
all  but  divine.  So  attached,  indeed,  were  the 
Athenians  to  these  insects,  that  they  were  accus- 
tomed to  fasten  golden  images  of  them  in  their 
hair,  implying,  at  the  same  time,  a  boast,  that  they 
themselves,  as  well  as  the  Cicada,  were  'terra 
fiUi?  or  children  of  the  earth."9  Anacreon,  in  one 
of  his  odes,10  says  of  the  Tettix,  that  old  age 
wastes  it  not  away.  In  this  he  has  reference  to  the 
fable  of  Tithonus,  the  favourite  of  Aurora,  who, 
having  wished  for  immortality,  without  having 
asked,  at  the  same  time,  for  perpetual  youth,  be- 
came so  decrepit,  that  Aurora,  out  of  compassion, 
changed  him  into  a  tettix,  because  this  insect,  as 
the  ancients  believed,  laid  aside  its  skin  every  sum- 
mer, and  thus  renewed  its  youth.  The  truth  is,  the 
Tettix  or  Cicada,  like  all  the  other  species  of  the 


L  (H.  A.,  xi.,  4.)— 2.  (Paus.,  iii.,  14,  if  5.)— 3.  (Athcn.,  ix.,  p. 
407 — Suidas,  s.  v.  Xvrpa  and  "Qvov  irdicai. — Panofka,  Recher- 
ches,  &c,  i.,  28.) — 4.  (Travels  in  Greece,  vol.  ii.,  p.  45.) — 5. 
(Sympos.  Probl.,  8.)  -6.  (N.  A.,  xi.,26.)— 7.  (II.  A.,  iv.,  9.)—  8. 
(N.  A.,  x.,  44.)— 9.  (Griffith's  Cuvier,  vol.  xv  ,  p.  254.)— 10. 
lOd  xliii.,  15,  ed.  Fischer.) 
250 


Gryllus,  though  existing  but  for  a  single  season, 
since  it  dies  at  the  close  of  the  summer,  casta 
its  skin  in  the  same  manner  as  the  caterpillar, 
and  deposites  in  the  fields  a  membrane  so  accurate- 
ly true  to  its  entire  shape,  that  it  is  often  mistaken, 
at  first  sight,  for  the  Tettix  itself.  The  belief  that 
this  insect  was  indigenous,  or,  in  other  words, 
sprang  from  the  very  earth,  appears  to  have  arisen 
from  the  circumstance  of  large  numbers  being  seen 
immediately  after  showers,  though  not  visible  pre- 
viously. 

*CICER.     (Vid.  Erebinthus.) 

*CICHORIUM.    (Vid.  Intybum.) 

*CICI  (k'lki),  a  plant,  the  same  as  the  Fanna 
Christi  or  Ricinus  communis.  "  This  plant,"  ob- 
serves Woodville,  speaking  of  the  Palma  Christi, 
"  appears  to  be  the  klkl,  or  Kporuv  of  Dioscorides, 
who  observes  that  the  seeds  are  powerfully  cathar- 
tic :  it  is  also  mentioned  by  Aetius,  Paulus  ^Egineta, 
and  Pliny."1 

*CICONIA,  the  Stork.     (Vid.  Pelargos.) 

♦CICU'TA,  Hemlock.     (Vid.  Coneion.) 

CI'DARIS.     (Vid.  Tiara.) 

CILI/CIUM  (dippic),  a  Haircloth.  The  material 
of  which  the  Greeks  and  Romans  almost  universal- 
ly made  this  kind  of  cloth,  was  the  hair  of  goats. 
The  Asiatics  made  it  of  camel's-hair.  Goats  were 
bred  for  this  purpose  in  the  greatest  abundance,  and 
with  the  longest  hair,  in  Cilicia ;  and  from  this 
country  the  Latin  name  of  such  cloth  was  derived. 
Lycia,  Phrygia,  Spain,  and  Libya  also  produced  the. 
same  article.  The  cloth  obtained  by  spinning  and 
weaving  goat's-hair  was  nearly  black,  and  wras  used 
for  the  coarse  habits  which  sailors  and  fishermen 
wore,  as  it  was  the  least  subject  to  be  destroyed  by 
being  wet ;  also  for  horse-cloths,  tents,  sacks,  and 
bags  to  hold  workmen's  tools  (fabrilia  vasa),  and  for 
the  purpose  of  covering  military  engines,  and  the 
walls  and  towers  of  besieged  cities,  so  as  to  deaden 
the  force  of  the  ram  (vid.  Aries),  and  to  preserve 
the  woodwork  from  being  set  on  fire. 2 

Among  the  Orientals,  sackcloth,  which  was  with 
them  always  haircloth,  was  wTorn  to  express  morti- 
fication and  grief.  After  the  decline  of  the  Roman 
power,  it  passed  from  its  other  uses  to  be  so  em- 
ployed in  Europe  also.  Monks  and  anchorites  al- 
most universally  adopted  the  cilicium  as  fit  to  be 
worn  for  the  sake  of  humiliation,  and  they  sup- 
posed their  end  to  be  more  completely  attained 
if  this  part  of  their  raiment  was  never  washed. 
Hence  Jerome,3  describing  the  life  of  the  monk  Hi- 
larion,  says  of  his  hair  shirt,  "  Saccum,  quo  szmel 
fuerat  indutus,  nunquam  lavans,  et  superfluum  esse 
dicens,  munditias  in  cilicio  qua.rere.'''' 

*CIMEX  (Kopic),  the  Bug,  under  which  name 
many  species  are  included  by  the  ancients,  which 
modern  naturalists  have  distinguished  from  one 
another.  Aristotle  makes  the  n6ptc  to  be  engen- 
dered by  the  vapory  secretions  from  the  skins  of 
animals.  Pliny,*  after  calling  the  Cimex  "  animal 
fozdissimum,  et  dictu  quoque  fastidiendwrrC  (where 
he  evidently  alludes  to  the  Cimex  lectularius,  oi 
bedbug),  goes  on  to  state  some  marvellous  uses 
of  this  insect  in  the  healing  art.  It  was  considered 
an  excellent  remedy  against  the  bite  of  serpents, 
and  especially  of  asps  :  fumigations  made  with 
cimiccs  caused  leeches  to  loosen  their  hold  ;  and 
if  any  animal  had  swallowed  leeches  in  drinking, 
cimiccs,  taken  internally,  served  as  a  cure.  They 
were  good  for  weak  eyes  when  mixed  with  salt  and 
the  milk  of  a  female,  and  for  complaints  of  the  ears 


1.  (Dioscor.,  iv.,  161. — Adams,  Append.,  s.  v.)— 2.  (Aristot. 
H.  A.,  viii.,  28.— iElian,  N.  A.,  xvi.,  30.— Varro,  Dv  Re  Rust.  ii. 
H_Virg.,  Georg.,  iii.,  322.— Avieni,  Ora  Marit.,  218-221  -- 
Veget'us,  Ars.  Vet.,  i.,  42.)— 3.  (Epist.,  lib.  iii.)— 4.  (II.  N 
xxir    4 


CINCIA  LEX. 


CINNaBARIS. 


when  mingled  with  honey  and  oil  of  roses.  Nu- 
merous other  medical  virtues  were  ascribed  to 
them,  which,  like  the  preceding,  were  purely  fabu- 
lous, although  Guettard,  in  modern  times,  recom- 
mends them  in  hysterical  cases.1 

♦CIMOLTA  TERRA  (Ki/zoXla  yf/),  Cimolian 
Earth,  so  called  from  the  island  Cimolus,  one  of  the 
Cyclades,  whence  it  was  principally  obtained,  al- 
though found  also  in  other  of  the  adjacent  islands, 
particularly  Siphnus.  It  was  used  by  the  ancients  in 
cleaning  their  clothes,  pretty  much  in  the  same  way 
as  fuller's  earth  is  now  employed.  The  ancients 
ased  it  likewise  in  medicine  :  Galen  speaks  of  it  as 
good  in  St.  Anthony's  fire  ;a  and  Dioscorides3  high- 
ly commends  it,  mixed  with  vinegar,  in  swellings, 
inflammations,  and  many  other  external  affections. 
The  ancient  writers  mention  two  kinds  of  Cimolian 
Earth,  a  white  and  a  purplish.  Galen  says  that  the 
white  kind  was  dry,  and  the  purple  fattish,  and  that 
the  purple  was  accounted  the  better  of  the  two. 
Dioscorides  says  that  the  purple  kind  was  cold  to 
the  touch,  a  particular  very  observable  in  steatites. 
"  Many  authors,"  remarks  Sir  John  Hill,  "  have 
ranked  Cimolian  Earth  among  the  clays,  and  Tour- 
nefort  makes  it  a  chalk ;  but  it  appears  to  me  to 
have  "been  neith'.r  of  these,  but  properly  and  dis- 
tinctly a  marl.  Many  have  imagined  our  fuller's 
earth  to  have  been  the  Cimolian  of  the  ancients, 
but  erroneously ;  the  substance  which  comes  near- 
est it  of  all  the  now  known  fossils,  is  the  steatite 
of  the  soap  rock  of  Cornwall."4 

*CIN'ARA  (mvupa),  the  Artichoke.  The  Cinara 
scolymus,  our  common  artichoke,  is  described  in  dis- 
tinct terms  in  Columella,  and  he  is  the  only  ancient 
author  that  has  done  so.5 

CrNCIA  LEX,  or  MUNERA'LIS.  This  lex 
was  a  plebiscitum  passed  in  the  time  of  the  trib- 
une M.  Cincius  Alimentus  (B.C.  204),  and  entitled 
De  Donis  et  Mururibus.6  One  provision  of  this 
law,  which  forbac'e  a  person  to  take  anything  for 
his  pains  in  pleading  a  cause,  is  recorded  by  Taci- 
tus,7 "  Nc  quis  ob  causam  orandam  pecuniam  donumve 
accipiat."  In  the  time  of  Augustus,  the  lex  Cincia 
was  confirmed  by  a  senatus  consultum,8'and  a  pen- 
alty of  four  times  the  sum  received  was  imposed  on 
the  advocate.  This  fact  of  confirmation  will  explain 
a  passage  in  Tacitus.9  The  law  was  so  far  modified 
in  the  time  of  Claudius,  that  an  advocate  was  allow- 
ed to  receive  ten  sestertia ;  if  he  took  any  sum  be- 
yond that,  he  was  liable  to  be  prosecuted  for  repe- 
tundae  (rcpclundarum  tenebalur10).  (Vid.  Repetun- 
dje.)  It  appears  that  this  permission  was  so  far  re- 
stricted in  Trajan's  time,  that  the  fee  could  not  be 
paid  till  the  work  was  done.11 

So  far  the  Cincian  law  presents  no  difficulty; 
but  it  appears  that  the  provisions  of  the  law  were 
not  limited  to  the  case  already  stated.  They  ap- 
plied, also,  to  gifts  in  general ;  or,  at  least,  there 
were  enactments  which  did  limit  the  amount  of 
what  a  person  could  give,  and  also  required  gifts  to 
be  accompanied  with  certain  formalities ;  and  it 
does  not  seem  possible  to  refer  these  enactments  to 
any  other  than  the  Cincian  law.  The  numerous 
contradictions  and  difficulties  which  perplex  this 
subject  are,  perhaps,  satisfactorily  reconciled  and 
removed  by  the  following  conjecture  of  Savigny  :13 
'*  Gifts  which  exceeded  a  certain  amount  were  only 
valid  when  made  by  mancipatio,  in  jure  cessio,  or 
by  tradition  :  small  gifts,  consequently,  were  left  to 
i  person's  free  choice,  as  before  ;  but  large  gifts  (ex- 

1.  (Plin.,  ed.  Panckouck.  vol.  xvii.,  p.  346.)— 2.  (Galen,  De 
Simpl.,  ix.)— 3.  (v.,  175.)— 4.  (History  of  Fossils,  &c,  p.  36.)— 
5.  (Dioscor.,  iii.,  10.— Adams,  Append.,  s.  v.)— 6.  (Cic,  De 
Orat.,  ii.,  71.— Ad  Att.,  i.,  20.)— 7.  (Ann.,  xi.,  5.)— 8.  (Dion 
Cass.,liv.,  18.)— 9.  (Ann.,  xiii.,  42.)— 10.  (Tac:t.,  Ann.,  xi.,  7.) 
--11.  (Plin.,  Ep.,  v.,  21.)— 12.  (Ueber  die  Lex  Cincia,  Zeit- 
ijhrift,  &c,  iv.) 


cept  in  the  case  of  near  relat;vesN  were  to  be  ac 
companied  with  certain  formalities. "  The  objeci 
of  the  law,  accoiding  to  Savigny,  was  to  prevent 
foolish  and  hasty  gifts  to  a  large  amount,  and,  con- 
sequently, was  intended,  among  other  things,  to  pre- 
vent fraud.  This  was  effected  by  declaring  that 
certain  forms  were  necessary  to  make  the  gift  valid, 
such  as  mancipatio  and  in  jure  cessio,  both  of  which 
required  some  time  and  ceremony,  and  so  allowed 
the  giver  opportunity  to  reflect  on  what  he  was 
doing.  These  forms,  also,  could  not  be  observed, 
except  in  the  presence  of  other  persons,  which  was 
an  additional  security  against  fraud.  It  is  true  that 
this  advantage  was  not  secured  by  the  law  in  the 
case  of  the  most  valuable  of  things,  nee  mancipi, 
namely,  money,  for  the  transferring  of  which  bare 
tradition  was  sufficient ;  but,  on  the  other  hand,  a 
gift  of  a  large  sum  of  ready  money  is  one  that  peo- 
ple of  all  gifts  are  least  likely  to  make.  The  lex, 
however,  was  a  complete  protection  against  simple 
stipulations ;  that  is,  mere  promises  to  give  with- 
out an  actual  completion  of  the  promise  at  the  time. 

Savigny  concludes,  and  principally  from  a  pas- 
sage in  Pliny's  letters,1  that  the  Cincian  law  origi- 
nally contained  no  exception  in  favour  of  relatives, 
but  that  all  gifts  above  a  certain  amount  required 
the  formalities  already  mentioned.  The  Emperor 
Antoninus  Pius  introduced  an  exception  in  favour 
of  parents  and  children,  and  also  of  collateral  kins- 
men. It  appears  that  this  exception  was  subse- 
quently abolished,3  but  was  restored  by  Const^viine 
(A.D.  319)  so  far  as  it  was  in  favour  of  parents  and 
children ;  and  so  it  continued  as  long  as  the  pro- 
visions of  the  Cincian  law  were  in  force. 

As  to  the  amount  beyond  which  the  law  forbads 
a  gift  to  be  made,  except  in  conformity  to  its  pro- 
visions, see  Savigny,  Zeitschrift,  &c,  iv.,  p.  36. 

The  matter  of  the  lex  Cincia  is  also  discussed  in 
an  elaborate  essay  by  Hasse,3  which,  together  wl+.h 
the  essay  of  Savigny,  will  furnish  the  reader  witn 
all  the  necessary  references  and  materials  for  in- 
vestigating this  obscure  subject.  Anything  farther 
on  the  matter  would  be  out  of  place  here. 

In  every  system  of  jurisprudence,  some  provis- 
ions seem  necessary  on  the  subject  of  gifts.  In  our 
own  system  gifts  are  valid  as  against  the  giver.; 
and  though  the  general  rule  be  that  an  agreement 
to  give  cannot  be  enforced,  this  rule  is  subject  to 
exceptions  in  the  case  of  persons  standing  in  a  cer- 
tain relation  to  the  giver. 

It  might  be  conjectured  that  one  object  of  the 
Cincian  law  was  to  prevent  debtors  from  cheating 
their  creditors  by  gifts  of  their  property,  or  by  pre- 
tended gifts ;  but  perhaps  it  would  be  difficult  to 
establish  this  point  satisfactorily  in  the  present 
state  of  our  knowledge  on  this  subject. 

CINCTUS  GABI'NUS.     (Vid.  Toga.) 

CI'NGULUM.     {Vid.  Zona.) 

CINERA'RIUS.     (Vid.  Calamistrum.) 

CI'NERES.     (Vid.  Funus.) 

CI'NIFLO.     (Vid.  Calamistrum.) 

*CINNAB'AR1S  (KiwaOupic,  or  -i),  Cinnabar. 
Martyn*  writes  thus  concerning  it :  "  Minium  is 
the  native  Cinnabar,  or  ore  out  of  which  the  quick- 
silver is  drawn.  Minium  is  now  commonly  used  to 
designate  red  lead ;  but  we  learn  from  Pliny  that  tl  a 
Minium  of  the  Romans  was  the  Miltos  or  Cinnabari 
of  the  Greeks."  Woodville  says  of  it,  "  the  Cinnaba- 
ris  and  Sanguis  Draconis  seem  to  have  signified  the 
same  thing  with  the  Greeks."  Adams  thinks  that 
the  ancients  had  three  kinds  of  Cinnabar  :  1st,  the 
Vegetable  Cinnabar,  or  Sanguis  Draconis,  being  the 
resin  of  the  tree  called  Draccena  Draco ;  2d,  the  Na- 
tive Cinnabar,  or  Sulphuret  of  Quicksilver  ;  and,  3d, 


1.  (x.,  3.)— 2.  (Cod.  Hermog.,  vi.,  1.)— 3.  (Rheinisches  Mhjw 
um,  1827.)— 4.  (ad  Virg.,  Eclog.,  x.,  27.) 

251 


CIPPUS. 


CIRCUS 


the  Sil  Atticum.  or  Factitious  Cinnabar,  which  was 
very  different  from  ours,  being  a  preparation  of  a 
shining  arenaceous  substance.1 

♦CINNAMO'MUM  (Kivvdfiupog),  the  Cinnamon- 
tree,  and  also  Cinnamon  itself.2  It  is  supposed  by 
many  that  the  Kivvd/xufiog  of  the  ancients  was  the 
Laurus  Cinnamomum.  The  only  objection  to  this 
opinion,  as  Adams  remarks,  is,  that  the  latter  is  a 
native  of  Ceylon  (the  ancient  Taprobane),  and  that 
it  is  scarcely  to  be  believed  that  they  could  have 
been  so  familiar  with  a  production  of  that  island,  as  it 
appears  they  were  with  their  own  Cinnamon.  Yet, 
notwithstanding  this,  many  of  the  authorities,  as,  for 
example,  Sprengel  and  Dierbach,  hold  it  to  be  the 
Laurus  Cinnamomum.  It  is  probable,  however, 
that  the  Laurus  Cassia  was  often  confounded  with 
it.3  Various  kinds  of  cinnamon  are  mentioned  by 
ancient  writers,  such  as  the  poavhov,  which  was 
the  best,  of  a  dark  wine  colour,  sometimes  of  a  dark 
gray,  the  bark  smooth,  the  branches  small  and  slen- 
der, and  having  many  knots  ;  pungent  in  taste,  and, 
when  warmed,  somewhat  saltish :  the  bpeivov,  or 
mountain  Cinnamon;  the  fieXav,  or  "black;"  the 
Xevicov,  or  "  white  ;"  the  viroKifijiov,  or  "  yellowish  ;" 
to  which  some  add  the  xylo-cinnamomum  and  the 
pseudo-cinnamomum.  The  main  difference  between 
the  Kcvvu/xufiog  and  naaoia  appears  to  have  been,  that 
the  former  far  surpassed  the  latter  in  odour  and 
aste  ;  and,  in  fact,  Galen  remarks  that  the  highest 
tind  of  cassia  did  not  differ  much  from  the  lowest 
tind  of  cinnamon.  The  best  cinnamon  was  ob- 
■ained  from  the  nest  of  a  species  of  thrush  (Turdus 
Zeilonicus),  which  always  built  with  it,  and  hence 
yas  called  Ktvva/ncjXuyoc,  or  "cinnamon-collector."* 
\Vid.  Casia.) 

CIPPUS  was  a  low  column,  sometimes  round, 
but  more  frequently  rectangular.  Cippi  were  used 
for  various  purposes ;  the  decrees  of  the  senate 
were  sometimes  inscribed  upon  them ;  and,  with 
distances  engraved  upon  them,  they  also  served  as 
milestones.  They  were,  however,  more  frequently 
employed  as  sepulchral  monuments.5  Several  of 
such  cippi  are  in  the  Townly  collection  in  the  Brit- 
ish Museum,  one  of  which  is  given  in  the  woodcut 
annexed.     The  inscription  is  to  the  memory  of 


Viria  Primitiva,  the  wife  of  Lucius  Virius  Helius, 

I.  (Dioscor.,  v.  109.— Paris,  Pharm.,  vol.  i.,  p.  72.— Adams, 
Append.,  s.  v.) — 2.  (Dioscor.,  i.,  18. — Galen,  De  Simpl.,  vii. — 
Theophr.,  iv.,  4.)— 3.  (Adams,  Append.,  s.v.) — 4.  (Plin.,  H.N., 
x.,  33.— Aristot.,  II.  A.,  ix.,  13.— J31ian,  N.  A.,  ii.,  34;  xvii., 
ftl  -Billeri  eck,  Flora  Classica,  p.  104.)— 5.  (Pers.,  Sat.,  i.,  36.) 
252 


who  died  at  the  age  of  eighteen  years,  one  monti^ 
and  twenty-four  days.  Below  the  tablet,  a  festoon 
of  fruits  and  flowers  is  suspended  from  two  rams' 
heads  at  the  corners  ;  and  at  the  lower  corners  are 
two  sphinxes,  with  a  head  of  Pan  in  the  area  be- 
tween them. 

On  several  cippi  we  find  the  letters  S.  T.  T.  L., 
that  is,  Sit  tibi  terra  levis,  whence  Persius,  in  the 
passage  already  referred  to,  says,  "  Non  levior  cip~ 
-pus  nunc  imprimit  ossa." 

It  was  also  usual  to  place  at  one  corner  of  the 
burying-ground  a  cippus,  on  which  the  extent  of  the 
burying-ground  was  marked,  towards  the  road  (i% 
fronte),  and  backward  to  the  fields  {in  agrum1). 

CIRCE'NSES  LUDI.     (Fid.  Circus.) 

CFRCINUS  (diadrJTng),  a  Compass.  The  compass 
used  by  statuaries,  architects,  masons,  and  carpen- 
ters, is  often  represented  on  the  tombs  of  such  artif- 
icers, together  with  the  other  instruments  of  their 
profession  or  trade.     The  annexed  woodcut  is  cop- 


ied from  a  tomb  found  at  Rome.8  It  exhibits  two 
kinds  of  compasses,  viz.,  the  common  kind  used  for 
drawing  circles  and  measuring  distances,  and  one 
with  curved  legs,  probably  intended  to  measure  the 
thickness  of  columns,  cylindrical  pieces  of  wood,  01 
similar  objects.  The  common  kind  is  described  by 
the  scholiast  on  Aristophanes,3  who  compares  its 
form  to  that  of  the  letter  A.  The  mythologists  sup- 
posed this  instrument  to  have  been  invented  by  Per- 
dix,  who  was  the  nephew  of  Daedalus,  and,  through 
envy,  thrown  by  him  over  the  precipice  of  the  Athe- 
nian acropolis.*  Compasses  of  various  forms  were 
discovered  in  a  statuary's  house  at  Pompeii 
CIRCITO'RES.  (Vid.  Castra,  p.  222.) 
CIRCUMLFTIO.  (Vid.  Pictura.) 
CIRCUMLU'VIO.  (Vid.  Alluvio.) 
CIRCUITO'RES.  (Vid.  Castra,  p.  222.) 
CIRCUS.  When  Tarquinius  Priscus  had  taKen 
the  town  of  x\piolae  from  the  Latins,  as  related  in 
the  early  Roman  legends,  he  commemorated  his 
success  by  an  exhibition  of  races  and  pugilistic  con- 
tests in  the  Murcian  valley,  between  the  Palatine 
and  Aventine  Hills ;  around  which  a  number  of  tern 
porary  platforms  were  erected  by  the  patres  and 
equites,  called  spectacula,  fori,  or  foruli,  from  their 
resemblance  to  the  deck  of  a  ship ;  each  one  raising 
a  stage  for  himself,  upon  which  he  stood  to  view 
the  games.5  This  course,  with  its  surrounding 
scaffoldings,  was  termed  circus ;  either  because  the 
spectators  stood  round  to  see  the  shows,  or  be- 
cause the  procession  and  races  went  round  in  a 
circuit.6  Previously,  however,  to  the  death  of  Tar- 
quin,  a  permanent  building  was  constructed  for  the 
purpose,  with  regular  tiers  of  seats,  in  the  form  of  a 
theatre.7  To  this  the  name  of  Circus  Maximus 
was  subsequently  given,  as  a  distinction  from  the 
Flaminian  and  other  similar  buildings,  which  it  sur- 
passed in  extent  and  splendour ;  and  hence,  I3ce  the 
Campus  Martius,  it  is  often  spoken  of  as  the  Circus, 
without  any  distinguishing  epithet. 

Of  the  Circus  Maximus  scarcely  a  vestige  now 


1.  (Hor.,  Sat.,  I.,  viii.,  12.)— 2.  (Gruter,  Corp.  Tnscript.,  t.  i., 
part  ii.,  p.  644.)— 3.  (Nub.,  178.)— 4.  (Ovid,  Met.,  vizi.,  241-251.) 
— 5.  (Liv.,  i.,  35. — Festus,  s.  v.  Forum.— Dionys.,  iii.,  p.  199 
&c.)— 6.  (Varro,  De  Ling.  Lat.,  v.,  153,  154.  ed.  Miiller )— 7 
(Compare  Liv.  and  Dionys..  11.  cc.) 


CIRCUS 


CIRCUS. 


remains  beyond  the  palpable  evidence  of  the  site  it 
occupied,  and  a  lew  masses  of  rubble-work  in  a  cir- 
culai  form,  which  may  be  seen  under  the  walls  of 
some  houses  in  the  Via  de'  Cerchi,  and  which  retain 
traces  of  having  supported  the  stone  seats1  for  the 
spectators.  This  loss  is,  fortunately,  supplied  by 
the  remains  of  a  small  circus  on  the  Via  Appia, 
commonly   called    the    Circus    of   Caracalla,  the 


ground-plan  of  which,  together  with  mucb  of  ttie 
superstructure,  remains  in  a  state  of  considerable 
preservation.  The  ground-plan  of  the  circus  in 
question  is  represented  in  the  annexed  woodcut ; 
and  may  be  safely  taken  as  a  model  of  all  others, 
since  it  agrees  in  every  main  feature,  both  of  gen- 
eral outline  and  individual  parts,  with  the  descrip- 
tion of  the  Circus  Maximus  given  by  Dionysius.1 


#«•-••.... 


K 
I 


3DE 


Around  the  double  lines  (A,  A)  were  arranged 
the  seats  (gradus,  scdilia,  subscllia),  as  in  a  theatre, 
termed,  collectively,  the  cavea,  the  lowest  of  which 
were  separated  from  the  ground  by  a  podium,  and 
the  whole  divided  longitudinally  by  prcecinctiones, 
and  diagonally  into  cunei,  with  their  vomitoria  at- 
tached to  each.  Towards  the  extremity  of  the  up- 
per branch  cf  the  cavea,  the  general  outline  is  bro- 
ken by  an  outwork  (B),  which  was  probably  the 
pulvinar,  or  station  for  the  emperor,  as  it  is  placed 
in  the  best  situation  for  seeing  both  the  commence- 
ment and  end  of  the  course,  and  in  the  most  prom- 


S 


A 


inent  part  of  the  circus.3  In  the  opposite  brancn  is 
observed  another  interruption  to  the  uniform  line 
of  seats  (C),  betokening  also,  from  its  construction, 
a  place  of  distinction,  which  might  have  been  as- 
signed to  the  person  at  whose  expense  the  games 
were  given  (editor  spectaculorum). 

In  the  centre  of  the  area  was  a  low  wall  (D),  run- 
ning lengthways  down  the  course,  which,  from  its 
resemblance  to  the  position  of  the  dorsal  bone  in 
the  human  frame,  was  termed  spina.3  It  is  repre- 
sented in  the  woodcut  subjoined,  taken  from  an  an- 
cient bas-relief. 


At  <each  extremity  of  the  spina  were  placed,  upon 
a  base  (E,  E),  three  wooden  cylinders,  of  a  conical 
shape,  like  cypress-trees  (metasque  imitata  cuprcs- 
sus3),  which  were  called  meta, — the  goals.  Their 
situation  is  distinctly  seen  in  the  preceding  wood- 
cut, but  then  form  is  more  fully  developed  in  the 


1.  Ilirocjt  ,  I.  c.)— 2.  (Ovid,  Met.,  x.,  106.— Compare  Plyi., 
IT  Nm  xvi.,  &l) 


one  annexed,  copied  from  a  marble  in  the  Bntisn 
Museum.* 

The  most  remarkable  object  upon  the  spina  were 
two  columns  (F)  supporting  seven  conical  balls, 
which,  from  their  resemblance  to  eggs,  were  called 
ova.6  These  are  seen  in  the  woodcut  representing 
the  spina.  Their  use  was  to  enable  the  spectators 
to  count  the  number  of  rounds  which  had  been  run ; 
for  which  purpose  they  are  said  to  have  been  first 
introduced  by  Agrippa,*  though  Livy  speaks  of  them 
long  before.7  They  are,  therefore,  seven  in  num- 
ber, such  being  the  number  of  the  circuits  made  in 
each  race ;  and,  as  each  round  was  run,  one  of  the 
ova  was  put  up8  or  taken  down,  according  to  Varro.  • 
An  egg  was  adopted  for  this  purpose  in  honour  of 
Castor  and  Pollux.10  At  the  other  extremity  of  the 
spina  were  two  similar  columns  (G),  represented 
also  in  the  woodcut  over  the  second  chariot,  sus- 
taining seven  dolphins,  termed  delphince,  or  delphi- 
narum  columna,11  which  do  not  appear  to  have  been 
intended  to  be  removed,  but  only  placed  there  as 
corresponding  ornaments  to  the  ova ;  and  the  figure 
of  the  dolphin  was  selected  in  honour  of  Neptune.1' 
In  the  Lyons  mosaic,  subsequently  to  be  noticed, 
the  delphina,  are  represented  as  fountains  spouting 

1.  (iii.,  p.  192.)— 2.  (Suet.,  Claud.,  4.)— 3.  (Cassiodor.,  Var. 
Ep.,  iii.,  51.)— 4.  (Chamber  I.,  No.  60.)— 5.  (Varro,  De  Re  Rust., 
i.,  2,  ()  11.— Liv.,  xli,  27.)— 6.  (Dion  Cass.,  xhx.,  p.  600.)— 7. 
(xli.,  27.)— 8.  (Cassidor.,  Var.  Ep.,  iii.,  51.)— 9.  (De  Re  Rust., 
i.,.2,  (>  11.)— 10.  (Tertull.,  De  Spectac.,  c.  8.)— 11.  (Jut.,  Sat., 
vi.,  590.)— 12.  (Tertull.,  1.  c  ) 

253 


CIRCUS. 


CIRCUS. 


water ;  but  in  a  bas-relief  of  the  Palazzo  Barberi- 
ni,1  a  ladder  is  placed  against  the  columns  which 
support  the  dolphins,  apparently  for  the  purpose  of 
ascending  to  take  them  up  and  down.  Some  wri- 
ters suppose  the  columns  which  supported  the  ova 
and  delphince  to  be  the  phalce  or  falec  which  Juvenal 
mentions.1  But  the  phalce  were  not  columns,  but 
towers,  erected,  as  circumstances  required,  between 
the  metcE  and  euripus,  or  extreme  circuit  of  the  area, 
when  sham-fights  were  represented  in  the  circus.3 
Besides  these,  the  spina  was  decorated  with  many 
other  objects,  such  as  obelisks,  statues,  altars,  and 
temples,  which  do  not  appear  to  have  had  any  fixed 
locality. 

It  will  be  observed  in  the  ground-plan  that  there 
is  a  passage  between  the  metce  and  spina,  the  ex- 
treme ends  of  the  latter  of  wThich  are  hollowed  out 
into  a  circular  recess :  and  several  of  the  ancient 
sculptures  afford  similar  examples.  This  might 
have  been  for  performing  the  sacrifice,  or  other 
offices  of  religious  worship,  with  which  the  games 
commenced  ;  particularly  as  small  chapels  can  still 
be  seen  under  the  metce,  in  which  the  statues  of 
some  divinities  must  have  been  placed.  It  was 
probably  under  the  first  of  these  spaces  that  the  al- 
tar of  the  god  Consus  was  concealed,*  which  was 
excavated  upon  each  occasion  of  these  games.6 

At  the  extremity  of  the  circus  in  which  the  two 
horns  of  the  cavea  terminate,  were  placed  tfie  stalls 
for  the  horses  and  chariots  (H,  H),  commonly  called 
carceres  at,  and  subsequently  to,  the  age  of  Varro  ; 
but  more  anciently  the  whole  line  of  buildings  which 
confined  this  end  of  the  circus  was  termed  oppidum, 
because,  with  its  gates  and  towers,  it  resembled 
the  walls  of  a  town,6  which  is  forcibly  illustrated 
by  the  circus  under  consideration,  where  the  two 
towers  (I,  I)  at  each  end  of  the  carceres  are  still 
standing.  The  number  of  carceres  is  supposed  to 
have  been  usually  twelve,7  as  they  are  in  this  plan ; 
but  in  the  mosaic  discovered  at  Lyons,  and  pub- 
lished by  Artaud,8  there  are  only  eight.  This  mo- 
saic has  several  peculiarities.  Most  of  the  objects 
are  double.  There  is  a  double  set  of  ova  and  del- 
phince, one  of  each  sort  at  each  end  of  the  spina ; 
and  eight  chariots,  that  is,  a  double  set  for  each 
colour,  are  inserted.  They  were  vaults,  closed  in 
front  by  gates  of  open  woodwork  (cancelli),  which 
were  opened  simultaneously  upon  the  signal  being 
given,9  by  removing  a  rope  (vaiiXnyZ10)  attached  to 
pilasters  of  the  kind  called  Hermce,  placed  for  that 
purpose  between  each  stall ;  upon  which  the  gates 
were  immediately  thrown  open  by  a  number  of 
men,  probably  the  armenlarii,  as  represented  in  the 
following  woodcut,  taken  from  a  very  curious  mar- 
ble in  the  Museo  Borgiano  at  Velletri ;  which  also 
rpnresents  most  of  the  other  peculiarities  above 
mentioned  as  appertaining  to  the  carceres. 

-    -  -  .     ■    s- 


In  the  mosaic  of  Lyons  the  man  is  represented 


1.  (Fabretti,  Syntagm.  de  Column.  Trajani,  p.  144.) — 2.  (1.  c.) 
?.  (Compare  Festus,  s.  v.  Phalae. — Servius,  ad  Virg.,  JEi\.,  ix., 
705. — Ruperti,  ad  Juv.,  1.  c.) — 4.  (Tertull.,  De  Spectac,  c.  5.) 
5.  (Dionys.,  ii.,  p.  97.) — 6.  (Festus,  s.  v. — Varro,  De  Ling-.  Lat., 
v.,  153.) — 7.  (Cassiodor.,  Var.  Ep.,  iii.,  51.) — 8.  (Description 
d'un  Mosaique,  &c,  Lyons,  180J.) — 9.  (Dionys.,  iii.,  p.  192. — 
Cassiodor.,  1.  c. — Compare  Sil.  Ital.,xvi.,  316.) — 10.  (Dionys.,  1. 
p  — Compare  Schol.  ad  Theoe.f  *"•.,  Idyll.,  viii.,  57.) 
254 


apparently  in  the  act  of  letting  go  the  rope  (ianXtiyf, 
in  the  manner  described  by  Dionysius.1     The  oul 
below,  which  is  from  a  marble  in  the  British  Mu 
seum,a  represents  a  set  of  four  carceres,  with  theii 
Hermce  and  cancelli  open,  as  left  after  the  chariots 


^^'"■-     •■"'■■       '■  V. ■■"?■■■■■■■       \   '^.^■■■■V.":y    :'.-■.-;■  .^y  toV,x  . -j^ 


^VN^-^^ANNX^^yyvXVv-^^ 


had  started,  in  which  the  gates  are  made  to  open 
inward. 

Th§» preceding  account  and  woodcuts  will  be  suf- 
ficient to  explain  the  meaning  of  the  various  words 
by  which  the  carceres  were  designated  in  poetical 
language,  namely,  claustra,3  crypta,*  fauces,5  ostia,6 
fores  carceris,1  repagula,6  limina  equorum* 

It  will  not  fail  to  be  observed  that  the  line  of  the 
carceres  is  not  at  a  right  angle  with  the  spina,  but 
forms  the  segment  of  a  circle,  the  centre  of  which 
is  a  point  on  the  right  hand  of  the  arena  ;  the  rea- 
son for  which  is  obviously  that  all  the  chariots 
might  have,  as  nearly  as  possible,  an  equal  distance 
to  pass  over  between  the  carceres  and  mouth  of  the 
course.  Moreover,  the  two  sides  of  the  circus  are 
not  parallel  to  each  other,  nor  the  spina  to  either  of 
them  ;  but  they  are  so  planned  that  the  course  di- 
minishes gradually  from  the  mouth  at  (J),  until  it 
reaches  the  corresponding  line  at  the  opposite  side 
of  the  spina  (K),  where  it  is  narrower  by  thirty-two 
feet.  This  might  have  proceeded  from  economy, 
or  be  necessary  in  the  present  instance  on  account 
of  the  limited  extent  of  the  circus  ;  for  as  all  the 
four  or  six  chariots  would  enter  the  mouth  of  the 
course  nearly  abreast,  the  greatest  width  would  be 
required  at  that  spot  ;  but  as  they  got  down  the 
course,  and  one  or  more  took  the  lead,  the  same 
width  would  be  no  longer  necessary. 

The  carceres  were  divided  into  two  sets  of  six 
each,  accurately  described  by  Cassiodorus10  as  bis- 
sena  ostia,  by  an  entrance  in  the  centre  (L),  called 
Porta  Pompce ;  because  it  was  the  one  through 
which  the  Circensian  procession  entered,  and  which, 
it  is  inferred  from  a  passage  in  Ausonius,11  was  al- 
ways open,  forming  a  thoroughfare  through  the  cir 
cus.  Besides  this  entrance,  there  were  four  others, 
two  at  the  termination  of  the  seats  between  the  ca- 
vea and  the  oppidum  (M,  M),  another  at  (N),  and  the 
fourth  at  (0),  under  the  vault  of  which  the  fresco 
decorations  are  still  visible.  This  is  supposed  to 
be  the  Porta  Triumphalis,  to  which  its  situation 
seems  adapted.  One  of  the  others  was  the  Porta 
Libitinensis,1*  so  called  because  it  v/as  the  one 
through  which  the  dead  bodies  of  those  killed  in  the 
games  were  carried  out.13 

Such  were  the  general  features  of  a  circus,  as  fin 
as  regards  the  interior  of  the  fabric.  The  area  had 
also  its  divisions  appropriated  to  particular  purpos 
es,  with  a  nomenclature  of  its  own  attached  to  each 
The  space  immediately  before  the  oppidum  waa 
termed  circus  primus ;  that  near  the  meta  prima, 
circus  interior  or  intimus,1*  which  latter  spot,  in  the 
Circus  Maximus,  was  also  termed  ad  Murcim  or  ad 

—i—  ■         ■  .  i       -  ii ■  ■■  '     ■  ■  '  ■■  ■      —        ■        ^ 

1.  (I.e.)  — 2.  (Chamber  XL,  No.  10.)  — 3.  (Stat.,  Theb.,  vi. 
399.— Hor.,  Epist.,  I.,  xiv.,  9.)  — 4.  (Sidon.,  Carm.,  xxiii.,  319.) 
— 5.  (Cassiodor.,  Var.  Ep.,  iii.,  51.)  — 6.  (Alison.,  Epist.,  xviii. 
11.)— 7.  (Ovid,  Trist.,  V.,  ix.,  29.)— 8.  (Id.,  Met.,  ii.,  155.— Si! 
Ital.,  xvi.,  318.)  —  9.  (Id.,  xvi.,  317.)  -  10.  (I.e.)  — 11.  (Epist. 
xviii.,  12.)  — 12.  (Lamprid.,  Commod.,  10.)  —  13.  (Dion  Oa*« 
Ixiii.,  p.  1222.)— 14.  (Varro,  De  Line   Lat.,  v.,  154.) 


CIRCUS. 


CIRCUS. 


Muraam,  from  the  altar  of  Venus  Murtia  or  Murcia, 
placed  there.1  The  term  arena  belongs  to  an  am- 
phitheatre ;  and  it  is  therefore  probable  that  it  was 
applied  in  the  circus  to  the  large  open  space  be- 
tween the  carccrcs  and  prima  meta,  when  the  circus 
was  used  for  the  exhibition  of  athletic  games,  for 
which  the  locality  seems  best  adapted;  but  in  Sil- 
ius  Italicus2  it  is  put  for  the  part  down  the  spina. 
When  the  circus  was  used  for  racing,  the  course 
was  termed  spatium3  or  spatia,  because  the  match 
included  more  than  one  circuit.*  It  is  also  called 
campus,5  and  poetically  aquor.6 

At  the  entrance  of  the  course,  exactly  in  the  di- 
rection of  the  line  (J,  K),  were  two  small  pedestals 
(hermuli)  on  each  side  of  the  podium,  to  which  was 
attached  a  chalked  rope  (alba  linea1),  for  the  pur- 
pose of  making  the  start  fair,  precisely  as  is  prac- 
tised at  Rome  for  the  horse-races  during  Carni- 
val. Thus,  when  the  doors  of  the  carceres  were 
thrown  open,  if  any  of  the  horses  rushed  out  before 
the  others,  they  were  brought  up  by  this  rope  until 
the  whole  were  fairly  abreast,  when  it  was  loosened 
from  one  side,  and  all  poured  into  the  course  at 
once.  In  the  Lyons  mosaic  the  alba  linea  is  dis- 
tinctly traced  at  the  spot  just  mentioned,  and  one 
of  the  chariots  is  observed  to  be  upset  at  the  very 
place,  while  the  others  pursue  their  course.  A  sec- 
ond alba  linea  is  also  drawn  across  the  course,  ex- 
actly half  way  down  the  spina,  the  object  of  which 
has  not  been  explained  by  the  publisher  of  the  mo- 
saic. It  has  been  observed  that  this  is  a  double 
race ;  and  as  the  circus  represented  was  probably 
too  narrow  to  admit  of  eight  chariots  starting 
abreast,  it  became  necessary  that  an  alba  linea 
should  be  drawn  for  each  set ;  and,  consequently, 
one  in  advance  of  the  other.  The  writer  has  often 
seen  the  accident  alluded  to  above  happen  at  Rome, 
when  an  over-eager  horse  rushes  against  the  rope 
and  gets  thrown  down.  This  line,  for  an  obvious 
reason,8  was  also  called  calx  and  crcta,9  from 
whence  comes  the  allusion  of  Persius,10  cretata  am- 
bitio.  The  meta  served  only  to  regulate  the  turn- 
ings of  the  course  ;  the  alba  linea  answered  to  the 
starting  and  winning  post  of  modern  days  :  "perac- 
to  legitimo  cursu  ad,  cretam  stetere."11  Hence  the 
metaphor  of  Cicero,12  "quasi  decurso  spatio^d  car- 
ceres  a  calce  revocari ;"  and  of  Horace,13  "  mors 
ultima  linea  rerum."14 

From  this  description  the  Circus  Maximus  differ- 
ed little,  except  in  size  and  magnificence  of  embel- 
lishment. But  as  it  was  used  for  hunting  wild 
beasts,  Julius  Caesar  drew  a  canal,  called  Euripus, 
ten  feet  wide,  around  the  bottom  of  the  podium,  to 
protect  the  spectators  who  sa*  there,15  w^hich  was 
removed  by  Nero,16  but  subsequently  restored  by 
other  princes.17  It  possessed  also  another  variety 
in  three  open  galleries  or  balconies,  at  the  circular 
end,  called  meniana  or  mamiana.1*  The  numbers 
which  the  Circus  Maximus  was  capable  of  contain- 
ing are  computed  at  150,000  by  Dionysius,™  260,000 
by  Pliny,"  and  385,000  by  P.  Victor,21  all  of  which 
are  probably  correct,  but  have  reference  to  different 
periods  of  its  history.  Its  very  great  extent  is  in- 
dicated by  Juvenal.22  Its  length  in  the  time  of  Ju- 
Uus  Caesar  was  three  stadia,  the  width  one,  and  the 

1.  (Compare  Apuleius,  Met.,  vi.,  p.  395,  ed.  Oudendorp. — 
Tertull.,  de  Spectac,  8. — Miiller,  ad  Varron.,  1.  c.) — 2.  (xvi., 
415.)  — 3.  (Juv.,  Sat.,  vi.,  582.)  —  4.  (Vixg-  Mn.,  v.,  316,  325, 
327.— Georg.,  i.,  513.— Stat.,  Theb.,  vi.,  594.  — Hor.,  Epist.,  I., 
xiv.,  9.— Compare  Sil.  Ital.,  xvi.,  336.)— 5.  (Sil.  Ital.,  xvi.,  391.) 
—6.  (Id.,  414.)— 7.  (Cassiodor.,  1.  c.)  — 8.  (Plin.,  H.  N.,  xxxv., 
58.)— 9.  (Cic,  De  Am.,  27.  — Seneca,  Epist.,  108.)  — 10.  (Sat., 
v.,  177.) — 11.  (Plin.,  H.  N.,  viii.,  65,  and  compare  xxxv.,  58.) — 
12.  (Senect.,  23.)— 13.  (Epist.,  I.,  xvi.,  79.)  — 14.  (Compare 
Lucret.,  vi.,  92.)— 15.  (Dionvs.,  iii.,  p.  192.— Suet.,  Jul.,  39.)— 
!6.  (Plin.,  II.  N.,  viii.,  7.)— 17.  (Lamprid.,  Heliogab.,  23.)— 18. 
(Suet.,  Cal.,  18.)— 19.  (iii.,  p.  192.)— 20  (H.  N.,  xxxvi.,  24.)— 
21    fTU-gio  xi  )— 22.  (Sat.,  xi.,  195  ) 


depth  of  the  buildings  occupied  half  a  stadium, 
which  is  included  in  the  measurements  given  by 
Dionysius,2  and  thus  exactly  accounts  for  the  vari- 
ation in  his  computation. 

When  the  Circus  Maximus  was  permanentlv 
formed  by  Tarquinius  Priscus,  each  of  the  thirty 
curias  had  a  particular  place  assigned  to  it  ;3  which 
separation  of  the  orders  is  considered  by  Niebuhr  to 
account  for  the  origin  and  purpose  of  the  Circus 
Flaminius,  which  he  thinks  was  designed  for  the 
games  of  the  commonalty,  who  in  early  times  chose 
their  tribunes  there,  on  the  Flaminian  Field.4  Be 
that  as  it  may,  in  the  latter  days  of  the  Republic 
these  invidious  distinctions  w^ere  lost,  and  all  class- 
es sat  promiscuously  in  the  circus.5  The  seats 
were  then  marked  off  at  intervals  by  a  line  or 
groove  drawn  across  them  (linea),  so  that  the  space 
included  between  the  two  lines  afforded  sitting- 
room  for  a  certain  number  of  spectators.  Hence 
the  allusion  of  Ovid  :6 

"  Quid  frustra  refugis  1  cogit  nos  linea  jungi" 

As  the  seats  were  hard  and  high,  the  women  made 
use  of  a  cushion  (pulvinus)  and  a  footstool  (scam- 
num,  scabellum7),  for  which  purpose  the  railing 
which  ran  along  the  upper  edge  of  each  prcecinctio 
was  used  by  those  who  sat  immediately  above  it.8 
But  under  the  emperors,  when  it  became  necessary 
to  give  an  adventitious  rank  to  the  upper  classes 
by  privileges  and  distinctions,  Augustus  first,  then 
Claudius,  and  finally  Nero  and  Domitian,  again  sep- 
arated the  senators  and  equites  from  the  commons.9 
The  seat  of  the  emperor,  pulvinar,10  cubiculum,11  was 
most  likely  in  the  same  situation  in  the  Circus  Max- 
imus as  in  the  one  above  described.  It  was  gen- 
erally upon  the  podium,  unless  when  he  presided 
himself,  which  was  not  always  the  case  ;12  but  then 
he  occupied  the  elevated  tribunal  of  the  president 
(suggestus),  over  the  Porta  Pompa.  The  consuls 
and  other  dignitaries  sat  above  the  carceres,"  indi- 
cations of  which  seats  are  seen  in  the  first  wood- 
cut on  page  254.  The  rest  of  the  oppidum  was 
probably  occupied  by  the  musicians  and  persons  who 
formed  part  of  the  pompa. 

The  exterior  of  the  Circus  Maximus  was  sur- 
rounded by  a  portico  one  story  high,  above  which 
were  shops  for  those  who  sold  refreshments.14 
Within  the  portico  were  ranges  of  dark  vaults 
which  supported  the  seats  of  the  cavca.  These 
were  let  out  to  women  of  the  town.18 

The  Circensian  games  (Ludi  Circcnscs)  were  first 
instituted  by  Romulus,  according  to  the  legends, 
when  he  wished  to  attract  the  Sabine  population  to 
Rome,  for  the  purpose  of  furnishing  his  own  people 
with  wives,16  and  were  celebrated  in  honour  of  the 
god  Consus,  or  Neptunus  Equestris,  from  whom 
they  were  styled  Consualcs.11  But  after  the  con- 
struction of  the  Circus  Maximus  they  were  called 
indiscriminately  Circenses,13  Romani,  or  Magni.19 
They  embraced  six  kinds  of  games  :  I.  Cursus  ■ 
II.  Ludus  Troj^e  ;  III.  Pugna  Equestris  ;  IV 
Certamen  Gymnicum  ;  V.  Venatio  ;  VI.  Nauma- 
chia.  The  last  two  were  not  peculiar  to  the  circus, 
but  were  exhibited  also  in  the  amphitheatre,  or  in 
buildings  appropriated  for  them. 

The  games  commenced  with  a  grand  procession 
(Pompa  Circensis),  in  which  all  those  who  were 
about  to  exhibit  in  the  circus,  as  well  as  persons  of 

1.  (Plin.,  1.  c.)— 2.  (iii  ,  p.  192.)— 3.  (Dionvs.,  iii.,  p.  199.)— 
4.  (Hist.  Rom.,  vol.  i.,  p.  426,  transl.)  —5.  (Suet.,  Octav.,  44.) 
— 6.  (Amor.,  III.,  ii  >  19.  —  Compare  Ovid,  Art.  Amat.,  i.,  141) 
7.  (Ovid,  Art.  Amat.,  i.,  160,  162.)  —8.  (Ovid,  Amor.,  Ill ,  ii  , 
64.)— 9.  (Suet.,  Octav.,  44—  Claud.,  21.— Nero,  11.— Domit.,  8  ) 
—10.  (Suet.,  Octav.,  45.— Claud.,  4.)— 11.  (Id.,  Nero,  12.)— 12. 
(Suet.,  Nero,  1.  c.)— 13.  (Sidon.,  Carm.,  xxiii.,  317.)— 14.  (Dio- 
nvs., iii.,  p.  192.)— 15.  (Juv.,  Sat.,iii.,65.-Lr.mprid.,  Heliogab.. 
26.)— 16.  (Val.Max.,ii.,4,$  3.)— 17.  (Liv.,  i.,  9.)— 18.  (Sernu* 
ad  Virg.,  Georg.,  iii.,  18.)— 19.  (Liv., :...  ?5.) 

255 


CIRCLE. 


CIRCUS. 


distinction,  bore  a  part.  The  statues  of  the  gods 
formed  the  most  conspicuous  feature  in  the  show, 
and  were  paraded  upon  wooden  platforms,  called 
fercula  and  thensce.1  The  former  were  borne  upon 
the  shoulders,  as  the  statues  of  saints  are  carried 
in  modern  processions  ;2  the  latter  drawn  along 
upon  wheels,  and  hence  the  thensa  which  bore  the 
statue  of  Jupiter  is  termed  Jovis  plaustrum  by  Ter- 
tullian,3  and  Aide,  bxoc  by  Dion  Cassius.*  The  for- 
mer were  for  painted  images,  or  those  of  light 
material,  the  latter  for  the  heavy  statues.  The 
whole  procession  is  minutely  described  by  Dio- 
nysius.5 

I.  Cursus,  the  races.  The  carriage  usually  em- 
ployed in  the  circus  was  drawn  by  two  or  four 
horses  (biga,  quadriga).     (Vid.  Biga,  Bigatus.) 

The  usual  number  of  chariots  which  started  for 
each  race  was  four.  The  drivers  (auriga,  agitatores) 
were  also  divided  into  four  companies,  each  distin- 
guished by  a  different  colour,  to  represent  the  four 
seasons  of  the  year,  and  called  a  f actio  :6  thus  f actio 
prasina,  the  green,  represented  the  spring,  whence7 
"Eventum  viridis  quo  colligo  panni;"  f actio  russa- 
ta,  red,  the  summer ;  f actio  veneta,  azure,  the  au- 
tumn ;  and  f actio  alba  or  albata,  white,  the  winter.8 
Originally  there  were  but  two  factions,  albata  and 
russata,9  and,  consequently,  only  two  chariots  start- 
ed at  each  race.  Domitian  subsequently  increased 
the  whole  number  to  six,  by  the  addition  of  two 
new  factions,  aurata  and  purpurea  ;10  but  this  ap- 
pears to  have  been  an  exception  to  the  usual  prac- 
tice, and  not  in  general  use.  The  driver  stood  in 
his  car  within  the  reins,  which  went  round  his  back. 
This  enabled  him  to  throw  all  his  weight  against 
the  horses,  by  leaning  backward  ;  but  it  greatly  en- 
hanced his  danger  in  case  of  an  upset,  and  caused 
the  death  of  Hippolytus.11  To  avoid  this  peril,  a 
sort  of  knife  or  bill-hook  was  carried  at  the  waist  for 
the  purpose  of  cutting  the  reins  in  a  case  of  emer- 
gency, as  is  seen  in  some  of  the  ancient  reliefs,  and 
is  more  clearly  illustrated  in  the  annexed  woodcut, 


copied  from  a  fragment  formerly  belonging  to  the 
Villa  Negroni,  which  also  affords  a  specimen  of  the 
dress  of  an  auriga.  The  torso  only  remains  of  this 
statue,  but  the  head  is  supplied  from  another  an- 
tique, representing  an  auriga,  in  the  Villa  Albani. 

1.  (Suet.,  Jul.,  76.)— 2.  (Cic,  De  Off.,  i„  36.)— 3.  (De  Spec- 
tre., 7.)— 4.  (p.  608.)— 5.  (vii.,  457, 458.— Compare  Ovid,  Amor., 
III.,  ii.,  43,  &c.)— 6.  (Festus,  s.  v.)— 7.  (Juv.,  Sat.,  xi.,  196.)— 8. 
(Tertull.,  De  Spectac,  9. — Compare  authorities  quoted  by  Ru- 
nerti,  ad  Juv.,  vii.,  112.)  — 9.  (Tertull.,  1.  c.)  — 10.  (Suet., 
Dom.,  7.)— 11.  (Eurip.,  Hippol.,  1230,  ed.  Monk.— Compare 
Ovid,  Met.,  xv.,  524.) 
?.o6 


When  all  was  ready,  the  doors  c  f  the  carcerea 
were  flung  open,  and  the  chariots  were  formed 
abreast  of  the  alba  linea  by  men  called  mo1  atores, 
from  their  duty  ;  the  signal  for  the  start  was  then 
given  by  the  person  who  presided  at  the  games, 
sometimes  by  sound  of  trumpet,1  or  more  usually 
by  letting  fall  a  napkin,2  whence  the  Cireensian 
games  are  called  spectacula  mappa.3  The  origin  of 
this  custom  is  founded  on  a  story  that  Nero,  while 
at  dinner,  hearing  the  shouts  of  the  people,  who 
were  clamorous  for  the  course  to  begin,  threw  down 
his  napkin  as  the  signal.*  The  alba  linea  was  then 
cast  off,  and  the  race  commenced,  the  extent  of 
which  was  seven  times  round  the  spina,5  keeping 
it  always  on  the  left.6  A  course  of  seven  circuits 
was  termed  unus  missus,  and  twenty-five  was  the 
number  of  races  run  in  each  day,  the  last  of  which* 
was  called  missus  cerarius,  because  in  early  times 
the  expense  of  it  was  defrayed  by  a  collection  of 
money  (as)  made  among  the  people.7  Upon  one 
occasion  Domitian  reduced  the  number  of  circuits 
from  seven  to  five,  in  order  to  exhibit  100  missus  in 
one  day.8  The  victor  descended  from  his  car  at 
the  conclusion  of  the  race,  and  ascended  the  spina, 
where  he  received  his  reward  (bravium,  from  the 
Greek  j3pa6etov9) :  this  consisted  of  a  considerable 
sum  of  money,10  and  accounts  for  the  great  wealth 
of  the  charioteers  to  which  Juvenal  alludes,-  and 
the  truth  of  which  is  testified  by  many  sepulchral 
inscriptions. 

A  single  horseman,  answering  to  the  Keknq  of  the 
Greeks,  attended  each  chariot,  the  object  of  which 
seems  to  have  been  twofold  ;  to  assist  his  compan- 
ion by  urging  on  the  horses,  when  his  hands  wer€ 
occupied  in  managing  the  reins,  and,  if  necessary 
to  ride  forward  and  clear  the  course,  as  seen  in  the 
cut  from  the  British  Museum  representing  the  meta 
which  duty  Cassiodorus11  assigns  to  him,  with  the 
title  of  equus  desultorius.  Other  writers  apply  that 
term  to  those  who  practised  feats  of  horsemanship 
in  the  circus,  leaping  from  one  to  another  when  at 
their  speed.12  In  other  respects,  the  horse-racing 
followed  the  same  rules  as  the  chariots. 

The  enthusiasm  of  the  Romans  for  these  races 
exceeded  all  bounds.  Lists  of  the  horses  (libella), 
with  their  names  and  colours,  and  those  of  the  dri- 
vers, were  handed  about,  and  heavy  bets  made 
upon  each  faction  ;13  and  sometimes  the  contests 
between  two  parties  broke  out  into  open  violence 
and  bloody  quarrels,  until  at  last  the  disputes  which 
originated  in  the  circus  had  nearly  lost  the  Emperor 
Justinian  his  crown.1* 

II.  Ludus  Troj^e,  a  sort  of  sham-fight,  said  to 
have  been  invented  by  JEneas,  performed  by  young 
men  of  rank  on  horseback,16  often  exhibited  by  Au- 
gustus and  succeeding  emperors,16  which  is  descri- 
bed by  Virgil.17 

III.  Pugna  Equestris  et  Pedestris,  a  repre- 
sentation of  a  battle,  upon  which  occasions  a  camp 
was  formed  in  the  circus.18 

IV.  Certamen  Gymnicum.  Vid.  Athletje,  and 
the  references  to  the  articles  there  given. 

V.  (Vid.  Venatio.)         VI.  (Vid.  Naumachia.) 
The  pompa  circensis  was  abolished  by  Constan- 

tine,  upon  his  conversion  to  Christianity;  and  the 


1.  (Ovid,  Met.,  x.,  652.  — Sidon.,  Carm.,  xxiii.,  341.)— 2 
("mappa,"  Suet.,  Ner.,  22.— Mart.,  Ep.,  XII.,  xxix.,  9.)— 3 
(Juv.,  Sat.,  xi.,  191.)— 4.  (Cassiodor.,  Var.  Ep.,  iii.,  51.) — 5. 
(Varro,  ap.  Gell.,  III.,  x.,  6.)— 6.  (Ovid,  Amor.,  III.,  ii.,  72.— 
Sil.  Ital.,  xvi.,  362.)— 7.  (Servius  ad  Virg.,  Georg.,  iii.,  18.— 
Compare  Dion  Cass.,  lix.,  p.  908.)— 8.  (Suet.,  Dom.,  4.)— 9. 
(1  Corinth.,  ix.,  24.)— 10.  (Juv.,  Sat.,  vii.,  113,  114,  243.— Suet., 
Claud.,  21.)— 11.  (Var.  Ep.,  iii.,  51.) — 12.  (Compare  Suet.,  Jul., 
39.— Cic,  Pro  Muraen.,  27.— Dionys.,  p.  462.  — Panvin,  De  Lud. 
Circens.,  i.,  9.)— 13.  (Ovid,  Art.  Amat.,  i.,  167,  168.— Juv.,  Sat., 
xi.,  200.— Mart.,  Ep.,  XL,  i.,  15.)— 14.  (Gibber,  c.  40.)— 15.  (Tx 
cit.,  Ann., xi.,  11.)— 16.  (Suet.,  Octav.,43.— Ncro,7.)— 17.  (JEu 
v.,  553,  &c.)— 18.  (Suet.,  Jul.,  39.— Dom.,  4) 


CISSOS. 


C1STA. 


othei  games  of  the  circus  by  the  Goths  (A.D  410) ; 
but  the  chariot  races  continued  at  Constantinople 
until  that  city  was  besieged  by  the  Venetians  (A.D. 
1204).1 

CIRCUMVALLA'TIO.     (Vid.  Vallum.) 

*CIRIS,  a  species  of  Lark,  according  to  some, 
while  others  think  it  is  a  solitary  bird  with  a  purple 
crest,  which  continually  haunts  the  rocks  and  shores 
of  the  sea.  The  poets  fabled  that  Scylla,  daughter 
of  Nism,  was  changed  into  this  bird.3 

*CJRSIUM  (nipcuov).  Sprengel,  upon  the  whole, 
inclines  to  the  opinion  that  this  is  the  Slender  This- 
tle, or  Carduus  lenuiflorus.3  ( Vid.,  however,  Car- 
duus.) 

♦CIS  (kIc),  an  insect  mentioned  by  Theophrastus4 
as  injurious  to  grain.  Aldrovandus  decides  that  it 
is  the  same  with  the  Curculio,  which  infests  wheat 
and  barley,  meaning,  no  doubt,  the  Curculio  grana- 
rius,  L.,  or  Weevil.  The  Tp6tj  was  a  species  of  Cur- 
culio which  infests  pulse  :  Scaliger  remarks  that  it 
is  also  called  fitdac  by  Theophrastus.4 

CI'SIUM,  a  gig,  i.  e.,  a  light  open  carriage  with 
two  wheels,  adapted  to  carry  two  persons  rapidly 
from  place  to  place.    Its  form  is  sculptured  on  the 

monumental   column   at    Igel, 

near  Treves  (see  woodcut).  It 
had  a  box  or  case,  probably  un- 
der the  seat.6  The  cisia  were 
quickly  drawn  by  mules  (cisi 
volantis1).  Cicero  mentions 
the  case  of  a  messenger  who 
travelled  56  miles  in  10  hours  in  such  vehicles, 
which  were  kept  for  hire  at  the  stations  along  the 
great  roads ;  a  proof  that  the  ancients  considered 
six  Roman  miles  per  hour  as  an  extraordinary 
speed.8  The  conductors  of  these  hired  gigs  were 
c  aded  cisiarii,  and  were  subject  to  penalties  for  care- 
less or  dangerous  driving.9 

*CISSA  or  CITTA  (niooa,  kltto),  a  species  of 
Bird,  which  Hardouin  and  most  of  the  earlier  com- 
mentators hold  to  be  the  Magpie,  or  Corvus  Pica,  L. 
Schneider,  however,  thinks  the  Jay,  or  Corvus  glan- 
dularis, more  applicable  to  the  nlao-a  of  Aristotle. 
The  latter  is  certainly  the  bird  described  by  Pliny 
under  this  name.10 

♦CISSE'RIS  (KLooripie),  Pumice.  Theophrastus11 
was  well  aware  that  Pumice  is  formed  by  the  ac- 
tion of  fire.  He  speaks  of  various  kinds,  specifying 
particularly  the  pumices  of  Nisyrus  and  Melos  ;  the 
former  of  which,  however,  are  not  genuine  pumices, 
according  to  Hill,  but  Tophi.  The  island  of  Melos 
lias  always  been  known  to  abound  with  pumices, 
and  those  of  the  very  finest  kind.  This  appears  to 
have  been  the  case  even  in  the  time  of  Theophras- 
tus, as  appears  by  his  description  of  their  being  light 
and  sandy,  or  easily  rubbed  into  powder.12 

♦CI'SSOS  or  CI'TTO?  {nioooc,  kIttoc),  the  com- 
mon Ivy,  or  Hcdcra  helix.  The  three  species  of  it 
described  by  Dioscorr'es13  and  other  ancient  writers 
are  now  looked  uf  m  as  mere  varieties.  Theo- 
phrastus,1* for  example,  says  that  the  three  princi- 
pal sorts  are  the  white,  the  black,  and  that  which  is 
called  helix  (eAif).  The  black  is  our  common  ivy, 
and  the  helix  seems  to  be  only  the  same  plant  be- 
fore it  has  become  capable  of  bearing  fruit.  "  That 
the  helix  is  the  ivy  in  its  barren  state,"  observes 
Martyn,  "is  plain  from  the  account  which  Theo- 
phrastus gives  of  it :  he  says  the  leaves  are  angu- 
lar, and  more  neat  than  those  of  ivy,  which  has 


them  *  junder  and  more  simple.  He  adds,  moreo- 
ver, that  it  is  barren.  As  for  the  white  ivy,  it  seems 
to  be  unknown  to  us.  Some,  indeed,  imagine  it  to 
be  that  variety  of  which  the  leaves  are  variegated 
with  white.  But  Theophrastus  expressly  mentions 
the  whiteness  of  the  fruit.  Pliny1  has  confounded 
the  ivy  with  the  cistus,  being  deceived  by  the  simi- 
larity of  the  two  names,  that  of  ivy  being  Kiaoog  or 
kittoc,  and  that  of  the  cistus,  kiotoc."  Fee3  thinks 
that  the  white  ivy  is  the  Azarina  of  the  Middle  Ages ; 
in  other  words,  the  Antirrhinum  asarinum,  L. 
Sprengel,  on  the  other  hand,  makes  it  the  same 
with  the  helix  ;  "  solet  enim,"  he  observes,  "  quando- 
que  folia  habere  nervis  albis  pallcntia." — The  bota- 
nists of  the  Middle  Ages  established  as  a  species  of 
Ivy,  under  the  name  of  arborea,  a  variety  which  the 
moderns  merely  distinguish  by  the  epithet  "  corym- 
bosa."  It  is  the  same  with  that  of  which  Virgil 
speaks  in  the  third  Eclogue,  and  in  the  second  book 
of  the  Georgics,3  and  which  is  also  described  with 
as  much  elegance  as  precision  in  a  passage  of  the 
Culex.*  The  Hedera  nigra  of  the  seventh  and  eighth 
Eclogues6  is  the  same  which  the  ancients  termed 
" Dionysia"  from  its  being  sacred  to  Bacchus.  It 
is  the  Hedera  poetica  of  Bauhin.  The  epithet  nigra 
has  reference  to  the  dark  hue  of  the  berries  and  the 
deep  green  colour  of  the  leaves.6  Sibthorp,  speak- 
ing of  the  Hedera  helix,  as  found  at  the  present  day 
in  Greece,  remarks,  "  This  tree  hangs  as  a  curtain 
in  the  picturesque  scenery  of  the  marble  caves  ol 
Pendeli.    The  leaves  are  used  for  issues."7 

CISTA  (Kiarn)  was  a  small  box  or  chest,  in  which 
anything  might  be  placed ;  but  the  term  was  more 
particularly  applied,  especially  among  the  Greeks, 
to  the  small  boxes  which  were  carried  in  proces- 
sion in  the  festivals  of  Demeter  and  Dionysus. 
These  boxes,  which  were  always  kept  closed  in  the 
public  processions,  contained  sacred  thing?)  connect- 
ed with  the  worship  of  these  deities.8 

In  the  representations  of  the  Dicnysian  proces- 
sions, which  frequently  form  the  subject  of  paint- 
ings on  ancient  vases,  women  carrying  cistae  are 


constantly  introduced.  From  one  of  these  pami 
ings,  given  by  Millin  in  his  Peinlures  de  Vases  An 
tiques,  the  preceding  woodcut  is  taken ;  and  a  simi- 
lar figure  from  the  same  work  is  given  on  page  188 

1.  (H.  N.,  xvi.,  34.)— 2.  (Flore  de  Virgile,  p.  lxiv.)— 3.  (Ec 
log.,  iii.,  39.— Georg.,  ii.,  258.)— 4.  (v.,  140.)— 5.  (vii.,  38;  vm. 
12  )— 6.  (Fee,  Flore  de  Virgile,  p.  lxiii.)— 7  (Walpole's  Me 
moirs,  vol.  i.,  p.  240.)— 8.  (Ovid,  De  Art.  Amat.,  ii.,  609—  C» 
tull..l«—    «»*0— Tfbull..  I  .  vii.,  48.) 

257 


CITRUS 


CIV1TAS. 


♦CISTHUS  or  CISTUS  (aiaBog,  niorog).  The 
common  niorog  of  the  Greeks  was  either  the  Cistus 
Creticus  or  C.  ladaniferus.  This  is  the  tree  which 
produces  the  famous  gum  Ladanum.  (Vid.  Lada- 
num.)  Sibthorp  makes  the  niorog  dfovg  of  Dioscor- 
ides  to  be  the  Cistus  salvifolius.1 

CISTO'PHORUS  (Kioro<j>6pog),  a  silver  coin, 
which  is  supposed  to  belong  to  Rhodes,  and  which 
was  in  general  circulation  in  Asia  Minor  at  the  time 
of  the  conquest  of  that  country  by  the  Romans.2 
It  took  its  name  from  the  device  upon  it,  which  was 
either  the  sacred  chest  (cista)  of  Bacchus,  or,  more 
probably,  a  flower  called  niorog.  Rs  value  is  ex- 
tremely uncertain,  as  the  only  information  we  pos- 
sess on  the  subject  is  in  two  passages  of  Festus, 
which  are  at  variance  with  each  other,  and  of  which 
certainly  one,  and  probably  the  other,  is  corrupt.3 
Mr.  Hussey  (p.  74,  75),  from  existing  coins  which 
he  takes  for  cistophori,  determines  it  to  be  about  § 
of  the  later  Attic  drachma,  or  Roman  denarius  of 
the  Republic,  and  worth  in  our  money  about  l\d. 

CI'THARA.     {Vid.  Lyra.) 

*  CITRUS  (Kirpia  or  Kir  pea),  the  Citron-tree.  For 
a  long  period,  as  Fee  remarks,*  the  Citron  was  with- 
out any  specific  name  among  both  the  Greeks  and 
R,omans.  Theophrastus  merely  calls  it  ^irfkia  M77- 
6lkv  f)  UepaiKT/.  Pliny5  styles  it  the  Median  or  As- 
syrian Apple-tree,  "  Malus  Medica  sive  Assyriaca." 
At  a  later  period,  fxrjXia  Hepamrj  became  a  name  ap- 
propriated to  the  Peach-tree,  while  "  malus  Assyri- 
zca"  ceased  to  be  used  at  all :  the  designation  of 
the  Citron-tree  then  became  more  precise,  under 
the  appellation  of  malus  Medica  or  Citrus  (fivlea 
MrjdtKT},  Kirpia).  Of  all  the  species  of  "  Citrus" 
that  which  botanists  term,  par  excellence,  the  Citron- 
tree  of  Media,  was  probably  the  first  known  in  the 
West.  Virgil6  gives  a  beautiful  description  of  it, 
styling  the  fruit  "  felix  malum."  This  epithet  felix 
is  meant  to  indicate  the  "happy"  employment  of 
the  fruit  as  a  means  of  cure  in  cases  of  poisoning, 
as  well  as  on  other  occasions ;  while  the  tristes 
sued  indicate,  according  to  Fee,  the  bitter  savour 
of  the  rind,  for  it  is  of  the  rind  that  the  poet  here 
points  out,  as  he  thinks,  the  medical  use :  he  makes 
no  allusion  to  the  refreshing  effects  of  the  citron, 
but  only  to  its  tonic  action ;  and  this  latter  could 
not  refer  to  the  juice,  the  properties  of  which  were 
not  as  yet  well  known.  Some  commentators  think 
that,  when  Josephus  speaks  of  the  apple  of  Persia, 
which  in  his  time  served  as  "  hadar"  he  means  the 
citron.  This,  however,  cannot  be  correct.  It  would 
seem  that  he  merely  refers  to  a  remarkable  and 
choice  kind  of  fruit,  which  was  to  be  an  offering  to 
the  Lord ;  s'o  that  hadar  cannot  be  the  Hebrew  for 
the  citron- tree  or  its  produce.7  Neither  is  there 
any  ground  for  the  belief  that  the  Jews  in  the  time 
of  Moses  were  acquainted  with  this  tree.8 — Virgil9 
says  that  the  fruit  of  the  citron  was  a  specific  against 
poison,  and  also  that  the  Medes  chewed  it  as  a  cor- 
rective of  fetid  breaths,  and  as  a  remedy  for  the 
asthma.  Athenaeus10  relates  a  remarkable  story  of 
the  use  of  citrons  against  poison,  which  he  had  from 
a  friend  of  his  who  was  governor  of  Egypt.  This 
governor  had  condemned  two  malefactors  to  death 
by  the  bite  of  serpents.  As  they  were  being  led  to 
execution,  a  person,  taking  compassion  on  them, 
gave  them  a  citron  to  eat.  The  consequence  of  this 
was,  that  though  they  were  exposed  to  the  bite  of 
the  most  venomous  serpents,  they  received  no  in- 
jury.   The  governor,  being  surprised  at  this  extraor- 

1.  CTheophxast.,  vi.,  2.— Dioscor.,  L,  128.— Adams,  Append., 
s.  v.)~r2-  (Liv.,  xxxvii.,  46,  58  ;  xxxix.,  7. — Cic.  ad  Att.,  ii.,  6  ; 
xi.,  1.)—  3-  (Festus,  s.  v.  Euboicum  Talentum,  and  Talentorum 
noii,  &c. — Vid.  Miillev's  notes.) — 4.  (Flore  de  Virgile,  p.  cvi.) — 
5.  (II.  N.,  xv.,  14.)— 6.  (Georg.,  ii.,  126,  seqq.)— 7.  (Fee,  1.  c.) 

tt.  (Fee  I.e.)— ft   f   c.)— 10.  (lib.  hi.,  c.  28.) 
258 


dinary  rbsult,  inquired  of  the  soldier  who  guarded 
them  what  they  had  eaten  or  drunk  that  day,  and 
being  informed  that  they  had  only  eaten  a  citron, 
he  ordered  that  the  next  day  one  of  them  should 
eat  citron  and  the  other  not.  He  who  had  not  tast 
ed  the  citron  died  presently  after  he  was  bitten  ; 
the  other  remained  unhurt ! — Palladius1  seems  to 
have  been  the  first  who  cultivated  the  citron  with 
any  success  in  Italy.  He  has  a  whole  chapter  on 
the  subject  of  this  tree.  It  seems,  by  his  account, 
that  the  fruit  was  acrid,  which  confirms  what  The- 
ophrastus and  Pliny  have  said  of  it,  that  it  was  not 
esculent.  It  may  have  been  meliorated  by  culture 
since  his  time.2 

CIVTLE  JUS.     (Vid.  Jus  Civile.) 

CIVI'LIS  ACTIO.     (Vid.  Actio,  p.  17.) 

CIVIS.     (Vid.  Civitas.) 

CFVITAS  (GREEK)  (liolirua).  In  the  thira 
book  of  the  Politics,  Aristotle  commences  his  in- 
quiry into  the  nature  of  states  with  the  question, 
"What  constitutes  a  citizen?'  (TroMrvg.)  He  de 
fines  a  citizen  to  be  one  who  is  a  partner  in  the  le- 
gislative and  judicial  power  (fiiroxoc  xploeug  nai 
dpxvc').  No  definition  will  equally  apply  to  all  the 
different  states  of  Greece,  or  to  any  single  state  at 
different  times ;  the  above  seems  to  comprehend 
more  or  less  properly  all  those  whom  the  common 
use  of  language  entitled  to  the  name. 

A  state  in  the  heroic  ages  was  the  government 
of  a  prince  ;  the  citizens  were  his  subjects,  and  de- 
rived all  their  privileges,  civil  as  well  as  religious, 
from  their  nobles  and  princes.  Nothing  could  have 
been  farther  from  the  notions  of  those  times  than 
the  ideas  respecting  the  natural  equality  of  freemen 
which  were  considered  self-evident  axioms  in  the 
democracies  of  an  after  period.  In  the  early  gov. 
ernments  there  were  no  formal  stipulations ;  the 
kings  were  amenable  to  the  gods  alone.  The 
shadows  of  a  council  and  assembly  were  already  in 
existence,  but  their  business  was  to  obey.  Com- 
munity of  language,  of  religion,  and  of  legal  rights, 
as  far  as  they  then  existed,  was  the  bond  of  union ; 
and  their  privileges,  such  as  they  were,  were  read- 
ily granted  to  naturalized  strangers.  Upon  the 
whole,  as  Wachsmuth  has  well  observed,  the  no- 
tion of  citizenship  in  the  heroic  age  only  existed  so 
far  as  the  condition  of  aliens  or  of  domestic  slaves 
was  its  negative. 

The  rise  of  a  dominant  class  gradually  overthrew 
the  monarchies  of  ancient  Greece.  Of  such  a  class, 
the  chief  characteristics  were  good  birth  and  the 
hereditary  transmission  of  privileges,  the  possession 
of  land,  and  the  performance  of  military  service. 
To  these  characters  the  names  yafiopoi,  'nrweic,  ev 
narpidai,  &c,  severally  correspond.  Strictly  speak- 
ing, these  were  the  only  citizens ;  yet  the  lower 
class  were  quite  distinct  from  bondmen  or  slaves. 
It  commonly  happened  that  the  nobility  occupied 
the  fortified  towns,  while  the  drjjiog  lived  in  the 
country  and  followed  agricultural  pursuits :  when- 
ever the  latter  were  gathered  within  the  walls,  and 
became  seamen  or  handicraftsmen,  the  difference 
of  ranks  was  soon  lost,  and  wealth  made  the  only 
standard.  The  quarrels  of  the  nobility  among 
themselves,  and  the  admixture  of  population  arising 
from  immigrations,  all  tended  to  raise  the  lower 
orders  from  their  political  subjection.  It  must  be 
remembered,  too,  that  the  possession  of  domestic 
slaves,  if  it  placed  them  in  no  new  relation  to  the 
governing  body,  at  any  rate  gave  them  leisure  to 
attend  to  the  higher  duties  of  a  citizen,  and  thus 
served  to  increase  their  political  efficiency. 

During  the  convulsions  which  followed  the  heroic 
ages,  naturalization  was  readily  granted  to  all  who 
desired  it ;  as  the  value  of  citizenship  increased,  it 

1.  (Martyn  ad  Virg.,  Georg.,  ii.,  134  )— 2.  (Martyn.  1   "  > 


CIVITAS. 


CIVITAS 


was,  of  course,  more  sparingly  bestowed.  The  ties 
of  hospitality  descended  from  the  prince  to  the  state, 
and  the  friendly  relations  of  the  Homeric  heroes 
were  exchanged  for  the  irpo&viai  of  a  later  period. 
In  political  intercourse,  the  importance  of  these 
last  soon  began  to  be  felt,  and  the  7rp6fevoc  at  Ath- 
ens, in  after  times,  obtained  rights  only  inferior  to 
actual  citizenship.  (Vid.  Proxenos.)  The  isopo- 
lite  relation  existed,  however,  on  a  much  more  ex- 
tended scale.  Sometimes  particular  privileges  were 
granted :  as  £7rtyafiia,  the  right  of  intermarriage  ; 
tyKTTjaig,  the  right  of  acquiring  landed  property  ; 
arkhua,  immunity  from  taxation,  especially  ureXeia 
fieroiKiov,  from  the  tax  imposed  on  resident  aliens. 
All  these  privileges  were  included  under  the  gen- 
eral term  loorekua  or  looixokirua,  and  the  class 
who  obtained  them  were  called  laoTelelg.  They 
bore  the  same  burdens  with  the  citizens,  and  could 
plead  in  the  courts  or  transact  business  with  the 
people  without  the  intervention  of  a  TrpooT&Tns} 
If  the  right  of  citizenship  was  conferred  for  services 
done  to  the  state,  the  rank  termed  7rpoedpta  or  evep- 
yeoia  might  be  added.  Naturalized  citizens,  even 
of  the  highest  grade,  were  not  precisely  in  the  same 
condition  with  the  citizen  by  birth,  although  it  is 
not  agreed  in  what  the  difference  consisted.  Some 
think  that  they  were  excluded  from  the  assembly,8 
others  that  they  were  only  ineligible  to  offices,  or, 
at  any  rate,  to  the  archonship. 

The  candidate  on  whom  the  citizenship  was  to 
be  conferred  was  proposed  in  two  successive  as- 
semblies, at  the  second  of  which  at  least  six  thou- 
sand citizens  voted  for  him  'by  ballot :  even  if  he/ 
succeeded,  his  admission,  like  every  other  decree, 
was  liable  during  a  whole  year  to  a  ypaffj  irapavo- 
fiuv.  He  was  registered  in  a  phyle  and  deme,  but 
not  enrolled  in  the  phratria  and  genos  ;  and  hence 
it  has  been  argued  that  he  was  ineligible  to  the  of- 
fice of  archon  or  priest,  because  unable  to  partici- 
pate in  the  sacred  rites  of  'AnoMuv  Uarptiot;  or 
Zevr  'EpK«of. 

Thd  object  of  the  phratria?  (which  were  retained 
il  the  constitution  of  Clisthenes,  when  their  num- 
ber no  longer  corresponded  to  that  of  the  tribes) 
was  to  preserve  purity  and  legitimacy  of  descent 
among  the  citizens.  Aristotle  says3  that  for  prac- 
tical purposes  it  was  sufficient  to  define  a  citizen 
as  the  son  or  grandson  of  a  citizen,  and  the  register 
of  the  phratriae  was  kept  chiefly  as  a  record  of  the 
citizenship  of  the  parents.  If  any  one's  claim  was 
disputed,  this  register  was  at  hand,  and  gave  an 
answer  to  all  doubts  about  the  rights  of  his  parents 
or  his  own  identity.  Every  newly-married  woman, 
herself  a  citizen,  was  enrolled  in  the  phratriae  of  her 
husband,  and  every  infant  registered  in  the  phratria 
and  genos  of  its  father.  All  who  were  thus  regis- 
tered must  have  been  born  in  lawful  wedlock,  of 
parents  who  were  themselves  citizens  ;  indeed,  so 
far  was  this  carried,  that  the  omission  of  any  of  the 
requisite  formalities  in  the  marriage  of  the  parents, 
if  it  did  not  wholly  take  away  the  rights  of  citizen- 
ship, might  place  the  offspring  under  serious  disa- 
bilities. This,  however,  was  only  carried  out  in  its 
utmost  rigour  at  the  time  when  Athenian  citizen- 
ship was  most  valuable.  In  Solon's  time,  it  is  not 
certain  that  the  offspring  of  a  citizen  and  of  a  for- 
eign woman  incurred  any  civil  disadvantage  ;  and 
even  the  law  of  Pericles,*  which  exacted  citizen- 
ship on  the  mother's  side,  appears  to  have  become 
obsolete  very  soon  afterward,  as  we  find  it  re-en- 
acted by  Aristophon  in  the  archonship  of  Euclides, 
B.C.  403.5 

1.  (Bockh,  Public  Econ.  of  Athens,  ii.,  p.  316,  318.— Niebuhr, 
Hist.  Rom.,  ii.,  p.  50.— Hermann,  Manual.,  c.vi.)— 2.  (Niebuhr, 
Hist.  Rom.,  ii.,  p.  50.)— 3.  (Pol.,  iii.,  2.)— 4.  (Plut.,  Pericl.,  c. 
•7  )--5.  (Atheneus.  xiii.,  p.  577,  6.) 


It  is  evident,  then,  from  the  very  object  ol  itus 
phratriae,  why  the  newly-admitted  citizen  was  not 
enrolled  in  them.  As  the  same  -easoii  did  not  ap- 
ply to  the  children,  these,  if  born  of  women  whe 
were  citizens,  were  enrolled  in  the  phratria  oi  theii 
maternal  grandfather.1  Still  an  additional  safe- 
guard was  provided  by  the  registry  of  the  deme. 
At  the  age  of  sixteen,  the  son  of  a  citizen  was  re 
quired  to  devote  two  years  to  the  exercises  of  the 
gymnasia,  at  the  expiration  of  which  term  he  was 
enrolled  in  his  deme  ;  and,  after  taking  the  oath  of 
a  citizen,  was  armed  in  the  presence  of  the  assem- 
bly. He  was  then  of  age,  and  might  marry  ;  but 
was  required  to  spend  two  years  more  as  a  rrepiiro- 
log  in  frontier  service  before  he  was  admitted  to 
take  part  in  the  assembly  of  the  people.  The  ad- 
mission into  the  phratria  and  deme  were  alike  at- 
tended with  oaths  and  other  solemn  formalities : 
when  a  doKi/iaoia  or  general  scrutiny  of  the  claims 
of  citizens  took  place,  it  was  intrusted  to  both  of 
them ;  indeed,  the  registry  of  the  deme  was  the 
only  check  upon  the  naturalized  citizen. 

These  privileges,  however,  were  only  enjoyed 
while  the  citizen  was  eTiiriftog  :  in  other  words,  did 
not  incur  any  sort  of  urtfica.  'Art/zia  was  of  two 
sorts,  either  partial  or  total.  In  the  former  case, 
the  rights  of  citizenship  were  forfeited  for  a  time 
or  in  a  particular  case  ;  as  when  public  debtors,  for 
instance,  were  debarred  from  the  assembly  and 
courts  until  the  debt  was  paid;2  or  when  a  plaintiff 
was  subjected  to  a-ipia,  and  debarred  from  institu- 
ting certain  public  suits  if  he  did  not  obtain  a  fifth 
part  of  the  votes.3  Total  aTifiia  was  incurred  for 
the  worse  sort  of  crimes,  such  as  bribery,  embez 
zlement,  perjury,  neglect  of  parents,  &c*  It  did 
not  affect  the  property  of  the  delinquent,  but  only 
deprived  him  of  his  political  rights :  perhaps  it  did 
not  contain  any  idea  even  of  dishonour,  except  in 
so  far  as  it  was  the  punishment  of  an  offence.  The 
punishment  did  not  necessarily  extend  to  the  family 
of  the  offender,  although  in  particular  cases  it  may 
have  done  so.5 

Recurring,  then,  to  Aristotle's  definition,  we  find 
the  essential  properties  of  Athenian  citizenship  to 
have  consisted  in  the  share  possessed  by  every  citi- 
zen in  the  legislature,  in  the  election  of  magistrates, 
in  the  6oKi[iaaia,  and  in  the  courts  of  justice. 

The  lowest  unity  under  which  the  citizen  was 
contained  was  the  yhog  or  clan ;  its  members  were 
termed  yevvfjTai  or  dfioyuhanTEc;.  Thirty  yevrj  form- 
ed a  (ftparpia,  which  latter  division,  as  was  observ- 
ed above,  continued  to  subsist  long  after  the  four 
tribes,  to  which  the  twelve  phratnes  anciently  cor- 
responded, had  been  done  away  by  the  constitution 
of  Clisthenes.  There  is  no  reason  to  suppose  that 
these  divisions  originated  in  the  common  descent 
of  the  persons  who  were  included  in  them,  as  they 
certainly  did  not  imply  any  such  idea  in  later  times. 
Rather  they  are  to  be  considered  as  mere  political 
unions,  yet  formed  in  imitation  of  the  natural  ties 
of  the  patriarchal  system. 

If  we  would  picture  to  ourselves  the  true  notion 
which  the  Greeks  imbodied  in  the  word  tzoIlc,  we 
must  lay  aside  all  modern  ideas  respecting  the  na- 
ture and  object  of  a  state.  With  us,  practically,  if 
no'*,  in  theory,  the  essential  object  of  a  state  hardly 
embraces  more  than  the  protection  of  life  and  prop- 
erty. The  Greeks,  on  the  other  hand,  had  the  most 
vivid  conception  of  the  state  as  a  whole,  every  part 
of  which  was  to  co-operate  to  some  great  end,  to 
which  all  other  duties  were  considered  as  subordi- 
nate. Thus  the  aim  of  democracy  was  said  to  be 
liberty  ;  wealth,  of  oligarchy ;  and  education,  of  ar- 


1.  (I8seus,  De  Apol.  Haered.,  c.  15.)— 2.  (Hermann,  Manual, 
6  124.)— 3.  (Bockh,  Publ.  Econ.  of  Athens,  ii..  p.  111.)— 4.  (An- 
doc.,  p.  10,  22.)— 5.  (Demosth.,  c  Mid.,  c.  32.) 

259 


CIVITAS. 


CJ  VITAS. 


istocracy.  In  all  governments  the  endeavour  was 
to  draw  the  social  union  as  close  as  possible,  and  it 
seems  to  have  been  with  this  view  that  Aristotle 
laid  down  a  principle  which  answered  well  enough 
to  the  accidental  circumstances  of  the  Grecian 
states,  that  a  irSXtg  must  be  of  a  certain  size  (Ov 
yap  eK  detect,  pivptdduv  tzoIlc  etl  koriv1). 

This  unity  of  purpose  was  nowhere  so  fully  car- 
ried out  as  in  the  government  of  Sparta ;  and,  if 
Sparta  is  to  be  looked  upon  as  the  model  of  a  Do- 
rian state,  we  may  add,  in  the  other  Dorian  govern- 
ments. Whether  Spartan  institutions  in  their  es- 
sential parts  were  the  creation  of  a  single  master- 
mind, or  the  result  of  circumstances  modified  only 
by  the  genius  of  Lycurgus,  their  design  was  evi- 
dently to  unite  the  governing  body  among  them- 
selves against  the  superior  numbers  of  the  subject 
population.  The  division  of  lands,  the  syssitia,  the 
education  of  their  youth,  all  tended  to  this  great 
object.  The  most  important  thing,  next  to  union 
among  themselves,  was  to  divide  the  subject  class, 
and,  accordingly,  we  find  the  government  confer- 
ring some  of  the  rights  of  citizenship  on  the  Helots. 
Properly  speaking,  the  Helots  cannot  be  said  to  have 
had  any  political  rights  ;  yet,  being  serfs  of  the  soil, 
they  were  not  absolutely  under  the  control  of  their 
masters,  and  were  never  sold  out  of  the  country 
even  by  the  state  itself.  Their  condition  was  not 
one  of  hopeless  servitude ;  a  legal  way  was  open 
to  them,  by  which,  through  many  intermediate  sta- 
ges, they  might  attain  to  liberty  and  citizenship.8 
Those  who  followed  their  masters  to  war  were 
deemed  worthy  of  especial  confidence  ;  indeed, 
when  they  served  among  the  heavy-armed,  it  seems 
to  have  been  usual  to  give  them  their  liberty.  The 
dtGirooiovavrai,  by  whom  the  Spartan  fleet  was  al- 
most entirely  manned,  were  freedmen,  who  were 
allowed  to  dwell  where  they  pleased,  and  probably 
had  a  portion  of  land  allotted  them  by  the  state. 
After  they  had  been  in  possession  of  their  liberty 
for  some  time,  they  appear  to  have  been  called  veo- 
dapiodeic,3  the  number  of  whom  soon  came  near  to 
that  of  the  citizens.  The  /zodavec.  or  /zottaKec.  (as 
their  name  implies)  were  also  emancipated  Helots  ; 
their  descendants,  too,  must  have  received  the 
rights  of  citizenship,  as  Callicratidas,  Lysander,  and 
Gylippus  were  of  Mothacic  origin.*  We  cannot 
suppose  that  they  passed  necessarily  and  of  course 
into  the  full  Spartan  franchise  ;  it  is  much  more 
probable  that  at  Sparta,  as  at  Athens,  intermarriage 
with  citizens  might  at  last  entirely  obliterate  the 
badge  of  former  servitude. 

The  perioeci  are  not  to  be  considered  as  a  sub- 
ject class,  but  rather  as  a  distinct  people,  separa- 
ted by  their  customs  as  well  as  by  their  origin  from 
the  genuine  Spartans.  It  seems  unlikely  that  they 
were  admitted  to  vote  in  the  Spartan  assembly ; 
yet  they  undoubtedly  possessed  civil  rights  in  the 
communities  to  which  they  belonged,5  and  which 
would  hardly  have  been  called  nb'keic.  unless  they 
had  been  in  some  sense  independent  bodies.  In 
the  army  they  commonly  served  as  hoplites,  and 
we  find  the  command  at  sea  intrusted  to  one  of  this 
class.6  In  respect  of  political  rights,  the  perioeci 
were  in  the  same  condition  with  the  plebeians  in 
the  early  history  of  Rome,  although  in  every  other 
respect  far  better  off,  as  they  participated  in  the  di- 
vision of  lands,  and  enjoyed  the  exclusive  privilege 
of  engaging  in  trade  and  commerce. 

What  confirms  the  view  here  taken  is  the  fact 
that,  as  far  as  we  know,  no  individual  of  this  class 
was  ever  raised  to  participate  in  Spartan  privileges. 

Nothing,  however,  can  be  more  erroneous  than 

1.  (Pol.,  vii.,  4.— Nic.  Eth.,  ix.,  10.)— 2.  (Muller,  Dorians, 
ni.,  3,  $  5.)— 3.  (Thucyd.,  vii.,  58.)— 4.  (Muller,  Dorians,  ii.,  3, 
*  6.)— 5.  (Muller,  Dorians,  iii.,  2,  $  4.)— 6.  (Thucyd.,  viii.,  22.) 
260 


to  look  upon  them  as  an  oppressed  race.  Eve* 
their  exclusion  from  the  assembly  cannot  be  view- 
ed in  this  light ;  for,  had  they  possessed  the  privi- 
lege, their  residence  in  the  country  would  have  de- 
barred them  from  its  exercise.  It  only  remains  to 
consider  in  what  the  superiority  of  the  genuine 
Spartan  may  have  consisted.  In  the  first  place, 
besides  the  right  of  voting  in  the  assembly  and  be- 
coming a  candidate  for  the  magistracies,  he  was 
possessed  of  lands  and  slaves,  and  was  thus  ex 
empt  from  all  care  about  the  necessaries  of  life . 
secondly,  on  the  field  -of  battle  he  always  server 
among  the  hoplites;  thirdly,  he  participated  in  tb 
Spartan  education,  and  in  all  other  Dorian  institr, 
tions,  both  civil  and  religious.  The  reluctant. 
which  Sparta  showed  to  admit  foreigners  was  prt 
portioned  to  the  value  of  these  privileges  :  indeee 
Herodotus1  says  that  Sparta  had  only  conferred  tin 
full  franchise  in  two  instances.  In  legal  rights  al 
Spartans  were  equal ;  but  there  were  yet  several 
gradations,  which,  when  once  formed,  retained  then 
hold  on  the  aristocratic  feelings  of  the  people.' 
First,  as  we  should  naturally  expect,  there  was  the 
dignity  of  the  Heraclide  families ;  and,  connected 
with  this,  a  certain  pre-eminence  of  the  Hyllean 
tribe.  Another  distinction  was  that  between  the 
ofiotoi  and  vnopeiovec,  which  in  later  times  appears 
to  have  been  considerable.  The  latter  term  proba- 
bly comprehended  those  citizens  who,  from  degen- 
eracy of  manners  or  other  causes,  had  undergone 
some  kind  of  civil  degradation.  To  these  the  bjioioi 
were  opposed,  although  it  is  not  certain  in  what  the 
precise  difference  consisted.  It  need  hardly  be  add- 
ed, that  at  Sparta,  as  elsewhere,  the  union  of  wealth 
with  birth  always  gave  a  sort  of  adventitious  rank 
to  its  possessor. 

All  the  Spartan  citizens  were  included  in  the 
three  tribes,  Hylleans,  Dymanes  or  Dymanatae,  and 
Pamphilians,  each  of  which  were  divided  into  ten 
obes  or  phratries.  Under  these  obes  there  must, 
undoubtedly  have  been  contained  some  lesser  sub- 
division, which  Muller,  with  great  probability,  sup- 
poses to  have  been  termed  rpiatcdg.  The  citizens 
of  Sparta,  as  of  most  oligarchical  states,  were  land- 
owners, although  this  does  not  seem  to  have  been 
looked  upon  as  an  essential  of  citizenship. 

It  would  exceed  the  limits  of  this  work  to  give 
an  account  of  the  Grecian  constitutions,  except  so 
far  as  may  illustrate  the  rights  of  citizenship.  What 
perversions  in  the  form  of  government,  according 
to  Greek  ideas,  were  sufficient  to  destroy  the  es- 
sential notion  of  a  citizen,  is  a  question  which,  fol- 
lowing Aristotle's  example,3  we  may  be  content  to 
leave  undecided.  He  who,  being  personally  free, 
enjoyed  the  fullest  political  privileges,  participated 
in  the  assembly  and  courts  of  judicature,  was  eli- 
gible to  the  highest  offices,  and  received  all  this  by 
inheritance  from  his  ancestors,  most  entirely  satis- 
fied the  idea  which  the  Greeks  expressed  in  the 
word  -Kokirtiq. 

CI'VITAS  (ROMAN).  Civitas  means  the  whole 
body  of  cives  or  members  of  any  given  state.  It  is 
defined  by  Cicero*  to  be  "concilium  coetusque  hom- 
inum  jure  sociati."  A  civitas  is,  therefore,  properly 
a  political  community,  sovereign  and  independent. 
The  word  civitas  is  frequently  used  by  the  Roman 
writers  to  express  the  rights  of  a  Roman  citizen,  as 
distinguished  from  those  of  other  persons  not  Ro- 
man citizens,  as  in  the  phrases  dare  civitatcm,  dona- 
re  civitate,  usurpare  civitatem. 

If  we  attempt  to  distinguish  the  members  of  any 
given  civitas  from  all  other  people  in  the  world,  we 
can  only  do  it  by  enumerating  all  the  rights  and 
duties  of  a  member  of  this  civitas,  which  are  not 

1.  (ix.,  35.)— 2.  (Muller,  Dorians,  iii    c  5,  $  7.)—  3.  (Pol.,  ib 
5.) — 4.  (Somn.  Scip.,  c.  3.) 


CIVITAS. 


CIVITAS. 


rights  and  duties  of  a  person  who  is  not  a  member 
of  this  civitas.  If  any  rights  and  duties  which  be- 
long to  a  member  of  this  civitas,  and  do  not  belong 
to  any  person  not  a  member  of  this  civitas,  are 
omitted  in  the  enumeration,  it  is  an  incomplete 
enumeration ;  for  the  rights  and  duties  not  express- 
ly included  must  be  assumed  as  common  to  the 
members  of  this  civitas  and  to  all  the  world.  Hav- 
ing enumerated  all  the  characteristics  of  the  mem- 
bers of  any  given  civitas,  we  have  then  to  show 
how  a  man  acquires  them,  and  the  notion  of  a 
member  of  such  civitas  is  then  complete. 

Some  members  of  a  political  community  (cives) 
may  have  more  political  rights  than  others  ;  a  prin- 
ciple by  the  aid  of  which  Savigny1  has  expressed 
briefly  and  clearly  the  distinction  between  the  two 
great  classes  of  Roman  citizens  under  the  Repub- 
lic :  "  In  the  free  Republic  there  were  two  classes 
of  Roman  citizens,  one  that  had,  and  another  that 
had  not,  a  share  in  the  sovereign  power  (optimo 
jure,  non  optimo  jure  cives).  That  which  peculiarly 
distinguished  the  higher  class  was  the  right  to  vote 
in  a  tribe,  and  the  capacity  of  enjoying  magistracy 
(suffragium  ct  honores)."  According  to  this  view, 
the  jus  civitatis  comprehended  that  which  the  Ro- 
mans called  jus  publicum,  and  also,  and  most  par- 
ticularly, that  which  they  called  jus  privatum.  The 
jus  privatum  comprehended  the  jus  connubii  and 
jus  co'mmercii,  and  those  who  had  not  these  had 
no  citizenship.  Those  who  had  the  jus  suffra- 
giorum  and  jus  honorum  had  the  complete  citizen- 
ship, or,  in  other  words,  they  were  optimo  jure 
<?ives.  Those  who  had  the  privatum,  but  not  the 
publicum  jus,  were  citizens,  though  citizens  of  an 
inferior  class.  The  jus  privatum  seems  to  be  equiv- 
alent to  the  jus  Quiritium,  and  the  civitas  Romana 
to  the  jus  publicum.  Accordingly,  we  sometimes 
5nd  the  jus  Quiritium  contrasted  with  the  Romana 
civitas.2  Livy'  says  that,  until  B.C.  188,  the  For- 
oiiani,  Fundani,  and  Arpinates  had  the  civitas  with- 
out the  suffragium. 

Ulpian*  has  stated,  with  great  clearness,  a  distinc- 
tion, as  existing  in  his  time  among  the  free  persons 
who  were  within  the  political  limits  of  the  Roman 
state,  which  it  is  of  great  importance  to  apprehend 
clearly.  The  distinction  probably  existed  in  an 
early  period  of  the  Roman  state,  and  certainly  ob- 
tained in  the  time  of  Cicero.  There  were  three 
classes  of  such  persons,  namely,  cives,  Latini,  and 
peregrini.  Gaius5  points  to  the  same  division  where 
he  says  that  a  slave,  when  made  free,  might  be- 
come a  civis  Romanus  or  a  Latinus,  or  might  be  in 
the  number  of  the  peregrini  dediticii,  according  to 
circumstances.  Civis,  according  to  Ulpian,  is  he 
who  possesses  the  complete  rights  of  a  Roman  citi- 
zen. Pcregrinus  was  incapable  of  exercising  the 
rights  of  commercium  and  connubium,  which  were 
the  characteristic  rights  of  a  Roman  citizen  ;  but 
he  had  a  capacity  for  making  all  kinds  of  contracts 
which  were  allowable  by  the  jus  gentium.  The 
Latinus  was  in  an  intermediate  state  ;  he  had  not 
the  connubium,  and,  consequently,  had  not  the 
oatria  potestas,  nor  rights  of  agnatio ;  but  he  had  the 
commercium,  or  the  right  of  acquiring  quiritarian 
ownership,  and  he  had  also  a  capacity  for  all  acts 
incident  to  quiritarian  ownership,  as  vindicatio,  in 
jure  cessio,  mancipatio,  and  testamenti  factio, 
which  last  comprises  the  power  of  making  a  will  in 
Roman  form,  and  of  becoming  heres  under  a  will. 
These  were  the  general  capacities  of  a  Latinus  and 
peregrinus ;  but  a  Latinus  or  a  peregrinus  might 
obtain  by  special  favour  certain  rights  which  he  had 
not  by  virtue  of  his  condition  only.     The  legitima 

I.  (Geschichte  des  Rdm.  Rechts  im  Mittelalter,  c.  ii.,  p.  22.) 
—2.  (Plin.,  Eo.,  x.,  4.  22  - -Ulp.,  Fra?.,  tit.  3,  t>  2.)— 3.  (xxxviii., 
%6.)— 4.  (Frag.,  tit.  5,  *4;   l'-U  4  ;  20,  ft  8  ;  11,  d  6.)— 5   (:.,  12.) 


hereditas  was  not  included  in  the  testamenti  factn*. 
for  the  legitima  hereditas  presupposed  agnatio,  and 
agnatio  presupposed  connubium. 

According  to  Savigny,  the  notion  of  civis  and 
civitas  had  its  origin  in  the  union  of  the  patricii  and 
the  plebes  as  one  state.  The  peregrinitas,  in  the 
sense  above  stated,  originated  in  thp  conquest  of  a 
state  by  the  Romans,  when  the  conquered  state  did 
not  obtain  the  civitas ;  and  he  conjectures  that  the 
notion  of  peregrinitas  was  applied  originally  to  all 
eitizens  of  foreign  spates  who  had  a  fcedus  with 
Rome. 

The  rights  of  a  Roman  citizen  were  acquired  in 
several  ways,  but  most  commonly  by  a  person  being 
born  of  parents  who  were  Roman  citizens.  A  pa- 
ter familias,  a  filius  familias,  a  mater  familias,  and 
filia  familias,  were  all  Roman  citizens,  though  the 
first  only  was  sui  juris,  and  the  rest  were  not  If  a 
Roman  citizen  married  a  Latina  or  a  peregrina,  be- 
lieving her  to  be  a  Roman  citizen,  and  begot  a  child, 
this  child  was  not  in  the  power  of  his  father,  be- 
cause it  was  not  a  Roman  citizen ;  but  the  child 
was  either  a  Latinus  or  a  peregrinus,  according  to 
the  condition  of  his  mother;  and  no  child  followed 
the  condition  of  his  father  unless  there  was  connu- 
bium between  his  father  and  mother.  By  a  sena- 
tus  consultum,  the  parents  were  allowed  to  prove 
their  mistake  (causarn  crroris  probare) ;  and,  on  this 
being  done,  both  the  mother  and  th£  child  became 
Roman  citizens,  and,  as  a  consequence,  the  son 
was  in  the  power  of  the  father.1  Other  cases  rela- 
ting to  the  matter,  called  causae  probatio,  are  stated 
by  Gaius,8  from  which  it  appears  that  the  facilities 
for  obtaining  the  Roman  civitas  were  gradually  ex- 
tended.3 

A  slave  might  obtain  the  civitas  by  manumis- 
sion (vindicta),  by  the  census,  and  by  a  testan^n 
turn,  if  there  was  no  legal  impediment ;  but  it  de- 
pended on  circumstances,  as  already  stated,  whet'o- 
er  he  became  a  civis  Romanus,  a  Latinus,  or  in 
the  number  of  the  peregrini  dediticii.  (Vid.  Man- 
umissio.) 

The  civitas  could  be  conferred  on  a  foreigner  by 
a  lex,  as  in  the  case  of  Archias,  who  was  a  civis  of 
Heraclea,  a  civitas  which  had  a  fcedus  with  Rome, 
and  who  claimed  the  civitas  Romana  under  the  pro- 
visions of  a  lex  of  Silvanus  and  Carbo,  B.C.  89.*    By 
the  provisions  of  this  lex,  the  person  who  chose  to 
take  the  benefit  of  it  was  required,  within  sixty 
days  after  the  passing  of  the  lex,  to  signify  to  the 
praetor  his  wish  and  consent  to  accept  the  civitas 
(profiteri).     Cicero6  speaks  of  the  civitas  being  giv- 
en to  all  the  Neapolitani ;  and  in  the  oration  Pro 
Balbo6  he  alludes  to  the  Julian  lex  (B.C.  90),  by 
which  the  civitas  was  given  to  the  socii  and  Latini ; 
and  he  remarks  that  a  great  number  of  the  people 
of  Heraclea  and  Neapolis  made  opposition  to  this 
measure,  preferring  their  former  relation  to  Rome 
as  civitates  foederatae   (faderis   sui  libertatem)  to 
the  Romana  civitas.      The  lex  of  Silvanus  and 
Carbo  seems  to  have  been  intended  to  supply  a  de- 
fect in  the  Julia  lex,  and  to  give  the  civitas,  under 
certain  limitations,  to  foreigners  who  were  citizens 
of  fcederate  states  {fcederalis  civitatibus  adscriptt) 
Thus  the  great  mass  of  the  Italians  obtained  the 
civitas,  and  the  privileges  of  the  former  civitates 
foederatae  were  extended  to  the  provinces,  first  to 
part  of  Gaul,  and  then  to  Sicily,  under  the  name  of 
Jus  Latii  or  Latinitas.     This  Latinitas  gave  a  man 
the  right  of  acquiring  the  Roman  citizenship  by- 
having  exercised  a  magistratus  in  his  own  civi- 
tas ;  a  privilege  which  belonged  to  the  foederatae 
civitates  of  Italy  before  they  obtained  the  Roman 


1.  (Gaius,  i.,  67.)— 2   (i.,  29,  &c. ;  i  ,  66,  &c.)— 3.  (See  alt« 
Uipiun,    Fragm.,   tit.  3,  "  De  Latinis.")— 4.   (Cic,  Pro  Arch. 
4.)— 5.  (Ep.  ad  Fam.,  liii.,  30.)— 6.  (c.  7.) 

2fil 


CLAVIS. 


CLAVIS 


civitas.  It  probably  also  included  the  Latinitas  of 
Ulpian,  that  is,  the  commercium  or  individual  privi- 
lege.1 

With  the  establishment  of  the  imperial  power, 
the  political  rights  of  Roman  citizens  became  in- 
significant, and  the  commercium  and  the  more  easy 
acquisition  of  the  rights  of  citizenship  were  the 
only  parts  of  the  civitas  that  were  valuable.  The 
constitution  of  Antoninus  Caracalla,  which  gave  the 
civitas  to  all  the  Roman  world,  applied  only  to  com- 
munities, and  not  to  individuals  ;  its  effect  was  to 
make  all  the  cities  in  the  empire  municipia,  and  all 
Latini  into  cives.  The  distinction  of  cives  and  La- 
tini,  from  this  time  forward,  only  applied  to  individ- 
uals, namely,  to  freedmen  and  their  children.  The 
peregrinitas,  in  like  manner,  ceased  to  be  applica- 
ble to  communities,  and  only  existed  in  the  dedi- 
ticii  as  a  class  of  individuals.  The  legislation  of 
Justinian  finally  put  an  end  to  what  remained  of 
this  ancient  division  into  classes,  and  the  only  di- 
vision of  persons  was  into  subjects  of  the  Cassar 
and  slaves. 

The  origin  of  the  Latinitas  of  Ulpian  is  referred 
by  Savigny,  by  an  ingenious  conjecture,  to  the 
year  B.C.  209,  when  eighteen  of  the  thirty  Latin 
colonies  remained  true  to  Rome  in  their  struggle 
against  Hannibal,  while  twelve  refused  their  aid. 
The  disloyal  colonies  were  punished ;  and  it.  is  a 
conjecture  of  £avigny,  and,  though  only  a  conjec- 
ture, one  supported  by  strong  reasons,  that  the 
eighteen  loyal  colonies  received  the  commercium 
as  the  reward  of  their  loyalty,  and  that  they  are  the 
origin  of  the  Latinitas  of  Ulpian.  This  conjecture 
renders  intelligible  the  passage  in  Cicero's  oration,2 
in  which  he  speaks  of  nexum  and  hereditas  as  the 
rights  of  the  twelve  (eighteen  1)  colonies. 

The  word  civitas  is  often  used  by  the  Roman 
writers  to  express  any  political  community,  as  Civ- 
itas Antiochiensium,  &c. 

(Savigny,  Zeitschrift,  v.,  &c,  Ueber  die  Entste- 
hung,  &c,  der  Latinit'dt ;  Heinecc,  Syntagma,  ed. 
Haubold,  Epicrisis  ;  Rosshirt,  Grundlinien  des  Rom. 
Rechts,  Einleitung ;  and  vid.  Banishment,  and  Ca- 
put.) 

CLARTGA'TIO.     (Vid.  Fetiales.) 

CLASSES.     (Vid.  Caput,  Comitia.) 

CLA'SSICUM.     (Vid.  Coenu.) 

CLAVA'RIUM.     (Vid.  Clavus.) 

CLAVIS  (kIclc,  dim.  nheidiov),  a  Key.  The  key 
was  used  in  very  early  times,  and  was  probably 
introduced  into  Greece  from  Egypt ;  although  Eu- 
stathius3  states  that  in  early  times  all  fastenings 
were  made  by  chains,  and  that  keys  were  compar- 
atively of  a  much  later  invention,  which  invention 
he  attributes  to  the  Laconians.  Pliny4  records  the 
name  of  Theodoras  of  Samos  as  the  inventor,  the 
person  to  whom  the  art  of  fusing  bronze  and  iron  is 
ascribed  by  Pausanias.     (Vid.  Bronze,  p.  178  ) 

We  have  no  evidence  regarding  the  materials  of 
which  the  Greeks  made  their  keys,  but  among  the 
Romans  the  larger  and  coarser  sort  were  made 
of  iron.  Those  discovered  at  Pompeii  and  else- 
where are  mostly  of  bronze,  which  we  may  assume 
to  be  of  a  better  description,  such  as  were  kept  by 
the  mistress  (matrona)  of  the  household.  In  ages 
still  later,  gold  and  even  wood  are  mentioned  as 
materials  from  which  keys  were  made.5 

Among  the  Romans  the  key  of  the  house  was 
consigned  to  the  porter  (janitor6),  and  the  keys  of 
the  other  departments  in  the  household  to  the  slave 
upon  whom  the  care  of  each  department  devolved,7 

1.  (Strab.,  v.,  187,  ed.  C&saub.)  — 2.  (Pro  Caecina,  35.)  — 3. 
(ad  Horn.,  Od.,  ix.)—4.  (H.  N.,  vii.,  57.)— 5.  (Augustin.,  De 
Doctrin.  Christ.,  iv.,  2.) — 6.  (Apuleius,  Met.,  i.,  p.  53,  ed. 
Oudendorp. — Chrysost.,  Sern  ,  172.) — 7.  (Senec,  De  Ira,  ii., 
25.) 

2C2 


upon  a  knowledge  of  wnich  custom  the  point  of  trm 
epigram  in  Martial1  turns. 

When  a  Roman  woman  first  entered  her  hus- 
band's house  after  marriage,  the  keys,  of  the  stores 
were  consigned  to  her.  Hence,  when  a  wife  was 
divorced,  the  keys  were  taken  from  her;2  and  when 
she  separated  from  her  husband,  she  sent  him  back 
the  keys.3  The  keys  of  the  wine-cellar  were,  how- 
ever, not  given  to  the  wife,  according  to  Pliny,*  who 
relates  a  story,  upon  the  authority  of  Fabius  Pictor, 
of  a  married  woman  being  starved  to  death  by  her 
relatives  for  having  picked  the  lock  of  the  closet  in 
which  the  keys  of  the  cellar  were  kept. 

The  annexed  woodcut  represents  a  key  found  at 
Pompeii,  and  now  preserved  in  the  Museum  at  Na- 
ples, the  size  of  which  indicates  that  it  was  used  as 
a  door-key.  The  tongue,  with  an  eye  in  it,  which 
projects  from  the  extremity  of  the  handle,  served  to 
suspend  it  from  the  porter's  waist. 


w«« 


The  expression  sub  clavi  esse5  corresponds  with 
the  English  one,  "  to  be  under  lock  and  key ;"  but 
clavis  is  sometimes  used  by  the  Latin  authors  to 
signify  the  bolt  it  shoots.6 

The  city  gates  were  locked  by  keys,7  like  those 
of  our  own  towns  during  the  Middle  Ages. 

Another  sort  of  key,  or,  rather,  a  key  fitting  an 
other  sort  of  lock,  which  Plautus  calls  clavis  Laco- 
nical is  supposed  to  have  been  used  with  locks  which 
could  only  be  opened  from  the  inside,  such  as  are 
stated  to  have  been  originally  in  use  ameng  the 
Egyptians  and  Laconians  (oi)  yap,  ug  vvv,  enroc  jjoav 
at  nXeidec,  uXk'  evdov  to  TraXacov  7rap'  AiyvTrriotc, 
Kal  AaKocFi9).  These  are  termed  nXecdla  Kpvrtrd  by 
Aristophanes,10  because  they  were  not  visible  on  the 
outside,  and  in  the  singular,  clausa  clavis,  by  Vir- 
gil ;"  but  the  reading  in  this  passage  is  very  doubt- 
ful.12 Other  writers  consider  the  KTietdia  Kpvnrd 
and  claves  Laconica  to  be  false  keys,  such  as  we 
now  call  "  skeletons,"  and  the  Romans,  in  familiar 
language,  adulterina.  ,-13  wherein  consists  the  wit  of 
the  allusion  in  Ovid, 

"  Nomine  cumdoceat,  quid  agamus,  adultera  clavis"1* 
The  next  woodcut  represents  one  of  two  similar- 
ly formed  keys,  which  were  discovered  in  Holland, 
and  published  by  Lipsius.15  It  has  no  handle  to  act 
as  a  lever,  and,  therefore,  could  not  have  been  made 


for  a  lock  with  wards,  which  cannot  be  turned  with- 
out a  certain  application  of  force  ;  but,  by  inserting 
the  thumb  or  forefinger  into  the  ring,  it  would  be  am- 
ply sufficient  to  raise  a  latch  or  push  back  a  bolt : 
and  thus  one  sort,  at  least,  of  the  keys  termed  Kpvrr- 
rai  seems  to  be  identified  with  the  "  latch-keys"  in 
use  among  us  ;  for,  when  placed  in  the  keyhole 
(clavi  immittendee  foramen16),  it  would  be  almost  en- 

1.  (v.,  35.)— 2.  (Cic,  Philipp.,  ii.,  28.)— 3.  (Ambros.,  Epist., 
vi.,  3.)— 4.  (H.  N.,  xiv.,  14.)— 5.  (Varro,  De  Re  Rust.,  i.,  22.)— 
6.  (Tibull.,  I.,  vi.,  34;  II.,  iv.,  31.)— 7.  (Liv.,  xxvii.,  24.)  — 8. 
(Most.,  II.,  i.,  57.)— 9.  (Theon.  ad  Aratum,  192.)  -  10.  (Thes- 
moph.,421,  ed.  Brunck.)  —  11.  (Moret.,  15.)  — 12.  (Ileyne,  ad 
loc.)  — 13.  (Sail.,  Jugurth.,  12.)  —  14.  (Art.  Amat.,  iii.,  643.)- 
15.  (Excurs.  ad  Tac.,  Ann.,  ii.,  2.)— 16.  (Apul.,  iv.,  p.  259,  ed 
Oudendorp.) 


jlavus. 


CLAVUS  GUEERNACULI. 


•irely  ouried  in  it,  the  ring  only,  which  lies  at  right 
angles  to  the  wards,  and  that  scarcely,  being  visible 
without. 

CLAVUS  (f]1oc,  y6fj.(j>og),  a  Nail.  In  the  subterra- 
ueous  chamber  at  Mycenae,1  supposed  to  be  the 
treasury  of  Atreus,  \  view  of  which  is  given  in  Sir 
W.  Gell's  Itinerary  of  Greece  (plate  vi.),  the  stones 
of  which  the  cylindrical  dome  is  constructed  are 
perforated  by  regular  series  of  bronze  nails,  running 
in  perpendicular  rows,  and  at  equal  distances,  from 
the  top  to  the  bottom  of  the  vault.  It  is  supposed 
that  they  served  to  attach  thin  plates  of  the  same 
metal  to  the  masonry,  as  a  coating  for  the  interior 
af  the  chamber  ;  and  hence  it  is  that  these  subter- 
ranean works,  which  served  for  prisons  as  well  as 
treasuries,  like  the  one  in  which  Danae  is  said  to 
have  been  confined,  were  called  by  the  poets  brazen 
chambers.3  Two  of  these  nails  are  represented  in 
the  annexed  woodcut,  of  two  thirds  the  real  size  ; 
they  consist  of  88  parts  of  copper  to  12  of  tin. 


The  writer  was  present  at  the  opening  of  an 
Etruscan  tomb  at  Csere,  in  the  year  1836,  which  had 
never  been  entered  since  the  day  it  was  closed  up. 
The  masonry  of  which  it  was  constructed  was 
studded  with  nails  exactly  similar  in  make  and  ma- 
terial to  those  given  above,  upon  which  were  hung 
valuable  ornaments  in  gold  and  silver,  entombed, 
according  to  custom,  with  their  deceased  owner. 

Nails  of  this  description  were  termed  trabales  and 
tabulares3  by  the  Romans,  because  they  were  used, 
in  building,  to  join  the  larger  beams  (trabes)  together. 
Hence  the  allusion  of  Cicero.*  "  Ut  hoc  beneficium 
clavo  trabali  figeret;"  and  Horace  arms  Necessitas 
with  a  nail  of  the  same  kind,6  or  of  adamant,6 
wherewith  to  rivet,  as  it  were,  irrevocably  the  de- 
crees of  Fortune.  Thus  Atropos  is  represented  in 
the  subjoined  woodcut,  taken  from  a  cup  found  at 


Peiugia,  upon  which  the  story  of  Meleager  and  At 
aianta  is  imbodied,7  with  a 


hammer  in  her  right 


aidiua  is  iiuuuuieu,'    whii  a  naininer  m  uei   ugnt 

1.  (Paus.,  ii.,  16.  *>  5.)  — 2.  (Hor.,  Carm.,  III.,  xvi.,  1.)— 3. 
Matron  ,  75.)— 4.  (Verr.,  vi.,  21.)— 5.  (Carm.,I.,xtxv.,  18.)— 6. 
id.,  III.,  xxiv..  5  ) — 7.  (Veriniglioli,  Antic.  Inscrii   di  Perngia, 
(..a  '.  p.  43.) 


hand,  driving  a  nail  which  she  holds  against  tha 
wall  with  her  left. 

The  next  cut  represents  a  nail  of  Roman  work- 
manship,1 which  is  highly  ornamented  and  very  cu- 
rious. Two  of  its  faces  are  given,  but  the  pattern 
varies  on  each  of  the  four. 


It  is  difficult  to  say  to  what  use  this  nail  was  ap 
plied.  The  ornamented  head  shows  that  it  was 
never  intended  to  be  driven  by  the  hammer ;  nor 
would  any  part  but  the  mere  point,  which  alone  is 
plain  and  round,  have  been  inserted  into  any  extra 
neous  material.  It  might  possibly  have  been  used 
for  the  hair,  in  the  manner  represented  in  the  wood- 
cut on  page  21. 

Bronze  nails  were  used  in  ship-building,2  and  to 
ornament  doors,  e.s  exhibited  in  those  of  the  Pan- 
theon at  Rome  ;  in  which  case  the  head  of  the  nail 
was  called  bulla,  and  richly  ornamented,  of  which 
specimens  are  given  at  page  181. 

The  soles  of  the  shoes  worn  by  the  Roman  sol- 
dier were  also  studded  with  nails,  thence  called 
"  clavi  caligarii."  (Vid.  Caliga).  These  do  not 
appear  to  have  been  hob-nails,  for  the  purpose  of 
making  the  sole  durable,  but  sharp-pointed  ones, 
in  order  to  give  the  wearer  a  firmer  footing  on  the 
ground ;  for  so  they  are  described  by  Joseph  us,3 
'Yirod?i{j,aTa  Treirapfieva  irvKvolg  nai  b^sccv  fyXoic.  The 
men  received  a  donative  for  the  purpose  of  provi- 
ding themselves  with  these  necessaries,  which  was 
thence  called  clavarium* 

CLAVUS  ANNA'LIS.  In  the  early  age3  of 
Rome,  when  letters  were  yet  scarcely  in  use,  the 
Romans  kept  a  reckoning  of  their  years  by  driving 
a  nail,  on  the  ides  of  each  September,  into  the  side 
wall  of  the  temple  of  Jupiter  Optimus  Maximus, 
which  ceremony  was  performed  by  the  praetor  Max- 
imus.* In  after  ages  this  practice  fell  into  disuse, 
though  the  ignorant  peasantry  seem  to  have  retain- 
ed the  custom,  as  a  method  of  marking  dates,  down 
to  a  very  late  period.6  Upon  some  occasions  a  dic- 
tator was  created  to  drive  the  nail ;  but  then  it  was 
not  for  the  mere  purpose  of  marking  the  year,  but 
from  a  superstitious  feeling  that  any  great  calamity, 
which  happened  at  the  time  to  afflict  the  city,  would 
be  stayed  if  the  usual  ceremony  was  performed  by 
another  than  the  usual  officer.7 

CLAVUS  GUBERNA'CULI,  the  handle  or  shaft 
of  a  rudder,8  which  Vitruvius9  appropriately  terms 
"  ansa  gubernaculi,  quod  oiat;  o.  Gratis  appellator." 
The  rudder  itself  is  gubernaculum  ;  in  Greek,  7tn6d- 
Alov.  Both  the  words  are  accurately  distinguished 
by  Virgil,10 

"  Ipse  gubernaculo  rector  subit,  ipse  magister, 
Hortaturque  viros,  clavumque  ad  littora  torquet,1 

and  by  Cicero.11     But  it  is  sometimes  used  for  the 
rudder  itself,  as,  for  instance,  by  Ennius : 

"  Ut  clavum  rectum  tenearn^  navemque  gubernem."1* 

Ola!;  is  also  used  in  both  senses,  and  in  the  same  ' 
way.13    The  true  meaning  or  the  word  will  be  un- 
derstood by  referring  to  the  woodcut  at  page  58  in 
which  a  ship  with  its  rudder  is  represented :  the 


1.  (Caylus,  Recueil  d'Antiq.,  torn,  v.,  pl.96.)— 2.  (Veget.,iv., 
34.)— 3.  (Bell.  Jud.,VL,  i.,  7.)— 4.  (Tacit.,  Hist.,  iii.,  50.)—  5. 
(Festus,  s.  v.  Clav.  Annal. — Liv.,vii.,  3. — Cic.  ad  Att.,  v.,  15.) 
—6.  (Petron.,  c.  135  )  —7.  (Liv.,  vii.,  3  ;  viii.,  18  ;  ix.,  28.)— 8 
(Serv.  ad  Virg.,  JEa.,  v.,  177.)— 9.  (x.,  8.)— 10.  (JEn.,  v.,  176.) 
—11.  (Pro  Sext.,  9.)  —  12.  (Compare  Cic.  ad  Fam.,  ix..  15)— 
13.  (Thomas  Magist.,  s.  v.) 

263 


CLAVUS  LATUS. 


CLAVUS  LATUS 


pole  by  which  it  is  fastened  to  the  ship's  side  is  the 
davus.     (Vid.  Gubernaculum.) 

CLAVUS  LATUS,  CLAVUS  ANGUSTUS. 
The  meaning  of  these  words  has  given  rise  to  much 
difference  of  opinion  among  modern  writers.  Sca- 
liger1  considered  the  clavus  to  have  been  an  orna- 
ment detached  from  the  dress,  and  worn  round  the 
neck  like  a  bulla.  ( Vid.  Bulla.)  Ferrarius  suppo- 
sed it  to  be  a  scarf  or  band  thrown  over  the  shoul- 
ders, the  ends  of  which  hung  down  in  front.  Some 
writers  consider  it  to  have  been  a  round  boss  or 
buckle,  resembling  the  head  of  a  nail,  fastened  to 
the  front  part  of  the  tunic  which  covered  the  chest ; 
others  the  hem  of  the  dress,  either  at  the  edges  or  at 
the  bottom ;  and  others,  again,  the  dress  itself 
checkered  with  stripes  of  purple,  or  with  ornaments 
resembling  nails,  either  sewn  on  to,  or  woven  in,  the 
fabric,  such  as  in  modern  language  would  be  termed 
figured.2 

It  is  a  remarkable  circumstance,  that  not  one  of 
the  ancient  statues,  representing  persons  of  senato- 
rial consular,  or  equestrian  rank,  contain  the  slight- 
est trace  in  their  draperies  of  anything  resembling 
the  accessories  above  enumerated ;  some  indica- 
tions of  which  would  not  have  been  constantly  omit- 
ted, if  the  clavus  had  been  a  thing  of  substance  ei- 
ther affixed  to  the  dress  or  person.  But  if  it  form- 
ed only  a  distinction  of  colour,  without  producing 
any  alteration  in  the  form  or  mass  of  the  material 
wherewith  the  garment  was  made,  such  as  a  mere 
streak  of  purple  interwoven  in  the  fabric,  or  em- 
broidered or  sewed  on  it,  it  will  be  evident  to  any 
person  conversant  with  the  principles  of  art,  that, 
the  sculptor,  who  attends  only  to  form  and  mass, 
would  never  attempt  to  express  the  mere  accidents 
of  colour;  and,  consequently,  that  such  a  clavus 
would  not  be  represented  in  sculpture.  But  in  paint- 
ing, which  long  survived  the  sister  art,  we  do  find 
examples  in  some  works  executed  at  a  very  late  pe- 
riod, some  of  which  are  subsequently  inserted,  in 
which  an  ornament  like  the  clavus,  such  as  it  is  im- 
plied to  be  by  the  words  of  Horace,3  latum  demisit 
pectore  clavum,  seems  evidently  to  have  been  repre- 
sented. 

The  most  satisfactory  conclusion,  therefore,  seems 
to  be,  that  the  clavus  was  merely  a  band  of  purple 
colour,*  hence  called  lumen  purpura,5  either  sewed 
to  the  dress6  or  interwroven  in  the  fabric.7 

Clavus  Latus.  The  clavus  worn  by  the  Romans 
was  of  two  fashions,  one  broad  and  the  other  nar- 
row, denominated  respectively  clavus  latus  and  cla- 
vus angustus.s  The  vest  which  it  distinguished 
properly  and  originally  was  the  tunic  (vid.  Tunica), 
called  therefore  tunica  laticlavia  and  tunica  angusti- 
clavia  ;9  and  hence  the  word  clavus  is  sometimes 
used  separately  to  express  the  garment  itself.10  The 
former  was  a  distinctive  badge  of  the  senatorian 
order,11  and  hence  it  is  used  to  signify  the  senatorial 
dignity,12  and  laliclavius  for  the  person  who  enjoys 
it.13  It  consisted  in  a  single  broad  band  of  purple 
colour,  extending  perpendicularly  from  the  neck 
down  the  centre  of  the  tunic,  in  the  manner  repre- 
sented in  the  annexed  woodcut,  which  is  copied 
from  a  painting  of  Rome  personified,  formerly  be- 
longing to  the  Barberini  family,  the  execution  of 
'  which  is  of  a  very  late  period. 

The  position  of  the  band  in  the  centre  of  the  chest 
i  5  Alentified  with  the  latus  clavus,  because  ficaoirop- 

1.  (ad  Vaxron.,  De  Ling.  Lat.,  viii.) — 2.  (Ferrarius,  De  Re 
Vestiaria,  iii.,  12. — Rubenius,  Id.,  i.,  1 .)— 3.  (Sat.,  I.,  vi.,  28.) — 
4.  (Aero  in  Ilor.,  Sat.,  I.,  v.,  35,  "  Latum  clavum  purpuram  di- 
cU.")— 5.  (Stat.,  Sylv.,  IV.,  v.,  42.— Quintil.,  viii.,  5,  28.)— 6. 
(Hor.,  Ep.  ad  Pis.,  16.)— 7.  (Festus,  s.  v.  Clavat. — Quintil.,  1.  c. 
— Vetus  Lexicon  Grsec.  Latin.,  Tloptpvpa  tvvtyaonivri,  Clavus.- — 
flesych.,  Hapv(prj,  f/  iv  r<o  x'trwvt  Tioptyv  pa.) — 8.  (Pitisc,  Lex. 
Antiu.)— 9.  (Val.  Max.,  v.,  1,  7.)— 10.  (Suet.,  Jul.,  45.)  — 11. 
(Aero.,  1.  c— Ovid,  Trist.,  IV.,  x..  35.)— 12.  (Suet  Ti'>  •  35.— 
Vesjr  ,  2,  4.)— 13.  (Suet.,  Octav..  38.) 
264 


(pvpa,1  in  the  Septuagint,  is  translated  in  the  Vulgate 
tunica  clavata  purpura  ;  and  the  converse,  xlT^va 
nopQvpovv  fj.e(j6?,evKov*  is  thus  interpreted  by  Quin- 
tus  Curtius,8  "  Purpurea  tunica  medium  album  intcx- 
tum  erat."  In  distinction  to  the  angustus  clavus,  it 
is  termed  purpura  major*  purpura  latior,s  and  the 
garment  it  decorated,  tunica  potens,6  or  xLT^v  7r^a_ 
rvariiJ.oc.1 

The  tunica  laticlavia  was  not  fastened  round  the 
waist  like  the  common  tunic  which  is  worn  by  the 
centurion  (p.  231),  but  left  loose,  in  order  that  the 
clavus  might  lie  flat  and  conspicuously  over  the 
chest,8  which  accounts  for  the  allusion  of  Sylla, 
when  he  termed  Julius  Caesar  male  pracinctum  pu- 
erum ;  for  we  are  informed  by  Suetonius1  that  he 
was  the  cnly  person  ever  known  to  wear  a  girdle  to 
his  laticlave. 

It  seems  to  be  generally  admitted  that  the  latus 
clavus  was  not  worn  in  childhood,  that  is,  with  the 
toga  praetexta ;  but  it  is  not  so  clear  whether,  du- 
ring the  earlier  ages  of  the  Republic,  it  was  assumed 
with  the  toga  virilis,  or  only  upon  admission  into 
the  senate.  Probably  the  practice  was  different  at 
different  periods.10 

The  right  of  wearing  the  latus  clavus  was  also 
given  to  the  children  of  equestrians,11  at  least  in  the 
time  of  Augustus,  as  a  prelude  to  entering  the  sen- 
ate-house. This,  however,  was  a  matter  of  per- 
sonal indulgence,  and  not  of  individual  right ;  for  it 
was  granted  only  to  persons  of  very  ancient  family 
and  corresponding  wealth,12  and  then  by  special 
favour  of  the  emperor  13  In  such  cases  the  latus 
clavus  was  assumed  with  the  toga  virilis,  and  worn 
until  the  age  arrived  at  which  the  young  equestrian 
wras  admissible  into  the  senate,  when  it  was  relin 
quished  and  the  angustus  clavus  resumed,  if  a  dis- 
inclination on  his  part,  or  any  other  circumstances, 
prevented  him  from  entering  the  senate,  as  was  the? 
case  with  Ovid  :14 

"  Curia  restabat ;  clavi  mensura  coacta  est ; 
Majus  erat  nostris  viribus  illud  opiis." 

But  it  seems  that  the  latus  clavus  could  be  again 
resumed  if  the  same  individual  subsequently  wished 
to  become  a  senator,15  and  hence  a  fickle  charactei 
is  designated  as  one  who  is  always  changing  hi9 
clavus  :16 

1.  (Esai.,  iii.,  21.)— 2.  (Xen.,  Cyrop.,  viii.,  3.  y  13.)— 3.  (Ill 
iii.,  28.)— 4.  (Juv.,  Sat.,  i.,  106.)— 5.  (Plin.,  II.  N.,  xxxiii.,  7.] 
—6.  (Stat.,  Sylv.,  V.,  ii.,  29.)— 7.  (Diod.  Sic.,  Eclog.  36,  p.  535, 
ed.  Wesseling-.— Strab.,  iii.,  5,  p.  448,  ed.  Siebenk.) — 8.  (QuintiU 
xi.,  3,  138.)— 9.  (Jul.,  45.)— 10.  (Compare  Suet.,  Octav.,  38,  94.< 
—11.  (Ovid,  Trist.,  IV.,  x.,  29.)— 12.  (Stat.,  Sylv.,  iv.,  8,  59.- 
Dig.  24,  tit.  1,  s.  42.)— 13.  (Suet.,  Ve^p.,  2.— Tacit.,  Ann.,  xvi. 
17.— Plin.,  Epist.,  ii.,  9.)— 14.  (Compare  Trist.,  IV,  x  ,  27,  wit* 
35  }— 15.  (Hor.,  Sat.,  I.,  vi.,  25.)— 16.  iTIor  ,  Sat  .  II  ,  vii.,  10  r 


CLAVUS  ANGUSTUS. 


CLERUOJu. 


»4  Vixit  inaqualis,  clavum  mutabat  in  horas." 

The  latus  clavus  was  also  worn  by  the  priests  of 
Saturn  at  Canhage,1  and  by  the  priests  of  Hercules 
at  Cadiz  ;a  and  napkins  were  sometimes  so  decora- 
ted,3 as  well  as  table-cloths,  and  coverlets  (toralia) 
for  the  couches  upon  which  the  ancients  reclined  at 
their  meals.4 

The  latus  clavus  is  said  to  have  been  introduced 
dt  Rome  by  Tullus  Hostilius,  and  to  have  been 
adopted  by  him  after  his  conquest  of  the  Etrus- 
cans ;6  nor  does  it  appear  to  have  been  confined  to 
any  particular  class  during  the  earlier  periods,  but 
to  have  been  worn  by  all  ranks  promiscuously.6  It 
was  laid  aside  in  public  mourning.7 

Clavus  Angustds.  This  ornament  is  not  found, 
any  more  than  the  latus  clavus,  upon  any  of  the 
works  executed  before  the  decline  of  the  arts  ;  and 
therefore  the  same  difficulties  occur  in  attempting 
to  define  its  form  and  fashion.  That  it  was  nar- 
rower than  the  other  is  evident  from  the  name 
alone,  as  well  as  from  other  epithets  bestowed  upon 
it — "pauper  clavus,'"  "  arctum  purpura?  lumen;"9 
and  that  it  was  of  a  purple  colour,  attached  to  a  tu- 
nic girt  at  the  waist,  is  also  evident  from  the  pas- 
sages of  Statins  and  Quinctilian10  already  cited. 
There  is,  moreover,  leason  for  supposing  that  the 
angustus  clavus  consisted  in  two  narrow  stripes 
instead  of  one  broad  one ;  for  it  is  observed  that 
the  word  clavus  is  always  used  in  the  singular 
number  when  the  tunica  laticlavia  is  referred  to, 
whereas  the  plural  number  (clavi)  is  often  met  with 
in  reference  to  the  angusticlavia  ;  as  in  the  passage 
of  Quinctilian  just  mentioned,  purpura  is  applied  to 
the  former,  and  purpura  to  the  latter  of  these  gar- 
ments. It  seems,  therefore,  probable  that  the  an- 
gusticlave  was  distinguished  by  two  narrow  purple 
stripes,  running  parallel  to  each  other  from  the  top 
to  the  bottom  of  the  tunic,  one  from  each  shoulder, 
in  the  manner  represented  by  the  three  figures  in- 
troduced below,  all  of  which  are  taken  from  sepul- 
chral paintings  executed  subsequently  to  the  intro- 
duction of  Christianity  at  Rome.  The  female  figure 
on  the  left  hand,  which  is  copied  from  Buonarotti,11 
represents  the  goddess  Moneta,  and  she  wears  a 
regular  tunic.  The  one  on  the  right  hand  is  from 
a  cemetery  on  the  Via  Salara  Nova,  and  repre- 
sents Priscilla,  an  early  martyr ;  it  is  introduced 
;o  show  the  whole  extent  of  the  clavi ;  but  the 
Iress  she  wears  is  not  the  common  tunic,  but  of 
;he  kind  called  Dalmatica,  the  sleeves  of  which  are 
also  clavatee. 


The  next  figure  is  selected  from  three  of  a  sim- 
2ar   kind,  representing    Shadrach,  Meshach,   and 


I.  (Tertull.,  De  Pall.,  c.  4.)  — 2.  (Sil.  Ital.,  iii.,  27.)  — 3. 
(Mart..  Ep.,  IV.,  xlvi.,  17.— Petron.,  32.) — 4.  (Ainm.  Marcell., 
XV].,  viii.,  8.)— 5.  (Plin..  H.  N.,  ix.,  63.)-6.  (Plin.,  H.  N., 
rcriii.,  7.)— 7.  (Liv.,  ix.,  7.)— 8.  (Stat.,  Sylv.,  V.,  ii.,  18.)— 9. 
(Id.,  IV.,  v.,  42.)— 10.  (XL,  iii.,  138.)— 11.  (Osservaziom  sopra 
a]r:uni  Frammenti  di  Vasi  antichi  di  Vetro,  Tav.  xxix.,  fig   1.) 


Abednego,  from  the  tomb  of  Pope  Callisto  on  tho 
Via  Appia ;  all  three  wear  the  ordinary  tunic  girt 
at  the  waist,  as  indicated  by  Quinctilian,  but  with 
long  sleeves,  as  was  customary  under  the  Empire, 
and  the  stripes  are  painted  in  purple  ;  so  that  we 
may  fairly  consider  it  to  afford  a  correct  example 
of  the  tunica  angusticlavia. 


This  decoration  belonged  properly  to  the  eques- 
trian order  ,l  for,  though  the  children  of  equestrians, 
as  has  been  stated,  were  sometimes  honoured  by 
permission  to  wear  the  latus  clavus  at  an  early  age; 
they  were  obliged  to  lay  it  aside  if  they  did  not  en- 
ter the  senate  when  the  appointed  time  arrived, 
which  obligation  appears  to  have  been  lost  sight  of 
for  some  time  after  the  Augustan  period  ;  for  it  is 
stated  by  Lampridius3  that  Alexander  Severus  dis- 
tinguished the  equites  from  the  senatores  by  the 
character  of  their  clavus,  which  must  be  taken  as 
a  recurrence  to  the  ancient  practice,  and  not  an 
innovation  then  first  adopted. 

*CLEM'ATIS  or  CLEMATFTIS  (nA^aric,  kav- 
/ia.TiTi£),  a  species  of  plant,  commonly  identified 
with  the  Winter-green  or  Periwinkle.  Dioscorides1 
mentions  two  kinds  :  the  first  of  these  Sprengel 
refers  to  the  Periwinkle,  namely,  Vinca  major  or 
minor ;  the  other,  which  is  properly  called  KAefiari- 
tic,  he  is  disposed  to  follow  Sibthorp  in  referring  to 
the  Clematis  cirrhosa.  The  term  K?^uaTig  is  derived 
from  Kkfiiia,  "  a  tendril"  or  "  clasper,"  and  has  ref- 
erence to  the  climbing  habits  of  the  plant.  The 
epithets  da<f>voeidf/c.  ("  laurel-like")  and  afivpvoetdr/c. 
("  myrrh-like")  are  sometimes  given  to  the  KAtjfj.a- 
ric,  as  well  as  that  of  TiOAvyovoeiSi/c,  "resembling 
TzoAvyovov,  or  Knot-grass."*  Pliny  derives  the  Latin 
name  vinca  from  vincire,  "to  bind"  or  "encom- 
pass," in  allusion  to  the  Winter-green's  encircling 
or  twining  around  trees.5  The  same  writer  alludes 
to  various  medical  uses  of  this  plant,  in  cases  of 
dysentery,  fluxions  of  the  eyes,  heemorrhoides,  the 
bite  of  serpents.  &c.  It  is  found  sometimes  with 
white  flowers,  less  frequently  with  red  or  purple 
ones.6  The  name  of  this  plant  in  modern  Greece 
is  aypLolirCa.     Sibthorp  found  it  in  Elis  and  Argolis. ' 

CLEPSYDRA.     (Vid.  Horologium.) 

CLERU'CHI  (KArjpovxot).  Athenian  citizens  who 
occupied  conquered  lands  were  termed  KAqpo-oxot., 
and  their  possession  nArjpovxia.  The  earliest  ex- 
ample to  which  the  term,  in  its  strict  sense,  is  ap- 
plicable, is  the  occupation  of  the  domains  of  the 
Chalcidian  knights  (LivKoCoraL)  by  four  thousand 
Athenian  citizens,  B.C.  b06.8 

In  assigning  a  date  to  the  commencement  of  this 
system  of  colonization,  we  must  remember  that  the 
principle  of  a  division  of  conquered  land  had  exist- 
ed from  time  immemorial  in  the  Grecian  states. 
Nature  herself  seemed  to  intend  that  the  Greek 
should  rule  and  the  barbarian  obey  ;  and  hence,  in 
the  case  of  the  barbarian,  it  wore  no  appearance  of 


1.  (Paterc,  ii.,  88.— Lamprid.,  Alex.  Sev.,  27.)— 2.  (L  a— 3 
(iv.,  7.) — 4.  (Dioscor.,  1.  c  — Billerbeck,  Flora  Classica,  p.  60  ) 
5.  (H.  N..  xxi.,  27.— Apul.,  De  Herb  .  58.)— 6.  (Billerbeck,  l.c  J 
—7.  (Billerbeck,  I.  c.)— S    (Herod.,  v.,  77.) 

265 


CLERUCHI. 


CLETERES 


Harshness.  Such  a  system,  however,  was  more 
rare  between  Greek  and  Greek.  Yet  the  D<  rians, 
in  their  conquest  of  the  Peloponnese,  and  still  more 
remarkably  in  the  subjugation  of  Messenia,  had  set 
an  example.  In  what,  then,  did  the  Athenian  nln- 
povxicu  differ  from  this  division  of  territory,  or  from 
the  ancient  colonies'?  In  the  first  place,  the  name, 
in  its  technical  sense,  was  of  later  date,  and  the 
Greek  would  not  have  spoken  of  the  Kk-qpovxiai  of 
Lycurgus,  anymore  than  the  Roman  of  the  "  Agra- 
rian laws"  of  Romulus  or  Ancus.  Secondly,  we 
should  remember  that  the  term  was  always  used 
with  a  reference  to  the  original  allotment :  as  the 
lands  were  devised  or  transferred,  and  the  idea  of 
the  first  division  lost  sight  of,  it  would  gradually 
cease  to  be  applied.  The  distinction,  however,  be- 
tween fclripovxoi  and  ukoikol  was  not  merely  one 
of  words,  but  of  things.  The  only  object  of  the 
earlier  colonies  was  to  relieve  surplus  population, 
or  to  provide  a  home  for  those  whom  internal  quar- 
rels had  exiled  from  their  country.  Most  usually 
they  originated  in  private  enterprise,  and  became 
independent  of,  and  lost  their  interest  in,  the  parent 
state.  On  the  other  hand,  it  was  essential  to  the 
very  notion  of  a  Kkvpovxta  that  it  should  be  a  public 
enterprise,  and  should  always  retain  a  connexion 
more  or  less  intimate  with  Athens  herself.  The 
word  KXqpovxta,  as  Wachsmuth  has  well  observed, 
conveys  the  notion  of  property  to  be  expected  and 
formally  appropriated ;  whereas  the  uttoikol  of  an- 
cient times  went  out  to  conquer  lands  for  them- 
selves, not  to  divide  those  which  were  already  con- 
quered. 

The  connexion  with  the  parent  state  subsisted, 
as  has  just  been  hinted,  in  all  degrees.  Sometimes, 
as  in  the  case  of  Lesbos,1  the  holders  of  land  did 
not  reside  upon  their  estates,  but  let  them  to  the 
original  inhabitants,  while  themselves  remained  at 
Athens.  The  condition  of  these  KTirjpovxoi  did  not 
differ  from  that  of  Athenian  citizens  who  had  es- 
tates in  Attica.  All  their  political  rights  they  not 
only  retained,  but  exercised  as  Athenians ;  in  the 
capacity  of  landholders  of  Lesbos  they  could  scarce- 
ly have  been  recognised  by  the  state,  or  have  borne 
any  corporate  relation  to  it.  Another  case  was 
where  the  KXr/povxot  resided  on  their  estates,  and 
either  with  or  without  the  old  inhabitants,  formed 
a  new  community.  These  still  retained  the  rights 
of  Athenian  citizens,  which  distance  only  precluded 
them  from  exercising :  they  used  the  Athenian 
courts ;  and  if  they  or  their  children  wished  to  re- 
turn to  Athens,  naturally  and  of  course  they  re- 
gained the  exercise  of  their  former  privileges.  Of 
this  we  have  the  most  positive  proof:2  as  the  sole 
object  of  these  Khnpovxiai  was  to  form  outposts  for 
the  defence  of  Athenian  commerce,  it  was  the  in- 
terest of  the  parent  state  to  unite  them  by  a  tie  as 
kindly  as  possible  ;  and  it  cannot  be  supposed  that 
individuals  would  have  been  found  to  risk,  in  a 
doubtful  enterprise,  the  rights  of  Athenian  citi- 
zens. 

Sometimes,  however,  the  connexion  might  grad- 
ually dissolve,  and  the  ulrjpovxoL  sink  into  the  con- 
dition of  mere  allies,  or  separate  wholly  from  the 
mother-country.  In  JEgina,  Scione,  Potidsea,  and 
other  places,  where  the  original  community  was 
done  away,  the  colonists  were  most  completely 
under  the  control  of  Athens.  Where  the  old  in- 
habitants were  left  unmolested,  we  may  conceive 
their  admixture  to  have  had  a  twofold  effect :  either 
the  new-comers  would  make  common  cause  with 
them,  and  thus  would  arise  the  alienation  alluded 
to  above,  or  jealousy  and  dread  of  the  ancient  in- 
habitants might  make  the  colonists  more  entirely 

1.  (Thucyd.,  iii.,  50.)— 2.  ( Yid.  Bcickh,  Pub.  Econ.,  vol.  ii.,  p. 
.76,  transi.) 

266 


dependant  on  the  mother  state.  It  seems  im)>os3i» 
ble  to  define  accurately  when  the  isopolite  relation 
with  Athens  may  have  ceased,  although  such  cases? 
undoubtedly  occurred. 

A  question  has  been  raised  as  to  whether  th*. 
Kkripovxoi  were  among  the  Athenian  tributaries 
Probably  this  depended  a  good  deal  upon  the  pros- 
perity of  the  colony.  We  cannot  conceive  that  col- 
onies which  were  established  as  military  outposts, 
in  otherwise  unfavourable  situations,  would  beai 
such  a  burden :  at  the  same  time,  it  seems  improb- 
able that  the  state  would  unnecessarily  forego  the 
tribute  which  it  had  previously  received,  where  the 
lands  had  formerly  belonged  to  tributary  allies. 

It  was  to  Pericles  Athens  was  chiefly  indebted 
for  the  extension  and  permanence  of  her  colonial 
settlements.  His  principal  object  was  to  provide 
for  the  redundancies  of  population,  and  raise  the 
poorer  citizens  to  a  fortune  becoming  the  dignity  of 
Athenian  citizens.  It  was  of  this  class  of  persons 
the  settlers  were  chiefly  composed ;  the  state  pro- 
vided them  with  arms,  and  defrayed  the  expenses 
of  their  journey.  The  principle  of  division  doubt- 
less was,  that  all  who  wished  to  partake  in  the  ad- 
venture applied  voluntarily ;  it  was  then  determined 
by  lot  who  should  or  should  not  receive  a  share. 
Sometimes  they  had  a  leader  appointed,  who,  aftei 
death,  received  all  the  honours  of  the  founder  of  a 
colony  (o'lKiarrjc). 

The  Cleruchiae  were  lost  by  the  battle  of  iEgos- 
potami,  but  partially  restored  on  the  revival  of 
Athenian  power.  For  a  full  account  of  them,  see 
Wachsmuth,  Historical  Antiquities,  §  56,  6  ;  Bockh, 
Public  Econ.  of  Athens,  iii.,  18  ;  and  the  references 
in  Herman's  Manual,  vi.,  117. 

CLETE'RES  or  CLET'ORES  (ulnTf/pee  or  kXi)- 
ropec).  The  Athenian  summoners  were  not  official 
persons,  but  merely  witnesses  to  the  prosecutoi 
that  he  had  served  the  defendant  with  a  notice  of 
the  action  brought  against  him,  and  the  day  upor\ 
which  it  would  be  requisite  for  him  to  appear  before 
the  proper  magistrate,  in  order  that  the  first  exam- 
ination of  the  case  might  commence.1  In  Aris- 
tophanes3 we  read  of  one  summoner  only  being 
employed,  but  two  are  generally  mentioned  by  the 
orators  as  the  usual  number.3  The  names  of 
the  summoners  were  subscribed  to  the  declara- 
tion or  bill  of  the  prosecutor,  and  were,  of  course, 
essential  to  the  validity  of  all  proceedings  founded 
upon  it.  What  has  been  hitherto  stated  applies  in 
general  to  all  causes,  whether  diicai  or  ypa<pac, :  but. 
in  some  which  commenced  with  an  information  laid 
before  magistrates,  and  an  arrest  of  the  accused  m 
consequence  (as  in  the  case  of  an  hdeitjic  or  eiaay- 
yelia),  there  would  be  no  occasion  for  a  summons, 
nor,  of  course,  witnesses  to  its  service.  In  the 
evdvvai  and  doKifj.acicu  also,  when  held  at  the  reg 
ular  times,  no  summons  was  issued,  as  the  persons 
whose  character  might  be  affected  by  an  accusation 
were  necessarily  present,  or  presumed  to  be  so  ;  but 
if  the  prosecutor  had  let  the  proper  day  pass,  and 
proposed  to  hold  a  special  evdvvn  at  any  other  time 
during  the  year  in  which  the  defendant  was  liable 
to  be  called  to  account  for  his  conduct  in  office 
(virevdvvoc),  the  agency  of  summoners  was  as  re- 
quisite as  in  any  other  case.  Of  the  doKifiaaiai, 
that  of  the  orators  alone  had  no  fixed  time ;  but 
the  first  step  in  the  cause  was  not  the  usual  legal 
summons  (TrpocKlvcnc),  but  an  announcement  from 
the  prosecutor  to  the  accused  in  the  assembly  of 
the  people.* 

In  the  event  of  persons  subscribing  themselves 
falsely  as  summoners,  they  exposed  themselves  to 

1.  (Harpocrat.)  —  2.  (Nubes,  1246.  — Vesp.,  1408.)— 3.  (Do. 
mosth.,  c.  Njcost.,  1251,  5.— Pro  Coron.,  244,4.— c.  Ikeot.,  1017 
6.)— 4.  (Meier,  Att.  Process,  212,  575.) 


CLIENS. 


CLIENS. 


an  action  (ipevdoicl.TjTeiac)  at  the  suit  of  the  party 
aggrieved. 

*CLETHRA  {Kkfidpa),  the  Alder.     (Vid.  Alnus.) 

CLIBANA'RII.     (Vid.  Cataphracti.) 

CLIENS  is  said  to  contain  the  same  element  as 
the  verb  cluere,  to  "hear"  or  "obey,"  and  is  accord- 
ingly compared  by  Niebuhr  with  the  German  word 
hocriger,  "  a  dependant." 

In  the  time  of  Cicero,  we  find  patronus  in  the 
sense  of  adviser,  advocate,  or  defender,  opposed  to 
cliens  in  the  sense  of  the  person  defended,  or  the 
consultor ;  and  this  use  of  the  word  must  be  refer- 
red, as  we  shall  see,  to  the  original  character  of  the 
patronus.1  The  relation  of  a  master  to  his  libera- 
ted slave  (libertus)  was  expressed  by  the  word  pa- 
tronus, and  the  libertus  was  the  cliens  of  his  pa- 
tronus. Any  Roman  citizen  who  wanted  a  protec- 
tor might  attach  himself  to  a  patronus,  and  would 
thenceforward  be  a  cliens.  Distinguished  Romans 
were  also  sometimes  the  patroni  of  states  and  cit- 
ies, which  were  in  a  certain  relation  of  subjection 
or  friendship  to  Rome ;  and  in  this  respect  they 
may  be  compared  to  colonial  agents,  or  persons 
among  us  who  are  employed  to  look  alter  the  inter- 
ests of  the  mother-country,  except  that  among  the 
Romans  such  services  were  never  remunerated  di- 
rectly, though  there  might  be  an  indirect  remuner- 
ation.' This  relationship  between  patronus  and 
cliens  was  indicated  by  the  word  clientela,3  which 
also  expressed  the  whole  body  of  a  man's  clients.* 
In  the  Greek  writers  on  Roman  history,  patronus 
is  represented  by  Trpocrrar^f,  and  cliens  by  nelaTris. 

The  clientela,  but  in  a  different  form,  existed  as 
far  back  as  the  records  or  traditions  of  Roman  his- 
tory extend  ;  and  the  following  is  a  brief  notice  of 
its  origin  and  character,  as  stated  by  Dionysius,5  in 
which  the  writer's  terms  are  kept : 

Romulus  gave  to  the  evTrarpidcu  the  care  of  reli- 
gion, the  honores  (upxeiv),  the  administration  of  jus- 
tice, and  the  administration  of  the  state.  The  6rj- 
fioriKOL  (whom,  in  the  preceding  chapter,  he  has  ex- 
plained to  be  the  nfydtioi)  had  none  of  these  privi- 
leges, and  they  were  also  poor ;  husbandry  and  the 
necessary  arts  of  life  were  their  occupation.  Rom- 
ulus thus  intrusted  the  6rj[ioriKoi  to  the  safe  keeping 
of  the  naTpiKLoi  (who  are  the  evTrarpidai),  and  per- 
mitted each  of  them  to  choose  his  patron.  This  re- 
lationship between  the  patron  and. the  client  was 
called,  says  Dionysius,  patronia.6 

The  relative  rights  and  duties  of  patrons  and  cli- 
ents were,  according  to  Dionysius,  the  following : 

The  patron  was  the  legal  adviser  of  the  cliens ; 
he  was  the  client's  guardian  and  protector,  as  he 
was  the  guardian  and  protector  of  his  own  children ; 
he  maintained  the  client's  suit  when  he  was  wrong- 
ed, and  defended  him  when  another  complained  of 
being  wronged  by  him  :  in  a  word,  the  patron  was 
the  guardian  of  the  client's  interests,  both  private 
and  public.  The  client  contributed  to  the  marriage 
portion  of  the  patron's  daughter,  if  the  patron  was 
;)oor,  and  to  his  ransom,  or  that  of  his  children,  if 
they  were  taken  prisoners ;  he  paid  the  costs  and 
damages  of  a  suit  which  the  patron  lost,  and  of  any 
penalty  in  which  he  was  condemned ;  he  bore  a 
part  of  the  patron's  expenses  incurred  by  his  dis- 
charging public  duties,  or  filling  the  honourable  pla- 
ces in  the  state.  Neither  party  could  accuse  the 
other,  or  bear  testimony  against  the  other,  or  give 
his  vote  against  the  other.  This  relationship  be- 
tween patron  and  client  subsisted  for  many  genera- 
tions, and  resembled  in  all  respects  the  relation- 
ship by  blood.     It  was  the  glory  of  illustrious  fami- 


1.  (Ovid,  Art.  Am.,  i.,  88.— Hor.,  Sat.,  I.,  i.,  10.— Epist.,  I., 
T.,31  ;  II.,  i.,  104.)— 2.  (Cic.,Div.,20.— Pro  Sulla,  c.  21. —Tacit., 
Or.,  36.)— 3.  (Cic.ad  Att.,xiv.,  12.)— 4.  (Tacit.,  Ann.,  xiv.,  61.) 

•4    (Antiq.  Rom.,  ii.,  9.)— 6.  (Compare  Cic,  Rep.,  ii.,  9.) 


lies  to  have  many  clients,  and  to  add  to  the  numbei 
transmitted  to  them  by  their  ancestors.  But  the 
clients  were  not  limited  to  the  6tj[iotikoI  :  the  colo 
nies,  and  the  states  connected  with  Rome  by  alh 
ance  and  friendship,  and  the  conquered  states,  had 
their  patrons  at  Rome ;  and  the  senate  frequentlv 
referred  the  disputes  between  such  states  to  theii 
patrons,  and  abided  by  their  decision. 

The  value  of  this  passage  consists  in  its  contain* 
ing  a  tolerably  intelligible  statement,  whether  truo 
or  false,  of  the  relation  of  a  patron  and  client. 
What  persons  actually  composed  the  body  of  cli 
ents,  or  what  was  the  real  historical  origin  of  the 
clientela,  is  immaterial  for  the  purpose  of  under- 
standing what  it  was.  It  is  clear  that  Dionysius 
understood  the  Roman  state  as  originally  consisting 
of  patricii  and  plebeii,  and  he  has  said  that  the  cli- 
ents were  the  plebs.  Now  it  appears,  from  his  own 
writings  and  from  Livy,  that  there  were  clientes 
who  were  not  the  plebs,  or,  in  other  words,  clientes 
and  plebs  were  not  convertible  terms.  This  pas- 
sage, then,  may  have  little  historical  value  as  ex- 
plaining the  origin  of  the  clients ;  and  the  state- 
ment of  the  clientela  being  voluntary  is  improba- 
ble. Still  something  may  be  extracted  from  the 
passage,  though  it  is  impossible  to  reconcile  it  alto- 
gether with  all  other  evidence.  The  clients  were 
not  servi :  they  had  property  of  their  own,  and  free- 
dom (libertas).  Consistently  with  this  passage,  they 
might  be  Roman  citizens,  enjoying  only  the  com- 
mercium  and  connubium,  but  not  the  suffragium  and 
honores,  which  belonged  to  their  patroni.  (Vid. 
Civitas.)  It  would  also  be  consistent  with  the  state- 
ment of  Dionysius,  that  there  were  free  men  in  the 
state  who  were  not  patricii,  and  did  not  choose  to 
be  clientes  ;  but  if  such  persons  existed  in  the  ear- 
liest period  of  the  Roman  state,  they  must  have  la- 
boured under  great  civil  disabilities,  and  this,  also, 
is  not  inconsistent  with  the  testimony  of  history,  nor 
is  it  improbable.  Such  a  body,  if  it  existed,  must 
have  been  powerless ;  but  such  a  body  might  in 
various  ways  increase  in  numbers  and  wealth,  and 
grow  up  into  an  estate,  such  as  the  plebs  afterward 
was.  The  body  of  clientes  might  include  freedmen, 
as  it  certainly  did :  but  it  seems  an  assumption  of 
what  requires  proof  to  infer  (as  Niebuhr  does)  that, 
because  a  patronus  could  put  hisfreedman  to  death, 
he  could  do  the  same  to  a  client ;  for  this  involves 
a  tacit  assumption  that  the  clients  were  originally 
slaves ;  and  this  may  be  true,  but  it  is  not  known. 
Besides,  it  cannot  be  true  that  a  patron  had  the 
power  of  life  and  death  over  his  freedman,  who 
had  obtained  the  civitas,  any  more  than  he  had 
over  an  emancipated  son.  The  body  of  clientes 
might,  consistently  with  all  that  we  know,  contain 
peregrini,  who  had  no  privileges  at  all ;  and  it 
might  contain  that  class  of  persons  who  had  the 
commercium,  if  the  commercium  existed  in  the 
early  ages  of  the  state.  (Fid.  Civitas.)  The  lat- 
ter class  of  persons  would  require  a  patronus,  to 
whom  they  might  attach  themselves  for  the  protec- 
tion of  their  property,  and  who  might  sue  and  de- 
fend them  in  all  suits,  on  account  of  the  (here  as- 
sumed) inability  of  such  persons  to  sue  in  their  own 
name  in  the  early  ages  of  Rome.    (Vid.  Banishment.) 

The  relation  of  the  patronus  to  the  cliens,  as  rep- 
resented by  Dionysius,  has  an  analogy  to  the  patria 
potestas,  and  the  form  of  the  word  patronus  is  con- 
sistent with  this. 

It  is  stated  by  Niebuhr,  that  "if  a  client  died 
without  heirs,  his  patron  inherited  ;  and  this  law 
extended  to  the  case  of  freedmen  ;  the  power  of  the 
patron  over  whom  must  certainly  have  been  found- 
ed originally  on  the  general  patronal  right."  Thia 
statement,  if  it  be  correct,  would  be  consistent  with 
the  quasi  patria  pote?'x  t  r*  *te  patron  us. 

26" 


CLIPEUS. 


CLIPETJS 


But  if  a  cliens  died  with  heirs,  could  he  make  a 
ft'ill  1  and  if  he  died  without  heirs,  could  he  not  dis- 
pose of  his  property  by  will  1  and  if  he  could  not 
make,  or  did  not  make  a  will,  and  had  heirs,  who 
must  they  be  1  must  they  be  sui  heredes  ?  had  he  a 
familia,  and,  consequently,  agnati  1  (vid.  Cognati) 
had  he,  in  fact,  that  connubium,  by  virtue  of  which 
he  could  acquire  the  patria  potestas'!  He  might 
have  all  this  consistently  with  the  statement  of  Di- 
onysius,  and  yet  be  a  citizen  non  optimo  jure ;  for 
he  had  not  the  honores  and  the  other  distinguishing 
privileges  of  the  patricii,  and,  consistently  with  the 
statement  of  Dionysius,  he  could  not  vote  in  the 
comitia  curiata.  It  is  not  possible  to  prove  that  a 
cliens  had  all  this,  and  it  seems  equally  impossible, 
from  existing  evidence,  to  show  what  his  rights  re- 
ally were.  So  far  as  our  extant  ancient  authorities 
show,  the  origin  of  the  clientela,  and  its  true  char- 
acter, were  unknown  to  them.  This  seems  cer- 
tain ;  there  was  a  body  in  the  Roman  state,  at  an 
early  period  of  its  existence,  which  was  neither  pa- 
trician nor  client,  and  a  body  which  once  did  not, 
but  ultimately  did,  participate  in  the  sovereign  pow- 
er :  but  our  knowledge  of  the  true  status  of  the  an- 
cient clients  must  remain  inexact,  for  the  want  of 
sufficient  evidence  in  amount,  and  sufficiently  trust- 
worthy. 

It  is  stated  by  Livy1  that  the  clientes  had  votes 
in  the  comitia  of  the  centuries  :  they  were  therefore 
registered  in  the  censors'  books,  and  could  have 
quiritarian  ownership.  (Vid.  Centumviri.)  They 
had,  therefore,  the  commercium,  possibly  the  con- 
nubium, and  certainly  the  suffragium.  It  may  be 
doubted  whether  Dionysius  understood  them  to  have 
the  suffragium  at  the  comitia  centuriata ;  but,  if 
such  was  the  legal  status  of  a  cliens,  it  is  impossi- 
ble that  the  exposition  of  their  relation  to  the  patri- 
cians, as  given  by  some  modern  writers,  can  be  al- 
ogether  correct. 

It  would  appear,  from  what  has  been  stated,  that 
patronus  and  patricius  were  originally  convertible 
terms,  at  least  until  the  plebs  obtained  the  honores. 
From  that  time,  many  of  the  reasons  for  a  person 
being  a  cliens  of  a  patricius  would  cease  ;  for  the 
plebeians  had  acquired  political  importance,  had  be- 
come acquainted  with  the  laws  and  the  legal  forms, 
and  were  fully  competent  to  advise  their  clients. 
This  change  must  have  contributed  to  the  destruc- 
tion of  the  strict  old  clientela,  and  was  the  transi- 
tion to  the  clientela  of  the  later  ages  of  the  Repub- 
lic.3 

Admitting  a  distinction  between  the  plebs  and  the 
old  clientes  to  be  fully  established,  there  is  still  room 
for  careful  investigation  as  to  the  real  status  of  the 
clientes,  and  of  the  composition  of  the  Roman  state 
before  the  estate  of  the  plebs  was  made  equal  to  that 
of  the  patricians. 

This  question  is  involved  in  almost  inextricable 
perplexity,  and  elements  must  enter  into  the  inves- 
tigation which  have  hitherto  hardly  been  noticed. 
Any  attempt  to  discuss  this  question  must  be  pre- 
faced or  followed  by  an  apology. 

CLIENTE'LA.     (Vid.  Cliens.) 

C-LFMAX.     (Vid.  Tormentum.) 

^LINOPOD'IUM  (KltvoTTodtov),  a  plant  deriving 
Vs  j.ame  from  the  resemblance  which  its  round  flow- 
er bears  to  the  foot  of  a  couch  (kXIvtj,  "  a  couch," 
and  ttovc,  -odog,  "  a  foot.")  It  is  most  probably  the 
Clinopodium  vulgare,  or  Field  Basil,  as  Bauhin  and 
others  think.  According  to  Prosper  Alpinus,  how- 
ever, it  is  the  same  as  the  Satureia  Grceca.  Sib- 
tberp  found  it  on  the  mountains  of  Greece  and  in 
the  island  of  Crete.3 

CLITEUS  (aonic;),  the  large  shield  worn  by  the 


1.  (ii.,  56.)— 2.  (Hugo,  Lehrbuch,  &c,  i.,  458.)— 3.  (Dioscor., 
iii  ,  99.— Billerbeck,  Flora  Classica,  p.  154.) 


Greeks  au\  Romans,  which  was  originally  of  a  cn> 
cular  form,  and  is  said  to  have  been  first  used  by 
Prcetus  and  Acrisius  of  Argos,1  and  therefore  ia 
called  clipeus  Argolicus?  and  likened  to  the  sun 
(Compare,  alsc,  danida  Tcdvroa''  kicrjv,3  dcmdag  ev 
hvkKovq*)  But  the  clipeus  is  often  represented  in 
Roman  sculpture  of  an  oblong  oval,  which  makes 
the  distinction  between  the  common  buckler  and 
that  of  Argos. 

It  was  sometimes  made  of  osiers  twisted  togeth- 
er,5 and  therefore  is  called  Iria,6  or  of  wood.  The 
wood  or  wicker  was  then  covered  over  with  ox- 
hides of  several  folds  deep,7  and  finally  bound 
round  the  edge  with  metal.8 

The  outer  rim  is  termed  uvrv^,9  Irvg,10  TzepL^epeia^ 
or  nvuhog  (vid.  Antyx).11  In  the  centre  was  a  pro- 
jection called  bfj.<j>a?.6c  or  /xeaofj-^dliov,  umbo,  which 
served  as  a  sort  of  weapon  by  itself  (cunctos  urn- 
bone  repellit1*),  or  caused  the  missiles  of  the  er.emy 
to  glance  off  from  the  shield.  It  is  seen  in  the  next 
woodcut,  from  the  column  of  Trajan.  A  spike,  or 
some  other  prominent  excrescence,  was  sometimes 
placed  upon  the  b(i<j>a?i.6<;,  which  was  called   the 

£TTOfJ,(j)dXlOV. 


In  the  Homeric  times  the  Greeks  used  a  belt  to 
support  the  shield ;  but  this  custom  was  subse- 
quently discontinued  in  consequence  of  its  great  in 
convenience  (vid.  Balteus,  p.  133),  and  the  follow- 
ing method  was  adopted  in  its  stead :  A  band  oi 
metal,  wood,  or  leather,  termed  kclvuv,  was  placed 
across  the  inside  from  rim  to  rim,  like  the  diameter 
of  a  circle,  to  which  were  affixed  a  number  of  small 
iron  bars,  crossing  each  other  somewhat  in  the 
form  of  the  letter  X,  which  met  the  arm  below  the 
inner  bend  of  the  elbow  joint,  and  served  to  steady 
the  orb.  This  apparatus,  which  is  said  to  have 
been  invented  by  the  Carians,"  was  termed  oxavov 
or  oxavjj.  Around  the  inner  edge  ran  a  leather 
thong  (iropnat;),  fixed  by  nails  at  certain  distances, 
so  that  it  formed  a  succession  of  loops  all  round, 
which  the  soldier  grasped  with  his  hand  (kuGafaov 
TrSpTtaKi  yevvaiav  x^pa1*).  The  annexed  woodcut, 
which  shows  the  whole  apparatus,  will  render  this 
account  intelligible.  It  is  taken  from  one  of  the 
terra  cotta  vases  published  by  Tischbein.1* 

1.  (Paus.,  ii.,  25,  6.)— 2.  (Virg-.,  JEn.,  iii.,  637.)— 3.  (Horn , 
II.,  iii.,  347  ;  v.,  453.)— 4.  (II.,  xiv.,  428  )— 5.  (Virg-.,  JEn.,  vii., 
632;  viii.,  625.)— 6.  (Eurip.,  Supp.,  697.— Troad,  1201.  — Cy- 
clops, 7.)— 7.  (Virg.,  ^En.,  xii.,  925.)— 8.  (Horn.,  II.,  xn.,  295.— 
Liv.,  xlv.,  33.)— 9.  (Il.,xviii.,479.)— 10.  (Eurip.,  Troad,  1205.)— 
11.  (II..  xi.,  33.)  —  12.  (Mart.,  Ep.,  III.,  xlvi.,  5.)— 13.  (Herod, 
i.,  171.)— 14.  (Eurip.,  Hel.,  1396.)— 15.  (vol.  iv.,  lab  20.) 


CLIPEUS. 


CLOACA. 


At  the  close  of  a  w;./  it  was  customary  for  the 
Greeks  to  suspend  th/j  shields  in  the  temples, 
when  the  TropTTanec.  tw/fi  taken  off,  in  order  to  ren- 
der them  nnservice&l/e  in  case  of  any  sudden  or 
popular  outbreak  ;  w'lich  custom  accounts  for  the 
alarm  of  Demosthenes,  in  the  Knights  of  Aristopha- 
nes,1 when  >e  saw  them  hanging  up  with  their 
handles  on. 

According  to  Livy,a  when  the  census  was  insti- 
tuted by  Servius  Tullius,  the  first  class  only  used 
the  clipeus,  and  the  second  were  armed  with  the  scu- 
tum (vid.  Scutum)  ;  but  after  the  Roman  soldier  re- 
ceived pay,  the  clipeus  was  discontinued  altogether 
tor  the  Sabine  scutum.3  Diodorus  Siculus*  asserts 
Miat  the  original  form  of  the  Roman  shield  was 
square,  and  that  it  was  subsequently  changed  for 
that  tt  the  Tyrrhenians,  which  was  round. 


The  Roman  shields  were  emblazoned  with  va- 
rious devices,  the  origin  of  armorial  bearings,  such 
as  the  heroic  feats  of  then  ancestors  ;6  or  with 
their  portraits,6  which  custom  is  illustrated  by  the 
preceding  beautiful  gem  from  the  antique,  in  which 
the  figure  of  Victory  is  represented  inscribing  upon 
a  clipeus  the  name  or  merits  of  some  deceased  hero. 

Each  soldier  had  also  his  own  name  inscribed 
upon  his  shield,  in  order  that  he  might  readily  find 

1.  <v.,859.)—  2.  (i.,  43.) — 3.  (Liv.,  viii.,  8.— Compare  ix.,  19.— 
Plutarch.  Roir..,  21,  p.  123.)— 4.  (Eclog.,  xxiii.,  3.)— 5.  (Virg., 
<£n.,  viii..  658.— Sil.  Ital.,  viii.,  386.1—6.  (Id.,  xvii.,  398.) 


his  own,  when  the  order  was  given  to  nnpite  arms;' 
and  sometimes  the  name  of  the  commander  undei 
whom  he  fought.3 

The  clipeus  was  also  used  to  regulate  the  tern 
perature  of  the  vapour  bath.     (Vid.  Baths,  p.  150/ 

CLITE'LLJG,  a  pair  of  panniers,  and  therefor* 
only  used  in  the  plural  number.3  In  Italy  the) 
were  commonly  used  with  mules  or  asses,4  but  11 
other  countries  they  were  also  applied  to  horses,  o 
which  an  instance  is  given  in  the  annexed  woo'lcir. 
from  the  column  of  Trajan  ;  and  Plautus5  figura 
tively  describes  a  man  upon  whose  shoulders  a  load 
of  any  kind,  either  moral  or  physical,  is  charge*., 
as  homo  clitellarius. 


A  particular  spot  in  the  city  of  Rome,  and  cer 
tain  parts  of  the  Via  Flaminia,  which,  from  theii 
undulations  in  hill  and  valley,  were  thought  to  re- 
semble the  flowing  line  of  a  pair  of  panniers,  were 
also  termed  clitella?.6 

CLOA'CA.  The  term  cloaca  is  generally  used 
by  the  historians  in  reference  only  to  those  spacious 
subterraneous  vaults,  either  of  stone  or  bricks 
through  which  the  foul  waters  of  the  city,  as  well 
as  all  the  streams  brought  to  Rome  by  the  aqua> 
ducts,  finally  discharged  themselves  into  the  Tiber' 
but  it  also  includes  within  its  meaning  any  smallei 
drain,  either  wooden  pipes  or  clay  tubes,7  with 
which  almost  every  house  in  the  city  was  furnished, 
to  carry  off  its  impurities  into  the  main  conduit.1 
The  whole  city  was  thus  intersected  by  subterra- 
nean passages,  and  is  therefore  designated  by  Pliny* 
as  urbs  pensilis. 

The  most  celebrated  of  these  drains  was  the 
Cloaca  Maxima,  the  construction  of  which  is' ascribed 
to  Tarquinius  Priscus,16  and  which  was  formed  to 
carry  oft  the  waters  brought  down  from  the  adja- 
cent hills  into  the  Velabrum  and  valley  of  the  Fo- 
rum. The  stone  of  which  it  is  built  is  a  mark  ol 
the  great  antiquity  of  the  woife  ;  it  is  not  the  pep- 
erino  of  Gabii  and  the  Alban  Hills,  which  was  the 
common  building-stone  in  the  time  of  the  Common- 
wealth ;  but  it  is  the  "  tufa  litoide"  of  Brocchi,  one 
of  the  volcanic  formations  which  is  found  in  manv 
places  in  Rome,  and  which  was  afterward  supplarv- 
ed  in  public  buildings  by  the  finer  quality  of  the 
peperino."  This  cloaca  was  formed  by  three  tiers 
of  arches,  one  within  the  other,  the  innermost  01 
which  is  a  semicircular  vault  of  18  Roman  palms, 
about  14  feet  in  diameter,  each  of  the  hewn  blocks 
being  7|  palms  long  and  4£  high,  and  joined  ,:>- 
gether  without  cement.  The  manner  of  construc- 
tion is  shown  in  the  annexed  woodcut,  taken  on  the 
spot,  where  a  part  of  it  is  uncovered  near  the  arch 
of  Janus  Quadrifrons. 

The  mouth  where  it  reaches  the  Tiber,  nearly 
opposite  to  one  extremity  of  the  insula   Tiberi.ia, 

1.   (Veget.,  ii.,  17.)— 2.    (Hirt.,  Bell.  Alex.,  5a)— 3.   (Hot 
Sat.,  I.,  v.,  47.— Plaut.,  Most.,  III.,  ii.,  91.)— 4.  (Hor.,  1.  c- 
Plaut.,  ib.,  93.)— 5.  (ib.,  94.)— 6.  (Festus.,  s.  v.)— 7.  (Ulpiaa, 
Dig.  43.  tit.  23,  s.  1.)— 8.  (Strab.,  v.,  8,  p.  167,  ed  S;ebenk.)-. 
9.  (H.  N.,  xxxvi.,  24,  3.)— 10.  (Liv.,i.,  38.— Plin.— Dionys.— U 
cc.) — 11    (Arnold,  Hist.  Rom.,  vol.  i.,  p.  52.) 

269 


KLOPES  DIKE. 


CNICUS. 


still  remains  in  the  state  referred  to  by  Pliny.1    It 

is  represented  in  the  annexed  woodcut,  with  the 
adjacent  buildings  as  they  still  exist,  the  modern 
fabrics  only  which  encumber  the  site  being  left  out. 


_^7; 


The  passages  in  Strabo  and  Pliny  which  state 
that  a  cart  {afiai-a,  vehes)  loaded  with  hay  could 
pass  down  the  Cloaca  Maxima,  will  no  longer  ap- 
pear incredible  from  the  dimensions  given  of  this 
stupendous  work ;  but  it  must  still  be  borne  in 
mind  that  the  vehicles  of  the  Romans  were  much 
smaller  than  our  own.  Dion  Cassius  also  states2 
that  Agrippa,  when  he  cleansed  the  sewers,  passed 
through  them  in  a  boat,  to  which  Pliny3  probably 
alludes  in  the  expression  urbs  suiter  navigata  ;  and 
their  extraordinary  dimensions,  as  well  as  those  of 
the  embouchures  through  which  the  waters  poured 
into  them  (vid.  Canalis),  are  still  farther  testified  by 
the  exploits  of  Nero,  who  threw  down  the  sewers 
Ihe  unfortunate  victims  of  his  nightly  riots.* 

The  Cloaca  Maxima  formed  by  Tarquin  extended 
inly  from  the  Forum  to  the  river,  but  was  subse- 
quently continued  as  far  up  as  the  Subura,  of  which 
branch  some  vestiges  were  discovered  in  the  year 
L742.5  This  was  the  crypta  Subura  to  which  Juve- 
ial  refers.6 

The  expense  of  cleansing  and  repairing  these 
>,loac<z  was,  of  course,  very  great,  and  was  defrayed 
>artly  by  the  treasury,  and  partly  by  an  assessment 
called  cloacarium.7  Under  the  Republic,  the  ad- 
ministration of  the  sewers  was  intrusted  to  the 
censors  ;  but  under  the  Empire,  particular  officers 
were  appointed  for  that  purpose,  cloacarum  curatores, 
nention  of  whom  is  found  in  inscriptions,8  who 
vmployed  condemned  criminals  in  the  task.9 

KAOIIHS  AIKH  {kIo-ktjq  Stun),  the  civil  action 
tor  theft,  was  brought  in  the  usual  manner  before  a 
liffitetes  or  a  court,  the  latter  of  which  Meier10  in- 

lt  ([.c.)— 2.  (xlix.,43.)— 3.  (H.N.,xxxvi.,24,3.)— 4.  (Suet., 
■Vero,  26.— Compare  Dionys.,  x.,  53.— Cic,  Pro  Sext.,  35.)— 5. 
fVenuti,  AntichitA  di  Roma,  torn,  i.,  p.  98.— Ficoroni,  Vestigie  di 
koma,  p.  74,  75.)— 6.  (Sat.,  v.,  106.)— 7.  (Ulpian,  Dig.  7,  tit.  1, 
P.  27,  t)  3.)— 8.  (ap.  Grut.,  p.  exevii.,  5  ;  p.  exeviii.,  2,  3, 4,  5  ;  p. 
eclii.,  1.— Ulpian,  Dig.  43,  tit.  23,  s.2.)—  9.  (Flin.,  Epist.,  x.,  41.) 

-10    (Att.  Process,  67.) 
270 


lers  to  have  been  under  the  presidency  of  the  thes 
mothetae,  whether  the  prosecutor  preferred  his  ac- 
cusation by  way  of  ypafyri  or  61kij.  We  learn  from 
the  law  quoted  by  Demosthenes,1  that  the  criminal, 
upon  conviction,  was  obliged  to  pay  twice  the  value 
of  the  theft  to  the  plaintiff  if  the  latter  recovered 
the  specific  thing  stolen  ;  that,  failing  of  this,  he 
was  bound  to  reimburse  him  tenfold,  that  the  court 
might  inflict,  an  additional  penalty,  and  that  the 
criminal  might  be  confined  in  the  stocks  (7vo6ok6.kk7}) 
five  days  and  as  many  nights.  In  some  cases,  a 
person  that  had  been  robbed  was  permitted  by  the 
Attic  law  to  enter  the  house  in  which  he  suspected 
his  property  was  concealed,  and  institute  a  search, 
for  it  (tyupav)  ;a  but  we  are  not  informed  what 
powers  he  was  supplied  with  to  enforce  this  right. 
Besides  the  above-mentioned  action,  a  prosecutor 
might  proceed  by  way  of  ypafy-fj,  and,  when  the  de- 
linquent was  detected  in  the  act,  by  uttaycdyri  or 
eyrjyrjuig.  To  these,  however,  a  penalty  of  1000 
drachmae  was  attached  in  case  the  prosecutor  failed 
in  establishing  his  case  ;  so  that  a  diffident  plaintiff 
would  often  consider  them  as  less  eligible  means  of 
obtaining  redress.3  In  the  aggravated  cases  of  steal- 
ing in  the  daytime  property  of  greater  amount  than 
50  drachmae,  or  by  night  anything  whatsoever  (and 
upon  this  occasion  the  owner  was  permitted  to 
wound,  and  even  kill  the  depredator  in  his  flight), 
the  most  trifling  article  from  a  gymnasium,  or  any- 
thing worth  10  drachmae  from  the  ports  or  public 
baths,  the  law  expressly  directed  an  anayuyrj  to 
the  Eleven,  and,  upon  conviction,  the  death  of  the 
offender.*  If  the  ypafyrj  were  adopted,  it  is  proba- 
ble that  the  punishment  was  fixed  by  the  court; 
but  both  in  this  case,  and  in  that  of  conviction  in  a 
tiltu],  besides  restitution  of  the  stolen  property,  the 
disfranchisement  (an/xla)  of  the  criminal  would  be 
a  necessary  incident  of  conviction.6 

*CLYM/ENON  (Klvfievov),  a  plant,  about  which 
the  authorities  are  much  at  variance.  Sprengel, 
in  his  edition  of  Dioscorides,  adheres  to  the  opin- 
ion of  Fabius  Columna,  who  held  it  to  be  the 
Scorpiurus  verm.iculatus.  Sib  thorp,  however,  con- 
tends for  the  Convolvulus  scpium,  or  Great  Bind- 
weed.6 

*CLUP'EA,  a  very  small  species  of  Fish,  found, 
according  to  Pliny,7  in  the  Po,  and  which,  as  he  in- 
forms us,  destroys  a  large  kind  of  fish  named  At- 
tilus  (a  species  of  sturgeon),  by  attaching  itself  to  a 
vein  in  the  throat  of  the  latter.  Pliny  very  probably 
refers  to  one  of  those  numerous  parasitical  animals 
which  attach  themselves  to  the  branchiae  of  othei 
fishes,  and  suck  their  blood  ;  perhaps  to  a  species  ol 
small  lamprey.8  In  modern  ichthyology,  the  name 
Clupea  has  been  assigned  by  Linnaeus  to  the  wholo 
herring  family.9 

CNAPHOS  (nvdQoc).     (Vid.  Tormentum.) 

*CNEO'R(JM  (Kviupov),  according  to  Stackhouse 
and  Sprengel,  the  Daphne  Cneorum.  Galen  makes 
it  the  same  with  the  Kvijarpov  of  Hippocrates.  Two 
kinds  are  mentioned  by  the  ancient  writers,  the 
white  and  black,  of  which  the  former  was  the  mor^ 
remarkable  for  its  perfume.  The  Cneorum  is  the 
Casia  spoken  of  in  the  Georgics  of  Virgil  among 
the  food  for  bees.  The  whole  question  is  fully  dis- 
cussed by  Marty n.10 

*CNICUS  or  CNECUS  (kvlkoc,  wr/noe),  a  species 
of  plant,  which  some  have  taken  for  the  Carduus 
Benedictus,  but  which  the  commentator  on  Mesue, 
the  translator  of  Avicenna,  Dodonaeus,  Allston,  and 


1.  (c.  Timocr.,  733.)— 2.  (Aristoph.,  Nubes,  497.— Plato,  De 
Le?  ,  xii.,  954.)— 3.  (Demosth.,  c.  Androt.,  601.)— 4.  (Demosth., 
c.  Timocr.,  736,  1.)— 5.  (Meier,  Att.  Process,  358.)— 6.  (Dios 
cor.,  iv.,  13.— Adams,  Append.,  s.  v.)— 7.  (II.  N.,  ix.,  15.)— 8. 
(Plin.,  ed.  Panckoucke,  vol.  vii.,  p.  161.)— 9.  (Griffith's  Cuviei, 
vol.  x.,  p.  434.)  — 10.  (Theophrast.,  H.  P.,  i.,  10  ;  vi ,  1,  A* 
— Martvn  ad  Virg.,  Georg.,  ii.,  213.) 


COCALIS. 


COCHLEA. 


fcprengel,  concur  in  setting  down  for  the  Carthamus 
tinctonus,  or  Bastard  Saffron.1 

*Cx\IDE  (Kvldrj).     (Vid.  Acalephe.) 

*CNIPS  or  SCNIPS  (mtty,  ckv'l^),  a  numerous 
genus  of  insects,  which  prey  upon  the  leaves  of 
trees.  They  form  the  Aphis,  L.  The  Cnips  is  of- 
ten confounded  with  the  nuvoip.2 

•CNIPOL'OGUS  {Kvi-rcoUyog),  the  name  of  a 
bird  briefly  noticed  by  Aristotle.3  According  to 
Gesner,  it  is  the  white  Wagtail,  or  Motacilla  alba. 
Aristotle  describes  it  as  of  an  ashy  colour  (anodoei- 
djfc ),  and  marked  with  spots  (KaTaarucToc),  and  as 
having  a  little  cry  (QoveZ  6e  fiinpov).  This  account 
suits  very  well  the  Motacilla  A.,  and  its  cry  of  guit, 
guit.  It  is  ranked  by  the  Greek  naturalists  among 
the  GKvi-Kotyuya,  and  the  Motacilla,  it  is  well  known, 
makes  as  much  havoc  among  flies,  gnats,  and  small- 
er insects  as  either  the  fly-catchers  or  swallows.* 

COA  VESTIS,  the  Coan  robe,  is  mentioned  by 
various  Latin  authors,  but  most  frequently  and  dis- 
tinctly by  the  poets  of  the  Augustan  age.5  From 
their  expressions  we  learn  that  it  had  a  great  de- 
gree of  transparency,  that  it  was  remarkably  fine, 
that  it  was  chiefly  worn  by  women  of  loose  reputa- 
tion, and  that  it  was  sometimes  dyed  purple  and  en- 
riched with  stripes  of  gold.  It  has  been  supposed 
to  have  been  made  of  silk,  because  in  Cos  silk  was 
spun  and  woven  at  a  very  early  period,  so  as  to  ob- 
tain a  high  celebrity  for  the  manufactures  of  that 
island.*     The  annexed  woodcut  is  from  a  painting 


discovered  at  Pompeii.7  It  represents  a  lady  wear- 
ing a  tunic  of  almost  perfect  transparency,  so  as  to 
correspond  to  the  description  of  the  Coa  vestis. 
Her  headdress  is  of  the  kind  called  KEKpv<pa?<,oe  in 
Greek,  and  reticulum  in  Latin,  which  also  occurs  in 
a  figure  on  page  187. 

COA'CTOR.  This  name  was  applied  to  collect- 
ors of  various  sorts,  c.  g.,  to  the  servants  of  the 
publicani,  or  farmers  of  the  public  taxes,  who  col- 
lected the  revenues  for  them  ;8  also  to  those  who 
collected  the  money  from  the  purchasers  of  things 
sold  at  a  public  auction.  Horace9  informs  us  that 
his  father  was  a  coactor  of  this  kind.  Moreover, 
the  servants  of  the  money-changers  were  so  called, 
from  collecting  their  debts  for  them.10  The  "  coac- 
tores  agminis"  were  the  soldiers  who  brought  up 
the  rear  of  a  line  of  march. 

♦COCALIS  (KOKa?ug  rov  atrov),  the  Agrostcmma 

1.  (The  iphrast.,  i.,  13;  vi.,  4.— Dioscor.,  iv.,  187.— Adams, 
Append.,  s.  v.)— 2.  (Theophrast.,  II.  P.,  iv.,  7.— Adams,  Append., 
s.  t.)-- 3.  (H.  A.,  viii.,  5.)— 4.  (Compare  Griffith's  Cuvier,  vol. 
ni.,  p.  52.)— 5.  (Tibull.,ii.,4;  ii.,  6.— Propert.,  i.,  2  ;  ii.,  1  ;  iv., 
2  ;  iv.,  5.— Hor.,  Carm.,  IV.,  xiii.,  13.— Sat.,  I.,  ii.,  101.— Ovid, 
Ars  Am.,  ii.,  298.)— 6.  (Aristotle,  H.  A.,  v.,  19.)— 7.  (Mus.  Bor- 
boiuco,  viii.,  5.)— 8.  (Cic,  Pro  Rab.  Post.,  11.)— 9.  (Sat.,  I.,  vi., 
fe.;— 10.  (Cic,  Pro  ClueDt    64.) 


Githago.  Its  English  name,  Corn- Cockle,  is  evi- 
dently derived  from  the  ancient  appellation,  as  Ad- 
ams remarks.1 

*COCCUM,  or  COCCI  GRANUM,  a  name  given 
by  the  ancients  to  what  they  conceived  to  be  a  spe- 
cies of  grain,  producing  a  bright  scarlet  or  crimson 
colour,  but  which  modern  naturalists  have  discov- 
ered to  be  a  kind  of  insect  (kermes).  The  Quercus 
cocci/era  is  the  tree  that  principally  engenders  them, 
and  it  is  from  their  name  (coccum,  coccus)  that  the 
term  cochineal  has  been  derived.  The  coccus  of  the 
ancients  came  from  Portugal,  Sardinia,  Asia  Minor, 
and  Africa.8 

*COCCYG'EA  (KOKKvyia),  a  species  of  plant  men- 
tioned by  Theophrastus,  and  which,  according  to 
Schneider,  has  been  generally  taken  for  the  Rhus 
cotinus,  L.  It  appears  from  Sibthorp  that  the  mod- 
ern Greeks  make  a  flame-red  colour  from  it.3 

*COCCYME'LEA  (kokkv/ivMo),  a  kind  of  Plum. 
Isidorus  says,  "  Coccymela,  quam  Latini  ob  color  cm 
prunum  vocant,  cujus  generis  Damascena  melior.'''' 
Sprengel  refers  that  of  Dioscorides  to  the  Prunus 
insiticia,  or  Bullace-tree,  a  well-known  species  of 
plum.  Sibthorp's  authority  is  in  favour  of  the  Pru- 
nus domestica.  The  Damask  plums,  or  ra  Kara  rrjv 
Aauaatcnvov,  of  Galen,  are  much  commended  by  an- 
cient authors.4 

*COCCYX  (kokkvO-  I-  The  Cuckoo,  or  Cuculus 
canorus.  Its  history  is  correctly  given  by  Aristo- 
tle.5 "  If  we  consult  the  ancients,  and  even  some 
modern  naturalists,"  observes  Griffith,  "  we  shall 
find  stories  of  the  greatest  absurdity  connected 
with  the  name  of  the  cuckoo.  It  would  seem  that 
everything  the  most  monstrous  in  fable,  or  the  most 
odious  and  criminal  in  the  history  of  mankind,  had 
been  carefully  sought  out,  and  attributed  to  these 
inoffensive  birds  :  and  this,  because  men  could  not 
discover  the  secret  springs  which  Nature  has  em- 
ployed to  give  to  this  species  manners,  habits,  and 
a  model  of  life  altogether  opposite  to  those  of  oth- 
ers, and  the  union  of  which  fixes  on  the  cuckoos  a 
distinguishing  character  from  all  other  known  ani- 
mals.'" The  ancients  held  the  flesh  of  the  cuckoo 
in  high  estimation,  as  do  also  the  modern  Italians. 

*II.  A  species  of  Fish,  the  same  with  the  Trigla 
Cuculus,  L.  It  is  the  Red  Gurned,  or  Rotchet ; .  in 
French,  Rouget  or  Re/ait.1 

*COCCO'NES  (kokkcovsc),  the  seed  of  the  Punica 
granata,  or  Pomegranate.8 

*COCH'LEA  (koXMos),  the  Snail,  a  genus  of 
Mollusca.  Of  snails  there  are  three  sorts,  the  Sea, 
the  River,  and  the  Land.  The  last  are  the  Helices, 
one  of  which,  the  Helix  pomatia,  or  edible  snail, 
was  much  used  by  the  Greeks  and  Romans  as  an 
article  of  food.  The  ancients,  as  Adams  remarks, 
must  have  been  also  well  acquainted  with  the  Helix 
fruticum  and  the  H.  arbustorum.9  "  The  uses  of 
the  Helices,  or  Snails,"  observes  Griffith,  *f  are  not 
very  numerous.  It  appears,  however,  that  the  lar- 
ger species,  and  especially  the  garden-snails  {H.  po- 
matia, L.),  serve  for  the  aliment  of  man  in  many 
countries.  The  Romans,  according  to  Pliny,10  con- 
sumed great  quantities  of  them ;  and  they  must  have 
been  in  great  estimation  for  the  table,  since  that  au 
thor  has  thought  fit  to  give,  in  his  Natural  History, 
the  name  of  him  who  first  turned  his  attention  to 
the  rearing  of  these  animals  in  sorts  of  parks  or  de- 
pots, and  of  fattening  them  with  particular  substan- 
ces.    The  best,  came  from  the  island  of  Astypalsea, 


1.  (Myrepsus,  iv.,  2.  —  Adams,  Append.,  s.  v.)  —  2.  (Theo- 
phrast., H.  P.,  hi.,  16. — Dioscor.,  iv.,  48. — Plin.,  H.  N.,  xvi.,  12.) 
— 3.  (Theophrast.,  iii.,  16. — Adams,  Append.,  s.  v.) — 4.  (Theo- 


(Adams,  Append.,  s.  v.) — 10.  (H.  N.,  ix.,  56  ) 


271 


COCHLEA. 


CODEX  GREGORIANUS. 


ore  of  the  Cyclades  ;  the  smallest  from  Reate,  in 
the  Sabine  territory,  and  the  largest  from  Illyria. 
The  Romans  also  greatly  esteemed  the  snails  of  Si- 
cily, of  the  Balearic  Isles,  and  of  the  island  of  Ca- 
prea.  They  shut  them  up  in  sorts  of  warrens,  and 
fattened  them  there  with  cooked  meat,  flour,  &c. 
Tt  was  Fulvius  Hirpinus  who  first  conceived  the 
idea  of  this,  a  short  time  previous  to  the  civil  war 
between  Pompey  and  Caesar.  He  carefully  separa- 
ted each  species,  and  succeeded  in  obtaining  indi- 
viduals whose  shells  contained  octoginta  quadrantes, 
about  ten  quarts.  All  this  history  is  taken  from 
Pliny ;  but  there  would  appear  to  be  some  confu- 
sion in  it,  especially  with  regard  to  the  size  produ- 
ced by  education ;  for  Varro,1  after  whom  he  writes, 
says  the  same  only  concerning  the  African  species, 
which  naturally  attained  to  these  dimensions.  It 
does  not  appear  that  this  mode  of  educating  snails 
was  practised  for  any  great  length  of  time,  for  Ma- 
crobius  says  nothing  about  it."8 

CO'CHLEA  (/co^Amc),  which  properly  means  a 
snail,  was  also  used  in  several  other  significations. 

I.  It  signified  a  screw,  .one  of  the  mechanical 
powers,  so  named  from  its  spiral  form,  which  re- 
sembles the  worming  of  a  shell.  The  woodcut  an- 
nexed represents  a  clothes-press,  from  a  painting 


on  the  wall  of  the  Chalcidicum  of  Eumachia,  at 
Pompeii,  which  is  worked  by  two  upright  screws 
(cochlea)  precisely  in  the  same  manner  as  our  own 
linen  presses. 

A  screw  of  the  same  description  was  also  used  in 
oil  and  wine  presses.3  The  thread  of  the  screw,  for 
which  the  Latin  language  has  no  appropriate  term, 
is  called  nepiKox^iov  in  Greek. 

II.  Cochlea  was  also  the  name  of  a  spiral  pump 
for  raising  water,  invented  by  Archimedes,*  from 
whom  it  has  ever  since  been  called  the  Archime- 
dean screw.    It  is  described  at  length  by  Vitruvius.5 

A  pump  of  this  kind  was  used  for  discharging  the 
bilge-water  in  the  ship  of  Hiero,  which  was  built 
under  the  directions  of  Archimedes.6 

III.  Cochlea  was  also  the  name  of  a  peculiar 
kind  of  door,  through  which  the  wild  beasts  passed 
from  their  dens  into  the  arena  of  the  amphitheatre.7 
It  consisted  of  a  circular  cage,  open  on  one  side  like 
a  lantern,  which  worked  upon  a  pivot  and  within  a 
shell,  like  the  machines  used  in  the  convents  and 
foundling  hospitals  of  Italy,  termed  rote,  so  that  any 
particular  beast  could  be  removed  from  its  den  into 
the  arena  merely  by  turning  it  round,  and  without 
the  possibility  of  more  than  one  escaping  at  the 

1  'Varro,  R.  R.,  iii.,  14.)— 2.  (Griffith's  Cuvier,  vol.  xii.,  p. 
339.)— a.  (Vitruv.,  vi.,  9,  p.  180,  ed.  Bipont.— Palladius,  IV.,  x., 
10;  II.,  xix.,  1.)  —  4.  (Diod.  Sic,  i.,  34;  v.,  37.  —  Compare 
Stiab.,  xvii.,  30.)— 5.  (x.,  11.)— 6.  (Athen.,  v.,  43.)— 7.  (Varro, 
R  R.,  iii.,  5,  t>  3.) 

272 


same  time ;  and  therefore  it  is  recommended  by 
Varro1  as  peculiarly  adapted  for  an  aviary,  so  that 
the  person  could  go  in  and  out  without  afTording 
the  birds  an  opportunity  of  flying  away.  Schneider,* 
however,  maintains  that  the  cochlea  in  question  was 
nothing  more  than  a  portcullis  (cataphracta)  raised 
by  a  screw,  which  interpretation  does  not  appear  sc 
probable  as  the  one  given  above. 

CO'CHLEAR  (Kox?udpiov)  was  a  kind  if  spoon 
which  appears  to  have  terminated  with  a  point  at 
one  end,  and  at  the  other  was  broad  and  h<  llow  like 
our  own  spoons.  The  pointed  end  was  used  foi 
drawing  snails  (cochlea)  out  of  then  shells,  and  eat- 
ing them,  whence  it  derived  its  Lame  ;  and  the 
broader  part  for  eating  eggs,  &c.  Martial3  men- 
tions both  these  uses  of  the  cochlear : 

"  Sum  cochleis  habilis  nee  sum  minus  utilis  ovis."* 

Cochlear  was  also  the  name  given  to  a  small 
measure  like  our  spoonful.  According  to  Rhemni- 
us  Fannius,  it  was  -^  of  the  cyathus. 

CODEX  is  identical  with  caudex,  as  Claudius  and 
Clodius,  claustrum  and  clostrum,  cauda  and  coda. 
Cato5  still  used  the  form  caudex  in  the  same  sense  in 
which  afterward  codex  was  used  exclusively.6  The 
word  originally  signified  the  trunk  or  stem  of  a  tree,7 
and  was  also  applied  to  designate  anything  composed 
of  large  pieces  of  wood,  whence  the  small  fishing 
or  ferry  boats  on  the  Tiber,  which  may  originally 
have  been  like  the  Indian  canoes,  or  were  construct- 
ed of  several  roughly-hewn  planks  nailed  together 
in  a  rude  and  simple  manner,  were  called  naves  cau- 
dicaria,  or  codicaria,  or  caudicea*  The  surname  of 
Caudex  given  to  Appius  Claudius  must  be  traced 
to  this  signification.  But  the  name  codex  was  es- 
pecially applied  to  wooden  tablets  bound  togethei 
and  lined  with  a  coat  of  wax,  for  the  purpose  cl 
writing  upon  them  ;  and  when,  at  a  later  age,  parch- 
ment, or  paper,  or  other  materials  were  substituted 
for  wood,  and  put  together  in  the  shape  of  a  book, 
the  name  of  codex  was  still  applied  to  them.'  Ir. 
the  time  of  Cicero  we  find  it  also  applied  to  the  tab- 
let on  which  a  bill  was  written ;  and  the  tribune 
Cornelius,  when  one  of  his  colleagues  forbade  his 
bill  to  be  read  by  the  herald  or  scribe,  read  it  himself 
(leg-it  codicem  suum10).  At  a  still  later  period,  during 
the  time  of  the  emperors,  the  word  was  used  to  ex- 
press any  collection  of  laws  or  constitutions  of  the 
emperors,  whether  made  by  private  individuals  or 
by  public  authoritv.     See  the  following  articles. 

CODEX  GREGORLVNUS  and  HERMOGENI- 
A'NUS.  It  does  not  appear  quite  certain  if  this 
title  denotes  one  collection  or  two  collections.  The 
general  opinion,  however,  is,  that  there  were  two 
codices,  compiled  respectively  by  Gregorianus  and 
Hermogenianus,  who  are  sometimes,  though,  as  it 
seems,  incorrectly,  called  Gregorius  and  Hermoge- 
nes.  The  codex  of  Gregorianus  consisted  of  thir- 
teen books  at  least,  which  were  divided  into  titles 
The  fragments  of  this  codex  begin  with  constitu- 
tions of  Septimius  Severus,  and  end  with  Diocletian 
and  Maximian.  The  codex  of  Hermogenianus,  so 
far  as  we  know  it,  is  only  quoted  by  titles,  and  it 
also  contains  constitutions  of  Diocletian  and  Max- 
imian ;  it  may,  perhaps,  have  consisted  of  one  book 
only,  and  it  may  have  been  a  kind  of  supplement  or 
continuation  to,  or  an  abridgment  of,  the  other.  The 
name  Hermogenianus  is  always  placed  after  that  of 
Gregorianus  when  this  code  is  quoted.     According 


1.  (1.  c.)— 2.  (in  Ind.  Script.  R.  R.,  s.  v.  Cavea.)— 3.  (xiv., 
121.)— 4.  (Compare  Plin.,  H.  N.,  xxviii.,  4.— Petron.,  33.')— 5. 
(ap.  Front.,  Epist.  ad  M.  Anton.,  i.,  2.) — 6.  (Compare  Ovid,  Met., 
xii.,  432.)— 7.  (Virg.,  Georg.,ii.,  30— Columella,  :.ii.,  19.— Plin., 
II.  N.,  xvi.,  30.) — 8.  (Fest.  and  Varro,  ap.  Nonium,  xiii.,  12.— 
Gellius,  x.,  25.)— 9.  (Cic,  Verr.,  ii.,  1,  36.— Dig.  32,  tit  1,  s 
52.— Sueton.,  Octav.,  101.)— 10.  (Yid.  Cic.  in  Vat.,  2.— Awx* 
Ped.  in  Argum.  ad  Cornel.,  p.  58,  ed.  Orelli.) 


CODEX  JUSTINIANEUS. 


CODEX  THEODOSIANUS. 


la  the  Consultationes,  the  Codex  of  Hermogenianus 
also  contained  constitutions  of  Valens  and  Valen- 
tinian II.,  which,  if  true,  would  bring  down  the 
compiler  to  a  time  some  years  later  than  the 
reign  of  Constantine  the  Great,  under  whom  it  is 
generally  assumed  that  he  wrote.  These  codices 
were  not  made  by  imperial  authority,  so  far  as 
we  know  :  they  were  the  work  of  private  individu- 
als, but  apparently  soon  came  to  be  considered  as 
authority  in  courts  of  justice,  as  is  shown  indirectly 
\»y  the  fact  of  the  Theodosian  and  Justinian  Codes 
>eing  formed  on  the  model  of  the  Codex  Gregoria- 
\us  and  Hermogenianus.1 

CODEX  JUSTINIANE'US.  In  February  of  the 
[  ear  A.D.  528,  Justinian  appointed  a  commission, 
consisting  of  ten  persons,  to  make  a  new  collection 
of  imperial  constitutions.  Among  these  ten  wTere 
Tribonianus,  who  was  afterward  employed  on  the 
Digesta  and  the  Institutiones,  and  Theophilus,  a 
teacher  of  law  at  Constantinople.  The  commission 
was  directed  to  compile  one  code  from  those  of 
Gregorianus,  Hermogenianus,  and  Theodosius,  and 
also  from  the  constitutions  of  Theodosius  made 
subsequently  to  his  code,  from  those  of  his  success- 
ors, and  from  the  constitutions  of  Justinian  himself. 
The  instructions  given  to  the  commissioners  em- 
powered them  to  omit  unnecessary  preambles,  repe- 
titions, contradictions,  and  obsolete  matter ;  to  ex- 
press the  laws  to  be  derived  from  the  sources  above 
mentioned  in  brief  language,  and  to  place  them 
under  appropriate  titles  ;  to  add  to,  take  from,  or 
vary  the  words  of  the  old  constitutions,  when  it 
might  be  necessary,  but  to  retain  the  order  of  time 
in  the  several  constitutions,  by  preserving  the  dates 
and  the  consuls'  names,  and  also  by  arranging  them 
under  their  several  titles  in  the  order  of  time. 
The  collection  was  to  include  rescripts  and  edicts, 
as  well  as  constitutiones  properly  so  called.  Four- 
teen months  after  the  date  of  the  commission,  the 
code  was  completed  and  declared  to  be  law,  under 
The  title  of  the  Justinianeus  Codex ;  and  it  was  de- 
clared that  the  sources  from  which  this  code  was 
derive  I  were  no  longer  to  have  any  binding  force, 
and  that  the  new  code  alone  should  be  referred  to 
as  of  legal  authority.8 

The  Digest  or  Pandect,  and  the  Institutiones, 
were  compiled  after  the  publication  of  this  code, 
subsequently  to  which,  fifty  decisiones  and  some 
new  constitutiones  also  were  promulgated  by  the 
emperor.  This  rendered  a  revision  of  the  Code  ne- 
cessary ;  and,  accordingly,  a  commission  for  that 
purpose  was  given  to  Tribonianus  Dorotheus,  a 
distinguished  teacher  of  law  at  Berytus  in  Phoeni- 
cia, and  three  others.  The  new  code  was  promul- 
gated at  Constantinople  on  the  16th  of  November, 
534,  and  the  use  of  the  decisiones,  the  new  consti- 
tutiones, and  of  the  first  edition  of  the  Justinianeus 
Codex,  was  forbidden.  The  second  edition  (secun- 
da  cdito,  repctita  prcelectio,  Codex  repetita  pralectio- 
nis)  is  the  codfe  that  we  now  possess,  in  twelve 
books,  each  of  which  is  divided  into  titles.  It  is 
not  known  how  many  books  the  first  edition  con- 
tained. The  constitutiones  are  arranged  under 
their  several  titles,  in  the  order  of  time  and  with 
the  names  of  the  emperors  by  whom  they  were 
respectively  made,  and  their  dates. 

The  constitutions  in  this  code  do  not  go  farther 
:>ack  than  those  of  Hadrian,  and  those  of  the  imme- 
diate successors  of  Hadrian  are  few  in  number  ;  a 
circumstance  owing,  in  part,  to  the  use  made  of 
'.he  earlier  codes  in  the  compilation  of  the  Justinian 


1 .  (Zimmern,  Geschichte  des  R5mischen  Privatrechts,  Heidelh., 
1 626. — Hugo,  Lehrbuch  der  Geschicht«  des  Rom.  Rechts,  Ber- 
1  n,  1832.— Frag.  Cod.  Greg,  et  Hermog.,  in  Schulting's  Juris- 
rrmlentia  Vet.,  <fcc,  and  in  the  Jus  Civile  Antejustin.,  BeroL, 

'15.1 — 2.  (Consiit.  de  Justin.  Cod.  Confirmando.) 
NT   m 


Code,  and  also  to  the  fact  of  many  of  their  earner 
constitutions  being  incorporated  in  the  writings  of 
the  jurists,  from  which  alone  any  knowledge  ol 
many  of  them  could  be  derived.1 

The  constitutions,  as  they  appear  in  this  code, 
have  been  in  many  cases  altered  by  the  compilers, 
and,  consequently,  in  an  historical  point  of  view, 
the  Code  is  not  always  trustworthy.  This  fact  ap- 
pears from  a  comparison  of  this  code  with  the  The- 
odosian code  and  the  Novelise.  The  order  of  the 
subject  matter  in  this  Code  corresponds,  in  a  certain 
way,  with  that  in  the  Digest.  Thus  the  seven 
parts  into  which  the  fifty  books  of  the  Digest  are 
distributed,  correspond  to  the  first  nine  books  of  the 
Code.  The  matter  of  the  last  three  books  of  the 
Code  is  hardly  treated  of  in  the  Digest.  The  mat- 
ter of  the  first  book  of  the  Digest  is  placed  in  the 
first  book  of  the  Code,  after  the  law  relating  to  ec- 
clesiastical matters,  which,  of  course,  is  not  con- 
tained in  the  Digest ;  and  the  three  following  books 
of  the  first  part  of  the  Digest  correspond  to  the 
second  book  of  the  Code.  The  following  books  of 
the  Code,  the  ninth  included,  correspond  respective- 
ly, in  a  general  way,  to  the  following  parts  of  the 
Digest.  Some  of  the  constitutions  which  were  in 
the  first  edition  of  the  Code,  and  are  referred  to  in 
the  Institutiones,  have  been  omitted  in  the  second 
edition.2  Several  constitutions,  which  have  also 
been  lost  in  the  course  of  time,  have  beer.  s&i£red 
by  Charondas,  Cujacius,  and  Ccrjtks,,  from  the 
Greek  version  of  them.  For  the  editions  of  the 
Code,  see  Corpus  Juris.3 

CODEX  THEODOSIA'NUS.  In  the  year  429, 
Theodosius  II.,  commonly  called  Theodosius  the 
Younger,  appointed  a  commission,  consisting  of 
eight  persons,  to  form  into  a  code  all  the  edicts  and 
leges  generales  from  the  time  of  Constantine,  and 
according  to  the  model  of  the  Codex  Gregorianus 
and  Hermogenianus  (ad  similitudinem  Gregoriani  et 
Hermogeniani  Codicis).  In  435,  the  instructions 
were  renewed  or  repeated  ;  but  the  commissioners 
were  now  sixteen  in  number.  Antiochus  was  at 
the  head  of  both  commissions.  It  seems,  however, 
to  have  been  originally  the  design  of  the  emperor, 
not  only  to  make  a  code  which  should  be  supple- 
mentary to,  and  a  continuation  of,  the  Codex  Gre- 
gorianus and  Hermogenianus,  but  also  to  complete 
a  work  on  Roman  law  from  the  classical  jurists, 
and  the  constitutions  prior  to  those  of  Constantine. 
However  this  may  be,  the  first  commission  did 
not  accomplish  this,  and  what  we  now  have  is  the 
code  which  was  compiled  by  the  second  commis- 
sion. This  code  was  completed,  and  promulgated 
as  law  in  the  Eastern  Empire  in  438,  and  declared 
to  be  the  substitute  for  all  the  constitutions  made 
since  the  time  of  Constantine.  In  the  same  year 
(438)  the  Code  was  forwarded  to  Valentinian  III., 
the  son-in-law  of  Theodosius,  by  whom  it  was  laid 
before  the  Roman  senate,  and  confirmed  as  law  in 
the  Western  Empire.  Nine  years  later,  Theodosi- 
us forwarded  to  Valentinian  his  new  constitutions 
(novella  constitutiones),  which  had  been  made  since 
the  publication  of  the  Code  ;  and  these,  also,  wen1 
in  the  next  year  (448)  promulgated  as  law  in  the 
Western  Empire.  So  long  as  a  connexion  existed 
between  the  Eastern  and  Western  Empires,  that  is. 
till  the  overthrow  of  the  latter,  the  name  Novellas 
was  given  to  the  constitutions  subsequent  to  the 
Code  of  Theodosius.  The  latest  of  these  Novellas 
that  has  come  down  to  us  is  one  of  the  time  of  Leo 
and  Anthemius,  De  Bonis  Vacantibus,  A.D.  468. 

The  Codex  Theodosianus  consists  of  sixteen 
books,  the  greater  part  of  which,  as  well  as  his  No- 

1.  (Constit.  de  Emendatione  Cod.  Dom.  J«stin.)— 2.  (Instit. 
2,  tit.  20,  s.  27  ;  4,  tit.  fi,  s.  24.)— 3.  (Zimmern,  &c— Hugo,  Lehr 
buch  der  Geschichte  des  Rom.  Rechts,  &c.) 

2?  1 


CCENA. 


CCENA 


vellae,  exist  in  meir  genuine  state.  The  books  are 
divided  into  titles,  and  the  titles  are  subdivided  into 
sections  or  laws.  The  valuable  edition  of  J.  Goth- 
ofredus  (6  vols,  fol.,  Lugd.,  1665,  re-edited  by  Hit- 
ter, Lips.,  1736-1745,  fol.)  contains  the  Code  in  its 
complete  form,  except  the  first  five  books  and  the 
beginning  of  the  sixth,  for  which  it  was  necessary 
to  use  the  epitome  contained  in  the  Breviarium  {vid. 
Breviarium).  This  is  also  the  case  with  the  edi- 
tion of  this  code  contained  in  the  Jus  Civile  Ante- 
jusiinianeum.  But  the  recent  discovery  of  a  MS.  of 
the  Breviarium  at  Milan  by  Clossius,  and  of  a  Pa- 
limpsest of  the  Theodosian  Code  at  Turin  by  Pey- 
ron,  has  contributed  largely  both  to  the  critical 
knowledge  of  the  other  parts  of  this  code,  and  has 
added  numerous  genuine  constitutions  to  the  first 
live  bcoks,  particularly  to  the  first.  Hand's  dis- 
coveries, also,  have  added  to  our  knowledge  of  the 
later  books. 

The  extract  or  epitome  of  the  first  five  books  in 
the  Breviarium  is  very  scanty ;  262  laws,  or  frag- 
ments of  laws,  were  omitted,  which  the  discoveries 
of  Clossius  and  Peyron  have  reduced  to  200.     , 

The  Novellae  Constitutiones  anterior  to  the  time 
of  Justinian  are  collected  in  six  books  in  the  Jus 
Civile  Antejustinianeum. 

The  commission  of  Theodosius  was  empowered 
to  arrange  the  constitutiones  according  to  their 
subject,  and  under  each  subject  according  to  the 
order  of  time ;  to  separate  those  which  contained 
different  matter,  and  to  omit  what  was  not  essen- 
tial or  superfluous.  The  arrangement  of  the  Theo- 
dosian Code  differs  in  the  main  from  that  of  the 
Code  of  Justinian,  which  treats  of  jus  ecclesiasticum 
in  the  beginning,  while  that  of  Theodosius  in  the 
first  book  treats  chiefly  of  offices  ;  and  the  second, 
bird,  fourth,  and  beginning  of  the  fifth  book  treat 
of  jus  privatum.  The  order  here  observed,  as  well 
as  in  the  Code  which  it  professed  to  follow  as  a 
model,  was  the  order  of  the  praetorian  edict,  and  of 
the  writers  on  the  edict.  The  eighth  book  contains 
the  laws  as  to  gifts,  the  penalties  of  celibacy,  and 
that  relating  to  the  jus  liberorum.  The  ninth  book 
begins  with  crimes.  The  laws  relating  to  the 
Christian  Church  are  contained  in  the  sixteenth 
and  last  book.  It  is  obvious,  from  the  circumstan- 
ces under  which  the  Theodosian  and  Justinian  Codes 
were  compiled,  and  from  a  comparison  of  them, 
that  the  latter  was  greatly  indebted  to  the  former. 
The  Theodosian  Code  was  also  the  basis  of  the 
edict  of  Theodoric,  king  of  the  Ostrogoths  ;  it  was 
epitomized,  with  an  interpretation,  in  the  Visigoth 
Lex  Romana  (vid.  Breviarium)  ;  and  the  Burgun- 
dian  Lex  Romana,  commonly  called  Papiani  Liber 
Responsorum,  was  founded  upon  it. 

CODICI'LLUS.     (Vid.  Testamentum.) 

COE'MPTIO.     (Vid.  Marriage.) 

CCENA.  As  the  Roman  meals  are  not  always 
clearly  distinguished,  it  will  be  convenient  to  treat 
of  all  under  the  most  important  one.  The  follow- 
ing article  is  designed  to  give  a  short  account  of  the 
familiar  day  of  the  Romans.  No  one  who  remem- 
bers the  changes  which  custom  has  brought  about 
in  our  own  country  during  the  last  century,  will 
expect  the  same  description  of  domestic  manners 
to  apply  to  any  considerable  period  of  time.  It  will 
suffice  to  take  the  ordinary  life  of  the  middle  ranks 
of  society  in  the  Augustai.  age,  noticing  incidental- 
ly the  most  remarkable  deviations,  either  on  the 
side  of  primitive  simplicity  or  of  late  refinement. 

The  meal  with  which  the  Roman  sometimes  be- 
gan the  day  was  the  jentaculum,  a  wrord  derived,  as 
Isidore  would  have  us  believe,  a  jejunio  solvendo, 
and  answering  to  the  Greek  uKpaTia/xoc.  Festus 
tells  us  that  it  was  also  called  prandicula  or  silatum. 
Though  by  no  means  uncommon,  it  does  not  appear 
274 


to  have  been  usual,  except  in  the  case  of  children, 
or  sick  persons,  or  the  luxurious,  or,  as  Nonius 
adds,1  of  labouring  men.  An  irregular  meal  (if  we 
may  so  express  it)  was  not  likely  to  have  any  very 
regular  time  :  two  epigrams  of  Martial,  however, 
seem  to  fix  the  hour  at  about  three  or  four  o'clock 
in  the  morning.2  Bread,  as  we  learn  from  the  epi- 
gram just  quoted,  formed  the  substantial  part  of  this* 
early  breakfast,  to  which  cheese,3  or  dried  fruit,  as 
dates  and  raisins,*  was  sometimes  added.  The 
jentaculum  of  Vitellius5  was  doubtless  of  a  more 
solid  character  ;  but  this  was  a  case  of  monstrous 
luxury. 

Next  followed  the  prandium  or  luncheon,  witli 
persons  of  simple  habits  a  frugal  meal : 

"  Quantum  interpellet  inani 
Ventre  diem  durare^ 

As  Horace  himself  describes  it  in  another  place,7 

"  Cum  sale  panis 
Lalrantem  stomachum  bene  leniet,'" 

agreeably  with  Seneca's  account,8  "  Panis  deinde 
siccus  et  sine  mensa  prandium,  post  quod  non  sunt  la- 
vanda  manus."  From  the  latter  passage  we  learn 
incidentally  that  it  was  a  hasty  meal,  such  as  sail- 
ors9 and  soldiers10  partook  of  when  on  duty,  with- 
out sitting  down.  The  prandium  seems  to  have  ori- 
ginated in  these  military  meals,  and  a  doubt  has 
been  entertained  whether  in  their  ordinary  life  the 
Romans  took  food  more  than  once  in  the  day. 
Pliny11  speaks  of  Aufidius  Bassus  as  following  the 
ancient  custom  in  taking  luncheon  ;  but  again,12  in 
describing  the  manners  of  an  oldfashioned  person, 
he  mentions  no  other  meal  but  the  cKna.  The  fol- 
lowing references13  seem  to  prove  that  luncheon 
was  a  usual  meal,  although  it  cannot  be  supposed 
that  there  were  many  who,  like  Vitellius,  could 
avail  themselves  of  all  the  various  times  which  the 
different  fashions  of  the  day  allowed  ("  epulas  trifa- 
riam  semper,  interdum  quadrifariam  dispertiebat,  in 
jentacula  et  prandia,  et  ccenas,  comissationesque ;  fa- 
cile omnibus  sujficiens,  vomitandi  consuetudine'111*).  It 
would  evidently  be  absurd,  however,  to  lay  down 
uniform  rules  for  matters  of  individual  caprice,  or 
of  fashion  at  best. 

The  prandium,  called  by  Suetonius15  cibus  meridi- 
anus,  was  usually  taken  about  twelve  or  one 
o'clock.16  For  the  luxurious  palate,  as  we  gather 
incidentally  from  Horace's  Satires,  very  different 
provision  was  made  from  what  was  described  above 
as  his  own  simple  repast.  Fish  was  a  requisite  of 
the  table  :17 

"  Foris  est  promus,  et  atrum 
Defendens  pisces  hycmat  mare  ;** 

to  which  the  choicest  wines,  sweetened  with  the 
finest  honey,  were  to  be  added : 

"  Nisi  Hymettia  mclla  Falerno 
Ne  biberis  diluta ;" 

which  latter  practice  is  condemned  by  the  learned 
gastronomer,19  who  recommends  a  weaker  mixture, 

"  Leni  pracordia  mulso 
Prolueris  melius," 

and  gravely  advises  to  finish  with  mulberries  fresh 
gathered  in  the  morning.19 

The  words  of  Festus,  "  ccena  apud  antiquos  dice- 
batur  quod  nunc  prandium,"  have  given  much  trouble 

1.  (De  Re  Cib.,  i.,  4.)— 2.  (Mart.,  Epigr.,  xiv.,  233  ;  viii.,  67, 
9.)— 3.  (Apul.,  Met.,  i.,  p.  110,  ed.  Francof,  1621.)  —4.  (Suet.. 
Octav.,  76.)— 5.  (Suet.,  Vit.,  c.  7,  c.  13.)— 6.  (Hor..  Sat.,  I.,  vi., 
127,  128.)— 7.  (Sat.,  II.,  ii.,  17.)— 8.  (Ep.,  84  )  —  9.  (Juv.,  Sat., 
vi.,  101.)— 10.  (Liv.,  xxviii.,  14.)— 11.  (Ep.,  Hi.,  5.)  — 12.  (Ep.. 
iii.,  1.)— 13.  (Sen.,  Ep.,  87.— Cic.,Ep.  ad  Att.,  v.,  1.— Mart.,vi. 
64.)— 14.  (Suet.,  Vit.,  13.)— 15.  (Aug., 78.)— 16.  (Suet.,  Cal.,58 
—Claud.,  34.)— 17.  (Sat.,  II.,  ii.,  16.)— 18.  (Sat.,  II.,  iv.,  26.)- 
19.  (Ibid.,  21-23.— Vid.  Tate's  Horace,  2d  ed.,  p  97-106.) 


CCENA. 


CCENA 


to  the  critics,  perhaps  needlessly,  when  we  remem- 
ber the  change  of  hours  in  our  own  country.  If  we 
translate  cana,  as,  according  to  our  notions,  we  ought 
to  do,  by  "  dinner,"  they  describe  exactly  the  alter- 
ation of  our  own  manners  during  the  last  century. 
The  analogy  of  the  Greek  word  decrrvov,  which,  ac- 
cording to  Athenaeus,  was  used  in  a  similar  way  for 
upicTov,  also  affords  assistance.  Another  meal, 
termed  merenda,  is  mentioned  by  Isidore  and  Fes- 
tus,  for  which  several  refined  distinctions  are  pro- 
posed; but  it  is  not  certain  that  it  really  differed 
from  the  prandium. 

The  table,  which  was  made  of  citron,  maple-wood, 
or  even  of  ivory,1  was  covered  with  a  mantcle,  and 
each  of  the  different  courses,  sometimes  amounting 
to  seven,8  served  upon  a  fcrculum  or  waiter.  In 
the  "  munda  supellex"  of  Horace,  great  care  was 
taken. 

"  Ne  turpe  toral,  ne  sordida  mappa 
Corruget  nares ;  ne  non  ct  cantharus  et  lanx 
Ostendat  tibi  te."3 

And  on  the  same  occasion,  the  whole  dinner,  which 
consisted  of  vegetables,  was  served  up  on  a  single 
platter.4 

To  return  to  our  description,  the  dinner  usually 
consisted  of  three  courses  :  first,  the  promulsis  or 
antecana,5  called  also  gustatio,6  made  up  of  all  sorts 
of  stimulants  to  the  appetite,  such  as  those  descri- 
bed by  Horace, 

"  Rapula,  lactuca,  radices,  qualia  lassum 
Pervellunt  stomachum,  siser,  alec,  facula  Coa."1 

Eggs  also8  were  so  indispensable  to  the  first  course 
that  they  almost  gave" a  name  to  it  (ab  ovo  Usqve  ad 
mala).  In  the  promulsis  of  Trimalchio's  supper9 — 
probably  designed  as  a  satire  on  the  Emperor  Nero 
— an  ass  of  Corinthian  brass  is  introduced,  bearing 
two  panniers,  one  of  white,  the  other  of  black  ol- 
ives, covered  with  two  large  dishes  inscribed  with 
Turaalchio's  name.  Next  come  dormice  (glires) 
on  small  bridges  sprinkled  with  poppy-seed  and 
honey,  and  hot  sausages  (tomacula)  on  a  silver  grid- 
iron (craficula),  with  Syrian  prunes  and  pomegran- 
ate berries  underneath.  These,  however,  were 
imperial  luxuries  ;  the  frugality  of  Martial  only  al- 
lowed of  lettuce  and  Sicenian  olives ;  indeed,  he 
himself  tells  us  that  the  promulsis  was  a  refinement 
of  modern  luxury.10  Macrobius11  has  left  an  authen- 
tic record  of  a  coena  pontificum,12  given  by  Lentulus 
on  his  election  to  the  office  of  fiamen,  in  which  the 
first  course  alone  was  made  up  of  the  following 
dishes :  Several  kinds  of  shell- fish  {echini,  ostrece 
cruda,  pelorides,  spondyli,  glycomarides,  murices  pur- 
pura, balani  albi  et  nigri),  thrushes,  asparagus,  a 
fatted  hen  (gallina  altilis),  beccaficoes  (ficcdula), 
nettles  (urtica),  the  haunches  of  a  goat  and  wild  boar 
(lumbi  capragini,  aprugni),  rich  meats  made  into 
pasties  (altilia  ex  farina  involuta),  many  of  which  are 
twice  repeated  in  the  inventory. 

It  would  far  exceed  the  limits  of  this  work  even 
to  mention  all  the  dishes  which  formed  the  second 
course  of  a  Roman  dinner,  which,  whoever  likes, 
may  find  minutely  described  in  Bulengerus.13  Of 
birds,  the  Guinea-hen  (Afra  avis),  the  pheasant  (Pha- 
siana,  so  called  from  Phasis,  a  river  of  Colchis),  and 
the  thrush,  were  most  in  repute  ;  the  liver  of  a  ca- 
pon steeped  in  milk  (Pliny),  and  beccaficoes  (ficedu- 
la)  dressed  with  pepper,  were  held  a  delicacy.14  The 
peacock,  according  to  Macrobius,15  was  first  intro- 
duced by  Hortensius  the  orator,  at  an  inaugural 


supper,  and  acquired  such  --emite  among  the  Roma* 
gourmands  as  to  be  commonly  sold  for  fifty  denarii. 
Other  birds  are  mentioned,  as  the  duck  (anas1),  es- 
pecially its  head  and  breast ;  the  woodcock  (alia 
gen),  the  turtle,  and  flamingo  (phoznicopterus2),  the 
tongue  of  which,  Martial  tells  us,  especially  com 
mended  itself  to  the  delicate  palate.  Of  fish,  the 
variety  was  perhaps  still  greater :  the  charr  (sea- 
rus),  the  turbot  (rhombus),  the  sturgeon  (acipenser), 
the  mullet  (mullus),  were  highly  prized,  and  dressed 
in  the  most  various  fashions.  In  the  banquet  of 
Nasidienus,  an  eel  is  brought,  garnished  with  prawns 
swimming  in  the  sauce.3  Of  solid  meat,  pork 
seems  to  have  been  the  favourite  dish,  especially 
sucking-pig  ;4  the  paps  of  a  sow  served  up  in  milk 
(sumen5),  the  flitch  of  bacon  (petaso6),  the  womb  of 
a  sow  (vulva1),  are  all  mentioned  by  Martial.  Boar's 
flesh  and  venison  were  also  in  high  repute,  espe- 
cially the  former,  described  by  Juvenal8  as  animal 
propter  convivia  natum.  Condiments  were  added  to 
most  of  these  dishes  :  such  were  the  muria,  a  kind 
of  pickle  made  from  the  tunny-fish  ;9  the  garum  so- 
ciorum,  made  from  the  intestines  of  the  mackerel 
(scomber),  so  called  because  brought  from  abroad ; 
alec,  a  sort  of  brine ;  fax,  the  sediment  of  wine, 
&c,  for  the  receipts  of  which  we  must  again  refer 
the  reader  to  Catius's  learned  instructor.10  Sever- 
al kinds  of  fungi11  are  mentioned,  truffles  (bolcti), 
mushrooms  (tuberes),  wThich  either  made  dishes  by 
themselves,  or  formed  the  garniture  for  larger 
dishes. 

It  must  not  be  supposed  that  the  artistes  of  impe- 
rial Rome  were  at  all  behind  ourselves  in  the  prep- 
aration and  arrangements  of  the  table.  In  a  large 
household,  the  functionaries  to  whom  this  important 
part  of  domestic  economy  was  intrusted  were  four, 
the  butler  (promus),  the  cook  (archimagirus),  the 
arranger  of  the  dishes  (structor),  and  the  carver 
(carptor  or  scissor).  Carving  was  taught  as  an  art,, 
and,  according  to  Petronius,12  performed  to  the  sound 
of  music,  with  appropriate  gesticulations, 

"  Ncque  enimminimo  discrimine  refer t 
Quo  vultu  lepores  et  quo  gallina  secetur.,n9 

In  the  supper  of  Petronius,  a  large  round  tray 
(ferculum,  repositorium)  is  brought  in,  with  the  signs 
of  the  zodiac  figured  all  round  it,  upon  each  of  which 
the  artiste  (structor)  had  placed  some  appropriate 
viand  :  a  goose  on  Aquarius ;  a  pair  of  scales,  with 
tarts  (scriblita)  and  cheesecakes  (placenta)  in  each 
scale,  on  Libra,  &c.  In  the  middle  was  placed  a 
hive  supported  by  delicate  herbage.  Presently  four 
slaves  come  forward,  dancing  to  the  sound  of  music, 
and  take  away  the  upper  part  of  the  dish  ;  beneath 
appear  all  kinds  of  dressed  meats :  a  hare  with 
wings,  to  imitate  Pegasus,  in  the  middle  ;  and  four 
figures  of  Marsyas  at  the  corners,  pouring  hot  sauce 
(garum  piperatum)  over  the  fish  that  were  swim- 
ming in  the  Euripus  below.  So  entirely  had  the  Ro- 
mans lost  all  shame  of  luxury,  since  the  days  when 
Cincius,  in  supporting  the  Fannian  law,  charged  his 
own  age  with  the  enormity  of  introducing  the  por- 
cus  Trojanus  (a  sort  of  pudding  stuffed  with  the 
flesh  of  other  animals14). 

The  bellaria  or  dessert,  to  which  Horace  alludes 
when  he  says  of  Tigellius  ab  ovo  Usque  ad  mgla  cit- 
arct,  consisted  of  fruits  (which  the  Romans  usually 
ate  uncooked),  such  as  almonds  (amygdala),  dried 
grapes  (uva  passa),  dates  (palmula,  laryota,  dactyli) ; 
of  sweetmeats  and  confections,  called  edulxa  mcUita, 
dulciaria,  such  as  cheesecakes  (cupedia,  cruslula,  li- 
ba,  placenta,  artologani),  almond-cakes  (coptre),  tarts 

1.  (Mart.,  xiii.,  52.)— 2.  (Mart.,  xiii ,  71.)— 3.  (Mart.,  Xeuit, 
xiii.)— 4.  (Mart,  xiii.,  41.)— 5.  (Ibid.,  Ep.,  44.)— 6.  (Ep.,55.)— 
7.  (Ep.,  56.)  — 8.  (Sat., :.,  141.)—  9.  (Mart.,  xiii.,  103.)— 10 
(Hor.,  Sat.,  II.,  iv.)— 11.  (Ibid  ,  v.,  20.)— 12.  (35,30.*  -13    (Juv 
Sat.,  v.,  121.)— 14.  (Macrob.,  Sat ,  ii.,  2.) 

275 


CfENA. 


CCENA. 


{scriblita),  whence  the  maker  of  them  was  called 
pistor  dulciarius,  placentarius,  libarius,  &c. 

We  will  now  suppose  the  table  spread  and  the 
guests  assembled,  each  with  his  mappa  or  napkin,1 
and  in  his  dinner-dress,  called  ccenatoria  or  cubitoria, 
usually  9f  a  bright  colour,2  and  variegated  with 
flowers.  First  they  took  off  their  shoes  for  fear  of 
soiling  the  couch,3  which  was  often  inlaid  with 
ivory  or  tortoise-shell,  and  covered  with  cloth  of 
gold.  Next  they  lay  down  to  eat,*  the  head  rest- 
ing on  the  left  elbow,  and  supported  by  cushions.5 
There  were  usually,  but  not  always,  three  on  the 
same  couch,*  the  middle  place  being  esteemed  the 
most  honourable.  Around  the  tables  stood  the  ser- 
vants (ministri),  clothed  in  a  tunic,7  and  girt  with 
napkins  :8  some  removed  the  dishes  and  wiped  the 
tables  with  a  rough  cloth  (gausape9) ;  others  gave 
the  guests  water  for  their  hands,  or  cooled  the  room 
with  fans.10  Here  stood  an  Eastern  youth11  behind 
his  master's  couch,  ready  to  answer  the  noise  of 
the  fingers  (digiti  crepitus12),  while  others  bore  a 
large  platter  (mazonomum)  of  different  kinds  of  meat 
to  the  guests.13 

Whatever  changes  of  fashion  had  taken  place 
since  primitive  times,  the  ccena  in  Cicero's  day14 
was  at  all  events  an  evening  meal.  It  was  usual 
to  bathe  about  two  o'clock  and  dine  at  three,  hours 
which  seem  to  have  been  observed,  at  least  by  the 
higher  classes,  long  after  the  Augustan  age.18  When 
Juvenal  mentions  two  o'clock  as  a  dinner  hour,  he 
evidently  means  a  censure  on  the  luxury  of  the  per- 
Bon  named,16 

"  Exul  ab  octava  Marius  bibit." 

In  the  banquet  of  Nasidienus,  about  the  same  hour 
is  intended  when  Horace  says  to  Fundanius, 

"  Nam  mihi  qucerenti  convivam  dictus  here  ilhc 
De  medio  potare  die." 

Horace  and  Maecenas  used  to  dine  at  a  late  hour, 
about  sunset.17  Perhaps. the  various  statements  of 
classical  authors  upon  this  subject  can  only  be  rec- 
onciled by  supposing  that  with  the  Romans,  as  with 
ourselves,  there  was  a  great  variety  of  hours  in  the 
different  ranks  of  society. 

Dinner  was  set  out  in  a  room  called  ccenatio  or 
diceta  (which  two  words  perhaps  conveyed  to  a  Ro- 
man ear  nearly  the  same  distinction  as  our  dining- 
room  and  parlour).  The  ccenatio,  in  rich  men's 
houses,  was  fitted  up  with  great  magnificence.18 
Suetonius19  mentions  a  supper-room  in  the  Golden 
Palace  of  Nero,  constructed  like  a  theatre,  with  shift- 
ing scenes  to  change  with  every  course.  The  gar- 
ret of  the  poor  man  was  termed  ccenaculum.™  In 
the  midst  of  the  ccenatio  were  set  three  couches 
{triclinia),  answering  in  shape  to  the  square,  as  the 
long  semicircular  couches  (sigmata)  did  to  the  oval 
tables.  An  account  of  the  disposition  of  the  couch- 
es, and  of  the  place  which  each  guest  occupied,  is 
given  in  the  article  Triclinium. 

The  Greeks  and  Romans  were  accustomed,  in 
later  times,  to  recline  at  their  meals ;  though  this 
practice  could  not  have  been  of  great  antiquity  in 
Greece,  since  Homer  never  describes  persons  as 
reclining,  but  always  as  sitting  at  their  meals.  Isi- 
dore of  Seville21  also  attributes  the  same  practice  to 
the  ancient  Romans.  Even  in  the  time  of  the  early 
Roman  emperors,  children  in  families  of  the  highest 
rank  used  to  sit  together  at  an  inferior  table,  while 

1.  (Mart.,  xii.,  29.)— 2.  (Petron.,  c.  21.)  — 3.  (Mart.,  iii.,  30.) 
—4.  (Hor.,  Sat.,  I.,  iv.,  39.)— 5.  (Mart.,  iii.,  Ep.  8.)  —6.  (Hor., 
Sat.,  I.,  iv.,86.)— 7.  (Hor.,  Sat.,  II.,  vi.,  107.)— 8.  (Suet.,  Cal., 
126.)— 9.  (Hor.,  Sat.,  II.,  viii.,  11.)  —  10.  (Mart.,  iii.,  82.)  — 11. 
'  Juv.,  Sat.,  v.,  55.)— 12.  (Mart.,  vi.,  89.)  — 13.  (Hor.,  Sat.,  II., 
i  iii.,  86.)—14  (Ep.  ad  Att.,  ix.,  7.)  —  15.  (Mart.,  IV.,  viii.,  6  ; 
XL,  liii  ,  a  —  Cic.  ad  Fam.,  ix.,  26.  —  Plin.,  Ep.,  iii.,  1.)  — 16. 

5at.,  i.  49,  50.)— 17.  (Hor.,  Sat.,  II.,  vii.,  33.— Ep.,  I.,  v.,  3.)— 
»h.  (Seti.,  Ep.,  9G.)— 19.  (Nero,  31.)-20.  (Juv.,  Sat.,  x.,  17.— 
Hot.,  Ep.,  I.,  i.,  91.)-  21.  (Orig.,  xx.,  11.) 
27fi 


their  fathers  and  elders  reclined  on  couches  at  tnc 
upper  part  of  the  room.1 

Roman  ladies  continued  the  practice  of  sitting  at 
table,  even  after  the  recumbent  position  had  becoma 
common  with  the  other  sex.a  It  appears  to  have 
been  considered  more  decent,  and  more  agreeable 
to  the  severity  and  purity  of  ancient  manners,  foi 
women  to  sit,  more  especially  if  many  persons  were 
present.  But,  on  the  other  hand,  we  find  cases  ol 
women  reclining,  where  there  was  conceived  to  be 
nothing  bold  or  indelicate  in  their  posture.  In  some 
of  the  bas-reliefs,  representing  the  visit  of  Bacchus 
to  Icarus,  Erigone,  instead  of  sitting  on  the  couch, 
reclines  upon  it  in  the  bosom  of  her  father.  In  Ju- 
venal3 a  bride  reclines  at  the  marriage-supper  on 
the  bosom  of  her  husband,  which  is  illustrated  by 
the  following  woodcut,  taken  from  Montfaucon.* 


It  seems  intended  to  represent  a  scene  of  perfeoi 
matrimonial  felicity.  The  husband  and  wife  recline 
on  a  sofa  of  rich  materials.  A  three-legged  table  is 
spread  with  viands  before  them.  Their  two  sons 
are  in  front  of  the  sofa,  one  of  them  sitting,  in  the 
manner  above  described,  on  a  low  stool,  and  play- 
ing with  the  dog.  Several  females  and  a  boy  are 
performing  a  piece  of  music  for  the  entertainment 
of  the  married  pair. 

Before  lying  down,  the  shoes  or  sandals  were  ta- 
ken off,  and  this  was  commonly  done  by  the  attend- 
ants.5 In  all  the  ancient  paintings  and  bas-reliefa 
illustrative  of  this  subject,  we  see  the  guests  recli- 
ning with  naked  feet ;  and  in  those  which  contain 
the  favourite  subject  of  the  visit  of  Bacchus  to  Ica- 
rus, we  observe  a  faun  performing  for  Bacchus  this 
office.    The  following  woodcut,  taken  from  a  terra 


jkUumJ^JkJk^M}JjM>M^ 


cotta  in  the  British  Museum,  representing  this  sub 
ject,  both  shows  the  naked  feet  of  Icarus,  who  haj 
partly  raised  himself  from  his  couch  to  welcome  hia 

1.  (Tacit.,  Ann.,  xiii.,  16.- Suet.,  Aug-.,  65.— Claud.,  32.)— 2. 
(Varro,  ap.  Isid.,  Orig.,  xx.,  11.— Val.  Max.,  ii.,  1,  3.)— 3.  (Sat., 
ii.,  120.)— 4.  (Ant.  Expl.  Supp].,  iii..  66.)— 5.  (Terent.    Heaiy 
I.,  i.,  72.) 


COGNATI 


COGNATI. 


guest,  and  also  that  Bacchus  has  one  ol  his  feet  al- 
ready naked,  while  the  faun  is  in  the  act  of  remo- 
ving the  shoe  from  the  other. 

For  an  account  of  Greek  meals,  see  the  article 
Oeipnon. 

CCENA'CULUM.     (Vid.  Ccena.) 

CCENA'TIO.     (Vid.  Ccena.) 

COGNATI.  The  following  passage  of  Ulpian1 
will  serve  as  the  best  introduction  to  the  meaning 
of  this  term,  while  it  shows  on  what  occasions  ques- 
tions involving  cognatio  and  agnatio  arose  : 

"The  hereditates  of  intestate  ingenui  belong  in 
the  first  place  to  their  sui  heredes,  that  is,  children 
who  are  in  the  power  of  the  parent,  and  those  who 
are  in  the  place  of  children  (as  grandchildren,  for 
instance) ;  if  there  are  no  sui  heredes,  it  belongs  to 
the  consanguinei,  tbat  is,  brothers  and  sisters  by 
the  same  father  (it  was  not  necessary  that  they 
should  be  by  the  same  mother) ;  if  there  are  no 
consanguinei,  it  belongs  to  the  remaining  and  near- 
est agnati,  that  is,  to  the  cognati  of  the  male  sex, 
who  trace  their  descent  through  males,  and  are  of 
the  same  familia.  And  this  is  provided  by  the  fol- 
lowing law  of  the  Twelve  Tables  :  '  Si  intestato  mo- 
ritur  cui  situs  heres  nee  cseit,  agnatus  proximus  fa- 
miliam  habef.0.1  " 

The  foundation  of  cognatio  is  a  legal  marriage. 
The  term  cognatus  (with  some  exceptions)  compre- 
hends agnatus :  an  agnatus  may  be  a  cognatus,  but 
a  cognatus  is  only  an  agnatus  when  his  relationship 
ay  blood  is  traced  through  males. 

The  following  will  give  a  correct  notion  of  agna- 
tus and  cognatus.  Familia  means  all  those  free  per- 
sons who  are  in  the  power  of  the  same  paterfamilias, 
or  head  of  a  familia  ;  and  in  this  sense  familia  sig- 
nifies all  the  agnati,  or  all  those  who  are  united  in 
one  body  by  the  common  bond  of  the  patria  potestas. 
The  cognatio,  as  already  said,  was  the  relationship 
of  blood  which  existed  between  those  who  were 
sprung  from  a  common  pair,  and  it  therefore  (with 
some  exceptions)  contained  the  agnatio.  But  legiti- 
mate grandchildren  of  sons  who  were  not  emanci- 
pated were  also  in  the  patria  potestas,  consequently 
formed  part  of  the  familia,  and  were  agnati.  Adopt- 
ed children  were  also  in  the  father's  power,  and,  con- 
sequently, were  agnati,  though  they  were  not  cog- 
nati. The  paterfamilias  maintained  his  power  over 
his  familia  so  long  as  he  lived,  except  over  those 
who  were  emancipated,  or  passed  into  another  fa- 
milia, or  in  any  way  sustained  a  deminutio  capitis. 
On  his  death,  the  common  bond  of  the  patria  potes- 
tas was  dissolved,  and  his  sons  became  respectively 
heads  of  families ;  that  is,  of  persons  who  were  in 
their  power,  or,  with  respect  to  one  another,  were 
agnati.  But  all  these  persons  continued  to  be  mem- 
bers of  the  same  familia ;  that  is,  they  were  still  ag- 
nati, and,  consequently,  the  agnatio  subsisted  among 
persons  so  long  as  they  could  trace  back  their  de- 
scent through  males  to  one  common  paterfamilias. 

Agnati,  then,  are  those  "  who  would  be  in  the  pa- 
tria potestas,  or  in  jus,  as  a  wife  in  manus  viri,  or  in 
the  manus  of  a  son  who  is  in  the  father's  power,  if 
the  paterfamilias  were  alive ;  and  this  is  true  wheth- 
er such  persons  ever  were  actually  so  or  not."2 

We  must  suppose,  then,  in  order  to  obtain  a  clear 
notion  of  agnatio,  that  if  the  person  from  whom  the 
agnati  claim  a  common  descent  were  alive,  and 
they  were  all  in  his  power,  or  in  his  manus,  or  in 
the  manus  of  those  who  are  in  his  power,  they 
would  all  be  agnati.  In  order,  then,  that  agnatio 
may  subsist  between  persons,  the  person  from  whom 
the  descent  is  claimed  must  have  lost  his  patria  po- 
testas by  death  only,  and  not  by  any  capitis  demi- 
nutio, and,  consequently,  not  by  any  of  his  children 
passing  into  any  other  patria  potestas,  or  into  the 

1    (Frag.,  tit.  26,  «  1.)— 2.  (Hugo,  Lehrbuch,  &c.) 


manus  viri,  which  would,  in  effect,  be  passing  inu 
another  agnatio  ;  for  a  person  could  not  at  the  same 
time  be  an  agnatus  of  two  altogether  different  fam- 
ilies. Accordingly,  adoption  destroyed  agnatio,  and 
the  emancipation  of  a  son  by  his  father  took  away 
all  his  rights  of  agnatio,  and  his  former  agnati  lost 
all  their  rights  against  him. 

"  The  patricians,  as  gentiles,  gained  what  others 
lost  as  agnati,  and  they  kept  as  gentiles  what  they 
themselves  lost  as  agnati ;  and  this  strict  doctrine 
of  the  complete  loss  of  the  agnatio  appears,  there- 
fore, to  have  originated  with  them."1 

Persons  of  the  same  blood  by  both  parents  were 
sometimes  called  germani ;  and  consanguinei  were 
those  who  had  a  common  father  only,  and  uterini 
those  who  had  a  common  mother  only. 

vi. 
Tritavus, 
Tritavia. 

6. 


v. 

Atavus, 
Atavia.  - 
5. 

I 
iv.  v. 

— Abpatruus, 
Abavus,  Abamita, 

Abavia.  —  Abavunculus, 
Abmatertera. 
4.  6. 

I 
iii.  iv. 

— Propatruus, 
Proavus,  Proamita, 

Proavia. —   Proavunculus, 
Promatert. — 
5. 


11. 


Avus, 
Avia. 


Pater, 
Mater. 


is  EAVE 

de  cujus 

cognatione 

quaeritur. 


Filius, 
Filia. 

I. 


in. 

— Patruus, 
Amita, 
Avunculus, 
Mater.  Mag. — 
4. 

ii. 
— Patruus, 
Amita, 
Avunculus, 
Matertcra.  — 
3. 

i. 
— F  rater, 
Soror. 

2. 

I 

ii. 

Horuni, 

Filius, 

Filia. 

3. 


iv. 

— Hon- 

Fih 
Filia. 
6. 

iii 

— Propior, 
Sobnno, 
Sobrinave. 
5. 


11.  in 

1 — Consobrinus,'-  rSobrinn 
Consobrina.         Sobria» 


in. 

Horum, 
Filius, 
Filia 
5. 


1 

ii. 
Nepos, 
Neptis. 

2. 

1 

1 

iii. 

Horum, 

Nepos, 

Neptis. 

4. 

1 

1 

iv. 
Horum, 
Nepos, 
Neptis. 

6. 

1 

iii. 
Pronepos, 
Proneptis. 

3. 

| 

1 
iv. 

Horum, 

Pronepos, 

Proneptis. 

5. 

•           1 

IV. 

Abnepos, 
Abneptis. 

4. 
1 

v. 

Horum, 

Abnepos, 

Abneptis 

6 

1 
v. 

Atnepos. 

Atneptis. 

5. 

1 

1 

vi. 
Trinepos, 
Trineptis. 

6. 

1.  (Hugo,  I 

ehrbuch,  Ac.) 

277 


COLLEGIUM. 


COLLEGIUM. 


This  table  shows  all  the  degrees  of  cognatio  in 
the  Roman  law,  and,  of  course,  also  the  degrees  of 
agnatic  The  degree  of  relationship  of  any  given 
person  in  this  stemma,  to  the  person  with  respect 
to  whom  the  relationship  is  inquired  after  (is  eave, 
&c),  is  indicated  by  the  figures  attached  to  the  sev- 
eral words.  The  Roman  numerals  denote  the  de- 
gree of  cognatio  in  the  canon  law,  and  the  Arabic 
numerals  the  degrees  in  the  Roman  or  civil  law. 
The  latter  mode  of  reckoning  is  adopted  in  England, 
in  ascertaining  the  persons  who  are  entitled  as  next 
of  kin  to  the  personal  estate  of  an  intestate.  It  will 
be  observed,  that  in  the  canon  law,  the  number 
which  expresses  the  collateral  degree  is  always  the 
greater  of  the  two  numbers  (when  they  are  differ- 
ent) which  express  the  distance  of  the  two  parties 
from  the  common  ancestor ;  but  in  the  civil  law, 
the  degree  of  relationship  is  ascertained  by  count- 
ing from  either  of  the  two  persons  to  the  other 
through  the  common  ancestor.  All  those  words  on 
which  the  same  Roman  or  the  same  Arabic  numer- 
als occur,  represent  persons  who  are  in  the  same 
degree  of  cognatio,  according  to  these  respective 
laws,  to  the  person  is  eave,  &C.1 

CO'GNITOR.     (Vid.  Actio.) 

COGNO'MEN.     (Vid.  Nomen.) 

COHORS.     (Vid.  Army,  Roman,  p.  104.) 

*COIX  (ko'l(),  a  species  of  Egyptian  Palm-tree, 
of  the  leaves  of  which  matting  and  baskets  were 
made.  Stackhouse  sets  it  down  for  the  Co'ix  lach- 
ryma  Jobi.  Bauhin  mentions  that  some  had  taken 
it  for  a  species  of  Lithospermum.  The  term  icvaac. 
in  Theophrastns,  out  of  which  some  would  make 
the  Cycas  revoluta,  or  Japanese  Sago-palm,  is  mere- 
ly the  accusative  plural  for  Koimc,  from  noli;,  just 
as  some  read  cycas  for  co'icas  in  Pliny.3 

*COL'CHICUM  (ko%xm6v),  the  Meadow  Saffron, 
or  Colchicum  Autumnale.  Pliny3  merely  mentions 
it  as  a  poisonous  plant,  but  Alexander  of  Tralles,  a 
physician  of  the  sixth  century,  prescribes  it  in  cases 
of  gout,  in  which,  as  also  in  the  rheumatism  and 
neuralgic  affections,  it  is  still  found  a  valuable  med- 
icine at  the  present  day.  The  celebrated  specific 
for  gout,  known  by  the  name  of  Eau  Medicinale 
d 'Hyssop,  is  said  to  be  the  vinous  infusion  of  Col- 
chicum. Indeed,  the^vinous  infusion  of  this  plant 
has  been  recommended  in  cases  of  gout  by  Sir 
Everard  Home.  It  very  rarely  fails  in  such  com- 
plaints to  break  up  the  paroxysm,  sometimes  acting 
on  the  bowels,  at  other  times  on  the  kidneys  and 
skin,  and  often  without  any  apparent  accompanying 
effect.  It  is  but  right  to  state,  however,  that  the 
most  judicious  writers  on  gout  consider  it  a  danger- 
ous medicine  ultimately.*  (Vid.  Ephemeron  and 
Hermodactylus.) 

COLLA'TIO  BONO'RUM.    (Vid.  BonorumCol- 

&ATIO.) 

COLLE'GIUM.  The  persons  who  formed  a  col- 
legium were  called  collegae  or  sodales.  The  word 
collegium  properly  expressed  the  notion  of  several 
persons  being  united  in  any  office  or  for  any  com- 
mon purpose  ,5  it  afterward  came  to  signify  a  body 
of  persons,  and  the  union  which  bound  them  togeth- 
er.    The  collegium  was  the  iratpla  of  the  Greeks. 

The  legal  notion  of  a  collegium  was  as  follows  : 
A  collegium  or  corpus,  as  it  was  also  called,  must 
consist  of  three  persons  at  least.6  Persons  who 
legally  formed  such  an  association  were  said  corpus 
habere,  which  is  equivalent  to  out  phrase  of  being 
incorporated  ;  and  in  latei  times  they  were  said  to 
be  corporati,  and  the  body  was  called  a  corporatio. 

1.  (Hugo,  Lehrbuch,  &c. — Marezoll,  Lehrbuch,  &c. — Dig-.  38, 
tit.  10,  De  Gradibus,  &c— Ulp.,  Frag.,  cd.  Booking.)—  2.  (Theo- 
phrast.,  H.  P.,  i.,  16  ;  ii.,  8.— Plin.,  H.  N.,  xiii.,  4.— Billerbeck, 
Flora  Classica,  p.  228.)— 3.  (H.  N.,  xxviii.,  9.) — 4.  (Macauley, 
Med.  Diet.,  p.  137.)—  5.  (Liv.,  x.,  13,  22.— Tacit  Ann.,  iii., 
31  ^—6.  (Dig.  50,  tit.  16,  s.  85.) 
278 


Those  who  farmed  the  public  revenues,  mines,  u: 
salt-works  (salince)  might  have  a  corpus.  The 
power  of  forming  such  a  collegium  or  societas  (for 
this  term  also  was  used)  was  limited  by  various 
leges,  senatus  consulta,  and  imperial  constitutions.' 
Associations  of  individuals,  who  were  entitled  to 
have  a  corpus,  could  hold  property  in  common ; 
they  could  hold  it,  as  the  Roman  jurists  remark, 
just  as  the  state  held  property  (res  communes). 
These  collegia  had  a  common  chest,  and  could  sue 
and  be  sued  by  their  syndicus  or  actor.  Such  a 
body,  which  was  sometimes  also  called  a  universi- 
tas,  was  a  legal  unity.  That  which  was  due  to  the 
body  was  not  due  to  the  individuals  of  it,  and  that 
which  the  body  owed  was  not  the  debt  of  the  indi- 
viduals. The  common  property  of  the  body  was 
liable  to  be  seized  and  sold  for  the  debts  of  the 
body.  The  collegium  or  universitas  was  governed 
by  its  own  regulations,  which  might  be  any  regula- 
tions that  the  body  agreed  upon,  provided  they  were 
not  contrary  to  law:  this. provision,  as  Gaius  con- 
jectures,2 was  derived  from  a  law  of  Solon,  which 
he  quotes.  The  collegium  still  subsisted,  though  all 
the  original  members  were  changed  :  it  had,  as  our 
law  expresses  it,  perpetual  succession.  Thus  it  ap- 
pears that  the  notion  of  a  collegium  is  precisely  that 
of  our  modern  incorporations,  the  origin  of  which  is 
clearly  traceable  to  these  Roman  institutions.    . 

A  lawfully  constituted  collegium  was  legitimum. 
Associations  of  individuals,  which  affected  to  act  as 
collegia,  but  were  forbidden  by  law,  were  called 
illicita. 

It  does  not  appear  how  collegia  were  formed,  ex- 
cept that  some  were  specially  established3  by  legal 
authority.*  Other  collegia  were  probably  formed 
by  voluntary  associations  of  individuals,  under  the 
provisions  of  some  general  legal  authority,  such  as 
those  of  the  publicani.  This  supposition  would  ac- 
count for  the  fact  of  a  great  number  of  collegia 
being  formed  in  the  course  of  time,  and  many  of 
them  being  occasionally  suppressed  as  not  legitima 

Some  of  these  corporate  bodies  resembled  our 
companies  or  guilds  ;  such  were  the  fabrorum,  pis- 
torum,  &c,  collegia.  Others  were  of  a  religious 
character ;  such  as  the  pontificum,  augurum,  fra- 
trum  arvalium  collegia.  Others  were  bodies  con- 
cerned about  government  and  administration  ;  as 
tribunorum  plebis,5  quaestorum,  decurionum  colle- 
gia. The  titles  of  numerous  other  collegia  may  be 
collected  from  the  Roman  writers  and  from  inscrip- 
tions. 

According  to  the  definition  of  a  collegium,  the 
consuls,  being  only  two  in  number,  were  not  a  colle- 
gium, though  each  was  called  collega  with  respect 
to  the  other,  and  their  union  in  office  was  called 
collegium.  It  does  not  appear  that  the  Romans 
ever  called  the  individual  who,  for  the  time,  filled 
an  office  of  perpetual  continuance,  a  universitas  or 
collegium  :  a  kind  of  contradiction  in  terms,  which 
it  has  been  reserved  for  modern  times  to  introduce, 
under  the  name  of  a  corporation  sole.  But  the  no- 
tion of  a  person  succeeding  to  all  the  property  and 
legal  rights  of  a  predecessor  was  familiar  to  the 
Romans  in  the  case  of  a  heres,  who  was  said  to 
take  per  universitatem,  and  the  same  notion,  no 
doubt,  always  existed  with  respect  to  individuals 
who  held  any  office  in  perpetual  succession. 

According  to  Ulpian,  a  universitas,  though  re- 
duced to  a  single  member,  was  still  considered  a 
universitas  ;  for  the  individual  possessed  all  the 
rights  which  once  belonged  to  the  body,  and  the 
name  by  which  it  was  distinguished. 

When  a  new  member  was  taken  into  a  collegi- 


1.  (Dig.  3,  tit.  4.)— 2.  (Dig.  47,  tit.  22.)-3.  (Liv.,  v.,  50.  52.) 
(Liv.,  v.,  50,  52.— Suet  ,  Ju1 ,  42— Octav.,  32.— Dig.  3,  tit 
4,  s.  1.)— 5.  (Liv.,  42,  32.) 


COLOCASIA. 


COLONIA. 


am,  he  was  said  co-optari,  and  the  old  memhers 
were  said  with  respect  to  him,  recipere  in  collegium. 
The  mode  of  filling  up  vacancies  would  vary  in  dif- 
ferent collegia.  The  statement  of  their  rules  be- 
longs to  the  several  heads  of  Augur,  &c,  which 
are  treated  of  in  this  work. 

Civitates,  and  res  publicae  (civil  communities),  and 
municipia  (in  the  later  sense  of  the  term)  were 
viewed,  in  a  manner,  as  corporations,  though  they 
•  were  not  so  called  :  they  could  have  property  in 
common,  and  in  some  respects  act  as  corporations; 
but  they  do  not  seem  ever  to  have  been  legally  con- 
sidered as  corporations,  because  they  consisted  of 
an  indeterminate  number  of  individuals. 

According  to  Pliny,1  res  publicae  and  municipia 
could  not  take  as  heres  ;  and  the  reason  given  is, 
that  they  were  a  corpus  incertum,  and  so  could  not 
centre  heredilalcm ;  that  is,  do  those  acts  which  a 
heres  must  do  in  order  to  show  that  he  consents  to 
be  a  heres.  TJniversitates,  generally,  are  also  con- 
sidered by  modern  writers  to  be  within  this  rule, 
though  they  are  clearly  not  within  the  reason  of  it ; 
for  a  collegium,  which  consisted  of  a  determined 
number  of  individuals,  was  no  more  a  corpus  incer- 
tum than  any  other  number  of  ascertained  individu- 
als, and  all  that  could  possibly  be  required  of  them 
would  be  the  consent  of  all.  Municipia  could,  how- 
ever, acquire  property  by  means  of  other  persons, 
whether  bond  or  free  ;2  and  they  could  take  fidei- 
commissa  under  the  senatus  consultum  Aproniaunm 
which  was  passed  in  the  time  of  Hadrian,  and  ex- 
tended to  licita  collegia  in  the  time  of  M.  Aurelius.* 
By  another  senatus  consultum,  the  liberti  of  munici- 
pia might  make  the  municipes  their  heredes."  The 
gods  could  not  be  made  heredes,  except  such  deites 
as  possessed  this  capacity  by  special  senatus  con- 
sulta  or  imperial  constitutions,  such  as  Jupiter  Tar- 
peius,  etc.*  By  a  constitution  of  Leo,5  civitates 
eould  take  property  as  heredes.  In  the  time  of 
Pa»ilus  (who  wrote  between  the  time  of  Caracalla 
and  Alexander  Severus),  civitates  could  take  lega- 
cies of  particular  kinds. 

Though  civitates  within  the  Roman  Empire  could 
not  receive  gifts  by  will,  yet  independent  states 
could  receive  gifts  in  that  way,  a  case6  which  fur- 
nishes no  objections  to  the  statement  above  made 
by  Pliny  and  Ulpian.  In  the  same  way,  the  Roman 
state  accepted  the  inheritance  of  Attalus,  king  of 
Pergamus,  a  gift  which  came  to  them  from  a  for- 
eigner. The  Roman  lawyers  considered  such  a 
gift  to  be  accepted  by  the  jus  gentium. 

*COLOCA'SIA  and  -IUM  (Koloxaoia  and  -lov), 
the  edible  root  of  the  Egyptian  Bean  (nvafioc  6  ki- 
yi-TLoc).    It  grew,  according  to  Dioscorides,7  chiefly 
in  Egypt,  but  was  found  also  in  the  lakes  of  Asia. 
"  It  has  leaves," says  the  same  authority,  "as  large 
as  a  petasus  ;  a  stalk  a  cubit  in  length,  and  of  the 
thickness  of  a  finger  ;  a  rosaceous  flower  twice  as 
large  as  a  poppy.    When  the  flower  goes  off,  it  bears 
husks  like  little  bags,  in  which  a  small  bean  appears 
beyond  the  lid,  in  the  form  of  a  bottle,  which  is 
called  ciborion  or  cibotion  (ia6upiov  fj  kc6cjtiov),  i.  e., 
a  little  coffer  or  ark,  because  the  bean  is  sown  on 
the  moist  earth,  and  so  sinks  into  the  water.     The 
root  is  thicker  than  a  reed  ;  it  is  eaten  both  raw 
and  boiled,  and  is  called  Colocasia.    The  bean  is  eat- 
en green,  and  when  it  is  dried  it  turns  black,  and  is 
larger  than  the  Greek  Bean."8    Theophrastus,  in 
the  account  which  he  gives  of  the  Egyptian  Bean, 
does  not  in  the  least  hint,  as  Martyn  remarks,  that 
any  part  of  the  plant  was  called  Colocasia  ;  Pliny,9 
however,  agrees  with  Dioscorides  in  making  them 


1.  (Ep.,  v..  7.— Ulp.,  Frag.,  tit.  22,  s.  5.)— 2.  (Dig.  41,  tit.  2, 
s.  1,  $  22.)— 3.  (Dig.  34,  tit.  5,  s.  21.)— 4.  (Ulp.,  Fragm.,  tit.  22, 
r.  t>.)-5.  (Cod.  C.  tit.  24,  s.  12.)— 6.  (Tacit.,  Ann.,  iv.,  43.)— 7. 
fti     126.)— 8.  ill.  P..  iv  .  4.)— 9.  (II.  N.,  xxi.,  15.) 


the  same.  He  mentions  the  stalk  as  the  part  thai 
is  eaten  ;  says  the  Egyptians  used  the  leaves  to 
drink  out  of;  and  adds,  that  in  his  time  it  was  plant- 
ed in  Italy.  "  Prosper  Alpinus,  in  his  work  De 
Plantis  Mgypti,  assures  us  that  the  modern  JEgyp 
tian  name  of  this  plant  is  Culcas,  which  the  Greek 
writers  might  easily  change  to  the  more  agreeable 
sound  of  Colocasia.  He  says  no  plant  is  bettei 
known,  or  is  in  more  use  among  them,  the  root  of 
it  being  eaten  as  commonly  as  turnips  among  us. 
The  Colocasia  began  to  be  planted  in  Italy  in  Vir- 
gil's time  ;  and  when  the  fourth  Eclogue  of  that 
poet  (in  which  mention  is  made  of  it)  was  written, 
it  was  a  rarity  newly  brought  from  ^Egypt,  and 
therefore  the  Mantuan  bard  speaks  of  its  growing 
commonly  in  Italy  as  one  of  the  glories  of  the  gold- 
en age  which  was  now  expected  to  return."1  For 
farther  information  respecting  the  Colocasia,  the 
reader  is  referred  to  Fee's  Flore  de  Virgile.  Ac- 
cording to  this  last-mentioned  writer,  the  ancients 
frequently  confounded  the  Nymphaa  Lotus  and  the 
Arum  Colocasia  under  the  common  name  of  Coloca- 
sium. 

*COLOCYNTHE  (noloKvvdri,  -6a,  and-r??),  the 
Gourd.  ;'  Even  in  the  days  of  Athenaeus,"2  says 
Adams,  "  the  savans  complained  of  the  difficulty  of 
distinguishing  the  summer  fruits  from  one  another, 
owing  to  the  confusion  of  names  which  had  taken 
place  among  the  authors  who  had  treated  of  them. 
Thus  Nicander  applied  the  term  acKva  to  what  was 
the  KoAoKvvfia  of  later  writers  ;  and  it  is  farther  de- 
serving of  remark,  that  Galen  applies  the  term  cik- 
voc  to  the  KohoKwda  of  Dioscorides,  i.  e.,  to  the  Cu- 
cumis  sativus,  or  common  Cucumber,  and,  conse- 
quently, his  (Galen's)  koIouvvOt]  was  the  Cucurbita, 
or  Gourd.  In  this  sense  I  am  inclined  to  think  the 
terms  ciavoc  and  ko?*okvv6t}  are  generally  used  by 
the  writers  on  Dietetics,  namely,  the  former  is  the 
Cucumber,  and  the  latter  the  Gourd  of  English  gar- 
deners.3 Theophrastus  did  not  define  accurately 
the  character  of  his  koXokvvOtj,  and,  indeed,  accord- 
ing to  Athenaeus,  he  described  several  species  of  it. 
I  can  scarcely  believe,  however,  that  he  generally 
applied  it  to  the  Cucumis  Colocynthis,  i.  e.,  the  Col- 
oquintida,  or  Bitter  Apple,  as  Stackhouse  repre- 
sents."1' 

•COLOCYNTHIS  (Kolonwdic),  I.  The  Bitter 
Apple  (Coloquintida).  or  Cucumis  C  tocynthis.5 — II. 
The  common  Cucumber,  or  Cucumis  sativus.6 

*COLIAS  (noliac),  the  name  of  a  small  Fish, 
mentioned  by  Pollux,  Aristotle,  Athenaeus,  and 
.-Elian.  It  would  appear  to  have  been  a  variety  of 
the  Mackerel,  or  Scomber  scomber."1 

*COLOIOS  {noloioe).  {Vid.  Graculus.) 
COLO'NI.  {Vid.  Prjedium.) 
COLO'NIA.  This  word  contains  the  same  ele- 
ment as  the  verb  colere,  "  to  cultivate,"  and  as  the 
word  colonus,  which  probably  originally  signified  a 
"  tiller  of  the  earth."  The  English  word  colony, 
which  is  derived  from  the  Latin,  perhaps  expresses 
the  notion  contained  in  this  word  more  nearly  than 
is  generally  the  case  in  such  adopted  terms. 

A  kind  of  colonization  seems  to  have  existed 
among  the  oldest  Italian  nations,  who,  on  certain 
occasions,  sent  out  their  superfluous  male  popula- 
tion, with  arms  in  their  hands  {iepa  veorrjc),  to  seek 
for  a  new  home.8  But  these  were,  apparently,  mere 
bands  of  adventurers,  and  such  colonies  rather  re- 
sembled the  old  Greek  colonies  than  those  by  which 
Rome  extended  her  dominion  and  her  name. 

Colonies  were  established  by  the  Romans  as  faT 
back  as  the  annals  or  traditions  of  the  city  extend, 

1.  (Virgil,  Eclog..  iv.,  20.— Martyn,  ad  lcc.)—  2.  (ix.,  c.  14.)— 
3.  (Adams,  Commentary  on  Paul  of  ^Etrina,  p.  103.) — 4    (Ad- 
ams, Append.,  s.  v.) — 5.  (Dioscor.,  jv.,  175. — Galen,  De  Simpl, 
vii.)  — 6.  (Hippocr.,  Affect.)  —  7.  (Adams,   Append.,  s.  v.) — 8 
I  (Dionys.  Hal.,  Antiq.  Rom.,  i.,  16.) 

279 


COLONIA. 


COLONIA 


and  the  practice  was  continued,  without  intermis- 
sion, during  the  Republic  and  under  the  Empire. 
Sigonius1  enumerates  six  main  causes  or  reasons 
which,  from  time  to  time,  induced  the  Romans  to 
send  out  colonies  ;  and  these  causes  are  connected 
with  many  memorable  events  in  Roman  history. 
Colonies  were  intended  to  keep  in  check  a  conquer- 
ed people,  and  also  to  repress  hostile  incursions,  as 
in  the  case  of  the  colony  of  Narnia,2  which  was 
founded  to  check  the  Umbri ;  and  Minturnse  and 
Sinuessa,3  Cremona  and  Placentia,4  which  were 
founded  for  similar  purposes.  Cicero5  calls  the 
old  Italian  colonies  the  "  propugnacula  imperii ;" 
and  in  another  passage6  he  calls  Narbo  Martius 
(Narbonne),  which  was  in  the  provincia  Gallia, 
"  Colonia  nostrorum  civium,  specula  populi  Romani 
et  propugnaculum."  Another  object  was  to  in- 
crease the  power  of  Rome  by  increasing  the  popu- 
lation.7 Sometimes  the  immediate  object  of  a  col- 
ony was  to  carry  off  a  number  of  turbulent  and  dis- 
contented persons.  Colonies  were  also  established 
for  the  purpose  of  providing  for  veteran  soldiers,  a 
practice  which  was  begun  by  Sulla,  and  continued 
under  the  emperors :  these  colonise  were  called  mil- 
itares. 

It  is  remarked  by  Strabo,8  when  speaking  of  the 
Roman  colonies  in  the  north  of  Italy,  that  the  an- 
cient names  of  the  places  were  retained,  and  that, 
though  the  people  in  his  time  were  all  Roman,  they 
were  called  by  the  names  of  the  previous  occupiers 
of  the  soil.  This  fact  is  in  accordance  with  the 
character  of  the  old  Roman  colonies,  which  were 
in  the  nature  of  garrisons  planted  in  conquered 
towns,  and  the  colonists  had  a  portion  of  the  con- 
quered territory  (usually  a  third  part)  assigned  to 
them.  The  inhabitants  retained  the  rest  of  their 
lands,  and  lived  together  with  the  new  settlers,  who 
alone  composed  the  proper  colony.9  The  conquer- 
ed people  must  at  first  have  been  quite  a  distinct 
class  from,  and  inferior  to,  the  colonists.  The  defi- 
nition of  a  colonia  by  Gellius10  will  appear,  from  what 
has  been  said,  to  be  sufficiently  exact :  "  Ex  civitatc 
quasi  propagatcz — populi  Romani  quasi  effigies  parvcz 
iimulacraqut.'1'' 

No  colonia  was  established  without  a  lex,  plebis- 
citum,  or  senatus  consultum  ;  a  fact  which  shows 
that  a  Roman  colony  was  never  a  mere  body  of  ad- 
venturers, but  had  a  regular  organization  by  the  pa- 
rent state,  ac  wording  to  an  ancient  definition  quo- 
ted by  Niebuhr,11  a  colony  is  a  body  of  citizens,  or 
socii,  sent  out  to  possess  a  commonwealth,  with  the 
approbation  of  their  own  state,  or  by  a  public  act  of 
that  people  to  whom  they  belong;  and  it  is  added, 
those  are  colonies  which  are  founded  by  public  act, 
not  by  any  secession.  Many  of  the  laws  which  re- 
late to  the  establishment  of  coloniae  were  leges  agra- 
rian, or  laws  for  the  division  and  assignment  of  pub- 
lic lands,  of  which  Sigonius  has  given  a  list  in  his 
work  already  referred  to. 

When  a  law  was  passed  for  founding  a  colony, 
persons  were  appointed  to  superintend  its  forma- 
tion (co.oniam  deducere).  These  persons  varied  in 
number,  but  three  was  a  common  number  (trium- 
viri ad  colonos  deducendos12).  We  also  read  of  du- 
umviri, quinqueviri,  vigintiviri  for  the  same  pur- 
pose. The  law  fixed  the  quantity  of  land  that  was 
to  be  distributed,  and  how  much  was  to  be  assigned 
to  each  person.  No  Roman  could  be  sent  out  as  a 
colonist  without  his  free  consent,  and  when  the 
colony  ^as  not  an  inviting  one,  it  was  difficult  to 
fill  up  the  number  of  volunteers.13 


1  (De  Antiquo  Jure  Italiae,  p.  215,  &c.) — 2.  (Liv.,  x.,  10.) — 
3.  (x.,  21.)— 4.  (xxxvii.,  46.)— 5.  (2  De  Leg.  Agr.,  c.  27.)— 6. 
(Pro  Font.,  c.  1.)— 7.  (Liv.,  xxvii.,  9.)— 8.  (p.  210,  ed.  Casaub.) 

-9.  (Dionys.,  Antiq.  Roman.,  ii.,  53.) — 10.  (xvi.,  13.) — 11.  (Serv. 
ad  JEa.,  i.,  12.)— 12.  (Liv.,  xxxvn.,  46.)— 13.  (Liv.,  x.,  21.) 
2^0 


Roman  citizens  who  were  willing  to  go  out  as 
membeis  of  a  colony  gave  in  their  names  at  Rome. 
Cicero1  says  that  Roman  citizens  who  chose  to 
become  members  of  a  Latin  colony  must  go  volun- 
tarily (auclores  facti),  for  this  was  a  capitis  deminu- 
tio  ;  and  in  another  passage8  he  adeges  the  fact  ot 
Roman  citizens  going  out  in  Latin  colonies  as  a 
proof  that  loss  of  civitas  must  be  a  voluntary  act. 
it  is  true  that  a  member  of  a  Roman  colony  would 
sustain  no  capitis  deminutio,  but  in  this  case,  also, 
there  seems  no  reason  for  supposing  that  he  evei 
joined  such  a  colony  without  his  consent. 

The  colonia  proceeded  to  its  place  of  destination 
in  the  form  of  an  army  (sub  vexillo),  which  is  indi- 
cated on  the  coins  of  some  colonian.  An  urbs,  if 
one  did  not  already  exist,  was  a  necessary  part  of 
a  new  colony,  and  its  limits  were  marked  out  by  a 
plough,  which  is  also  indicated  on  ancient  coins. 
The  colonia  had  also  a  territory,  which,  whether 
marked  out  by  the  plough  or  not,3  was  at  least 
marked  out  by  metes  and  bounds.  Thus  the  urbs 
and  territory  of  the  colonia  respectively  corre- 
sponded to  the  urbs  Roma  and  its  territory.  Reli- 
gious cerpmonies  always  accompanied  the  founda- 
tion of  th»>  colony,  and  the  anniversary  was  after 
ward  observed.  It  is  stated  that  a  colony  could 
not  be  sent  out  to  the  same  place  to  which  a  colon} 
had  already  been  sent  in  due  form  (auspicato  deduc- 
ta).  This  merely  means  that,  so  long  as  the  colony 
maintained  its  existence,  there  could  be  no  new 
colony  in  the  same  place ;  a  doctrine  that  would 
hardly  need  proof,  for  a  new  colony  implied  a  new 
assignment  of  lands  ;  but  new  settlers  (novi  adscrip- 
ti)  might  be  sent  to  occupy  colonial  lands  not  al- 
ready assigned.*  Indeed,  it  was  not  unusual  for  a 
colony  to  receive  additions  ;f  and  a  colony  might 
be  re-established,  if  it  seemed  necessary  from  any 
cause  ;  and  under  the  emperors  such  re-establish- 
ment might  be  entirely  arbitrary,  and  done  to  gratify 
personal  vanity,  or  from  any  other  motive.6 

The  commissioners  appointed  to  conduct  the  col- 
ony had  apparently  a  profitable  office,  and  the  es- 
tablishment of  a  new  settlement  gave  employment 
to  numerous  functionaries,  among  whom  Cicero 
enumerates  apparitores,  scribae,  librarii,  praecones, 
architecti.  The  foundation  of  a  colony  might  then, 
in  many  cases,  not  only  be  a  mere  party  measure, 
carried  for  the  purpose  of  gaining  popularity,  but  it 
would  give  those  in  power  an  opportunity  of  provi 
ding  places  for  many  of  their  friends. 

A  colonia  was  a  part  of  the  Roman  state,  and  it 
had  a  respublica ;  but  its  relation  to  the  parent  state 
might  vary.  In  Livy7  the  question  was,  whether 
Aquileia  should  be  a  colonia  civium  Romanorum  or 
a  Latina  colonia ;  a  question  that  had  no  reference 
to  the  persons  who  should  form  the  colony,  but  to 
their  political  rights  with  respect  to  Rome  as  mem- 
bers of  tne  colony.  The  members  of  a  Roman  col- 
ony (colonia  civium  Romanorum)  must,  as  the  term 
itself  implies,  have  always  had  the  same  rights, 
which,  as  citizens,  they  w7ould  have  had  at  Rome. 
They  were,  as  Niebuhr  remarks,  in  the  old  Roman 
colonies,  "  the  populus ;  the  old  inhabitants,  the 
commonalty."  These  two  bodies  may,  in  course 
of  time,  have  frequently  formed  one ;  but  there 
could  be  no  political  union  between  them  till  the  old 
inhabitants  obtained  the  commercium  and  connubi- 
um,  in  other  words,  the  civitas  ;  and  it  is  probable 
that,  among  the  various  causes  which  weakened 
the  old  colonies,  and  rendered  new  supplies  of  col- 
onists necessary,  we  should  enumerate  the  want  of 
Roman  women ;  for  the  children  of  a  Roman  were 

1.  (Pro  Dom.,  c.  30.)— 2.  (Pro  C<ecin.,  33.)— 3.  (Cic,  Phil., 
ji.5  40.)— 4.  (Cic,  Phil.,  ii.,  40.)— 5.  (Tacit.,  Ann.,  xiv.,  27.)— 
6.  (Tacit.,  Ann.,  xiv.,  27,  Puteoli  ;  and  tho  *H;te  -n  Ob«jrIia'« 
Tacitus.) — 7.  (xxxix.,  55.) 


COLONIA 


COLOi.JA. 


not  Roman  citizens  unless  his  wife  was  a  Roman, 
or  unless  she  belonged  to  a  people  with  which  there 
was  connubium. 

It  is  important  to  form  a  precise  notion  of  the  re- 
lation of  an  ancient  Roman  colonia  to  Rome.  That 
the  colonists,  as  already  observed,  had  all  the  rights 
of  Roman  citizens,  is  a  fact  capable  of  perfect  dem- 
onstration ;  though  most  writers,  following  Sigoni- 
us,  have  supposed  that  Roman  citizens,  by  becoming 
members  of  a  Roman  colony,  lost  the  suffragium 
and  honores,  and  did  not  obtain  them  till  after  the 
passing  of  the  Julian  law.  Such  an  opinion  is  in- 
consistent with  the  notion  of  Roman  citizenship, 
which  was  a  personal,  not  a  local  right ;  and  it  is 
also  inconsistent  with  the  very  principle  of  Roman 
polity  apparent  in  the  establishment  of  Roman  col- 
onies. Farther,  the  loss  of  the  suffragium  and 
honores  would  have  been  a  species  of  capitis  demi- 
nutio  ;  aud  it  is  clear,  from  what  Cicero  says  of  the 
consequences  of  a  Roman  voluntarily  joining  a  Latin 
colony,  tint  no  such  consequences  resulted  from 
becoming  .1  member  of  a  Roman  colony.  If  a  Ro- 
man ever  became  a  member  of  a  Roman  colony 
without  bin  consent,  it  must  have  been  in  the  early 
ages  of  thr?  state,  when  the  colonies  still  retained 
their  garrison  character,  and  to  join  a  colony  was  a 
kind  of  military  service  ;  but  such  a  duty  to  protect 
the  state,  instead  of  implying  any  loss  of  privilege, 
justifies  quite  a  different  conclusion. 

It  is  somewhat  more  difficult  to  state  what  was 
the  condition  of  those  conquered  people  among 
whom  the  Romans  sent  their  colonists.  They 
were  not  Roman  citizens,  nor  yet  were  they  socii ; 
still  they  were,  in  a  sense,  a  part  of  the  Roman 
state,  a'id  in  a  sense  they  were  cives,  though  cer- 
tainly they  had  not  the  suffragium,  and,  perhaps, 
originally  not  the  connubium.  It  is  probable  that 
they  had  the  commercium,  but  even  this  is  not  cer- 
tain. They  might  be  a  part  of  the  Roman  civitas 
without  being  cives,  and  the  difficulty  of  ascertain- 
ing their  precise  condition  is  increased  by  the  cir- 
cumstance of  the  word  civitas  being  used  loosely 
by  the  Rorian  writers.  If  they  were  cives  in  a 
sense,  this  word  imported  no  privilege ;  for  it  is 
certain  that,  by  being  incorporated  in  the  Roman 
state  as  a  conquered  people,  they  lost  all  power  of 
administering  their  own  affairs,  and  obtained  no 
share  in  the  administration  of  the  Roman  state  ; 
they  had  not  the  honourable  rank  of  socii,  and  they 
were  subject  to  military  service  and  taxation.  They 
lost  all  jurisd  sctio,  and  it  is  probable  that  they  were 
brought  entirely  within  the  rules  and  procedure  of 
the  Roman  law,  so  far  as  that  was  practicable. 
Even  the  commercium  and  connubium  with  the 
people  of  their  own  stock  were  sometimes  taken 
from  them,1  and  thus  they  were  disunited  from  their 
own  nation,  and  made  a  part  of  the  Roman  state. 
So  far,  then,  was  the  civitas  (without  the  suffragi- 
um) from  being  always  a  desirable  condition,  as 
some  writers  have  supposed,  that  it  was,  in  fact, 
the  badge  of  servitude ;  and  some  states  even  pre- 
ferred their  former  relation  to  Rome  to  being  in- 
corporated with  it  as  complete  citizens.  It  appears 
that,  in  some  cases  at  least,  a  praefectus  juri  dicun- 
do  was  sent  from  Rome  to  administer  justice  among 
the  conquered  people,  and  between  them  and  the 
coloni.  It  appears,  also,  to  be  clearly  proved,  by 
numerous  instances,  that  the  condition  of  the  con- 
quered people  among  whom  a  colony  was  sent  was 
not  originally  always  the  same  ;  something  depend- 
ed on  the  resistance  of  the  people,  and  the  temper 
of  the  Romans  at  the  time  of  the  conquest  or  sur- 
render. Thus  the  conquered  Italian  towns  might 
originally  have  the  civitas  in  different  degrees,  until 
they  finally  obtained  the  complete  civitas  by  receiv- 


ing the  suffragium  ;  some  of  them  obtained  it  befuif 
the  social  war,  and  others  by  the  Julian  law. 

The  nature  of  a  Latin  colony  will  appear  suffi- 
ciently from  what  is  said  here,  and  in  the  article 
Civitas. 

Besides  these  coloniae  there  were  colonise  Italic) 
juris,  as  some  writers  term  them;  but  which,  in 
fact,  were  not  colonies.  Sigonius,  and  most  sub- 
sequent writers,  have  considered  the  jus  Italicum 
as  a  personal  right,  like  the  civitas  and  Latinitas ; 
but  Savigny  has  shown  it  to  be  quite  a  different 
thing.  The  jus  Italicum  was  granted  to  favoured 
provincial  cities  ;  it  was  a  grant  to  the  community, 
not  to  the  individuals  composing  it.  This  right 
consisted  in  quiritarian  ownership  of  the  soil  (com- 
mercium), and  its  appurtenant  capacity  of  mancipa- 
tio,  usucapion,  and  vindicatio,  together  with  freedom 
from  taxes ;  and  also  in  a  municipal  constitution, 
after  the  fashion  of  the  Italian  towns,  with  duum- 
viri, quinquennales,  aediles,  and  a  jurisdictio.  Many 
provincial  towns,  which  possessed  the  jus  Italicum, 
have  on  their  coins  the  figure  of  a  standing  Silenus, 


Xx 


I.  (Liv.,  ix.,  43  ;  viii.,  14.) 


IMP.   II.   IYI,.  PUIL1PP.  JEL.  MVXICIP.  CO. 

Philip,  A.D.  243-249.      Coela  or  Ccelos  (Plm., 

iv,  11,  12)  in  theThra- 
cian  Chersonesus. 

with  the  hand  raised,  which  was  the  peculiur  sym- 
bol of  municipal  liberty.  Pliny1  has  mentioned 
several  towns  that  had  the  jus  Italicum  ;  and  Lug- 
dunum,  Vienna  (in  Dauphine),  and  colonia  Agrippi- 
nensis  had  this  privilege.  It  follows,  from  the  nature 
of  this  privilege,  that  towns  which  had  the  Latinitas 
or  the  civitas,  which  was  a  personal  privilege, 
might  not  have  the  jus  Italicum ;  but  the  towns 
which  had  the  jus  Italicum  could  hardly  be  any 
other  than  those  which  had  the  civitas  or  Latinitas, 
and  we  cannot  conceive  that  it  was  ever  given  to  a 
town  of  Peregrini. 

The  colonial  system  of  Rome,  which  originated 
in  the  earliest  ages,  was  peculiarly  well  adapted  to 
strengthen  and  extend  her  power :  "  By  the  colo- 
nies the  empire  was  consolidated,  the  decay  of 
population  checked,  the  unity  of  the  nation  and  of 
the  language  diffused."2  The  countries  which  the 
Romans  conquered  within  the  limits  of  Italy  were 
inhabited  by  nations  that  cultivated  the  soil  and  had 
cities.  To  destroy  such  a  population  was  not  pos- 
sible nor  politic ;  but  it  was  a  wise  policy  to  take 
part  of  their  lands,  and  to  plant  bodies  of  Roman 
citizens,  and  also  Latinae  coloniae,  among  the  con- 
quered people.  The  power  of  Rome  over  her  col- 
onies was  derived,  as  Niebuhr  has  well  remarked, 
"  from  the  supremacy  of  the  parent  state,  to  which 
the  colonies  of  Rome,  like  sons  in  a  Roman  family, 
even  after  they  had  grown  to  maturity,  continued 
unalterably  subject."  In  fact,  the  notion  of  the 
patria  potestas  will  be  found  to  lie  at  the  foundation 
of  the  institutions  of  Rome. 

The  difficulty  which  the  Republic  had  in  main- 
taining her  colonies,  especially  in  the  north  of  Italy, 
appears  from  numerous  passages;  and  the  difficulty 
was  not  always  to  protect  them  against  hostile  ag- 
gression, but  to  preserve  their  allegiance  to  tho 
Roman  state.  The  reasons  of  this  difficulty  will 
sufficiently  appear  from  what  has  been  said. 

1.  (iii.,  3  and  21.)—  2.  (MachiavelJi.  qu'  <d  by  Niebuhr.) 

281 


COLONIA. 


COLONIA. 


The  principles  of  the  system  of  colonization  were 
fully  established  in  the  early  ages  of  Rome  ;  but  the 
eolonies  had  a  more  purely  military  character,  that 
is,  were  composed  of  soldiers,  in  the  latter  part  of 
the  Republic  and  under  the  earlier  emperors,  at 
which  time,  also,  colonies  began  to  be  established 
beyond  the  limits  of  Italy,  as  in  the  case  of  Nar- 
bonne,  already  mentioned,  and  in  the  case  of  Ne- 
mausus  (Nimes),  which  was  made  a  colony  by 
Augustus,  an  event  which  is  commemorated  by 
medals,1  and  an  extant  inscription  at  Nimes.  In 
addition  to  the  evidence  from  written  books  of  the 
numerous  colonies  established  by  the  Romans  in 
Italy,  and  subsequently  in  all  parts  of  the  Empire, 
we  have  the  testimony  of  medals  and  inscriptions, 


in  which  COL.,  the  abbreviation  of  colonia,  indi- 
cates this  fact.  The  prodigious  activity  of  Rome 
in  settling  colonies  in  Italy  is  apparent  from  the  list 
given  by  Frontinus,2  most  of  which  appear  to  have 
been  old  towns,  which  were  either  walled  when 
the  colon/  was  founded,  or  strengthened  by  new 
defences. 

Colonies  were  sometimes  established  under  the 
Empire  with  circumstances  of  great  oppression,  and 
the  lands  were  assigned  to  the  veterans  without 
strict  regard  to  existing  rights. 

Under  the  emperors,  all  legislative  authority  being 
tKen  virtually  in  them,  the  foundation  of  a  colony 
was  an  act  of  imperial  grace,  and  often  merely  a 
title  of  honour  conferred  on  some  favoured  spot. 
Thus  M.  Aurelius  raised  to  the  rank  of  colonia  the 
email  town  (vicus)  of  Halale,  at  the  foot  of  Taurus, 
where  his  wife  Faustina  died.3  The  old  military 
colonies  were  composed  of  whole  legions,  with  their 
tribunes  and  centurions,  who,  being  united  by  mu- 
tual affection,  composed  a  political  body  (respublica) ; 
and  it  was  a  complaint  in  the  time  of  Nero,  that 
soldiers,  who  were  strangers  to  one  another,  with- 
out any  head,  without  any  bond  of  union,  were 
suddenly  brought  together  on  one  spot,  "  numerus 
magis  quam  colonia"4.  And  on  the  occasion  of  the 
mutiny  of  the  legions  in  Pannonia,  upon  the  acces- 
sion of  Tiberius,  it  was  one  ground  of  complaint, 
that  the  soldiers,  after  serving  thirty  or  forty  years, 
were  separated,  and  dispersed  in  remote  parts  ; 
where  they  received,  under  the  name  of  a  grant  of 
lands  (per  nomen  agrorum),  swampy  tracts  and  bar- 
ren mountains.5 

It  remains  briefly  to  state  what  was  the  internal 
constitution  of  a  colonia. 

In  the  later  times  of  the  Republic,  the  Roman 
state  consisted  of  two  distinct  organized  parts, 
Italy  and  the  Provinces.  "  Italy  consisted  of  a 
great  number  of  republics  (in  the  Roman  sense  of 
the  term),  whose  citizens,  after  the  Italian  war,  be- 
came members  of  the  sovereign  people.  The  com- 
munities of  these  citizens  were  subjects  of  the  Ro- 
man people,  yet  the  internal  administration  of  the 
communities  belonged  to  themselves.  This  free 
municipal  constitution  was  the  furdamental  char- 
acteristic of  Italy  ;  and  the  same  remark  will  apply 
so  both  principal  classes  of  such  constitutions,  rau- 
nicipia  and  colonise.     That  distinction  which  made 


1.  (Rascfce,   Lexicon  Rei  Numariae.)— 2.  (De  Colcmiis.)— 3. 
(Jul.  Capitol.,  M.  Ant.  Philos.,  c.  26.) — 4.  (Tacit.,  Ann.,  xiv., 
V  \—b.  (Tacit.,  Ann.,  i.,  17.) 
282 


a  j  'lace  into  a  praefectura  is  mentioned  afterward . 
and  fora,  concdiabula,  castella,  are  merely  smallei 
communities,  with  an  incomplete  organization."1 
As  in  Rome,  so  in  the  colonies,  the  popular  assem- 
bly had  originally  the  sovereign  power ;  they  chose 
the  magistrates,  and  could  even  make  laws.8  When 
the  popular  assemblies  became  a  mere  form  in 
Rome,  and  the  elections  were  transferred  by  Tiberi- 
us to  the  senate,  the  same  thing  happened  in  the 
colonies,  whose  senates  then  possessed  whatever 
power  had  once  belonged  to  the  community. 

The  common  name  of  this  senate  was  ordo  de- 
curionum ;  in  later  times,  simply  ordo  and  curia ; 
the  members  of  it  were  decuriones  or  curiales 
Thus,  in  the  later  ages,  curia  is  opposed  to  senatus, 
the  former  being  the  senate  of  a  colony,  and  the 
latter  the  senate  of  Rome.  But  the  terms  senatus 
and  senator  were  also  applied  to  the  senate  and 
members  of  the  senate  of  a  colony,  both  by  histori- 
ans, in  inscriptions,  and  in  public  records ;  as,  foi 
instance,  in  the  Heracleotic  Tablet,  which  contain- 
ed a  Roman  lex.  After  the  decline  of  the  popular 
assemblies,  the  senate  had  the  whole  internal  ad- 
ministration of  a  city,  conjointly  with  the  magistra- 
tus ;  but  only  a  decurio  could  be  a  magistratus,  and 
the  choice  was  made  by  the  decuriones.  Augustus 
seems  to  have  laid  the  foundation  for  this  practical 
change  in  the  constitution  of  the  colonies  in  Italy. 
All  the  citizens  had  the  right  of  voting  at  Rome, 
but  such  a  privilege  would  be  useless  to  most  of  the 
citizens,  on  account  of  their  distance  from  Rome. 
Augustus3  devised  a  new  method  of  voting :  the  de- 
curiones sent  the  votes  in  writing,  and  under  seal, 
to  Rome  ;  but  the  decuriones  only.voted.  Though 
this  was  a  matter  of  no  importance  after  Tiberius 
had  transferred  the  elections  at  Rome  from  the  pop 
ular  assemblies  to  the  senate,  this  measure  of  Au- 
gustus would  clearly  prepare  the  way  for  the  pre- 
eminence of  the  decuriones,  and  the  decline  of  tht 
popular  power. 

The  highest  magistratus  of  a  colonia  were  tl>v 
duumviri*  or  quattuorviri,  so  called,  as  the  number*; 
might  vary,  whose  functions  may  be  compared  witt 
those  of  the  consulate  at  Rome  before  the  establish- 
ment of  the  praetorship.  The  name  duumviri  seem? 
to  have  been  the  most  common.  Their  principal 
duties  were  the  administration  of  justice,  and,  ac- 
cordingly, we  find  on  inscriptions  "  Duumviri  J.  D." 
( juri  dicundo),  "  Quattuorviri  J.  D."  They  wero 
styled  magistratus  pre-eminently,  though  the  name 
magistratus  was  properly  and  originally  the  most 
general  name  for  all  persons  who  filled  similar  situ- 
ations. The  name  consul  also  occurs  in  inscrip- 
tions to  denote  this  chief  magistracy;  and  even 
dictator  and  praetor  occur  under  the  Empire  and  un- 
der the  Republic.  The  office  of  the  duumviri  lasted 
a  year.  Savigny  shows  that  under  the  Republic  the 
jurisdictio  of  the  duumviri  in  civil  matters  was  un 
limited,  and  that  it  was  only  under  the  Empire  that 
it  was  restricted  in  the  manner  which  appears  from 
the  extant  Roman  law. 

In  some  Italian  towns  there  was  a  praefectus  juri 
dicundo ;  he  was  in  the  place  of,  and  not  coexistent 
with,  duumviri.  The  duumviri  were,  as  ^e  have 
seen,  originally  chosen  by  the  people  ;  out  the  pra> 
fectus  was  appointed  annually  in  Rome,5  and  sen* 
to  the  town  called  a  praefectura,  which  might  be  ej 
ther  a  municipium  or  a  colonia,  for  it  was  only  in 
the  matter  of  the  praefectus  that  a  town  called  a 
praefectura  differed  from  other  Italian  towns.  Ar 
pinum  is  called  both  a  municipium  and  a  praefectu- 
ra ;6  and  Cicero,  a  native  of  this  place,  obtained  the 
highest  honours  that  Rome  could  confer. 


1.  (Savigny.)— 2.  (Cic.,De  Leg.,  iii.,  10.)— 3.  (Sueton.,  «:.46.) 
(Cic,  Agr.  Leg.,  ii.,  34.)— 5.  (Liv.,  xxvi.,  10.) — 6.  (de. 
En  ad  Fain.,  xiii.,  11.— Festus,  s.  v.  Priefectura.) 


COLONIA. 


COiONlA. 


The  censor,  curator,  or  quinquennalis,  all  which 
names  denote  the  same  functionary,  was  also  a  mu- 
nicipal magistrate,  and  corresponded  to  the  censor 
at  Rome,  and  in  some  cases,  perhaps,  to  the  quaes- 
tor also.  Censors  are  mentioned  in  Livy1  as  ma- 
gistrates of  the  twelve  Latin  colonies.  The  quin- 
quennales  were  sometimes  duumviri,  sometimes 
quattuorviri ;  but  they  are  always  carefully  distin- 
guished from  the  duumviri  and  quattuorviri  J.  D.  ; 
and  their  functions  are  clearly  shown  by  Savigny  to 
have  been  those  of  censors.  They  held  their  office 
for  one  year,  and  during  the  four  intermediate  years 
the  functions  were  not  exercised.  The  office  of 
censor  or  quinquennalis  was  higher  in  rank  than 
that  of  the  duumviri  J.  D.,  and  it  could  only  be  fill- 
ed by  those  who  had  discharged  the  other  offices  of 
the  municipality. 

For  a  more  complete  account  of  the  organization 
of  these  municipalities,  and  of  their  fate  under  the 
Empire,  the  reader  is  referred  to  an  admirable  chap- 
ter in  Savigny,2  from  which  the  above  brief  notice 
is  taken. 

The  terms  municipium  and  municipes  require  ex- 
planation in  connexion  with  the  present  subject,  and 
the  explanation  of  them  will  render  the  nature  of  a 
praefectura  still  clearer.  One  kind  of  municipium 
was  a  body  of  persons  who  were  not3  Roman  citi- 
zens, but  possessed  all  the  rights  of  Roman  citizens 
except  the  suffragium  and  the  honores.  But  the 
communities  enumerated  as  examples  of  this  kind 
of  municipium  are  the  Fundani,  Formiani,  Cumani, 
Acerrani,  Lanuvini,  and  Tusculani,  which  were 
conquered  states,*  and  received  the  civitas  without 
the  suffragium ;  and  all  these  places  received  the 
complete  civitas  before  the  social  war,  or,  as  Festus 
expresses  it.  "  Post  aliquot  annos  cives  Romani  ef- 
fecti  sunt."  It  is  singular  that  another  ancient  def- 
inition of  this  class  of  municipia  says,  that  the  per- 
sons who  had  the  rights  of  Roman  citizens,  except 
the  honores,  were  cives  ;  and  among  such  commu- 
nities are  enumerated  the  Cumani,  Acerrani,  and 
Atellani.  This  discrepancy  merely  shows  that  the 
later  Roman  writers  used  the  word  civis  in  a  very 
loose  sense,  which  we  cannot  be  surprised  at,  as 
they  wrote  at  a  time  when  these  distinctions  had 
ceased.  Another  kind  of  municipium  was,  when  a 
civitas  was  completely  incorporated  with  the  Roman 
state  ;  as  in  the  case  of  the  Anagnini,5  Caerites,  and 
Aricini,  who  completely  lost  all  internal  administra- 
tion of  their  cities  ;  while  the  Tusculani  and  Lanu- 
vini retained  their  internal  constitution,  and  their 
magistrate  called  a  dictator.  A  third  class  of  mu- 
nicipia was  those  whose  inhabitants  possessed  the 
full  privileges  of  Roman  citizens,  and  also  the  in- 
ternal administration  of  their  own  cities,  as  the  Ti- 
burtes,  Praenestini,  Pisani,  Urbinates,  Nolani,  Bo- 
nonienses,  Placentini,  Nepesini,  Sutrini,  and  Lu- 
crenses  (Lucenses'?).  The  first  five  of  these  were 
civitates  sociorum,  and  the  second  five  coloniae  Lati- 
nae  ;  they  all  became  municipia,  but  only  by  the  ef- 
fect of  the  Julia  Lex,  B.C.  90. 

It  has  also  been  already  said  that  a  praefectura 
was  so  called  from  the  circumstance  of  a  praefectus 
J.  D.  being  sent  there  from  Rome.  Those  towns 
in  Italy  were  called  praefecturae,  says  Festus,  "  In 
quibus  et  jus  dicebatur  et  nundinae  agebantur,  et 
erat  quaedam  earum  respublica,  neque  tamen  ma- 
gistratus  suos  habebant;  in  quas  legibus  praefecti 
mittebantur  quotannis,  qui  jus  dicerent."  Thus  a 
praefectura  had  a  respublica,  but  no  magistratus. 
He  then  makes  two  divisions  of  praefecturae.  To 
the  first  division  were  sent  four  praefecti  chosen  at 
Rome  (populi  svffragio);  and  he  enumerates  ten 

1.  (xxir.,  15.)— 2.  (Geschichte  des  Rom.  Rechts,  &c,  i.,  ]6, 
&c.) — 3  (Festus,  s.  v.  Municipium.) — 4.  (Liv.,  viii.,  14>-5 
Ih'y..  ii  ,23.) 


places  in  Campania  to  which  these  quattuorviri 
were  sent,  and  among  them  Cumae  and  Acerra, 
which  were  municipia;  and  Volturnum,  Internum, 
and  Puteoli,  which  were  Roman  colonies  establish- 
ed after  the  second  Punic  war.  The  second  divis- 
ion of  praefecturae  comprised  those  places  to  which 
the  praetor  urbanus  sent  a  praefectus  every  year, 
namely,  Fundi,  Formiae,  Caere,  Venafrum,  Allifae, 
Privernum,  Anagnia,  Frusino,  Reate,  Saturnia,  Nur- 
sia,  Arpinum,  aliaque  complura.  Only  one  of  them, 
Saturnia,  was  a  colony  of  Roman  citizens  -,1  the 
rest  are  municipia.  It  is  the  conclusion  of  Zumpt, 
that  all  the  municipia  of  the  older  period,  that  is, 
up  to  the  time  when  the  complete  civitas  was  giv- 
en to  the  Latini  and  the  socii,  were  praefecturae, 
and  that  some  of  the  colonies  of  Roman  citizens 
were  also  praefecturae.  Now  as  the  praefectus  was 
appointed  for  the  purpose  of  administering  justice 
(juri  dicundo),  and  was  annually  sent  from  Rome, 
it  appears  that  this  was  one  among  the  many  ad- 
mirable parts  of  the  Roman  polity  for  maintaining 
harmony  in  the  whole  political  system  by  a  uni- 
formity of  law  and  procedure.  The  name  praefec- 
tura continued  after  the  year  B.C.  90  ;  but  it 'seems 
that,  in  some  places  at  least,  this  functionary  ceas- 
ed to  be  sent  from  Rome,  and  various  praefecturae 
acquired  the  privilege  of  having  magistratus  of  their 
own  choosing,  as  in  the  case  of  Puteoli,  B.C.  63.3 
The  first  class  or  kind  of  praefecti,  the  quattuorviri 
who  were  sent  into  Campania,  was  abolished  by 
Augustus,  in  conformity  with  the  general  tenour  of 
his  policy,  B.C.  13.  After  the  passing  of  the  Julia 
Lex  de  Civitate,  the  cities  of  the  socii  which  receiv 
ed  the  Roman  civitas  still  retained  their  internal 
constitution;  but,  with  respect  to  Rome,  were  all 
included  under  the  name  of  municipia  :  thus  Tibur 
and  Praeneste,  which  were  Latinae  civitates,  then 
became  Roman  municipia.  On  the  other  hand,  Bo- 
nonia  and  Luca,  which  were  originally  Latinae  co- 
loniae, also  became  Roman  municipia  in  consequence 
of  receiving  the  Roman  civitas,  though  they  retain- 
ed their  old  colonial  constitution  and  the  name  of 
colonia.  Thus  Cicero3  could  with  propriety  call 
Placentia  a  municipium,  though  in  its  origin  it  was 
a  Latin  colonia ;  and  in  the  oration  Pro  Sext*  he 
enumerates  municipia,  coloniae,  and  praefecturae  as 
the  three  kinds  of  towns  or  communities  under 
which  were  comprehended  all  the  towns  of  Italy. 
The  testimony  of  the  Heracleotic  tablet  is  to  the 
like  effect ;  for  it  speaks  of  municipia,  coloniae,  and 
praefecturae  as  the  three  kinds  of  places  which  had 
a  magistratus  of  some  kind,  to  which  enumeration 
it  adds  fora  and  conciliabula,  as  comprehending  all 
the  kinds  of  places  in  which  bodies  of  Roman  citi 
zens  dwelt. 

It  thus  appears  that  the  name  municipium,  which 
originally  had  the  meanings  already  given,  acquired 
a  narrower  import  after  B.C.  90,  and  in  this  nar- 
rower import  signified  the  civitates  sociorum  and 
coloniae  Latinae,  which  then  became  complete  mem 
bers  of  the  Roman  state.  Thus  there  was  then  re 
ally  no  difference  between  these  municipia  and  the 
coloniae,  except  in  their  historical  origin,  and  in  their 
original  internal  constitution.  The  Roman  law  pre- 
vailed in  both. 

The  following  recapitulation  may  be  useful :  The 
old  Roman  colonies  (civium  Romanorum)  were  pla- 
ced in  conquered  towns,  and  the  colonists  continu- 
ed to  be  Roman  citizens.  These  colonies  were  near 
Rome,  and  few  in  number.  Probably  some  of  the 
old  Latinae  coloniae  were  established  by  the  Romans 
in  conjunction  with  other  Latin  states  (Antium) 
After  the  conquest  of  Latium,  Latinae  coloniae  were 
established  by  the  Romans  in  various  parts  of  Italy. 

1.  (Liv.,  xxxix.,  55.)— 2.  (Cic,  De  Leg.  Agr.,  ii.,  c  ?1.)— 3. 
(in  Pis.,  c.  23.)— 4.  (c.  14.) 

283 


COLONIA. 


COLONIA. 


These  colonies  should  be  distinguished  from  the 
colonies  civium  Romanorum,  inasmuch  as  they  are 
sometimes  called  colonies  populi  Romani,  though 
they  were  not  coloniae  civium  Romanorum.1  Ro- 
man citizens  who  chose  to  join  such  colonies,  gave 
up  their  civic  rights  for  the  more  solid  advantage  of 
a  grant  of  land. 

When  Latin  colonies  began  to  be  established,  few 
Roman  colonies  were  founded  until  after  the  close 
of  the  second  Punic  war  (B.C.  201),  and  these  few 
were  chiefly  maritime  colonies  (Anxur,  &c).  These 
Latin  colonies  were  subject  to  and  part  of  the  Ro- 
man state  ;  but  they  had  not  the  civitas  :  they  had 
no  political  bond  among  themselves ;  but  they  had 
the  administration  of  their  internal  affairs.  As  to 
the  origin  of  the  commercium,  Savigny's  conjecture 
has  been  already  stated.  (Vid.  Civitas.)  The  col- 
onies of  the  Gracchi  were  Roman  colonies ;  but 
their  object,  like  that  of  subsequent  Agrarian  laws, 
was  merely  to  provide  for  the  poorer  citizens :  the 
old  Roman  and  the  Latin  colonies  had  for  their  ob- 
ject the  extension  and  conservation  of  the  Roman 
Empire  in  Italy.  After  the  passing  of  the  Lex  Julia, 
which  gave  the  civitas  to  the  socii  and  the  Latin 
colonies,  the  object  of  establishing  Roman  and  Latin 
colonies  ceased  ;  and  military  colonies  were  thence- 
forward settled  in  Italy,  and,  under  the  emperors, 
in  the  provinces.  These  military  colonies  had  the 
civitas,  such  as  it  then  was  ;  but  their  internal  or- 
ganization might  be  various. 

It  would  require  more  space  than  is  consistent 
with  the  limits  of  this  work  to  attempt  to  present 
anything  like  a  complete  view  of  this  interesting 
subject.  The  following  references,  in  addition  to 
those  already  given,  will  direct  the  reader  to  abun- 
dant sources  of  information  :  Sigonius,  De  Jure  An- 
tiquo,  &c. ;  Niebuhr,  Roman  History ;  Savigny,  Ue- 
ber das  Jus  Italicum,  Zeitschr.,  vol.  v. ;  Tabula  He- 
racleenses.  Mazochi,  Neap.,  1754;  Savigny,  Der  Ro- 
mische  Volksschluss  der  Tafel  von  Heraclea;  and 
RudorfF,  Ueber  die  Lex  Mamiliade  Coloniis,  Zeitsch., 
vol.  ix. ;  Rudorff,  Das  Ackergesetz  von  Sp.  Thorius, 
and  Puchta,  Ueber  den  Inhalt  der  Lex  Rubria  de  Gal- 
lia Cisalpina,  Zeitschr.,  vol.  x. 

Since  this  article  was  written,  and  after  part  of 
it  was  printed,  the  author  has  had  the  opportunity 
of  reading  two  excellent  essays  :  De  Jure  et  Con- 
dicione  Coloniarum  Poputi  Romani  Quastio  historica, 
Madvigii  Opuscula,  Haunice,  1834 ;  and  Ueber  den 
Unterschied  den  Benennungen  Municipium,  Colonia, 
Prafectura,  Zumpt,  Berlin,  1840.  With  the  help 
of  these  essays,  he  has  been  enabled  to  make  some 
important  additions.  But  the  subject  is  incapable  of 
a  full  exposition  within  narrow  limits,  as  the  his- 
torical order  is  to  a  certain  extent  necessary,  in  or- 
der to  present  a  connected  view  of  the  Roman  co- 
lonial system.  The  essay  of  Madvig  has  establish- 
ed beyond  all  dispute  several  most  important  ele- 
ments in  this  inquiry  ;  and,  by  correcting  the  errors 
of  several  distinguished  writers,  he  has  laid  the 
foundation  of  a  much  more  exact  knowledge  of  this 
part  of  the  Roman  polity. 

Greek  Colonies.  The  usual  Greek  words  for  a 
colony  are  anointa  and  nlnpovxia.  The  latter  word, 
which  signified  a  division  of  conquered  lands  among 
Athenian  citizens,  and  which  corresponds  in  some 
respects  to  the  Roman  colonia  and  our  notions  of  a 
modern  colony,  is  explained  in  the  article  Cle- 
suchi. 

The  earlier  Greek  colonies,  called  unoudci,  were 
usually  composed  of  mere  bands  of  adventurers, 
who  left  their  native  country,  with  their  families 
and  property,  to  seek  a  new  home  for  themselves. 
Some  of"  the  colonies,  which  arose  in  consequence 
of  foreign  invasion  or  civil  wars,  were  undertaken 


284 


1.  (Liv.,  xzrii,,  9  ;  xxix.,  15.) 


without  any  formal  consent  from  the  rest  of  the 
community  ;  but  usually  a  colony  was  sent  out  with 
the  approbation  of  the  mother-country,  and  under 
the  management  of  a  leader  (oikkttt/c)  appointed  by 
it.  But  whatever  may  have  been  the  origin  of  the 
colony,  it  was  always  considered,  in  a  political 
point  of  view,  independent  of  the  mother-country 
(called  by  the  Greeks  junrpoKolic),  and  entirely 
emancipated  from  its  control.  At  the  same  time, 
though  a  colony  was  in  no  political  subjection  to  its 
parent  state,  it  was  united  to  it  by  the  ties  of  filial 
affection  ;  and,  according  to  the  generally  received 
opinions  of  the  Greeks,  its  duties  to  the  parent  state 
corresponded  to  those  of  a  daughter  to  her  mother.1 
Hence,  in  all  matters  of  common  interest,  the  col- 
ony gave  precedence  to  the  mother  state ;  and  the 
founder  of  the  colony  {ohiar^c),  who  might  be  con- 
sidered as  the  representative  of  the  parent  state, 
was  usually  worshipped,  after  his  death,  as  a  hero.' 
Also,  when  the  colony  became  in  its  turn  a  parent, 
it  usually  sought  a  leader  for  the  colony  which  it 
intended  to  found  from  the  original  mother-coun 
try  ;3  and  the  same  feeling  of  respect  was  manifest 
ed  by  embassies  which  were  sent  to  honour  the 
principal  festivals  of  the  parent  state,*  and  also  by 
bestowing  places  of  honour  and  other  marks  of  re- 
spect upon  the  ambassadors  and  other  members  of 
the  parent  state,  when  they  visited  the  colony  at 
festivals  and  similar  occasions.5  The  colonists  also 
worshipped  in  their  new  settlement  the  same  dei- 
ties as  they  had  been  accustomed  to  honour  in  their 
native  country ;  the  sacred  fire,  which  was  con- 
stantly kept  burning  on  their  public  hearth,  was 
taken  from  the  Prytaneum  of  the  parent  city  ;  and, 
according  to  one  account,  the  priests  who  minis- 
tered to  the  gods  in  the  colony  were  brought  from 
the  parent  state.6  In  the  same  spirit,  it  was  con- 
sidered a  violation  of  sacred  ties  for  a  mother-coun- 
try and  a  colony  to  make  war  upon  one  another.7 

The  preceding  account  of  the  relations  between 
the  Greek  colonies  and  the  mother-country  is  sup- 
ported by  the  history  which  Thucydides  gives  us  of 
the  quarrel  between  Corcyra  and  Corinth.  Corcy- 
ra  was  a  colony  of  Corinth,  and  Epidamnus  a  colo- 
ny of  Corcyra ;  but  the  leader  (oUkjtvs)  of  Epi 
damnus  was  a  Corinthian,  who  was  invited  from 
the  metropolis  Corinth.  In  course  of  time,  in  con- 
sequence of  civil  dissensions  and  attacks  from  the 
neighbouring  barbarians,  the  Epidamnians  apply  for 
aid  to  Corcyra,  but  their  request  is  rejected.  They 
next  apply  to  the  Corinthians,  who  took  Epidamnus 
under  their  protection,  thinking,  says  Thucydides, 
that  the  colony  was  no  less  theirs  than  the  Corcy- 
raeans' :  and  also  induced  to  do  so  through  hatred 
of  the  Corcyraeans,  because  they  neglected  them 
though  they  were  colonists ;  for  they  did  not  give  to 
the  Corinthians  the  customary  honours  and  defer- 
ence in  the  public  solemnities  and  sacrifices  that 
the  other  colonies  were  wont  to  pay  to  the  mother- 
country.  The  Corcyraeans,  who  had  become  very 
powerful  by  sea,  took  offence  at  the  Corinthians  re- 
ceiving Epidamnus  under  their  protection,  and  the 
result  was  a  war  between  Corcyra  and  Corinth. 
The  Corcyraeans  sent  ambassadors  to  Athens  to  ask 
assistance ;  and  in  reply  to  the  objection  that  thev 
were  a  colony  of  Corinth,  they  said  "  that  every 
colony,  as  long  as  it  is  treated  kindly,  respects  the 
mother- country  ;  but  when  it  is  injured,  is  alienated 
from  it ;  for  colonists  are  not  sent  out  as  subjects, 
but  that  they  may  have  equal  rights  with  those  that 
remain  at  home."8 

1.  (Dionys.  Hal.,  Ant.  Rom.,  iii.,  7— Polyb.,  xii.,  10,  $  3.)— 
2.  (Herod.,  vi.,  38.— Thucyd.,  v.,  11.— Diod.  Sic,  xi.,  66;  xx., 
102.)— 3.  (Thucyd.,  i.,  24.)— 4.  (Diod.  Sic,  xii.,  30.— Wesse- 
ling,  ad  loc.)— 5.  (Thucyd.,  i.,  25.)— 6.  (Schol.  ad  Thucyd.,  i., 
25.— Compare  Tacit.,  Ann.,  ii.,  54.)— 7.  (Herod  ,  viti.,  22  — Thn- 
cyd.,  i.,  38.)— 8.  (Thucyd..  «.,  34.) 


COLORES. 


COLORES. 


it  is  true  that  ambitious  states,  such  as  Athens, 
sometimes  claimed  dominion  over  other  states  on 
the  ground  of  relationship  ;  but,  as  a  general  rule, 
colonies  may  be  regarded  as  independent  states,  at- 
tached to  their  metropolis  by  ties  of  sympathy  and 
common  descent,  but  no  farther.  The  case  of  Po- 
tidaea,  to  which  the  Corinthians  sent  annually  the 
chief  magistrates  (dr/fuovpyoi),  appears  to  have  been 
an  exception  to  the  general  rule.1 

COLO'RES.  The  Greeks  and  Romans  had  a 
very  extensive  acquaintance  with  colours  as  pig- 
ments. Book  vii.  of  Vitruvius,  and  several  chap- 
ters of  books  xxxiii.,  xxxiv.,  and  xxxv.  of  Pliny's 
Natural  History,  contain  much  interesting  matter 
upon  their  nature  and  composition  ;  and  these 
works,  together  with  what  is  contained  in  book  v. 
of  Dioscorides.  and  some  remarks  in  Theophrastus,3 
constitute  the  whole  of  our  information  of  any  impor- 
tance upon  the  subject  of  ancient  pigments.  From 
these  sources,  through  the  experiments  and  obser- 
vations of  Sir  Humphrey  Davy3  on  some  remains  of 
ancient  colours  and  paintings  in  the  baths  of  Titus 
and  of  Livia,  and  in  other  ruins  of  antiquity,  we 
are  enabled  to  collect  a  tolerably  satisfactory  ac- 
count of  the  colouring  materials  employed  by  the 
Greek  and  Roman  painters. 

The  painting  of  the  Greeks  is  very  generally 
considered  to  have  been  inferior  to  their  sculpture  ; 
this  partially  arises  from  very  imperfect  informa- 
tion, and  a  very  erroneous  notion  respecting  the 
resources  of  the  Greek  painters  in  colouring.  The 
error  originated  apparently  with  Pliny  himself,  who 
says,*  il  Quatuor  coloribus  solis  immortalia  ilia  opera 
fecere,  ex  albis  Melino,  ex  silaceis  Attico,  ex  rubris 
Sinopide  Pontica,  ex  ?iigris  atramento,  Apelles,  Echion, 
Melanthius,  Nicomachus,  clarissimi  pictores ;"  and5 
"  Legentes  meminerint  omnia  ea  quatuor  coloribus 
facta.'"  This  mistake,  as  Sir  H.  Davy  has  sup- 
posed, may  have  arisen  from  an  imperfect  recollec- 
tion of  a  passage  in  Cicero,6  which,  however,  di- 
rectly contradicts  the  statement  of  Pliny  :  "  Inpic- 
tura  Zcuxim  ct  Polygnotum,  et  Timantkem,  et  eorum, 
qui  non  sunt  usi  plusquam  quattuor  coloribus,  for- 
mas  et  lincamenta  laudamus  :  at  in  Echione,  Nicoma- 
cho,  Protogene,  Apelle  jam  perfecta  sunt  omnia.'''' 
Here  Cicero  extols  the  design  and  drawing  of  Polyg- 
notus,  Zeuxis,  and  Timanthes,  and  those  who  used 
but  four  colours;  and  observes  in  contradistinc- 
tion, that  in  Echion,  Nicomachus,  Protogenes,  and 
Apelles,  all  things  were  perfect.  But  the  remark  of 
Pliny,  that  Apelles,  Echion,  Melanthius,  and  Nicom- 
achus used  but  four  colours,  including  both  black 
and  white  to  the  exclusion  of  all  blue  (unless  we 
understand  by  "  ex  nigris  atramento"  black  and  in- 
digo), is  evidently  an  error,  independently  of  its  con- 
tradiction to  Cicero  ;  and  the  conclusion  drawn  by 
some  from  it  and  the  remark  of  Cicero,  that  the 
early  Greek  painters  were  acquainted  with  but  four 
pigments,  is  equally  without  foundation.  Pliny 
himself  speaks  of  two  other  colours,  besides  the 
four  in  question,  which  were  used  by  the  earliest 
painters ;  the  testa-trita1  and  cinnabaris  or  vermil- 
ion, which  he  calls  also  minium.8  He  mentions 
also9  the  Eretrian  earth  used  by  Nicomachus,  and 
the  clephantium,  or  ivory-black,  used  by  Apelles,10 
thus  contradicting  himself  when  he  asserted  that 
Apelles  and  Nicomachus  used  but  four  colours. 
The  above  tradition,  and  the  simplex  color  of  Quin- 
tilian,11  are  our  only  authorities  for  defining  any 
limits  to  the  use  of  colours  by  the  early  Greeks  as 
applied  to  painting ;  but  we  have  no  authority 
whatever  for  supposing  that  they  were  limited  in 


1.  (Thucyd.,  i.,  56.)— 2.  (De  Lapidibus.)—  3.  (Phil.  Trans,  of 
the  Royal  Society,  1815.)— 4.  (xxxv.,  32.)— 5.  (xxxv.,  36.)— 6. 
(Brutus,  c.  18.)— 7.  (xxxv.,  5.)— 8.  (xxxiii.,  36.)  — 9.  (xxxv., 
21  )— 10.  (nxv.,  S5.)— 11.  (Orat.  Inst    x.i     JO  J 


any  remarkable  way  in  their  acquaintance  with 
them.  That  the  painters  of  the  earliest  period 
had  not  such  abundant  resources  in  this  department 
of  art  as  those  of  the  later,  is  quite  consistent  with 
experience,  and  does  not  require  demonstration  , 
but  to  suppose  that  they  were  confined  to  four  pig- 
ments, is  quite  a  gratuitous  supposition,  and  is  op- 
posed to  both  reason  and  evidence.  (Via1.  Pictora.) 

Sir  H.  Davy  also  analyzed  the  colours  of  the  so- 
called  "  Aidobrandini  marriage,"  all  the  reds  and 
yellows  of  which  he  discovered  to  be  ochres  ;  the 
blues  and  greens,  to  be  oxides  of  copper ;  the 
blacks,  all  carbonaceous  ;  the  browns,  mixtures  of 
ochres  and  black,  and  some  containing  oxide  of 
manganese-,  the  whites  were  all  carbonates  of  lime 

The  reds  discovered  iu  an  earthen  vase  contain- 
ing a  variety  of  colours  were,  red  oxide  of  lead 
(minium),  and  two  iron  ochres  of  different  tints,  a 
dull  red,  and  a  purplish  red  nearly  of  the  same  tint 
as  prussiate  of  copper ;  they  were  all  mixed  with 
chalk  or  carbonate  of  lime.  The  yellows  were 
pure  ochres  with  carbonate  of  lime,  and  ochre  mixed 
with  minium  and  carbonate  of  lime.  The  blues 
were  oxides  of  copper  with  carbonate  of  lime.  Sir 
H.  Davy  discovered  a  frit,  made  by  means  of  soda, 
and  coloured  with  oxide  of  copper,  approaching  ul- 
tramarine in  tint,  which  he  supposed  to  be  the  frit 
of  Alexandrea ;  its  composition,  he  says,  was  per- 
fect :  "  that  of  imbodying  the  colour  in  a  composition 
resembling  stone,  so  as  to  prevent  the  escape  of 
elastic  matter  from  it,  or  the  decomposing  action  of 
the  elements  ;  this  is  a  species  of  artificial  lapis-laz- 
uli,  the  colouring  matter  of  wnich  is  naturally  in- 
herent in  a  hard  silicious  stone." 

Of  greens  there  were  many  shades,  all,  however, 
either  carbonate  or  oxide  of  copper,  mixed  with 
carbonate  of  lime.  The  browns  consisted  of  ochres 
calcined,  and  oxides  of  iron  and  of  manganese,  and 
compounds  of  ochres  and  blacks.  Sir  H.  Davy 
could  not  ascertain  whether  the  lake  which  he  dis- 
covered was  of  animal  or  of  vegetable  origin  ;  if  of 
animal,  he  supposed  that  it  was  very  probably  the 
Tyrian  or  marine  purple.  He  discovered  also  a 
colour  which  he  supposed  to  be  black  wad,  or  hy- 
drated  binoxide  of  manganese  ;  also,  a  black  colour 
composed  of  chalk,  mixed  with  the  ink  of  the  sepia 
officinalis,  or  cuttle-fish.  The  transparent  blue  glass 
of  the  ancients  he  found  to  be  stained  with  oxide  of 
cobalt,  and  the  purple  with  oxide  of  manganese. 

The  following  list,  compiled  from  the  different 
sources  of  our  information  concerning  the  pigments 
known  to  the  ancients,  will  serve  to  convey  an  idea 
of  the  great  resources  of  the  Greek  and  Roman 
painters  in  this  department  of  their  art ;  and  which, 
in  the  opinion  of  Sir  H.  Davy,  were  fully  equal  to 
the  resources  of  the  great  Italian  painters  in  the 
sixteenth  century : 

Red.  The  ancient  reds  were  very  numerous. 
Kivvd6apt,  yX7jroc,  cinnabaris,  cinnabar,  vermilion, 
bisulphuret  of  mercury,  called  also  by  Pliny  and 
Vitruvius  minium. 

The  KivvdSapt  'IvSckov,  cinnabaris  Indica,  men- 
tioned by  Pliny  and  Dioscorides,  was  what  is  vul- 
garly called  dragon's-blood,  the  resin  obtained  from 
various  species  of  the  calamus  palm. 

WlItoc  seems  to  have  had  various  significations  ; 
it  was  used  for  cinnabaris,  minium,  red  lead,  ami 
rubrica,  red  ochre.  There  were  various  kinds  oi 
rubrica,  the  Cappadocian,  the  Egyptian,  the  Span- 
ish, and  the  Lemnian ;  all  were,  howevei ,  red  iron 
oxides,  of  which  the  best  were  the  Lemnian,  from 
the  isle  of  Lemnos,  and  the  Cappadocian,  called  by 
"the  Roi>  ms  rubrica  Sinopica,  by  the  Creeks  livu- 
mc,  from  Sinopt  in  Paphlagonia,  whence  it  was  first 
brought.  There  vas  also  an  African  rubrica  called 
ciccrculum. 

285 


COLORES. 


COLORES. 


Minium,  red  oxiae  ol  lead,  red  lead,  was  called 
by  the  Romans  cerussa  usta,  and,  according  to  Vitru- 
vius,  sandaracha ;  by  the  Greeks,  fjciXroc,  and,  ac- 
cording to  Dioscorides,1  o-avdapufcn.  Pliny  tells  us 
that  it  was  discovered  through  the  accidental  cal- 
culation of  some  cerussa  (white  lead)  by  a  fire  in 
the  Piraeus,  and  was  first  used  as  a  pigment  by  Ni- 
cias  of  Athens,  about  330  B.C. 

The  Roman  sandaracha  seems  to  have  had  va- 
rious significations,  and  it  is  evidently  used  differ- 
ently by  the  Greek  and  Roman  writers.  Pliny 
speaks  of  different  shades  of  sandaracha,  the  pale 
or  massicot  (yellow  oxide  of  lead),  and  a  mixture  of 
the  pale  with  minium ;  it  apparently  also  signified 
realgar  or  the  red  sulphuret  of  arsenic  :  there  was 
also  a  compound  colour  of  equal  parts  of  sandara- 
cha and  rubrica  calcined,  called  sandyx,  cavdv!-. 
Sir  H.  Davy  supposed  this  colour  to  approach  our 
crimson  in  tint ;  in  painting  it  was  frequently  glazed 
with  purple,  to  give  it  additional  lustre. 

Pliny  speaks  of  a  dark  ochre  from  the  isle  of  Sy- 
ros,  which  he  calls  Syricum  ;  but  he  says  also  that 
it  was  made  by  mixing  sandyx  with  rubrica  Sino- 
pica. 

Yellow.  Yellow  ochre,  hydrated  peroxide  of 
iron,  the  sil  of  the  Romans,  the  &xpa  of  the  Greeks, 
formed  the  base  of  many  other  yellows,  mixed  with 
various  colours  and  carbonate  of  lime.  Ochre  was 
procured  from  different  parts  ;  the  Attic  was  con- 
sidered the  best ;  it  was  first  used  in  painting,  ac- 
cording to  Pliny,  by  Polygnotus  and  Micon,  at  Ath- 
ens, about  460  B.C. 

'Apoeviitov,  auripigmentum,  orpiment  (yellow  sul- 
phuret of  arsenic),  was  also  an  important  yellow ; 
but  it  has  not  been  discovered  in  any  of  the  ancient 
paintings.  (Vid.  Arsenicon.)  The  sandaracha  has 
been  already  mentioned. 

Green.  Chrysocolla,  ^puad/coAJla,  which  appears 
to  have  been  green  carbonate  of  copper  or  malachite 
(green  verditer),  was  the  green  most  approved  of 
by  the  ancients  ;  its  tint  depended  upon  the  quan- 
tity of  carbonate  of  lime  mixed  with  it. 

Pliny  mentions  various  kinds  of  verdigris  (diace- 
tate  of  copper),  arugo,  16c,  log  xaknov,  cypria  cerugo, 
and  ceruca,  and  a  particular  preparation  of  verdigris 
called  scolecia.  Sir  H.  Davy  supposes  the  ancients 
to  have  used,  also,  acetate  of  copper  (distilled  verdi- 
gris) as  a  pigment.  Besides  the  above  were  sev- 
eral green  earths,  all  cupreous  oxides  :  Theodotion 
{QeodoTLov),  so  called  from  being  found  upon  the 
estate  of  Theodotius,  near  Smyrna;  Appianum;  and 
the  creta  viridis,  common  green  earth  of  Verona. 

Blue.  The  ancient  blues  were  also  very  numer- 
ous ;  the  principal  of  these  was  cceruleum,  nvavoc, 
azure,  a  species  of  verditer  or  blue  carbonate  of  cop- 
per, of  which  there  were  many  varieties.  It  was 
generally  mixed  with  carbonate  of  lime.  Vitruvius 
and  Pliny  speak  of  the  Alexandrean,  the  Cyprian, 
and  the  Scythian  ;  the  Alexandrean  was  the  most 
valued,  as  approaching  nearest  to  ultramarine.  It 
was  made  also  at  Pozzuoli  by  a  certain  Vestorius, 
who  had  learned  the  method  of  its  preparation  in 
Egypt ;  this  was  distinguished  by  the  name  of  cos- 
ton.  There  was  also  a  washed  caeruleum  called 
lomenlum,  and  an  inferior  description  of  this  called 
tritum. 

It  appears  that  ultramarine  (lapis-lazuli)  was 
known  to  the  ancients  under  the  name  of  Arme- 
nium,  'Apfievtov,  from  Armenia,  whence  it  was  pro- 
cured. Sulphuret  of  sodium  is  the  colouring  prin- 
ciple of  lapis-lazuli,  according  to  M.  Gmelin  of  Tu- 
bingen. 

Indigo,  Indicum,  'Ivdutov,  was  well  known  to  the 
ancients. 

Cobalt.     The  ancient  name  for  this  mineral  is 


286 


l.lv.,  122.) 


not  known ;  but  it  has  been  supposed  to  be  the 
%a?iic6c  of  Theophrastus,  which  he  mentions  was 
used  for  staining  glass.  No  cobalt,  however,  has 
been  discovered  in  any  of  the  remains  of  ancient 
painting. 

Purple.  The  ancients  had  also  several  kinds  of 
purple,  purpurissum,  ostrum,  hysginum,  and  various 
compound  colours.  The  most  valuable  of  these 
was  the  purpurissum,  prepared  by  mixing  the  creta 
argentama  with  the  purple  secretion  of  the  murex 
(rtopfyvpa). 

Hysginum,  vayivov  {vayn,  woad?),  according  to 
Vitruvius,  is  a  colour  between  scarlet  and  purple. 

The  Roman  ostrum  was  a  compound  of  red  ochre 
and  blue  oxide  of  copper. 

Vitruvius  mentions  a  purple  which  was  obtained 
by  cooling  the  ochra  usta  with  wine  vinegar. 

Rubice  radix,  madder-root. 

Brown.     Ochra  usta,  burned  ochre.    The  brown© 
were  ochres  calcined,  oxides  of  iron  and  of  manga 
nese,  and  compounds  of  ochres  and  blacks. 

Black,  atramentum,  fii?.av.  The  ancient  blacks 
were  mostly  carbonaceous.  The  best  for  the  pur- 
poses of  painting  were  elephantinum,  klefyavTivov, 
ivory-black  ;  and  tryginum,  rpvyivov,  vine-black, 
made  of  burned  vine  twigs.  The  former  was  used 
by  Apelles,  the  latter  by  Polygnotus  and  Micon. 

The  atramentum  Indicum,  mentioned  by  Pliny  and 
Vitruvius,  was  probably  the  Chinese  Indian  ink. 
The  blacks  from  sepia,  and  the  black  woad,  have 
been  already  mentioned. 

White.  The  ordinary  Greek  white  was  meli- 
num,  \ir\kLac,  an  earth  from  the  Isle  of  Melos  ;  for 
fresco  painting,  the  best  was  the  African  paratoni- 
um,  napairoviov,  so  called  from  the  place  of  its  ori- 
gin on  the  coast  of  Africa,  not  far  from  Egypt. 
There  was  also  a  white  earth  of  Eretria,  and  tho 
annularian  white,  creta  anularia  or  anulare,  made 
from  the  glass  composition  worn  in  the  rings  of  the 
poor. 

Carbonate  of  lead  or  white  lead,  cerussa,  ipi/jiv- 
6iov,  was  apparently  not  much  used  by  the  ancient 
painters ;  it  was  nowhere  found  among  the  Roman 
ruins. 

Sir  H.  Davy  is  of  opinion  that  the  azure,  the  red 
and  yellow  ochres,  and  the  blacks,  have  not  under- 
gone any  change  of  colour  whatever  in  the  ancient 
fresco  paintings  ;  but  that  many  of  the  greens,  which 
are  now  carbonate  of  copper,  were  originally  laid  on 
in  a  state  of  acetate. 

Pliny  divides  the  colours  into  color es  fioridi  and 
color cs  austeri  ;l  the  colores  fioridi  were  those  which, 
in  his  time,  were  supplied  by  the  employer  to  the 
painter,  on  account  of  their  expense,  and  to  secure 
their  being  genuine ;  they  were  minium,  Armenium, 
cinnabaris,  chrysocolla,  Indicum,  and  purpurissum ; 
the  rest  were  the  austeri. 

Both  Pliny2  and  Vitruvius3  class  the  colours  into 
natural  and  artificial ;  the  natural  are  those  obtain- 
ed immediately  from  the  earth,  which,  according  to 
Pliny,  are  Sinopis,  rubrica,  paragtonium,  melinum, 
Eretria,  and  auripigmentum  ;  to  these  Vitruvius 
adds  ochra,  sandaracha,  minium  (vermilion] ,  and 
chrysocolla,  being  of  metallic  origin.  The  ethers 
are  called  artificial,  on  account  of  requiring  some 
particular  preparation  to  render  them  fit  for  use. 

To  the  above  list  of  colours  more  names  might 
still  be  added  ;  but,  being  for  the  most  part  merely 
compounds  or  modifications  of  those  already  men- 
tioned, they  would  only  take  up  space,  without  giv 
ing  us  any  additional  insight  into  the  resources  of 
the  ancient  painters ;  those  which  we  have  already 
enumerated  are  sufficient  to  form  an  infinite  varie 
ty  of  colour,  and  conclusively  prove  that  the  ancient 
painters,  if  they  had  not  more,  had  at  least  equal 

1.  (xxxv.,  1?  '  -2.  (xxxv.,  12.)— 3.  (vii..  7  ) 


COLOSSUS. 


COLUMBARIUM. 


resources  in  this  most  essential  branch  of  painting 
with  the  artists  of  our  own  times. 

COLO'SSUS  (KoXoaaog).  The  origin  of  this  word 
is  not  known,  the  suggestions  of  the  grammarians 
being  either  ridiculous,  or  imperfect  in  point  of  ety- 
mology.1 It  is,  however,  very  ancient,  probably  of 
Ionic  extraction,  and  rarely  occurs  in  the  Attic  wri- 
ters.3 It  is  used  both  by  the  Greeks  and  Romans 
to  signify  a  statue  larger  than  life,3  and  thence  a 
person  of  extraordinary  stature  is  termed  colosse- 
ros  ;4  and  the  architectural  ornaments  in  the  upper 
members  of  lofty  buildings,  which  require  to  be  of 
large  dimensions  in  consequence  of  their  remote- 
ness, are  termed  colossicotera  (KoXotraLKcJrepa5). 
Statues  of  this  kind,  simply  colossal,  but  not  pre- 
posterously large,  were  too  common  among  the 
Greeks  to  excite  observation  msrely  from  their 
6ize,  and  are,  therefore,  rarely  referred  to  as  such, 
the  word  being  more  frequently  applied  to  designate 
those  figures  of  gigantic  dimensions  (moles  statua- 
rum,  turribus  pares6)  which  were  first  executed  in 
Egypt,  and  of  which  some  specimens  may  be  seen 
in  the  British  Museum. 

Among  the  colossal  statues  of  Greece,  the  most 
celebrated  was  the  bronze  colossus  at  Rhodes,  dedi- 
cated to  the  sun,  which  was  commenced  by  Chares 
of  Lindus,  a  pupil  of  Lysippus,  and  terminated,  at  the 
expiration  of  twelve  years,  by  Laches,  of  the  same 
place,  at  a  cost  of  300  talents.  Its  height  was  90 
feet  according  to  Hyginus,7  70  cubits  according  to 
Pliny,  or  105  according  to  Festus.  It  was  thrown 
down  by  an  earthquake  fifty-six  years  after  its  erec- 
tion.8    It  is  to  this  statue  that  Statius  refers.9 

Another  Greek  colossus,  the  work  of  Calamis, 
which  cost  500  talents,  and  was  twenty  cubits  high, 
dedicated  to  Apollo,  in  the  city  of  Apollonia,  was 
transferred  from  thence  to  the  Capitol  by  M.  Lucul- 
lus.10  Some  fragments  in  marble,  supposed  to  have 
belonged  to  this  statue,  are  still  preserved  in  the 
courtyard  of  the  Museo  Capitolino. 

There  were  two  colossal  statues  in  bronze,  of 
Greek  workmanship,  at  Tarentum  :  one  of  Jupiter ; 
the  other  and  lesser  one  of  Hercules,  by  Lysippus, 
which  was  transplanted  to  the  Capitol  by  Fabius 
Maximus.11 

Among  the  works  of  this  description  made  ex- 
pressly by  or  for  the  Romans,  those  most  frequently 
alluded  to  are  the  following :  1.  A  statue  of  Jupiter 
upon  the  Capitol,  made  by  order  of  Sp.  Carvilius, 
from  the  armour  of  the  Samnites,  which  was  so 
large  that  it  could  be  seen  from  the  Alban  Mount.13 
2.  A  bronze  statue  of  Apollo  at  the  Palatine  Libra- 
ry,13 to  which  the  bronze  head  now  preserved  in 
the  Capitol  probably  belonged.  3.  A  bronze  statue 
of  Augustus,  in  the  Forum,  which  bore  his  name.1* 

4.  The  colossus  of  Nero,  which  was  executed  by 
Zenodorus  in  marble,  and  therefore  quoted  by  Pliny 
in  proof  that  the  art  of  casting  metal  was  then  lost. 
Its  height  was  110  or  120  feet.15  It  was  originally 
placed  in  the  vestibule  of  the  domus  aurea,16  at  the 
bottom  of  the  Via  Sacra,  where  the  basement  upon 
which  it  stood  is  still  to  be  seen,  and  from  it  the 
contiguous  amphitheatre  is  supposed  to  have  gained 
the  name  of  "  Colosseum."  Twenty-four  elephants 
were  employed  by  Hadriar  to  remove  it,  when  he 
was  about  to  build  the  Temple  of  Rome.17    Having 

I.  (Etym.  Mag.,  p.  526,  16.— Festus,  s.  v.)— 2.  (Blomf.,  Gloss, 
hd  .35sch.,  Agamemnon,  406.) — 3.  (Hesych.,  s.  v. — .<Esch.,  Agam., 
406.— Schol.  ad  Juv.,  Sat.,  viii.,  230.)— 4.  (Suet.,  Calig.  35.)— 

5.  (Vitruv.,  iii.,  3,  p.  98,  ed.  Bipont.— Compare  Id.,  x.,  4.)— 6. 
(Plin.,  H.  N.,  xxxiv.,  18.)— 7.  (Fab.,  233.)— 8.  (Plin.,  II.  N., 
txxiv.,  18.— Polyb.,  v.,  88.— Festus,  s\  v.)— 9.  (Sylv.,  I.,  i.,  103.) 
—10.  (Strab.,  vii.,  6,  I)  1.— Plin.,  1.  c— P.  Victor,  Regio  viii.) — 
11-  (Strab.,  v  .,  3,  v  1.— Plin.,  1.  c— Plutarch,  Fab.,  xxii.,  p.  722, 
ed.  Reiske.)— 12.  (Plin.,  1.  c.)— 13.  (Plin.,  1.  c.)— 14.  (Mart., 
Ep.,  viii.,  44,  7.)— 15.  (Pun.,  1.  c— Suet.,  Nero,  31.)— 16.  (Mart., 
Spect..  ii.,  1  — Ep  ,  i  ,71,7.—  Dion  Cass.,  lxvi.,  15.)— 17.  (Spart., 
lladr  ,  19  j 


surfered  in  the  fire  which  destroyed  the  Gold  en 
House,  it  was  repaired  by  Vespasian,  and  by  him 
converted  into  a  statue  of  the  Sun.1  5.  An  eques- 
trian statue  of  Domitian,  of  bronze  gilt,  which  was 
placed  in  the  centre  of  the  Forum.2 

*COLO'TES  {kuTiuttjc ),  another  name  for  the  a-r- 
K(ika6C)~r)c,  or  Spotted  Lizard.  ( Vid.  Ascalabotes.) 
Aristotle,  however,  in  one  part,3  would  seem  to  ap- 
ply it  to  some  other  animal  than  this.  Some  have 
taken  it  for  a  bird  ;  while  Scaliger  rather  thinks  it 
was  a  species  of  Scarabccus.* 

*COLOU'TEA  (KoXovrea),  a  plant,  which  has 
been  referred  to  the  genus  Colytca,  L.,  or  Bladder- 
Senna.  Three  species  are  described  by  Theophras- 
tus,  namely,  'ldala,  -KEpl  Anrupav,  and  ypvyavudrjc.5 

*COL'UBER,  a  species  of  Serpent,  considered  by 
some  to  be  the  same  with  the  Boas  of  Pliny.  ( Vid 
Draco.) 

*COLUMBA,  the  Pigeon.     {Vid.  Peristera.) 

COLUM  (rjdfiSg),  a  strainer  or  colander.  Various 
specimens  of  this  utensil  have  been  found  at  Pom- 
peii. The  annexed  woodcut  shows  the  plan  and 
profile  of  one  which  is  of  silver.1' 


£L 


Wine-strainers  (^Odvia)  were  also  made  or 
bronze,7  and  their  perforations  sometimes  formed 
an  elegant  pattern.  The  poor  used  linen  strain- 
ers ;8  and,  where  nicety  was  not  required,  they 
were  made  of  broom  or  of  rushes.9  The  Romans 
filled  the  strainer  with  ice  or  snow  (cola  nivaria)  in 
order  to  cool  and  dilute  the  wine  at  the  same  time 
that  it  was  cleared.  The  bone  of  the  nose,  which 
is  minutely  perforated  for  the  passage  of  the  olfac- 
tory nerves,  was  called  tjOjioc,  the  ethmoid  bone; 
from  its  exact  resemblance  to  a  strainer. 

COLUMBA'RIUM,  a  Dovecote  or  Pigeon-house 
The  word  occurs  more  frequently  in  the  plural  num- 
ber, in  which  it  is  used  to  express  a  variety  of  ob- 
jects, all  of  which,  however,  derive  their  name  from 
their  resemblance  to  a  dovecote. 

I.  In  the  singular,  Columbarium  means  ons  of 
those  sepulchral  chambers  formed  to  receive  the 
ashes  of  the  lower  orders,  or  dependants  of  great 
families  ;  and  in  the  plural,  the  niches  in  which  the 
cinerary  urns  (oll<z)  were  deposited.  Several  of 
these  chambers  are  still  to  be  seen  at  Rome.  Ono 
of  the  most  perfect  of  them,  which  was  discovered 
in  the  year  1822,  at  the  villa  Rufini,  about  two  miles 
beyond  the  Porta  Pia,  is  represented  in  the  annexed 
woodcut. 

Each  of  the  niches  contained  a  pair  of  urns,  with 
the  names  of  the  persons  whose  ashes  they  contain- 
ed inscribed  over  them.     The  use  of  the  word,  and 


1.  (Hieronym.  in  Hab.,  c.  3. — Suet.,  Vesp.,  18. — Plin.,  1.  c— 
Compare  Lamprid.,  Commod.,  17. — Dion  Cass.,  lxxii.,  15.) — 2. 
(Stat.,  Sylv.,  I.,  i.,  1.— Mart.,  Ep.,  i.,  71,  6.)— 3.  (H.  A.,  ix.,  2.) 
— 4.  (Adams,  Append.,  s.  v.) — 5.  (Theophrast.,  II.  P.,  iii.,  14, 
17.— Adams,  Append.,  1.  c.) — 6.  (Mus.  Borb.  T..  viii.,  14,  fig.  4, 
5.)  — 7.  (Athen.)—  8.  (Mart.,  xi'v.,  104.)— 9.  (Colum.,  De  Re 
Rust.,  i  i.,  19.) 

287 


COLUMNA. 


COLTIMNA. 


mode  of  occupation,  is  testified  in  the  following  in- 
icdption  : 

L.  Abucius  Hermes  in  hoc 

GRDINE  AB  IMO  AD  SUMMUM 

COLUMBARIA  IX.    OLL^E  XVIII. 

SIBI  POSTERISQUE  SUIS. 


tea  ^,^a$a«ssPs==5fewM 


M 


II.  In  a  machine  used  to  raise  water  for  the  pur- 
pose of  irrigation,  as  described  by  Vitruvius,2  the 
vents  through  which  the  water  was  conveyed  into 
the  receiving  trough  were  termed  Columbaria. 
This  will  be  understood  by  referring  to  the  woodcut 
at  p.  65.  (Vid.  Antlia.)  'The  difference  between 
that  representation  and  the  machine  now  under 
consideration  consisted  in  the  following  points : 
The  wheel  of  the  latter  is  a  solid  one  {tympanum) 
instead  of  radiated  (rota),  and  was  worked  as  a 
treadmill,  by  men  who  stood  upon  platforms  pro- 
jecting from  the  flat  sides  instead  of  being  turned 
by  a  stream.  Between  the  intervals  of  each  plat- 
form a  series  of  grooves  or  channels  (columbaria) 
were  formed  in  the  sides  of  the  tympanum,  through 
which  the  water  taken  up  by  a  number  of  scoops 
placed  on  the  outer  margin  of  the  wheel,  like  the 
jars  in  the  cut  referred  to,  was  conducted  into  a 
Wooden  trough  below  (labrum  ligneum  suppositum3). 

III.  The  cavities  into  which  the  extreme  ends 
of  the  beams  upon  which  a  roof  is  supported  (tigno- 
mm  cubilia),  and  which  are  represented  by  triglyphs 
in  the  Doric  order,  were  termed  Columbaria  by  the 
Roman  architects  ;*  that  is,  while  they  remained 
ompty,  and  until  filled  up  by  the  head  of  the  beam.5 

COLUMNA  (kiuv,  dim.  movie,  klovlov,  kiovlokoc' 
gtvXoc,  dim.  gtvX'lc,  gtvXlokoc),  a  Pillar  or  Column. 

The  use  of  the  trunks  of  trees  placed  upright  for 
supporting  buildings,  unquestionably  led  to  the  adop- 
tion of  similar  supports  wrought  in  stone.  Among 
the  agricultural  Greeks  of  Asia  Minor,  whose  modes 
of  life  appear  to  have  suffered  little  change  for  more 
than  two  thousand  years,  Mr.  Fellows  observed  an 
exact  conformity  of  style  and  arrangement  between 
the  wooden  huts  now  occupied  by  the  peasantry,  of 
one  of  which  he  has  given  a  sketch6  (see  woodcut), 


■;    V,IXXQX^XX33U[XXXXXLy..:--, 


-z^.  \  i 


r 
-'  '- 


and  the  splendid  tombs  and  temples,  which  were 


1.  (Spoil.,  Misc.  Ant.  Erudit.,  ix.,  p.  287.)— 2.  (x..  9.)— 3.  (Vi- 
truv.,  1.  c.)— 4.  (Vitrnv.,  iv.,  2,  p.  110,  ed.  Bipont.)  —  5.  (Mar- 
,u»z,  Dell'  Ordine  Dorico,  vii.,  37.)— 6.  (Journal,  p.  234.) 
288 


hewn  out  jf  the  rock,  and  constructed  at  the  ex- 
pense of  the  most  wealthy  of  the  ancient  inhabi- 
tants. We  have  also  direct  testimonies  to  prove 
that  the  ancients  made  use  of  wooden  columns  in 
their  edifices.  Pausanias1  describes  a  very  ancient 
monument  in  the  market-place  at  Elis,  consisting 
of  a  roof  supported  by  pillars  of  oak.  A  temple  of 
Juno  at  Metapontum  was  supported  by  pillars  mad<j 
from  the  trunks  of  vines.2  In  the  Egyptian  archi- 
tecture, many  of  the  greatest  stone  columns  are 
manifest  imitations  of  the  trunk  of  the  palm.3 

As  the  tree  required  to  be  based  upon  a  flat  square 
stone,  and  to  have  a  stone  or  tile  of  similar  form 
fixed  on  its  summit  to  preserve  it  from  decay,  so 
the  column  was  made  with  a  square  base,  and  was 
covered  with  an  abacus.  (Vid.  Abacus.)  Hence 
the  principal  parts  of  which  every  column  consists 
are  three,  the  base,  the  shaft,  and  the  capital. 

.  In  the  Doric,  which  is  the  oldest  style  of  Greek 
architecture,  we  must  consider  all  the  columns  jn 
the  same  row  as  having  one  common  base  (podium). 
whereas  in  the  Ionic  and  Corinthian  each  column 
has  a  separate  base,  called  oTrelpa.  (Vid.  Spira.) 
The  capitals  of  these  two  latter  orders  show,  on 
comparison  with  the  Doric,  a  yet  greater  degree  of 
complexity  and  a  much  richer  style  of  ornament ; 
and  the  character  of  lightness  and  elegance  is  far- 
ther obtained  in  them  by  their  more  slender  shaft, 
its  height  being  much  greater  in  proportion  to  its 
thickness.  Of  all  these  circumstances,  some  idea 
may  be  formed  by  the  inspection  of  the  three  ac- 
companying specimens  of  pillars,  selected  from  each 
of  the  principal  orders  of  ancient  architecture.  The 
first  is  from  a  column  of  the  Parthenon  at  Athens, 
the  capital  of  which  is  shown  on  a  larger  scale  at 
p.  9.  The  second  is  from  the  temple  of  Bacchus  at 
Teos,  the  capital  of  which  is  introduced  at  p.  Hi.;. 
The  third  is  from  the  remains  of  the  temple  cf  Ju- 
piter at  Labranda. 


HiJ±JJFf?r 


I 


CIS 

I' 


m 


Ullil 


s 


e 


3 


In  all  the  orders,  the  shaft  (scapus)  tapers  from 
the  bottom  towards  the  top,  thus  imitating  the  nat- 
ural form  of  the  trunk  of  a  tree,  and  at  the  same 
time  conforming  to  a  general  law  in  regard  to  the 
attainment  of  strength  and  solidity  in  all  upright 
bodies.  The  shaft  was,  however,  made  with  a 
slight  swelling  in  the  middle,  which  was  called  the 
entasis.  It  was,  moreover,  almost  universally,  and 
from  the  earliest  times,  channelled  or  fluted,  i.  c, 
the  outside  was  striped  with  incisions  parallel  to 
the  axis.*  These  incisions,  called  stria,  were  al- 
ways worked  with  extreme  regularity.  The  sec- 
tion of  them  by  a  plane  parallel  to  the  base  was,  in 
the  Ionic  and  Corinthian  orders,  a  semicircle  ;  in 

1.  (vi.,  24,  if  7.)— 2.  (Plin.,  H.  N.,  xxiv.,  1.)— 3  (Herod.,  ii„ 
169.)— 4.  (Vitruv.,  iv  ,  4.) 


COLUMNA. 


OOLUMNA. 


ine  Doric,  it  was  an  arc  much  less  than  a  semicir- 
cle. Their  number  was  20  in  the  columns  of  the 
Parthenon  above  represented ;  in  other  instances, 
21,  28,  or  32. 

The  capital  was  commonly  wrought  out  of  one 
bUjck  of  stone,  the  shaft  consisting  of  several  cylin- 
drical pieces  fitted  to  one  another.  When  the  col- 
umn was  erected,  its  component  parts  were  firmly 
joined  together,  not  by  mortar  or  cement,  but  by 
iron  cramps  fixed  in  the  direction  of  the  axis.  The 
annexed  woodcut  is  copied  from  an  engraving  in 
Swinburne's  Tour  in  the  Two  Sicilies,1  and  repre- 
sents a  Doric  column,  which  has  been  thrown  pros- 
trate m  such  a  manner  as  to  show  the  capital  lying 
separate,  and  the  five  drums  of  the  shaft,  each  four 
feet  long,  with  the  holes  for  the  iron  cramps  by 
which  they  were  united  together. 


Columns  of  an  astonishing  size  were  nevertheless 
erected,  in  which  the  shaft  was  one  piece  of  stone. 
For  this  purpose  it  was  hewn  in  the  quarry  into  the 
requisite  form,2  and  was  then  rolled  over  the  ground, 
or  moved  by  the  aid  of  various  mechanical  contri- 
vances, and  by  immense  labour,  to  the  spot  where 
it  was  to  be  set  up.  The  traveller  now  sometimes 
views  with  wonder  the  unfinished  pillars,  either  oc- 
cupying their  original  site  in  the  quarry,  or  left  after 
having  performed  one  half  their  journey,  while  he 
finds  other  shafts  arranged  in  their  intended  posi- 
tion, and  consisting  each  of  a  single  piece  of  marble, 
ulabaster,  porphyry,  jasper,  or  granite,  which  is  ei- 
ther corroded  by  time,  or  retains  its  polish  and  its 
varied  and  beautiful  colours,  according  to  the  situa- 
tion in  which  it  has  been  placed,  or  the  durability 
of  its  substance.  The  mausoleum  of  the  Emperor 
Adrian,  a  circular  building  of  such  dimensions  that 
it  serves  as  the  fortress  of  modern  Rome,  was  sur- 
rounded by  forty-eight  lofty  and  most  beautiful  Co- 
rinthian pillars,  the  shaft  of  each  pillar  being  a  sin- 
gle piece  of  marble.  About  the  time  of  Constan- 
tine,  some  of  these  were  taken  to  support  the  inte- 
rior of  a  church  dedicated  to  St.  Paul,  which  a  few 
years  ago  was  destroyed  by  fire.  The  interest  at- 
tached to  the  working  and  erection  of  these  noble 
columns,  the  undivided  shafts  of  which  consisted  of 
the  most  valuable  and  splendid  materials,  led  mu- 
nificent individuals  to  employ  their  wealth  in  pre- 
senting them  to  public  structures.  Thus  Croesus 
contributed  the  greater  part  of  the  pillars  to  the 
temple  at  Ephesus.3  In  the  ruins  at  Labranda,  now 
called  Jackly,  in  Caria,  tablets  in  front  of  the  col- 
umns record  the  names  of  the  donors,  as  is  shown 
in  the  specimen  of  them  above  exhibited. 

*"  The  capitals  used  in  the  architecture  of  the 
Greeks,"  observes  Stuart,*  "  though  with  number- 
less minute  variations  of  ornaments  and  propor- 
tions, arrange  themselves  into  three  general  classes, 
and  offer  the  most  obvious  distinction  between  the 
orders.  The  Doric  capital,  which  preserves  more 
of  the  primitive  type  than  any  other,  is  extremely 
plain,  but  its  simplicity  is  not  without  beauty.  It 
consists  of  a  broad  and  massy  abacus,  an  ovolo  un- 
der the  abacus,  from  three  to  five  fillets  under  the 

1.  (vol.  ii.,  p.  301.)— 2.  (Virgr.,  ^En.,  i.,  428.)— 3.  (Herod.,  i., 
•2.)— A.  (Dictionary  of  Architecture,  vol.  i.,  3.  v.  Capital.) 

Oo 


ovolo,  and  under  these  a  neck  called  the  frieze  of 
the  capital.  In  the  Ionic  capital  there  is  great  in- 
vention, and  a  particular  character  is  displayed  ;  in- 
deed, so  much  so,  that  it  never  fails  to  distinguish 
itself,  even  on  the  most  slight  and  careless  observa- 
tion. It  consists  of  a  small  and  moulded  abacus, 
below  which  depend  to  the  right  and  left  two  spiral 
volutes  ;  it  has  also  an  echinus,  which  is  not  unfre- 
quently  enriched,  and  a  bead.  The  Corinthian  cap- 
ital is  most  richly  ornamented,  and  differs  extreme- 
ly from  the  others.  In  this  the  abacus  is  hollowed, 
forming  a  quadrilateral  figure  with  concave  sides, 
the  angles  of  which  are  generally  truncated.  Some- 
times the  abacus  is  enriched,  but  more  frequently 
ornamented  with  a  flower  in  the  middle.  Below 
the  abacus  the  capital  has  the  form  of  a  vase  or 
bell,  surrounded  with  two  tiers  of  the  leaves  of  the 
acanthus,  or,  rather,  of  leaves  resembling  those  of 
a  species  of  the  acanthus  plant.  Under  each  angle 
of  the  abacus  springs  a  volute,  and  under  the  flow- 
er in  the  centre  of  the  abacus  there  are  cauliculi. 
With  regard  to  the  Tuscan  capital,  there  are  nc 
authenticated  remains  of  the  order ;  and  the  pre- 
cepts of  Vitruvius  on  this  head  are  so  very  obscure 
that  the  modern  compilers  of  systems  of  architec- 
ture have,  of  course,  varied  exceedingly  in  their  de- 
signs ;  the  order,  therefore,  that  passes  under  this 
name  must  be  regarded  rather  as  a  modern  than  an 
ancient  invention.  It  has  been  made  to  differ  from 
the  modern  Doric  by  an  air  of  poverty  and  rudeness, 
by  the  suppression  of  parts  and  mouldings.  But, 
though  the  Tuscan  capital  is  plain  and  simple  in  the 
highest  degree,  it  well  becomes  that  column  whose 
character  is  strength.  The  Composite  capital  is 
formed  by  a  union  of  the  Ionic  and  Corinthian.  It 
consists  of  a  vase  or  bell,  a  first  and  second  row  of 
acanthus  leaves,  with  some  small  shoots,  a  fillet, 
astragal,  ovolo,  four  volutes,  and  a  hollowed  abacus 
with  a  flower  in  its  centre." 

Columns  were  used  in  the  interior  of  buildings, 
to  sustain  the  beams  which  supported  the  ceiling. 
As  both  the  beams  and  the  entire  ceiling  were  often 
of  stone  or  marble,  which  could  not  be  obtained  in 
pieces  of  so  great  a  length  as  wood,  the  columns 
were  in  such  circumstances  frequent  in  proportion, 
not  being  more  than  about  ten  or  twelve  feet  apart. 
The  opisthodomos  of  the  Parthenon  of  Athens,  as 
appears  from  traces  in  the  remaining  ruins,  had  foui 
columns  to  support  the  ceiling.  A  common  arrange- 
ment, especially  in  buildings  of  an  oblong  form,  waa 
to  have  two  rows  of  columns  parallel  to  the  two 
sides,  the  distance  from  each  side  to  the  next  row 
of  columns  being  less  than  the  distance  between 
the  rows  themselves.  This  construction  was  adopt- 
ed not  only  in  temples,  but  in  palaces  (olno/),  i.  e.t 
in  houses  of  the  greatest  size  and  splendoui  1  he 
great  hall  of  the  palace  of  Ulysses  m  Ithaca,  that  of 
the  King  of  the  Phaeacians,  and  that  of  the  palace 
of  Hercules  at  Thebes,1  are  supposed  to  have  been 
thus  constructed,  the  seats  of  honour  both  for  me 
master  and  mistress,  and  for  the  more  distinguished 
of  their  guests,  being  at  the  foot  of  certain  pillars  " 
In  these  regal  halls  of  the  Homeiic  aera,  we  are  also 
led  to  imagine  the  pillais  decorated  with  arms. 
When  Telemachus  enters  his  father's  hall,  heplaces 
his  spear  against  a  column,  and  "  within  the  doI- 
ished  spear-holder,"  by  which  we  must  understand 
one  of  the  striae  or  channels  of  the  shaft.9  Around 
the  base  of  the  columns,  near  the  entrance,  all  the 
warriors  of  the  family  were  accustomed  to  incline 
their  spears  ;  and  from  the  upper  part  of  the  same 
they  suspended  their  bows  and  quivers  on  nails  or 
hooks.*   The  minstrel's  lyre  hung  upon  its  peg  from 

1.  (Eurip.,  Here.  Fur.,  975-1013.)— 2.  (Od.,  vi.,  307  ;  viii.,80 
473;  xxiii.,  90.)  —  3.  (Od.,  i.,  127-129;  xvii.,  29.— Vir  ;.,  &a 
xii.,  92.)— 4.  (Horn.,  Hymn,  in  Ap.,  8.) 

289 


COLUMNA. 


COLIjMWA. 


another  column  nearer  the  top  of  the  room.1  The 
columns  of  the  hall  were  also  made  subservient  to 
less  agreeable  uses.  Criminals  were  tied  to  them 
in  order  to  be  scourged  or  otherwise  tormented.2 
According  to  the  description  in  the  Odyssey,  the 
beams  of  the  hall  of  Ulysses  were  of  silver-fir  ;  in 
such  a  case,  the  apartment  might  be  very  spacious 
without  being  overcrowded  with  columns.3  Such, 
likewise,  was  the  hall  of  the  palace  of  Atreus  at 
Mycenae  :  "  Fulget  turbo,  capax  Jmmane  tectum,  cu- 
jus  auratas  trabes  Variis  columnar  nobiles  maculis  fe- 
runt."* 

Rows  of  columns  were  often  employed  within  a 
building  to  enclose  a  space  open  to  the  sky.  Beams 
supporting  ceilings  passed  from  above  the  columns 
to  the  adjoining  walls,  so  as  to  form  covered  passa- 
ges or  ambulatories  (croat).  Such  a  circuit  of  col- 
umns was  called  a  peristyle  {irepioTvlov),  and  the 
Roman  atrium  was  built  upon  this  plan.  The  lar- 
gest and  most  splendid  temples  enclosed  an  open 
space  like  an  atrium,  which  was  accomplished  by 
placing  one  peristyle  upon  another.  In  such  cases, 
the  lower  rows  of  columns  being  Doric,  the  upper 
were  sometimes  Ionic  or  Corinthian,  the  lighter  be- 
ing properly  based  upon  the  heavier.5  A  temple  so 
constructed  was  called  hypcethral  {vnaidpoc). 

On  the  outside  of  buildings  columns  were  by  no 
means  destitute  of  utility.  But  the  chief  design 
in  erecting  them  was  the  attainment  of  grandeur 
and  beauty ;  and,  to  secure  this  object,  every  cir- 
cumstance relating  to  their  form,  proportions,  and 
arrangement  was  studied,  with  the  utmost  nicety 
and  exactness.  Of  the  truth  of  this  observation, 
some  idea  may  be  formed  from  the  following  list  of 
terms,  which  were  employed  to  distinguish  the  dif- 
ferent kinds  of  temples.6 

I.  Terms  describing  the  number  and  arrange- 
ment of  the  columns. 

1.  'Aorvhog,  astyle,  without  any  columns.7 

2.  'Ev  TtapaaTuGi,  in  antis,  with  two  columns  in 
front  between  the  antse.8    (Woodcut,  p.  61.) 

3.  UpoGTvXog,  prostyle,  with  four  columns  in  front. 

4.  'A[i<}>i7rp6GTv?ioc,  amphiprostyle,  with  four  col- 
umns at  each  end. 

5.  UepiTTTepoc  or  afityiKicdv,9  peripteral,  with  col- 
umns at  each  end  and  along  each  side,  the  side  being 
about  twice  as  many  as  the  end  columns,  including 
two  divisions,  viz. :  •■ 

a.  'Etjaorvhoc,  hexastyle,  with  six  columns  at  each 
end,  and  either  nine  or  eleven  at  each  side, 
besides  those  at  the  angles.  Example,  the 
Theseum  at  Athens. 

h,  'Okt&gtvIoc,  octastyle,  with  eight  columns  at 
each  end,  and  fiffeen  at  each  side,  besides 
those  at  the  angles.  Example,  the  Parthenon 
at  Athens. 

6.  AiizTepoc,  dipteral,  with  two  ranges  of  columns 
(irrepd)  all  round,  the  one  within  the  other. 

7.  "kevdodLTrrepoe,  pseudodipteral,  with  one  range 
only,  but  at  the  same  distance  from  the  walls  of  the 
cella  as  the  outer  range  of  a  diirrepoc. 

8.  Ae/cdorvAoc  decastyle,  with  ten  columns  at  each 
end,  which  was  the  case  only  in  hypaethral  temples.10 

II.  Terms  describing  the  distance  of  the  columns 
liom  one  another,  and  from  the  walls  of  the  cella. 

1.  Tlvx.vooTv'koc,  pycnostyle,  the  distance  between 
the  columns  a  diameter  of  a  column  and  half  a  di- 
ameter. 

2.  2vcTv2,oe,  systyle,  the  distance  between  the 
columns  two  diameters  of  a  column. 

1.  (Od.,viii.,  67.— Pind.,  01.,  i.,  17.)— 2.  (Soph.,  Ajax,  108. 
— Lobeck,  ad  lcc.— Diog.  Laert.,  viii.,  21.— Hesiod.,  Theog.,  521.) 
—3.  (Od.,  xix.,  38  ;  xxii.,  176  193.)— 4.  (Sen.,  Thyest.,  iv.,  1.) 

5.  (Paus.,  Till.,  45,  k,  4.)— 6  (Vitruv.,  iii.,  2,  3.)  —  7.  (Leoni- 
das  Tar.  in  B'inck.  Analect.,  i.,  237.— Plin.,  II.  N.,  xxxiv.,  8.) 
-8.  (Pind.,  01 ,  vi.,  1.)  -9.  (S3ph.,Antig.,285.)-10.  (Vitrw., 
.1i.,  1.) 

2PJ 


3.  EvgtvXoc,  eustyle,  the  distance  between  the 
columns  two  diameters  and  a  quarter,  except  in  the 
centre  of  the  front  and  back  of  the  building,  where 
each  intercolumniation  {inter columnium)  was  threo 
diameters,  called  eustyle,  because  it  was  best  adapt 
ed  both  for  beauty  and  convenience. 

4.  Ai&gtvIoc,  diastyle,  the  intercolumniation,  oi 
distance  between  the  columns,  three  diameters. 

5.  'Apai6arv?.oc,  arceostyle,  the  distances  excess- 
ive, so  that  it  was  necessary  to  make  the  epistyle 
(eTTiarvXtov),  or  architrave,  not  of  stone,  but  of 
timber. 

Columns  in  long  rows  were  used  to  convey  watei 
in  aqueducts,1  and  single  pillars  were  fixed  in  har- 
bours for  mooring  ships.2  Some  of  these  are  found 
yet  standing. 

Single  columns  were  also  erected  to  commemo- 
rate persons  or  events.  Among  these,  some  of  the 
most  remarkable  were  the  columnce  rostrata,  called 
by  that  name  because  three  ship-beaks  proceeded 
from  each  side  of  them,  and  designed  to  record  suc- 
cessful engagements  at  sea  (navali  surgentes  cert 
columnce3).  The  most  important  and  celebrated  of 
those  which  yet  remain  is  one  erected  in  honour  of 
the  consul  C.  Duillius,  on  occasion  of  his  victory  , 
over  the  Carthaginian  fleet,  B.C.  261  (see  the  an- 
nexed woodcut).     It  was  originally  placed  in  the. 


Forum,*  and  is  now  preserved  in  the  museum  of 
the  Capitol.  The  inscription  upon  it,  in  great  part 
effaced,  is  written  in  obsolete  Latin,  similar  tc  that 
of  the  Twelve  Tables.5  When  statues  were  raised 
to  ennoble  victors  at  the  Olympic  and  other  games, 
or  to  commemorate  persons  who  had  obtained  any 
high  distinction,  the  tribute  of  public  homage  was 
rendered  still  more  notorious  and  decisive  by  fixing 
their  statues  upon  pillars.  They  thus  appeared,  as 
Pliny  observes,6  to  be  raised  above  other  mortals. 

But  columns  were  much  more  commonly  used  to 
commemorate  the  dead.  For  this  purpose  they  va- 
ried in  size,  from  the  plain  marble  pillar  bearing  a 
simple  Greek  inscription,7  to  those  lofty  and  elabo- 
rate columns  which  are  now  among  the  most  won- 
derful and  instructive  monuments  of  ancient  Rome. 
The  column  on  the  right  hand,  in  the  last  woodcut, 
exhibits  that  which  the  senate  erected  to  the  honour 
of  the  Emperor  Trajan,  and  crowned  with  his  co- 
lossal statue  in  bronze.  In  the  pedestal  is  a  door, 
which  leads  to  a  spiral  staircase  for  ascending  to 


1.  (Crates,  ap.  Athen.,vi.,94.)— 2.  (Od.,  xxii.,  466.)— 3.  (Virs., 
Georg.,  iii.,  29.— Servius,  ad  loc.) — 4.  (Plin.,  H.  N.,  xxxiv.,  1 1 .) 
—5.  (Quintil.,  i.,  7.)— 6.  (H.  N.,  xxxiv.,  12.)— 7.  (Leon.  Tar  >■ 
Brunck.  Anal.,  i.,  239.) 


COMA. 


COMA. 


the  summit.  Light  is  admitted  to  the  staircase 
through  numerous  apertures.  A  spiral  bas-relief  is 
folded  round  the  pillar,  which  represents  the  em- 
peror's victories  over  the  Dacians,  and  is  one  of  the 
most  valuable  authorities  for  archaeological  inqui- 
ries. Including  the  statue,  the  height  of  this  monu- 
ment, in  which  the  ashes  of  the  emperor  were  de- 
posited, was  not  less  than  130  feet.  A  similar  col- 
umn, erected  to  the  memory  of  the  Emperor  Marcus 
Aurelius,  remains  at  Rome,  and  is  commonly  known 
by  the  appellation  of  the  Antonine  column.  After 
the  death  of  Julius  Caesar,  the  people  erected  to 
his  memory  a  column  of  solid  marble,  20  feet  high, 
in  the  Forum,  with  the  inscription  parenti  patriae.1 
Columns  still  exist  at  Rome,  at  Constantinople,  and 
in  Egypt,  wrhich  were  erected  to  other  emperors. 

COMA  (k6{it]),  the  hair  of  the  head.  Besides  this 
general  term,  there  are  various  other  words,  both 
in  Greek  and  Latin,  signifying  the  hair,  each  of 
which  acquires  its  distinctive  meaning  from  some 
physical  property  of  the  hair  itself,  or  from  some  pe- 
culiarity in  the  mode  of  arranging  it,  the  principal 
of  which  are  as  follow :  1.  "Edecpa,2  a  head  of  hair 
when  carefully  dressed.3  2.  Xairv,  properly  the 
mane  of  a  horse  or  lion,  is  used  to  signify  long  flow- 
ing hair.4  3.  $0677,  when  accurately  used,  implies 
the  hair  of  the  head  in  a  state  of  disorder  incident 
to  a  person  under  a  sense  of  fear.5  4.  Ilo/cdf,  from 
-eiKo  or  tteko),6  the  hair  when  combed  and  dressed.7 
5.  0p/f,  a  general  term  for  hair,  from  the  plural  of 
which  the  Romans  borrowed  their  word  trica  :9  rpi- 
X^clc  and  rpix^a  are  used  in  the  same  sense.9  6. 
Kopan  (Att.  Kopprj),  from  the  old  word  nop,  the 
head,"1  signifies  properly  the  hair  on  the  top  of  the 
head ;  and  hence  a  particular  fashion  of  arranging 
the  hair  among  the  Greek  woraer.  was  termed  ko- 
pv/x6og  ;11  or,  when  worn  in  the  same  style  by  the 
men,  it  was  designated  by  another  derivative  from 
the  same  word,  Kpu6v2,og.12  To  produce  this  effect, 
the  hair  was  drawn  up  all  round  the  head  from  the 
front  and  back,  and  fastened  in  a  bow  on  the  top, 
as  exemplified  in  the  two  following  busts,  one  of 
the  Apollo  Belvidere,  the  Dther  of  Diana,  from  the 
British  Museum.1* 


Hercules,  one  of  which  is  subjoined  from  a 
men  in  the  British  Museum.1 


speet 


Instead  of  a  band,  the  people  of  Athens  fastened 
the  bow  with  an  ornamental  clasp,  fashioned  like  a 
grasshopper,  to  show  that  they  were  aborigines.1* 
KpudvXoc  is  also  used  for  a  cap  of  network,  like  that 
represented  at  p.  187,  271.  (Vid.  Calantica.)  7. 
Ma?.A6f,  which  properly  means  wool,  was  also  used 
for  the  short,  round,  curly  hair,  which  resembles 
the  fleece  of  a  lamb,  such  as  is  seen  in  some  of  the 
early  Greek  sculptures,  particularly  in  the  heads  of 

1.  (Suet ,  Jul.,  85,-2.  (Horn.,  II.,  xvi.,  795.)— 3.  (Schol.  ad 
Theo;r.,  Idyll.,  i.,  34.)— 4.  (Horn.,  II.,  xxiii.,  141.)— 5.  (Soph., 
(Ed.  Col.,  1465.— Antig.,  419.)— 6.  (Hesych.)— 7.  (Aristoph., 
Thesm.,  547.)— 8.  (Nonius,  s.  v. )— 9.  (^Esch.,  Sept.  c.  Theb., 
663.— Eurip.,  Iph.  Taur.,  7a)— 10.  (Blomf.,  Gloss,  ad  ^Esch., 
Pers.,  664.)— 11.  (Thucyd.,  i.,  6.^—12.  (Schol. ad  Thucyd.,  I.e.) 
-13.  (Chamber  xii.,  No.  19.) — 14.  (Thucyd.,  i.,  6.—  Virg.,  Ciris, 
128.) 


8.  Kepaf  {Kepa  ay/iae2),  a  term  used  when  the 
hair  was  combed  up  from  the  temples  on  each  side, 
so  as  to  give  it  the  appearance  of  two  horns,  as  is 
seen  in  the  heads  of  fawns  and  satyrs,  and  in  the 
bust  of  Jupiter  introduced  below.  9.  Klkivvoc,3 
Trlox/iog*  x^dah6  the  hair  which  falls  in  ringlets, 
either  natural  or  artificial,  which  was  sometimes 
called  fiooTpvxog  and  TcloKa/ioc.6  All  these  terms, 
when  strictly  appropriated,  seem  to  designate  that 
singular  style  of  coiffure  which  is  observable  in 
Etruscan  and  early  Greek  works,  and  common  to 
both  sexes,  as  is  seen  in  the  casts  from  the  temple 
of  Jupiter  Panhellenius  in  the  British  Museum. 

Besides  the  generic  coma,  the  Romans  made  use 
of  the  following  terms,  expressive  of  some  peculiar 
qualities  in  the  hair,  or  particular  mode  of  arrange- 
ment :  1.  Capillus,  according  to  the  old  etymolo 
gists,  quasi  capitis  pilus.  2.  Crinis,  the  hair  when 
carefully  dressed.7  3.  Casaries,  which  is  said, 
though  without  much  probability,  to  be  connected 
with  cado,  the  hair  of  the  male  sex,  because  they 
wore  it  short,  whereas  the  women  did  not.  4.  Cin- 
cinnus,  ninivvoc*  the  hair  when  platted  and  dress- 
ed in  circles,  like  the  head  on  page  21  (vid.  Acus), 
as  it  is  still  worn  by  the  women  of  Mola  di  Gaieta 
(Formia).  Martial9  terms  these  circles  annuli,  and 
Claudian10  orbes.  5.  Cirrus,  a  lock  of  curly  hair 
The  locks  which  fell  over  the  forehead  were  termed 
capronce,11  quasi  a  capite  prona,1*  npoicofiiov  ;13  those 
which  fell  from  the  temples  over  the  ears,  antics.1* 
Both  the  antics  and  caprona  are  accurately  traced  in 
the  figure  of  Cupid  bending  his  bow,  in  the  British 
Museum,  from  which  the  following  woodcut  is  ta- 
ken.1* 


All  the  Greek  divinities  are  distinguished  by  a 
characteristic  coiffure,  modified  in  some  respects  as 
the  arts  progressed,  but  never  altered  in  character 
from  the  original  model ;  so  that  any  person  tolera- 
ably  conversant  with  the  works  of  Greek  art  may 
almost  invariably  recognise  the  deity  represented 
from  the  disposition  of  the  hair.  We  proceed  to 
specify  some  of  the  principal  ones. 

The  head  of  the  lion  is  the  type  upon  which  that 


1.  (Chamber  ii.,  No.  12.)— 2.  (Schol.  ad  II.,  xi.,  385.— Com- 
pare Juv.,  Sat.,  xiii.,  165. — Virg.,  ^En.,  xii.,  89.) — 3.  (Aristoph., 
Vesp.,  1069.)— 4.  (II.,  xvii.,  52.)— 5.   (Soph.,  Electr.,  52.)— 6 
(Pollux,  Onom.,  ii.,  28.)— 7.  (Hor.,  Carm.,  I.,  xv.,20.)— 8   (Cic, 
c.  Pison.,  11.— Plaut.,  True,  II.,  ii.,  32.)— 9.  (Ep.,  ii.,  6t>,  2.)— 
10.  (Proserp.,  xxxv.,  15.)— 11.  (Apul.,  Met.,  i.,  r-  14,  ed-  0u 
dendorp.)— 12.  (Nonius,  s.  v.— Lucil.,  Sat.,  xv.)--13.    (Pollux 
Onom.,  vii.,  95  ;  x.,  170.)— 14.  (Apul.,  1.  c— Isidor.,  Orig.,  xi*. 
31.)— 15.  (Chamber  vi.,  No.  22.— Compare  xi.,  23.) 

291 


COMA. 


COMA. 


of  Jupiter  is  formed,  particularly  in  the  disposition 
of  the  hair,  which  rises  from  the  forehead,  and  falls 
back  in  loose  curls  down  the  sides  of  the  face,  until 
it  forms  a  junction  with  the  beard.  This  is  illus- 
trated by  the  next  two  woodcuts,  one  of  which  is 
from  a  statue  of  Jupiter  in  the  Vatican,  supposed  to 
be  a  copy  of  the  Phidian  Jove ;  and  the  other  is  a 
lion'  3  head,  from  the  British  Museum."     The  same 


disposition  of  the  hair  is  likewise  preserved  in  all 
the  real  or  pretended  descendants  from  Jupiter, 
such  as  iEsculapius,  Alexander,  &c. 

Pluto  or  Serapis  has  the  hair  longer,  straighter, 
and  lower  over  the  forehead,  in  order  to  give  sever- 
ity to  the  aspect,  and  with  the  modius  on  his  head, 
as  represented  in  the  next  drawing,  from  the  British 
Museum.8  The  modius  is  decorated  with  an  olive 
branch,  for  oil  was  used  instead  of  wine  in  sacri- 
fices to  Pluto.* 


from  a  very  beautiful  and  early  Greek  sculpture  in 


The  hair  of  Neptune  is  cut  finer  and  sharper 
*han  that  of  Jupiter.  It  rises  from  the  forehead, 
and  then  falls  down  in  flakes,  as  if  wet,  in  the 
manner  represented  in  the  following  head,  from  the 
British  Museum.* 


Apollo  is  usually  represented  with  the  KpuBvhog  ; 
but  when  the  hair  is  not  tied  up  on  the  top  of  the 
head,  it  is  always  long  and  flowing  over  the  neck 
and  shoulders,  as  represented  in  the  next  woodcut, 


the  British  Museum.1     Hence  he  is  called  inlonsu* 
and  anepGEKOfiris? 

Bacchus  also  wears  his  hair  unshorn  ;  for  he,  as 
well  as  Apollo,  is  typical  of  perpetual  youth  : 

"  Solis  tzterna  est  Phcebo  Bacchoque  juvenlas, 

Nam  decet  intonsus  crinis  utrumque  Deam."3 

In  the  mature  age  of  Greek  art,  Mercury  has 
short  curly  hair,  as  represented  by  the  .head  on  the 
left  hand  in  the  woodcut  below,  from  a  statue  in  the 
Vatican,  which  was  for  a  long  time  falsely  ascribed 
to  Antinous  ;  but  in  very  early  Greek  works  ho  is 


1    (Chamber  ii..   No.   13.)— 2.  (Chamber  vii.,   No.  68.)- 
Virg.,  JEn.,  vi.,  254.)— 4.  (Chamber  xi.,  No.  27.) 
292 


-3. 


represented  with  braided  hair,  in  the  Etruscan  style, 
and  a  sharp-pointed  beard  (see  the  right  hand  wood- 
cut, from  an  altar  in  the  museum  of  the  Capital  at 
Rome),  whence  he  is  termed  coTjvoTruyuv .* 

Hercules  has  short,  crisp  hair,  like  the  curls  be- 
tween the  horns  of  a  bull,  the  head  of  which  animal 
formed  the  model  for  his,  as  is  exemplified  in  the 
subjoined  drawings,  one  being  the  head  of  the  Far- 
nese  Hercules,  the  other  that  of  a  bull,  from  a  bas- 
relief  at  Rome,  in  which  all  the  characteristics  of 
Hercules,  the  small  head,  thick  neck,  and  particular 
form  of  the  hair,  are  strongly  preserved. 


The  hair  of  Juno  is  parted  in  the  front,  and  en  the 
top  of  the  head  is  a  kind  of  diadem,  called  in  Latin 
corona,  and  in  Greek  ctyevdovr},  from  its  resemblance 
to  a  sling,  the  broad  part  of  which  is  placed  above 
the,  forehead,  while  the  two  lashes  act  as  bands  to 
confine  the  hair  on  the  sides  of  the  head,  and  fasten 
it  behind,*  in  the  manner  represented  in  the  next 
woodcut,  from  the  British  Museum.6 

1.  (Chamber  iv.,  No.  2.)— 2.  (Horn.,  Hymn,  ad  A  poll.,  134. — 
Compare  450.) — 3.  (Tibull.,  I.,  iv..  38.— Compare  Euvip.,  Bacrh., 
455.— Seneca,  Hippol.,  752— Id.,  (Ed.,  416.)— 4.  (Pollux,  OnciR., 
iv.,  143,  145.— Compare  Paus..  vii.,  22,  (/  2.)— 5.  (Eustatb  *J 
Pionys    Perieeret..  v.,  7.) — 6.  'Chamber  xii.,  No.  3  » 


COMA. 


COMA, 


Pajlas  is  larely  seen  without  her  helmet ;  but 
when  poitrayed  with  her  head  uncovered,  the  hair 
is  tied  up  in  a  knot  at  some  distance  from  the  head, 
and  then  falls  from  the  band  in  long  parallel  curls. 

Venus  and  Diana  are  sometimes  adorned  with 
the  KopvuGot;  (woodcut,  p.  291);  but  both  these  di- 
vinities are  more  frequently  represented  with  their 
bair  dressed  in  the  simple  style  of  the  young  Greek 
girls,1  whose  hair  is  parted  in  front,  and  conducted 
round  to  the  back,  so  as  to  conceal  the  upper  part 
of  the  ears.  It  is  then  tied  in  a  plain  knot  at  the 
nape  of  the  neck,  or,  at  other  times,  though  less 
frequently,  at  the  top  of  the  head ;  both  of  which 
fashions  are  represented  in  the  two  woodcuts  sub- 
joined ;  one,  that  on  the  left,  a  daughter  of  Niobe; 
and  the  other  from  a  bas-relief  at  Rome. 


For  the  other  styles  of  Venus  and  Diana,  see  the 
Venus  di  Medici,  and  British  Museum,  Chamber  ii., 
No.  8  ;  hi.,  13  ;  iv.,  11 ;  xii.,  19  ;  and  Venus  of  the 
central  saloon  :  the  other  ornaments  sometimes 
seen  in  statues  of  Diana  are  works  of  a  later  age. 

Fair  hair  was  much  esteemed  both  by  the  Greeks 
and  Romans  ;  hence,  in  some  of  the  statues,  the  hair 
was  giit,  remains  of  which  are  discernible  in  the 
Venus  di  Medici,  and  in  the  Apollo  of  the  Capitol ; 
and  both  sexes  dyed  their  hair  when  it  grew  gray.2 

False  hair,  or  wigs,  tyevuKr),  tc7jv(ktj,  n6ftat  irpoaOE- 
Tai,  rptxec  npoadiTai,  galerus,  were  also  worn  by  the 
people  of  both  countries.3 

In  very  early  times  the  Romans  wore  their  hair 
long,  as  was  represented  in  the  oldest  statues  during 
the  age  of  Varro,*  and  hence  the  Romans  of  the 
Augustan  age  designated  their  ancestors  intonsi5 
and  capillali.6  But  this  fashion  did  not  last  after 
the  year  B.C.  300,  as  appears  by  the  remaining 
works  of  art.  The  women,  too,  dressed  their  hair 
with  simplicity,  at  least  until  the  time  of  the  em- 
perors, and  probably  much  in  the  same  style  as 
those  of  Greece  ;  but  at  the  Augustan  period  a  va- 
riety of  different  head-dresses  came  into  fashion, 
many  of  which  are  described  by  Ovid.7  Four  spe- 
cimens of  different  periods  are  given  below.    The 

1.  (Compare  Pans.,  viii.,  20,  t)  2  ;  x.,  25,  $  2.)— 2.  (Aristoph., 
Eccles., 736.— Mart.,  Epig.,  iii.,  43.— Propert.,  II.,  xviii.,  24,  28.) 
—  3.  (Pollux,  Onom.,  ii.,  30  ;  x.,  170. — Etyinol.  Mag.,  s.  v. 
Aian-i/vjK/Iu)  and  QtvaKioQivrts.— Xen.,  Cyrop.,  i.,  3, 1)  2. — Polvb., 
ui.,  78.— Juv.,  Sat.,  vi.,  120.)— 4.  (De  Re  Rust.,  II.,  xi.,  10.)— 
5.  (Ovid,  Fast  ,  it,  30.)— 6.  (Juv.,  Sat.,  vi  ,  30.)— 7.  (Art.  Am., 
iii. .  136,  &c.) 


first  head  on  the  left  represents  Octavia,  the  niece 
of  Augustus,  from  the  museum  in  the  Capitol  at 
Rome ;  the  next,  Messalina,  fifth  wife  of  the  Em- 
peror Claudius  ;  the  one  below,  on  the  left,  Sabina, 
the  wife  of  Hadrian  ;  and  the  next,  Plautilla,  the 
wife  of  Caracalla,  which  three  are  from  the  British 
Museum.1 


Both  countries  had  some  peculiar  customs  con- 
nected with  the  growth  of  their  hair,  and  illustrative 
of  their  moral  or  physical  conditions.  The  Spartans 
combed  and  dressed  their  heads  with  especial  care 
when  about  to  encounter  any  great  danger,  in  which 
act  Leonidas  and  his  followers  were  discovered  by 
the  spies  of  Xerxes  before  the  battle  of  Thermopy- 
lae.2 The  sailors  of  both  nations  shaved  off  their 
hair  after  an  escape  from  shipwreck  or  other  heavy 
calamity,  and  dedicated  it  to  the  gods.3  In  the  ear- 
lier ages,  the  Greeks  of  both  sexes  cut  their  hair 
close  in  mourning  ;4  but,  subsequently,  this  practice 
was  more  exclusively  confined  to  the  women,  the 
men  leaving  theirs  long  and  neglected,8  as  was  the 
custom  among  the  Romans.6 

In  childhood,  that  is,  up  to  the  age  of  puberty,  the 
hair  of  the  males  was  suffered  to  grow  long  among 
both  nations,  when  it  was  clipped  and  dedicated  to 
some  river  or  deity,  from  thence  called  KovpoTp6<[>o<: 
by  the  poets,7  and,  therefore,  to  cut  off  the  hair 
means  to  take  the  toga  virilis.8  At  Athens  this 
ceremony  was  performed  on  the  third  day  of  the 
festival  Apaturia,  wrhich  is  therefore  termed  Kovpe  ■ 
uric. 

In  both  countries  the  slaves  were  shaved  as  a 
mark  of  servitude.9 

The  vestal  virgins  also  cut  their  hair  short  upon 
taking  their  vows ;  which  rite  still  remains  in  the 
Papal  Church,  in  which  all  females  have  their  hair 
cut  close  upon  taking  the  veil. 

1.  (Chamber  vi.,  Nos.  65,  58,  39.)— 2.  (Herod.,  vii.,  209.)— 3. 
(Anthol.,  Epigr.  Lucian,  15.— Juv.,  Sat.,  xii.,  81.) — 4.  (CM.,  iv.. 
198.— II.,  xxiii.,  141.— Soph.,  Aj.,  1174.— Eurip.,  Elect,  ,  148. 
241,337.— Phcen.,  383.— Iph.  Aul.,  1448.— Troad,  484.— Helen. 
1096,  1137, 1244.)— 5.  (Plutarch,  Quaest.  Rom.,  p.  82,  ed.Reiske.) 
—6.  (Ovid,  Epist.,  x.,  137.— Virg.,  JEn.,  iii.,  65  ;  xi.,  35.)— 7. 
(Anthol.,  Epig.  Antiph.  Th.,  21.— Mart.,  Epig.,  I.,  xxxii.,  1 , 
TX.,  xvii.,  1.)— 8.  (Id.,  IX.,  xxxvii.,  11.)— 9.  (Ai  stoph.,  Aves, 
911.— Plaut.,  Amph.,  I.,  i.,  306.— Compare  Lucar  ,  i.,  442.— Po- 
iyb.,  Eclog.,  xcvii.— Appian,  Mithradat.,  p.  296,  ed.  Tolbus  V 

'i93 


COMISSATIO. 


COMIT1A. 


*COM'AROS  (Kopapof),  the  wild  Strawberry-tree, 
or  Arbutus  Unedo.     (Vid.  Arbutus.) 

♦COMBRETUM,  a  plant  mentioned  by  Pliny,1 
who  makes  it  closely  resemble  the  Bacchar.  Mod- 
ern botanists,  however,  taking  Pliny's  own  descrip- 
tion as  their  guide,  do  not  agree  with  him  in  opin- 
ion on  this  head.  Caesalpinus  makes  the  Combre- 
tum  (written  sometimes  Combetum)  to  be  the  same 
with  a  species  of  rush,  called  in  Tuscany  Herba  lu- 
ziola,  and  which  has  been  referred  to  the  Luzeola 
maxima,  L.a 

*COME  {ko^itj),  a  plant,  the  same  with  the  rpayo- 
rrtjjuv,  or  Crocifolium  Tragopogon,  so  called  from 
its  leaves  resembling  those  of  the  Crocus.  Sibthorp 
found  it  growing  in  Cyprus.3 

COMES.  The  word  comes  had  several  meanings 
in  the  Latin  of  the  Middle  Ages,  for  which  the  read- 
er is  referred  to  Du  Fresne's  Glossary  and  Supple- 
ment, s.  v.  In  classical  writers,  and  even  to  the 
end  of  the  fourth  century,  its  senses  are  compara- 
tively few. 

First  it  signified  a  mere  attendant  or  companion, 
distinguished  from  socius,  which  always  implied 
some  bond  of  union  between  the  persons  mention- 
ed. Hence  arose  several  technical  senses  of  the 
word,  the  connexion  of  which  may  be  easily  traced. 

It  was  applied  to  the  attendants  on  magistrates, 
in  which  sense  it  is  used  by  Suetonius.*  In  Hor- 
ace's time5  it  was  customary  for  young  men  of  fam- 
ily to  go  out  as  contubernales  to  governors  of  prov- 
inces and  commanders-in-chief,  under  whose  eye 
they  learned  the  arts  of  war  and  peace.  This  seems 
to  have  led  the  way  for  the  introcuction  of  the  co- 
mites  at  home,  the  maintenance  of  whom  was,  in 
Horace's  opinion,6  one  of  the  miseries  of  wealth. 
Hence  a  person  in  the  suite  of  the  emperor  was 
termed  comes.  As  all  power  was  supposed  to  flow 
from  the  imperial  will,  the  term  was  easily  trans- 
ferred to  the  various  offices  in  the  palace  and  in  the 
provinces  (comites  palatini,  provinciales).  About  the 
time  of  Constantine  it  became  a  regular  honorary 
*itle,  including  various  grades,  answering  to  the  co- 
mites ordinis  primi,  secundi,  tertii.  The  power  of 
these  officers,  especially  the  provincial,  varied  with 
time  and  place;  some  presided  over  a  particular 
department  with  a  limited  authority,  as  we  should 
term  them,  commissioners ;  others  were  invested 
with  all  the  powers  of  the  ancient  proconsuls  and 
praetors. 

The  names  of  the  following  officers  explain  them- 
,  selves :  Comes  Orientis  (of  whom  there  seem  to 
have  been  two,  one  the  superior  of  the  other),  comes 
Egypti,  comes  Britannia,  comes  Africa,  comes  rei 
militaris,  comes  portuum,  comes  stabuli,  comes  domes- 
ticorum  equitum,  comes  clibanarius,  comes  lintea  tes- 
tis or  vestiarii  (master  of  the  robes).  In  fact,  the 
emperor  had  as  many  comites  as  he  had  duties : 
thus,  comes  consistorii,  the  emperor's  privy-council- 
Jor ;  comes  largitionum  privatarum,  an  officer  who 
managed  the  emperor's  private  revenue,  as  the  co- 
mes largitionum  sacrarum  did  the  public  exchequer. 
The  latter  office  united,  in  a  great  measure,  the 
functions  of  the  aedile  and  quaestor.  The  four  comi- 
tes commerciorum,  to  whom  the  government  granted 
the  exclusive  privilege  of  trading  in  silk  with  bar- 
barians, were  under  his  control. 

COMISSA'TIO  (derived  from  ku/xoc1),  the  name 
of  a  drinking  entertainment,  which  took  place  after 
the  ccena,  from  which,  however,  it  must  be  distin- 
guished. Thus  Demetrius  says  to  his  guests,  after 
they  had  taken  their  ccena  in  his  own  house,  "  Quin 
rommissatum  ad  fratrem  imus  ?"8  and  when  Habin- 


1.  (H.  N.,  xxi.,  6.) — 2.  (Plin.,  ed.  Panckoucke,  vol.  xiii.,  p. 
458.)--3.  (Billcrbeck,  Flora  Classica,  p.  201.)— 4.  (Jul.,  42.)— 
5    (Epist.,  I.,  viii.,  2.)— 6.   (Sat.,  I.,  vi.,  101.)— 7.   (Varro,  De 
Lin?.  L»t.,  vii.,  89,  ed.  M'illcr.)— 8.  (Liv.,  xl.,  7.) 
294- 


nas  comes  to  Trimalchio's  house  after  taking  his 
ccena  elsewhere,  it  is  said  that  "  Comissator  intra- 
vit."1    It  appears  to  have  been  the  custom  to  par 
take  of  some  food  at  the  comissatio,2  but  usually 
only  as  a  kind  of  relish  to  the  wine. 

The  comissatio  was  freque  itly  prolonged  to  a 
late  hour  at  night  ;3  whence  the  verb  comissan 
means  "  to  revel,"*  and  the  substantive  comissator 
a  "  reveller"  or  "  debauchee."  Hence  Cicero5  calls 
the  supporters  of  Catiline's  conspiracy  comissatore* 
conjurationis.6 

COMI'TIA,  or  public  assemblies  of  the  Roman 
people  (from  com-eo  for  coed),  at  which  all  the  most 
important  business  of  the  state  was  transacted,  such 
as  the  election  of  magistrates,  the  passing  of  laws, 
the  declaration  of  war,  the  making  of  peace,  and. 
in  some  cases,  the  trial  of  persons  charged  with 
public  crimes.  There  were  three  kinds  of  comitia, 
according  to  the  three  different  divisions  of  the  Ro- 
man people. 

I.  The  Comitia  Curiata,  or  assembly  of  the  cu- 
ria,  the  institution  of  which  is  assigned  to  Romulus. 

II.  The  Comitia  Centuriata,  or  assembly  of  the 
centuries,  in  which  the  people  gave  their  votes  ac- 
cording to  the  classification  instituted  by  Servius 
Tullius. 

III.  The  Comitia  Tributa,  or  assembly  of  the 
people  according  to  their  division  into  the  local 
tribes.  The  first  two  required  the  authority  of  the 
senate,  and  could  not  be  held  without  taking  the 
auspices;  the  comitia  tributa  did  not  require  these 
sanctions.  We  shall  consider  the  three  assemblies 
separately. 

I.  Comitia  Curiata.  This  primitive  assembly 
of  the  Romans  originated  at  a  time  when  there  waa 
no  second  order  of  the  state.  It  was  a  meeting  ol 
the  populus,  or  original  burgesses,  assembled  in  their 
tribes  of  houses,  and  no  member  of  the  plcbs  could 
vote  at  such  a  meeting.  The  ancient  populus  ol 
Rome  consisted  of  two  tribes  :  the  Ramnes  or  Ram- 
nenses,  and  the  Titienses  or  Tities,  called  after  the 
two  patronymic  heroes  of  the  state,  Romus,  Remus, 
oi  Romulus,  and  Titus  Tatius ;  to  which  was  sub- 
sequently added  a  third  tribe,  the  Luceres  or  Lucer- 
enses.  Of  these  last  Festus  says,  in  a  passage  of 
some  interest  and  importance,  "  Lucereses  et  Luce- 
res,  qua  pars  tertia  populi  Romani  est  distributa  a 
Tatio  et  Romulo,  appellati  sunt  a  Lucero,  Ardea  rege, 
qui  auxilic  fun  Romulo  idversus  Tatium  bellanti." 
From  which  it  may  be  inferred,  that  as  the  Tities 
were  Sabines,  and  the  Ramnes  the  Romans  proper, 
so  the  Luceres  were  Latins  or  of  a  Tyrrhenian  stock. 
It  will  be  observed,  also,  that  in  this  passage  of  Fes- 
tus the  name  of  Tatius  is  placed  first ;  so,  also,  in 
the  same  author7  we  have,  "  Quia  civitas  Romano, 
in  sex  est  distributa  partis,  in  primos  secundosque 
Titienses,  Ramnes,  Luceres."  This  seems  to  point 
to  a  tradition  rather  inconsistent  with  the  supposed 
precedency  of  "  the  haughty  Ramnes"  (celsi  Ram- 
nes6). 

The  different  nations  of  antiquity  had  each  of 
them  their  own  regulative  political  number,  or  nu- 
merical basis ;  and  as  3x4  was  this  basis  with  the 
Ionian  tribes,  so  3x10  seems  to  have  been  the  ba- 
sis of  the  Roman  state-system.9  The  Athenian  so- 
lar year  consisted  of  365  days ;  the  Roman  cyclic 
year  of  304 ;  and  360,  the  number  of  the  houses  or 
clans  at  Athens,  bears  the  same  relation  to  the  for- 
mer year  that  300,  the  number  of  Roman  houses, 
does  to  the  latter.  The  three  original  tribes  of  the 
populus  or  patres  were  divided  into  30  curia,  and 

1.  (Petron.,  65.)— 2.  (Suet.,  Vitell.,  13.)— 3.  (Suet.,  Tit.,  7.) 
—4.  (Hor.,  Carm.,  IV.,  i.,  11.)— 5.  (Ep.  ad  Att.,  i.,  16.)— 6. 
(Becker,  Gallus,  vol.  ii.,  p.  235.)- -7.  (s.  v.  Sex  Vestae  Sacerdo 
tes.)— 8.  (Niebuhr,  Hist.  Rom.,  i.,  p.  300.)— 9  {Vid.  Niw  Cm 
tylus,  p.  186.) 


COMITIA. 


COMITIA. 


each  of  these  into  ten  houses  ;  and  this  number  of 
the  houses  also  corresponded  to  the  number  of  coun- 
cillors who  represented  them  in  the  senate.  The 
division  into  houses  was  so  essential  to  the  patri- 
cian order,  that  the  appropriate  ancient  term  to  des- 
ignate that  order  was  a  circumlocution,  the  patrician 
gentes  {gentes  patricia).  "  Plebes  dicitur,"  accord- 
ing to  Capito,  "  in  qua  gentes  civium  patricide  non  in- 
sunt."1  The  derivation  of  curia  from  cura,  which 
is  given  by  Festus  and  Varro,  is  altogether  inadmis- 
sible. It  is  obvious  that  curia  means  "  the  assem- 
bly of  the  master-burgesses,"  "  the  free  household- 
ers," "the  patroni;"  the  word  contains  the  same 
element  as  the  Greek  nvpioc,  Kovpoc,  Kovpidioc,  Kopoc, 
noipavoc,  KvpSac,  &c.,a  which  element  also  appears 
in  the  Latin  quirites,  curiates,  curiatii,  &c.  The 
word  quirites  appears  to  be  nearly  identical  with 
Kovpnrec,  which  signifies  "  noble  warriors ;"  as  in 
Homer,3  Kpivuuevoc  novpnrac  apiarr/ac  Uavaxaiuv. 
The  same  root  is  also  contained  in  the  Sanscrit  eu- 
ros, "  a  hero."  In  the  same  way  as  the  Greeks 
used  tcvpcog  of  the  head  of  a  family,  the  Romans 
spoke  of  the  free  burgess  and  his  wife  as  patronus 
and  matrona  in  reference  to  their  children,  servants, 
and  clients.4  These  last,  so  called  from  cluere — the 
clientes,  the  h'drigern,  the  "  hearers"  or  dependants 
'-were  probably,  in  the  first  instance,  aliens,  natives 
of  cities  having  an  isopolitan  relation  with  Rome, 
who  had  taken  up  their  franchise  there  by  virtue  of 
the  jus  exsulandi  and  the  jus  applications ;  and  most 
likely  their  relation  to  the  patronus,  or  man  of  the 
curia,  was  analogous  to  that  subsisting  between  the 
resident  alien  and  his  irpoardTng  in  a  Greek  state, 
f  hese  clients  belonged  to  the  gentes  of  their  pa- 
'rons  ;  as,  however,  the  clients  and  the  descendants 
of  freedmen  were  classed  among  the  aerarians  in 
reference  to  the  franchise  at  the  comitia  majora,  it 
is  exceedingly  improbable  that  they  would  vote  with 
their  patroni  at  the  comitia  curiata.  From  the  num- 
ber of  houses  which  they  contained,  the  patrician 
tribes  were  called  centuries  ;5  and  the  three  new 
centuries  formed  by  Tarquinius  were  tribes  of 
houses  who  voted  in  the  comitia  curiata  like  the 
original  patricians.  They  were  united  with  the  old 
tribes  under  the  name  of  the  sex  suffragia,  or  "  the 
six  votes" — "  Sex  suffragia  appellantur  in  equitum 
centuriis,  quiz  sunt  adfecta  ei  numero  centuriarum, 
quas  Priscus  Tarquinius  rex  constituit."6  But  the 
number  of  curiae  continued  the  same,  according  to 
one  or  other  of  the  following  solutions  which  Nie- 
buhr  has  suggested  :  1.  The  300  houses  may  have 
been  still  complete,  and  300  new  houses  were  ad- 
mitted into  the  tribes,  so  as  to  assign  20  houses  to 
each  curia ;  the  number  of  the  curiae  continuing  un- 
altered, but  5  curias  instead  of  10  being  reckoned  to 
the  century.  2.  But  more  probably  the  houses  had 
fallen  short.  Suppose  there  were  now  only  5  to 
the  curia.  Then,  if  the  150  houses  were  collected 
into  half  the  number  of  curiae,  the  remaining  15  cu- 
riae might  be  filled  up  with  newly-adopted  houses, 
the  ancient  proportion  of  10  houses  to  a  curia  re- 
maining undisturbed.  "  This  latter  hypothesis," 
says  Niebuhr,7  "is  confirmed,  and  almost  establish- 
ed, by  the  statement  that  Tarquinius  doubled  the 
senate,  raising  the  number  from  150  to  300 ;  only 
here  two  changes  are  confounded,  between  which 
a  considerable  interval  would  probably  elapse  "  Al- 
though the  number  of  patrician  curiae  remained  un- 
changed by  this  measure  of  Tarquinius,  it  seems  in- 
dubitable that  it  was  considered  as  an  increase  in 
the  number  of  the  patrician  tribes  of  houses,  as,  in- 
deed, the  name  implies,  and  as  Festus,8  quoted 

1.  (Gellius,  x.,  20.— Niebuhr,  i.,  p.  316.)— 2.  (New  Cratylus, 
p.  410.)— 3.  (II.,  xix.,  193.)— 4  (Niebuhr,  i.,  p.  317.)— 5.  (Com- 
pare Livy,  i.,  13,  with  x.,  6.)— 0.  (Festus.)— 7  (i.,  p.  393.)— 8. 
Is  v.  Sex  Vest*  Sacerdotes.) 


above,  most  expressly  states ;  the  new  and  old 
tribes  being  distinguished  as  first  and  second  Tities, 
Ramnes,  and  Luceres. 

The  comitia  curiata,  which  were  thus  open  to  the 
original  burgesses  alone,  were  regarded  as  a  meet- 
ing principally  for  the  sake  of  confirming  some  or- 
dinance of  the  senate  :  a  senatus  consultant  was  an 
indispensable  preliminary ;  and  with  regard  to  elec- 
tions and  laws,  they  had  merely  the  power  of  con- 
firming or  rejecting  what  the  senate  had  already 
decreed.1  The  two  principal  reasons  for  summon- 
ing the  comitia  curiata  were,  either  the  passing  of  a 
lex  curiata  de  imperio.  or  the  elections  of  priests. 
The  lex  curiata  de  imperio,  which  was  the  same  as 
the  auctoritas  patrum,2  was  necessary  in  order  to 
confer  upon  the  dictator,  consuls,  and  other  magis- 
trates the  impcrium,  or  military  command  ;  without 
this  they  had  only  a  potestas,  or  civil  authority,  and 
were  not  allowed  to  meddle  with  military  affairs. 
And  thus  Livy  makes  Camillus  speak  of  the  comitia 
curiata,  qua.  rem  militarem  continent,  as  distinguish- 
ed from  the  "  comitia  centuriata,  quibus  consules  trib- 
unosque  militares  creatis."3  The  comitia  curiata  were 
also  held  for  the  purpose  of  carrying  into  effect  the 
form  of  adoption  called  adrogatio,  for  the  confirma- 
tion of  wills,  and  for  the  ceremony  called  the  detes- 
tatio  sacrorum.  They  were  held  in  that  part  of  the 
Forum  which  was  called  comitium,  and  where  the 
tribunal  (suggestum)  stood.  The  patrician  magis- 
trates properly  held  the  comitia  curiata ;  or,  if  the 
question  to  be  proposed  had  relation  to  sacred  rights, 
the  pontifices  presided.  They  voted,  not  by  houses, 
but  by  curia;  this  was  probably  the  reason  why 
Tarquinius  was  careful  not  to  alter  the  number  of 
the  curiae  when  he  increased  the  number  of  the 
tribes.  In  after  times,  when  the  meetings  of  the 
comitia  curiata  were  little  more  than  a  matter  of 
form,  their  suffrages  were  represented  by  the  thirty 
lictors  of  the  curia,  whose  duty  it  was  to  summon 
the  curia  when  the  meetings  actually  took  place, 
just  as  the  classes  in  the  comitia  centuriata  were 
summoned  by  a  trumpeter  (cornicen  or  classicus). 
Hence,  when  the  comitia  curiata  were  held  for  ths 
inauguration  of  a  flamen,  for  the  making  of  a  will, 
&c,  they  were  called  specially  the  comitia  calata, 
or  "the  summoned  assembly." 

II.  The  Comitia  Centuriata,  or,  as  they  were 
sometimes  called,  the  comitia  majora,  were  a  result 
of  the  constitution  generally  attributed  to  Servius 
Tullius,  the  sixth  king  of  Rome.  The  object  of  this 
legislator  seems  to  have  been  to  unite  in  one  body 
the  populus  or  patricians — the  old  burgesses  of  the 
three  tribes,  and  the  plebs  or  pale-burghers — the 
commonalty  who  had  grown  up  by  their  side,  and 
to  give  the  chief  weight  in  the  state  to  wealth  and 
numbers  rather  than  to  birth  and  family  preten- 
sions. With  a  view  to  this,  he  formed  a  plan,  by 
virtue  of  which  the  people  would  vote  on  all  impor- 
tant occasions  according  to  their  equipments  when 
on  military  service,  and  according  to  the  position 
which  they  occupied  in  the  great  phalanx  or  army 
of  the  city  :  in  other  words,  according  to  their  prop- 
erty ;  for  it  was  this  which  enabled  them  to  equip 
themselves  according  to  the  prescribed  method.  In 
many  of  the  Greek  states  the  heavy-armed  soldiers 
were  identical  with  the  citizens  possessing  the  full 
franchise ;  and  instances  occur  in  Greek  history 
when  the  privileged  classes  have  lost  their  preroga- 
tives, from  putting  the  arms  of  a  full  citizen  into  the 
hands  of  the  commonalty ;  so  that  the  principle 
which  regulated  the  votes  in  the  state  by  the  ar- 
rangement of  the  army  of  the  state,  was  not  pecu  • 
liar  to  the  constitution  of  Servius.  This  arrange 
ment  considered  the  whole  state  as  forming  a  reg 

1.  (See  the  passage  quoted  by  Niebuhr,  ii.,  p.  179.)— 2.  (Nie- 
buhr, i.,  p.  331.)— 3.  (Liv.,  v.,  52.) 

295 


COMITIA. 


COMITiA. 


iL&r  army,  with  its  cavalry,  heavy-armed  infantry, 
reserve,  carpenters,  musicians,  and  baggage-train. 
The  cavalry  included,  first,  the  six  equestrian  cen- 
turies, or  the  sex  suffragia,  which  made  up  the  body 
of  the  populus,  and  voted  by  themselves  in  the  comi- 
tia curiata ;  to  which  were  added  twelve  centuries 
of  plebeian  knights,  selected  from  the  richest  mem- 
bers of  the  commonalty.  The  foot-soldiers  were 
organized  in  the  following  five  classes:  1.  Those 
whose  property  was  at  least  100,000  asses,  or  pounds' 
weight  of  copper.  They  were  equipped  in  a  com- 
plete suit  of  bronze  armour.  In  order  to  give  their 
wealth  and  importance  its  proper  political  influence, 
they  were  reckoned  as  forming  80  centuries,  name- 
ly, 40  of  young  men  ( junior es)  from  17  to  45,  and 
40  of  older  men  {seniores)  of  45  years  and  upward. 
2.  Those  whose  property  was  above  75,000  and 
under  100,000  asses,  and  who  were  equipped  with 
the  wooden  scutum  instead  of  the  bronze  clipeus, 
but  had  no  coat  of  mail.  They  made  up  20  centu- 
ries, 10  of  junior  es  and  10  of  seniores.  3.  Those 
whose  property  was  above  50,000  asses  and  below 
75,000,  and  who  had  neither  coat  of  mail  nor  greaves. 
They  consisted  of  the  same  number  of  centuries  as 
the  second  class,  similarly  divided  into  juniores  and 
seniores.  4.  Those  whose  property  was  above  25,000 
asses  and  below  50,000,  and  who  were  armed  with 
the  pike  and  javelin  only.  This  class  also  contain- 
ed 20  centuries.  5.  Those  whose  property  was 
between  12,500  and  25,000  asses,  and  who  were 
armed  with  slings  and  darts.  They  formed  30  cen- 
turies. The  first  four  classes  composed  the  pha- 
lanx, the  fifth  class  the  light-armed  infantry.  Those 
citizens  whose  property  fell  short  of  the  qualification 
for  the  fifth  class  were  reckoned  as  supernumera- 
ries. Of  these  there  were  two  centuries  of  the  ac- 
censi  and  velati,  whose  property  exceeded  1500  as- 
ses ;  one  century  of  the  proletarii,  whose  property 
was  under  1500  asses  and  above  375  ;  and  one  cen- 
tury of  the  capite-censi,  whose  property  fell  short  of 
375  asses.  All  these  centuries  were  classed  ac- 
cording to  their  property  :  but,  besides  these,  there 
were  three  centuries  which  were  classed  according 
to  their  occupation  :  the  fabri,  or  carpenters,  attach- 
ed k,Q  the  centuries  of  the  first  class  ;  the  cornicines, 
or  horn-blowers,  and  the  tubicines  or  liticines,  the 
trumpeters,  who  were  reckoned  with  the'  fourth 
class.  Thus  there  would  be  in  all  195  centuries, 
18  of  cavalry,  140  of  heavy  infantry,  30  of  light  in- 
fantry, four  of  reserve  and  camp-followers,  and  three 
of  smiths  and  musicians.  In  voting,  it  was  intend- 
ed to  give  the  first  class  and  the  knights  a  prepon- 
derance over  the  rest  of  the  centuries,  and  this  was 
effected  as  we  have  just  mentioned ;  for  the  first 
class,  with  the  knights  and  the  fabri,  amounted  to 
99  centuries,  and  the  last  four  classes,  with  the 
supernumeraries  and  musicians,  to  96  centuries, 
who  were  thus  outvoted  by  the  others,  even  though 
they  themselves  were  unanimous.  See  the  remark- 
able passage  from  Cicero,1  most  ingeniously  re- 
stored by  Niebuhr.2  Even  if  we  suppose  that  the 
fabri  were  expected  to  vote  rather  with  the  lower 
classes  than  with  the  first  class  to  which  they  were 
assigned,  the  first  class,  with  the  knights,  would 
still  have  a  majority  of  one  century.  The  same 
principle  was  observed  when  the  army  was  serving 
in  the  field.  As  the  centuries  of  seniores  consisted 
of  persons  beyond  the  military  age,  the  juniores 
alone  are  to  be  taken  into  the  account  here.  The 
first  class  sent  its  40  centuries  of  juniores,  of  which 
30  formed  the  principes,  and  10  wTere  posted  among 
the  triarii,  who,  as  Niebuhr  suggests,  probably  owed 
their  name  to  the  fact  that  they  were  made  up  out 
of  all  the  three  heavy-armed  classes  ;  the  second 

I.  (De  Republica.)— 2.  (i.,  p>  444.) 

we- 


and  third  classes  furnished  20  centuries  apiece,  t.  e+ 
twice  the  number  of  their  junior  votes,  and  10  from 
each  class  stood  among  the  triarii,  the  rest  being 
hastati  with  shields  ;  the  fourth  class  supplied  10 
centuries,  the  number  of  its  junior  votes,  who  form- 
ed the  hastati  without  shields ;  the  fifth  class  fur- 
nished 30  centuries,  twice  the  number  of  its  junior 
votes,  who  formed  the  30  centuries  o  rorarii.  To 
these  were  added  10  turmce  of  cavalry,  jr  300  men. 
This  was  the  division  and  arrangement  of  the  army 
as  a  legion.  But  when  it  was  necessary  to  vote  in 
the  camp,  they  would,  of  course,  revert  to  the  prin- 
ciples which  regulated  the  division  of  the  classes 
for  the  purpose  of  voting  at  home,  and  would  re- 
unite the  double  contingents.  In  this  way,  we  have 
85  centuries  of  junior  votes,  or  90  with  the  five 
unclassed  centuries  ;  that  is  to  say,  we  have  again 
3x30,  the  prevailing  number  in  Roman  institutions. 
Of  these,  the  first  class  with  the  fabri  formed  41 
centuries,  leaving  49  for  the  other  centuries ;  but 
with  the  first  class  the  10  turma  of  the  cavalry 
would  also  be  reckoned  as  ten  centuries,  and  the 
first  class  would  have  51,  thus  exceeding  the  other 
moiety  by  2. 

Such  were  the  principles  of  the  classification  ol 
the  centuries,  as  it  has  been  developed  by  Niebuhr. 
Their  comitia  wrere  held  in  the  Campus  Martins 
without  the  city,  where  they  met  as  the  exercitus 
urbanus,  or  army  of  the  city ;  and,  in  reference  to 
their  military  organization,  they  were  summoned 
by  the  sound  of  the  horn,  and  not  by  the  voice  of 
the  lictors,  as  was  the  case  with  the  comitia  curi- 
ata. 

On  the  connexion  of  this  division  into  centuries 
with  the  registration  of  persons  and  property,  see 
Censors  and  Census.  The  general  causes  of  as- 
sembling the  comitia  centuriata  were,  to  create  ma- 
gistrates, to  pass  laws,  and  to  decide  capital  causes 
when  the  offence  had  reference  to  the  whole  na- 
tion, and  not  merely  to  the  rights  of  a  particular 
order.  They  were  summoned  by  the  king,  or  by 
the  magistrates  in  the  Republic  who  represented 
some  of  his  functions,  that  is,  by  the  dictator,  con 
suls,  praetors,  and,  in  the  case  of  creating  magrs- 
trates,  by  the  interrex  also.  The  praetors  could 
only  hold  the  comitia  in  the  absence  of  the  consuls, 
or,  if  these  were  present,  only  with  their  permis- 
sion. The  consuls  held  the  comitia  for  the  appoint- 
ment of  their  successors,  of  the  praetors,  and  of  the 
censors.  It  was  necessary  that  seventeen  days' 
notice  should  be  given  before  the  comitia  were  held. 
This  interval  was  called  a  trinundinum,  or  "  the 
space  of  three  market-days"  (Ires  nundince,  "three 
ninth-days"),  because  the  country  people  came  to 
Rome  to  buy  and  sell  every  eighth  day,  according 
to  our  mode  of  reckoning,  and  spent  the  interval  of 
seven  days  in  the  country  (reliquis  septem  rura  cole- 
bant1).  The  first  step  in  holding  the  comitia  was  to 
take  the  auspices.  The  presiding  officer,  accom- 
panied by  one  of  the  augurs  (augure  adhibito),  pitch- 
ed a  tent  (tabcrnaculum  cepit)  without  the  city,  for 
the  purpose  of  observing  the  auspices.  If  the  tent 
was  not  pitched  in  due  form,  all  the  proceedings  of 
the  comitia  were  utterly  vitiated,  and  a  magistrate 
elected  at  them  was  compelled  to  abdicate  his  of- 
fice, as  in  the  case  mentioned  by  Livy,a  "  Non  tamen 
pro  firmato  stelit  magistratus  ejus  jus :  quia  terlio 
mcnse,  quam  inierunt,  augurum  decreto,  perindc  ac 
vitio  creati,  honore  abierc :  quia  C.  Curtius,  qui  comi- 
liis  eorum  prafuerat,  parum  recte  tabcrnaculum  ce- 
pisset.''3  The  comitia  might  also  be  broken  off  by  a 
tempest ;  by  the  intercession  of  a  tribune  ;  if  the 
standard,  which  was  set  up  in  the  Janiculum,  was 
taken  down  ;  or  if  any  one  was  seized  with  the  epi 

1.  (Varro,  De  Re  Rust.,  Prsfat.)— 2.  (iv.,  "!.)— 3.  (C>rara* 
Cic,  De  Nat.  Deor.,  ii.,  4.) 


COMITIA. 


COMITIA. 


lepsy,  which  was  from  this  circumstance  called  the 
morbus  comilialis. 

The  first  step  taken  at  the  comitia  centuriata  was 
for  the  magistrate  who  held  them  to  repeat  the 
words  of  a  form  of  prayer  after  the  augur.     Then, 
in  the  case  of  an  election,  the  candidates'  names 
were  read,  :r,  in  the  case  of  a  law  or  a  trial,  the 
proceedings  or  bills  were  read  by  a  herald,  and  dif- 
ferent speakers  were  heard  on  the  subject.     The 
question  was  put  to  them  with  the  interrogation, 
"Vclitis,  jubeatis,   Quirkes!"     Hence  the  bill  was 
called  rogalio,  and  the  people  were  said  jubcre  legem. 
The  form  of  commencing  the  poll  was  :  "  Si  vobis 
•sidetur,  disccdite,  Quiritcs,"  or  "  Ite  in  suffragium, 
bene  jurantibus  diis,  et  qua  patres  censuerunt,  vos 
jubete."1  .  The  order  in  which  the  centuries  voted 
was  decided  by -lot;  and  that  which  gave  its  vote 
first  was  called  the  centuriaprarogativa.3     The  rest 
were  called  jure  vocata.3     In  ancient  times  the  peo- 
ple were  polled,  as  at  our  elections,  by  word  of 
mouth.     But  at  a  later  period  the  ballot  was  intro- 
duced by  a  set  of  special  enactments  (the  leges  tab- 
ellaria),  having  reference  to  the  different  objects  in 
voting.     These  laws  are  enumerated  by  Cicero  :* 
,;  Sunt  enim  quattuor  leges  tabellariae  :  quarum  pri- 
ma de  magistratibus  mandandis ;  ea  est  Gabinia, 
lata  ab  homine  ignoto  et  sordido.     Secuta  biennio 
post  Cassia  est,  de  populi  judicio,  a  nobili  homine 
lata  L.  Cassio,  sed  (pace  familiae  dixerim)  dissidente 
a  bonis  atque  omnes  rumusculos  populari  ratione 
aucupante.     Carbonis  est  tertia,  de  jubendis  legibus 
et  vetandis,  seditiosi  atque  improbi  civis,  cui  ne  re- 
ditus  quidem  ad  bonos  salutem  a  bonis  potuit  afferre. 
Uno  in  genere  relinqui  videbatur  vocis  suffragium, 
quod  ipse  Cassius  exceperat,  perduellionis.     Dedit 
huic  quoque  judicio  C.  Ccelius  tabellam,  doluitque 
quoad  vixit,  se,  ut  opprimeret  C.  Popilium,  nocuisse 
reipublica\"    The  dates  of  these  four  bills  for  the 
mtrDduction  of  ballot  at  the  comitia  centuriata  are  as 
follow  :  1 .  The  Gabinian  law,  introduced  by  Gabin- 
ms,  the  tribune,  in  B.C.  140.     2.  The  Cassian  law, 
B.C.  138.     3.  The  Papirian  law,  introduced  by  C. 
Papirius  Carbo,  the  tribune,  in  B.C.  132.     4.  The 
Caelian   law,  B.C.  108.     In  voting,  the   centuries 
were  summoned  in  order  into  a  boarded  enclosure 
(septum  or  ovile),  into  which  they  entered  by  a  nar- 
row passage  (pons)  slightly  raised  from  the  ground. 
There  was  probably  a  different  enclosure  for  each 
century,  for  the  Roman  authors  generally  speak  of 
them  h  vhe  plural.     The  tabella  with  which  they  had 
to  ball  t  were  given  to  the  citizens  at  the  entrance  of 
the  pf  'is  by  certain  persons  called  diribitores ;  and 
here  ntimidation  was  often  practised.     If  the  busi- 
ness* of  the  day  were  an  election,  the  tabella  had  the 
initi  ds  of  the  candidates.     If  it  were  the  passing  or 
rej'  ition  of  a  law,  each  voter  received  two  tabelloe  : 
one  inscribed  U.  R.,  i.  e.,  uti  rogas,  "I  vote  for  the 
law ;"  the  other  inscribed  A.,  i.  e.,  antiquo,  "  I  am  for 
the  old  law."    Most  of  the  terms  are  given  in  the  fol- 
lowing passage  of  Cicero  :5  "  Quu.n  dies  venisset 
rogationi  ex  S.  C.  ferendae,  concursabant  barbatuli 
juvenes,  et  populum,  ut  antiquaret,  rogabant.     Piso 
autcm  consul,  lator  rogationis,  idem  erat  dissuasor. 
Operae  Clodinae  pontes  occuparant :  tabella  ministra- 
bantur,  ita  ut  nulla  daretur  uti  rogas."     In  the  old 
system  of  polling,  each  citizen  was  asked  for  his 
vote  by  an  officer  called  rogator,  or  "the  polling- 
clerk."4    Under  the  ballot  system  they  threw  which- 
ever tabella  they  pleased  into  a  box  at  the  entrance 
of  the  booth,  and  certain  officers,  called  custodes, 
were  standing  to  check  off  the  votes  by  points 
ipuncta)  marked  on  a  tablet.     Hence  punctum  is 
used  metaphorically  to  signify  "  a  vote,"  as  in  Hor- 

1.  (Liv.,  xxxi.,  7.)— 2.  (Liv.,  v.,  18.)— 3.  (Liv.,  xxvii.,  6.)— 4. 
De  Leg.,  Hi.,  16,  t>  35.)— 5.  (Ep.  ad  Att.,  i.,  14.)— 6.  (Cic,  De 
Liv  ,  i.,  1"  ;  ii.,  35. — De  Nat.  Deor.,  ii.,  4.1 
Pp 


ace,1  "  Discedo  Alcaeus  puncto  illius  ;"  and  we  have* 
the  metaphor  at  greater  length, 

"  Centuria  seniorum  agitant  expertia  frugis  , 
Celsi  praetereunt  austera  poemata  Ramnes  ; 
Omne  tulit  punctum  qui  miscuit  utile  dulci."8 

The  diribitores,  rogatores,  and  custodes  were  gener- 
ally friends  of  the  candidates,  who  voluntarily  un- 
dertook these  duties.3  But  Augustus  selected  900 
of  the  equestrian  order  to  perform  the  latter  offices. 

The  acceptance  of  a  law  by  the  centuriata  comitia 
did  not  acquire  full  force  till  after  it  had  been  sanc- 
tioned by  the  comitia  curiata,  except  in  the  case  of 
a  capital  offence  against  the  whole  nation,  when 
they  decided  alone.  The  plebeians  originally  made 
their  testaments  at  the  comitia  centuriata,  as  the  pa- 
tricians did  theirs  at  the  comitia  curiata ;  and  as  the 
adrogatio  required  a  decree  of  the  curia;,  so  the 
adoption  of  plebeians  must  have  required  a  decree 
of  the  centuria ;  and  as  the  lictors  of  the  curia  rep- 
resented them,  so  those  transactions  which  re- 
quired five  witnesses  were  originally  perhaps  car- 
ried into  effect  at  the  comitia  centuriata,  the  five 
classes  being  represented  by  these  witnesses.* 

III.  The  Comitia  Tributa  were  not  established 
till  B.C.  491,  when  the  plebs  had  acquired  some 
considerable  influence  in  the  state.  They  were  an 
assembly  of  the  people  according  to  the  local  tribes, 
into  which  the  plebs  was  originally  divided  :  for  the 
plebs  or  commonalty  took  its  rise  from  the  formation 
of  a  domain  or  territory,  and  the  tribes  of  the  com- 
munity or  pale-burghers  were  necessarily  local,  that 
is,  they  had  regions  corresponding  to  each  of  them  , 
therefore,  when  the  territory  diminished,  the  num- 
ber of  these  tribes  diminished  also.  Now,  accord- 
ing to  Fabius,  there  were  originally  30  tribes  of 
plebeians,  that  is,  as  many  plebeian  tribes  as  there 
were  patrician  curia.  These  30  tribes  consisted  of 
four  urban  and  26  rustic  tribes.  But  at  the  admis- 
sion of  the  Crustumine  tribe  there  were  only  20  of 
these  tribes.  So  that  probably  the  cession  of  a 
third  of  the  territory  to  Porsena  also  diminished  the 
number  of  tribes  by  one  third.5  It  is  an  ingenious 
conjecture  of  Niebuhr's,  that  the  name  of  the  30  lo- 
cal tribes  was  perhaps  originally  different,  and  that 
only  10  of  them  were  called  by  the  name  tribus ; 
hence,  after  the  diminution  of  their  territory,  there 
would  be  only  two  tribes,  and  the  two  tribuni  plebis 
would  represent  these  two  tribes.6 

Such  being  the  nature  of  the  plebeian  tribes,  no 
qualification  of  birth  or  property  was  requisite  to 
enable  a  citizen  to  vote  in  the  comitia  tributa;  who- 
ever belonged  to  a  given  region,  and  was,  in  conse- 
quence, registered  in  the  corresponding  tribe,  had  a 
vote  at  these  comitia.  They  were  summoned  by 
the  tribuni  plebis,  who  were  also  the  presiding  ma- 
gistrates, if  the  purpose  for  which  they  were  called 
was  the  election  of  tribunes  or  aediles  ;  but  consuls 
or  praetors  might  preside  at  the  comitia  tributa,  if 
they  w'ere  called  for  the  election  of  other  inferior 
magistrates,  such  as  the  quaestor,  proconsul,  or  pro- 
praetor, who  were  also  elected  at  these  comitia. 
The  place  of  meeting  was  not  fixed.  It  might  be 
the  Campus  Marlius,  as  in  the  case  of  the  comitia 
majora,  the  Forum,  or  the  Circus  Flamininus.  Their 
judicial  functions  were  confined  to  cases  of  lighter 
importance.  They  could  not  decide  in  those'refer- 
ring  to  capital  offences.  In  their  legislative  capn 
city  they  passed  plcbiscita,  or  "decrees  of  the  plebs/' 
which  were  originally  binding  only  on  themselves 
At  last,  however,  the  plebiscila  were  placed  on  tW 
same  footing  with  the  leges,  by  the  Lex  Hortensia 
(B.C.  288),  and   from  this  time    they  could  pass 


1.  (Epist.,II.,  ii.,  99.)— 2.  (Epist.  ad  P>  ,  341-343.)— 3.  (Cic 
in  Pis.,  15.— Post.  Red.  in  Sen.,  1I>-  1.  (Niebuhr,  i.,  p.  474.',- 
5.  (Niebuhr.  i.,  p.  408-411.)— 6.  (      *12.) 

297 


COMMISSI  R1A  LEX. 


COMCEDIA. 


whatever  legislative  enactments  they  pleased,  with- 
out or  against  the  authority  of  the  senate.1 

COMMEATUS,  a  furlough,  or  leave  of  absence 
from  the  army  for  a  certain  time.8  If  a  soldier  ex- 
ceeded the  time  allowed  him,  he  was  punished  as 
a  deserter,  unless  he  could  show  that  he  had  been 
detained  by  illness,  or  some  other  cause,  which  ab- 
solutely prevented  his  return.3 

OOMMENTA'RIUS  or  COMMENTA'RIUM 
meant  a  book  of  memoirs  or  memorandum-book, 
whence  the  expression  Csesaris  Commentarii  (Hinc 
Casar  libros  de  bellis  a  se  gestis  commentaries  in- 
scripsit,  quod  nudi  essent  omni  ornatu  orationis,  ian- 
quam  vesle  detracto*).  Hence  it  is  used  for  a  law- 
yer's brief,  the  notes  of  a  speech,  &c.d 

In  the  Digest  the  word  commentariensis  frequent- 
ly occurs  in  the  sense  of  a  recorder  or  registrar ; 
sometimes,  as  Valerius  Maximus6  uses  it,  for  a  re- 
gistrar of  prisoners  ;  in  other  words,  a  jailer.7  A 
military  officer  so  called  is  mentioned  by  Asconius,8 
who  probably  had  similar  duties.  The  word  is  also 
employed  in  the  sense  of  a  notary  or  secretary  of 
any  sort. 

Most  of  the  religious  colleges  had  books  called 
Commentarii,  as  Commentarii  Augurum,  Pontiftcum. 
(Vid.  Fasti.) 

CQMME'RCIUM.     (Vid.  Civitas,  Roman.) 

COMMFSSUM.  One  sense  of  this  word  is  that 
of  "  forfeited,"  which  apparently  is  derived  from 
that  sense  of  the  verb  committere,  which  is  "  to 
commit  a  crime,"  or  "  to  do  something  wrong." 
Asconius  says  that  those  things  are  commissa 
which  are  either  done  or  omitted  to  be  done  by  a 
heres  against  the  will  of  a  testator,  and  make  him 
subject  to  a  penalty  or  forfeiture ;  thus,  commissa 
hereditas  would  be  an  inheritance  forfeited  for  some 
act  of  commission  or  omission.  Cicero9  speaks  of 
an  hypothecated  thing  becoming  commissa  ;  that  is, 
becoming  the  absolute  property  of  the  creditor  for 
iefault  of  payment.  A  thing  so  forfeited  was  said 
in  commissum  incidere  or  cadere.  Commissum  was 
also  applied  to  a  thing  in  respect  of  which  the  vec- 
tigal  was  not  paid,  or  a  proper  return  made  to  the 
publican i.  A  thing  thus  forfeited  (vectigalium  nom- 
ine) ceased  to  be  the  property  of  the  owner,  and 
was  forfeited,  under  the  Empire,  to  the  fiscus.10 

COMMISSO'RIA  LEX  is  the  term  applied  to  a 
clause  often  inserted  in  conditions  of  sale,  by  which 
a  vendor  reserved  to  himself  the  privilege  of  re- 
scinding the  sale  if  the  purchaser  did  not  pay  his 
purchase-money  at  the  time  agreed  on.  The  lex 
commissoria  did  not  make  the  transaction  a  condi- 
tional purchase ;  for  in  that  case,  if  the  property 
were  placed  in  the  hands  of  the  purchaser,  and 
damaged  or  destroyed,  the  loss  would  be  the  loss  of 
the  vendor,  inasmuch  as  the  purchaser,  by  non-pay- 
ment of  the  money  at  the  time  agreed  on,  would 
fail  to  perform  the  condition ;  but  it  was  an  abso- 
lute sale,  subject  to  be  rescinded  at  the  pleasure  of 
the  vendor  if  the  money  was  not  paid  at  the  time 
agreed  on,  and,  consequently,  if  after  this  agreement 
the  property  was  in  the  possession  of  the  vendor, 
and  was  lost  or  destroyed  before  the  day  agreed  on 
for  payment,  the  loss  fell  on  the  purchaser.  If  the 
purchaser  intended  to  take  advantage  of  the  lex 
commissoria,  it  was  necessary  that  he  should  de- 
clare his  intention  as  soon  as  the  condition  was 
agreed  on.  If  he  received  or  claimed  any  part  of 
the  purchase-money  after  the  day  agreed  upon,  it 
was  held  that  he  thereby  waved  the  advantage  of 
the  lex  commissoria.     (Vid.  Pignus.)11 

1  (Gains,  i.,  1.)— 2.  (Tacit.,  Ann.,  xv.,  10.— Liv.,  iii.,  46.)— 
3.  (Paulus,  Dig.  50,  tit.  16,  s.  14.)— 4.  (Cic.,Brntus,  c.  75.)— 5. 
(Sen.  in  prooem.,  lib.  iii.,  excerp.  controv.)— 6.  (v.,  4.)— 7.  (He- 
sych.  et  Du  Fresne,  s.  v.)— 8.  (in  Verr.,  iii.,  28.)— 9.  (Ep.  ad 
Fam.,  xiii.,  56.) -10.  (Dig.  39,  tit.  4.— Suet.,  Calig.,  41.)— 11. 
(Dig.  18,  tit.  3.) 
298 


COMMU'NI  DIVIDU'NDO  A'CTIO  is  one  o 

those  actions  which  are  called  mixtae,  from  the  cii 
cumstance  of  their  being  partly  in  rem  and  partly  i» 
personam ;  and  duplicia  judicia,  from  the  circmn. 
stance  of  both  plaintiff  and  defendant  being  equall> 
interested  in  the  matter  of  the  suit,1  though  the  per 
son  who  instituted  the  legal  proceedings  was  proper 
ly  the  actor.    This  action  was  maintainable  betvveei 
those  who  were  joint  owners  of  a  corporeal  thing 
which  accordingly  was  called  res  communis ;  an<! 
it  was  maintainable  whether  they  were  owners 
(domini),  or  had  merely  a  right  to  the  publiciana 
actio  in  rem ;  and  whether  they  were  socii,  as  in 
the  case  of  a  joint  purchase ;  or  not  socii,  as  in  tho 
case  of  a  thing  bequeathed  to  them  (legato)  by  a 
testament ;  but  the  action  could  not  be  maintained 
in  the  matter  of  an  hereditas.    In  this  action  an 
account  might  be  taken"  of  any  injury  done  to  the 
common  property,  or  anything  expended  on  it,  or 
any  profit  received  from  it,  by  any  of  the  joint  own- 
ers.    Any  corporeal  thing,  as  a  piece  of  land  or  a 
slave,  might  be  the  subject  of  this  action. 

It  seems  that  division  was  not  generally  effected 
by  a  sale ;  but  if  there  were  several  things,  the  ju- 
dex would  adjudicate  (adjudicare)  them  severally3 
to  the  several  persons,  and  order  (condemnare)  the 
party  who  had  the  more  valuable  thing  or  things  to 
pay  a  sum  of  money  to  the  other  by  way  of  equality 
of  partition.  It  follows  from  this  that  the  things 
must  have  been  valued ;  and  it  appears  that  a  sale 
might  be  made,  for  the  judex  was  bound  to  make 
partition  in  the  way  that  was  most  to  the  advantage 
of  the  joint  owners,  and  in  the  way  in  which  they 
agreed  that  partition  should  be  made;  and  it  ap- 
pears that  the  joint  owners  might  bid  for  the  thing, 
which  was  common  property,  before  the  judex.  If 
the  thing  was  one  and  indivisible,  it  was  adjudica 
ted  to  one  of  the  parties,  and  he  was  ordered  to  pay 
a  fixed  sum  of  money  to  the  other  or  others  of  the 
parties.  This  action,  and  that  of  familise  erciscun- 
dae,  bear  some  resemblance  to  the  now  abolished 
English  writ  of  partition,  and  to  the  bill  in  equity 
for  partition.3 

COMMODA'TUM  is  one  of  those  obligationes 
which  are  contracted  re.  He  who  lends  to  another 
a  thing  for  a  definite  time,  to  be  enjoyed  and  used 
under  certain  conditions,  without  any  pay  or  reward, 
is  called  commodans ;  the  person  who  receives  the 
thing  is  called  commodatarius ;  and  the  contract  is 
called  commodatum.  It  is  distinguished  from  mu- 
tuum  in  this,  that  the  thing  lent  is  not  one  of  those 
things  quce  pondere,  numero,  mensurave  constant,  as 
wine,  corn,  &c. ;  and  the  thing  commodata  does 
not  become  the  property  of  the  receiver,  who  is 
therefore  bound  to  restore  the  same  thing.  It  dif- 
fers from  locatio  et  conductio  in  this,  that  the  use 
of  the  thing  is  gratuitous.  The  commodatarius  is 
liable  to  the  actio  commodati  if  he  does  not  restore 
the  thing  ;  and  he  is  bound  to  make  good  all  injury 
which  befalls  the  thing  while  it  is  in  his  possession, 
provided  it  be  such  injury  as  a  careful  person  could 
have  prevented,  or  provided  it  be  any  injury  which 
the  thing  has  sustained  in  being  used  contrary  to 
the  conditions  or  purpose  of  the  lending.  In  some 
cases  the  commodatarius  had  an  actio  contraria 
against  the  commodans,  who  was  liable  for  any  in- 
jury sustained  by  the  commodatarius  through  his 
dolus  or  culpa ;  as,  for  instance,  if  he  knowingly 
lent  him  bad  vessels,  and  the  wine  or  oil  of  the  com- 
modatarius was  thereby  lost  or  injured..* 

COMCEDIA  (Kopudia),  a  branch  of  dramatic  po- 
etry, which  originated  in  Greece,  and  passed  from 
thence  into  Italy. 

1.  (Gaius,iv.,160.)— 2.  (Gaius,  iv.,  42.)  —  3.  (Dig.  10,  tit.  a 
— Cic,  Ep.  ad  Fam.,  vii.,  12.— B  acton,  v.,  c  33.)— 4  (Dig  13, 
tit.  6.-  Instit.,  iii.,  14.  2  1 


COMGEDIA. 


COMCEDlA. 


I.  Greek  Comedy,  like  Greek  tragedy,  arose 
from  the  worship  of  Bacchus  ;  but  comedy  sprang 
from  a  more  ancient  part  of  Bacchic  worship 
than  tragedy.  A  band  of  Bacchic  revellers  natu- 
rally formed  a  comus  {nu/iog) ;  their  song  or  hymn 
was  properly  a  Kufiudia,  or  "  comus-song,"  and  it 
was  not  till  a  comparatively  late  period  that  the 
Bacchic  ode  or  dithyramb  was  performed  by  a  reg- 
ular chorus.  From  this  regular  chorus  the  Tragedy 
of  Greece  arose  [vid.  Chorus)  ;  and  to  the  old  co- 
mus of  the  Bacchic  or  phallic  revellers  we  may  as- 
sign the  origin  of  comedy.  It  is  true  that  Aristotle 
derives  comedy  from  k6/j.tj,  "  a  village ;"  so  that 
nuuudia  is  "  the  village  song  :"  but  this  etymology, 
like  so  many  others  proposed  by  Greek  authors,  is 
altogether  inadmissible,  however  much  it  may  be 
in  accordance  with  the  fact  that  the  Bacchic  comus 
did  go  about  from  village  to  village — it  was  a  village 
or  country  amusement ;  but  it  is  clear,  from  the 
manner  in  which  Athenian  writers  speak  of  this 
Bacchic  procession,  that  it  was  a  comus ;  thus,  in 
an  old  haw,  quoted  by  Demosthenes,1  rO  Kupoe  ko.1 
oi  KOfiydnt,  and  Aristophanes,2  Qalrjc,  iralpe  Ba/c- 
Xiov,  tjoynune :  and  as  the  tragedy  sprang  from  the 
recitations  of  the  leaders  (ol  e^dpxovreg)  in  the  dith- 
yramb, so  this  comus-song,  as  a  branch  of  dramatic 
poetry,  seems  to  be  due  to  analogous  effusions  of 
the  leaders  in  the  phallic  comus  ;  and  thus  Antheas 
the  Lindian,  according  to  Athenaeus,3  Kal  Kufi<f)diac 
erroUi  Kal  uXka  izo'AXa  kv  tovtu  tcj  rpoiru  tuv  iroin- 
fidruv,  a  efjrjpxz:  toic  fier'  avrov  yaXkotyopovot. 

This  branch  of  Greek  drama  was  first  cultivated 
oy  the  Icarians,  the  inhabitants  of  a  little  village  in 
Attica,  which  claimed  to  have  been  the  first  to  re- 
ceive the  worship  of  Bacchus  in  that  part  of  Greece  ; 
and  Susarion,  a  native  of  Tripodiscus,  in  Megaris, 
was  the  first  to  win  the  prize — a  basket  of  figs  and 
a  jar  of  wine — which  was  given  to  him  as  the  suc- 
cessful leader  of  a  comus  of  Icarian  "  glee-singers" 
(rpv yudol),  so  called  because  they  smeared  their  fa- 
ces with  the  lees  of  wine  ;  a  rude  disguise,  which 
was  sometimes  substituted  for  the  mask  worn  by 
the  Kofiydoi,  when  they  afterward  assumed  the  form 
of  a  regular  chorus.  The  Dorians  of  Megara  seem 
to  have  been  from  the  first  distinguished  for  a  vein 
of  coacse  jocularity,  which  naturally  gave  a  pecu- 
liar turn  to  the  witticisms  of  the  comus  among 
them;  and  thus  we  find  that  comedy,  in  the  old 
sense  of  the  word,  first  came  into  being  among  the 
Megarians  and  their  Sicilian  colonists.4  Susarion 
flourished  in  the  time  of  Solon,  a  little  before  Thes- 
pis,  but  he  seems  to  have  stood  quite  alone  ;  and, 
indeed,  it  is  not  likely  that  comedy,  with  its  bold 
spirit  of  caricature,  could  have  thriven  much  during 
the  despotism  of  the  Peisistratidae,  which  followed 
so  close  upon  the  time  of  Susarion.  The  very  same 
causes  which  might  have  induced  Peisistratus  to 
encourage  tragedy,  would  operate  to  the  prevention 
of  comedy ;  and,  in  fact,  we  find  that  comedy  did 
not  thoroughly  establish  itself  at  Athens  till  after 
the  democratical  element  in  the  state  had  com- 
pletely asserted  its  pre-eminence  over  the  old  aris- 
tocratic principles,  namely,  in  the  time  of  Pericles. 
The  first  of  the  Attic  comedians,  Chionides,  Ec- 
phantides,  and  Magnes,  flourished  about  the  time 
of  the  Persian  war ;  and  were  followed,  after  an 
interval  of  thirty  years,  by  Cratinus,  Eupolis,  and 
Aristophanes,  whom  Horace  justly  mentions  as  the 
greatest  authors  of  the  comedy  of  caricature.5  This 
branch  of  comedy  seems  to  have  been  the  natural 
descendant  of  the  satiric  iambography  of  Archilo- 
chus  and  others  :  it  was  a  combination  of  the  iam- 
bic lampoon  with  the  comus,  in  the  same  way  as 

1.  (c.  Mid.,  p.  517.)— 2.  (Acharn.,  263.)  — 3.  (p.  445,  B.)— 4. 
(See  Meineke,  Hist.  Crit.  Coin.  Gr.,  p.  20,  &c.)— 5.  (Sat.,  I., 
iv    J-5  ) 


tragedy  was  a  union  of  the  epic  rhapsody  witn  use 
dithyrambic  chorus.  This  old  comedy  ended  with 
Aristophanes,  whose  last  productions  are  very  dif- 
ferent from  his  early  ones,  and  approximate  rathe; 
to  the  middle  Attic  comedy,  which  seems  to  have 
sprung  naturally  from  the  old,  when  the  free  demo 
cratic  spirit  which  had  fostered  its  predecessor  was 
broken  and  quenched  by  the  events  which  followed 
the  Peloponnesian  war,  and  when  the  people  of 
Athens  were  no  longer  capable  of  enjoying  the  wild 
license  of  political  and  personal  caricature.  The 
middle  Attic  comedy  was  employed  rather  about 
criticisms  of  philosophical  and  literary  pretenders, 
and  censures  of  the  foibles  and  follies  of  the  whole 
classes  and  orders  of  men,  than  about  the  persona] 
caricature  which  formed  the  staple  of  the  old  com- 
edy. The  writers  of  the  middle  comedy  flourished 
between  B.C.  380  and  the  time  of  Alexander  the 
Great,  when  a  third  branch  of  comedy  arose,  and 
was  carried  to  the  greatest  perfection  by  Menander 
and  Philemon.  The  comedy  of  these  writers,  or 
the  new  comedy,  as  it  is  called,  went  a  step  farther 
than  its  immediate  forerunner:  instead  of  criticising 
some  class  and  order  of  men,  it  took  for  its  object 
mankind  in  general ;  it  was,  in  fact,  a  comedy  of 
manners,  or  a  comedy  of  character,  like  that  of  Far- 
quhar  and  Congreve ;  the  object  of  the  poet  was, 
by  some  ingeniously-contrived  plot  and  well-ima- 
gined situations,  to  represent,  as  nearly  as  possible, 
the  life  of  Athens  as  it  went  on  around  him  in  its 
every-day  routine ;  hence  the  well-known  hyberbole 
addressed  to  the  greatest  of  the  new  comedians  ■ 

cj  Mevavdpe  Kal  j3le, 
norepog  up'  v/icjv  rrorepov  euifi^aaro. 

The  middle  and  new  comedy,  though  approachm& 
much  more  nearly  to  what  we  understand  bv  the 
name  comedy,  could  scarcely  be  called  by  the  name 
KOfiudta  with  any  strict  regard  to  the  original  mean- 
ing of  the  word  ;  they  had  nothing  in  them  akin  to 
the  old  revelry  of  the  Ktipoc :  in  fact,  they  had  not 
even  the  comic  chorus,  which  had  succeeded  and 
superseded  the  Kufioc,  but  only  marked  the  inter- 
vals between  the  acts  by  some  musical  voluntary 
or  interlude.  It  belongs  to  a  history  of  Greek  lit- 
erature, and  not  to  a  work  of  this  nature,  to  point 
out  the  various  steps  by  which  Attic  comedy  passed 
from  its  original  boisterous  and  almost  drunken 
merriment,  with  its  personal  invective  and  extrav- 
agant indecency,  to  the  calm  and  refined  rhetoric 
of  Philemon,  and  the  decent  and  good-tempered 
Epicureanism  of  Menander  ;  still  less  can  we  enter 
here  upon  the  literary  characteristics  of  the  differ- 
ent writers  whose  peculiar  tendencies  had  so  much 
influence  on  the  progressive  development  of  this 
branch  of  the  drama.  It  is  sufficient  for  our  pur- 
pose to  point  out  generally  the  nature  of  Greek 
comedy,  as  we  havo  done  above,  and  to  enable  the 
student  to  discriminate  accurately  between  the  out- 
ward features  of  Greek  comedy  and  tragedy. 

The  dance  of  the  comic  chorus  was  called  the 
Kopdatj,  and  was  of  the  most  indecent  description  ; 
the  gestures,  and,  indeed,  the  costumes  of  the  cho- 
reutae,  were  such  that  even  the  Athenians  consid- 
ered it  justifiable  only  at  the  festival  of  Bacchus, 
when  every  one  was  allowed  to  be  drunk  in  hon- 
our of  the  god  ;  for,  if  an  Athenian  citizen  danced 
the  cordax  sober  and  unmasked,  he  was  looked  upon 
as  the  most  shameless  of  men,  and  forfeited  alto 
gether  his  character  for  respectability.1  Aristopha- 
nes himself,  who  did  not  much  scruple  at  violating 
common  decency,  claims  some  merit  for  his  omis- 
sion of  the  cordax  in  the  Clouds,  and  for  the  more 
modest  attire  of  his  chorus  in  that  play.2  Accord- 
ing to  Athenaeus;J  the  cordax  was  a  sort  ot  tiyyor. 

1.  (Theophrast.,  CUaract., 6.)— 2.  (v. ,  537,  Ac.)— 3.  (p.  630, 1).) 

299 


COMCEDIA. 


COMCEDTA. 


theme,  or  imitative  dance,  in  which  the  ehoreutae 
expressed  the  words  of  the  song  by  merry  gesticu- 
lations.1 Such  a  dance  was  the  hyporcheme  of  the 
Spartan  deicelictce ;  a  sort  of  merry-andrews,  whose 
peculiar  mimic  gestures  seem  to  have  formed  the 
basis  of  the  Dorian  comedy,  which  prevailed,  as  we 
have  seen,  in  Megaris,  and  which  probably  was  the 
parent  stock,  not  only  of  the  Attic,  but  also  of  the 
Sicilian  and  Italian  comedy. 

The  comic  chorus  consisted  of  twenty-four  per- 
sons, i.  e.,  of  half  the  number  of  the  full  tragic  cho- 
rus ;  and  as  the  comedians  did  not  exhibit  with 
tetralogies  as  the  tragedians  did,  this  moiety  ap- 
peared on  the  stage  undivided,  so  that  a  comedy 
had,  in  this  respect,  a  considerable  advantage  over 
a  tragedy.  The  chorus  entered  the  stage  in  rows 
of  six,  and  singing  the  parodos  as  in  tragedy  ;  but 
the  parodos  was  generally  short,  and  the  stasima 
still  less  important  and  considerable.  The  most 
important  business  of  the  chorus  in  the  old  comedy 
was  to  deliver  the  parabasis,  or  address  to  the  au- 
dience. In  this  the  chorus  turned  round  from  its 
usual  position  between  the  thymele  and  the  stage, 
where  the  chcreutas  stood  with  their  faces  turned 
towards  the  actors,  and  made  an  evolution  so  as  to 
pass  to  the  other  side  of  the  thymele.  Here  they 
stood  with  their  faces  turned  towards  the  specta- 
tors, and  addressed  them  in  a  long  series  of  ana- 
paestic tetrameters,  generally  speaking  in  the  name 
of  the  comic  poet  himself.  When  the  parabasis 
was  complete,  it  consisted  of,  1.  The  tcofipuTiov,  a 
short  introduction  in  trochaic  or  anapaestic  verse. 
2.  A  long  system  of  anapaestic  tetrameters,  called 
the  7rviyoc  or  the  (xanpov.  3.  A  lyrical  strophe, 
generally  in  praise  of  some  divinity.  4.  The  kirLp- 
prj/xa,  consisting,  according  to  the  rule,  of  sixteen 
trochaic  verses,  in  which  the  chorus  indulged  in 
witticisms  directed  against  some  individual,  or  even 
against  the  public  in  general.  The  parabasis,  though 
a  good  deal  refined  by  the  better  taste  of  Aristopha- 
nes, retained  much  of  the  abusive  scurrility  of  the 
old  rustic  comus  ;  so  that  we  may  regard  it  as  the 
only  living  representative  of  the  old  wagon-jests  of 
the  phallic  procession  in  which  comedy  originated, 
and  as  the  type  of  that  predominant  element  in  the 
old  comedy  which  the  Roman  satirist  Lucilius  made 
the  object  of  his  imitation. 

II.  Italian  Comedy  may  be  traced,  in  the  first 
instance,  to  the  rude  efforts  of  the  Dorian  comus  in 
Sicily.  It  has  been  shown  by  Muller2  that  even  the 
Oscan  farces,  called  the  fabulce  Atellance,  which 
passed  from  Campania  to  Rome,  may  be  traced  to 
a  Dorian  origin,  as  the  names  of  some  of  the  stand- 
ing masks  in  these  farces,  such  as  Pappus,  Maccus, 
and  Simus,  are  clearly  Greek  names.  The  more 
complete  development  of  the  Sicilian  comedy  by 
Epicharmus  appears  to  have  paved  the  way  for  the 
establishment  of  a  more  regular  comic  drama  in 
Italy.  Imitations  of  Epicharmus  seem  to  have  been 
common  among  the  cities  of  Magna  Graecia ;  and 
so  early  as  B.C.  240,  Livius  Andronicus  exhibited 
at  Rome  translations  or  adaptations  of  Greek  com- 
edies, in  which  he  did  not  attempt  to  obliterate  the 
traces  of  their  Greek  origin  :  on  the  contrary,  from 
first  to  last,  most  of  the  Latin  comedies  were  pro- 
fessedly Greek  in  all  their  circumstances  ;  and  the 
translators  or  imitators,  though  many  of  them  were 
men  of  great  genius,  did  not  hesitate  to  speak  of 
themselves  as  barbari  in  comparison  with  their 
Greek  masters,  and  called  Italy  barbaria  in  compar- 
ison with  Athens.8  The  Latin  comedians,  of  whom 
we  can  judge  for  ourselves,  namely,  Plautus  and 
Terence,  took  their  models  chiefly  from  the  new 
comedy  of  Greece.     The  latter,  as  far  as  we  know, 

1.  (Compare  Atherueus,  p.  21,  D.) — 2.  (His'  Lit.  Gr.,  c.  xxix., 
V  4  \— 3.  ( Vid.  Festus,  p.  36,  372,  ed.  Muller 

soo 


never  imitated  any  other  branch  of  Greek  comedy 
But  Plautus,  though  he  chiefly  follows  the  poets  of 
the  middle  or  new  comedy,  sometimes  approximates 
more  nearly  to  the  Sicilian  comedy  of  Epicharmus, 
or  to  the  IXaporpayudia  of  Rhinthon  and  others.  It 
is  doubtful  whether  the  Amphitryo,  which  Plautus 
himself  terms  a  tragico-comoedia,  is  an  imitation  of 
Rhinthon  or  of  Epicharmus.  That  Plautus  did  imi- 
tate Epicharmus  is  clear  from  the  words  of  Horace  :l 
"  Dicitur  ....  Plautus  ad  exemplar  Sicili  proper  are 
Epicharmi  ,*"  and  A.  W.  Schlegel  would  infer  from 
this  passage  alone  that  the  Amphitryo  was  borrowed 
from  some  play  by  Epicharmus,  who,  as  is  well 
known,  composed  comedies  on  mythical  subjects 
like  that  of  the  Amphitryo  of  Plautus. 

Although  Roman  comedy,  as  far  as  it  has  come 
down  to  us,  is  cast  entirely  in  a  Greek  mould,  the 
Romans  had  authors  who  endeavoured  to  bring  for- 
ward these  foreign  comedies  in  a  dress  more  Roman 
than  Grecian.  Comedies  thus  constructed  were 
called  fabula.  togata  (from  the  Roman  garb,  the 
toga,  which  was  worn  by  the  actors  in  it),  as  op- 
posed to  the  fabulce  palliatce,  or  comedies  represent 
ed  in  the  Greek  costume.  From  the  words  of 
Horace  in  the  passage  referred  to  above,  it  is  suffi- 
ciently obvious  that  the  fabula  togata  was  only  an 
imitation  of  the  Greek  new  comedy  clothed  in  a 
Latin  dress :  "  Dicitur  Afrani  toga  convenisse  Me- 
nandro."*  Not  that  the  writers  of  these  comedies 
absolutely  translated  Menander  or  Philemon,  like 
Plautus  and  Terence  ;  the  argument  or  story  seems 
to  have  been  Roman,  and  it  was  only  in  the  method 
and  plan  that  they  made  the  Greek  comedians  their 
model.   For  this,  also,  we  have  Horace's  testumonv  3 

"  Nil  intcntatum  nostri  liquere  potto, : 
Nee  minimum  meruere  decus,  vestigia  Graeca 
Ausi  deserere,  et  celebrare  domestica  facta, 
Vel  qui  praetextas,  vel  qui  docuere  togatas." 

The  prcetextata  fabula  alluded  to  here  was  a  sort  ci 
history. 

"  The  prcetextata  merely  bore  resemblance  to  a 
tragedy :  it  represented  the  deeds  of  Roman  kings 
and  generals  ;  and  hence  it  is  evident  that  at  least 
it  wanted  the  unity  of  time  of  a  Greek  tragedy — 
that  it  was  a  history,  like  Shakspeare's."4  The 
grammarians  sometimes  speak  of  the  prcetextata  as 
a  kind  of  comedy,  which  it  certainly  was  not.  The 
clearest  statement  is  that  of  Euanthius  {de  fabula) : 
"  Illud  vero  tenendum  est,  post  viav  Kopudlav  Lati- 
nos multa  fabularum  genera  protulisse  :  ut  togatas, 
a  scenicis  atque  argumentis  Latinis ;  prcetextatas,  ab 
dignitate  personarum  et  Latina  historia  ;  Atellanas, 
a  civitate  Campaniae,  ubi  actae  sunt  plurimae  ;  Rhin- 
thonicas,  ab  auctoris  nomine  ;  tabernarias,  ab  humil- 
itate  argumenti  et  styli ;  mimos,  ab  diuturna  imita- 
tione  rerum  et  levium  personarum."  But  even 
here  there  is  a  want  of  discrimination  ;  for  the  mi- 
m.us  was  entirely  Greek,  as  the  name  shows;  the 
Latin  style  corresponding  to  it  was  the  planipes. 
Hermann5  has  proposed  the  following  classification 
of  Roman  plays,  according  as  they  strictly  followed 
or  deviated  from  their  Greek  models  : 
Argumentum. 
Grcecum.  Romanum. 

Crepidata  (Tpayudia),         Prcetextata. 
Palliata  (nup-ydta),  Togata,  cujus  alia  trabea- 

ta,  alia  tabe*r.aria. 
Salyrica  (ouTvpoi),  Atellana. 

Mimus  {p.l[ioe),  Planipes. 

Neukirch6  gives  a  wider  extent  to  Roman  comedy, 
so  that  it  includes  all  the  other  species  of  drama, 
with  the  exception  of  the  crepidata  and  the  prcetextata, 

1.  (Epist.,  II.,  i.,  58.)— 2.  (Hor.,  Epist.,  II.,  i.,  57.)— 3.  (Epist 
ad  Pison.,  285,  &c.) — 4.  (Niebuhr,  Hist.  Rum.,  vol.  i.,  p   511 
2.) — 5.  (Opuscula,  v.,  p.  260.) — 6.  (De  Fabula  Romanorum  to- 
gata, p.  58.) 


COMPITALIA. 


CONCUBINA. 


I.  Gr^eci  argumenti. 

1.  Comoedia  sive  palliata,  quae  proprie  dicitur. 

2.  Tragico-comcedia  sive  Rhinthonica,  Graecis,  'Cka- 

porpayudia,  sive  'lrahiKTj  Ktjfiudia- 

3.  Mimics,  qui  proprie  dicitur. 

II.  Latini  argumenti. 

1.  Trabcata. 

2.  Togata  quae  proprie  dicitur,  sive  tabernaria. 

3.  Atellana. 

4.  Planipedia,  sive  planipedaria,  sive  planipes  (ri- 

ciniata). 
And  he  places  the  satirical  drama  in  a  third  class 
bv  itself.  It  is  very  difficult  to  come  to  any  certain 
conclusion  on  this  subject,  which  is  involved  in 
considerable  obscurity ;  the  want  of  materials  to 
enable  us  to  form  a  judgment  for  ourselves,  and  the 
confusions  and  contradictions  of  the  scholiasts  and 
other  grammarians  who  have  written  upon  it,  leave 
the  classification  of  Roman  comedies  in  great  un- 
certainty, and  we  must  rest  content  with  some  such 
approximations  as  those  which  are  here  given. 

COMOS  (KUftoe).  (Vid.  Comoedia,  p.  299;  Cho- 
rus, p.  247.) 

COMPENSA'TIO  is  defined  by  Modestinus  to  be 
debiti  et  crediti  inter  se  contributio.  Compensatio, 
as  the  etymology  of  the  word  shows  (pend-o),  is  the 
act  of  making  things  equivalent.  A  person  who 
was  sued  might  answer  his  creditor's  demand,  who 
was  also  his  debtor,  by  an  offer  of  compensatio  (si 
paratus  est  compensate),  which,  in  effect,  was  an 
offer  to  pay  the  difference,  if  any,  which  should 
appear  on  taking  the  account.  The  object  of 
the  compensatio  was  to  prevent  unnecessary  suits 
and  payments,  by  ascertaining  to  which  party  a 
balance  was  due.  Originally,  compensatio  only 
took  place  in  bonse  fidei  judiciis  and  ex  eadem  cau- 
sa ;  but,  by  a  rescript  of  M.  Aurelius,  there  could  be 
compensatio  in  stricti  juris  judiciis,  and  ex  dispari 
causa.  When  a  person  made  a  demand  in  right  of 
another,  as  a  tutor  in  right  of  his  pupillus,  the  debt- 
or could  not  have  compensatio  in  respect  of  a  debt 
due  to  him  from  the  tutor  on  his  own  account.  A 
fidejussor  (surety)  who  was  called  upon  to  pay  his 
principal's  debt,  might  have  compensatio,  either  in 
respect  of  a  debt  due  by  the  claimant  to  himself  or 
to  his  principal.  It  was  a  rule  of  Roman  law,  that 
there  could  be  no  compensatio  where  the  demand 
could  be  answered  by  an  exceptio  peremptoria  ;  for 
the  compensatio  admitted  the  demand,  subject  to 
the  proper  deduction,  whereas  the  object  of  the  ex- 
ceptio was  to  state  something  in  bar  of  the  demand. 
Set-off  in  English  law,  and  compensation  in  Scotch 
law,  correspond  to  compensatio.1 

COMPITA'LIA,  also  called  LUDI  COMPITA- 
LICII,  was  a  festival  celebrated  once  a  year  in 
honour  of  the  lares  compitales,  to  whom  sacrifices 
were  offered  at  the  places  where  two  or  more  ways 
met  ("  Compitalia,  dies  attributus  laribus  compitali- 
bus  ;  idco  ubi  vice  competunt,  turn  in  compelis  sacrifi- 
catur.  Quotannis  is  dies  concipitur"*).  This  festival 
is  said  by  some  writers  to  have  been  instituted  by 
Tarquinius  Priscus  in  consequence  of  the  miracle 
attending  the  birth  of  Servius  Tullius,  who  was 
supposed  to  be  the  son  of  a  lar  familiaris.3  We 
icarn  from  Macrobius*  that  the  celebration  of  the 
compitalia  was  restored  by  Tarquinius  Superbus, 
who  sacrificed  boys  to  Mania,  the  mother  of  the 
lares  ;  but  this  practice  was  changed  after  the  ex- 
pulsion of  the  Tarquins,  and  garlic  and  poppies 
offered  in  their  stead.  In  the  time  of  Augustus, 
the  lnli  compitalicii  had  gone  out  of  fashion,  but 
were  restored  by  him.5 

The  compitalia  belonged  to  the  ferice  conceptivce, 

I.  (Dig.  16,  tit.  2.)— 2.  (Varro,  De  Ling.  Lat.,  vi.,  25,  ed. 
Muller.— Festus,  s.  v.)— 3.  (Plin.,  H.  N.,  xxxvi.,  70.)— 4.  (Sat., 
i.  7.)— 5.  (Suet.,  Octav..  31.) 


that  is,  festivals  which  were  celebrated  on  days  ap 
pointed  annually  by  the  magistrates  or  priests.  The 
exact  day  on  which  this  festival  wau  celebrated 
appears  to  have  varied,  though  it  was  always  in  the 
winter.  Dionysius1  says  that  it  was  celebrated  a 
few  days  after  the  Saturnalia,  and  Cicero3  that  it 
fell  on  the  Kalends  of  January  (the  old  editions 
read  iii.  Kal.  Jan.) ;  but  in  one  of  his  letters  to  At- 
ticus3  he  speaks  of  it  as  falling  on  the  fourth  before 
the  nones  of  January.  The  exact  words  in  which 
the  announcement  of  the  day  on  which  the  compi- 
talia was  to  be  kept,  are  preserved  by  Macrobius4 
and  Aulus  Gellius  :5  "  Die  •  Noni  ■  (i.  e.,  nono) 
Popolo    •   Romano    ■   Quiritibus    ■    Compitalia    ■ 

ERUNT  '  QUANDO  *  CONCEPTA  #  FoVERINT  '  (Or  fue- 

ruit)  Nefas. 

COMPLU'VIUM.     (Vid.  House.) 

CONCHA  (icoyxv),  a  Greek  and  Roman  liquid 
measure,  of  which  there  were  two  sizes.  The 
smaller  was  half  the  cyathus  (=-0412  of  a  pint 
English) ;  the  larger,  which  was  the  same  as  the 
oxybaphum,  was  three  times  the  former  (=1238 
of  a  pint).6 

*CONCHA  (kojxv),  a  term  frequently  applied, 
like  conchylium,  to  shell-fish  in  general,  but  more 
particularly  to  the  Chamce.  Horace,  it  is  probable, 
means  the  Chamce  in  the  following  line :  "  Mitulus 
et  vites  pellent  obstantia  concha.'''''1 

♦CONCHYLIUM  (  noyxvltov  ).  This  term  is 
sometimes  used  in  a  lax  sense,  as  applied  to  the 
Testacea  in  general,  or  to  their  shells  separate  from 
their  flesh.8  Xenocrates  uses  noyxvTitjdnc  in  the 
same  sense.9  It  is  also  applied  to  the  Purpura  in 
particular,  and  likewise  to  the  purple  colour  formed 
from  it.  According  to  Aldrovandus,  Horace  applies 
it  to  oysters  in  the  following  line  :  "  Miscneris  eliz* 
simul  conchylia  turdis.,n0 

CONCILIA'BULUM.     (Vid.  Colonia.) 

CONCUBPNA  (GREEK).  The  rxaXkaKi)  oi 
■naTCkanic  occupied  at  Athens  a  kind  of  middle  rank 
between  the  wife  and  the  harlot  (haipa).  The  dis- 
tinction between  the  haipa,  iralXaKij,  and  legal  wife 
is  accurately  described  by  Demosthenes  :11  rue  fiev 
yap  ETaipac  rjdovfjg  'even'  exofiev  rac  de  iraXXanac,  rf}c 
Kad'  qfiepav  depaireiag  rov  ouftaToe  :  rac  de  yvvaitcac, 
tov  Traidorroieiodai  yvnacug  Kal  ruv  evdov  fyvXana  tclg- 
ttjv  exeiv.  Thus  Antiphon  speaks  of  the  Kallani] 
of  Philoneos  as  following  him  to  the  sacrifice,12  and 
also  waiting  upon  him  and  his  guest  at  table.13  If 
her  person  were  violated  by  force,  the  same  penalty 
was  exigible  from  the  ravisher  as  if  the  offence  had 
been  committed  upon  an  Attic  matron  ;  and  a  man 
surprised  by  the  quasi-husband  in  the  act  of  crimi 
nal  intercourse  with  his  t:a7JkaKTj,  might  be  slain  by 
him  on  the  spot,  as  in  the  parallel  case.1*  (Vid. 
Adulterium.)  It  does  not,  however,  appear  very 
clearly  from  what  political  classes  concubines  were 
chiefly  selected,  as  cohabitation  with  a  foreign  (givr/) 
woman  was  strictly  forbidden  by  law,15  and  the  pro- 
visions made  by  the  state  for  virgins  of  Attic  fami- 
lies must  in  most  cases  have  prevented  their  sinking 
to  this  condition.  Sometimes,  certainly,  where 
there  were  several  destitute  female  orphans,  this 
might  take  place,  as  the  next  of  kin  was  not  obliged 
to  provide  for  more  than  one ;  and  we  may  also 
conceive  the  same  to  have  taken  place  with  respect 
to  the  daughters  of  families  so  poor  as  to  be  unable 
to  supply  a  dowry.16  The  dowry,  in  fact,  seems  to 
have  been  a  decisive  criterion  as  to  whether  the 


1.  (iv.,  p.  219.)— 2.  (in  Pison.,  c.  4.)— 3.  (vii.,  7.)— 4.  (Sat., 
i.,  4.)— 5.  (x.,  24.)— 6.  (Hussey,  p.  207,  209.-Wurm,  p.  129  )— 
7.  (Sat.,  ii.,  4,  28.)—  8.  (Hippocr.,  De  Diu?t.)— 9.  (De  Aliment, 
ex  Aquat.)— 10.  (Sat.,  ii.,  2,  74.)— 11.  (c  Near.,  p.  1386.)— 12. 
(Ace.  de  Venef.,  p.  613.)— 13.  (Id.,  p.  614.— Vid.  Becker,  Char- 
ikies,  vol.  ii.,  p.  438.)— 14.  (Lysias,  De  Caed.  Eratosth.,  p.  95  )— 
15.  (Demosth.,  c.  Neaer.,  p.  4350.)— 16.  (Demosth.,  c.  Neser., 
1384.— Plaut..  Trinumm.,  III.,  ii.,  63.) 

301 


CONDITORIUM. 


CONFESSORIA  ACTIO. 


eornsxion  between  a  male  and  female  Athenian,  in 
a  si  He  of  cohabitation,  amounted  to  a  marriage:  if 
no  dowry  had  been  given,  the  child  of  such  union 
wo  .id  be  illegitimate  ;  if,  on  the  contrary,  a  dowry 
had  been  given,  or  a  proper  instrument  executed  in 
acknowledgment  of  its  receipt,  the  female  was  fully 
entitled  to  all  conjugal  rights.1  It  does  not  appear 
that  the  slave  that  was  taken  to  her  master's  bed 
acquired  any  political  rights  in  consequence;  the 
concubine  mentioned  by  Antiphon2  is  treated  as  a 
slave  by  her  master,  and  after  his  death  undergoes 
a  servile  punishment.3     (Vid.  Het^era.) 

CONCUBI'NA  (ROMAN).  According  to  an  old 
definition,  an  unmarried  woman  who  cohabited 
with  a  man  was  originally  called  pellex,  but  after- 
ward by  the  more  decent  appellation  of  concubina.4 
This  remark  has  apparently  reference  to  the  Lex 
Julia  et  Papia  Poppsea,  by  which  the  concubinatus 
received  a  legal  character.  This  legal  concubina- 
tus consisted  in  the  permanent  cohabitation  of  an 
unmarried  man  with  an  unmarried  woman.  It 
therefore  differed  from  adulterium,  stuprum,  and  in- 
cestus,  which  were  legal  offences  ;  and  from  con- 
tubernium,  which  was  the  cohabitation  of  a  free 
man  with  a  slave,  or  the  cohabitation  of  a  male 
and  female  slave,  between  whom  there  could  be  no 
Roman  marriage.  Before  the  passing  of  the  Lex 
Jul.  et  P.  P.,  the  name  of  concubina  would  have 
applied  to  a  woman  who  cohabited  with  a  married 
man  who  had  not  divorced  his  first  wife  ;5  but  this 
was  not  the  state  of  legal  concubinage  which  was 
afterward  established.  The  offence  of  stuprum  was 
avoided  in  the  case  of  the  cohabitation  of  a  free  man 
and  an  ingenua  by  this  permissive  concubinage ; 
but  it  would  seem  to  be  a  necessary  inference  that 
there  should  be  some  formal  declaration  of  the  in- 
tention of  the  parties,  in  order  that  there  might  be 
no  stuprum.6  Heineccius7  denies  that  an  ingenua 
could  be  a  concubina,  and  asserts  that  those  only 
could  be  concubinae  who  could  not  be  uxores  ;  but 
this  appears  to  be  a  mistake,8  or  perhaps  it  may  be 
said  that  there  was  a  legal  doubt  on  this  subject.9 
It  seems  probable,  however,  that  such  unions  were 
net  often  made  with  ingenuae. 

This  concubinage  was  not  a  marriage,  nor  were 
the  children  of  such  marriage,  who  were  sometimes 
called  liberi  naturales,  in  the  power  of  their  father. 
Still  it  established  certain  legal  relations  between 
the  two  persons  who  lived  in  concubinage  and  their 
children.  Under  the  Christian  emperors  concubi- 
nage was  not  favoured,  but  it  still  existed,  as  we 
see  from  the  legislation  of  Justinian. 

This  legal  concubinage  should  not  be  confounded 
with  illicit  cohabitation.  It  rather  resembled  the 
morganatic  marriage  (ad  morganaticam),  in  which 
neither  the  wife  enjoys  the  rank  of  the  husband, 
nor  the  children  the  rights  of  children  by  a  legal 
marriage.10  Thus  it  appears  that,  among  the  Ro- 
mans, widowers  who  had  already  children,  and  did 
not  wish  to  contract  another  legal  marriage,  might 
take  a  concubina,  as  we  see  in  the  case  of  Vespa- 
sian,11 Antoninus  Pius,  and  M.  Aurelius.12 

CONDEMN A'TIO.     {Vid.  Actio,  p.  20.) 

CONDI'CTIO.     (Vid.  Actio,  p.  16.) 

CONDITO'RIUM,  in  its  general  acceptation, 
means  a  place  in  which  property  of  any  kind  is  de- 
posited— ubi  quid  conditum  est — thus  conditorium 
muralium  tormentorum13  is  a  magazine  for  the  recep- 
tion of  a  battering-train  when  not  in  active  service. 


1  (Petit.,  Leg-.  Att.,  548,  and  authors  there  quoted.)  —  2. 
(Xzc.  de  Venef.)— 3.  (Id.,  p.  615.) — 4.  (Massurius,  ap.  Paul. — 
Dig.  50,  tit.  16,  s.  144.)— 5.  (Cic,  De  Orat.,i.,  40.)— 6.  (Dig.  48, 
tit.  5,  s.  34.)— 7.  (Syntag.,  Ap.,  lib.  i.,  39.)— 8.  (Dig-.  25,  tit.  5,  s. 
3.)— 9.  (Id.,  s.  1.)— 10.  (Lib.  Feud.,  ii.,  29.)— 11.  (Suet.,  Vesp., 
3.)— 12.  (Jul.  Cap.,  Vit.  Ant.,  c.  8.— Aurel.,  c.  29.— Dig.  25,  tit. 
T. — Cod.  v.,  tit.  26. — Paulus,  Recept.  Sentent.,  ii.,  tit.  19,  20. — 
.Vov.  18,  c.  5  ;  89,  c.  12.)— 13.  (Amm.  Marcell.,  xvii.,  9  ) 
302 


But  tht  word  came  afterward  to  be  applied  more 
strictly  as  a  repository  for  the  dead. 

In  the  earlier  ages  of  Greek  and  Roman  history, 
the  body  was  consumed  by  fire  after  death  {vid. 
Bustum),  the  ashes  only  receiving  sepulture  ;  and 
as  there  could  be  no  danger  of  infection  from  these, 
the  sepulchres  which  received  them  were  all  above 
ground.1  But  subsequently,  when  this  practice  fell 
into  partial  or  entire  disuse,  it  became  necessary  to 
inter  (humare)  the  dead,  or  bury  them  in  vaults 
or  chambers  under  ground  ;  and  then  the  word 
conditorium  or  conditivum2  was  adopted,  to  express 
that  class  of  sepulchres  to  which  dead  bodies  were 
consigned  entire,  in  contradistinction  to  those  which 
contained  the  bones  and  ashes  only.  It  is  so  used 
by  Petronius3  for  the  tomb  in  which  the  husband  of 
the  Ephesian  matron  was  laid ;  by  Pliny,4  for  the 
vault  where  the  body  of  a  person  of  gigantic  stature 
was  preserved  entire  ;  and  by  Quintilian,5  for  the 
chamber  in  which  a  dead  body  is  laid  out,  **  cubicu- 
lum  conditorium  mortis  tua."  In  a  single  passage 
of  Pliny6  it  is  synonymous  with  monimentum,  and 
in  an  inscription,7  "  olios  vi.  minores  in  avito  condi- 
torio,"  the  mention  of  the  cinerary  olla  indicates 
that  the  tomb  alluded  to  was  of  the  kind  called  co- 
lumbarium. (Vid.  Columbarium.)  The  correspond 
ing  word  in  Greek  is  vKoyatov  or  vTtoyeiov,6  hypo- 
geum.9 

Conditorium  is  also  used  for  the  coffin  in  which 
a  body  was  placed  when  consigned  to  the  tomb 
and  when  used,  the  same  distinction  is  implied.10 

*CONEION  (kuvblov),  Hemlock,  or  Conium  mac* 
ulatum.  It  is  called  Cicuta  by  Celsus.  This  poi- 
sonous plant  possesses  highly  narcotic  and  danger- 
ous qualities,  and  an  infusion  of  it  was  given  at 
Athens  to  those  who  were  condemned  to  capital 
punishment.  By  a  decoction  of  this  kind  Socrates 
lost  his  life.  The  effects  of  the  poison  in  his  case 
are  strikingly  described  in  the  Phaedon  of  Plato. 
Sibthorp  found  the  nuveiov  between  Athens  and  Me- 
gara.  It  is  not  unfrequent  throughout  the  Pelopon- 
nesus also.     The  modern  Greeks  call  it  Bpo^o^o/)- 


TOV 


ii 


CONFARREA TIO.     (Vid.  Marriage.) 

CONFESSO'RIA  ACTIO  is  an  actio  in  rem,1* 
by  which  a  person  claims  a  jus  in  re,  such  as  the 
use  and  enjoyment  (usus  fructus)  of  a  thing,  or 
claims  some  servitus  (jus  eundi,  agendi,  &c).  The 
actio  negatoria  or  negativa  is  that  in  which  a  per- 
son disputes  a  jus  in  re  which  another  claims  and 
attempts  to  exercise. 

If  several  persons  claimed  a  servitus,  each  might 
bring  his  action;  if  several  claimed  as  fructuarii, 
they  must  join  in  the  action.  None  but  the  owner 
of  the  property,  to  which  the  servitus  was  alleged 
to  be  due,  could  maintain  a  directa  actio  for  it. 
The  condemnatio  in  the  actio  confessoria  was  adapt- 
ed to  secure  to  the  fructuarius  his  enjoyment  of 
the  thing  if  he  proved  his  right,  and  to  secure  the 
servitus  if  the  plaintiff  made  out  his  claim  to  it. 

The  negatoria  actio  was  that  which  the  ownei  of 
a  thing  had  against  a  person  who  claimed  a  servi- 
tus in  it,  and  at  the  same  time  endeavoured  to  ex- 
ercise it.  The  object  of  this  action  was  to  prevent 
the  defendant  from  exercising  his  alleged  right,  and 
to  obtain  security  (cautio)  against  future  attempts, 
which  security  it  was  competent  for  the  judex  to 
require.  But  this  action  was  extended  to  the  get- 
ting rid  of  a  nuisance ;  as,  if  a  man  put  a  heap  of 
dung  against  your  wall  so  as  to  make  it  damp  ;  01 

1.  (Salmas.,  Exercit.  Plin.,  p.  849.)— 2.  (Senec,  Ep.,  60.)— 
3.  (Sat.,  cxi.,2,  7  ;  cxii.,  3.)-4.  (H.  N.,  vii.,  16.)— 5.  (Declam 
8,  p.  119,  ed.  Var.)— 6.  (Ep.,  vi.,  10.)— 7.  (ap.  Grut.,  p.  1134,  6.) 
8.  (Hesych.)— 9.  (Petron.,  Sat.,  cxi.,2.)— 10.  (Suet.,Octav.,  18. 
—Plin.,  H.  N.,  xxxvii.,  7.— Petron.,  Sat.,  cxii.,  8.— Compare 
Strabo,  xvii.,  8.)— 11.  (Theophrast.,  II.  P.,  ix.,  8.— Dioscor.,  iv. 
79  —  Celsus,  v  ,  6.— Adams,  Append.,  s.  v.)- 12.  (Gaius,  iv.,  3 


CONFUSIO. 


CONGIARIUM. 


a  neighbour's  wall  bellied  out  half  a  foot  or  more 
into  your  premises ;  or  the  wind  blew  one  of  his 
trees  so  as  to  make  it  hang  over  your  ground  ;  or  a 
man  cut  stones  on  his  own  land  so  that  the  pieces 
<ell  on  yours  :  in  all  such  cases  you  had  a  negatoria 
actio,  in  which  you  declared  jus  ei  non  esse,  &c, 
according  to  the  circumstances  of  the  case.1 

CONFU'SIO  properly  signifies  the  mixing  of 
liquids,  or  the  fusing  of  metals  into  one  mass.  If 
things  of  the  same  or  of  different  kind  were  con- 
fused, either  by  the  consent  of  both  owners  or  by 
accident,  the  compound  was  the  property  of  both. 
If  the  confusio  was  caused  by  one  without  the  con- 
sent of  the  other,  the  compound  was  only  joint  prop- 
erty in  case  the  things  were  of  the  same  kind,  and 
perhaps  (we  may  conjecture)  of  the  same  quality, 
as,  for  instance,  wines  of  the  same  quality.  If  the 
things  were  different,  so  that  the  compound  was  a 
new  thing,  this  was  a  case  of  what,  by  modern  wri- 
ters, is  called  specification,  which  the  Roman  wri- 
ters expressed  by  the  term  novam  speciem  facere, 
as  if  a  man  made  mulsum  out  of  his  own  wine  and 
his  neighbour's  honey.  In  such  a  case  the  person 
who  caused  the  confusio  became  the  owner  of  the 
compound,  but  he  was  bound  to  make  good  to  the 
other  the  value  of  his  property. 

Commixtio  applies  to  cases  such  as  mixing  to- 
gether two  heaps  of  corn ;  but  this  is  not  an  in- 
stance in  which  either  party  acquires  property  by 
the  commixtio.  For  if  the  mixture  takes  place,  ei- 
ther accidentally  or  with  mutual  consent,  or  by  the 
act  of  one  alone,  in  all  these  cases  the  property  of 
each  person  continues  as  before,  for  in  all  these 
cases  it  is  capable  of  separation.  A  case  of  com- 
mixtio arises  when  a  man's  money  is  paid  without 
his  knowledge  and  consent,  and  the  money,  when 
paid,  is  so  mixed  with  other  money  that  it  cannot 
be  recognised ;  otherwise  it  remains  the  property  of 
the  person  to  whom  it  belonged. 

The  title  confusio  does  not  properly  comprehend 
the  various  modes  of  acquisitio  which  arise  from 
two  pieces  of  property  belonging  to  different  per- 
sons being  materially  united  ;  but  still  it  may  be 
convenient  to  enumerate  under  this  head  the  vari- 
ous modes  of  acquisitio  which  belong  to  the  general 
head  of  Accessio. 

Specification  (which  is  not  a  Roman  word)  took 
place  when  a  man  made  a  new  thing  (nova  species) 
either  out  of  his  own  and  his  neighbour's  material, 
or  out  of  his  own  simply.  In  the  former  case,  such 
man  acquired  the  ownership  of  the  thing.  In  the 
latter  case,  if  the  thing  could  be  brought  back  to 
the  rough  material  (which  is  obviously  possible  in 
very  few  cases),  it  still  belonged  to  the  original  own- 
er, but  the  specificator  had  a  right  to  retain  the 
thing  till  he  was  paid  the  value  of  his  labour,  if  he 
had  acted  bona  fide.  If  the  new  species  could  not 
be  brought  back  to  its  original  form,  the  specificator 
in  all  cases  became  the  owner ■;  if  he  had  acted  bo- 
na fide,  he  was  liable  to  the  owner  of  the  stuff  for 
its  value  only  ;  if  mala  fide,  he  was  liable  to  an  ac- 
tion of  theft.  Of  this  kind  are  the  cases  put  by 
Gaius,8  of  a  man  making  wine  of  another  man's 
grapes,  oil  of  his  olives,  a  ship  or  bench  of  his  tim- 
ber, and  so  on.  Some  jurists  (Sabinus  and  Cassius) 
were  of  opinion  that  the  ownership  of  the  thing  was 
riot  changed  by  such  labour  being  bestowed  on  it ; 
the  opposite  school  were  of  opinion  that  the  new 
thing  belonged  to  him  who  had  bestowed  his  labour 
on  it,  but  they  admitted  that  the  original  owner  had 
a  legal  remedy  for  the  value  of  his  property. 

Two  things,  the  property  of  two  persons,  might 
become  so  united  as  not  to  be  separable  without  in- 
jury to  one  or  both  ;  in  this  case,  the  owner  of  the 
principal  thing  became  the  owner  of  the  accessory. 

].  (Dig.  8,  tit.  5.— Brisoniua,  De  Fo— ulis.)— 2.  (li ,  29.) 


Thus,  in  the  case  of  a  man  building  on  another 
man's  ground,  the  building  belonged  to  the  owner 
of  the  ground  (superficies  solo  cedit) ;  or  in  the  case 
of  a  tree  planted,  or  seed  sown  on  another  man's 
ground,  the  rule  was  the  same.  If  a  man  wrote, 
even  in  letters  of  gold,  on  another  man's  parchment 
or  paper,  the  whole  belonged  to  the  owner  of  the 
parchment  or  paper ;  in  the  case  of  a  picture  paint- 
ed on  another  man's  canvass,  the  canvass  became 
the  property  of  the  owner  of  the  picture.1  If  a  piece 
of  land  was  torn  away  by  a  stream  (avulsio)  from 
one  man's  land  and  attached  to  another's  land,  it 
became  the  property  of  the  latter  when  it  was  firmly 
attached  to  it.  This  is  a  different  case  from  that  of 
Alluvio.  But  in  all  these  cases  the  losing  party 
was  entitled  to  compensation,  with  some  exceptions 
as  to  cases  of  mala  fides. 

The  rules  of  Roman  law  on  this  subject  are  sta- 
ted by  Brinkmann,  Instit.  Jur.  Rom.,  §  398,  &c. ; 
Mackeldey,  Lehrbuch,  &c,  §  245,  &c,  Accession; 
Rosshirt,  Grundlinien,  &c,  §  62. 

The  term  confusio  had  other  legal  meanings, 
which  it  is  not  necessary  to  explain  here. 

*  CONGER  (Koyypog),  the  Conger  Eel,  or  Mux  ana. 
conger,  L.,  called  in  Italian  Bronco.  "  The  name  of 
Conger,"  observes  Griffith,  "  was  at  first  given  to  a 
species  of  eel,  the  Murana  conger,  after  Aristotle 
and  Athenaeus,  who  had  called  the  sea-eel  Koyypoc. 
M.  Cuvier  has  withdrawn  this  fish  from  the  genus 
Anguilla,  and  made  it  the  foundation  of  a  sub-genus, 
under  the  name  of  Conger.  It  is  very  abundant  on. 
the  coasts  of  England  and  France,  in  the  Mediter- 
ranean Sea,  where  it  was  much  sought  after  by  the 
ancients,  and  in  the  Propontis,  where  it  was  not 
long  ago  in  considerable  estimation.  Those  of 
Sicyon  were  more  especially  esteemed.  The  con- 
gers are  extremely  voracious.  They  live  on  fish, 
mollusca,  and  Crustacea,  and  do  not  even  spare 
their  own  species.  They  are  extremely  fond  of 
carrion,  and  are  sure  to  be  found  in  those  places 
into  which  the  carcasses  of  animals  have  been 
thrown. — Among  the  species  of  the  sub-genus  Mu- 
rana (proper)  we  may  notice  here  the  Common  Mu- 
rana, or  Murana  helena.  This  fish  is  about  three 
feet  long,  and  sometimes  more  ;  it  weighs  as  much 
as  twenty  or  thirty  pounds  ;  is  very  much  extended 
in  the  Mediterranean  ;  and  the  ancient  Romans,  who 
were  well  acquainted  with  it,  held  it  in  high  estima- 
tion under  the  name  of  Murana,  which  we  com- 
monly translate  by  the  term  4  lamprey.'  These  mu- 
raenae  were  carefully  reared  in  vivaria  by  the  Ro- 
mans. As  early  as  the  time  of  Caesar,  the  multi- 
plication of  these  domestic  muraenae  was  so  great; 
that  on  the  occasion  of  one  of  his  triumphs,  that 
commander  presented  six  thousand  of  them  to  his 
friends.  Crassus  reared  them  so  as  to  be  obedient 
to  his  voice,  and  to  come  and  receive  their  food  from 
his  hands  ;  while  the  celebrated  orator  Hortensius 
wept  over  the  loss  of  a  favourice  lamprey  of  which 
death  had  deprived  him.  The  Romans  are  said  to 
have  thrown  offending  slaves  into  their  fish-ponds, 
as  food  for  these  voracious  creatures."3 

CONGIA'RIUM  (scil.  vas,  from  congius),  a  vessel 
containing  a  congius.     (Vid.  Congius.) 

In  the  early  times  of  the  Roman  Republic,  the 
congius  was  the  usual  measure  of  oil  or  wine  which 
was,  on  certain  occasions,  distributed  among  the 
people  ;3  and  thus  congiarium,  as  Quintilian*  says, 
became  a  name  for  liberal  donations  to  the  people 
in  general,  whether  consisting  of  oil,  wine,  corn,  or 
money,  or  other  things,5  while  donations  made  to 
the  soldiers  were  called  donativa,  though  they  were 


1.  (Gaius,  ii.,  73,  &c.)—  2.  (Griffith's  Cuvier,  vol.  x.,  p.  544, 
&c.)— 3.  (Liv.,  ixv.,  2.)— 4.  (vi.,  3,  52.)— 5.  (Plin.,  H.  N.,  xiv.. 
14,  17;  xxxi.,  7,  41.— Suet.,  Octav.,  41.— Tib.,  20.— Ner.,  7— 
Plin.,  Paneg.,  25.— Tacit.,  Ann.,  xii.,41  ;  xki.,21  —  Liv.,  xxxvu., 
57.) 

303 


CONQUISITORES. 


CONSUALIA. 


sometimes  also  termed  congiaria.1  Congiarium 
was,  moreover,  occasionally  used  simply  to  desig- 
nate a  present  or  a  pension  given  by  a  person  of 
high  rank,  or  a  prince,  to  his  friends ;  and  Fabius 
Maximus  called  the  presents  which  Augustus  made 
to  his  friends,  on  account  of  their  smallness,  hemi- 
tiaria  instead  of  congiaria,  because  hcmina  was  only 
the  twelfth  part  of  a  congius* 

CO'NGIUS,  a  Roman  liquid  measure,  which  con- 
tained six  sextarii,3  or  the  eighth  part  of  the  am- 
phora (=5  9471  pints  Eng.).  It  was  equal  to  the 
larger  x°vq  of  the  Greeks.  (Vid.  Chous.)  Cato 
tells  us  that  he  was  wont  to  give  each  of  his  slaves 
a  congius  of  wine  at  the  Saturnalia  and  Compitalia.4 
Pliny  relates,  among  other  examples  of  hard  drink- 
ing,* that  Novellius  Torquatus  Mediolanensis  ob- 
tained a  cognomen  (tricongius,  a  nine-bottle-man) 
by  drinking  three  congii  of  wine  at  once. 

There  is  a  congius  in  existence,  called  the  con- 
gius of  Vespasian,  or  the  Farnese  congius,  bearing 
an  inscription,  which  states  that  it  was  made  in  the 
year  75  A. D.,  according  to  the  standard  measure  in 
the  Capitol,  and  that  it  contained,  by  weight,  ten 
pounds  (Imp.  Cas.  vi.  T.  Cas.  Aug.  F.  iiii.  Cos. 
Mensura  exactce  in  Capitolio,  P.  x.6).  By  means 
of  this  congius  the  weight  of  the  Roman  pound  has 
been  ascertained.  (Vid.  Libra.)  This  congius 
holds,  according  to  an  experiment  made  by  Dr. 
Hase  in  1824,  52037692  grains  of  distilled  water. 
Now  the  imperial  gallon  of  eight  pints,  as  determin- 
ed by  act  of  Parliament  in  1824,  holds  10  lbs.  avoir- 
dupois, or  70,000  grains  of  distilled  water.     Hence 

u        f    ■  ♦     •     »i              •         52037692X8 
the  number  of  pints  in  the  congms= TfiCfizz — 

=59471,  as  above.  Its  capacity  in  cubic  inches  is 
2061241. 

A  congius  is  represented  in  Fabretti.7 

*CONI'LE  (Koviln),  a  plant,  most  probably,  as 
Sprengel  suggests,  the  Satureia  Graca,  or  Greek 
Savory.9 

CONNU'BIUM.     (Fid.  Marriage.) 

CONOPE'UM  (Kwvo-eZov),  a  gnat  curtain,  i.  e.,  a 
covering  made  to  be  expanded  over  beds  and  couch- 
es to  keep  away  gnats  and  other  flying  insects,  so 
called  from  Kuvutp,  a  gnat. 

The  gnat-curtains  mentioned  by  Horace9  were 
probably  of  linen,  but  of  the  texture  of  gauze.  The 
use  of  them  is  still  common  in  Italy,  Greece,  and 
other  countries  surrounding  the  Mediterranean. 
Conopeum  is  the  origin  of  the  English  word  canopy.10 

According  to  Herodotus,11  the  Egyptian  fishermen 
used  to  provide  a  substitute  for  gnat-curtains  in  the 
following  manner  :  The  fisherman,  having  through 
the  day  worked  at  his  employment  with  his  casting- 
net  (ufiQiSXyoTpov),  in  the  evening  fixed  the  point  of 
it  on  the  top  of  an  upright  pole,  so  that  it  might  be 
expanded  round  him  in  the  form  of  a  tent.  Under 
this  he  reposed,  secure  from  the  attacks  of  insects, 
which,  as  has  been  lately  proved,  will  not  pass 
through  the  meshes  of  a  net,  though  quite  wide 
enough  to  admit  them.13 

*CONOPS  (tcuvoip),  a  name  most  properly  applied 
to  the  Culex  pipiens,  or  Gnat.  Schneider,  however, 
shows  that  it  is  sometimes  indiscriminately  applied 
also  to  the  Ephemera  (Mayfly)  and  the  Phryganea.1* 

CONQUISITO'RES.  These  were  persons  em- 
ployed to  go  about  the  country  and  impress  soldiers, 

I.  (Cic.  ad  Att.,  xvi.,  8.— Curt.,  vi.,  2.)— 2.  (Quint.,  1.  c— 
Compare  Cic.  ad  Fam.,  viii.,  1. — Senec,  De  Brevit.  Vit. — De 
Benef.,  ii.,  16.— Suet.,  Vesp.,  18.— Jul.,  27.)— 3.  (Rhem.  Farm., 
v,  72.)— 4.  (De  Re  Rust.,  c.57.)— 5.  (H.  N.,  xiv.,  22.)— 6.  (See 
also  Festus,  s.  v.  Publica  pondera.)— 7.  (Inscript.,  p.  536.) — 8. 
(Nicand.,  Ther.,  626. — Dioscor.,  iii.,  34. — Adams,  Append.) — 9. 
(Epod.  ix.,  9.)— 10.  (See  Judith,  t  ,  ?„<  •  riii  ,  9  ;  xvi.,  19.— Juv., 
vi.,  80.— Varro,  De  Re  Rust.,  ii.,  10,  y  8.1--11,  (ii.,  95.)— 12. 
'Spence.  in  Trans,  of  the  Entomological  Society  for  1834.) — 13. 
Arisfnt!,  H.  A.,  iv.,  7.— iElian,  N.  A.,  xiv.,  22.) 
304 


when  there  was  a  difficulty  in  completing  a  levy.' 
Sometimes  commissioners  were  appointed  by  a  de. 
cree  of  the  senate  for  the  purpose  of  making  a  con. 
quisitio.3 

CONSANGUI'NEI.     (Vid.  Cognati.) 
CONSECRA'TIO.     (Vid.  Apotheosis. ^ 
CONSILIA'RII.     (Vid.  Conventus.) 
CONSILIUM.     (Vid.  Conventus.)  ' 
CONSTITUTIO'NES.     "Constitute  principis," 
says  Gaius,3  "  is  that  which  the  imperator  has  ccn- 
stituted  by  decretum,  edictum,  or  epistola ;  nor  has 
it  ever  been  doubted  that  such  constitutio  has  the 
force  of  law,  inasmuch  as  by  law  the  imperator  re- 
ceives the  imperium."    Hence  such  laws  were  ofteik 
called  principales  constitutiones. 

An  imperial  constitutio,  then,  in  its  widest  sense, 
might  mean  everything  by  which  the  head  of  the 
state  declared  his  pleasure,  either  in  a  matter  of 
legislation,  administration,  or  jurisdictio.  A  decre- 
tum was  a  judgment  in  a  matter  in  dispute  between 
two  parties  which  came  before  him,  either  in  the 
way  of  appeal  or  in  the  first  instance.  Edicta,  so 
called  from  their  analogy  to  the  old  edict,*  edictales 
leges,  generates  leges,  leges  perpetuae,  &c,  were 
laws  binding  on  all  the  emperor's  subjects.  Under 
the  general  head  of  rescripta5  were  contained  epis- 
tolae  and  subscriptiones,6  which  were  the  answers 
of  the  emperor  to  those  who  consulted  him  either 
as  public  functionaries  or  individuals.7  In  the  time 
of  Tiberius,  the  word  rescriptum  had  hardly  obtain- 
ed the  legal  signification  of  the  time  of  Gaius.8  It 
is  evident  that  decreta  and  rescripta  could  not,  from 
their  nature,  have  the  force  of  leges  generates,  but, 
inasmuch  as  these  determinations  in  particular 
cases  might  be  of  obvious  general  application,  they 
might  gradually  obtain  the  force  of  law. 

Under  the  early  empeiors,  at  least  in  the  time  ©f 
Augustus,  many  leges  were  enacted,  and  m  his  time, 
and  that  of  his  successors  to  about  the  time  of  Ha- 
drian, we  find  mention  of  numerous  senatus  con- 
sulta.  In  fact,  the  emperor,  in  whom  the  supreme 
power  was  vested  from  the  time  of  Augustus,  ex- 
ercised his  power  through  the  medium  of  a  senatus 
consultum,  which  he  introduced  by  an  oratio  ox 
libellus,  and  the  senatus  consultum  was  said  to  be 
made  "imperatore  auctore."  Probably,  about  the 
time  of  Hadrian,  senatus  consulta  became  less  com- 
mon, and  finally  imperial  constitutiones  became  the 
common  form  in  which  a  law  was  made. 

At  a  later  period,  in  the  Institutes,  it  is  declared, 
that  whatever  the  imperator  determined  (conslituit) 
by  epistola,  or  decided  judicially  (cognoscens  decre- 
vit),  or  declared  by  edict,  was  law ;  with  this  lim- 
itation, that  those  constitutions  were  not  laws 
which  in  their  nature  were  limited  to  special  cases. 
Under  the  general  head  of  constitutiones  we  also 
read  of  mandata,  or  instructions  by  the  Caesar  to 
his  officers. 

Many  of  these  constitutions  are  preserved  in  their 
original  form  in  the  extant  co«ves.  (Vid.  Codex 
Theodosianus,  &c.) 

CONSUA'LIA,  a  festival,  with  {tames,  celebrated 
by  the  Romans,  according  to  Festus,  Ovid,9  and 
others,  in  honour  of  Consus,  the  god  of  secret  de- 
liberation, or,  according  to  Livy,13  of  Neptunus 
Equestris.  Plutarch,11  Dionysius  of  Halicarnas 
sus,18  and  the  Pseudo  Asconius,  however,13  say  that 
Neptunus  Equestris  and  Consus  were  only  different 
names  for  one  and  the  same  deity.  It  was  solem- 
nized e^ery  year  in  the  circus  by  the  symbolical 
ceremony  of  uncovering  an  altar  dedicated  to  the 

1.  (Hirt.,  De  Bell.  Alex.,  i.,  22.— Liv.,  xxi.,  11  )— 2.  (L:t., 
xxv.,  5.)— 3.  (i.,  5.)— 4.  (Gaius,  i.,  93.)— 5.  (Gaius,  i.,  72,  73, 
&c.)— 6.  (Gaius,  i.,  94,  96,  104.)— 7.  (Plin.,  F.p.,  x.,  2.)— 8.  (Ta- 
cit., Ann.,vi.,  9.)— 9.  (Fast.,  iii.,  199.)— 10.  (i.,  9.)— 11.  (Qinest. 
Rom.,  45.)  — 12.  (ii.,  31.)  — 13.  (ad  Cic.  itt  Verr.,  p.  142.  eJ 
OrelliA 


CONSUL. 


CONSUL. 


god,  which  was  buried  in  the  earth.  For  Romulus, 
who  was  considered  as  the  founder  of  the  festival, 
was  said  to  have  discovered  an  altar  in  the  earth 
on  that  spot.1  The  solemnity  took  place  on  the 
21st  of  August  with  horse  and  chariot  races,  and 
libations  were  poured  into  the  flames  which  con- 
sumed the  sacrifices.  During  these  festive  games, 
horses  and  mules  were  not  allowed  to  do  any  work, 
and  were  adorned  with  garlands  of  flowers.  It  was 
at  their  first  celebration  that,  according  to  the  an- 
cient legend,  the  Sabine  maidens  were  carried  off.8 
Virgil,*  in  speaking  of  the  rape  of  the  Sabines,  de- 
scribes it  as  having  occurred  during  the  celebration 
of  the  Circcnsian  games,  which  can  only  be  account- 
ed for  by  supposing  that  the  great  Circensian  games, 
in  subsequent  times,  superseded  the  ancient  Con- 
sualia,  and  that  thus  the  poet  substituted  games 
of  his  owrn  time  for  ancient  ones — a  favourite  prac- 
tice with  Virgil ;  or  that  he  only  meant  to  say  the 
rape  took  place  at  the  well-known  festival  in  the 
circus  (the  Consualia),  without  thinking  of  the  ludi 
circenses,  properly  so  called. 

CONSUL,  the  joint  president  of  the  Roman  Re- 
public. "  Without  doubt  the  name  consules  means 
nothing  more  than  simply  colleagues ;  the  syllable 
sul  is  found  in  prasul  and  exsul,  where  it  signifies 
one  who  is  ;  thus  consules  is  tantamount  to  consenies, 
the  name  given  to  Jupiter's  council  of  gods."*  This 
is  not  quite  correct.  The  syllable  sul  contains  the 
root  of  the  verb  salio,  "  to  go"  or  "  come ;"  and 
con-sil-ium  is  merely  "  a  coming  together,"  like  con- 
vention contio.  So  consules  are  "  those  who  come 
together,"  prasul  "  he  who  goes  before,"  exsul  "  he 
who  goes  out."  The  institution  of  consuls  or  joint 
presidents  of  the  state  seems  to  have  been  inti- 
mately connected  with  the  first  principles  of  the 
Roman  political  system.  The  old  tradition  with 
regard  to  the  first  two  kings  seems  to  point  directly 
to  something  of  the  kind,  and  Servius,  in  his  Con- 
stitution, is  said  to  have  provided  for  a  restoration 
of  the  old  division  of  the  sovereign  power  between 
two  functionaries.  They  do  not,  however,  appear 
to  have  existed  under  this  name  till  after  the  ex- 
pulsion of  Tarquinius,  when  L.  Junius  Brutus  and 
L.  Tarquinius  Collatinus  (or  M.  Horatius5)  were  ap- 
pointed chief  magistrates  at  Rome  with  this  title. 
At  first  the  consuls  were  the  only  supreme  officers 
at  Rome,  and  had  all  the  power  of  the  kings  whom 
they  succeeded.  Cicero6  ascribes  to  them  the  regia 
potestas  :  "  Idque  in  republica  nostra  maxima  va- 
luit,  quod  ei  regalis  potestas  praefuit — quod  et  in  his 
etiam  qui  nunc  regnant  manet."  "  Quibus  autem 
regia  potestas  non  placuit,  non  ii  nemini,  sed  non 
semper  uni  parere  voluerunt."  Their  dress  was 
regal,  with  the  exception  of  the  golden  crown,  which 
they  did  not  wear  at  all,  and  the  trabea,  which  they 
only  wore  on  the  occasion  of  a  triumph.  They  had 
ivory  sceptres  surmounted  by  eagles  ;  in  the  public 
assemblies  they  sat  upon  a  throne  (sella  curulis) ; 
they  had  an  elevated  seat  in  the  senate,  where 
they  presided ;  they  appointed  the  public  treasurers ; 
they  made  peace  and  contracted  foreign  alliances ; 
they  had  the  jurisdictio,  i.  e.,  they  were  the  supreme 
judges  in  all  suits,  whence  we  also  find  them  called 
praetores ;  and  they  had  the  imperium,  or  supreme 
command  of  the  armies  of  the  state.  The  most 
prominent  outward  symbols  of  their  authority  were 
tne  fasces,  or  bundle  of  rods  surrounding  an  axe, 
and  borne  before  the  consuls  by  twelve  lictors  or 
beadles. 

At  first  each  of  the  consuls  had  his  own  twelve 
lictors ;  but  P.  Valerius,  called  Publicola,  from  his 

1.  (Compare  Niebuhr,  Hist.  Rom.,  vol.  i.,  notes  629  and  f>30.) 
-2.  (Varro,  De  Ling-.  Lat.,v.,  3. — Diony».,i.,2. — Cic,  DeR^p., 
vi.,7.)  — 3.  f.En.,  viii.,  636.)—  4.  (Niebuhr,  Hist.  Rom.,  i.    p. 
*12.)-5.  (Polyb.,  iii.,  22.)— 6.  (De  Leg.,  iii.,  2.) 

Q  n 


attention  to  the  wishes  of  the  populus,  or  original 
burgesses,  removed  the  axe  from  the  fasces,  and 
allowed  only  one  of  the  consuls  to  be  preceded  by 
the  lictors  while  they  were  in  Rome.  The  other 
consul  was  attended  only  by  a  single  accensus.  This 
division  of  the  honours  was  so  arranged  that  the 
consuls  enjoyed  the  outward  distinctions  alternately 
from  month  to  month  ;  the  elder  of  the  two  consuls 
received  the  fasces  for  the  first  month,  and  so  on, 
till  the  reign  of  Augustus,  when  it  was  decreed  by 
the  Lex  Julia  ct  Papia  Poppaa,  that  the  precedence 
should  be  given  to  him  who  had  the  greater  num- 
ber of  children.  To  this  alternation  in  the  honours 
of  the  consulate  Horace  seems  to  refer  indirectly, 
when  he  says, 

"  Virtus,  repulsa  nescia  surdida., 
Intaminatis  fulget  honoribus : 
Nee  sumit  aut  ponit  secures 
Arbitrio  popularis  aura."1 

While  they  were  out  of  Rome,  and  at  the  head  01 
the  army,  the  consuls  retained  the  axes  in  the  fas- 
ces, and  each  had  his  own  lictors  as  before  the  time 
of  Valerius. 

The  consuls  were  for  some  time  chosen  only 
from  the  populus  or  patricians,  and,  consequently,  al- 
ways sided  with  their  own  order  in  the  long  strug- 
gle which  was  carried  on  between  the  patricians 
and  the  commonalty.  The  first  shock  to  their  pow- 
er was  given  by  the  appointment  of  the  tribuni  pie 
bis,  who  were  a  sort  of  plebeian  consuls,  and,  like 
the  others,  were  originally  two  in  number.  They 
presided  at  the  comitia  tributa,  or  assemblies  of  the 
plebs,  as  the  consuls  did  at  the  other  comitia,  and 
had  the  right  of  interposing  a  veto,  which  put  a  stop 
to  any  consular  or  senatorial  measure.  The  con- 
sular office  was  suspended  in  B.C.  452,  and  its  func- 
tions performed  by  a  board  of  ten  high  commission- 
ers (decemviri),  appointed  to  frame  a  code  of  laws, 
according  to  a  motion  of  the  tribune  Terentius.  On 
the  re-establishment  of  the  consulship  in  B.C.  444. 
the  tribunes  proposed  that  one  of  the  consuls  should 
be  chosen  from  the  plebeians,  and  this  gave  rise  to 
a  serious  and  long-protracted  struggle  between  the 
two  orders,  in.  the  course  of  which  the  office  of  con- 
sul was  again  suspended,  and  its  functions  admin- 
istered by  a  board  of  tribuni  militares,  corresponding 
to  the  arparriyoi  at  Athens.  At  length,  in  B.C.  366, 
the  plebeians  succeeded  in  procuring  one  of  the  con- 
suls to  be  elected  from  their  own  body,  and  after 
that  time  both  consuls  were  occasionally  plebeians. 

The  prerogatives  and  functions  which  were  ori- 
ginally engrossed  by  the  consuls,  were  afterward 
divided  between  them,  and  different  magistrates 
appointed  to  relieve  them  under  the  great  pressure 
of  business  introduced  by  the  increase  of  the  state. 
The  censors,  appointed  in  B.C.  442,  performed  some 
of  their  duties,  and  the  praetors,  first  elected  in  B.C. 
365,  undertook  the  chief  part  of  the  jurisdictio,  or 
judicial  functions  of  the  consuls.  When  a  consul 
was  appointed  to  some  command  or  office  out  of 
Rome,  he  was  said  provinciam  accipere ;  and  when 
the  consul  was  appointed  to  a  foreign  command  af- 
ter the  expiration  of  his  year  of  office,  he  was  call- 
ed proconsul.  In  the  Greek  writers  on  Roman  his- 
tory, the  consuls  are  called  viraroi,  the  proconsuls 
uvdv-Karoi.  The  consul  might  also  be  superseded 
by  the  dictator,  who  was  appointed  with  absolute 
power  for  certain  emergencies.  A  similar  authori- 
ty, however,  was  occasionally  vested  in  the  consuls 
themselves  by  virtue  of  the  senatus  decretum,  which 
was  worded,  Videant  consules  ne  quid  respublica  det- 
rimenti  capiat,  i.  e.,  "  Let  the  consuls  look  to  it,  that 
no  harm  befalls  the  state." 

The  consuls  were  elected  some  time  before  they 


1    /Carm.,  Ill ,  ii  ,  17  ) 


305 


CONTUS. 


CONVOLVULUS. 


entered  upon  their  office,  and  till  then  were  called 
consules  designati.  In  later  times  they  entered  on 
their  office  on  the  1st  of  January,  and  were  obliged 
to  take  the  oath  of  office  within  the  five  days  follow- 
ing, the  effect  of  which  they  had  to  repeat  in  an  oath 
which  they  took  on  quitting  their  office  at  the  end 
of  the  year.  The  commencement  of  the  consulate 
was  always  celebrated  by  a  solemn  procession  to 
the  Capitol,  and  a  sacrifice  there  to  Jupiter  Capito- 
linus,  and  after  that  there  was  a  great  meeting  of 
the  senate.  By  the  Lex  Annalis  (B.C.  181)  it  was 
decreed  that  the  consul  should  be  43  years  of  age.1 
But  many  were  elected  consuls  at  an  earlier  age. 
It  was  also  a  law  that  an  interval  of  ten  years 
should  elapse  between  two  elections  of  the  same 
person  to  the  office  of  consul ;  but  this  law  was  not 
strictly  observed,  and  instances  occur  of  five  or  six 
re-elections  to  this  office.  C.  Marius  was  seven 
times  consul. 

'The  office  of  consul  continued  after  the  downfall 
of  the  Republic.  In  the  reign  of  Tiberius  the  con- 
suls were  no  longer  elected  by  the  people,  but  were 
appointed  by  the  senate ;  and  subsequently  the  num- 
ber was  increased,  and  consuls  were  appointed  for 
a  part  of  the  year  only,  till  at  last  it  became  only  an 
honorary  or  complimentary  appointment.  In  these 
times  the  consuls  were  divided  into  several  classes : 
the  consules  ordinarii,  who  were  the  nearest  repre- 
sentatives of  the  older  consuls ;  the  consules  suffecti, 
appointed  by  the  emperors  for  the  rest  of  the  year ; 
and  the  consules  honorarii,  who  had  only  the  name, 
without  a  shadow  of  authority. 

The  consuls,  like  the  upxuv  eiruvvfioc  at  Athens, 
gave  their  names  to  the  year  ;  calendars  or  annual 
registers  were  kept  for  this  purpose,  and  called 
Fasti  Consulates.  The  last  consul  kiruvvnoe  was 
Basilius  junior,  in  the  reign  of  Justinian,  A.U.C. 
1294,  A.D.  541. 

CONTRACTUS.     (Vid.  Obligationes  ) 

CONTUBERNA'LES  (ovcKnvoi).  This  word,  in 
Its  original  meaning,  signified  men  who  served  in 
the  same  army  and  lived  in  the  same  tent.  It  is  de- 
rived from  taberna  (afterward  tabernaculum),  which, 
according  to  Festus,  was  the  original  name  for  a 
military  tent,  as  it  was  made  of  boards  {tabula). 
Each  tent  was  occupied  by  ten  soldiers  (contuberna- 
les),  with  a  subordinate  officer  at  their  head,  who 
was  called  decanus,  and  in  later  times  caput  contu- 
bernii.2 

Young  Romans  of  illustrious  families  used  to  ac- 
company a  distinguished  general  on  his  expeditions 
or  to  his  province,  for  the  purpose  of  gaining  under 
his  superintendence  a  practical  training  in  the  art 
of  war  or  in  the  administration  of  public  affairs,  and 
were,  like  soldiers  living  in  the  same  tent,  called  his 
contubernales  .3 

In  a  still  wider  sense,  the  name  contubernales  was 
applied  to  persons  connected  by  ties  of  intimate 
friendship  and  living  under  the  same  roof*  and 
hence,  when  a  free  man  and  a  slave,  or  two  slaves, 
who  were  not  allowed  to  contract  a  legal  marriage, 
lived  together  as  husband  and  wife,  they  were  call- 
ed contubernales;  and  their  connexion,  as  well  as 
their  place  of  residence,  contubernium.5  Cicero6 
calls  Caesar  the  conlubernalis  of  Quirinus,  thereby 
alluding  to  the  fact  that  Caesar  had  allowed  his  own 
statue  to  be  erected  in  the  temple  of  Quirinus.7 

C  0  N  T  U  B  E'R  N I U  M.    ( Vid.  Contubernales, 

CONCUBINA.) 

CONTUS  (kovtoc,  from  kevteu,  I  prick  or  pierce) 

1.  (Cic,  Philipp.,  v.,  17,  47.)— 2.  (Veget.,  De  Re  Mil.,  ii.,  8, 
13. — Compare  Cic,  Pro  Ligar.,  7. — Hirt.,  Bell.  Alex.,  16. — Dra- 
kenb.  ad  Liv.,  v.,  2.)  —  3.  (Cic,  Pro  Coel.,  30.— Pro  Plane,  11. 
—Suet.,  Jul.,  42.  —  Tacit.,  Agr.,  5.  — Frontin.,  Strateg.,  iv.,  1, 
1.  — Plutarch,  Pomp.,  3.)  — 4.  (Cic.  ad  Fam.,  ix.,  2.  —  Plin., 
3pist.,  ii.,  13.) — 5.  (Colum.,  xii.,  1,3;  i.,  8. — Petron.,  Sat.,  96. 
-Tacit.,  Hist.,  i.,43;  iii.,74.)— 6.  (ad  Att.,  xiii..  2«  .)— 7.  (Vid. 
Up.  ad  Att.,  xii.,  45.— Suet.,  Jul.,  76.) 

»06 


was,  as  Nonius1  expresses  it,  a  long  and  strong 
wooden  pole  or  stake,  with  a  pointed  iron  at  the 
one  end.3  It  was  used  for  various  purposes,  but 
chiefly  as  a  punt-pole  by  sailors,  who,  in  shallow 
water,  thrust  it  into  the  ground,  and  thus  pushed  on 
the  boat.3  It  also  served  as  a  means  to  sound  the 
depth  of  the  water.4  At  a  later  period,  when  the 
Romans  became  acquainted  with  the  huge  laneea 
or  pikes  of  some  of  the  northern  barbarians,  the 
word  contus  was  applied  to  this  kind  of  weapon ; 
and  the  long  pikes  peculiar  to  the  Sarmatians  were 
always  designated  by  this  name.6 

CONVENFRE  IN  MANUM.     (Vid.  Marriage.) 

CONVE'NTUS  (ovvofioe,  avvovcia,  or  cvvayuyr/) 
is  properly  a  name  which  may  be  given  to  any  as- 
sembly of  men  who  meet  for  a  certain  purpose. 
But  when  the  Romans  had  reduced  foreign  coun- 
tries into  the  form  of  provinces,  the  word  conventus 
assumed  a  more  definite  meaning,  and  was  applied 
to  the  whole  body  of  Roman  citizens  who  were  ei- 
ther permanently  or  temporarily  settled  in  a  prov- 
ince.7 In  order  to  facilitate  the  administration  of 
justice,  a  province  was  divided  into  a  number  of 
districts  or  circuits,  each  of  which  was  called  con' 
ventus,  forum,  or  jurisdiction  Roman  citizens  liv- 
ing in  a  province  were  entirely  under  the  jurisdic- 
tion of  the  proconsul,  except  in  the  towns  which 
had  the  Jus  Italicum,  which  had  magistrates  of  their 
own  with  a  jurisdictio,  from  whom  there  was,  no 
doubt,  an  appeal  to  the  proconsul ;  and  at  certain 
times  of  the  year,  fixed  by  the  proconsul,  they  as- 
sembled in  the  chief  town  of  the  district,  and  this 
meeting  bore  the  name  of  conventus  (cvvodoc). 
Hence  the  expressions,  conventus  agere,  peragere, 
convocare,  dimitterc,  ayopaiovc  (sc.  ij/uipag)  uyeiv, 
&c.9  At  this  conventus  litigant  parties  applied  to 
the  proconsul,  who  selected  a  number  of  judges 
from  the  conventus  to  try  their  causes.10  The  pro- 
consul  himself  presided  at  the  trials,  and  pronoun- 
ced the  sentence  according  to  the  views  of  the 
judges,  who  were  his  assessors  (consilium  or  consil 
iarii).  As  the  proconsul  had  to  carry  on  all  official 
proceedings  in  the  Latin  language,11  he  was  always 
attended  by  an  interpreter.12  These  conventus  ap- 
pear to  have  been  generally  held  after  the  proconsul 
had  settled  the  military  affairs  of  the  province  ;  at 
least,  when  Caesar  was  proconsul  of  Gaul,  he  made 
it  a  regular  practice  to  hold  the  conventus  after  his 
armies  had  retired  to  their  winter-quarters. 

Niebuhr13  supposes  that,  after  the  peace  of  Cau- 
dium,  and  before  any  country  had  been  made  a  Ro- 
man province,  the  name  conventus  was  applied  to 
the  body  of  Roman  citizens  sojourning  or  residing 
at  Capua,  Cuma,  and  eight  other  Campanian  towns. 

CONVFVIUM.     (Vid.  Symposium.) 

♦CONVOLVULUS,  I.  a  species  of  Caterpillar, 
mentioned  by  Pliny14  as  doing  great  damage  to  the 
vineyards.  It  derives  its  name  from  rolling  itself 
up  in  the  leaf,  after  having  half  cut  through  the 
small  stem  which  connects  the  latter  with  the  vine. 
Modern  naturalists  make  it  the  same  with  the  Pyra- 
lis  vitis.ts 

*II.  A  plant,  the  Bindweed,  of  which  several 
kinds  are  mentioned  by  the  ancient  writers.  Th:.; 
C.  Arvensis  is  the  ofiiTiat;  of  Dioscorides,16  with  the 

1.  (xviii.,  24.)— 2.  (Virg.,  JEn.,  v.,  208.)—  3.  (Horn.,  Od.,  ix  , 
287. — Virg.,  1.  c — Id.,  vi.,  302.) — 4.  (Festus,  s.  v.  Percunctatio 
— Donat.  ad  Terent.,  Hec,  I.,  ii.,  2.)  — 5.  (Virg.,  JEn.,  ix.,  510. 
— Tacit.,  Hist.,  i.,  44 ;  iii.,  27.  —  Lamprid.,  Commod.,  13.) — 6 
(Tacit.,  Hist.,  i.,  79.— Id.,  Ann.,  vi.,  35.—  Stat.,  Achill.,  ii.,  416. 
— Val.  Flacc,  vi.,    162,  et  al.)  —  7.  (Cic.  in  Verr.,  ii.,  13;  v., 
36.— Cffis.,  Bell.  Civ.,  ii.,  21.— Hirt.,  Bell.  Afr.,  97.)— 8.  (Cic.  in 
Verr.,  ii.,  15.— Plin.,  Ep.,  x.,  5.— Plin.,  H.  N.,  iii.,  1,  3  ;  v.,  29.) 
— 9.  (Cses.,  Bell.  Gall.,i.,  54  ;  v.,  1 ;  viii.,  46. — Act.  Apost.,  xix., 
38.)— 10.  (Cic.  in  Verr.,  ii.,  13,  &c— Niebuhr,  Hist.  Rom.,  iii., 
p.  732.)— 11.  (Val.  Max.,  II.,  ii.,  2.)— 12.  (Cic.  in  Verr.,  iii.,  37 
— Ep.  ad  Fam.,  xiii.,  54.)— 13.  (Hist.  Rom.,  iii.,  p.  340.)— 14 
(H.  N.,  xvii.,  28.)— 15.  (Plin.,  ed.  Panckoucke,  vol.  xi..  p.  186.} 
—16.  (iv.,  144.) 


CORALLIS. 


CORBIS. 


epithet  of  Tieia,  in  opposition  to  the  a/xlla^  rpaxela,1 
the  same  with  the  Smilax  Icevis  of  Pliny.a  This 
species  does  great  injury  to  the  corn,  and  its  roots 
are  not  easily  eradicated.  Billerbeck  censures  Sib- 
thorp  for  confounding  it  with  the  irepiKlvfievov  of 
Dioscorides.3  The  C.  Sepium,  also  called  ojui?,a!;, 
is  the  (xaTiaKOKiaco^  of  the  Geoponica,*  and  the 
Convolvulus  of  Pliny.5  It  has  white,  bell-shaped 
ficwers,  and  derives  its  name  from  growing  in 
hedges,  and  places  adjacent  to  these  ("  sepes  et  vi- 
cinn  omnia  implicaV).  It  is  also  called  'laatuvn, 
from  'Idao,  the  goddess  of  healing.6  Sibthorp  found 
it  everywhere  in  the  hedges  of  Greece.  The  C. 
Scammoyiia,  or  Scammony,7  is  the  plant  the  inspis- 
sated juice  of  which  is  the  Scammony  of  the  shops, 
a  well-known  purgative.  This  article  has  been 
known  from  a  very  early  period  ;  it  is  mentioned 
by  Hippocrates,  and  many  peculiar  virtues  were  at- 
tributed to  it  at  that  time  :  now,  however,  it  is  con- 
sidered only  as  an  active  cathartic.  The  plant  is 
spread  over  Syria,  Asia  Minor,  and  nearly  the  whole 
East.  Sibthorp  found  it  growing  in  many  parts  of 
Livadia  and  the  Peloponnesus  or  Morea.8  The 
C.  Soldanella  is  the  Kpufi6n  -Qakaaaia,  or  Sea-Kale.9 

*CONUS  (k&voc),  a  term  applied  by  Galen10  and 
Paul  of  iEgina11  to  the  Pinus  sylvestris,  or  wild 
Pine.  It  is  commonly  used,  however,  to  signify  the 
Nux  Pinea,  or  the  fruit  of  the  Pine-tree.  Athenseus 
says  that  Theophrastus  called  the  tree  nevKn,  and 
the  fruit  k&voc.12 

*CONY'ZA  (Kovvfc),  a  plant,  three  species  of 
which  are  described  by  Dioscorides.13  "  Owing  to 
recent  changes  in  the  Botanical  terminology,"  ob- 
serves Adams,  "  there  is  now  considerable  difficulty 
ui  applying  scientific  names  to  these  three  species. 
The  older  authorities  referred  them  all  to  the  genus 
Conuza,  or  Fleabane,  and  Stackhouse  still  does  so, 
but  hesitatingly."  Sprengel,  upon  the  whole,  prefers 
the  following  distribution  of  them.  1.  Inula  viscosa 
Ait.  2.  Inula  saxatilis,  or  Erigeron  graveolens.  3. 
Inula  oculus  Christi.  Dierbach  makes  the  now^a 
.">f  Hippocrates  the  Ambrosia  maritima.1* 

COOPTA'RE.     (Vid.  Collegium.) 

CO'PHINUS  (kqQivoc),  a  large  kind  of  wicker 
Basket,  made  of  willow  branches.15  From  Aris- 
tophanes16 it  would  seem  that  it  was  used  by  the 
Greeks  as  a  basket  or  cage  for  birds.  The  Romans 
used  it  for  agricultural  purposes  ;  and  Columella,17 
in  describing  a  method  of  procuring  early  cucum- 
bers, says  that  they  should  be  sown  in  well-manu- 
red soil,  kept  in  a  cophinus,  so  that  in  this  case  we 
have  to  consider  it  as  a  kind  of  portable  hot-bed. 
Juvenal,18  when  speaking  of  the  Jews,  uses  the  ex- 
pression cophinus  et  foznum  (a  truss  of  hay),  figura- 
tively to  designate  their  high  degree  of  poverty. 
{Vxd.  Corbis.) 

*CORACI/NUS  (tcopanlvoc),  a  species  of  Fish,  the 
same  with  the  caxipdrjc,  according  to  Athenaeus. 
{Vid.  Saperda.) 

*CORALLTUM  (Kopalliov).  "From  the  brief 
notices,"  observes  Adams,  "which  Arrian,19  He- 
sychius,*0  and  Dionysius,31  all  of  whom  mention 
this  term,  supply,  it  is  impossible  to  decide  satis- 
factorily what  species  of  the  Corallina  were  known 
o  the  ancients." 

*CORALLTS,  a  stone  resembling  vermilion,  and 
brought  from  India  and  Syene.a>  It  is  supposed  to 
have  been  red  coral.     The  ancients  thought  coral 


1.  (Theophrast ,  H  N.,  iii.,  18.)— 2.  (H.  N.,  xvi.,  10;  xxxiv., 
10.)— 3.  (iv.,  13.)— 4.  (ii.,  6,  31.)— 5.  (H.  N.,  xxi.,  5  et  16.)— 
5.  (Billerbeck,  Flora  Classica,  p.  44.) — 7.  (Dioscor.,  iv.,  171. — 
Theophrast.,  H.  P.,  iv.,  6  ;  ix.,  1,  et  10.)— 8.  (Billerbeck,  1.  c.) 
-0.  (Dioscor.,  ii.,  147.)— 10.  (De  Simpl.,  vii.)— 11.  (vii.,  3.)— 
12.  (Adams,  Append.,  s.  v.)— 13.  (iii.,  126.— Theophrast.,  II.  P., 
«?i.,  1,  2.) — 14.  (Adams,  Append.,  s.  v.) — 15.  (Moer.  Attic,  and 
flesvch.,  s.  v.  '/  5f>iXos.)— 16.  (Av.,  1223.)— 17.  (xi.,  3,  p.  460, 
ed.  Bip.)— 16  (Sat.,  iii.,  14,  and  vi.,  542.)— 19.  (Peripl.)— 20. 
J,p.v     s.  v  )— 21.  (De  Sit.  Orb.)— 22.  (PJin.  H.N    XTxvii.,10) 


to  grow  as  a  vegetable  underneath  the  waves,  and 
to  harden  into  stone  when  removed  from  its  native 
element.1 

*CORAX  (Kopa%).  I.  the  Raven,  or  Corvus  co- 
rax,  L.  "  This,"  remarks  Adams,  "  is  generally 
held  to  be  the  Corvus  of  Virgil ;  but  the  latter,  ac- 
cording to  Pennant,  was  the  Rook,  or  Corvus  frugi- 
legus,  which,  he  says,  is  the  only  species  that  is  gre- 
garious ;  and  Virgil  pointedly  refers  to  flocks  of  Co- 
vi.2  This,  however,  is  not  strictly  correct,  for  the 
hooded  crow  and  the  jackdaw  are  often  to  be  seen 
in  flocks.  Dr.  Trail  informs  me  that  he  has  seen 
flocks  of  hooded  crows,  consisting  of  many  hun- 
dreds. Aristotle3  applies  this  term  also  to  a  water  ■ 
bird.     It  probably  was  a  sort  of  cormorant."4 

♦II.  Probably  the  Trigla  hirundo,  L.,  or  Tuo-fish. 
Gesner,  however,  makes  no  distinction  between  it 
and  the  nopatdvog.     Coray  is  undecided.5 

CORBIS,  dim.  CO'RBULA,  CORBI'CULA,  a 
Basket  of  very  peculiar  form  and  common  use 
among  the  Romans,  both  for  agricultural  and  other 
purposes  ;  so  called,  according  to  Varro,6  "  Quod 
eo  spicas  aut  aliud  quid  corruebant ;"  or,  according 
to  Isidorus,7  "  Quia  curvatis  virgis  contexitur."  It 
was  made  of  osiers  twisted  together,8  and  of  a  con- 
ical or  pyramidal  shape  (Trleynara  ek  "kvyov  nvpa- 
fioetdfj.9  A  basket  answering  precisely  to  this  de- 
scription, both  in  form  and  material,  is  still  to  be 
seen  in  every-day  use  among  the  Campanian  peas- 
antry, which  is  called,  in  the  language  of  the  coun- 
try, "  la  corbella,"  a  representation  of  which  is  in- 
troduced in  the  lower  portion  of  the  annexed  wood- 
cut.    The  hook  attached  to  it  by  a  string  is  jot  the 


3&V*k? 


purpose  of  suspending  it  to  a  branch  of  the  tree  into 
which  the  man  climbs  to  pick  his  oranges,  lemons, 
olives,  or  figs.  The  upper  portion  of  the  woodcut1* 
represents  a  Roman  farm,  in  which  a  farming  man, 
in  the  shape  of  a  dwarfish  satyr,  is  seen  with  a  pole 
(acilla)  across  his  shoulder,  to  each  end  of  which 
is  suspended  a  basket  resembling  in  every  respect 
the  Campanian  corbella ;  all  which  coincidences  of 
name,  form,  and  description  leave  no  doubt  as  to 
the  identity  of  the  term  with  the  object  represented. 
As  the  corbis  was  used  for  a  variety  of  purposes, 
it  is  often  distinguished  by  a  corresponding  epithet, 
indicating  the  particular  service  to  which  it  was  ap- 
plied ;  as,  for  instance,  corbis  messoria,'-  which  was 
used  in  husbandry  for  measuring  corn  in  the  ear, 
and  is  therefore  opposed  to  the  modius,  in  which 


1.  (Moore's  Anc.  Mineral.,  p.  177.)— 2.  (Georg.,  i.,  410.)— 3. 
(H.  A.,  viii.,  5.) — 4.  (Adams,  Append.,  s.  v.) — 5.  (Plin.,  II.  N., 
xxxii.,  11. — Isidor.,  xii.,  6.) — 6.  (De  Ling.  Lat.,  v.,  139,  ed. 
Mullcr.)— 7.  (Oris:.,  xx.,  9.)— 8.  (Varro,  De  Re  Rust.,  i.,  22,  $  1. 
— Isidor.,  Columell.,  11.  cc.) — 9.  (Arrian,  Exp.  Alex.,  v.,  7,  8.) — 
10.  (AntichitA  di  Ercolano,  torn,  iii.,  tav.  29.)— 11.  (Cic,  Pr< 
Sext.,  38.— Compare  Varro,  De  Re  Rust.,  i  ,  53.— Property  Elegv 
IV.,  ii.,  2«  -Ovid  Met.,xiv..643.) 

no7 


CORIANDRUM. 


CORNELIA  LEX. 


ttie  grain  was  measured  after  thrashing  ;l  corhs 
pal  ulatoria,  which  held  a  certain  measure  of  green 
food  for  cattle  ;2  corbis  constricta,  when  put  over 
the  noses  of  cattle  with  sore  mouths,  like  a  muzzle, 
to  prevent  them  from  rubbing  their  lips.3  These 
were  all  of  the  larger  sort,  the  same  as  that  men- 
tioned by  Plautus,*  "  Geritote  amicis  vestris  aurum 
corbibus" 

The  smaller  basket  (corbula)  was  used  for  gath- 
ering fruit6  (aliquot  corbulas  uvarum*) ;  as  a  bread- 
basket (corbula  panis7) ;  for  carrying  up  viands  from 
the  kitchen  to  the  ccenaculum  ;*  and  when  Nero  at- 
tempted to  cut  through  the  Isthmus  of  Corinth,  he 
put  the  earth  into  a  corbula,  which  he  took  from  a 
soldier,  and  carried  it  away  on  his  shoulders  (hu- 
mum  corbula  congestam9),  which  identifies  the  sort 
of  basket  termed  ko§lvoc  by  Josephus,10  which  con- 
stituted part  of  the  marching  accoutrements  of  ev- 
ery Roman  soldier. 

The  corbis  was  also  used  in  the  Roman  navy. 
Being  filled  with  stones,  it  afforded  a  substitute  for 
an  anchor  in  places  where  the  soil  was  impervious 
to,  or  not  sufficiently  tenacious  for,  the  fluke  of  an 
anchor,11  which  practice  is  not  yet  forsaken,  for  the 
writer  has  repeatedly  seen  the  identical  "  corbella" 
delineated  above  so  applied  in  the  bay  of  Mola  di 
Gaieta. 

CO'RBITiE,  merchantmen  of  the  larger  class, 
so  called  because  they  hung  out  a  corbis  at  the  mast- 
head for  a  sign.12  They  were  also  termed  onerarice  ; 
and  hence  Plautus,  in  order  to  designate  the  vora- 
cious appetites  of  some  women,  says,  "  Corbitam 
cibicomessepossunt."13  They  were  noted  for  their 
heavy  build  and  sluggish  sailing,1*  and  carried  pas- 
sengers as  well  as  merchandise,  answering  to  the 
large  "  felucca"  of  the  present  day.  Cicero  pro- 
posed to  take  a  passage  in  one  of  these  vessels  from 
Rhegium  to  Patrae,  which  he  opposes  to  the  smarter 
class  of  packets  (actuariola16). 

*COR'CHORUS  (nopxopoc),  a  plant,  probably  the 
same  with  the  Jews'  Mallow,  or  Corchorus  olitorius. 
It  is  still  used  as  a  potherb  by  the  Jews  at  Aleppo. 
A  Japanese  species  of  this  shrub  is  well  known  in 
Great  Britain,  according  to  Adams ;  but  the  Cor- 
chorus olitorius  is  seldom  cultivated.18 

*CORD'YLUS  (Kopdvloc),  an  amphibious  animal 
described  by  Aristotle.17  "From  the  discussions 
of  Belon,  Rondelet,  Gesner,  and  Schneider,  it  would 
appear  to  be  settled,"  remarks  Adams,"  that  it  was 
a  sort  of  Lizard,  probably  a  variety  of  the  Siren  La- 
certinay 

II.  The  fry  of  the  Tunny-fish,  according  to  Pliny. 
Modern  naturalists,  however,  think  that  it  is  proba- 
bly a  variety  of  the  Scomber-thynnus,  L.18 

*CORIANDRUM  (nopiavvov  or  nopiov19),  Cori- 
ander, or  Coriandrum  sativum.  It  grows  wild  in 
Italy.  The  name  is  derived  from  the  strong  smell 
of  bedbugs  (nopie,  "  a  bedbug")  which  the  seed  has 
when  fresh.  Theophrastus  says  there  were  several 
kinds.20  According  to  Pliny,21  Coriander-seed,  ta- 
ken in  moderate  quantities,  was  good  in  aiding  di- 
gestion ;  and  the  ancients,  therefore,  generally  took 
it  after  eating.  Sibthorp  makes  the  modern  Greek 
name  to  be  Kopiavdpov  or  novoSapac.  He  found  it 
in  Peloponnesus  (the  Morea)  and  the  island  of  Cy- 


prus. 


22 


1.  (Cato,  De  Re  Rust.,  136.)— 2.  (Colum.,  VI.,  iii.,  5  ;  XI.,ii., 
*9.)—  3.  (Veget.,Art.  Veterin.,  ii.,33.)— 4.  (Bacch.,IV.,iv.,61.) 
-5.  (Cato,  De  Re  Rust.,  ii.,  5.— Colum.,  XII.,  l.,8.)— 6.  (Varro, 
Oe  Re  Rust.,  i.,  15.) — 7.  (Caecilius,  ap.  Non.,  s.  v.  Corbis.) — 8. 
(Plaut.,  Aul.,  II.,  vii.,  4.)  -9.  (Suet.,  Nero,  19.)— 10.  (Bell.  Jud., 
iii.,  5,  I)  5.) — 11.  (Arrian,  I.e. — Eunap.  ap.  Suid.,  s.  v.  Zevyfia.) 
—12.  (Festus.— Nonius,  s.  v.)— 13.  (Cas.,  IV.,i.,20.)— 14.  (Lu- 
<-il.  ap.  Non.,  s.  v.  Corbitae. — Plaut.,  Pcen.,  III.,  i.,4.) — 15.  (Ep. 
ad  Att.,  xvi.,  6.) — 16.  (Theophrast.,  H.  P.,  vii.,  7. — Adams,  Ap- 
pend., s.  v.)— IT.  (II.  A.,  i.,  5.)— 18  (Aristot.,  viii.,  21.— Plin., 
H.  N.,  ix.,  15.) — i9.  (Theophrast.,  i.,  11  ;  vii.,  1. — Dioscor.,  iii., 
64  )— 20.  (H.P.,  vii.,  1.)— 21.  (H.  N  ,  xx.,  20.)— 22.  (Billerbeck, 
Flora  Classica,  p.  76.) 
308 


*CORIS  (nopic)  I.,  a  name  applied  to  severai 
species  of  the  genus  Cimex,  or  bug.     ( Vid.  Cimex  ] 

II.  A  Plant,  the  same  with  the  Hypericum  Coris 
L.1 

CORD  AX.     {Vid.  Comgedia,  p.  299.) 

CORNE'LIA  LEX.     (Vid.  Majestas,  Repetu* 

DM.) 

CORNE'LIA  FULVIA  LEX.     (Vid.  Ambitus.) 
CORNE'LIA  LEX  DE  FALSIS.    (Vid.  Falsa.) 
CORNE'LIA  LEX  DE  INJU'RIIS.      ( Vid.  In- 

JVRIM.) 

CORNE'LIA  LEX  DE  SICA'RIIS  ET  VENE- 
FI'CIS.  A  law  of  the  Twelve  Tables  contained 
some  provision  as  to  homicide,2  but  this  is  all  that 
we  know.  It  is  generally  assumed  that  the  law  ol 
Numa  Pompilius,  quoted  by  Festus,3  "  Si  quis  hom- 
inem  liberum  dolo  sciens  morti  duit  paricida  esto," 
was  incorporated  in  the  Twelve  Tables,  and  is  the 
law  of  homicide  to  which  Pliny  refers  ;  but  this 
cannot  be  proved.  It  is  generally  supposed  that  the 
laws  of  the  Twelve  Tables  contained  provisions 
against  incantations  (malum  carmen)  and  poisoning, 
both  of  which  offences  were  also  included  under 
parricidium  :  the  murderer  of  a  parent  was  sewed 
up  in  a  sack  (culeus  or  culleus)  and  thrown  into  a 
river.  It  was  under  the  provisions  of  some  old 
law  that  the  senate,  by  a  consultum,  ordered  the 
consuls  P.  Scipio  and  D.  Brutus  (B.C.  138)  to  in- 
quire into  the  murder  in  the,  Silva  Scantia  (Silvr. 
Sila*).  The  lex  Cornelia  de  Sicariis  et  Veneficu 
was  passed  in  the  time  of  the  dictator  Sulla,  B.C. 
82.  The  lex  contained  provisions  as  to  death  oi 
fire  caused  by  dolus  malus,  and  against  persons  go- 
ing about  armed  with  the  intention  of  killing  or 
thieving.  The  law  not  only  provided  for  cases  of 
poisoning,  but  contained  provisions  against  those 
who  made,  sold,  bought,  possessed,  or  gave  poison 
for  the  purpose  of  poisoning ;  also  against  a  magis- 
trate or  senator  who  conspired  in  order  that  a  per- 
son might  be  condemned  in  a  judicium  publicum, 
&c.5  To  the  provisions  of  this  law  was  subse- 
quently added  a  senatus  consultum  against  mala 
sacrificia,  otherwise  called  impia  sacrificia,  the 
agents  in  which  were  brought  within  the  provisions 
of  this  lex.  The  punishment  inflicted  by  this  law 
was  the  interdictio  aquae  et  ignis,  according  to 
some  modern  writers.  Marcian6  says  that  the  pun- 
ishment was  deportatio  in  insulam  et  bonorum  adem- 
tio.  These  statements  are  reconcilable  when  we 
consider  that  the  deportatio  under  the  emperors 
took  f;he  place  of  the  interdictio,  and  the  expression 
in  the  Digest  was  suited  to  the  times  of  the  writers 
or  the  compilers.  Besides,  it  appears  that  the  lex 
was  modified  by  various  senatus  consuiia  and  im- 
perial rescripts. 

The  lex  Pompeia  de  Parricidiis,  passed  in  the 
time  of  Cn.  Pompeius,  extended  the  crime  of  parri- 
cide to  the  killing  (dolo  malo)  of  a  brother,  sister, 
uncle,  aunt,  and  many  other  relations  enumerated 
by  Marcianus  ;7  this  enumeration  also  comprises 
vitricus,  noverca,  privignus,  privigna,  patronus,  pa- 
trona,  an  avus  who  killed  a  nepos,  and  a  mother 
who  killed  a  filius  or  filia  ;  but  it  did  not  extend  to 
a  father.  All  privy  to  the  crime  were  also  punished 
by  the  law,  and  attempts  at  the  crime  also  came 
within  its  provisions.  The  punishment  was  the 
same  as  that  affixed  by  the  lex  Cornelia  de  Sica- 
riis,8 by  which  must  be  meant  the  same  punishment 
that  the  lex  Cornelia  affixed  to  crimes  of  the  same 
kind.  He  who  killed  a  father  or  mother,  grand- 
father or  grandmother,  was  punished  (more  majo- 
rum)  by  being  whipped  till  he  bled,  sewn  up  in  a 

1.  (Dioscor.,  iii.,  164. — P.  iEgin.,  vii.,  3.— Plin.,  H.  N.,  xxvi., 
54.)— 2.  (Plin.,  H.  N.,  xviii.,  3.)— 3.  (s.  v.  Parici  Qusestores.)— 
4.  (Cic,  Brutus,  c.  22,  ed.  H.  Meyer.) — 5.  (Compare  Cic,  Pre 
Cluent.,  c.  54,  with  Dig.  49,  tit.  8.)— P.  (Dig.  49,  tit.  8,  s.  3  x- 
*-'.  (Dig.  49,  tit.  9,  s.  1.)— S.  (Dig..  1.  c.) 


CORNU. 


CORONA. 


sack  with  a  dog,  cock,  viper,  and  ape,  and  thrown 
into  the  sea  if  the  sea  was  at  hand,  and  if  not,  by 
a  constitution  of  Hadrian,  he  was  exposed  to  wild 
aeasts,  or,  in  the  time  of  Paulas,  to  be  burned.  The 
ape  would  appear  to  be  a  late  addition.  The  mur- 
derers of  a  father,  mother,  grandfather,  grandmoth- 
er only  were  punished  in  this  manner  ;*  other  par- 
ricides were  simply  put  to  death.  From  this  it  is 
clear  that  the  lex  Cornelia  contained  a  provision 
against  parricide,  if  we  are  rightly  informed  as  to 
the  provisions  de  Sicariis  et  Veneficis,  unless  there 
was  a  separate  Cornelia  Lex  de  Parricidiis  As  al- 
ready observed,  the  provisions  of  those  two  leges 
were  modified  in  various  ways  under  the  emperors. 
It  appears  from  the  law  of  Numa,  quoted  by 
Festus,2  that  a  parricida  was  any  one  who  killed 
another  dolo  malo.  Cicero3  appears  to  use  the 
word  in  its  limited  sense,  as  he  speaks  of  the  pun- 
ishment of  the  culleus.  In  this  limited  sense  there 
seems  no  impropriety  in  Catilina  being  called  par- 
ricida with  reference  to  his  country ;  and  the  day 
of  the  dictator  Caesar's  death  might  be  called  a  par- 
ricidium,  considering  the  circumstances  under  which 
the  name  was  given.4  If  the  original  meaning  of 
parricida  be  what  Festus  says,  it  may  be  doubted 
if  the  etymology  of  the  word  (pater  and  caedo)  is 
correct ;  for  it  appears  that  paricida  or  parricida 
meant  murderer  generally,  and  afterward  the  mur- 
derer of  certain  persons  in  a  near  relationship.  If 
the  word  was  originally  patricida,  the  law  intended 
to  make  all  malicious  killing  as  great  an  offence  as 
parricide,  though  it  would  appear  that  parricide, 
properly  so  called,  was,  from  the  time  of  the  Twelve 
Tables  at  least,  specially  punished  with  the  culleus, 
and  other  murders  were  not.5 

♦CORNIX,  the  Carrion  Crow.  (Vid.  Corone.) 
CORNU,  a  wind  instrument,  anciently  made  of 
horn,  but  afterward  of  brass.6  According  to  Athe- 
naeus,7  it  was  an  invention  of  the  Etruscans.  Like 
the  tuba,  it  differed  from  the  tibia  in  being  a  larger 
and  more  powerful  instrument,  and  from  the  tuba 
itself  in  being  curved  nearly  in  the  shape  of  a  C, 
with  a  crosspiece  to  steady  the  instrument  for  the 
convenience  of  the  performer.  In  Greek  it  is  called 
cTpoyyv'krj  Gah-rziyt;  It  had  no  stopples  or  plugs  to 
adjust  the  scale  to  any  particular  mode  ;8  the  en- 
tire series  of  notes  was  produced  without  keys  or 
holes,  by  the  modification  of  the  breath  and  of  the 
lips  at  the  mouthpiece.  Probably,  from  the  descrip- 
tion given  of  it  in  the  poets,  it  was,  like  our  own 
horn,  an  octave  lower  than  the  trumpet.  The  clas- 
sicum,  which  originally  meant  a  signal  rather  than 
the  musical  instrument  which  gave  the  signal,  was 
usually  sounded  with  the  cornu. 

"  Sonuit  reflexo  classicum  cornu, 
Lituusque  adunco  stridulos  cantus 
Elisit  are:'9 


1.  (Modest.,  Dig.  49,  tit.  9,  s.  9.) — 2.  (8.  v.  Parici  Qusstores.) 
8.  (PioRos.Am.,  c.  25.)— 4.  (Suet.,  Os.,  c.  88.)—  5.  (Dig.  49, 
it.  8,  9. — Paulus,  Recept.  Sentent.,  v.,  tit.  24. — Dirksen,  Ueber- 
richl,  &<:.,  der  Zwolftafelgesetze,  Leipsig.)— 6.  (Varro,  De  Ling. 
l*t.,  v.,  117,  ed.  Muller.)— 7.  (iv.,  184,  A.)— 8.  (Burney's  Hist, 
o'  Music,  vol.  i.,  p.  518.)— 9.  (Sen.    (Ed..  734.) 


From  which  lines  we  learn  the  distinction  between 
the  cornu  and  lituus,  as  from  Ovid1  we  learn  that 
between  the  tuba  and  cornu : 

"  Non  tuba  directi,  non  aris  cornua  flexi.^ 

The  preceding  woodcut,  taken  from  Bartholini,9 
illustrates  the  above  account. 

CORO'NA  (oTE(pavoc),  a  Crown  ;  that  is,  a  circu- 
lar ornament  of  metal,  leaves,  or  flowers,  worn  by 
the  ancients  round  the  head  or  neck,  and  used  as  a 
festive  as  well  as  funereal  decoration,  and  as  a  re- 
ward of  talent,  military  or  naval  prowess,  and  civil 
worth.  It  includes  the  synonymes  of  the  species, 
for  which  it  is  often  used  absolutely,  are<puvn,  ortyoc, 
OTe<pdvu/j.a,  corolla,  sertum,  a  garland  or  wreath. 

The  first  introduction  of  this  ornament  is  attrib- 
uted to  Janus  Bifrons,3  the  reputed  inventor  of  ships 
and  coinage,  whence  many  coins  of  Greece,  Italy, 
and  Sicily  bear  the  head  of  Janus  on  one  side,  and  a 
ship  or  a  crown  on  the  reverse. 

Judging  from  Homer's  silence,  it  does  not  appear 
to  have  been  adopted  among  the  Greeks  of  the  he- 
roic ages  as  a  reward  of  merit  or  as  a  festive  dec- 
oration, for  it  is  not  mentioned  among  the  luxuries 
of  the  delicate  Phaeacians  or  of  the  suiters.  But 
a  golden  crown  decorates  the  head  of  Venus  in  the 
hymn  to  that  goddess.* 

Its  first  introduction  as  an  honorary  reward  is 
attributable  to  the  athletic  games,  in  some  of  which 
it  was  bestowed  as  a  prize  upon  the  victor,5  from 
whence  it  was  adopted  in  the  Roman  circus.  It 
was  the  only  one  contended  for  by  the  Spartans  in 
their  gymnic  contests,  and  was  worn  by  them  when 
going  to  battle.6 

The  Romans  refined  upon  the  practice  of  the 
Greeks,  and  invented  a  great  variety  of  crowns, 
formed  of  different  materials,  each  with  a  separate 
appellation,  and  appropriated  to  a  particular  purpose. 
We  proceed  to  enumerate  these  and  their  proper- 
ties, including  in  the  same  detail  an  account  of  tie 
corresponding  ones,  where  any,  in  Greece. 

I.  Corona  Obsidionalis.  Among  the  honora- 
ry crowns  bestowed  by  the  Romans  for  military 
achievements,  the  most  difficult  of  attainment,  and 
the  one  which  conferred  the  highest  honour,  was 
the  corona  obsidionalis,  presented  by  a  beleaguered 
army  after  its  liberation  to  the  general  who  broke 
up  the  siege;  It  was  made  of  grass,  or  weeds  and 
wild  flowers,7  thence  called  corona  graminea,6  and 
graminea  obsidionalis,9  gathered  from  the  spot  on 
which  the  beleaguered  army  had  been  enclosed,10  in 
allusion  to  a  custom  of  the  early  ages,  in  which  the 
vanquished  party,  in  a  contest  of  strength  or  agility. 


plucked  a  handful  of  grass  from  the  meadow  wheie 

1.  (Metam.,  i.,  98.)— 2.  (De  Tibiis,  p.  403.)— 3.  (Athen.,xv„ 
45.)— 4.  (1  and  7.)— 5.  (Plin.,  H.  N.,  xv.,  39.— Pindar,  Olymp., 
iv.,  36. — Argol.  in  Panvin.,  De  Lud.  Circ,  i.,  16. — Hamilton's 
Vases,  vol.  iii.,  pi.  47.)— 6.  (Hase,  p.  198, 200,  trans  1.)— 7.  (Plin  , 
H.  N.,  xxii.,  7.)— 8.  (Plin.,  H.  N.,  xxii.,  4.)— 9  (Liv.,  vii.,  37.) 
—10.  (Plin..  1.  c— Aul.  G«l  ,  v.,  6.— ,Fe*tus,  s.  v.  Obsidionalis.J 

a09 


COROx^A. 


^OROiN. 


tlie  struggle  took  place,  and  gave  it  to  his  opponent 
as  a  token  of  victory.1  A  list  of  the  few  Romans 
who  gained  this  honour  is  given  by  Pliny.2  A  rep- 
resentation of  the  corona  graminea  is  introduced  in 
the  preceding  woodcut.3 

II.  Corona  Civica,  the  second  in  honour  and  im- 
portance,* was  presented  to  the  soldier  who  had 
preserved  the  life  of  a  Roman  citizen  in  battle,5  and 
therefore  accompanied  with  the  inscription  "  Ob 
civem  servatum,"6  as  seen  on  the  medal  of  M.  Lep- 
iuus,  introduced  in  the  next  woodcut,  in  which  the 
letters  H.  0.  C.  S.  stand  for  hostem  occidit,  civem 
servavit.  It  was  originally  made  of  the  ilex,  after- 
ward of  the  cesculus,  and  finally  of  the  quercus,7 
three  different  sorts  of  oak,  the  reason  for  which 
choice  is  explained  by  Plutarch.8  It  is  represented 
in  the  next  woodcut,9  above  which  the  medal  of  Lep- 
idus,10  just  mentioned,  is  placed. 


As  the  possession  of  this  crown  was  so  high  an 
nonour,  its  attainment  was  restricted  by  very  se- 
vere regulations,11  so  that  the  following  combina- 
tions must  have  been  satisfied  before  a  claim  was 
allowed :  To  have  preserved  the  life  of  a  Roman 
citizen  in  battle,  slain  his  opponent,  and  maintained 
the  ground  on  which  the  action  took  place.  The 
testimony  of  a  third  party  was  not  admissible ;  the 
person  rescued  must  himself  proclaim  the  fact,  which 
increased  the  difficulty  of  attainment,  as  the  Roman 
soldier  was  commonly  unwilling  to  acknowledge 
his  obligation  to  the  prowess  of  a  comrade,  and  to 
show  him  that  deference  which  he  would  be  com- 
pelled to  pay  to  his  preserver  if  the  claim  were  es- 
tablished.12    Originally,  therefore,  the  corona,  civica 

1.  (Aul.  Gell.,  v.,  6.— Plin.,  H.  N.,  xxii.,  4.— Festus,  s.  v.  Ob- 
sidionalis.— Sew.  ad  Virg.,  JEn.,  viii.,  128.)— 2.  (H.  N.,  xxii.,  4, 
5.) — 3,  (Guichard,  De  Antiquis  Triumphis,  p.  268. — Compare 
Hardouin  ad  Plin.,  H.  N.,  x.,  68.)— 4.  (Plin.,  H.  N.,  xvi.,  3.)— 
5.  (Aul.  Gell.,  v.,  6.)— 6.  (Senec,  Clem.,  i.,  26.)— 7.  (Pirn.,  H. 
N.,  xvi.,  5.) — 8.  (Quaest.  Rom.,  p.  151,  ed.  Reisk.) — 9.  (Jacob  de 
Bie,  Numism.  Aurea  Imp.  Rom.,  pi.  5.)— 10.  (Goltz,  Histona 
CiEsarum  ex  Antiq.  Numismat.  Restitut.,  xxxiii.,  1.) — 11.  (Plin. 
R  N  ,  xvi.,  5  )— 12  (Cic,  Pro  Plane,  30.) 
910 


was  presented  by  the  rescued  soldier,1  after  .he 
claim  had  been  thoroughly  investigated  by  the  trib- 
une, who  compelled  a  reluctant  party  to  come  for- 
ward and  give  his  evidence  ;2  but  under  the  Em- 
pire, when  the  prince  was  the  fountain  from  wrhence 
all  honours  emanated,  the  civic  crown  was  no  lon- 
ger received  from  the  hands  of  the  person  whose 
preservation  it  rewarded,  but  from  the  prince  him- 
self, or  his  delegate.3 

The  preservation  of  the  life  of  an  ally,  even 
though  he  were  a  king,  would  not  confer  a  sufficient 
title  for  the  civic  crown.  When  once  obtained,  it 
might  always  be  worn.  The  soldier  who  had  ac- 
quired it  had  a  place  reserved  next  to  the  senate  at 
all  the  public  spectacles ;  and  they,  as  well  as  the 
rest  of  the  company,  rose  up  upon  his  entrance. 
He  was  freed  from  all  public  burdens,  as  were  also 
his  father,  and  his  paternal  grandfather;  and  the 
person  who  owed  his  life  to  him  was  bound,  ever 
after,  to  cherish  his  preserver  as  a  parent,  and  af- 
ford him  all  such  offices  as  were  due  from  a  son  to 
his  father.4 

A  few  of  the  principal  characters  who  gained 
this  reward  are  enumerated  in  the  following  pas- 
sages :  Plin.,  H.  N.,  vii.,  29  ;  xvi.,  5. — Liv.,  vi.,  20; 
x.,  46.  L.  Gellius  Publicola  proposed  to  confer  it 
upon  Cicero  for  having  detected  and  crushed  the 
conspiracy  of  Catiline  ;5  and  among  the  honours 
bestowed  upon  Augustus  by  the  senate,  it  was  de- 
creed that  a  civic  crown  should  be  suspended  from 
the  top  of  his  house  ;6  hence  a  crown  of  oak  leaves, 
with  the  inscription  ob  cives  servatos,  is  frequently 
seen  on  the  reverse  of  the  Augustan  medals,  as  also 
on  those  of  Galba,  Vitellius,  Vespasian,  Trajan,  &c., 
showing  that  they  likewise  assumed  to  themselve3 
a  similar  honour. , 

Other  chaplets  of  leaves  of  many  kinds  were 
used  both  at  Rome  and  in  Greece,  but  they  aie 
distinct  in  character  and  purpose  from  the  corona 
civica.  An  oak  wreath  was  given  by  the  Greeks  to 
Jupiter  ;7  but  that  has  no  acorns,  which  formed  a 
prominent  feature  in  the  corona  civica  ;8  and  likewise 
to  Hecate  ;9  of  ivy  to  Bacchus,10  commonly  seen  in 
his  statues,  from  which  he  is  termed  Kio-aoKo/nnv.11 
Those  who  assisted  at  a  sacrifice  wore  a  crown  of 
bay,  and  the  victim  a  wreath  of  cypress,  pine,  or 
flowers,  and  leaves  of  the  tree  sacred  to  the  deity 
to  whom  the  offering  was  made.12  Romulus  be- 
stowed a  crown  of  leaves  upon  Hostus  Hostilius, 
as  the  first  man  who  stormed  the  city  of  Fidenes  ;13 
and  the  army  paid  a  similar  compliment  to  P.  De- 
cius,  by  whom  it  was  saved  from  destruction  duiing 
the  Samnite  war.14 

It  will  not  fail  to  be  remarked,  as  characteristic 
of  Roman  manners  and  early  republican  virtue,  that 
the  two  crowns  which  were  the  most  difficult  to 
obtain,  and  held  in  tl\c  highest  honour,  possessed 
no  intrinsic  value. 

III.  Corona  Navams  or  Rostrata,  called  also 
Classica."  It  is  difficult  to  determine  whether 
these  were  two  distinct  crowns,  or  only  two  de- 
nominations for  the  same  one.  Virgil16  unites  both 
terms  in  one  sentence,  "Ternpora  navali  fulgent 
rostrata  corona."  But  it  seems  probable  that  the 
former,  besides  being  a  generic  term,  was  inferioi 
in  dignity  to  the  latter,  and  given  to  the  sailor  wh<* 

1.  (Aul.  Gel.,  v.,  6.— Polyb.,  vi.,  37.)— 2.  (Polyb.,  1.  c.)— ? 
(Tacit.,  Ann.,  xv.,  12.— Compare  iii.,  2.) — 4.  (Polyb.,  vi.,  37. — 
Cic,  Pro  Plane,  30.— Plin.,  H.  N.,  xvi.,  5.— Aul.  Gell.,  v.,  6  ) 
—5.  (Aul.  Gell.,  v.,  6.)— 6.  (Dion  Cass.,  liii.,  16.— Val.  Max., 
ii.,  8,  fin.— Ovid,  Fast.,  i.,  614 ;  iv.,  953.— Trist.,  III.,  i.,  6.— 
Senec,  Clem.,  i.,  26. — Suet.,  Calig-.,  19. — Compare  Claud.,  17 
—Tib.,  26.)— 7.  (Hamilton's  Vases,  vol.  iii.,  pi.   1. )  —8.  (Pirn., 
H.  N.,  xvi.,  5.) — 9.  (Soph.,  Fragm.  ap.  Yftpkaaaar,  Diatr.  in 
Eur.  Frag.,  p.  167.)— 10.  (Plm.,  H.  N.,  xvi.,  4.)— 11.  (Ho/j ., 
Hymn.inBacch.,1.— Compare  9.)— 12.  (Plin.,  I.e.)— 13.  (Plin. 
H.  N.,  xvi.,  5.)— 14.  (Liv.,  vii.,  37.)— 15.  (Paterc,  ii.,  81.)-  -16 
(JEn.,  viii.,  684.) 


CORONA. 


CORONA. 


brst  boarded  an  enemy's  ship;1  whereas  the  latter 
was  given  to  a  commander  who  destroyed  the 
whole  fleet,  or  gained  any  very  signal  victory.2  At 
all  events,  they  were  both  made  of  gold  ;  and  one, 
at  least  (rostrata),  decorated  with  the  beaks  of 
ships,  like  the  rostra  in  the  Forum,3  as  seen  in  a 
medal  of  Agrippa  ;*  the  other  (navalis),  with  a  rep- 
resentation of  the  entire  bow,  as  shown  in  the  sub- 
joined woodcut.8 


The  Athenians  likewise  bestowed  golden  crowns 
for  naval  services,  sometimes  upon  the  person  who 
got  his  trireme  first  equipped,  and  at  others  upon 
the  captain  who  had  his  vessel  in  the  best  order.6 

IV.  Corona  Muralis.  The  first  man  who  scaled 
the  wall  of  a  besieged  city  was  presented  by  his 
commander  with  a  mural  crown.7  It  was  made 
of  gold,  and  decorated  with  turrets  (muri  pinnis*), 
as  represented  in  the  next  woodcut  ;9  and  being 
one  of  the  highest  orders  of  military  decorations, 
was  not  awarded  to  a  claimant  until  after  a  strict 
investigation.10 


Cybele  is  always  represented  with  this  crown 
upon  her  head  ;H  but  in  the  woodcut  annexed13  the 
form  of  the  crown  is  very  remarkable,  for  it  in- 
cludes the  whole  tower  as  well  as  the  turrets,  thus 
affording  a  curious  specimen  of  the  ancient  style  of 
fortification. 


V.  CatosA.  Castrensis  or  Vallaris.  The  first 
tidier  who  surmounted  the  vallum,  and  forced  an 
mtrance  into  the  enemy's  camp,  was  in  like  man- 
,er  presented  with  a  golden  crown,  called  corona 

1.  (Plin.,  H.  N.,  xvi.,  3.)— 2.  (Compare  Aul.  Gell.,  v.,  6.— Liv., 
wpit.,  129. — Dio  Cass.,  xlix.,  14. — Seneca,  De  Ben.,  iii.,  32. — Fes- 
E  u,  «.v.  Navalis  Corona. — Plin.,H.  N.,  viii.,  31  ;  xvi.,  4. — Suet., 
Claud.,  17.)— 3.  (Plin.,  II.  N.,  xvi.,  4.)— 4.  (Tristan,  Comment. 
Histor.q.  des  Empereurs,  torn,  i.,  p.  131.) — 5.  (GuicVard,  de  An- 
tiq.  Triumphis,  p.  267.)— 6.  (Demosth.,  de  Corona  Prsef.  Nav., 
p.  278,  279,  ed.  Schaeffer.)— 7.  (Aul.  Gell.,  v.,  6,  4.— Liv.,  xxvi., 
48.1— 8.  (Aul.  Gell.,  1.  c.)— 9.  (Guichard,  De  Antiq.  Triumph., 
p.  265.)— 10.  (Liv.,  1.  c— Compare  Suet.,  Au".,  25.)— 11.  (Lu- 
ciet..  ii.,  607,  610  —Ovid,  Fast.,  iv  ,  219.— Compare  Virg.,  ^n., 
-..  253  .  v     "86.)— 12.  (Caylus,  Reeueil  D'Antiq.   vol.  v.,  pi.  7  ) 


castrensis  or  vallaris,1  which  was  ornamented 
the  palisades  (valli)  used  in  forming  an  intrench 
ment,  as  represented  in  the  annexed  woodcut  • 


VI.  Corona  Triumphalis.  There  were  three 
sorts  of  triumphal  crowns,  the  first  of  which  was 
worn  round  the  head  of  the  commander  during  his 
tnumph.  It  was  made  with  laurel  or  bay  leaves,* 
which  plant  is  frequently  met  with  on  the  ancient 
coins,  both  with  the  berries  and  without  them.  It 
was  the  latter  kind,  according  to  Pliny,*  which  was 
used  in  the  triumph,  as  is  shown  in  the  annexed 
woodcut,  from  a  medal  which  commemorates  thp 


Parthian  triumph  of  Ventidius,  the  lieutenant  ol 
Antony.5    Being  the  most  honourable  of  the  three 
it  was  termed  laurea  insignia6  and  insignis  corona 
triumphalis. 

The  second  one  was  of  gold,  often  enriched  with 
jewels,  which,  being  too  large  and  massive  to  be 
worn,  was  held  over  the  head  of  the  general  during 
his  triumph  by  a  public  officer  (servus  puUicus1). 
This  crown,  as  well  as  the  former  one,  was  pre- 
sented to  the  victorious  general  by  his  army. 

The  third  kind,  likewise  of  gold  and  great  value, 
was  sent  as  presents  from  the  provinces  to  the  com- 
mander as  soon  as  a  triumph  had  been  decreed  to 
him,8  and  therefore  they  were  also  termed  provinci- 
ales.9  In  the  early  ages  of  republican  virtue  and 
valour  these  were  gratuitous  presents,  but  before 
the  extinction  of  the  Republic  they  were  exacted 
as  a  tribute  under  the  name  of  aurum  coronarium,  to 
which  none  were  entitled  but  those  to  whom  a  tri- 
umph had  been  decreed.  (Vid.  Aurum  Coronari- 
um.) The  custom  of  presenting  golden  crowns 
from  the  provinces  to  victorious  generals  was  like- 
wise in  use  among  the  Greeks,  for  they  were  pro- 
fusely lavished  upon  Alexander  after  his  conquest 
of  Darius.10 

VTI.  Corona  Ovalis  was  another  crown  of  less 
estimation,  appropriated  solely  to  commanders.  It 
was  given  to  those  who  merely  deserved  an  ova- 
tion, which  happened  when  the  war  was  not  duly 
declared,  or  was  carried  on  against  a  very  inferior 
force,  or  with  persons  not  considered  by  the  iaws 
of  nations  as  lawful  enemies,  such  as  slaves  and 
pirates  ;  or  when  the  victory  was  obtained  without 
danger,  difficulty,  or  bloodshed  ;u  on  which  account 

1.  (Aul.  Gell.,  v.,  6,  5.— Compare  Val.  Max.,  i.,  8,  6.)— 2. 
(Guichard,  De  Antiq.  Triumph.,  p.  266.)— 3.  (Aul.  Gell.,  v.,  6. 
—Ovid,  Pont.,  II.,  ii.,  81— Tibull.,  I.,  vii.,  7.)— 4.  (H.  N.,  xv., 
39.)— 5.  (Goltz,  Hkst.  C«es.,  xlviii.,  2.)— 6.  (Liv.,  vii.,  13.)— 7. 
(Juv.,  Sat.,x.,  41.)— 8.  (Plut.,  Paul.  JEiniL,  34.)— 9.  (Tertull.j 
De  Coron.  Mil.,  c.  13.)— 10.  (Athen.,  xii.,  54.)— 11.  (Aul.  G-U., 
r.,  6.— Fesfua,  8.  v  Ovalis  Corona.) 

911 


CORONA. 


CORONA. 


H  "'ac  made  of  myrtle,  the  shrub  sacred  to  Venus : 
"  Quod  non  Martins,  sed  quasi  Veneris  quidam  tri- 
amphus  foret."1  The  myrtle  crown  is  shown  in 
the  woodcut  annexed,  from  a  medal  of  Augustus 
Caesar.2 


VIII.  Corona  Oleagina.  This  was  likewise  an 
honorary  wreath,  made  of  the  olive  leaf,  and  con- 
ferred upon  the  soldiers  as  well  as  their  command- 
ers. According  to  Gellius,3  it  was  given  to  any 
person  or  persons  through  whose  instrumentality  a 
triumph  had  been  obtained,  but  when  they  were  not 
personally  present  in  the  action.  It  is  represented 
in  the  next  woodcut,  from  a  medal  of  Lepidus,*  and 
was  conferred  both  by  Augustus  and  the  senate 
UDon  the  soldiery  on  several  occasions.5 


Golden  crowns,  without  any  particular  designa- 

ion,  were  frequently  presented  out  of  compliment 

by  one  individual  to  another,  and  by  a  general  to  a 

soldier  who  had  in  any  way  distinguished  himself.6 

The  Greeks,  in  general,  made  but  little  use  of 
crowns  as  rewards  of  valour  in  the  earlier  and  bet- 
ter periods  of  their  history,  except  as  prizes  in  the 
athletic  contests  ;  but,  previous  to  the  time  of  Alex- 
ander, crowns  of  gold  were  profusely  distributed, 
among  the  Athenians  at  least,  for  every  trifling  feat, 
whether  civil,  naval,  or  military,7  which,  though 
lavished  without  much  discrimination  as  far  as  re- 
gards the  character  of  the  receiving  parties,  were 
still  subjected  to  certain  legal  restrictions  in  respect 
of  the  time,  place,  and  mode  in  which  they  were 
conferred.  They  could  not  be  presented  but  in  the 
public  assemblies,  and  with  the  consent,  that  is,  by 
suffrage,  of  the  people,  or  by  the  senators  in  their 
council,  or  by  the  tribes  to  their  own  members,  or 
by  the  dyfiorat,  to  members  of  their  own  dijfioc.  Ac- 
cording to  the  statement  of  ^Eschines,  the  people 
could  not  lawfully  present  crowns  in  any  place  ex- 
cept in  their  assembly,  nor  the  senators  except  in 
the  senate-house ;  nor,  according  to  the  same  au- 
thority, in  the  theatre,  which  is,  however,  denied 
by  Demosthenes  ;  nor  at  the  public  games  ;  and  if 
any  crier  there  proclaimed  the  crowns,  he  was  sub- 

1.  f  AuL  Gell.,  1.  c— Plutarch,  Marcell.,  22.— Compare  Plin., 
H.  N..  xv  ,  39— Dionys.,  v.,  47.)— 2.  (Goltz,  Hist.  Cass.,  xvi., 
20.)— 3  vv.,  6.)— 4.  (Goltz,  Hist.  C*s.,  xxxiii.,  5.)— 5.  (Dion 
Cass.,  x\x,  14;  xlvi.,  40.)— 6.  (Liv.,  vii.,  10,  37;  x.,  44;  xxx., 
\&.)— 7.  (jEsch.,  c.  Ctes.— Demosth.,  De  Coron.,  passim.) 
319 


ject  to  aTLfila.  Neither  could  any  person  holding 
an  office  receive  a  crown  while  he  was  virevdwoc, 
that  is,  before  he  had  passed  his  accounts.  But 
crowns  were  sometimes  presented  by  foreign  cities 
to  particular  citizens,  which  were  termed  are^dvot 
1-eviKoi,  corona,  hospitales.  This,  however,  could  not 
be  done  until  the  ambassadors  from  (hose  cities  had 
obtained  permission  from  the  people,  and  the  party 
for  whom  the  honour  was  intended  had  undergone 
a  public  investigation,  in  which  the  whole  course 
of  his  life  was  submitted  to  a  strict  inquiry.1 

The  principal  regulations  at  Rome  respecting 
these  honours  have  been  already  mentioned  in.  the 
account  of  the  different  crowns  to  which  they  ap- 
plied. 

We  now  proceed  to  the  second  class  of  crowns, 
which  were  emblematical  and  not  honorary,  at  least 
to  the  person  who  wore  them,  and  the  adoption  of 
which  was  not  regulated  by  law,  but  custom.  Or 
these  there  were  also  several  kinds. 

I.  Corona  Sacerdotalis,  so  called  by  Ammianus 
Marcellinus.8  It  was  worn  by  the  priests  (sacer- 
dotes),  with  the  exception  of  the  pontifex  Maximus 
and  his  minister  (camillus),  as  well  as  the  by-stand- 
ers,  when  officiating  at  the  sacrifice.  It  does  not 
appear  to  have  been  confined  to  any  one  material, 
but  was  sometimes  made  of  olive  (see  preceding 
woodcut3),  sometimes  of  gold,*  and  sometimes  of 
ears  of  corn,  then  termed  corona  spicea,  which  kind 
was  the  most  ancient  one  among  the  Romans,5  and 
was  consecrated  to  Ceres,6  before  whose  temples  it 
was  customarily  suspended.7  It  was  likewise  le- 
garded  as  an  emblem  of  peace,8  in  which  character 
it  appears  in  the  subjoined  medal,  which  commem- 
orates the  conclusion  of  the  civil  war  between  An- 
tony and  D.  Albinus  Brutus.  • 


II.  Corona  Funebris  and  Sepulchralis.  The 
Greeks  first  set  the  example  of  crowning  the  dead 
with  chaplets  of  leaves  and  flowers,10  which  was 
imitated  by  the  Romans.  It  was  also  provided  by 
a  law  of  the  Twelve  Tables,  that  any  person  who 
had  acquired  a  crown  might  have  it  placed  upon 
his  head  when  carried  out  in  the  funereal  proces- 
sion.11 Garlands  of  flowers  were  also  placed  upon 
the  bier,  or  scattered  from  the  windows  under 
which  the  procession  passed,12  or  entwined  about 
the  cinerary  urn,13  or  as  a  decoration  to  the  tomb.1* 
In  Greece  these  crowns  were  commonly  made  of 
parsley  (ceXivov15). 

III.  Corona  Convivialis.  The  use  of  chaplets 
at  festive  entertainments  sprung  likewise  from 
Greece,  and  owe  their  origin  to  the  practice  of 
tying  a  woollen  fillet  tight  round  the  head,  for  the 
purpose  of  mitigating  the  effects  of  intoxication.16 
Thus  Mercury  in  the  Amphitryon,17  when  he  is  about 

1.  (jEsch.,  c.  Ctes. — Demosth.,  De  Coron.) — 2.  (xxxix.,  5,  $ 
6.)— 3.  (Stat.,  Theb.,  iii.,  466.)— 4.  (Prudent.,  Uept  Xr/0  x., 
1011— Tertull.,  De  Idol.,  18.)— 5.  (Plin.,  H.  N.,  xviii.,  2.)—  6 
(Hor.,  Carm.  Sc,  30.— Tibull.,  II.,  i.,  4 ;  I.,  i.,  15.)— 7.  (Ti 
bull.,  I.,  i.,  16.— Compare  Apul.,  Met.,  vi.,  p.  110,  ed.  Var  ) — 8. 
(Tibull.,  i.,  10,  67.)— 9.  (Goltz,  Hist.  Cass.,  xxii.,  2.)— 10.  (,Eu- 
rip.,  Phcen.,  1647.— Schol.  ad  loc.)— 11.  (Cic,  De  Leg.,  ii ,  24 
—Plin.,  H.  N.,  xxi.,  5.)— 12.  (Plin.,  H.  N.,  xxi.,  7.— Dionys. 
xi.,  39.)  — 13.  (Plutarch,  Marcell.,  30.  —  Demetr.,  53.)— 14 
(PlinL,  H.  N.,  xxi.,  3.— Ovid,  Trist.,  III.,  ii.,  82.— TibiJL,  IL 
jv#?  48.)— 15.  (Suidas,  s.  v.— Pint.,  Timol.,  26.)— 16.  (Aristot. 
Erotic,  ap.  Athen.,  xv  .  16  >--17.  (III.,  iv„  16.) 


CORONA. 


CORPUS  JURIS  CIVIL13. 


to  snam  drunk,  says,  "  Capiam  coronam  mihi  in 
caput,  assimilabo  me  esse  ebrium."  But,  as  luxury 
increased,  they  were  made  of  various  flowers  or 
shrubs,  such  as  were  supposed  to  prevent  intoxica- 
tion ;  of  roses  (which  were  the  choicest),  violets, 
myrtle,  ivy,  philyra,  and  even  parsley.1  The  Ro- 
mans were  not  allowed  to  wear  these  crowns  in 
public,  "  in  usu  promiscuo,"  which  was  contrary  to 
the  practice  of  the  Greeks,  and  those  who  attempt- 
ed to  do  so  were  punished  with  imprisonment.3 

IV.  Corona  Nuptialis.  The  bridal  wreath,  are- 
■i/oc  ya/iTjAiov,3  was  also  of  Greek  origin,  among 
whom  it  was  made  of  flowers  plucked  by  the  bride 
herself,  and  not  bought,  which  was  of  ill  omen.* 
Among  the  Romans  it  was  made  of  verbena,  also 
gathered  by  the  bride  herself,  and  worn  under  the 
Jlammeum,*  with  which  the  bride  was  always  en- 
veloped.6 The  bridegroom  also  wore  a  chaplet.7 
The  doors  of  his  house  were  likewise  decorated 
with  garlands,8  and  also  the  bridal  couch.9 

V.  Corona  Natalitia,  the  chaplet  suspended 
over  the  door  of  the  vestibule,  in  the  houses  of  both 
Athens  and  Rome,  in  which  a  child  was  born.10  At 
Athens,  when  the  infant  was  male,  the  crown  was 
made  of  olive  ;  when  female,  of  wool  -,11  at  Rome  it 
was  of  laurel,  ivy,  or  parsley.13 

Besides  the  crowns  enumerated,  there  were  a 
few  others  of  specific  denominations,  which  receiv- 
ed their  names  either  from  the  materials  of  which, 
or  the  manner  in  which,  they  were  composed. 
These  were  : 

T.  Corona  Longa,13  which  is  commonly  thought  to 
resemble  what  we  call  a  festoon,  and,  as  such,  seem 
to  have  been  chiefly  used  to  decorate  tombs,  curule 
chairs,  triumphal  cars,  houses,  &c.  But  the  wrord 
must  have  had  a  more  precise  meaning,  and  was 
probably  called  longa  from  its  greater  size,  and 
meant  a  circular  string  of  anything,  like  the  "  rosa- 
ry" used  by  the  lower  orders  in  Catholic  countries 
to  reckon  up  their  prayers,  which  in  Italy  is  still 
called  la  corona,  doubtless  tracing  its  origin  to  the 
corona  longa  of  their  heathen  ancestors,  to  which 
description  it  answers  exactly. 

II.  Corona  Etrusca  was  a  golden  crown,  made 
to  imitate  the  crown  of  oak  leaves,  studded  with 
gems,  and  decorated  with  ribands  (lemnisci)  or  ties 
of  gold.1*  Any  crown  fastened  with  these  ribands, 
whether  real  or  artificially  represented,  was  also 
termed  corona  lemniscata,  a  specimen  of  which  is 
given  by  Caylus.15 

III.  Corona  Pactilis,16  probably  the  same  as  the 
corona  plectilis  of  Plautus,17  corona  torta,1*  plexa,19 
oreduvoi  TrXenToi,™  and  kvIictoc  areepdvoc.*1  It  was 
made  of  flowers,  shrubs,  grass,  ivy,  wool,  or  any 
flexible  material  twisted  together. 

IV.  Corona  Sotilis,  the  crown. used  by  the  Salii 
at  their  festivals.33  It  was  made  in  the  first  in- 
stance of  any  kind  of  flowers  sewed  together,  in- 
stead of  being  wreathed  with  their  leaves  and 
stalks ;  but  subsequently  it  was  confined  to  the  rose 
only,  the  choicest  leaves  of  which  were  selected 


1.  (Mart.,  Epigr  xiii.,  127. — Hor.,  Carm.,  II.,  vii.,  24. — Id., 
Sat.,  II.,  iii.,  256. — Id.,  Carm.,  I.,  xxxviii.,  2. — Juv.,  Sat.,  v.,  36. 
— Virg.,  Eclog.,  vi.,  16.— Ovid,  Fast.,  v.,  335,  337,  341.— Tacit., 
Ann.,  ii.,  57. — Capitolin.,  Verus,  5.) — 2.  (Plin.,  H.  N.,  xxi.,  6. — 
Compare  Hor.,  Sat.,  II.,  iii.,  256. — Val.  Max.,  vi.,  9,  ext.  1.) — 3. 
(Bion,  Idyll.,  i.,  88.) — 4.  (Alex,  ab  Alex.,  ii.,  5.) — 5.  (Festus,  s. 
r.  Corolla.)— 6.  (Catull.,  lxi.,  6,  8.— Cic,  De  Orat.,  iii.,  58.)— 7. 
(Tertull.,  De  Coron.  Mil.,  c.  13.— Claud.,  Nupt.  Honor.  etMar., 
202.— Plaut.,  Cas.,  IV.,  i.,  9.)— 8.  (Catull.,  lxiv.,  294.— Juv., 
Sat.,  vi.,  51,227.)— 9.  (Apollon.  Rhod.,  iv.,  1143.)  — 10.  (Juv., 
Sat.,  ix.,  85.  —  Meursius,  Attic.  Lect.,  iv.,  i0.)  —  11.  (Hesvch., 
i.v.  Urctiavog.)— 12.  (Bartholin.. De  Puerp.,  p.  127.)— 13.  (Cic, 
De  Leg.,  24.— Ovid,  Fast.,  iv.,  738.)— 14.  (Plin.,  H.  N.,  xxi.,  4  ; 
txxiii.,  4.)  —  15.  (Recueil  d'Antiq.,  vol.  v.,  pi.  57,  No.  3.)  —  16. 
(Plin.,  H.  N.,  xxi.,  8.)— 17.  (Bacch.,  I.,  i.,  37.)  — 18.  (Propert., 
ni..  20,  18,  ed.  Kuiuoel.)— 19.  (Aul.  Gell.,  xviii.,  2.)— 20.  (Xen. 
Coloph.,  ap.  Atheu.,  xv.,  22.)  —  21.  (Eubulus,  Comicus,  1.  c.) — 
82.  'Plin.,  H.  N.,  xxi.,  8.) 
R  R 


from  the  whole  flower,  and  sewed  together  by  a 
skilful  hand,  so  as  to  form  an  elegant  chaplet.1 

V.  Corona  Tonsa  or  Tonsilis3  was  made  of 
leaves  only,  of  the  olive  or  laurel  for  instance,3  and 
so  called  in  distinction  to  nexilis  and  others,  in 
which  the  whole  branch  was  inserted. 

VI.  Corona  Radiata*  was  the  one  given  to  the 
gods  and  deified  heroes,  and  assumed  by  some  of 
the  emperors  as  a  token  of  their  divinity.  It  may 
be  seen  on  the  coins  of  Trajan,  Caligula,  M.  Aure 
lius,  Valerius  Probus,  Theodosius,  &c.,  and  is  given 
in  the  woodcut  annexed,  from  a  medal  of  Marc  An- 
tony.5 


VII.  The  crown  of  vine  leaves  (pampinea)  was 
appropriated  to  Bacchus,6  and  considered  a  symbol 
of  ripeness  approaching  to  decay ;  whence  the  Ro- 
man knight,  when  he  saw  Claudius  with  such  a 
crown  upon  his  head,  augured  that  he  would  not 
survive  the  autumn.7 

*CORO'NE  (tcopuvn),  the  Corvus  Corone,  or  Car- 
rion Crow.  (Vid.  Corax.)  The  specific  name  of 
kvulioc  Kop6vn  is  applied  by  Aristotle8  and  by  ^Eli- 
an9 to  a  wrater-bird,  which  was,  no  doubt,  some  spe- 
cies either  of  the  cormorant  or  coot.  It  occurs 
also  in  the  Odyssey  of  Homer10  as  a  sea-bird.11 

*CORO'NOPUS  (Kopuvonovc),  a  plant,  about 
which  there  has  been  some  difference  of  opinion, 
but  which,  in  all  probability,  is  the  same  with  thp 
Buck's-horn  Plantain,  or  Plantago  Coronopus.12 

CORPUS.     (Vid.  Collegium.) 

CORPUS  JURIS  CIVFLIS.  The  three  great 
compilations  of  Justinian,  the  Institutes,  the  Pan- 
dects, and  the  Code,  together  with  the  Novellas 
form  one  body  of  law,  and  were  considered  as  such 
by  the  glossatores,  who  divided  it  into  five  volumi- 
na.  The  Pandects  were  distributed  into  three  vo- 
lumina,  under  the  respective  names  of  Digestum 
Vetus,  Infortiatum,  and  Digestum  Novum.  The 
fourth  volume  contained  the  first  nine  books  of  the 
Codex  Repetitee  Preelectionis.  The  fifth  volume 
contained  the  Institutes,  the  Liber  Authenticorum 
or  Novellae,  and  the  last  three  books  of  the  Codex 
The  division  into  five  volumina  appears  in  the  old- 
est editions ;  but  the  usual  arrangement  now  is,  the 
Institutes,  Pandects,  the  Codex,  and  Novellae.  The 
name  Corpus  Juris  Civilis  was  not  given  to  this 
collection  by  Justinian,  nor  by  any  of  the  glossato- 
res. Savigny  asseTts  that  the  name  was  used  in 
the  twelfth  century :  at  any  rate,  it  became  common 
from  the  date  of  the  edition  of  D.  Gothofredus  of 
1604. 

Most  editions  of  the  Corpus  also  contain  the  fol- 
lowing matter :  Thirteen  edicts  of  Justinian,  five 
constitutions  of  Justin  the  younger,  several  consti- 
tutions of  Tiberius  the  younger,  a  series  of  consti- 


1.  (Plin.,  1.  c.)-2.  (Virg.,  ^En.,  v.,  556.)— 3.  (Serv.  ad  Virsr., 
Georg.,  iii.,  21.)— 4.  (Stat.,  Theb.,  i.,  28.)  — 5.  (Goltz,  Hist 
Oes.,  xlvi.,3.)  — 6.  (Hor.,  Carm.,  III.,  xxv.,  20  ;  IV.,  viii.,  33.) 
— 7.  (Tacit.,  Ann.,  xi.,  4. —  Compare  Artemidor.,  i.,  79.)—  8. 
(Aristot.,  H.  A.,  viii.,  5.)— 9.  (N.  A.,:  /.,  23.)— 10.  (v.,  66.!- 
11.  (Adams,  Append.,  s.  v.)— 12.  (The^phrast.,  II.  P.,  vii.,  8.  - 
Id.,  C.  P.,  ii.,  5.—  Dios^or.,  ii.,  156.— Adams,  Append.,  s.  r  \ 

313 


CORTINA. 


CORVUS 


tutions  oi  Justinian,  Justin,  and  Tiberius  ;  113  No- 
vellas of  Leo,  a  constitution  of  Zeno,  and  a  number 
of  constitutions  of  different  emperors,  under  the 
name  of  BaatXiKai  Ataia^etc,  or  Imperatorias  Con- 
stitutions ;  the  Canones  Sanctorum  et  venerando- 
rum  Apostolorum,  Libri  Feudorum,  a  constitution 
of  the  Emperor  Frederic  II.,  two  of  the  Emperor 
Henry  VII.,  called  Extravagantes,  and  a  Liber  de 
pace  Constantiee.  Some  editions  also  contain  the 
fragments  of  the  Twelve  Tables,  of  the  praetorian 
edict,  &c. 
1  Some  editions  of  the  Corpus  Juris  are  published 
with  the  glossse,  and  some  without.  The  latest  edi- 
tion with  the  glossae  is  that  of  J.  Fehius,  Lugd., 
1627,  six  vols,  folio.  Of  the  editions  without  the 
glossee,  the  most  important  are,  that  of  Russardus, 
Lugd.,  1561,  2  vols,  folio,  which  was  several  times 
reprinted;  Contius,  Lugd.,  1571  and  1581,  15  vols. 
12mo;  Lud.  Charondse,  Antw.,  1575,  folio;  Dionys. 
Gothofredi,  Lugd.,  1583,  4to,  of  which  there  are 
various  editions ;  one  of  the  best  is  that  of  Sim.  Van 
Leuwen,  Amst.,  1663,  folio  ;  G.  Chr.  Gebaueri,  cura 
G.  Aug.  Spangenberg,  Goetting.,  1776-1797,  2  vols. 
4to  ;  Schrader,  of  which  only  the  Institutes  are  yet 
published. 

*CORRU'DA,  the  name  by  which  the  wild  As- 
paragus was  known  among  the  Romans  (aairapayog 
aypiog,  or  Trerpalog).  According  to  Pliny,1  some 
called  it  Libyca;  the  Attics,  horminium.  Another 
Greek  name  was  my  acanthus.  The  name  in  mod- 
ern Greece  is  arrapuyyi  or  cnapayyia.  Sibthorp 
found  it  in  Bithynia  and  the  Peloponnesus.2 

CORTTNA,  in  its  primary  sense,  a  large  circu- 
lar vessel  for  containing  liquids,  and  used  in  dyeing 
wool,3  and  receiving  oil  when  it  first  flows  from  the 
press.* 

II.  Cortina  also  signified  a  vase  in  which  water 
was  carried  round  the  circus  during  the  games,5  as 
some  think,  for  the  refreshment  of  the  spectators  in 
the  cavea,  but  more  probably  to  be  used  in  the 
course,  when  required  either  for  the  horses,  drivers, 
or  attendants  ;  which  interpretation  gains  confirm- 
ation from  the  ancient  bas-reliefs,  in  most  of  which 
men  or  children  are  represented  with  a  water-jug  in 
iheir  hands  attending  the  course,  as  represented  in 
the  woodcut.in  page  253,  in  which  two  of  the  children 
thrown  down  by  the  horses  are  furnished  with  a 
vessel  of  this  kind. 

III.  Cortina  was  also  the  name  of  the  table  or 
hollow  slab,  supported  by  a  tripod,  upon  which  the 
priestess  at  Delphi  sat  to  deliver  her  responses : 
and  hence  the  word  is  used  for  the  oracle  itself.6 
The  Romans  made  tables  of  marble  or  bronze  after 
the  pattern  of  the  Delphian  tripod,  which  they  used 
as  we  do  our  sideboards,  for  the  purpose  of  display- 
ing their  plate  at  an  entertainment,  or  the  valuables 
contained  in  their  temples,  as  is  still  done  in  Cath- 
olic countries  upon  the  altars.  These  were  termed 
cortina  Delphica,  or  Delphica  simply.7 

IV.  From  the  conical  form  of  the  vessel  which 
contains  the  first  notion  cf  the  word,  it  came  also 
to  signify  the  vaulted  part  of  a  theatre  over  the 
stage  {magni  cortina  theatri*),  such  as  is  in  the 
Odeium  of  Pericles,  the  shape  of  which  we  are  ex- 
pressly told  was  made  to  imitate  the  tent  of  Xerx- 
es;9 and  thence  metaphorically  for  anything  which 
bore  the  appearance  of  a  dome,  as  the  vault  of 
heaven  ;10  or  of  a  circle,  as  a  group  of  listeners  sur- 
rounding any  object  of  attraction.11 

1.  (II.  N.,  xv.,  37;  xix.,4;  xx.,  10.)  — 2.  (Billerbeck,  Flora 
Classica,  p.  93,  94.)  — 3.  (Plin.,  H.  N.,  ix.,  62.)— 4.  (Cato,  De 
Re  Rust.,  66.)— 5.  (Plaut.,  Pocn.,  V.,  v.,  2.)— 6.  (Virg.,  ^n., 
vi.,  347.)— 7.  (Plin.,  H.  N.,  xxxiv.,  8.— Schol.  ad  Hor.,  Sat.,  I., 
vi.,  116.— Mart.,  xii.,  66,  7.— Suet.,  Octav.,  52.)— 8.  (Sever,  in 
Mtn.,  294.)— 9.  (Paus.,  i.,  20,  $  3.— Plutarch,  Pericl.,  13.)— 10. 
(Eimius  ap.  Varr.,  De  Ling.  La«,  viii.,  48,  ed.  Miiller.)  — 11. 
(Tacit.,  De  Oiat.,  19.) 

314 


CORYBANTES  (KopMavrec).  The  history  and 
explanation  of  the  deities  bearing  this,  name,  in  the 
early  mythology  of  Greece,  cannot  be  given  in  this 
place,  as  it  would  lead  us  to  enter  into  historical 
and  mythological  questions  beyond  the  limits  of  this 
Dictionary.  The  Corybantes,  of  whom  we  have  to 
speak  here,  were  the  ministers  or  priests  of  Rhea 
or  Cybele,  the  great  mother  of  the  gods,  who  was 
worshipped  in  Phrygia.  In  their  solemn  festivals 
they  displayed  the  most  extravagant  fury  in  their 
dances  in  armour,  as  well  as  in  the  accompanying 
music  of  flutes,  cymbals,  and  drums.1  Hence  kg- 
pvSavTiGfiog  was  the  name  given  to  an  imaginary 
disease,  in  which  persons  felt  as  if  some  great  noiso 
were  rattling  in  their  ears.3 

CORYBANTICA  {KopvBavTina),  a  festival  and 
mysteries  celebrated  at  Cnossus  in  Crete,  in  com- 
memoration of  one  Corybas,3  who,  in  common  with 
the  Curetes,  brought  up  Zeus,  and  concealed  him 
from  his  father  Cronos  in  that  island.  Other  ac- 
counts say  that  the  Corybantes,  nine  in  number, 
independent  of  the  Curetes,  saved  and  educated  Ze- 
us ;  a  third  legend*  states  that  Corybas  was  the  father 
of  the  Cretan  Apollo  who  disputed  the  sovereignty 
of  the  island  with  Zeus.  But  to  which  of  these 
three  traditions  the  festival  of  the  Corybantica  owed 
its  origin  is  uncertain,  although  the  first,  which  was 
current  in  Crete  itself,  seems  to  be  best  entitled  to 
the  honour.  All  we  know  of  the  Corybantica  is, 
that  the  person  to  be  initiated  was  seated  on  a 
throne,  and  that  those  who  initiated  him  formed  a 
circle  and  danced  around  him.  This  part  of  the 
solemnity  was  called  dpovucric  or  ■&poviofj.6c.s 

CORYMBUS  (Kopvfidoc)  was  a  particular  mode 
of  wearing  the  hair  among  the  Greek  women,  which 
is  explained  in  the  article  Coma  (p.  291).  The  fol- 
lowing woodcut,  taken  from  Millingen,6  represents 
a  woman  whose  hair  is  dressed  in  this  manner. 


Corymbium  is  used  in  a  similar  sense  by  PeFt>- 
nius.7 

CORYS  (tcopvc).     (Vid.  Galea.) 

CORVUS,  I.  a  sort  of  crane,  used  by  C.  Duilius 
against  the  Carthaginian  fleet  in  the  battle  fought 
off  Mylae,  in  Sicily  (B.C.  260).  The  Romans,  we 
are  told,  being  unused  to  the  sea,  saw  that  then 

1.  (Strab.,  x.,  3,  p.  367,  ed.  Tauchnitz.)  —  2.  (Plato,  Criton., 
p.  54,  D.,  with  Stallbaum's  note.) — 3.  (Strabo,  i.,  3,  p.  365,  ed 
Tauchn.)— 4.  (Cic,  De  Nat.  Deor.,  iii.,  23.)—  5.  (Plato,  Euthy 
dem.,  p.  277,  D. — Dioa  Chrysost.,  Orat.,  xii.,  p.  .187.  —  Proclus 
Theol  Plat.,vi.,  13.)— 6.  (Pekitures  Antiques,  pkte  40.)— 7.  f« 
110.) 


CORYTOS. 


CC  (SMI. 


only  chance  of  victory  was  by  bringing  a  sea-fight 
to  resemble  one  on  land.  For  this  purpose  they  in- 
vented a  machine,  of  which  Polybius1  has  left  a 
minute,  although  not  very  perspicuous,  description. 
In  the  fore  part  of  the  ship  a  round  pole  was  fixed 
perpendicularly,  twenty-four  feet  in  height  and  about 
nine  inches  in  diameter ;  at  the  top  of  this  was  a 
pivot,  upon  which  a  ladder  was  set,  thirty-six  feel 
in  length  and  four  in  breadth.  The  ladder  was 
guarded  by  crossbeams,  fastened  to  the  upright  pole 
by  a  ring  of  wood,  which  turned  with  the  pivot 
above.  Along  the  ladder  a  rope  was  passed,  one 
end  of  which  took  hold  of  the  corvus  by  means  of  a 
ring.  The  corvus  itself  was  a  strong  piece  of  iron, 
with  a  spike  at  the  end,  which  was  raised  or  low- 
ered by  drawing  in  or  letting  out  the  rope.  When 
an  enemy's  ship  drew  near,  the  machine  was  turned 
outward,  by  means  of  the  pivot,  in  the  direction  of 
the  assailant.  Another  part  of  the  machine,  which 
Polybius  has  not  clearly  described,  is  a  breastwork, 
let  down  (as  it  would  seem)  from  the  ladder,  and 
serving  as  a  bridge,  on  which  to  board  the  enemy's 
vessel. a  By  means  of  these  cranes,  the  Carthaginian 
ships  were  either  broken  or  closely  locked  with  the 
Roman,  and  Duilius  gained  a  complete  victory. 

The  word  corvus  is  also  applied  to  various  kinds 
of  grappling-hooks,  such  as  the  corvus  demolitor, 
mentioned  by  Vitruvius3  for  pulling  down  walls,  or 
the  terrible  engine  spoken  of  by  Tacitus,*  which, 
being  fixed  on  the  walls  of  a  fortified  place,  and 
suddenly  let  down,  carried  off  one  of  the  besieging 
party,  and  then,  by  a  turn  of  the  machine,  put  him 
down  within  the  walls.  The  word  is  used  by  Cel- 
sus  for  a  scalpel.  It  is  hardly  necessary  to  remark 
that  all  these  meanings  have  their  origin  in  the  sup- 
posed resemblance  of  the  various  instruments  to 
the  beak  of  a  raven. 

*CORVUS,  the  Crow.     (Vid.  Corone.) 

*COR'YLUS  (nopvXoc),  the  Hazel-tree,  or  Corylus 
Avellana.     {Vid.  Avellana  Nux.) 

CORY'TOS  or  CORY'TUS  (yupvToc,  Kupvroc),  a 
Bow-case.  This  was  worn  suspended  by  a  belt 
'vid.  Balteus)  over  the  right  shoulder,8  and  it  fre- 
quently held  the  arrows  as  well  as  the  bow  (sagitti- 
fcri  corytib).  On  this  account,  it  is  often  confound- 
ed with  the  Pharetra  or  quiver. 

It  is  generally  carried  by  the  armed  Persians, 
who  are  represented  on  the  Persepolitan  bas-reliefs ; 
and  in  this,  as  in  many  other  respects,  we  observe 
the  agreement  between  them  and  the  European  na- 
tions situated  to  the  north  of  the  Euxine  Sea  : 


1  (i.,  22.)— 2.  (Compare  Curtius,  iv.,  2,  4.)  — 3.  (x.,  19.)— 4. 
(Hist.,  iv.,  30.)—  5.  (Virg.,  .En.,  x.,  168.— Serv.,  adloc.)— 6.  fSii. 
[tal.,  xv.,  776.' 


'  In  quibus  est  nemo,  qui  non  eery  I  on  el  arcum 
Telaque  vipereo  lurida  felle  gerat."1 

Though  its  use  was  comparatively  rare  among 
the  Greeks  and  Romans,  we  find  it  exhibited  in  a 
bas-relief  in  the  Museo  Pio  Clementino,2  which 
adorned  the  front  of  a  temple  of  Hercules  near  Ti- 
bur.  (Vid.  Arcus.)  This  bow-case  seems  to  be 
of  leather.     See  the  preceding  woodcut. 

COSME'T^E,  a  class  of  slaves  among  the  Ro- 
mans, whose  duty  it  was  to  dress  and  adorn  ladies.3 
Some  writers  on  antiquities,  and  among  them  Bot- 
tiger  in  his  Sabina,*  have  supposed  that  the  cosme- 
tae  were  female  slaves,  but  the  passage  of  Juvenal 
is  alone  sufficient  to  refute  this  opinion  ;  for  it  was 
not  customary  for  female  slaves  to  take  off  their 
tunics  when  a  punishment  was  to  be  inflicted  upon 
them.  There  was,  indeed,  a  class  of  female  slaves 
who  were  employed  for  the  same  purposes  as  the 
cosmetae  ;  but  they  were  called  cosmctriae,  a  name 
which  Naevius  chose  as  the  title  for  one  of  his  com- 
edies.5 

COSMI  (koo(j.ol).  The  social  and  political  insti- 
tutions of  Crete  were  so  completely  Dorian  in  char- 
acter, and  so  similar  to  the  Spartan,  that  it  was  a 
disputed  point  among  the  ancients  whether  the 
Spartan  constitution  had  its  origin  there,  or  the 
Cretan  was  transferred  from  Laconia  to  Crete. 
The  historian  Ephorus6  expressly  states  that  the 
Spartan  institutions  had  their  origin  in  Crete,  but 
were  perfected  and  completed  in  Sparta  ;  so  that 
there  is  good  reason  for  the  assertion  of  Midler.1 
"  that  the  constitution  founded  on  the  principles  of 
the  Doric  race  was  there  first  moulded  into  a  °on  • 
sistent  shape,  but  even  in  a  more  simple  and  ant.- 
quated  form  than  in  Sparta  at  a  subsequent  period."' 
Thus  much,  at  any  rate,  we  know  for  certain,  that 
there  were  various  Dorian  cities  in  the  island,  the 
political  arrangements  of  which  so  closely  resem- 
bled each  other,  that  one  form  of  government  was 
ascribed  to  all.8  In  the  earliest  ages  of  which  we 
have  historical  information,  this  was  an  aristocracy 
consisting  of  three  component  bodies,  the  cosmi,  the 
gerusia,  and  the  ecclesia.  The  cosmi  were  ten  in 
number,  and  are  by  Aristotle,  Ephorus,  and  Cicevo9 
compared  to  the  ephors  at  Sparta.  Muller,  how- 
ever,10 compares  them  with  the  Spartan  kings,  and 
supposes  them  to  have  succeeded  to  the  functions 
of  the  kingly  office  ;  which  Aristotle  (probably  allu- 
ding to  the  age  of  Minos)  tells  us  was  at  one  time 
established  in  Crete.  These  cosmi  were  ten  in 
number,  and  chosen,  not  from  the  body  of  the  peo- 
ple, but  from  certain  yhrj  or  houses,  which  were 
probably  of  more  pure  Doric  or  Achaian  descent 
than  their  neighbours.  The  first  of  them  in  rank 
was  called  protocosmus,  and  gave  his  name  to  the 
year.  They  commanded  in  war,  and  also  conduct- 
ed the  business  of  the  state  with  the  representa- 
tives and  ambassadors  of  other  cities.  With  re- 
spect to  the  domestic  government  of  the  state,  they 
appear  to  have  exercised  a  joint  authority  wiih  the 
members  of  the  yepovaia,  as  they  are  said  to  have 
consulted  with  them  on  the  most  important  me- 
ters.11 In  the  times  subsequent  to  the  age  of  Alex- 
ander, they  also  performed  certain  duties  which 
bore  a  resemblance  to  the  introduction  of  the  law- 
suits into  court  by  the  Athenian  magistrates.33 
Their  period  of  office  was  a  year  ;  but  any  of  them 
during  that  time  might  resign,  and  was  also  liable 
to  deposition  by  his  colleagues.  In  some  cases,  too, 
they  might  be  indicted  for  neglect  of  their  duties 

1.  (Ovid,  Trist.,  V-,  vii..  15.)  — 2.  (Tom.  iv.,  tav.  43.)— 3. 
(Juv.,  Sat.,  vi.,  476.)— 4.  (i.,  22.)— 5.  (See  Varro,  De  Ling. 
Lat.,  vi.,  3,  p.  92,  ed.  Bip.,  where  cosmetria  is  to  be  read  instead 
of  cosmotria,  and  Heindorf  ad  Horat.,  Sat.,  I.,  ii.,  98.) — 6.  (ap. 
Strab.,  x.,  4.)— 7.  (Dorians,  iii.,  1,  t>  8.)— 8.  (Thirlwall,  Hist. 
Greece,  i.,  284.)— 9.  (De  Rep.,  ii.,  33  )-10.  (iii.,  8,  $  ].)— 11 
(Ephor.  ap.  Strab.,  x.,  4.)— 12.  (Muller,  I.e.) 

3}* 


COSMI. 


COTHURNUS 


On  the  whole,  we  may  conclude  that  they  formed 
the  executive  and  chief  power  in  most  of  the  cities 
of  Crete. 

The  yepovaia,  or  council  of  elders,  called  by  the 
Cretans  fiovkn,  consisted,  according  to  Aristotle,1 
of  thirty  members  who  had  formerly  been  cosmi, 
and  were  in  other  respects  approved  of  (ra  uXkh 
doKLjioi  KpLvojievoL*).  They  retained  their  office  for 
life,  and  are  said  to  have  decided  in  all  matters  that 
came  before  them  according  to  their  own  judgment, 
and  not  agreeably  to  any  fixed  code  of  laws.  They 
are  also  said  to  have  been  irresponsible,  which,  how- 
ever, hardly  implies  that  they  were  independent  of 
the  "  unwritten  law"  of  custom  and  usage,  or  unin- 
fluenced by  any  fixed  principles.3  On  important 
occasions,  as  we  have  before  remarked,  they  were 
t-vfiSovloi,  or  councillors  of  the  cosmi. 

The  democratic  element  of  the  ecclesia  was  al- 
most powerless  in  the  constitution ;  its  privileges, 
too,  seem  to  have  been  merely  a  matter  of  form  ; 
for,  as  Aristotle  observes,  it  exercised  no  function 
of  government  except  ratifying  the  decrees  of  the 
yepovreg  and  the  noa/toi.  It  is,  indeed,  not  improb- 
able that  it  was  only  summoned  to  give  its  sanction 
to  these  decrees ;  and.  though  this  may  appear  to 
imply  the  power  of  withholding  assent,  still  the 
force  of  habit  and  custom  would  prevent  such  an 
alternative  being  attempted,  or,  perhaps,  even 
thought  of* 

From  these  observations,  it  is  clear  that  the  Cre- 
tan constitution  was  formerly  a  Dorian  aristocracy, 
which,  in  the  age  of  Aristotle,  had  degenerated  to 
what  he  calls  a  Swaareta,  i.  e.,  a  government  vest- 
ed in  a  few  privileged  families.  These  quarrelled 
one  among  the  other,  and  raised  factions  or  parties, 
in  which  the  demus  joined,  so  that  the  constitution 
was  frequently  broken  up,  and  a  temporary  mon- 
archy, or,  rather,  anarchy,  established  on  its  ruins. 
The  cosmi  were,  in  fact,  often  deposed  by  the  most 
powerful  citizens,  when  the  latter  wished  to  impede 
the  course  of  justice  against  themselves  (//^  dovvai 
dUag),  and  an  unoofiia  then  ensued,  without  any 
legal  magistrates  at  the  head  of  the  state. 

In  the  time  of  Polybius,  the  power  of  the  aristoc- 
racy had  been  completely  overthrown  ;  for  he  tells 
us  that  the  election  of  the  magistrates  was  annual, 
and  determined  by  democratical  principles.5  In 
other  respects,  also,  he  points  out  a  difference  be- 
tween the  institutions  of  Crete  and  those  of  Lycur- 
gus  at  Sparta,  to  which  they  had  been  compared  by 
other  writers. 

Muller  observes  that  the  cosmi  were,  so  far  as 
we  know,  the  chief  magistrates  in  all  the  cities  of 
Crete,  and  that  the  constitution  of  these  cities  was 
in  all  essential  points  the  same  ;  a  proof  that  their 
political  institutions  were  determined  by  the  princi- 
ples of  the  governing,  i.  e.,  the  Doric,  race. 

We  will  now  briefly  explain  some  of  the  social 
relations  of  the  Cretans,  which  were  almost  identi- 
cal with  those  of  the  Spartans. 

The  inhabitants  of  the  Dorian  part  of  the  island 
were  divided  into  three  classes,  the  freemen,  the 
perioeci  or  vtttikooi,  and  the  slaves.  The  second 
class  was  as  old  as  the  time  of  Minos,  and  was  un- 
doubtedly composed  of  the  descendants  of  the  con- 
quered population  ;  they  lived  in  the  rural  districts, 
round  the  iroXeig  of  the  conquerors ;  and,  though 
personally  free,  yet  exercised  none  of  the  privileges 
or  influence  of  citizens,  either  in  the  administration 
and  enactment  of  the  laws,  or  the  use  of  heavy 
arms.  They  occupied  certain  lands,  for  which  they 
paid  a  yearly  tribute  or  rent,  supposed,  from  a  state- 
ment in  Athenaeus,6  to  have  been  an  ^Eginetic  stat- 

1.  (Polit,  ii.,  7.)— 2.  (Ephor.  ap.  Strab.,  1.  c.)  —  3.  (Thirl- 
wall,  Hist.  Greece,  i.,  186.)— 4.  (Thirtovall,  1.  c— Goettling,  Ex- 
curs,  ad  Aristot.,  ii.,  7.)— 5.  (Polyb.,  vi.,  44.)— 6.  (iv  ,  143.) 
'^10 


er.  The  expression  of  Dosiadas,  fr  Dm  whom  Athe- 
naeus quotes,  namely,  t&v  dovTiuv  k<aarog,  probably 
refers  to  the  perioeci,  dovXoi  being  used  as  a  generic 
term  for  those  who  were  not  full  and  free  citizens. 

The  slaves  were  divided  into  two  classes,  the 
public  bondsmen  (jj  kolvtj  dovleia),  and  the  slaves 
of  individuals.  The  former  were  called  the  uvtia, 
[ivoia,  /ivuta,  or  Mivuia  cvvodog :  the  latter,  d^a/ztw- 
rai  or  K?iapcJTcu.  The  atyafiiurai  were  so  named 
from  the  cultivation  of  the  lots  of  land,  or  a<j>afiicu, 
assigned  to  private  citizens,  and  were  therefore  ag- 
ricultural bondsmen  {pi  aaf  aypov1).  The  (ivoia  was 
distinguished,  by  more  precise  writers,  both  from 
the  perioeci  and  the  aphamiotae  :  so  that  it  has  been 
concluded  that  every  state  in  Crete  possessed  a 
public  domain,  cultivated  by  the  mnotae,  just  as  the 
private  allotments  were  by  the  bondsmen  of  the  in- 
dividual proprietors.  We  would  here  observe,  with 
Mr.  Thirlwall,  that  the  word  fivoia  is  more  probably 
connected  with  d/uug  than  Minos. 

The  origin  of  the  class  called  \ivoia,  and  the  n?*a- 
p&rai,  was  probably  twofold ;  for  the  analogy  of 
other  cases  would  lead  us  to  suppose  that  they  con- 
sisted partly  of  the  slaves  of  the  conquered  freemen 
of  the  country,  and  partly  of  such  freemen  as  rose 
against  the  conquerors,  and  were  by  them  reduced 
to  bondage.  But,  besides  these,  there  was  also  a 
class  of  household  servants  employed  in  menial  la- 
bours, and  called  xPva^vVroi  '■  they  were,  as  their 
name  denotes,  purchased,  and  imported  from  foreign 
countries. 

*COSS'YPHUS  or  COPS1CHUS  (Kooev<j>og,  ko> 
ixog),  the  Blackbird  or  Merle,  the  Turdus  Merula, 
L.  It  is  the  same  with  the  Merula  vulgaris  of  the 
later  authorities  on  Natural  History.  Aristotle  also 
makes  mention  of  a  white  species  found  among  the 
mountains  of  Arcadia. 

*COSTUM  (/cocrrof),  an  aromatic  shrub,  which 
yielded  a  fragrant  ointment,  commonly  supposed  to 
be  Spikenard.  Woodville  says  of  it:  "Some  have 
thought  the  Zedoary  to  be  the  noorog  of  Dioscori- 
des,3  the  Guiduar  of  Avicenna,  and  the  Zerumbet 
of  Serapion."  After  comparing  the  descriptions  of 
Dioscorides  and  Serapion,  Adams  is  satisfied  that 
the  Zerumbet  of  Serapion  is  the  Zedoary,  but  that  it 
is  not  the  noorog  of  the  Greeks  ;  for  both  Serapion 
and  Rhases,  according  to  him,  treat  separately  of 
the  Koarog  by  name  in  another  place.  "  Geoffrey," 
remarks  Adams,  "confesses  his  ignorance  of  it. 
Sprengel  and  Stackhouse  name  it  the  Costus  Ara- 
bicus  (a  plant,  by-the-way,  so  rare,  that  Linnasus 
had  never  seen  it).  Dr.  Hill,  however,  was  of  a 
different  opinion  regarding  it :  he  says, '  Our  Costus 
Arabicus  does  not  seem  to  be  the  same  with  either 
of  the  kinds  mentioned  by  the  Greeks  and  Arabians.' 
Upon  the  whole,  there  is  not  an  article  in  the  Ma- 
teria Medica  of  the  ancients  about  which  there  is 
greater  uncertainty.  We  shall  only  add  regarding 
it,  that  although,  as  we  have  already  stated,  Zedo- 
ary be  not  the  same  substance  as  the  ancient  Cos- 
tus, it  would  appear  that  the  one  was  sometimes 
used  as  a  substitute  for  the  other  in  the  composi- 
tion of  the  Mithradate."3 

COTHU'RNUS  (nodopvoc),  a  Boot.  This  was  a 
particular  kind  of  covering  for  the  foot,  included 
under  the  general  term  Calceus  ;  whence  Pliny 
says,4  calceatus  cotkurnis,  i.  e.,  wearing  boots.  Its 
essential  distinction  was  its  height;  it  lose  above 
the  middle  of  the  leg,  so  as  to  surround  the  calf 
(alte  suras  vincire  cothurno6),  and  sometimes  it  reach- 
ed as  high  as  the  knees.6  It  w-as  worn  principally 
by  horsemen,  by  hunters,  and  by  men  of  rank  and 
authority.    The  ancient  marbles,  representing  these 

1.  (Sosicr.  ap.  Athen.,  vi.,  263.)— 2.  (i.,  15.)— 3.  (Adams,  Ap- 
pend., s.  v.)— 4.  (H.  N.,  vii.,  20.)— 5.  (Virg.,  M\i.,  i.,  337  )— 6 
(Millin,  Vases  Ant.,  vol  i.,  pi.  19  and  72.) 


COTINOS. 


COTTABUS. 


different  characters,  show  that  the  cothurnus  was 
often  ornamented  in  a  very  tasteful  and  elaborate 
manner.  The  boots  of  the  ancients  were  laced  in 
front,  and  it  was  the  object  in  so  doing  to  make 
them  fit  the  leg  as  closely  as  possible.  The  paws 
and  head  of  the  wild  animal  out  of  whose  hide  they 
were  made,  sometimes  turned  down  like  flaps  on 
the  side  of  the  wearer's  leg.  The  skin  or  leather 
was  dyed  purple  (purpureo  cothurno1),  or  of  other 
splendid  colours.  The  patricians  of  Rome  wore  a 
small  ivory  crescent  {lima)  attached  to  their  boots. 

It  is  evident,  from  the  various  representations  of 
the  cothurnus  in  ancient  statues,  that  its  sole  was 
commonly  of  the  ordinary  thickness.  But  it  was 
sometimes  made  much  thicker  than  usual,  probably 
by  the  insertion  of  slices  of  cork."  The  object  was 
to  add  to  the  apparent  stature  of  the  wearer  ;  and 
this  was  done  either  in  the  case  of  women  who 
were  not  so  tall  as  they  wished  to  appear,3  or  of 
the  actors  in  Athenian  tragedy,  who  assumed  the 
cothurnus  as  a  grand  and  dignified  species  of  cal- 
ceamentum,  and  had  the  soles  made  unusually 
thick,  as  one  of  the  methods  adopted  in  order  to 
magnify  their  whole  appearance.4  Hence  tragedy 
in  general  was  called  cothurnus* 

As  the  cothurnus  was  commonly  worn  in  hunt- 
ing, it  is  represented  both  by  poets  and  statuaries 
as°a  part  of  the  costume  of  Diana.6  It  was  also 
attributed  to  Bacchus7  and  to  Mercury.8  The  ac- 
companying woodcut  shows  two  cothurni  from  stat- 
ues in  the  Museo  Pio-Clementino.9  That  on  the 
left  hand  is  from  a  statue  of  Diana  Succincta,  i.  e., 
with  the  chlamys  girt  round  her  breast,  and  attired 
for  the  chase  (vid.  Chlamys),  and  that  on  the  right 
is  from  a  statue  of  the  goddess  Roma,  agreeing 
with  th3  description  of  her  in  Sidonius  Apollinaris.10 


♦COT'INOS  (kotivoc),  the  wild  Olive,  or  Olea  syl- 
vestris,  L.,  called  also  'EXata  uypia,  aypuXaia,  aypie- 
Tiaioc,  and  Oleaster.  The  name  given  to  it  by  the 
modern  Greeks  is  uypoeXia,  and  by  the  Turks  Jaban 
Zcitan  Agagi.  It  is  a  wild  sort  of  olive-tree,  dif- 
fering in  some  respects  from  the  domesticated  olive, 
as  crabs  do  from  apples.  It  is  smaller  besides,  has 
prickly  bra-aches,  a  short,  hard  leaf,  and  small,  bitter 
fruit.  According  to  Theophrastus,  it  was  but  little 
improved  by  pruning  and  transplanting.  The  crown 
given  at  the  Olympic  Games  was  made  of  it,  prob- 
ably on  account  of  its  being  more  enduring  than  the 
domesticated  kind.  The  legend,  however,  was,  that 
Hercules  brought  this  tree  into  Greece  from  the 
banks  of  the  Ister.     The  <pvXta  of  Homer  is  a  vari- 

I.  (Virg.,  I.e.— Id.,  Eclog.,  vii.,  32;  viii.,  10.)— 2.  (Serv.  in 
Virg.,  Eclog.,  11.  cc.)— 3.  (Juv.,  Sat.,  vi.,  507.)— 4.  (Virg.,  Ec- 
log., viii.,  10.— Hor.,  Sat.,  I.,  v.,  64.— Ep.  ad  Pis.,  280.)— 5.  (Juv., 
Sat.,  vi.,  623;  xv.,  29.) — 6.  (Liv.  Andronicus,  ap.  Ter.  Maur. — 
Nemesianus,  Cyneg.,  90.) — 7.  (Veil.  Paterc,  ii.,  82.) — 8.  (Hamil- 
ton's Vases,  vol.  iii.,  pi.  8.) — 9.  (vol.  ii.,  pi.  15  ;  vd  iii.,  pi.  38.) 
—10.  (Carm.,  ii.,  400.) 


ety  of  hie  kotlvoc.  "  That  plant,"  observes  Martyn, 
"  which  is  cultivated  in  our  gardens  under  the  name 
of  Oleaster,  is  not  an  olive.  Tournefort  refers  it  to 
his  genus  of  Elaagnus.  It  grows  in  Syria,  Ethio- 
pia, and  on  Mount  Lebanon.  Crusius  observed  it 
in  great  plenty,  also,  near  Guadix,  a  city  in  the 
kingdom  of  Granada,  as  also  in  the  south  of  France 
and  in  Germany.  It  is  thought  to  be  the  Cappado- 
cian  Jujubes,  which  are  mentioned  by  Pliny  among 
the  coronary  flowers  :  '  Zizipha,  qua  ct  Cappadocia 
vocantur:  his  odoratus  similis  olearum  floribus .'  The 
flowers  of  the  Elceagnus  are  much  like  those  of  the 
Olive,  but  the  ovary  of  the  Elaeagnus  is  placed  below 
the  petal,  whereas  that  of  the  Olive  is  contained 
within  the  petal.  They  are  very  sweet,  and  may 
be  smelt  at  a  distance."1 

*COTO'NEUM  MALUM,  another  name  for  the 
Cydonium  malum,  or  Quince.  (Vid.  Cydonium 
Malum.) 

CO'TTABUS  (i<OTTa6oc,  Ionic  noacaloc  or  orra- 
6oc),  a  social  game,  which  was  introduced  from  Sici- 
ly into  Greece,8  where  it  became  one  of  the  favour- 
ite amusements  of  young  people  after  their  repasts. 
The  simplest  way  in  which  it  originally  was  played 
was  this  :  One  of  the  company  threw  out  of  a  gob- 
let a  certain  quantity  of  pure  wine,  at  a  certain  dis- 
tance, into  a  metal  basin,  endeavouring  to  perform 
this  exploit  in  such  a  manner  as  not  to  spill  any  of 
the  wine.  While  he  was  doing  this,  he  either 
thought  of  or  pronounced  the  name  of  his  mistress,3 
and  from  the  more  or  less  full  and  pure  sound  with 
which  the  wine  struck  against  the  metal  basin,  the 
lover  drew  his  conclusions  respecting  the  attachment 
of  the  object  of  his  love.  The  sound,  as  well  as  the 
wine  by  which  it  was  produced,  were  called  Tiara!;  or 
Korradog  :  the  metal  basin  had  various  names,  either 
kottuBlov,  or  Korratelov,  or  "karayelov,  or  ^dA/cetov, 
or  Xekuvij,  or  GKuQn.4,  The  action  of  throwing  the 
wine,  and  sometimes  the  goblet  itself,  was  called 
aynvlr],  because  the  persons  engaged  in  the  game 
turned  round  the  right  hand  with  great  dexterity, 
on  which  they  prided  themselves.  Hence  yEschy- 
lus  spoke  of  KorraSoi  uyKvXnToL6  Thus  the  cotta- 
bus,  in  its  simplest  form,  was  nothing  but  one  of  the 
many  methods  by  which  lovers  tried  to  discover 
whether  their  love  was  returned  or  not.  But  this 
simple  amusement  soon  assumed  a  variety  of  differ- 
ent characters,  and  became,  in  some  instances,  a 
regular  contest,  with  prizes  for  the  victor.  One  of 
the  most  celebrated  modes  in  which  it  was  carried 
on  is  described  by  Athenaeus,'  and  in  the  Etymo- 
logicon  Magnum,  and  was  called  6C  6^v6u<puv.  A 
basin  was  filled  with  water,  with  small  empty  bowls 
swimming  upon  it.  Into  these  the  young  men,  one 
after  another,  threw  the  remnant  of  the  wine  from 
their  goblets,  and  he  who  had  the  good  fortune  to 
drown  most  of  the  bowls  obtained  the  prize  (kotto.- 
6iov),  consisting  either  of  simple  cakes,  sweetmeats, 
or  sesame-cakes. 

A  third  and  more  complicated  form  of  the  cotta- 
bus  is  thus  described  by  Suidas  :7  A  long  piece  of 
wood  being  erected  on  the  ground,  another  was 
placed  upon  it  in  a  horizontal  direction,  with  two 
dishes  hanging  down  from  each  end ;  underneath 
each  dish  a  vessel  full  of  water  was  placed,  in  each 
of  which  stood  a  gilt  brazen  statue,  called  (tuvyc,. 
Every  one  who  took  part  in  the  game  stood  at  a 
distance,  holding  a  cup  full  of  wine,  which  he  en- 
deavoured to  throw  into  one  of  the  dishes,  in  order 
that,  struck  down  by  the  weight,  it  might  knock 
against  the  head  of  the  statue  which  was  concealed 
under  the  water.     He  who  spilled  least  of  the  wine 

1.  (Billerbeck,  Flora  Classica,  p.  5. — Martyn  ad  Virg  ,  George 
ii.,  182.— Theophrast.,  H.  P.,  ii.,  3.)— 2.  (Athen.,  xv.,  p.  6fi6.) 
—3.  (Etymol.  Mag.,  s.  v.  Korra&JJw.)— 4.  (Pollux,  vi.,  109.— 
Etymol.  Mag.,  1.  c. — Athen.,  xv..  p.  667,  sub  fin.) — 5.  (Athen., 
xv.,  p.  667.) — 6    (1.  c.) — 7.  (s.  v.  KorraBt^u.) 

31? 


COTYTTIA. 


CRATAEGUS 


gained  the  victor},  and  thereby  knew  that  he  was 
loved  by  his  inistisss.1 

A  fourth  kind  of  cottabus,  which  was  called  kot- 
ra6oc  Karate  rbc  (dirb  tov  Kardyeiv  rov  Korratov),  is 
described  by  Pollux,2  the  scholiast  on  Aristoph- 
anes,3 and  Athenaeus.*  The  so-called  fxdvng  was 
placed  upon  a  pillar  similar  to  a  candelabrum,  and 
the  dish  hanging  over  it  must,  by  means  of  wine 
projected  from  the  goblet,  be  thrown  upon  it,  and 
thence  fall  into  a  basin  rilled  with  water,  which, 
from  this  fall,  gave  forth  a  sound ;  and  he  who  pro- 
duced the  strongest  was  the  victor,  and  received 
prizes,  consisting  of  eggs,  cakes,  and  sweetmeats. 

This  brief  description  of  four  various  forms  of 
the  cottabus  may  be  sufficient  to  show  the  general 
character  of  this  game  ;  and  it  is  only  necessary  to 
add,  that  the  chief  object  to  be  accomplished,  in  all 
the  various  modifications  of  the  cottabus,  was  to 
throw  the  wine  out  of  the  goblet  in  such  a  manner 
that  it  should  remain  together  and  nothing  be  spill- 
ed, and  that  it  should  produce  the  purest  and  stron- 
gest possible  sound  in  the  place  where  it  was 
thrown.  In  Sicily,  the  popularity  of  this  game  was 
so  great,  that  houses  were  built  for  the  especial 
purpose  of  playing  the  cottabus  in  them.  Those 
readers  who  wish  to  become  fully  acquainted  with 
all  the  various  forms  of  this  game,  may  consult 
Athenaeus,5  the  Greek  lexicographers,  and,  above 
all,  Groddeck,6  who  has  collected  and  described  nine 
different  forms  in  which  it  was  played.7  Becker  is 
of  opinion  that  all  of  them  were  but  modifications 
of  two  principal  forms.8 

♦COTTUS  (kottoc),  a  species  of  Fish,  supposed 
to  be  the  Zeus  Faber,  L.,  or  the  Doree.  The  name 
in  the  common  editions  of  Aristotle  occurs  at  H. 
A.,  iv.,  8,  where,  however,  Schneider  reads  fioirog, 
and  refers  it  to  the  river  Gudgeon.9 

♦COTT'YPHUS  (kottvQos ),  a  species  of  Fish,  the 
same  with  the  Labrus  merula,  called  in  French  the 
Merle.10 

*COTURNIX.     (Vid.  Perdix.) 

COTY'TTIA  or  COTTYTES  (kotvttki,  k'ot- 
ivrec),  a  festival  which  was  originally  celebrated  by 
the  Edonians  of  Thrace,  in  honour  of  a  goddess 
called  Cotys  or  Cotytto.11  It  was  held  at  night,  and, 
according  to  Strabo,  resembled  the  festivals  of  the 
Cabiri  and  the  Phrygian  Cybele.  But  the  worship 
of  Cotys,  together  with  the  festival  of  the  Cotyttia, 
were  adopted  by  several  Greek  states,  chiefly  those 
which  were  induced  by  their  commercial  interest 
to  maintain  friendly  relations  with  Thrace.  Among 
these  Corinth  is  expressly  mentioned  by  Suidas, 
and  Strabo12  seems  to  suggest  that  the  worship  of 
Cotys  was  adopted  by  the  Athenians,  who,  as  he 
observes,  were  as  hospitable  to  foreign  gods  as  they 
were  to  foreigners  in  general.13  The  priests  of  the 
goddess  were  formerly  supposed  to  have  borne  the 
name  of  baptee  ;  but  Buttmann  has  shown  that  this 
opinion  is  utterly  groundless.  Her  festivals  were 
notorious  among  the  ancients  for  the  dissolute  man- 
ner and  the  debatlcheries  with  which  they  were 
celebrated.1*  Another  festival  of  the  same  name 
was  celebrated  in  Sicily,15  where  boughs  hung  with 
cake  and  fruit  were  carried  about,  which  any  person 
had  a  right  to  pluck  off  if  he  chose ;  but  we  have 
no  mention  that  this  festival  was  polluted  with  any 

1.  ^Vid.  Schol,  ad  Lucian.,  Lexiph.,  3,  torn,  ii.,  p.  325.) — 2. 
(vi.,  109.)— 3.  (Pax,  1172.)— 4.  (xv.,  p.  667.)— 5.  (xv.,  p.  666, 
<fcc.) — 6.  (Ueber  den  Kottabos  der  Griechen,  in  bis  Antiquarische 
Versuche,  I.,  Sammlung,  1800,  p.  163-238.) —7.  (Charikles, 
i.,  p.  476,  &c.) — 8.  (Compare  also  Fr.  Jacobs,  Ueber  den  Kotta- 
bos, in  Wieland's  Attisches  Museum,  III.,  i.,  p.  475-496.) — 9. 
(Plin.,  H.  N.,  xxxii.,  11. — Adams,  Append.,  s.v.) — 10.  (Aristot., 
IT.  A  ,  viii.,  15.— iElian,  N.  A.,  i.,  19.)— 11.  (Strab.,  x.,  3,  p.  362, 
ed.  Tauchnitz. — Eupolis,  ap.  Hesych.,  s.  v. — Suidas.) — 12.  (I.e., 
p.  364.)— 13.  (Compare  Persius,  Sat.,  ii.,  92.)— 14.  (Suidas,  s.  v. 
KoTvg.— Horat.,  Epod.,  xvii.,  56. — Tlieocrit.,  vi.,  40.)— 15.  (Plut., 
proverb.) 

318 


of  the  licentious  practices  which  disgi  aced  those  of 
Thrace  and  Greece,  unless  we  refer  the  allusion 
made  by  Theocritus  to  the  Cotyttia,  to  the  Sicilian 
festival.1 

CO'TYLA  (kotvXj))  was  a  measure  of  capacity 
among  the  Romans  and  Greeks :  by  the  former  it 
was  also  called  hemina ;  by  the  latter,  rpvtMov  and 
rjfiiva  or  7/fj.t/j.va.  It  was  the  half  of  the  sextarius  or 
ijeuTTjc,  and  contained  6  cyathi,  ==  (on  Mi.  Hussey'? 
computation)  -4955  of  a  pint  English. 

This  measure  was  used  by  physicians  with  a 
graduated  scale  marked  on  it,  like  our  own  chemi- 
cal measures,  for  measuring  out  given  weights  of 
fluids,  especially  oil.  A  vessel  of  horn,  of  a  cubic 
or  cylindrical  shape,  of  the  capacity  of  a  cotyla,  was 
divided  into  twelve  equal  parts  by  lines  cut  on 
its  side.  The  whole  vessel  was  called  litra,  and 
each  of  the  parts  an  ounce  (uncia).  This  measure 
held  nine  ounces  (by  weight)  of  oil,  so  that  the  ratio 
of  the  weight  of  the  oil  to  the  number  of  ounces  it 
occupied  in  the  measure  would  be  9  :  12  or  3  :  4.3 

*COTYLE'DON  (KorvlndQv),  a  plant,  called  in 
English  Navelwort.  The  two  species  described  by 
Dioscorides3  may  be  confidently  referred,  according 
to  Adams,  to  the  Cotyledon  umbilicus  and  C.  serrata. 

♦KOYKIOS'OPON  AENAPON  (Kov/aofopov  6ev- 
dpov),  a  sort  of  Palm-tree.  Stackhouse  suggests 
that  it  may  have  been  the  Talma  Thebaica,  called 
"  Doom-tree"  in  Bruce's  Travels.* 

COVI'NTJS  (Celtic  kowain),  a  kind  of  car,  the 
spokes  of  which  were  armed  with  long  sickles,  and 
which  was  used  as  a  scythe-chariot  chiefly  by  the 
ancient  Belgians  and  Britons.5  The  Romans  des- 
ignated by  the  name  of  covinus  a  kind  of  travelling 
carriage,  which  seems  to  have  been  covered  on  all 
sides  with  the  exception  of  the  front.  It  had  no 
seat  for  a  driver,  but  was  conducted  by  the  traveller 
himself,  who  sat  inside.6  There  must  have  been  a 
great  similarity  between  the  Belgian  scythe-chariot 
and  the  Roman  travelling  carriage,  as  the  name  of 
the  one  was  transferred  to  the  other,  and  we  may 
justly  conclude  that  the  Belgian  car  was  likewise 
covered  on  all  sides  except  the  front,  and  that  it 
was  occupied  by  one  man,  the  covinarius  only,  who 
was,  by  the  structure  of  his  car,  sufficiently  pro- 
tected. The  covinarii  (this  word  occurs  only  in 
Tacitus)  seem  to  have  constituted  a  regular  and 
distinct  part  of  a  British  army.7 

COUREUS  (icovpeve).     (Vid.  Barba.) 

*CRAMBE.     (Vid.  Brassica.) 

♦CRANGON  (upayyov),  formerly  held  to  be  a 
species  of  Squilla.  "  The  term  is  now  used  in  a 
generic  sense  by  late  naturalists,"  observes  Adams  : 
"  thus  the  common  shrimp  is  named  the  Crangon 
vulgaris.  It  is  worthy  of  remark,  however,  that 
Cuvier  and  Schneidor  contend  that  the  Kpayyuv  of 
the  Greeks  corresponds  to  the  Cancer  digitalis."* 

*CRANIA  or  CRANETA  (Kpdvia,  icpdveia). 
"  All  agree,"  remarks  Adams,  "  that  the  icpdveia 
uppnv  is  the  Cornus  mascula,  L.,  called  in  English 
the  Cornelian  Cherry,  or  Male  Cornel-tree."  For 
the  other,  see  Thelycraneia  (d-nXvupdveLa).9 

CRANOS.     (Vid.  Galea.) 

♦CRATAEGUS  (Kparatyoc). .  Sprengel  refers  the 
tree  described  by  Theophrastus  under  this  name  to 
the  Azorola,  or  Crataegus  Azorolus,  but  Stack- 
house  to  the  C.  torminalis.     The  plant  of  this  name 


1.  (Compare  Euttmann's  Essay,  Ueber  die  Kotyttia  und  -lie 
Baptae,  in  his  Mythologus,  vol.  ii.,  p.  159.) — 2.  (Galenus,  De 
Compos.  Medicam.  per  Genera,  iii.,  3  ;  i.,  16,  17 ;  iv.,  14  ;  v.,  3 
6  ;  vi.,  6,  8. — Wurm,  De  Pond.  Mens.,  &c. — Hussey  on  Ancient 
Weights,  &c.)— 3.  (iv.,  90,  91.)— 4.  (v.,  45.— Adams,  Append., 
Sf  v.) — 5.  (Mela,  iii.,  6. — Lucan,  i.,  426. — Silius,  xvii.,  422.) — 6. 
(Mart.,  Epig.,  ii.,  24.)— 7.  (Tacit.,  Agric,  35  and  36,  with  M.  J.  H. 
Bekker's  note. — Botticher's  Lexicon  Tacit.,  s.  v. — Becker,  Gal 
lus,  vol.  i.,  p.  222. — Compare  the  article  Essedum.)— 8.  (Aris- 
tot., II.  A.,  iv.,  4. — Adams,  Append.,  s.  v.) — 9.  (The-marast., 
H.  P.,  i.,  9  ;  iii-,  4. — Dioscor.,  i.,  172. — Adams,  Appena.        t,\ 


CRATEF.. 


CREPIDA. 


described  by  Theophrastus  in  another  part  of  his 
work  was  most  probably  the  same  as  the  Cratcego- 
non  {Kparaiyovov)} 

*CRATJE'GONON  ( uparaiyovov ),  a  plant,  to 
which  Stephens  gives  the  French  name  of  Courage. 
Stackhouse  refers  it  to  the  Euphrasia  odontitis, 
now  called  Bartsia  odontitis.  Sprengel,  however, 
prefers  the  Polygonum  Persicaria* 

CRATER  [KpaTj]p,  Ionic  KpnTrjp ;  Lat.  crater  or  cra- 
tc-a,  from  KEpavvvfu,  I  mix),  a  vessel  in  which  the 
wh;e,  according  to  the  custom  of  the  ancients,  who 
very  seldom  drank  it  pure,  was  mixed  with  water, 
and  ft  om  which  the  cups  were  filled.  In  the  Homer- 
ic age  the  mixture  was  always  made  in  the  dining- 
room  by  heralds  or  young  men  (Kovpot3).  The  use 
of  the  vessel  is  sufficiently  clear  from  the  expres- 
sions so  frequent  in  the  poems  of  Homer  :  Kpnri}pa 
Kepdaaadai,  i.  c.,  olvov  nal  vdup  tv  KpnTf/pi  fitayecv  : 
ttLvelv  Kpnrf/pa  (to  empty  the  crater) ;  Kpnrffpa  arrj- 
caadcu  (cratera  statuere,  to  place  the  rilled  crater 
near  the  table)  ;  Kpnrfjpac  eTUGTityeadat  itotolo  (to 
fill  the  craters  to  the  brim*).  The  crater,  in  the 
Homeric  age,  was  generally  of  silver,6  sometimes 
with  a  gold  edge,6  and  sometimes  all  gold  or  gilt.7 
It  stood  upon  a  tripod,  and  its  ordinary  place  in  the 
ueyapov  was  in  the  most  honourable  part  of  the 
room,  at  the  farthest  end  from  the  entrance,  and 
near  the  seat  of  the  most  distinguished  among  the 
guests.8  The  size  of  the  crater  seems  to  have  va- 
ried according  to  the  number  of  guests  ;  for  where 
their  number  is  increased,  a  larger  crater  is  asked 
for.9  It  would  seem,  at  least  at  a  later  period  (for 
in  the  Homeric  poems  we  find  no  traces  of  the  cus- 
tom), that  three  craters  were  filled  at  every  feast  af- 
ter the  tables  were  removed.  They  must,  of  course, 
have  varied  in  size  according  to  the  number  of 
guests.  According  to  Suidas,10  the  first  was  dedi- 
cated to  Hermes,  the  second  to  Charisius,  and  the 
third  to  Zeus  Soter  ;  but  others  called  them  by  dif- 
ferent names  ;  thus  the  first,  or,  according  to  others, 
the  last,  was  also  designated  the  Kparrjp  dyadov 
oaifiovoc,  the  crater  of  the  good  genius,11  uparrip 
vyielac  and  fteTavnzTpie  or  (xeruvniTpov,  because  it 
was  the  crater  from  which  the  cups  were  filled  after 
the  washing  of  the  hands.13 

Craters  were  among  the  first  things  on  the  em- 
bellishment of  which  the  ancient  artists  exercised 
their  skill.  Homer13  mentions,  among  the  prizes 
proposed  by  Achilles,  a  beautifully-wrought  silver 
crater,  the  work  of  the  ingenious  Sidonians,  which, 
by  the  elegance  of  its  workmanship,  excelled  all 
others  on  the  whole  earth  In  the  reign  of  Croesus, 
king  of  Lydia,  the  Lacedaemonians  sent  to  that  king 
a  brazen  crater,  the  border  of  which  was  all  over 
ornamented  with  figures  (&dia),  and  which  was  of 
such  an  enormous  size  that  it  contained  300  am- 
phorae.14 Croesus  himself  dedicated  to  the  Delphic 
god  two  huge  craters,  which  the  Delphians  believed 
to  be  the  work  of  Theodorus  of  Samos,  and  Herodo- 
tus16 was  induced,  by  the  beauty  of  their  workman- 
ship, to  think  the  same.  It  was  about  01.  35  that 
the  Samians  dedicated  six  talents  (the  tenth  of  the 
profits  made  by  Colaeus  on  his  voyage  to  Tartessus) 
to  Hera,  in  the  shape  of  an  immense  brazen  crater, 
the  border  of  which  was  adorned  with  projecting 
Lea-is  of  griffons.  This  crater,  which  Herodotus16 
calls  Argive  (from  which  we  must  infer  that  the 
Argive  artists  were  celebrated  for  their  craters), 

1.  (Theophrast.,  iii.,  15  ;  ix.,  18. — Adams,  Append.,  s.  t.) — 2. 
(Dioscor.,  iii.,  129.)— 3.  (Vid.  11.,  iii.,  269.— Od.,  vii.,  182  ;  xxi., 
271.)— 4.  (Vid.  Buttrhann,  Lexil.,  i.,  15.)— 5.  (Od.,  ix.,  203;  x., 
356.)— 6.  (Od..  iv.,  616.)— 7.  (II.,  xxiii.,  219.)— 8.  (Od.,  xxi., 
145,  xxii.,  333,  compared  with  341.)— 9.  (11.,  ix.,  202.)— 10.  (s. 
v.  Kparrjp.) — 11.  (Suidas,  s.  v.  'Ayadov  Aaipmvoi. — Compare 
Atheu.,xv.,p.  692,  &c— Aristoph.,  Vesp.,  507  ;  Pax.,  300.)— 12 
(Athen.,  xv.,  p.  629,  F.,  &c.)— 13.  (II.,  xxiii.,  741,  &c.)— 14 
'Herod.,  i„  70.)— 15.  (j.,  51.)— 16.  (iv.,  152.) 


was  supported  by  three  colossal  brazen  statjes, 
seven  yards  long,  with  their  knees  closed  together 

The  number  of  craters  dedicated  in  temples  seems 
everywhere  to  have  been  very  great.  Livius  An- 
dronicus,  in  his  Equus  Trojanus,  represented  Aga- 
memnon returning  from  Troy  with  no  less  than  3000 
craters,1  and  Cicero2  says  that  Verres  carried  away 
from  Syracuse  the  most  beautiful  brazen  craters, 
which  most  probably  belonged  to  the  various  tem- 
ples of  that  city.  But  craters  were  not  only  dedi- 
cated to  the  gods  as  anathemata,  but  were  used  on 
various  solemn  occasions  in  their  service.  Thus 
we  read  in  Theocritus  :3  "  I  shall  offer  to  the  mu- 
ses a  crater  full  of  fresh  milk  and  sweet  olive-oil." 
In  sacrifices  the  libation  was  always  taken  from  a 
crater  ;*  and  sailors,  before  they  set  out  on  their  jour- 
ney, used  to  take  the  libation  with  cups  from  a  cra- 
ter, and  pour  it  into  the  sea.5  The  name  crater  was 
also  sometimes  used  as  synonymous  with  oltIIov, 
situla,  a  pail  in  which  water  was  fetched.6 

The  Romans  used  their  crater  or  cratera  for  the 
same  purposes  for  which  it  was  used  in  Greece ; 
but  the  most  elegant  specimens  were,  like  most 
other  works  of  art,  made  by  Greeks.7 

CRATES  (rdpaoc),  a  Hurdle,  used  by  the  ancients 
for  several  purposes.  First,  in  war,  especially  in 
assaulting  a  city  or  camp,  they  were  placed  before 
or  over  the  head  of  the  soldier,  to  shield  off  the  en- 
emy's missiles.8  From  the  plutei,  which  were  em- 
ployed in  the  same  way,  they  differed  only  in  being 
without  the  covering  of  raw  hides.  A  lighter  kind 
was  thrown  down  to  make  a  bridge  over  fosses,  for 
examples  of  which  see  Caesar,  Be  Bell.  Gall.,  vii., 
81,  86.  By  the  besieged9  they  were  used  joined  to- 
gether, so  as  to  form  what  Vegetius  calls  a  metella, 
and  filled  with  stones  :  these  were  then  poised  be- 
tween two  of  the  battlements,  and,  as  the  storming 
party  approached  upon  the  ladders,  overturned  on 
their  heads.10 

A  capital  punishment  was  called  by  this  name, 
whence  the  phrase  sub  crate  necari.  The  criminal 
was  thrown  into  a  pit  or  well,  and  hurdles  laid  upon 
him,  over  which  stones  were  afterward  heaped.11 

Crates,  called  ftcari<r.  were  used  by  the  country 
people  upon  which  to  cry  Sgp,  grapes,  &c,  in  the 
rays  of  the  sun.13  These,  as  Columella  informs  us, 
were  made  of  sedge  or  straw,  and  also  employed  as 
a  sort  of  matting  to  screen  the  fruit  from  the  weath- 
er. Virgil13  recommends  the  use  of  hurdles  in  ag- 
riculture to  level  the  ground  after  it  has  been  turn- 
ed up  with  the  heavy  rake  (rastrum).  Any  texture 
of  rods  or  twigs  seems  to  have  been  called  by  the 
general  name  crates. 

CRE'PIDA  (KPWtc),  dim.  CREPIDULA,  a  Slip- 
per. Slippers  were  worn  with  the  pallium,  not  with 
the  toga,  and  were  properly  characteristic  of  the 
Greeks,  though  adopted  from  them  by  the  Romans. 
Hence  Suetonius  says  of  the  Emperor  Tiberius,1* 
"  Deposito  patrio  habitu,  redegit  se  ad  pallium  el  crc- 
pidas."  They  were  also  worn  by  the  Macedonians,13 
and  with  the  chlamys.16  As  the  cothurnus  was  as- 
sumed by  tragedians,  because  it  was  adapted  to  be 
part  of  a  grand  and  stately  attire,  the  actors  of  com 
edy,  on  the  other  hand,  wore  crepidae  and  other 
cheap  and  common  coverings  for  the  feet.     {Vid. 


1.  (Cic,  Ep.  ad  Fam.,  vii.,  1.)— 2.  (in  Verr.,  iv.,  58.)— 3.  (v., 
53. — Compare  Virgil,  Eclog.,  v.,  67.) — 4.  (Demosth.,  De  Fals. 
Leg-.,  p.  431. — c.  Sept.,  p.  505. — c.  Mid.,  p.  531  — c.  Macart.,  p. 
1072. — Compare  Bekker,  Anecdot.,  p.  274,  4.) — 5.  (Thucyd.,  vi., 
32. — Diod.,  iii.,  3.— Arrian,  Anab.,  vi.,  3. — Virg.,  JEn..,  v.,  765.» 
— 6.  (Naev.,  ap.  Non.,  xv.,  36. — Hesych.,  s.  v.  KpciTrjpes-) — 7 
(Virg.,  JEn.,  i.,  727;  iii.,  525.— Ovid,  Fast.,  v.,  522.  —  Hor., 
Carm.,  III.,  xviii.,  7.) — 8.  (Ammian.,  xxi.,  12.)— 9.  (Veget.,  iv., 
6.)— 10.  (Lipsius,  Pol.,  i.,  7 ;  v.,  5.— Salmas.,  Plin.  Exerc, 
1267,  A.)— 11.  (Liv.,  i.,  51 ;  iv.,  50.— Tacit.,  Germ.,  c.  12.)— 
12.  (Colum.,  xii.,  15,  16.)— 13.  (Georg.,  i.,  94.)— 14.  (c.  13.)— 
15.  (Jacobs,  Anim.  ad  Anthol.,  2,  1,  p  294.)— 16.  (Cic,  Prf 
Itab.  Post.— Val.  Max.,  iii..  6,  t>  2  3.) 

31° 


GRETA 


CR1MEJN. 


Baxka,  Soccus.)  Also,  whereas  the  ancients  had 
thei  more  finished  boots  and  shoes  made  right  and 
left,  their  slippers,  on  the  other  hand,  were  made  to 
tit  both  feet  indifferently.1 

*CRETA,  in  a  general  sense,  means  any  whitish 
earth  or  clay,  such  as  potter's  clay,  pipe-clay,  &c. 
Thus  Columella*  speaks  of  a  kind  of  Creta  out  of 
which  wine-jars  and  dishes  were  made :  Virgil3 
calls  it  "  tough"  (tenax) ;  and  the  ancient  writers  on 
Agriculture  give  the  same  epithet  to  marl  which 
was  employed  to  manure  land.4  In  a  more  special 
sense,  several  varieties  of  Creta  occur  in  the  ancient 
writers.  Thus:  I.  Creta,  properly  so  called  (Terra 
Creta,  KprjTtKr/  yfj),  is  our  chalk,  which  obtained  its 
name  from  the  island  of  Crete,  where  it  abounded. 
The  ancients  employed  it  in  medicine,  as  weaker 
than  the  Terra  Chia;  and  they  were  also  acquaint- 
ed with  its  use  as  a  cleanser  of  silver  vessels.5 — II. 
Creta  annularia.  "  The  earth  called  annularia,  spo- 
ken of  by  Pliny  in  connexion  with  Selinusian,  and 
which  was  stained  with  woad  to  produce  an  imita- 
tion of  Indicum,6  is  probably,"  observes  Dr.  Moore, 
"  the  same  with  the  annulare  (viridum)  mentioned 
afterward7  by  the  same  writer,  and  which  was  so 
called  because  made  of  clay  coloured  with  common 
green  ring-stones.  This,  at  least,  strange  as  it  is, 
appears  to  be  the  only  sense  we  can  extract  from 
Pliny's  words,  the  meaning  of  which  Beckmann  ac- 
knowledges he  had  not  been  able  to  discover.8  The 
same  author  inclines  to  think  that  the  earth  called 
annularia  received  its  name  from  its  use  in  sealing, 
a  purpose  to  which  certain  kinds  of  earth  were  an- 
ciently applied."9 — III.  Creta  Cimolia.  (Vid.  Cimo- 
lia Terra.) — IV.  Creta  Eretria,  a  species  of  earth 
obtained  from  the  neighbourhood  of  Eretria,  in  the 
island  of  Eubcea.  It  is,  according  to  Hill,  a  fine 
pure  earth,  of  a  grayish  white,  moderately  heavy, 
and  of  a  smooth  surface,  not  staining  the  hands, 
and  readily  crumbling  between  the  fingers.  It  burns 
to  a  perfect  whiteness,  acquiring  a  stony  hardness 
and  an  acrimonious  taste,  and  in  a  violent  fire  runs 
into  a  very  pure  pale  blue  glass.  What  distinguish- 
es it,  however,  in  a  more  marked  manner  from 
©<her  earths  is,  that  if  a  little  be  wetted  and  drawn 
over  a  plate  of  brass  or  copper,  so  as  to  mark  a 
line,  the  mark  will  in  a  little  time  appear  bluish. 
This  is  a  character  originally  recorded  of  it  by  Di- 
oscorides,  and  which  Hill  explains  by  assigning  the 
earth  in  question  alkaline  property  in  a  much  strong- 
er degree  than  other  earths  possess.  In  the  Mate- 
ria Medica  of  former  days,  it  was  used  as  an  astrin- 
gent and  sudorific.  The  ancients  mention  another 
Eretrian  earth  of  a  pure  white,  but  this  appears  to 
have  been  no  other  than  the  true  white  Bole  of  Ar- 
menia 10 — V.  Creta  Sarda,  a  species  of  earth  obtain- 
ed from  the  island  of  Sardinia.  Pliny  calls  it  "  vi- 
lissima  omnium  cimolia  generum"  the  cheapest  kind 
of  Cimolite.  It  was,  however,  used  in  the  first 
place  to  cleanse  garments  that  were  not  dyed, 
which  were  then  fumigated  with  sulphur,  and  final- 
ly scoured  with  Cimolia  Terra.11 — VI.  Creta  Selinu- 
sia,  an  earth  obtained  from  the  neighbourhood  of 
Selinus  in  Sicily,  whence  its  name.  It  is  now 
found  in  various  parts  of  the  globe  ;  the  finest  kind, 
however,  is  the  Sicilian.  Dioscorides  describes  it 
as  of  a  very  bright  and  shining  white,  friable,  and 
very  readily  disuniting  and  diffusing  itself  in  water. 
It  was  used  by  the  ancient  physicians  as  an  astrin- 
gent, and  among  females  as  a  cosmetic.12 

♦CREX  (up?!;),  a  species  of  Bird  with  a  creaking 

1  (Isid.,  Orig.,  ix.,  34.)— 2.  (xii.,  43.)— 3.  (Georg.,  i.,  179.)— 
4.  (Varro,  R.  R.,  i.,  7,  8.— Geopon.,  x.,  75.  12 ;  ix.,  10,  4.)— 5. 
(Hill's  History  of  Fossils,  &c,  p.  43.)— 6.  (Plin.,  H.  N.,  xxxv., 
27  )— 7.  (Plin.,  H.  N.,  xxxv.,  30.)— 8.  (Hist.  Invent.,  iv.,  106.)— 
9  (Moore's  Anc.  Mineral.,  p.  74.) — 10.  (Hill,  Hist.  Fossils,  &c., 
p  5.)— 11.  (Plin.,  H.  N.,  xxxv.,  57. — Moore's  Anc.  Mineral.,  p. 
73.) — 12.  (Hill,  Hist.  Fossils,  &c,  p.  40.) 
320 


note,  whence  its  name.  Some  commentators  sup- 
pose it  the  same  as  the  bprvyofiy'irpa  of  Aristotle, 
who  treats  of  them  separately.  "It  is  generally 
held,"  says  Adams,  "  to  be  the  Land  Rail  or  Corn 
Crake,  namely,  the  Rallus  Crex,  L ,  or  Ortygometr 
Crex  of  later  naturalists  ;  but  if  Tzetzes  was  cor 
rect  in  describing  it  as  a  sea-bird,  resembling  the 
Egyptian  ibis,  this  opinion  must  be  admitted  to  be 
untenable.  Dr.  Trail  suggests  that  the  one  may 
have  been  the  Land,  and  the  other  the  Water  Rail."3 

CRE'TIO  HEREDITA'TIS.    (Vid.  Hereditas.) 

CRIMEN.  Though  this  word  occurs  so  fre- 
quently, it  is  not  easy  to  fix  its  meaning.  Crimen 
is  often  equivalent  to  accusatio  (narnyopia)  ;  but  it 
frequently  means  an  act  which  is  legally  punishable. 
In  this  latter  sense  there  seems  to  be  no  exact  def 
inition  of  it  given  by  the  Roman  jurists.  Accord 
ing  to  some  modern  writers,  crimina  are  either  pub- 
lic or  private  ;  but  if  this  definition  is  admitted,  we 
have  still  to  determine  the  notions  of  public  and 
private.  The  truth  seems  to  be,  that  there  was  a 
want  of  precise  terminology  as  to  what,  in  common 
language,  are  called  criminal  offences  among  the 
Romans  ;  and  this  defect  appears  in  other  systems 
of  jurisprudence.  Crimen  has  been  also  defined  by 
modern  writers  to  be  that  which  is  capitalis  (vid. 
Caput),  as  murder,  &c.  ;  delictum  that  which  is  a 
private  injury  (privata  noxa) ;  a  distinction  founded 
apparently  on  Dig.  xxi.,  tit.  1,  s.  17,  §  15. 

Delicts  (delicta)  were  maleficia,  wrongful  acts,' 
and  the  foundation  of  one  class  of  obligations: 
these  delicts,  as  enumerated  by  Gaius,3  are  furtum, 
rapina,  damnum,  injuria ;  they  gave  a  right  of  action 
to  the  individual  injured,  and  entitled  him  to  compen- 
sation. These  delicts  were  sometimes  called  crim- 
ina.4 Crimen,  therefore,  is  sometimes  applied  to 
that  class  of  delicta  called  privata  ;6  and,  accord- 
ingly, crimen  may  be  viewed  as  a  genus,  of  which 
the  delicta  enumerated  by  Gaius  are  a  species.  But 
crimen  and  delictum  are  sometimes  used  as  synon- 
ymous.6 In  one  passage7  we  read  of  majora  delic- 
ta (which,  of  course,  imply  minora),  which  expres- 
sion is  coupled  with  the  expression  omnia  crimina 
in  such  a  way  that  the  inference  of  crimen  contain- 
ing delictum  is,  so  far  as  concerns  this  passage, 
necessary  ;  for  the  omnia  crimina  comprehend  (in 
this  passage)  more  than  the  delicta  majora. 

Some  judicia  publica  were  capitalia,  and  some 
were  not.  Judicia,  which  concerned  crimina,  were 
not,  for  that  reason  only,  publica.  There  were, 
therefore,  crimina  which  were  not  tried  in  judicia 
publica.  This  is  consistent  with  what  is  stated 
above  as  to  those  crimina  (delicta)  which  were  the 
subject  of  actions.  Those  crimina  only  were  the 
subject  of  judicia  publica  which  were  made  so  by 
special  laws  ;  such  as  the  Julia  de  adulteriis,  Cor- 
nelia de  sicariis  et  veneficis,  Pompeia  de  parrici- 
diis,  Julia  peculatus,  Cornelia  de  testamentis,  Julia 
de  vi  privata,  Julia  de  vi  publica,  Julia  de  ambitu, 
Julia  repetundarum,  Julia  de  annona.8  So  far  as 
Cicero9  enumerates  causa3  criminum,  they  wTere 
causae  publici  judicii ;  but  he  adds,10  "  criminum  est 
multitudo  infinita."  Again,  infamia  was  not  the 
consequence  of  every  crimen,  but  only  of  those 
crimina  which  were  "  publicii  judicii."  A  condem- 
nation, therefore,  for  a  crimen,  not  publici  judicii, 
was  not  followed  by  infamia,  unless  the  crimen 
laid  the  foundation  of  an  actio,  in  which,  even  in 
the  case  of  a  privatum  judicium,  the  condemnation 
was  followed  by  infamia ;  as  furtum,  rapina,  inju- 
riae.11     Crimen,  then,  must  be  an  aci  which,  if 


1.  (Aristot.,  H.  A.,  ix.,  2.— Adams,  Append.,  s.  v.)— 2.  (Dig 
47,  tit.  1,  s.  3.)— 3.  (iii.,  182.)— 4.  (Crimen  furti :  Gaius,  iii., 
197. )_5.  (Dig.  47,  tit.  1,  de  Privatis  Delictis.)— 6.  (Dig.  48,  tit. 
19,  s.  1.)— 7.  (Dig.  48,  tit.  19,  s.  5.)— 8.  (Dig.  48,  tit.  1,  s.  1.)- 
9.  (De  Orat.,  ii.,  25.^—10.  (ii.,  31.)— 11.  (Dig.  18,  tit.  1,  «.  7.) 


CMOS. 


CRUCODILUS. 


proved  against  the  offender,  subjected  him  to  some 
punishment,  the  consequence  of  which  was  infamia  ; 
but  it  would  not  therefore  follow  that  infamia  was 
only  the  consequence  of  a  crimen. 

Most  modern  writers  on  Roman  law  have  con- 
sidered delicta  as  the  general  term,  which  they 
have  subdivided  into  delicta  publica  and  privata. 
The  legal  consequences  of  delicta  in  this  sense 
were  compensation,  punishment,  and  infamia  as  a 
consequence  of  the  other  two.  The  division  of  de- 
licta into- publica  and  privata  had,  doubtless,  partly 
its  origin  in  the  opinion  generally  entertained  of  the 
nature  of  the  delict ;  but  the  legal  distinction  must 
be  derived  from  a  consideration  of  the  form  of  ob- 
taining redress  for,  or  punishing,  the  wrong.  Those 
delicta  which  were  punishable  according  to  special 
leges,  senatus  consulta,  and  constitutiones,  and  were 
prosecuted  in'judicia  publica,  were  apparently  more 
especially  called  crimina  ;  and  the  penalties,  in  case 
of  conviction,  were  loss  of  life,  of  freedom,  of  civ- 
itas,  and  the  consequent  infamia,  and  sometimes  pe- 
cuniary penalties  also.  Those  delicta  not  provided 
for  as  above  mentioned,  were  punishable  by  action 
(actiones  pcenales),  and  were  the  subjects  of  judi- 
cia  privata,  in  which  pecuniary  compensation  was 
awarded  to  the  injured  party.  At  a  later  period, 
we  rind  a  class  of  crimina  extraordinaria,1  which 
are  somewhat  vaguely  defined.  They  are  offences 
which  in  the  earlier  law  would  have  been  the  foun- 
dation of  actions,  but  were  assimilated,  as  to  their 
punishment,  to  crimina  publici  judicii.  This  new 
class  of  crimina  (new  as  to  the  form  of  judicial  pro- 
ceedings) must  have  arisen  from  a  growing  opinion 
of  the  propriety  of  not  limiting  punishment,  in  cer- 
tain cases,  to  compensation  to  the  party  injured. 
The  person  who  inquired  judicially  extra  ordinem, 
might  affix  what  punishment  he  pleased,  within 
seasonable  limits.3  Thus,  if  a  person  intended  to 
prosecute  his  action,  which  was  founded  on  male- 
ficium  (delict),  for  pecuniary  compensation,  he  fol- 
lowed the  jus  ordinarium  ;  but  if  he  wished  to  pun- 
ish the  offender  otherwise  (extra  ordinem  ejus  rei 
poenam  exerceri  (el)  velit),  then  he  took  criminal 
proceedings,  "  subscripsit  in  crimen."3 

Delicta  were  farther  distinguished  as  to  the  pen- 
alties as  follows:  Compensation  might  be  demand- 
ed of  the  heredes  of  the  wrong-doer ;  but  the  poena 
was  personal.  The  nature  of  the  punishment  also, 
as  above  intimated,  formed  a  ground  of  distinction 
between  delicta.  Compensation  could  be  sued  for 
hy  the  party  injured  :  a  penalty,  which  was  not  a  di- 
rect benefit  to  the  injured  party,  was  sued  for  by  the 
state,  or  by  those  to  whom  the  power  of  prosecu- 
tion was  given,  as  in  the  case  of  the  lex  Julia  de 
adulteriis,  &c.  In  the  case  of  delicta  publica,  the 
mtention  of  the  doer  was  the  main  thing  to  be  con- 
sidered :  the  act,  if  done,  was  not  for  that  reason 
only  punished ;  nor  if  it  remained  incomplete,  was  it 
for  that  reason  only  unpunished.  In  the  case  of 
delicta  privata,  the  injury,  if  done,  was  always  com- 
pensated, even  if  it  was  merely  culpa.    ( Vid.  Culpa.) 

CRI'MINA  EXTRAORDINA'RIA.  (Vid.  Cri- 
men.) 

*CRIMNUS  or  -UM  (Kpi/xvoc  or  -ov),  the  larger 
granules  of  bruised  grains,  called  Groats  in  Eng- 
lish. Damm,  however,  says  it  was  also  applied  to 
Barley  itself.  He  contends  that  upl  in  Homer  is 
a  contraction  from  Kpitivoc,  and  not  from  upWr).* 

•CRINANTH'EMUM  (uptvdvdefiov),  probably  the 
Sempervivum  tedorum,  or  House-leek.  Such,  at 
least,  is  the  opinion  of  Sprengel  and  Dierbach.* 

♦CRINON  (npivov),  the  Lily.     (Vid.  Lilium.) 

•CRIOS  (Kpioc),  I.,  a  military  engine.   (Vid.  Ari- 

1.  (big.  47,  tit.  11.) — 2.  (Dig.  48,  tit.  19,  s.  13.) — 3.  (Dig.  47, 
tit.  1,  s.  3.)— 4.  (Damm,  Lex.  Horn.,  s.  v. — Adams,  Append.,  8. 
».i  —6.  (F'ppocr.,  Morb.  Mulier. — Adams,  Append.,  s.  v.) 


es.) — II.  The  Ram.  (Vid.  Ovis.)— III.  (Kptoc  or  Kpn. 
6c),  A  large  fish,  mentioned  by  Oppian  and  JElian. 
It  cannot  be  satisfactorily  determined.1 — IV.  (icpibi 
ep£6ivdoc),  A  species  of  the  Cicer  arietanum.  (Vid. 
Erebinthus.)2 

CRISTA.     (Vid.  Galea.) 

CRITAI  (Kpirai),  (judges).  This  name  was  appli- 
ed by  the  Greeks  to  any  person  who  did  not  judge 
of  a  thing  like  a  diKaarijc,  according  to  positive  laws, 
but  according  to  his  own  sense  of  justice  and  equi- 
ty.3 But  at  Athens  a  number  of  Kpirai  were  cho- 
sen by  ballot  from  a  number  of  selected  candidates 
at  every  cerebration  of  the  Dionysia,  and  were 
called  ol  Kpirai,  Kar'  t^oxvv.  Their  office  was  to 
judge  of  the  merits  of  the  different  choruses  and 
dramatic  poems,  and  to  award  the  prizes  to  the  vic- 
tors.4 Their  number  is  stated  by  Suidas  (s.  v.  'Ev 
iTEvre  Kpiruv  yovvaai)  to  have  been  five  for  come- 
dies ;  and  G.  Hermann  has  supposed,  with  great 
probability,  that  there  were,  on  the  whole,  ten  Kpirai, 
five  for  comedy  and  the  same  number  for  tragedy, 
one  being  taken  from  every  tribe.  The  expression 
in  Aristophanes,5  vikuv  Ttaoi  role  Kptralc,  signifies  to 
gain  the  victory  by  the  unanimous  consent  of  the 
five  judges.  For  the  complete  literature  of  this  sub- 
ject, see  K.  F.  Hermann's  Manual  of  the  Pol.  Ant. 
of  Greece,  $  149,  n.  13. 

CRO'BYLOS.     (Vid.  Coma,  p.  291.) 

♦CROCODI'LUS  (KpoKdSeiXoc),  the  Crocodile. 
The  name  properly  denotes  a  small  species  of  Liz- 
ard, and  was  merely  given  by  the  Greeks  to  the 
Crocodile  itself,  from  the  resemblance  which  the 
latter  bore  to  this  small  creature,'  just  as  our  Alli- 
gator is  the  Portuguese  ilal  legato,''''  the  Lizard. 
Hence  Aristotle  calls  the  Crocodile  kook66el1oc  a 
Kordfiioc,  and  the  Lizard  KpoKodtiXot.  6  #ep<xaiof. 
The  Egyptians,  says  Herodotus,  called  the  Croco- 
dile x^p\>M  '•  this,  however,  is  a  mere  corruption  in 
Greek  of  the  Egyptian  name  Msah  or  Emsooh, 
which  the  Copts  still  retain  in  Amsah,  and  from 
which  the  Arabs  have  derived  their  modern  appel- 
lation Temsah.  The  ancient  writers  have  left  us 
accounts  of  this  animal,  but  they  are  more  or  less 
imperfect.  Thus  Herodotus  says7  it  is  blind  in  the 
water;  an  evident  error,  unless  he  mean  by  the 
Greek  term  rv<j>X6g,  not  "  blind,"  but  merely  "  dim- 
sighted,"  or  "  comparatively  weak  of  sight,"  i.  e., 
when  compared  with  its  keenness  of  vision  on  the 
land.  So,  again,  Herodotus  says  it  has  no  tongue. 
This,  however,  is  a  popular  error :  it  has  a  tongue, 
like  the  rest  of  animals,  but  this  is  connected  by  a 
rough  skin  with  the  lower  jaw  ;  and,  not  being  ex- 
tensible, nor  easily  seen  at  first  view,  since  it  com 
pletely  fills  the  cavity  of  the  jaw  between  the  two 
rows  of  teeth,  it  has  been  supposed  to  have  no 
actual  existence.  Again,  the  Crocodile,  according 
to  Herodotus,  does  not  move  its  lower  jaw,  but 
brings  the  upper  one  down  in  contact  with  it.  Now 
the  truth  is  just  the  other  way :  the  lower  jaw  alone 
is  moved,  and  not  the  upper.  The  lower  jaw  ex- 
tends farther  back  than  the  scull,  so  that  the  neck 
must  be  somewhat  bent  when  it  is  opened.  The 
appearance  thus  produced  has  led  to  the  very  com 
mon  error  of  believing  that  the  Crocodile  moves  its 
upper  jaw,  which  is,  in  fact,  incapable  of  motion, 
except  with  the  rest  of  its  body.  "Naturalists  de' 
scribe  four  species  of  the  Crocodile,  namely,  Croco 
dilus  alligator,  C.  cayman,  C.  gavial,  and  C.  candi 
verbera.  The  third  of  these  being  found  only  in 
India,  and  the  fourth  being  peculiar  to  America,  it 
follows  that  the  ancients  could  have  had  little  ac- 
quaintance with  any  other  species  than  the  Alhga- 


1.  (Adams,  Append.,  s.v.) — 2.  (Theophrast.,  H.  P.,  vfli'.,  5.) — 
3.  (Herod.,  iii.,  160. — Demoslh.,  Olynth.,  i.,  p.  17  ;  c,  Mid.,  p. 
520. ) — 4.  (Isocr.,  Trapez.,  p.  365,  C,  with  Coray's  note.) — 5.  (Av 
421  )— 6.  (Herod.,  ii.,  69.)— 7.  ,'..  c  ) 

321 


CROCUS. 


CROTALUM. 


tor  and  the  Cayman.    yElian,  however,  must  be 
supposed  to  allude  to  the  Gavial  when  he  mentions 
the  Crocodile  of  the  Ganges.     Both  Linnaeus  and 
Buffon  reckon  the  first  two  as  mere  varieties,  but 
they  are  now  generally  held  to  be  distinct  species. 
Bochart,  with  great  learning,  has  proved  that  the 
Leviathan  of  Job  is  the  Crocodile.1    Athenasus  ranks 
he  Crocodile  and  the  Hippopotamus  with  the  ktjttj.2 
Among  the  Egyptians,  the  Crocodile  was  peculiarly 
sacred  to  the  god  Savak.     Its  worship,  however, 
did  not  extend  to  every  part  of  Egypt ;  some  places 
considering  it  the  representative  of  the  Evil  Being, 
and  bearing  the  most  deadly  animosity  to  it,  which 
led  to  serious  feuds  between  neighbouring  towns. 
Such  was  the  cause  of  the  quarrel  between  the 
Ombites  and  the  Tentyrites,  as  described  by  Juve- 
nal ;  and  the  same  animal  which  was  worshipped 
at  Ombos,  was  killed  and  eaten  by  the  inhabitants 
of  Apollinopolis.3     The   Crocodile  enjoyed  great 
honours  at  Coptos,  Ombos,  and  Crocodilopolis  or 
Arthribis,  in  the  Theba'id.     In  Lower  Egypt,  it  was 
particularly  sacred  at  a  place  called  the  City  of 
Crocodiles  (Crocodilopolis),  and  afterward  Arsinoe, 
the  capital  of  a  nome,  now  the  province  cf  Fyoom. 
The  animals  were  there  kept  in  the  Lake  Maeris, 
and  were  buried  in  the  under-ground  chambers  of 
the  famous  Labyrinth.     The  Crocodile  is  now  sel- 
dom eaten,  the  flesh  being  bad.     Indeed,  in  former 
times,  it  seems  rather  to  have  been  eaten  as  a  mark 
of  hatred  towards  the  Evil  Being,  of  whom  it  was 
the  emblem,  than  as  an  article  of  food.*    The  Croc- 
odile at  present  is  found  in  the  Nile  only  towards 
the  region  of  Upper  Egypt,  where  it  is  extremely 
hot,  and  where  this  animal  never  falls  into  a  lethar- 
gic state.     Formerly,  when  it  was  wont  to  descend 
the  branches  of  the  river  which  water  the  Delta,  it 
used  to  pass  the  four  winter  months  in  caverns, 
and  without  food.     Of  this  fact  we  are  informed  by 
Pliny  and  other  ancient  naturalists. — In  the  year 
58  B.C.,  the  aedile  Scaurus  exhibited  at  Rome  five 
crocodiles  of  the  Nile  ;   and  subsequently,  the  Em- 
peror Augustus  had  a  circus  filled  with  water,  and 
exhibited  there  to  the  people  thirty-six  crocodiles, 
which  were  killed  by  an  equal  number  of  men  who 
vere  habituated  to  fight  with  these  animals."5 

*KPOKOAEI'A02  (xepaatoc  or  cidyKoc),  the 
akink,  or  Land  Crocodile.  There  are  two  species 
4>f  the  Slunk  with  which  the  ancients  may  be  sup- 
posed to  have  been  well  acquainted,  namely,  Scincus 
officinalis  and  S.  Algiriensis.  Moses  Charras  says 
of  them,  "  The  Skinks  are  little  animals  like  to  liz- 
ards, or,  rather,  like  to  little  crocodiles,  by  which 
name  they  are  known."6 

*CROCODEIL'IUM  (upoKoddliov),  a  species  of 
plant.  Matthiolus  informs  us  that  it  had  been  sup- 
posed to  be  the  Eryngium  marinum,  or  Sea  Eringo, 
and  the  Carlina,  or  Carline  Thistle  ;  but  he  rejects 
both  these  suppositions,  admitting,  however,  at  the 
same  time,  his  own  want  of  acquaintance  with  it. 
Sprengel,  on  the  other  hand,  inclines  to  think  it  the 
Eryngium.7 

*  CROCUS  (upoKoc),  the  Saffron  Crocus,  or  Cro- 
cus sativus.  The  genuine  Saffron  grows  wild  in  the 
Levant  and  in  Southern  Europe.  Sibthorp  found  it 
in  the  fields  of  Greece  and  on  the  mountains  around 
Athens.  The  flower  of  the  C.  sativus  is  of  a  violet 
colour,  and  appears  in  autumn  ;  hence  the  epithet 
nutumnalis.  The  best  Saffron  came  from  Corycus 
in  Cilicia  and  from  Mount  Tmolus  in  Lydia.  The 
Lycian  Olympus  and  the  island  of  Sicily  also  pro- 
duced a  very  good  sort.     Saffron  was  much  used 

1.  (Hieroz.,  52,  4,  12.)— 2.  (Athen.,  ii.,  90. — Adams,  Append., 
a.  v  )— 3.  (Wilkinson's  Egyptians,  vol.  v.,  p.  229.— Juv.,  Sat., 
xviii.,  36.) — 4.  (Wilkinson,  1.  c.)— 5.  (Griffith's  Cuvier,  vol.  ix., 
p.  190  )— 6.  (Aristot.,  H.  A.,  ii.,  1.— Dioscor.,  M.  M.,  ii.,  71.— 
Adams,  Append.,  s.  v.)  —  7.  (Dioscor.,  iii.,  10.  —  Galen,  De 
Simpl ,  vii  —Adams,  Append.,  s.  v.) 
°22 


by  the  Romans  as  a  condiment  in  various  articles 
of  food,  as  it  still  is  by  many  Oriental  nations.  It 
was  also  put  into  wine.  Saffron,  diluted  in  water 
or  wine,  was  sprinkled  as  a  perfume  in  the  theatre 
and  other  places,  and  also  on  the  funeral  pile.  It 
was  also  made  into  an  unguent  ( Crocinum  unguent- 
um).  Saffron-coloured  garments  were  also  mucb 
in  vogue.1 

CROCO'TA  (sc.  vestis :  KpoKurov,  sc.  ijuutcov,  Of 
icpoKuroc,  sc.  xL™v)  was  a  kind  of  gala-dress,  chiefly 
worn  by  women  on  solemn  occasions,  and  in  Greece 
especially  at  the  festival  of  the  Dionysia.2  It  was 
also  worn  by  the  priests  of  Cybele,3  and  sometimes 
by  men  of  effeminate  character.*  It  is  evident, 
from  the  passage  of  Virgil,  that  its  name  was  de- 
rived from  crocus,  one  of  the  favourite  colours  of 
the  Greek  ladies,  as  we  still  see  in  the  pictures  dis- 
covered at  Herculaneum  and  Pompeii.  The  cir- 
cumstance that  dresses  of  this  colour  were  in  Latin 
commonly  called  vestes  crocatae  or  croceae,  has  in- 
duced some  writers  on  antiquities  to  suppose  that 
crocota  was  derived  from  Kponfj  (woof  or  weft)  or 
upoKic.  (a  flake  of  wool  or  cotton  on  the  surface  of 
the  cloth),  so  that  it  would  be  a  soft  and  woolly 
kind  of  dress.5  But  the  passages  above  referred  to 
are  sufficient  to  refute  this  opinion,  and  the  name 
crocota  wras,  like  many  others,  adopted  by  the  Ro 
mans  from  the  Greeks.6 

♦CROCOTTAS  {uponoTTac),  an  animal  mention- 
ed by  the  ancient  writers,  and  said  to  be  produced 
from  the  wolf  and  dog,  but  to  be  much  more  fero- 
cious than  either  of  these  animals.  Such,  at  least, 
is  the  account  of  Artemidorus,7  Diodorus  Siculus,8 
and  Agatharchides.9  But  the  coupling  of  the  woH 
and  dog,  though  easy,  and  often  effected  in  mena- 
geries at  the  present  day,  produces  no  durable  spe- 
cies. It  is  more  probable,  therefore,  that  the  Cro- 
cottas  answers  to  the  Hyena,  since  the  latter  has 
very  strong  teeth,  and  breaks  bones  with  the  great- 
est ease,  as  the  Crocottas  is  said  to  have  done.  The 
earliest  passage  respecting  the  Crocottas  is  found 
in  Ctesias,  and  the  description  there  given  is  almost 
the  same  with  that  by  which  the  Oriental  writers 
describe  the  Hyena.10 

*CROM'YON  or  CROMMTON  (Kpopvov,  upopL- 
fivov),  the  Allium  cepa,  or  Garlic.     (Vzd.  Allium.) 

CRO'NIA  (Kpovca),  a  festival  celebrated  at  Athens 
in  honour  of  Cronos,  whose  worship  was  said  to 
have  been  introduced  into  Attica  by  Cecrops.  He 
had  a  temple  in  common  with  Rhea.11  The  festival 
was  held  on  the  twelfth  of  the  month  of  Hecatom- 
baeon,18  which,  at  an  early  period  of  the  history  ol 
Attica,  bore  the  name  of  firjv  Kpovioc..13 

The  Rhodians  also  celebrated  a  festival  in  honour 
of  Cronos,  perhaps  the  Phoenician  Moloch,  to  whom 
human  sacrifices,  generally  consisting  of  criminals, 
were  offered.  This  festival  was  held  on  the  six- 
teenth of  Metageitnion.1* 

Greek  writers,  when  speaking  of  the  Romau  Sat- 
urnalia, apply  to  them  the  name  Kpowa.1* 

CRO'TALUM,  a  kind  of  Cymbal,  erroneously  sup 
posed  by  Scaliger  and  Brodaeus  to  be  the  same  with 
the  sistrum.     The  mistakes  of  learned  men  on  this 


1.  (Theophrast.,  II.  P.,  vi.,  8. — Dioscor.,  i.,  25. — Billerbeck, 
Flora  Classica,  p.  11. — Spanheim  ad  Callim.,p.  79:  "  de  Cioco: 
et  luxu  circa  eum." — Ovid,  A.  A.,  i.,  104. — Propert.,  iv.,  1,  16 
— Id.,  iii.,  8,  22,  &c.)— 2.  (Aristoph.,  Ran.,  56,  with  the  schol 
— Lysistr.,  44.— Pollux,  ir.,  10,  117.)— 3.  (Apul.,  Met.,  8  and  11. 
— "Virg-.,  JEn.,  ix.,  614.)— 4.  (Aristoph.,  Thesm.,  253.— Suid.,  s. 
v. — Plaut.  and  N«v.,  ap.  Nonium,  xiv.,  8,  and  xvi.,  4. — Cic, 
Harusp.  Resp.,  21.) — 5.  (Salmas.  ad  Capitolin.,  Pertinac,  8,  t. 
1,  p.  547,  and  ad  Tertull.,  De  Pall.,  p.  329.)— 6.  (Compare  Br.c 
ker's  Charikles,  ii.,  p.  351,  &c.)— 7.  (ap.  Strab.,  xvi.,  p.  774 
Cas.)— 8.  (iii.,  35.)— 9.  (ap.  Phot.,  Cod.,  250,  c.  39.)— 10.  (Cu-' 
vier  ad  Plin.,  8,  30.)— 11.  (Paus.,  i.,  18,  I)  7.)— 12  (Demosth., 
c.  Timocr.,  p.  708.)— 13.  (Athen.,  xiii.,  p.  581.)— A.  (Porphyr 
ap.  Theodoret,  vii.,  Gnec.  Affect. — De  Abstinent.,  ii..  54  ) — IS 
(Vid.  Athen.,  xiv.,  p.  639.— Appi&n,  III  5  » 


CRYPTEIA. 


CRYPTEIA. 


poir.t  arc  refuted  at  length  by  Lampe.1  From  Sui- 
dr.s  and  ihe  scholiast  on  Aristophanes,2  it  appears 
to  have  been  a  split  reed  or  cane,  which  clattered 
when  shaken  with  the  hand.  According  to  Eusta- 
thius,3  it  was  made  of  shell  and  brass  as  well  as  of 
wood.  Clemens  Alexandrinus  farther  says  that  it 
««»s  an  invention  of  the  Sicilians. 

Women  who  played  on  the  crotalum  were  termed 
crotalistria.     Such  was  Virgil's  Copa, 

"  Crispum  sub  crotalo  docta  mover e  latus."4. 

The  line  alludes  to  the  dance  with  crotala  (similar 
to  castanets),  for  which  we  have  the  additional  tes- 
timony of  Macrobius.5  The  annexed  woodcut,  ta- 
ke;? from  the  drawing  of  an  ancient  marble  in  Spon's 
V'-V.'ellanea,6  represents  one  of  these  crotalis  trice 
i/j  /jrming. 


The  words  Kporaloc.  and  uporalov  are  often  ap- 
plied, by  an  easy  metaphor,  to  a  noisy,  talkative 
person.7 

*CROTON  (icpoTov),  I.  an  insect  found  on  oxen 
and  dogs,  and  sometimes  on  men,  namely,  the  Aca- 
rus  reduvius,  L.,  or  Tick.8 — II.  According  to  Galen, 
the  same  with  the  klkl.9     (Vid.  Cici.) 

CRyPTEFA  (KpvTTTcta,  also  called  Kpvnrla  or 
KpvKT-fj)  was,  according  to  Aristotle,10  an  institution 
introduced  at  Sparta  by  the  legislation  of  Lycurgus. 
Its  character  was  so  cruel  and  atrocious,  that  Plu- 
tarch only  with  great  reluctance  submitted  to  the 
authority  of  Aristotle  in  ascribing  its  introduction  to 
the  Spartan  lawgiver.  The  description  which  he 
gives  of  it  is  this  :  The  ephors,  at  intervals,  select- 
ed from  among  the  young  Spartans  those  who  ap- 
peared to  be  best  qualified  for  the  task,  and  sent 
them  in  various  directions  all  over  the  country,  pro- 
vided with  daggers  and  their  necessary  food.  Du- 
ring the  daytime  these  young  men  concealed  them- 
selves ;  but  at  night  they  broke  forth  into  the  high- 
roads, and  massacred  those  of  the  Helots  whom  they 
met,  or  whom-  they  thought  proper.  Sometimes, 
also,  they  ranged  over  the  fields  (in  the  daytime), 
and  despatched  the  strongest  and  best  of  the  Helots. 
This  account  agrees  with  that  of  Heraclides  of  Pon- 
tus,11  who  speaks  of  the  practice  as  one  that  was 
still  carried  on  in  his  own  time,  though  he  describes 
its  introduction  by  Lycurgus  only  as  a  report. 

The  crypteia  has  generally  been  considered  either 
as  a  kind  of  military  training  of  the  Spartan  youths, 
in  which,  as  in  other  cases,  the  lives  of  the  Helots 
were  unscrupulously  sacrificed,  or  as  a  means  of 
lessening  the  numbers  and  weakening  the  power  of 
the  slaves.  But  Muller,12  who  is  anxious  to  soften 
the  notions  generally  current  respecting  the  rela- 
tions between  the  Helots  and  their  masters,  suppo- 
ses that  Plutarch  and  Heraclides  represent  the  in- 
stitution of  the  crypteia  "  as  a  war  which  the  ephors 
themselves,  on  entering  upon  their  yearly  office, 
proclaimed  against  the  Helots."    Heraclides,  how- 

1.  (De  Cymb.  Vet.,  i.,  4,  5,  6.)— 2.  (Nuhes,  260.)— 3.  (II.,  xi., 
160.)— 4.  (v.,  2.)— 5.  (Sat.,  it.,  10.)— 6.  (Sec.  I.,  art.  vi.,  h>.  43.) 
—7.  (Arist.,  Nub.,  448.— Eur.,  Cycl.,  104.)— 8.  (Aristot.,  H.  A., 
v.,  17.)— 9.  (Theophrast.,  H.  P.,  i.,  10.)— 10.  (ap.  Plut.,  Lye, 
«8.)   -11    /-   2  )— 12.  (Dorians   -ii..  3.  6  4  \ 


ever,  does  not  mention  this  proclamation  at  all, 
and  Plutarch,  who  mentions  it  on  the  authority  of 
Aristotle,  does  not  represent  it  as  identical  with  the 
crypteia.     Muller  also  supposes  that,  according  to 
the  received  opinion,  this  chase  of  the  slaves  took 
place  regularly  every  year ;  and  showing  at  once 
the  absurdity  of  such  an  annual  proclamation  of 
war  and  massacre  among  the  slaves,  he  rejects 
what  he  calls  the  common  opinion  altogether,  as 
involved  in  inextricable  difficulties,  and  has  re- 
course to  Plato  to  solve  the  problem.     But  Thirl- 
wall1  much  more  judiciously  considers  that  this 
proclamation  of  war  is  not  altogether  groundless, 
but  only  a  misrepresentation  of  something  else,  and 
that  its  real  character  was  most  probably  connected 
with  the  crypteia.     Now  if  we  suppose  that  the 
thing  here  misrepresented  and  exaggerated  into  a 
proclamation  of  war  was  some  promise  which  the 
ephors,  on  entering  upon  their  office,  were  obliged 
to  make :  for  instance,  to  protect  the  state  against 
any  danger  that  might  arise  from  too  great  an  in- 
crease of  the  numbers  and  power  of  the  Helots — a 
promise  which  might  very  easily  be  distorted  into  a 
proclamation  of  war — there  is  nothing  contrary  to 
the  spirit  of  the  legislation  of  Lycurgus ;  and  such 
an  institution,  by  no  means  surprising  in  a  slave- 
holding  state  like  Sparta,  where  the  number  of  free 
citizens  was  comparatively  very  small,  would  have 
conferred  upon  the  ephors  the  legal  authority  occa- 
sionally to  send  out  a  number  of  young  Spartans  in 
chase  of  the  Helots.3    That  on  certain  occasions, 
when  the  state  had  reason  to  fear  the  overwhelming 
number  of  slaves,  thousands  were  massacred  with 
the  sanction  of  the  public  authorities,  is  a  well- 
known  fact.3     It  is,  however,  probable  enough  that 
such  a  system  may  at  first  have  been  carried  on 
with  some  degree  of  moderation  ;  but  after  attempts 
had  been  made  by  the  slaves  to  emancipate  them- 
selves and  put  their  masters  to  death,  as  was  the 
case  during  and  after  the  earthquake  in  Laconia,  it 
assumed  the  barbarous   and  atrocious    character 
which  we  have  described  above.*    If  the  crypteia 
had  taken  place  annually,  and  at  a  fixed  time,  we 
should  indeed  have  reason,  with  Muller,  to  wonder 
why  the  Helots,  who  in  many  districts  lived  entirely 
alone,  and  were  united  by  despair  for  the  sake  of 
common  protection,  did  not  every  year  kindle  a 
most  bloody  and  determined  war  throughout  the 
whole  of  Laconia  ;  but  Plutarch,  the  only  authority 
on  which  this  supposition  can  rest,  does  not  say  that 
the  crypteia  took  place  every  year,  but  Sia  xpovov, 
i.  e.,  "  at  intervals,"  or  occasionally.6    The  difficul- 
ties which  Muller  finds  in  what  he  calls  the  common 
account  of  the  crypteia,  are  thus,  in  our  opinion,  re- 
moved, and  it  is  no  longer  necessary  to  seek  their 
solution  in  the  description  given  by  Plato,6  who  pro- 
posed for  his  Cretan  colony  a  similar  institution, 
under  the  name  of  crypteia.     From  the  known  par- 
tiality of  Plato  for  Spartan  institutions,  and  his  in- 
clination to  represent  thern  in  a  favourable  light,  it 
will  be  admitted  that,  on  a  subject  like  this,  his  ev- 
idence will  be  of  little  weight.    And  when  he  adopt- 
ed the  name  crypteia  for  his  institution,  it  by  no 
means  follows  that  he  intended  to  make  it  in  every 
respect  similar  to  that  of  Sparta ;  a  partial  resem- 
blance was  sufficient  to  transfer  the  name  of  tho 
Spartan  institution  to  that  which  he  proposed  to 
establish ;  and  it  is  sufficiently  clear,  from  his  own 
words,  that  his  attention  was  more  particularly  di- 
rected to  the  advantages  which  young  soldiers  might 
derive  from  such  hardships  as  the  upvKToi  had  to 
undergo.     But  even  Plato's  colony  would  not  have 


1.  (Hist.  Greece,  vol.  i.,  p.  311.)— 2.  (Isocr.,  Panath.,  p.  271 
B.)— 3.  (Thucyd.,  iv..  80.)— 4.  (Compare  Plut.,  Lye,  28,  sub 
fin.)— 5.  (Hermann  ad  Viger.,  p.  856.)— 6.  (De  Leg.,  i.,  p.  633  , 


vi.,  p.  763  ) 


323 


CRVPTA. 


CUBICULARll. 


Deen  of  a  \eiy  humane  character,  as  his  KpvtzToi 
were  to  go  out  in  arms  and  make  free  use  of  the 
slaves. 

CRUX  (aravpoc,  GKoXoip),  an  instrument  of  capi- 
tal punishment  used  by  several  ancient  nations,  es- 
pecially the  Romans  and  Carthaginians.  The  words 
aravpocj  and  anoXomfa  are  also  applied  to  Persian 
and  Egyptian  punishments,  but  Casaubon1  doubts 
whether  they  describe  the  Roman  method  of  cruci- 
fixion. From  Seneca2  we  learn  the  latter  to  have 
been  of  two  kinds,  the  less  usual  sort  being  rather 
impalement  than  what  we  should  describe  by  the 
word  crucifixion,  as  the  criminal  was  transfixed  by 
a  pole,  which  passed  through  the  back  and  spine, 
and  came  out  at  the  mouth. 

The  cross  was  of  several  kinds ;  one  in  the  shape 
of  an  X,  called  crux  Andreana,  because  tradition  re- 
ports St.  Andrew  to  have  suffered  upon  it ;  another 
was  found  like  a  T,  as  we  learn  from  Lucian,3  who 
makes  it  the  subject  of  a  charge  against  the  letter. 

The  third,  and  most  common  sort,  was  made  of 
two  pieces  of  wood  crossed,  so  as  to  make  four  right 
angles.  It  was  on  this,  according  to  the  unanimous 
testimony  of  the  fathers,  who  sought  to  confirm  it 
by  Scripture  itself,*  that  our  Saviour  suffered.  The 
punishment,  as  is  well  known,  was  chiefly  inflicted 
on  slaves  and  the  worst  kind  of  malefactors.5  The 
manner  of  it  was  as  follov  s  :  The  criminal,  after 
sentence  pronounced,  carried  his  cross  to  the  place 
of  execution  :  a  custom  mentioned  by  Plutarch6  and 
Artemidorus,7  as  well  as  in  the  Gospels.  From 
Livy8  and  Valerius  Maximus,9  scourging  appears 
to  have  formed  a  part  of  this,  as  of  other  capital 
punishments  among  the  Romans.  The  scourging 
of  our  Saviour,  however,  is  not  to  be  regarded  in 
this  light,  as  Grotius  and  Hammond  have  observed 
it  was  inflicted  before  sentence  was  pronounced.10 
The  criminal  was  next  stripped  of  his  clothes,  and 
nailed  or  bound  to  the  cross.  The  latter  was  the 
more  painful  method,  as  the  sufferer  was  left  to  die 
of  hunger.  Instances  are  recorded  of  persons  who 
survived  nine  days.  It  was  usual  to  leave  the  body 
on  the  cross  after  death.  The  breaking  of  the  legs 
of  the  thieves,  mentioned  in  the  Gospels,  was  acci- 
dental ;  because  by  the  Jewish  law,  it  is  expressly 
remarked,  the  bodies  could  not  remain  on  the  cross 
during  the  Sabbath-day.11 

CRYPTA  (from  Kpyizreiv,  to  conceal),  a  Crypt. 
Among  the  Romans,  any  long  narrow  vault,  wheth- 
er wholly  or  partially  below  the  level  of  the  earth, 
is  expressed  by  this  term  ;  such  as  a  sewer  (crypta 
Subura}*)  (vid.  Cloaca),  the  carceres  of  the  circus 
(vid.  Circus,  p.  254),  or  a  magazine  for  the  recep- 
tion of  agricultural  produce.13 

The  specific  senses  of  the  word  are  : 

I.  A  covered  portico  or  arcade,  called  more  def- 
initely crypto- f  or ticus,  because  it  was  not  supported 
by  open  columns  like  the  ordinary  portico,  but  closed 
at  the  sides,  with  windows  only  for  the  admission 
of  light  and  air.1*  These  were  frequented  during 
summer  for  their  coolness.  A  portico  of  this  kind, 
almost  entire,  is  still  remaining  in  the  suburban  villa 
of  Arrius  Diomedes  at  Pompeii. 

Some  theatres,  if  not  all,  had  a  similar  portico 
attached  to  them  for  the  convenience  of  the  per- 
formers, who  there  rehearsed  their  parts  or  prac- 
tised their  exercises.15    One  of  these  is  mentioned 

1.  (Exer.  Antibaron.,  xvi.,  77.) — 2.  (Cons,  ad  Marc,  xx. — 
Epist.,  xiv.,  1.) — 3.  (Judic.  Vocal.,  xii.) — 4.  (Lips.,  De  Cruce, 
i.,  9.)— 5.  (Juv.,  Sat.,  vi.,  219.— Hor.,  Sat.,  L,  iii.,  82.)— 6.  (De 
Tard.  Dei  Viral.,  eKaaroi  tuv  Kcacovpyiiiv  tK(pep£i  tov  clvtov 
aravpdv.) — 7.  COveipoKp.,  ii.,  61.) — 8.  (xxxiii.,  36.)  —  9.  (i.,  7.) 
— 10.  (St.  Luke,  xxiii.,  16.— St.  John,  xix.,  1,  6.) — 11.  (Lips., 
De  Cruce. — Casaubon,  Exer.  Antibaron.,  xvi.,  77.)  — 12.  (Juv., 
Sat.,  v.,  106.)  —  13.  (Vitruv.,  vi.,  8.  —  Compare  Varro,  De  Re 
Rust.,  i.,  57.) — 14.  (Plin.,  Epist.,  ii.,  15  ;  v.,  6;  vii.,21. — Sidon., 
Epist.,  ii.,  2.) — 15.  (Suet ,  Cal.,  58. — Compare  Dion  Cass.,  lix., 
29 — Joseph.,  Antiq.,  xix.,  1,  I)  14.) 
324 


by  P.  Victor1  as  the  crypta  Balbi,  attached  tc  tne 
theatre  built  by  Cornelius  Balbus  at  the  instigation 
of  Augustus,2  which  is  supposed  to  be  the  ruin  uow 
seen  in  the  Via  di  S.  Maria  di  Cacaberis,  between 
the  church  of  that  name  and  the  S.  Maria  di  Pianto 

II.  A  grotto,  particularly  one  open  at  both  ex- 
tremities, forming  what  in  modern  language  is  de- 
nominated a  "  tunnel,"  like  the  grotto  of  Pausilippo, 
well  known  to  every  visitant  of  Naples.  This  is  a 
tunnel  excavated  in  the  lufo  rock,  about  20  feet  high 
and  1800  long,  forming  the  direct  communication 
between  Naples  and  Pozzuoli  (Puteoli),  called  by 
the  Romans  crypta  Neapolitana,  and  described  by 
Seneca3  and  Strabo.* 

A  subterranean  vault  used  for  any  secret  wor- 
ship, but  more  particularly  for  the  licentious  rites 
consecrated  to  Priapus,  was  also  called  crypta.6 

III.  When  the  practice  of  consuming  the  body 
by  fire  was  relinquished  (vid.  Bustum,  Conditori- 
um),  and  a  number  of  bodies  was  consigned  to  one 
place  of  burial,  as  the  catacombs,  for  instance,  this 
common  tomb  was  called  crypta.6  One  of  these, 
the  crypta  Ncpotiana,  which  was  in  the  vicus  Patri- 
cius,  under  the  Esquiline,7  was  used  by  the  early 
Christians,  during  the  times  of  their  persecution,  as 
a  place  of  secret  worship.8 

CRYPTOPO'RTICUS.     (Vid.  Crypta.) 

*CRYSTALLTJS  or  -UM  (upvoraMoc),  Crystal 
The  ancients  were  of  opinion  that  crystal  was  only 
water  congealed  in  a  long  period  of  time  into  an  ice 
more  durable  than  common ;  and  Pliny9  thought  it 
was  nowhere  to  be  found  but  in  excessively  cold 
regions.  "  That  it  is  ice  is  certain,"  says  this  wri- 
ter, "  and  hence  the  Greeks  have  given  it  its 
name."  In  accordance  witk#the  etymology  here 
alluded  to,  upvoraXXoe  is  thought/  ^o^-come  from 
tcpvoe,  "  ice,"  or  from  Kpvardo)  (upvoTaivu),  "  to 
freeze."  "  This  ancient  notion,"  observes  Dr. 
Moore,  "  will  appear  less  ridiculous  if  we  consider 
that,  although  water  really  converted  into  a  solid 
crystalline  mass,  by  exposure  to  a  very  ordinary 
degree  of  cold,  resumes  its  fluid  state  when  the 
heat  of  which  it  was  deprived  is  again  restored ;  yet 
the  results  of  chemical  analysis  teach  us  that  wa- 
ter, in  a  permanently  solid  state,  constitutes  a  con- 
siderable portion  of  many  crystalline  substances. 
Of  the  hydrate  of  magnesia,  for  example,  it  forms 
near  one  third  ;  and  of  the  sulphate  of  soda,  consid- 
erably above  one  half.  Rock-crystal  is  one  among 
the  very  few  minerals  whose  crystalline  form  Pliny 
has  remarked.  He  mentions  one  remarkable  use 
of  crystal  in  applying  actual  cautery,  the  crystal 
having  been  used  as  a  lens.  This,  however,  was 
known  long  before,  mention  of  it  having  been  made 
in  the  Clouds  of  Aristophanes,  and  in  the  poem  of 
the  pseudo-Orpheus  on  the  properties  of  Stones."18 

CUBEFA.     (Vid.  Tessera.) 

CUBICULA'RII  were  slaves  who  had  the  care 
of  the  sleeping  and  dwelling  rooms.  Faithful  slaves 
were  always  selected  for  this  office,  as  they  had,  to 
a  certain  extent,  the  care  of  their  master's  person. 
When  Julius  Caesar  was  taken  by  the  pirates,  he 
dismissed  all  his  other  slaves  and  attendants,  only 
retaining  with  him  a  physician  and  two  cubicula- 
rii.11  It  was  the  duty  of  the  cubicularii  to  introduce 
visiters  to  their  master,13  for  which  purpose  they 
appear  to  have  usually  remained  in  an  ante-room." 
Under  the  later  emperors,  the  cubicularii  belonging 

1.  (Regioix.)  — 2.  (Suet.,  Octav.,  29.  —  Dion  Cass.,  1W.,  25.) 
— 3.  (Epist.,  57.)  —  4.  (t.,  $  7,  p.  197,  ed.  Siebenk.  —  Compart 
Petron.,  Fragm.,  xiii.)  —  5.  (Petron.,  Sat.,  xvi.,  3.  —  Compare 
xvii.,  8.)  —  6.  (Salinas.,  Exercit.  Plin.,  p.  850. — Aring.,  Rom 
Subterr.,  i.,  1,  v  9.— Prudent.,  Ylepl  St£0.,  xi.,  153.)  —  7.  (Fes- 
tus,  s.  v.  Septimontium.) — 8.  (Nardini,  Rom.  Antic,  iv.,  3.) — 9. 
(H.  N.,  xxxvii.,  9.)— 10.  (Ancient  Mineralogy,  p.  140.)— 11. 
(Suet.,  Jul.,  4.)— 12.  (Cic.  ad  Att.,  vi.,  2,  t)  5.— in  Verr.,  iii.,  4.1 
—13.  (Suet..  Tib.,  21.— Dom.,  16.) 


CUCULLUS 


CULIX. 


to  the  palace  were  called  propositi  ^acro  cubiculo. 
and  were  persons  of  high  rank.1 

CUBI'CULUM  usually  means  a  sleeping  and 
dwelling  room  in  a  Roman  house  (vid.  House),  but 
is  also  applied  to  the  pavilion  or  tent  in  which  the 
Roman  emperors  were  accustomed  to  witness  the 
public  games.*  It  appears  to  have  been  so  called, 
because  the  emperors  were  accustomed  to  recline 
in  the  cubicula,  instead  of  sitting,  as  was  anciently 
the  practice,  in  a  sella  curulis.3 

CUBISTETE'RES  (KvStaTnTrjpec),  were  a  partic- 
ular kind  of  dancers  or  tumblers,  who  in  the  course 
of  their  dance  flung  themselves  on  their  heads  and 
alighted  again  on  their  feet  (uaizep  ol  nvSioTfivrec 
tcai  etc  bpdpbv  rx  one?.n  Trept<pep6fj,evot  kvCcgtuoi  kv- 
k%u>*).  We  read  of  tcvCtarnTF/per  as  early  as  the 
time  of  Homer.5  These  tumblers  were  also  ac- 
customed to  make  their  somerset  over  knives  or 
swords,  which  was  called  Kv6tarav  etc  fJ-axaipac.' 
The  way  in  which  this  feat  was  performed  is  de- 
scribed by  Xenophon,  who  says7  that  a  circle  was 
made  quite  full  of  upright  swords,  and  that  the  dan- 
cer etc  TavTa  eKv6iara  re  aal  e^eKvdtora  vrtep  avruv. 
We  find  many  representations  of  these  tumblers, 
both  male  and  female,  in  ancient  works  of  art.8 

Kv6umjT7jpec  were  frequently  introduced  at  con- 
vivial entertainments  to  amuse  the  guests ;  but 
Socrates  condemns  the  practice,  as  attended  with 
too  much  danger  to  be  pleasing  on  such  occasions.9 

CU'BITUS  (Trifavf),  a  Greek  and  Roman  measure 
of  length,  originally  the  length  of  the  human  arm 
from  the  elbow  to  the  wrist,  or  to  the  knuckle  of 
the  middle  finger.  It  was  equal  to  a  foot  and  a 
half,  which  would  give,  according  to  Mr.  Hussey's 
computation,  1  foot  54744  inches  Eng.  for  the  Ro- 
man, and  1  foot  62016  inches  for  the  Greek  cubit.10 

CUBUS  (kv6oc),  a  Cube  ;  a  name  given  also  to 
a  vessel  (called  likewise  quadrantal),  the  sides  of 
whjch  were  formed  by  six  equal  squares  (including 
the  top),  each  square  having  each  of  its  sides  a  foot 
long.  The  solid  contents  of  the  cube  were  equal  to 
the  amphora. 

"  Pes  longo  in  spatio  latoque  altoque  noletur : 
Angulus  ut  par  sit,  quern  claudit  linea  triplex, 
Quatuor  et  medium  quadris  cingatur  inane : 
Amphora  Jit  cubus."11 

*CU'CULUS,  the  Cuckoo.  (Vid.  Coccyx.) 
CUCULLUS,  a  Cowl.  As  the  cowl  was  intend- 
ed to  be  used  in  the  open  air,  and  to  be  drawn  over 
the  head  to  protect  it  from  the  injuries  of  the  weath- 
er, instead  of  a  hat  or  cap,  it  was  attached  only  to 
garments  of  the  coarsest  kind.  Its  form  may  be 
conceived  from  the  woodcut  at  page  132.  It  is 
there  represented  as  worn  by  a  Roman  shepherd, 
agreeably  to  the  testimony  of  Columella.18  The 
cucullus  was  also  used  by  persons  in  the  higher 
circles  of  society,  when  they  wished  to  go  abroad 
without  being  known.13 

The  use  of  the  cowl,  and  also  of  the  cape  (vid. 
Birrus),  which  served  the  same  purpose,  was  al- 
lowed to  slaves  by  a  law  in  the  Codex  Theodo- 
sianus.14  Cowls  were  imported  into  Italy  from 
Saintes,  in  France  (Santonico  cucullo),li  and  from 
the  country  of  the  Bardaei,  in  Illyria.16  Those  from 
the  latter  locality  were  probably  of  a  peculiar  fash- 

1.  (Cod.  12,  tit.  5.)— 2.  (Suet.,  Ner.,  12.— Plin.,  Paneg.,  51.) 
-3.  (Ernesti  ad  Suet.,  1.  c.) — 1.  (Plato,  Symp.,  c.  16,  p.  190.)— 
5.  (II.,  xviii.,  605.— Od.,  iv.,  18.)— 6.  (Plato,  Euthyd.,  c.  55,  p. 
294.— Xen.,  Mem.,  i.,  3,  t)  9.— Symp.,  ii.,  14.— Athen.,  iv.,  p. 
129,  D.— Pollux,  Onom.,  iii.,  134.)— 7.  (Symp.,  ii.,  11.)— 8.  (See 
Tischbein,  Engravings  from  Ancient  Vases,  i.,  60.) — 9.  (Xen., 
Symp.,  vii.,  3.— See  Becker,  Charikles,  vol.  i.,  p.  499  ;  ii.,  p. 
287.) — 10.  (Warm,  De  Pond.  Mens.,  &c. — Hussey  on  Ancient 
Weights,  &c.)— 11.  (Rhem.  Fann.,  De  Pond.,  &c,  v.,  59-62.) 
—12.  (De  Re  Rustica,  xi.,  1.)— 13.  (Juv.,  vi.,  330.— Jul.  Cap., 
Vef.,  4.— Becker,  Gallus,  vol.  i.,  p.  333.)— 14.  (Vossius,  Etym. 
Ling.  Lat.,  s.  t  Birrus.)— 15.  (Juv.,  Sat.,  viii.,  145.— Schol.  in 
W  )— 16.  iJoL  Cap.,  Pertinax,  8.) 


ion,  which  gave  origin  to  the  torm  BardocucuRu* 
"  Liburnici  cuculli"  are  mentioned  by  Martial.1 

*CU'CUMIS,  the  Cucumber.  (Vid.  Colocynthb 
and  Sicys.) 

*CUCURBTTA,  the  Gourd.    ( Vid.  Colocynthe  ) 

CUDO  or  CUDON,  a  Scull-cap,  made  of  leather, 
or  of  the  rough,  shaggy  fur  of  arv  wild  animal,'* 
such  as  were  worn  by  the  vclites  of  the  Roman  ar- 
mies,3 and  apparently  synonymous  with  galerus1 
or  galericulus.5 

In  the  sculptures  on  the  column  of  Trajan,  some 
of  the  Roman  soldiers  are  represented  with  the 
skin  of  a  wild  beast  drawn  over  the  head,  in  such  a 
manner  that  the  face  appears  between  the  upper 
and  lower  jaws,  of  the  animal,  while  the  rest  of  the 
skin  falls  down  behind  over  the  back  and  shoulders, 
as  described  by  Virgil.6  This,  however,  was  an 
extra  defence,7  and  must  not  be  taken  for  the  cudo, 
which  was  the  cap  itself;  that  is,  a  particular  kind 
of  galea.  (Vid.  Galea.)  The  following  represen- 
tation of  a  cudo  is  taken  from  Choul's  Castramen. 
des  Anciens  Romains,  1581. 


CU'LEUS  or  CU'LLEUS,  a  Roman  measure, 
which  was  used  for  estimating  the  produce  of  vine- 
yards. It  was  the  largest  liquid  measure  used  by 
the  Romans,  containing  20  amphorae,  or  1 18  gallons 
7546  pints. 

"  Est  et,  bis  decies  quern  conficit  amphora  nostra, 
Cullcus  :  hac  major  nulla  est  mensura  liquoris."* 

CU'LEUS  or  CU'LLEUS.     (Vid.  Cornelia  Lex 

DE  SlCARIIS.) 

*CULEX,  the  Gnat.     (Vid.  Conops.) 

CULI'NA,  in  its  most  common  acceptation, 
means  a  place  for  cooking  victuals,  whether  the 
kitchen  of  a  private  habitation  (vid.  House),  or  the 
offices  attached  to  a  temple,  in  which  the  flesh  of 
the  victim  was  prepared  for  the  sacred  feasts  or  for 
the  priesthood.9 

It  signifies  also  a  convenience,  cabinet  d'aisance, 
secessum,  a<pedpuv.10  "  Quaedam  quotidie,  ut  culina 
et  caprile  ....  debent  emundari ;"  unless  the  con- 
jecture of  Schneider  is  admitted,  who  proposed  to 
read  "  suile  et  caprile." 

Lastly,  it  is  used  for  a  particular  part  of  the  fu- 
neral pyre,  or  of  the  bustum,  on  or  in  which  the  vi 
ands  of  the  funeral  feast  were  consumed.11    Com 
pare  an  anonymous  poet  in  Catalect. 

"  Neque  in  culinam  et  uncta  compitalia 
Dapesque  ducis  sordidas  ;" 

in  which  sense  it  corresponds  with  the  Greek  eve- 


rpa 


13 


'Ei-  ratatv  evarpatc  kovSvXocc  fiptiOTTOfinv. 

CULIX  (kvIi^,  dim.  kvUokij,  kvILvkiov),  a  com 
mon  Greek  drinking-cup,13  called  by  the  Romans 
calix.     The  name  was  sometimes  applied  to  large 

1.  (xiv.,  139.)— 2.  (Sil.  Ital.,  viii.,  495  ;  xvi.,  59.)— 3.  (Polyb., 
vi.,  20.)— 4.  (Virg.,  JEn.,  vii.,  688.)— 5.  (Frontin.,  Strategem., 
IV.,  vii.,  29.)— 6.  (JEn.,  vii.,  666.)— 7.  (Polyb.,  1.  c.)— 8.  (Rhem 
Fann.,  De  Pond.,  &c,  v.,  86,  87.)— 9.  (Inscrip.  ap.  Grut ,  xhx., 
3.— ap.  Biag.  Monum.  Gr.  et  Lat.  Mus.  Nan.,  p.  188.— ap.  Mar., 
485,  8.)— 10.  (Isid.,  Gloss.  Philox—  Columell.,  ».,  15.)  — 11 
(Festus,  s.  v.  Culina  ;  and  vid.  Bustirapi,  p-  169.)— 12.  (Aril 
toph.,  Equit.,  1232,  ed.  Bekk.)— 13.  (Pollux,  Onom.  v-  ,  95  > 

325 


CULPA. 


CULPA. 


cups  or  vessels,1  but  was  generally  restricted  to 
small  drinking-cups  used  at  symposia  and  on  simi- 
lar occasions  (tjv  jjfitv  ol  naldeg  fjinpalq  kvKl^i  ttvkvo, 
ETriipaKd^oaiv2).  The  Kvlii-  is  frequently  seen  in 
paintings  on  ancient  vases  which  represent  drinking 
scenes,  and  when  empty,  is  usually  held  upright  by 
one  of  its  handles,  as  shown  in  the  annexed  wood- 
cut. 

Atheneeus3  informs  us  that  these  cups  were  usu- 
ally made  of  earthenware,  and  that  the  best  kind 
were  manufactured  in  Attica  and  Argolis. 


The  following  woodcut,  which  is  referred  to  w 
several  articles,  is  taken  from  Millin,1  and  repre 
sents  a  symposium.  Three  young  and  two  older 
men  are  reclining  on  a  couch  (kXlvtj),  with  their  left 
arms  resting  on  striped  pillows  (jrpoaKe^alata  n*- 
virayKuvta).  Before  the  couch  are  two  tables. 
Three  of  the  men  are  holding  the  avlci-  suspended 
by  one  of  the  handles  to  the  fore-finger ;  the  fourth 
holds  a  tyiakrj  (vid.  Phiala  );  and  the  fifth  a  <f>ia3.ii 
in  one  hand  and  a  pvrov  in  the  other.  ( Vid.  Ruton  ) 
In  the  middle  Komos  is  beating  the  tympanum.3 


\> 


CULPA.  The  general  notion  of  damnum,  and 
the  nature  of  dolus  malus,  are  most  conveniently 
explained  under  this  head. 

Damnum  is  injury  done  by  one  man  to  the  prop- 
erty of  another,  and  done  illegally  (injuria,  i.  e.,  con- 
tra jus)  ;  for  this  is  the  meaning  of  injuria  in  the 
actio  damni  injuria^  given  by  the  lex  Aquilia  ;*  and 
injuria,  in  this  sense,  must  not  be  confounded  with 
the  actio  injuriarum.5  This  damnum,  injuria  of  the 
lex  Aquilia,  is  done  by  culpa  or  by  dolus  malus ; 
for  damnum  done  without  culpa  or  dolus  malus  is 
casual  (casus),  and  the  doer  is  not  punishable. 
Damnum,  in  fact,  implies  injuria ;  and,  generally,  a 
man  is  not  bound  to  make  good  the  damage  done  by 
h;m  to  another  man's  property,  except  on  the  ground 
of  contract,  or  on  the  ground  of  illegal  act  where 
there  is  no  contract,  that  is  culpa  or  dolus. 

Neither  culpa  nor  dolus  can  be  taken  as  a  genus 
.which  shall  comprehend  the  species  culpa  and  do- 
lus, though  some  writers  have  so  viewed  these 
terms.  Dolus  malus  is  thus  defined  by  Labeo  :6 
■'Dolus  malus  est  omnis  calliditas,  fallacia,  machi- 
natio  ad  circumveniendum,  fallendum,  decipiendum 
alterum  adhibita."  Dolus  malus,  therefore,  has  ref- 
erence to  the  evil  design  with  which  an  act  is  ac- 
complished to  the  injury  of  another  ;  or  it  may  be 
the  evil  design  with  which  an  act  is  omitted  that 
ought  to  be  done.  The  definition  of  Aquilius,  a 
learned  jurist,  the  friend  of  Cicero,  and  his  col- 
league in  the  praetorship,7  labours  under  the  defect 
af  the  definition  of  Servius,  which  is  criticised  by 
A.abeo.8  This  seems  to  be  the  Aquilius  who,  by 
ihe  edict,  gave  the  action  of  dolus  malus  in  all  ca- 
aes  of  dolus  malus  where  there  was  no  legislative 
provision,  and  there  was  a  justa  causa.9 

It  is  generally  considered  that  culpa  may  be  ei- 
ther an  act  of  commission  or  omission  ;  and  that  an 
act  of  commission  may  fall  short  of  dolus,  as  not 
coming  within  the  above  definition,  but  it  may  ap- 
proach very  near  to  dolus,  and  so  become  culpa 
dolo  proxima.  But  the  characteristic  of  culpa  is 
omission.      It  is  true  that  the  damnum,  which  is 


1.  (Herod.,  iv.,  70.)— 2.  (Xen.,  Sympos.,  ii.,  26.)— 3.  (xi.,  p. 
480.)— 4.  (Gaius,  Hi.,  210.~Dig.  9,  tit.  2,  s.  5.)— 5.  (Gaius,  iii., 
220.)— 6.  (Dig.  4,  tit,  3,  s.  1.1—7.  (Off.,  iii.,  14.)— 8.  (Dig.  4,  tit. 
%9  l.)_9.  (Gic.DeNat.Deur.,  iii.,30.) 

326 


necessary  to  constitute  the  culpa,  is  thf.  consequence 
of  some  act ;  but  the  act  derives  its  culpose  char- 
acter from  an  act  omitted ;  otherwise  it  might  be 
casus,  or  casual  damage. 

Culpa,  then,  being  characterized  by  an  act  of 
omission  (negligentia),  or  omissio  diligentise,  the 
question  always  is,  how  far  is  the  person  charged 
with  culpa  bound  to  look  after  the  interest  of  anoth- 
er, or  to  use  diligentia.  There  is  no  such  general 
obligation,  but  there  is  such  obligation  in  particular 
cases.  Culpa  is  divided  into  lata,  levis,  and  levis« 
sima.  Lata  culpa  "  est  nimia  negligentia,  id  est. 
non  intelligere  quod  omnes  intelligunt."3  If,  then, 
one  man  injured  the  property  of  another  by  gross 
carelessness,  he  was  always  bound  to  make  good 
the  damage  (damnum  prsestare).  Such  culpa  was 
not  dolus,  because  there  was  not  intention  or  de- 
sign, but  it  was  as  bad  in  its  consequences  to  the 
person  charged  with  it. 

Levis  culpa  is  negligence  of  a  smaller  degree,  and 
the  responsibility  in  such  case  arises  from  contract. 
He  who  is  answerable  for  levis  culpa,  is  answerable 
for  injury  caused  to  the  property  of  another  by 
some  omission,  which  a  careful  person  could  or 
might  have  prevented.  For  instance,  in  the  case 
of  a  thing  lent  {vid.  Commodatum),  a  man  must 
take  at  least  as  much  care  of  it  as  a  careful  man 
does  of  his  own  property.  There  is  never  any  cul- 
pa if  the  person  charged  with  it  has  done  all  that 
the  most  careful  person  could  do  to  prevent  loss  or 
damage.  Levissima  culpa  came  within  the  mean- 
ing of  the  term  culpa  in  the  lex  Aquilia ;  that  is, 
any  injury  that  happened  to  one  man's  property 
through  the  conduct  of  another,  for  want  of  such 
care  as  the  most  careful  person  would  take,  was  a 
culpa,  and  therefore  punishable. 

The  word  culpa  occurs  very  frequently  in  the  Lat- 
in writers  in  a  great  variety  of  meanings  ;  but  the 
characteristic  of  such  meanings  is  "  carelessness" 
or  "  neglect."  Hence  may  be  explained  the  pas- 
sage of  Horace,* 

"  Post  hoc  ludus  crat  culpa  potare  magistra ;'' 
which  means  to  have  no  magister  at  all,  cr,  as  th< 

1.  (Peintures  de  Vases  Antiques,  vol.  ii.. pi.  58.)— 2.  (Becker 
Charikles,  vol.  i.,  p.  505  ;  vol.  ii.,  p.  499  /— 3.  (Dig.  50,  tit.  1* 
a.  213.)—4.  fSat.,  II.,  ii.,  123.) 


CULTRARIUS. 


CUFRESSUS. 


sohoiiast  explains  it,  "  libere  potare."  The  absurd- 
ity of  the  explanation  grafted  on  this  scholium,  is 
only  equalled  by  the  absurdity  of  Bentley's  emen- 
dation of  cupa  for  culpa. 

CULTER  (probably  from  cello,  pcrcello ;  dim.  cvl- 
tellus,  Engl,  coulter ;  in  southern  Germany,  das  hol- 
ier ;  French,  couteau ;  ■  Greek,  puxaipa,  icoiric,  or 
a<payic),  a  knife  with  only  one  edge,  which  formed  a 
straight  line.  The  blade  was  pointed  and  its  back 
curved.  It  was  used  for  a  variety  of  purposes, 
but  chiefly  for  killing  animals,  either  in  the  slaugh- 
ter-house, or  in  hunting,  or  at  the  altars  of  the  gods.1 
Hence  the  expressions  bovem  ad  cultrum  etnere, 
"  to  buy  an  ox  for  the  purpose  of  slaughtering  it  ;"9 
me  sub  cultro  linquit,  "  he  leaves  me  in  a  state  like 
that  of  a  victim  dragged  to  the  altar  ;"3  se  ad  cul- 
trum locarc,  "  to  become  a  bestiarius."4  From  some 
of  the  passages  above  referred  to,  it  would  appear 
that  the  culter  was  carried  in  a  kind  of  sheath. 
The  priest  who  conducted  a  sacrifice  never  killed 
the  victim  himself;  but  one  of  his  ministri,  ap- 
pointed for  that  purpose,  who  was  called  either  by 
the  general  name  minister,  or  the  more  specific  popa 
or  cultrarius.5  A  tombstone  of  a  cultrarius  is  still 
extant,  and  upon  it  *wo  cultri  are  represented,6 
which  are  copied  in  tne  annexed  woodcut. 


T 


Q  TTBVRTI.Q.Ii 

MENOLAJtfl 

CVXTRAKl.   OSS  A 
HEIC.SrTA  .  SVNT 


I 


The  name  culter  was  also  applied  to  razors7  and 
krtchen-knives.8  That  in  these  cases  the  culter 
was  different  from  those  above  represented,  and 
most  probably  smaller,  is  certain ;  since,  whenever 
it  was  used  for  shaving  or  domestic  purposes,  it 
was  always  distinguished  from  the  common  culter 
by  some  epithet,  as  culler  tonsorius,  culter  coquina- 
ris.  Fruit-knives  were  also  called  cultri ;  but  they 
were  of  a  smaller  kind  (cultclli),  and  made  of  bone 
or  ivory.9  Columella,  who10  gives  a  very  minute 
description  of  a  falx  vinitoria,  a  knife  for  pruning 
vines,  says  that  the  part  of  the  blade  nearest  to  the 
handle  was  called  culter  on  account  of  its  similari- 
ty to  an  ordinary  culter,  the  edge  of  that  part  form- 
ing a  straight  line.  This  culter,  according  to  him, 
was  to  be  used  when  a  branch  was  to  be  cut  off 
which  required  a  hard  pressure  of  the  hand  on  the 
knife.  The  name  culter,  which  was  also  applied  to 
the  sharp  and  pointed  iron  of  the  plough,11  is  still 
extant  in  English,  in  the  form  coulter,  to  designate 
(he  same  thing.     (Vid.  Aratrum.) 

The  expression  in  cultrum  or  in  cultro  collocatus13 
signifies  placed  in  a  perpendicular  position. 

CULTRA'RIUS.     (Vid.  Culter.) 

1.  (Liv.,  iii.,  48. —  Scribonius,  Compos.  Med.,  13. — Suet..  Oc- 
tav.,  9.— Plaut.,  Rud.,  I.,  ii.,  45.— Virg\,  Georg.,  iii.,  492.— Ovid, 
Fast.,  i.,  321.)— 2.  (Varro,  De  Re  Rust.,  ii.,  5.)— 3.  (Hor.,  Sat., 
1.,  ix.,  74.)— 4.  (Senec,  Ep.,  87.)— 5.  (Suet.,  Call?.,  32.)— 6. 
(Gruter,  Inscript.,  vol.  ii.,  p.  640,  No.  11.)— 7.  (Cic,  De  Off.,  ii., 
7— Dm.,  vii.,  59.— Petron.,  Sat.,  108.)  — 8.  (Varro  ap.  Non., 
ni  ,  332.)— 9.  (Columell.,  xii.,  14, 45.— Plin.,  xii.,  25.— Scribon.,  c. 
83.)-10.  (iv.,  25.)— 11.  (Plin.,  H.  N.,  xviii..  18,  48.)— 12.  (Vi- 
tmv  .  x.,  10,  11.) 


*CUMI'NUM  or  CYMFNUM  (iwfuvpv),,  ■  Cumin, 
an  umbelliferous  plant,  of  annual  duration,  found  wild 
in  Egypt  and  Syria,  and  cultivated  from  time  imme- 
morial for  the  sake  of  its  agreeable  aromatic  fruit, 
which,  like  that  of  caraway,  dill,  anise,  &c.,  possess 
es  well-marked  stimulating  and  carminative  prop 
erties."  The  seeds  were  used  by  the  ancients  as 
a  condiment,  and  the  mode  of  preparing  what  was 
termed  the  cuminatum  is  given  by  Apicius.1  Drinking 
a  decoction  of  cumin  produced  paleness,  and  hence 
the  allusion  in  Horace  to  the  "  exsangue  cuminum."* 
Pliny3  says  it  was  reported  that  the  disciples  of  Por- 
cius  Latro,  a  famous  master  of  the  art  of  speaking, 
used  it  to  imitate  that  paleness  which  he  had  con- 
tracted from  his  studies.*  The  ancients  used  to 
place  cumin  on  the  table  in  a  small  vessel,  like 
salt ;  the  penurious  were  sparing  of  its  use  in  this 
way,  whence  arose  the  expressions  KVfuvoTrpio-Tijc, 
"  a  splitter  of  cumin-seed,"  analogous  to  Kapdafioy- 
Ivtyoc,  "a  cutter  or  scraper  of  cresses,"  and  in  Latin 
cuminisector,  to  denote  a  sordid  and  miserly  per- 
son.5 It  can  admit  of  no  doubt,  according  to  Adams, 
that  the  kv\ilvov  f/fiepov  of  Dioscorides,  which  is  the 
only  species  treated  of  by  Hippocrates  and  Galen, 
was  the  Cuminum  cymwum,  L.  Of  the  two  varie 
ties  of  the  Kvfitvov  ayptov  described  by  Dioscorides, 
the  first,  according  to  Matthiolus  and  Sprengel,  is 
the  Lagacia  cuminoides,  L.  ;  the  other,  most  proba- 
bly, the  Nigella  arvensis,  or  wild  Fennel  flower. 

CU'NEUS  was  the  name  applied  to  a  body  of 
foot-soldiers,  drawn  up  in  the  form  of  a  wedge,  for 
the  purpose  of  breaking  through  an  enemy's  line. 
The  common  soldiers  called  it  a  caput  porcinum,  or 
pig's  head. 

The  wedge  was  met  by  the  "  forfex"  or  shears, 
a  name  given  to  a  body  of  men  drawn  up  in  the 
form  of  the  letter  V,  so  as  to  receive  the  wedge  be- 
tween two  lines  of  troops.6  The  name  cuneus  was 
also* pplied  to  the  compartments  of  seats  in  circu- 
lar or  semicircular  theatres,  which  were  so  arranged 
as  to  converge  to  the  centre  of  the  theatre,  and  di 
verge  towards  the  external  walls  of  the  building, 
with  passages  between  each  compartment. 

CUNFCULUS  (vTiovofioc).  A  mine  or  passage 
under  ground  was  so  called,  from  its  resemblance  to 
the  burrowing  of  a  rabbit.     Thus  Martial7  says, 

"  Gaudet  in  effossis  habitare  cuniculus  antris, 
Monstravit  tacitas  hostibus  ille  vias." 

Fidenae  and  Veii  are  said  to  have  been  taken  by 
mines,  which  opened,  one  of  them  into  the  citadel, 
the  other  into  the  Temple  of  Juno.8  Niebuhr9  ob- 
serves that  there  is  hardly  any  authentic  instance 
of  a  town  being  taken  in  the  manner  related  of  Veii, 
and  supposes  that  the  legend  arose  out  of  a  tradi- 
tion that  Veii  was  taken  by  means  of  a  mine,  by 
which  a  part  of  the  wall  was  overthrown. 

♦CUNICULUS,  the  Rabbit,  the  same  with  the 
Greek  daovwovc.     (Vid.  Dasypus.) 

*CUNFLA,  Savory,  or  wild  Marjoram,  a  plant  of 
which  there  are  several  kinds  :  1.  The  Sativa  is  also 
called  Satureia,  and  was  used  as  a  condiment.  ( Vid. 
Thymbra.)— 2.  The  Bubula  is  the  wild  Origany. 
(Vid.  Origanus.) — 3.  The  Gallinacea  is  the  same 
with  Cumlago,  or  Flea-bane.10 

*CUPRESSUS  (Kvirdpicooc),  the  Cypress,  or  Cu- 
pressus  Sempervirens,  L.  The  Cypress  was  a  fune- 
real tree  among  the  ancients.  Branches  of  this 
tree  were  placed  at  the  doors  of  deceased  persons. 
It  was  consecrated  to  Pluto,  because,  according  to 
popular  belief,  when  once  cut,  it  never  grew  again, 
and  it  was  also  accustomed  to  be  placed  around 


I.  (i.,  29.)— 2.  (Epist.,i.,  19,  18.)— 3.  (H.  N.,  xx.,  57.)— 4.  (1. 
c.)— 5.  (Billerbeck,  Flora  Classica,  p.  79.)— 6.  (Veget.,  i-,.,  19.) 
-7.  (xiii.,  60.)— 8.  (Liv.,  iv.,  22;  v.,  19.)— 9.  (Hist.  Rom  ,  ii., 
483,  transl.)— 10.  (Plin.,  II.  N.,  xix.,  8  j  xx.,  16.) 

327 


CURATOR. 


CURATOR. 


the  funeral  piles  of  the  noble  and  wealthy.     Its 
dark  foliage  also  gave  it  a  funereal  air.1 

♦CUPRUM,  Copper.    ( Vid.  Ms  and  Chalcos.) 

CURA.     {Vid.  Curator.) 

CURATE'LA.     (Vid.  Curator.) 

CURATIO.     (Vid.  Curator.) 

CURA'TOR.  Up  to  the  time  of  pubertas,  every 
Roman  citizen  was  incapable  of  doing  any  legal 
act,  or  entering  into  any  contract  which  might  be 
injurious  to  him.  The  time  when  pubertas  was  at- 
tained was  a  matter  of  dispute ;  some  fixed  it  at 
che  commencement  of  the  age  of  procreation,  and 
some  at  the  age  of  fourteen.2  In  all  transactions  by 
the  impubes,  it  was  necessary  for  the  auctoritas  of 
the  tutor  to  be  interposed.  ( Vid.  Auctoritas,  Tu- 
tor.) With  the  age  of  puberty,  the  youth  attained 
the  capacity  of  contracting  marriage  and  becoming 
a  paterfamilias :  he  was  liable  to  military  service, 
and  entitled  to  vote  in  the  comitia;  and,  consist- 
ently with  this,  he  was  freed  from  the  control  of  a 
tutor.  Females  who  had  attained  the  age  of  pu- 
berty became  subject  to  another  kind  of  tutela,  which 
is  explained  in  its  proper  place.     (Vid.  Tutela.) 

With  the  attainment  of  the  age  of  puberty  by  a 
Roman  youth,  every  legal  capacity  was  acquired 
which  depended  on  age  only,  with  the  exception  of 
the  capacity  for  public  offices,  and  there  was  no 
rule  about  age,  even  as  to  public  offices,  before  the 
passage  of  the  lex  Villia.  (Vid.  JEdiles,  p.  25.) 
It  was,  however,  a  matter  of  necessity  to  give  some 
legal  protection  to  young  persons,  who,  owing  to 
their  tender  age,  were  liable  to  be  overreached  ; 
and,  consistently  with  the  development  of  Roman 
jurisprudence,  this  object  was  effected  without  in- 
terfering with  the  old  principle  of  full  legal  capacity 
being  attained  with  the  age  of  puberty.  This  was 
accomplished  by  the  lex  Plaetoria  (the  true  name 
of  the  lex,  as  Savigny  has  shown),  the  date  of  which 
is  not  known,  though  it  is  certain  that  the  la\*  ex- 
isted when  Plautus  wrote.*  This  law  established 
a  distinction  of  age,  which  was  of  great  practical 
importance,  by  forming  the  citizens  into  two  class- 
es, those  above  and  those  below  twenty-five  years 
of  age  (minores  viginti  quinque  annis),  whence  a 
person  under  the  last-mentioned  age  was  sometimes 
simply  called  minor.  The  object  of  the  lex  was 
to  protect  persons  under  twenty-five  years  of  age 
against  all  fraud  (dolus).  The  person  who  was 
guilty  of  such  a  fraud  was  liable  to  a  judicium  pub- 
licum,* though  the  offence  was  such  as  in  the  case 
of  a  person  of  full  age  would  only  have  been  matter 
of  action.  The  punishment  fixed  by  the  lex  Plaeto- 
ria was  probably  a  pecuniary  penalty,  and  the  con- 
sequential punishment  of  infamia  or  loss  of  political 
rights.  The  minor  who  had  been  fraudulently  led 
to  make  a  disadvantageous  contract  might  protect 
himself  against  an  action  by  a  plea  of  the  lex  Plae- 
toria (exceptio  legis  Platorice).  The  lex  also  appears 
to  have  farther  provided  that  any  person  who  dealt 
with  a  minor  might  avoid  all  risk  of  the  consequen- 
ces of  the  Plaetoria  lex,  if  the  minor  was  aided  and 
assisted  in  such  dealing  by  a  curator  named  or 
chosen  for  the  occasion.  But  the  curator  did  not 
act  like  a  tutor :  it  can  hardly  be  supposed  that  his 
consent  was  even  necessary  to  the  contract ;  for  the 
minor  had  full  legal  capacity  to  act,  and  the  busi- 
ness of  the  curator  was  merely  to  prevent  his  being 
defrauded  or  surprised. 

The  praetorian  edict  carried  still  farther  the  prin- 
ciple of  the  lox  Plaetoria,  by  protecting  minors  gen- 
erally against  positive  acts  of  their  own,  in  all  cases 
in  which  the  consequences  might  be  injurious  to 
them.     This  was  done  by  the  "  in  integrum  restitu- 

1    (Plin  ,  H.  N.,  xvi.,  33.— Virg.,  .En.,  v.,  64.— Horat.,  Cairn., 
li.    14,  23.)— 2.  (Gams,  i.,  196.)*  ?.  (rseudolus,  i.,  3,  69.)— 4. 
fCic  ,  De  Nat.  De«>r.,  iii.,  30.) 
328 


tio :"  the  praetor  set  aside  transactions  of  this  de- 
scription, not  only  on  the  ground  of  fraud,  but  on  s 
consideration  of  all  the  circumstances  of  the  case. 
But  it  was  necessary  for  the  minor  to  make  appli- 
cation to  the  praetor,  either  during  his  minority  or 
within  one  year  after  attaining  it,  if  he  claimed  the 
restitutio  ;  a  limitation  probably  founded  on  the  lex 
Plaetoria.  The  provisions  of  this  lex  were  thus  su 
perseded  or  rendered  unnecessary  by  the  jurisdic- 
tion of  the  praetor,  and,  accordingly,  we  find  very 
few  traces  of  the  Plaetorian  law  in  the  Roman  jurists. 

Ulpian  and  his  contemporaries  speak  of  ado- 
lescentes,  under  twenty-five  years  of  age,  being 
under  the  general  direction  and  advice  of  cura- 
tores,  as  a  notorious  principle  of  law  at  that  time.1 
The  establishment  of  this  general  rule  is  attribu- 
ted by  Capitolinus8  to  the  Emperor  M.  Aurelius, 
in  a  passage  which  has  given  rise  to  much  dis- 
cussion. We  shall,  however,  adopt  the  explana- 
tion of  Savigny,  which  is  as  follows  :  Up  to  the 
time  of  Marcus  Aurelius  there  were  only  three 
cases  or  kinds  of  curatela:  1.  That  which  was 
founded  on  the  lex  Plaetoria,  by  which  a  minor  who 
wished  to  enter  into  a  contract  with  another,  asked 
the  praetor  for  a  curator,  stating  the  ground  or  oc 
casion  of  the  petition  (reddita  causa).  One  object 
of  the  application  was  to  save  the  other  contracting 
party  from  all  risk  of  judicial  proceedings  in  conse- 
quence of  dealing  with  a  minor.  Another  object 
was  the  benefit  of  the  applicant,  (the  minor) ;  for  no 
prudent  person  would  deal  with  him,  except  with 
the  legal  security  of  the  curator3  ("Lex  me  perdit 
quinavicenaria  :  metuunt  credere  omnes").  2.  The 
curatela,  which  was  given  in  the  case  of  a  man 
wasting  his  substance,  who  was  called  "  prodigus." 
3.  And  that  in  the  case  of  a  man  being  of  unsound 
mind,  "demens,"  "furiosus."  In  both  the  last- 
mentioned  cases  provision  was  made  either  by  the 
law  or  by  the  praetor.  Curatores  who  were  deter- 
mined by  the  law  of  the  Twelve  Tables  were  called 
legitimi ;  those  who  were  named  by  the  praetor  were 
called  honorarii.  A  furiosus  and  prodigus,  what- 
ever might  be  their  age,  were  placed  under  the  cura 
of  their  agnati  by  the  law  of  the  Twelve  Tables. 
When  there  was  no  legal  provision  for  the  appoint 
ment  of  a  curator,  the  praetor  named  one.  Cuia 
tores  appointed  by  a  consul,  praetor,  or  governor  of 
a  province  (prases),  were  not  generally  required  to 
give  security  for  their  proper  conduct,  having  been 
chosen  as  fit  persons  for  the  office.  What  the  lex 
Plaetoria  required  for  particular  transactions,  the 
Emperor  Aurelius  made  a  general  rule,  and  all  mi- 
nors, without  exception,  and  without  any  special 
grounds  or  reasons  (non  redditis  c^vsis),  were  re- 
quired to  have  curatores. 

The  following  is  the  result  of  Savigny's  investi- 
gations into  the  curatela  of  minors  after  the  consti- 
tution of  M.  Aurelius.  The  subject  is  one  of  con- 
siderable difficulty,  but  it  is  treated  with  the  most 
consummate  skill,  the  result  of  complete  knowledge 
and  unrivalled  critical  sagacity.  The  minor  only 
received  a  general  curator  when  he  made  application 
to  the  praetor  for  that  purpose  :  he  had  the  right  of 
proposing  a  person  as  curator,  but  the  praetor  might 
reject  the  person  proposed.  The  curator,  on  being 
appointed,  had,  without  the  concurrence  of  the  mi- 
nor, as  complete  power  over  the  minor's  property 
as  the  tutor  had  up  to  the  age  of  puberty.  He  could 
sue  in  respect  of  the  minor's  property,  get  in  debts, 
and  dispose  of  property  like  a  tutor.  But  it  was 
only  the  property  which  the  praetor  intrusted  to  him 
that  he  managed,  and  not  the  acquisitions  of  the 
minor  subsequent  to  his  appointment ;  and  herein 
he  differed  from  a  tutor,  who  had  the  care  of  all  the 

1.  (Dig.  4,  tit.  4. — De  Minorihus  xxv.  Annis.;— 2.  (M.  La 
ton,  c.  10.)— 3.  (Plaut.,  Pseudolus,  i.,  3,  69.) 


CURATOR. 


CURATORES. 


property  of  the  pupillus.  If  it  was  intended  that 
the  curator  should  have  the  care  of  that  which  the 
minor  acquired  after  the  curator's  appointment,  by 
will  or  otherwise,  a  special  application  for  this  pur- 
pose was  necessary.  Thus,  as  to  the  property 
which  was  placed  under  the  care  of  the  curator, 
hoth  as  regards  alienation  and  the  getting  in  of 
debts,  the  minor  was  on  the  same  footing  as  the 
prodigus  :  his  acts  in  relation  to  such  matters,  with- 
out the  curator,  were  void.  But  the  legal  capacity 
of  the  minor  to  contract  debts  was  not  affected  by 
the  appointment  of  a  curator,  and  he  might  be  sued 
on  his  contract  either  during  his  minority  or  after. 
Nor  was  there  any  inconsistency  in  this  :  the  minor 
could  not  spend  his  actual  property  by  virtue  of  the 
power  of  the  curator,  and  the  preservation  of  his 
property  during  minority  was  the  object  of  the  cu- 
rator's appointment.  But  the  minor  would  have 
been  deprived  of  all  legal  capacity  for  doing  any  act 
if  he  could  not  have  become  liable  on  his  contract. 
The  contract  was  not  in  its  nature  immediately  in- 
jurious, and  when  the  time  came  for  enforcing  it 
against  the  minor,  he  had  the  general  protection  of 
the  restitutio.  If  the  minor  wished  to  be  adrogated 
{yid.  Adoptio),  it  was  necessary  to  have  the  consent 
of  the  curator.  It  is  not  stated  in  the  extant  au- 
thorities what  was  the  form  of  proceeding  when  it 
was  necessary  to  dispose  of  any  property  of  the  mi- 
nor by  the  mancipatio  or  in  jure  cessio  ;  but  it  may 
be  safely  assumed  that  the  minor  acted  (for  he  alone 
could  act  on  such  an  occasion)  and  the  curator  gave 
his  consent,  which,  in  the  case  supposed,  would  be 
analogous  to  the  auctoritas  of  the  tutor.  But  it 
would  differ  from  the  auctoritas  in  not  being,  like 
the  auctoritas,  necessary  to  the  completion  of  the 
legal  act,  but  merely  necessary  to  remove  all  legal 
objections  to  it  when  completed. 

The  cura  of  spendthrifts  and  persons  of  unsound 
mind,  as  already  observed,  owed  its  origin  to  the 
laws  of  the  Twelve  Tables.  The  technical  word 
for  a  person  of  unsound  mind  in  the  Twelve  Tables 
\h  furiosus,  which  is  equivalent  to  demens ;  and  both 
vords  are  distinguished  from  insanus.  Though  fu- 
ror implies  violence  in  conduct,  and  dementia  only 
mental  imbecility,  there  was  no  legal  difference  be- 
tween the  two  terms,  so  far  as  concerned  the  cura. 
Insania  is  merely  weakness  of  understanding  (stul- 
titia  constantia,  id  est,  sanitate  vacans1),  and  it  was 
not  provided  for  by  the  laws  of  the  Twelve  Tables. 
In  later  times,  the  praetor  appointed  a  curator  for  all 
persons  whose  infirmities  required  it.  This  law  of 
the  Twelve  Tables  did  not  apply  to  a  pupillus  or  pu- 
pilla.  If,  therefore,  a  pupillus  was  of  unsound  mind, 
the  tutor  was  his  curator.  If  an  agnatus  was  the 
curator  of  a  furiosus,  he  had  the  power  of  alienating 
the  property  of  the  furiosus.2  The  prodigus  only 
received  a  curator  upon  application  being  made  to  a 
magistratus,  and  a  sentence  of  interdiction  being 
pronounced  against  him  (ei  bonis  interdictum  est3). 
The  form  of  the  interdictio  was  thus  :  "  Quando  tibi 
bona  paterna  avitaque  nequitia  tua  disperdis,  liber- 
osque  tuos  ad  egestatem  perducis,  ob  earn  rem  tibi 
ea  re  commercioque  interdico."  The  cura  of  the 
prodigus  continued  till  the  interdict  was  dissolved. 
It  might  be  inferred  from  the  form  of  the  interdict, 
that  it  was  limited  to  the  case  of  persons  who  had 
children ;  but  perhaps  this  was  not  so. 

It  will  appear  from  what  has  been  said,  that, 
whatever  similarity  there  may  be  between  a  tutor 
and  a  curator,  an  essential  distinction  lies  in  this, 
that  the  curator  was  specially  the  guardian  of  prop- 
erty, though  in  the  case  of  a  furiosus  he  must  also 
have  been  the  guardian  of  the  person.  A  curator 
must,  of  course,  be  legally  qualified  for  his  functions, 

1.  (Cic  ,  Tusc.  Quaest.,  iii.,  5.)— 2.  (Gains,  ii.,  64.)— 3.  (Com- 
pai?  Cic,  De  Senec,  c.  7.) 
Tt 


and  he  was  hound,  when  appointed,  to  accept  the 
duty,  unless  he  had  some  legal  exemption  (excusa- 
tio).  The  curator  was  also  bound  to  account  at 
the  end  of  the  curatela,  and  wras  liable  to  an  action 
for  misconduct. 
The  word  cura  has  also  other  legal  applications : 

1.  Cura  bonoium,  in  the  case  of  the  goods  of  a  debt- 
or, which  are  secured  for  the  benefit  of  his  creditors. 

2.  Cura  bonorum  et  ventris,  in  the  case  of  a  t*  oman 
being  pregnant  at  the  death  of  her  husband.  3.  Cu- 
ra hereditatis,  in  case  of  a  dispute  as  to  who  is  the 
heres  of  a  person,  when  his  supposed  child  is  under 
age.  4.  Cura  hereditatis  jaccntis,  in  the  case  of  a 
property,  when  the  heres  had  not  yet  declared 
whether  or  not  he  would  accept  the  inheritance. 
5.  Cura  bonorum  abscntis,  in  the  case  of  property 
of  an  absent  person  who  had  appointed  no  manager 
of  it. 

This  view  of  the  curatela  of  minors  is  from  an 
essay  by  Savigny,  who  has  handled  the  whole  mat- 
ter in  a  way  equally  admirable,  both  for  the  scien- 
tific precision  of  the  method,  and  the  force  and  per- 
spicuity of  the  language.1 

CURATO'RES  were  public  officers  of  various 
kinds  under  the  Roman  Empire,  several  of  whom 
were  first  established  by  Augustus.2  The  most  im- 
portant of  them  were  as  follow  : 

I.  Curatores  Alvei  et  Riparum,  who  had  the 
charge  of  the  navigation  of  the  Tiber.  The  duties 
of  their  office  may  be  gathered  from  Ulpian.3  It 
was  reckoned  very  honourable,  and  the  persons  who 
filled  it  received  afterward  the  title  of  comites. 

II.  Curatores  Annon^s,  who  purchased  corn 
and  oil  for  the  state,  and  sold  it  again  at  a  small 
price  among  the  poorer  citizens.  They  were  also 
called  curatores  emendi  frumenti  el  olei,  and  ocrtivat 
and  tXacuvat.*  Their  office  belonged  to  the  persona- 
lia munera ;  that  is,  it  did  not  require  any  expendi- 
ture of  a  person's  private  property  ;  but  the  curatores 
received  from  the  state  a  sufficient  sum  of  money 
to  purchase  the  required  amount.6 

III.  Curatores  Aquarum.  (Vid.  Aqu^e  Ductus, 
p.  75.) 

IV.  Curatores  Kalendarii,  who  had  the  care 
in  municipal  towns  of  the  kalendaria,  that  is,  the 
books  which  contained  the  names  of  the  persons  to 
whom  public  money,  which  was  not  wanted  for  the 
ordinary  expenses  of  the  town,  was  lent  on  interest. 
The  office  belonged  to  the  personalia  munera.6 
These  officers  are  mentioned  in  inscriptions  found 
in  municipal  towns.7 

V.  Curatores  Ludorum,  who  had  the  care  of 
the  public  games.  Persons  of  rank  appear  to  have 
been  usually  appointed  to  this  office.8  In  inscrip- 
tions, they  are  usually  called  curatores  muneris  gla- 
diator ii,  &c. 

VI.  Curatores  Operum  Publicorum,  who  had 
the  care  of  all  public  buildings,  such  as  the  theatres, 
baths,  aquaeducts,  &c,  and  agreed  with  the  con- 
tractors for  all  necessary  repairs  to  them.  Their 
duties,  under  the  Republic,  were  discharged  by  the 
aediles  and  censors.  (Vid.  Censores,  p.  229.)  They 
are  frequently  mentioned  in  inscriptions.9 

VII.  Curatores  Regionum,  who  had  the  care  of 
the  fourteen  districts  into  which  Rome  was  divided 


1.  (Von  dem  Schutz  Jer  Minderjihrigcn,  Zeitschrift.,  x. — Sa- 
vigny, Vom  Beruf,  &c,  p.  102. — Gaius,  i.,  197.— Ulp.,  Frag  , 
xii. — Dirksen,  Uebersicht,  &c,  Tab.  v.,  Frag.  7. — Mackeldcy, 
Lehrbuch  des  hcutigen  Romischen  Rechts. — Thibaut,  System 
des  Pandekten-Rechts. — Marezoll,  Lehrbuch,  &c. — A  reference 
to  these  authorities  will  enable  the  reader  to  carry  his  investiga- 
tions farther,  and  to  supply  what  is  purposely  omitted  in  the 
above  sketch.)— 2.  (Suet.,  Oc  it.,  37.)— 3.  (Dig.  43,  tit.  15.) — 
4.  (Dig-.  50,  tit.  5,  s.  18,  t>  5.1—$  (Dig.  50,  tit.  8,  s.  9,  <>  5.)-6. 
(Dig.  50,  tit.  4,  s.  18,  $  2;  tit.  8,  s.  9,  £  7.— Ueinecc.  Antiq. 
Rom.,  iii.,  15,  4.)— 7.  (Orelli,  Inscrip-,  No.  3940,  4491.)-  *  (T* 
cit.,  Ann.,  xi.,  35  ;  xiii.,  22.— Suet..  Cal  ,  27.)— 9.  rOrelli,  U< 
scrip.,  No.  24,  1506,  2273.) 

329 


CURLE. 


KYRIOS. 


under  the  emperors,  and  whose  duty  it  was  to  pre- 
vent all  disorder  and  extortion  in  their  respective 
districts.  This  office  was  first  instituted  by  Augus- 
tus.1 There  were  usually  two  officers  of  this  kind 
for  each  district  ;  Alexander  Severus,  however, 
appears  to  have  appointed  only  one  for  each ;  but 
these  were  persons  of  consular  rank,  who  were  to 
have  jurisdiction  in  conjunction  with  the  praefectus 
urbi.3  We  are  told  that  Marcus  Antoninus,  among 
other  regulations,  gave  special  directions  that  the 
curatores  regionum  should  either  punish,  or  bring 
before  the  praefectus  urbi  for  punishment,  all  per- 
sons who  exacted  from  the  inhabitants  more  than 
the  legal  taxes.3 

VIII.  Curatores  Reipublic^e,  also  called  Lo- 
gist^e,  who  administered  the  landed  property  of 
municipia.*  Ulpian  wrote  a  separate  work,  De  Of- 
ficio Curatoris  Reipublica. 

IX.  Curatores  Viarum.     (Vid.  Yije.) 
KYRBEIS  (Kvpdetc).     (Vid.  Axones.) 
CU'RIA.     (Vid.  Curiae.) 

CU'RLE.  The  accounts  which  have  come  down 
to  us  of  the  early  ages  of  Rome,  represent  the 
burghers  or  proper  citizens  (the  populus  of  the  An- 
nals) to  have  been  originally  divided  into  three 
tribes,  the  Ramnes,  Titienses,  and  Luceres.5  (Vid. 
Tribus.)  Each  cf  these  tribes  was  composed  of  a 
union  of  ten  curiae  (^parpiaC)  or  wards,  so  that  the 
whole  number  of  the  latter  was  thirty.  Again, 
each  of  these  thirty  curiae  was  formed  of  gentes  or 
houses,  the  families  constituting  which  were  not  of 
necessity  related ;  just  as  at  Athens  the  yevvfirai 
or  members  of  a  yivoc,  also  called  djuoydXaKrec, 
were  no  way  akin,  but  bore  this  name  solely  in  con- 
sequence of  their  union.6  Dionysius7  farther  in- 
forms us  that  Romulus  divided  the  curiae  into  de- 
cads,  i.  e.,  decads  of  gentes  or  houses,  at  the  head 
of  which  were  officers  called  decurions :  each  of 
the  three  tribes,  therefore,  was  originally  composed 
of  one  hundred  gentes  (vid.  Gens)  ;  and  as  in  the 
c«ld  legion  the  three  centuries  of  horse  corresponded 
to  the  three  tribes,  so  did  the  thirty  centuries  of 
foot  represent  the  same  number  of  curiae.  We 
need  not,  however,  infer  from  this  that  the  number 
i)f  soldiers  in  each  century  was  always  a  hundred.8 

The  curiae  whose  names  have  come  down  to  us 
are  only  seven :  the  Forensis,  Rapta,  Faucia  or 
Saucia,  Tatiensis,  Tifata,  Veliensis,  and  Velita. 
According  to  Livy,9  these  names  were  derived  from 
the  Sabine  women  carried  off  during  the  consualia; 
according  to  Varro,10  from  their  leaders  (dvdpeg  rjye- 
fioveg),  by  which  he  may  mean  Heroes  Eponymi  ;n 
others,  again,  connect  them  with  the  neighbouring 
pl.ices.12  The  poetical  story  of  the  rape  of  the  Sa- 
bine women  probably  indicates,  that  at  one  time  no 
cottnubium,  or  right  of  intermarriage,  existed  between 
the  Romans  and  the  Sabines  till  the  former  extorted 
it  by  force  of  arms.  A  more  intimate  union  would, 
of  course,  be  the  consequence. 

Each  of  these  thirty  curiae  had  a  president  (curio), 
who  performed  the  sacred  rights,  a  participation  in 
which  served  as  a  bond  of  union  among  the  mem- 
bers.1' The  curiones  themselves,  forming  a  college 
of  thirty  priests,  were  presided  over  by  the  curio 
maximus.  Moreover,  each  of  these  corporations 
had  its  common  hall,  also  called  curia,  in  which  the 
citizens  met  for  religious  and  other  purposes.1*  But, 
besides  the  lalls  of  the  old  corporations,  there  were 
also  other  curiae  at  Rome  used  for  a  variety  of  pur- 
poses :  thus  we  read  of  the  Curia  Saliorum,  on  the 


1.  (Suet.,  Octav.,  30.)— 2.  (Lamprid.,  Alex.  Sev.,  33.)— 3. 
(Jul.  Capitol.,  M.  Anton.,  12.) — 4.  (Dig-.  50,  tit.  8,  s.  9,  $  2 ;  2, 
tit.  14,  s.  37.)— 5.  (Liv.,  x.,  6.)— 6.  (Niebuhr,  Hist.  Rom.,  i., 
311,  transl.)— 7.  Hi.,  7.>-8.  (Varro,  De  Ling-.  Lat.,  lib.  iv.— Ar- 
nold, Hist.  Rom.,  vol.  i.,  p  25.)— 9.  (i.,  13.)— 10.  (Dionys.,  ii., 
47.)  — 11.  (Niebuhr,  Hist.  Rom.,  i.,  313,  transl.)  — 12.  (Plut., 
Rom.)— 13.  (Dionys.,  ii.,  7,  64.)— 14.  (Dionys.,  ii.,  23.) 
330 


Palatine  ;l  of  the  Curia  Calabra,  on  the  Capitoline 
said  to  have  been  so  called  from  calare,  because  th« 
pontifex  minor  there  proclaimed  to  the  people  the 
number  of  days  between  the  kalends  and  the  nones 
of  each  month.3  But  the  most  important  of  all  was 
the  curia  in  which  the  senate  generally  met ;  some- 
times simply  called  curia,  sometimes  distinguished 
by  the  epithet  Hostilia,  as  it  was  said  to  have  been 
built  by  Tullus  Hostilius.  This,  however,  was  d«- 
stroyed  by  fire,  and  in  its  place  Augustus  erected 
another,  to  which  he  gave  the  name  of  Curia  Julia, 
though  it  was  still  occasionally  called  the  Curia 
Hostilia.3 

The  reader  of  Niebuhr  will  be  aware  that  the 
curiae  (we  are  now  speaking  of  the  corporations) 
were  formed  of  the  original  burghers  of  the  three 
patrician  tribes,  whose  general  assembly  was  the 
comitia  curiata,  and  whose  representatives  original- 
ly formed  the  smaller  assembly  or  senate.  They 
were,  in  fact,  essentially  exclusive  bodies,  in  whose 
hands  were  the  whole  government  and  property  ol 
the  state  ;  for  the  plebs  which  grew  up  around  them, 
formed  as  it  was  of  various  elements,  but  not  in- 
cluded in  the  curiae,  had  for  a  long  time  no  share  in 
the  government  of  the  state  or  its  property.  Our 
own  country,  before  the  alteration  in  the  laws  rela- 
ting to  the  franchise  and  municipal  government,  ex- 
hibited a  parallel  to  this  state  of  things.  The  free- 
men in  many  instances  enjoyed  the  franchise,  and 
possessed  the  property  of  their  respective  boroughs, 
though  their  unprivileged  fellow-citizens  often  ex- 
ceeded them  both  in  numbers  and  influence.  But  il 
is  the  nature  of  all  exclusive  corporations  to  decline 
in  power  and  everything  else  :  and  so  it  was  at 
Rome  ;  for  in  the  later  ages  of  the  Republic,  the 
curiae  and  their  comitia  were  little  more  than  a 
name  and  a  form.  The  oblatio  curia,  under  the  em- 
perors, seems  to  show  that  to  belong  to  a  curia  was 
then  no  longer  an  honour  or  an  advantage,  but  a 
burden.* 

In  later  ages,  curia  signified  the  senate  of  a  colo- 
ny in  opposition  to  the  senatus  of  Rome.  (Vid. 
Colonia,  p.  282.)  Respecting  the  etymology  of  the 
word,  see  Comitia,  p.  295. 

CURIA'TA  COMI'TIA.     (Vid.  Comitia.) 

CURIO.     {Vid.  Curiae.) 

KYRTOS  (Hvpcne)  signifies  generally  the  person 
that  was  responsible  for  the  welfare  of  such  mem- 
bers of  a  family  as  the  law  presumes  to  be  incapa- 
ble of  protecting  themselves  ;  as,  for  instance,  mi- 
nors and  slaves,  and  women  of  all  ages.  Fathers, 
therefore,  and  guardians,  husbands,  the  nearest  male 
relatives  of  women,  and  masters  of  families,  would 
all  bear  this  title  in  respect  of  the  vicarious  func- 
tions exercised  by  them  in  behalf  of  the  respective 
objects  of  their  care.  The  qualifications  of  all 
these,  in  respect  of  which  they  can  be  combined  in 
one  class,  designated  by  the  term  nvpioc,  were  the 
male  sex,  years  of  discretion,  freedom,  and,  when 
citizens,  a  sufficient  share  of  the  franchise  (eTUTifiia) 
to  enable  them  to  appear  in  the  law-courts  as  plain- 
tiffs or  defendants  in  behalf  of  their  several  char- 
ges ;  in  the  case  of  the  Kvpiog  being  a  resident 
alien,  the  deficiency  of  franchise  would  be  supplied 
by  his  Athenian  patron  (irpooTarrjc).  The  duties  to 
be  performed,  and,  in  default  of  their  performance, 
the  penalties  incurred  by  guardians,  and  the  pro- 
ceedings as  to  their  appointment,  are  mentioned  un- 
der their  more  usual  title.     (Vid.  Epitropoi.) 

The  business  of  those  who  were  more  especially 
designated  Kvptot  in  the  Attic  laws  was,  to  protect 
the  interests  of  women,  whether  spinsters  or  wid- 
ows, or  persons  separated  from  their  husbands.  If 
a  citizen  died  intestate,  leaving  an  orphan  daughter, 

1.  (Cic,  De  Div..  i.,  11.)— 2.  (Facciol.,  s.  v.)— 3.  (Cramer'* 
Italy,  vol.  i.,  p.  402.')— 4.  (Heinecc,  x.,  24.) 


CURRUS. 


CURRUS. 


the  son,  or  the  father,  of  the  deceased  was  bound 
to  supply  her  with  a  sufficient  dowry,  and  give  her 
in  marriage  ;  and  take  care,  both  for  his  own  sake 
and  that  of  his  ward,  that  the  husband  made  a  prop- 
er settlement  in  return  for  what  his  bride  brought 
him  in  the  way  of  dower  (aTrori/j,rjfia,  Harpocr.).  In 
the  event  of  the  death  of  the  husband  or  of  a  di- 
vorce, it  became  the  duty  of  the  Kvpiog  that  had  be- 
trothed her  to  receive  her  back  and  recover  the 
dowry,  or.  at  all  events,  alimony  from  the  husband 
or  his  representatives.  If  the  father  of  the  woman 
had  died  intestate,  without  leaving  such  relations  as 
above  mentioned  surviving,  these  duties  devolved 
upon  the  next  of  kin,  who  had  also  the  option  of 
marrying  her  himself,  and  taking  her  fortune  with 
her,  whether  it  were  great  or  small.1  If  the  fortune 
were  small,  and  he  were  unwilling  to  marry  her, 
he  was  obliged  to  make  up  its  deficiencies  accord- 
ing to  a  regulation  of  Solon  ;2  if  it  were  large,  he 
might,  it  appears,  sometimes  even  take  her  away 
*iom  a  husband  to  whom  she  had  been  married  in 
lue  lifetime  and  with  the  consent  of  her  father. 

There  were  various  laws  for  the  protection  of  fe- 
male orphans  against  the  neglect  or  cruelty  of  their 
kinsmen  ;  as  one  of  Solon's,3  whereby  they  could 
compel  their  kinsmen  to  endow  or  marry  them  ;  and 
another,  which,  after  their  marriage,  enabled  any 
Athenian  to  bring  an  action  Kanoxreug,  to  protect 
them  against  the  cruelty  of  their  husbands  ;*  and  the 
archon  was  specially  intrusted  with  power  to  inter- 
fere in  their  behalf  upon  all  occasions.5      (Vid.  Ca- 

COSIS  ^        * 

J  *CURMA,  CURMI,  CORMA,  and  CURMON,  a 
species  of  Ale  mentioned  by  Sulpicius  and  Dioscor- 
ides.     (Vid.  Cerevisia.) 

CURSO'RES  were  slaves,  whose  duty  it  was  to 
nin  before  the  carriage  of  their  masters,  for  the 
same  purpose  as  our  outriders.  They  were  not 
used  during  the  times  of  the  Republic,  but  appear 
to  have  first  come  into  fashion  in  the  middle  of  the 
first  century  of  the  Christian  aera.  The  slaves  em- 
ployed for  this  purpose  appear  to  have  frequent- 
ly been  Numidians.6  The  word  cursores  was  also 
applied  to  all  slaves  whom  their  masters  employed  in 
carrying  letters,  messages,  &c.7 

CURSUS.     (Vid.  Circus,  p.  256.) 

*CURU'CA  or  CURRU'CA,  a  bird  mentioned  by 
Aristotle  under  the  name  of  vTtolaig.*  Gaza  trans- 
lates this  Greek  term  by  Curuca.  Gesner  inclines 
to  the  opinion  that  it  is  the  Titlark,  or  Anthus  pra- 
tensis,  Bechstein. 

CURU'LIS  SELLA.     (Vid.  Sella  Curulis.) 

CURRUS,  dim.  CURRFCULUM  (aPfia),  a  Char- 
iot, a  Car.  These  terms  appear  to  have  denoted 
those  two-wheeled  vehicles  for  the  carriage  of  per- 
sons which  were  open  overhead,  thus  differing  from 
the  carpentum,  and  closed  in  front,  in  which  they 
differed  from  the  cisium.  One  of  the  most  essen- 
tial articles  in  the  construction  of  the  currus  was 
the  avrvf,  or  rim ;  and  it  is  accordingly  seen  in  all 
the  chariots  which  are  represented  either  in  this  ar- 
ticle, or  at  p.  66, 209,  253.  ( Vid.  Antyx.)  Another 
indispensable  part  was  the  axle,  made  of  oak  ((pijyi- 
vog  ai-uv9),  and  sometimes  also  of  ilex,  ash,  or  elm.10 
The  cars  of  Juno  and  Neptune  have  metallic  axles 
(otdijptog,  ^a/Ueof  di-uv11).  One  method  of  making 
a  chariot  less  liable  to  be  overturned  was  to  length- 
en its  axle,  and  thus  to  widen  the  base  on  which  it 
stood.     The  axle  was  firmly  fixed  under  the  body 


1.  (Bunsen,  De  Jure  Haered.  Athen.,  p.  46.) — 2.  (Demosth., 
c.  Macart.,  1068.)— 3.  (Diod.  Sic.xii.,  p.  298.)— 4.  (Petit.,  Leg. 
Att.,  543.)— 5.  (Demosth.,  c.  Macart.,  1076.)— 6.  (Senec,  Ep., 
87, 126.— Mart.,  iii.,  47;  xii.,24.— Petron.,  28.)—  7.  (Suet.,Ner., 
49.— Tit.,  9 .— Tacit.,  Agric,  43.)— 8.  (H.  A.,  vi.,7.)— 9.  (Horn., 
II.,  v.,  838;  imitated  by  Virgil,  "  faginus  axis:"  Georg.,  iii., 
172.)—10    (Plin.,  H.  N.,  xvi.,  84.)— 11.  (Horn.,  II.,  v.,  723  ;  xiii., 


of  the  chariot,  which,  in  reference  to  this  c  ireum- 
stance,  was  called  vireprepia,  and  which  was  often 
made  of  wicker-work,  enclosed  by  the  avrvt;.1  Fat 
(Xinog3)  and  pressed  olives  (amurca3)  were  used  to 
grease  the  axle. 

The  wheels  (uvula,  rpoxoi,  rota)  revolved  upon 
the  axle,*  as  in  modern  carriages  ;  and  they  were 
prevented  from  corning  off  by  the  insertion  of  pins 
(efidoloc)  into  the  extremities  of  the  axle  (uKpal-ovia). 
Pelops  obtained  his  celebrated  victory  over  OSno- 
maus  through  the  artifice  of  Hippodamia,  who, 
wishing  to  marry  Pelops,  persuaded  Myrtilus,  the 
charioteer  of  his  adversary,  to  omit  inserting  one 
of  the  linchpins  in  the  axle  of  his  car,  or  to  insert 
one  of  wax.5  She  thus  caused  the  overthrow  and 
death  of  her  father  CEnomaus,  and  then  married  the 
conqueror  in  the  race. 

Sir  W.  Gell  describes,  in  the  following  terms,  the 
wheels  of  three  cars  which  were  found  at  Pompeii: 
"  The  wheels  light,  and  dished  much  like  the  mod- 
ern, 4  feet  3  inches  diameter,  10  spokes,  a  little 
thicker  at  each  end."6  These  cars  were  probably 
intended  for  the  purposes  of  common  life.  From 
Xenophon  we  learn  that  the  wheels  were  made 
stronger  when  they  were  intended  for  the  field  of 
battle.  After  each  excursion  the  wheels  were  ta- 
ken off  the  chariot,  which  was  laid  on  a  shelf  or 
reared  against  a  wall ;  and  they  wp-e  put  on  again 
whenever  it  was  wanted  for  use.7 

The  parts  of  the  wheel  were  as  follows  : 

(a.)  The  nave,  called  nlrifivr]?  xolvlKl^i  modiolus.* 
The  last  two  terms  are  founded  on  the  resemblance 
of  the  nave  to  a  modius  or  bushel.  The  nave  was 
strengthened  by  being  bound  with  an  iron  ring, 
called  7rli]fiv6deTov.10 

(b.)  The  spokes,  KVTjficu  (literally,  the  ~egs),  radit. 
We  have  seen  that  the  spokes  were  sometimes  ten 
in  number.  In  other  instances  they  were  eight 
(uvula  oKT&KVTifta11),  six,  or  four.  Instead  of  being 
of  wood,  the  spokes  of  the  chariot  of  the  sun,  con- 
structed by  Vulcan,  were  of  silver  (radiorum  Jtrgen- 
teus  ordo17). 

(c.)  The  felly,  lrvg.li  This  was  commonly  made 
of  some  flexible  and  elastic  wood,  such  as  poplar14 
or  the  wild  fig,  which  was  also  used  for  the  rim  of 
the  chariot ;  heat  was  applied  to  assist  in  produ- 
cing the  requisite  curvature.15  The  felly  was,  how- 
ever, composed  of  separate  pieces,  called  arcs  (dipi- 
deg1*).  Hence  the  observation  of  Plutarch,  that,  as 
a  "  wheel  revolves,  first  one  apsis  is  at  the  highest 
point,  and  then  another."  Hesiod17  evidently  in 
tended  to  recommend  that  a  wheel  should  consist 
of  four  pieces. 

(d.)  The  tire,  eiriaurpov,  canthus.  Homer18  de- 
scribes the  chariot  of  Juno  as  having  a  tire  of 
bronze  upon  a  golden  felly,  thus  placing  the  harder 
metal  in  a  position  to  resist  friction,  and  to  protect 
the  softer.  On  the  contrary,  Ovid's  description  is 
more  ornamental  than  correct:  "Aureasummce  cur- 
vatura  rotce."19    The  tire  was  commonly  of  iron.20 

All  the  parts  now  enumerated  are  seen  in  an  an- 
cient chariot  preserved  in  the  Vatican,  a  represent- 
ation of  which  is  given  in  the  following  woodcut. 

This  chariot,  which  is  in  some  parts  restored, 
also  shows  the  pole  (pv/iog,  temo).  It  was  firmly 
fixed  at  its  lower  extremity  to  the  axle,  whence 
the  destruction  of  Phaethon's  chariot  is  represented 

1.  (Horn.,  II.,  xxiii.,  335,  436.— Hesiod,  Scut.,  306.)— 2.  (Io. 
Tzet.zes  m  Hes.,  Scut.,  309.)  — 3.  (Phn.,  H.  N.,  xv.,  8.)  — 4. 
(Tim.,  Lex.  Plat.)— 5.  (Pherecydes,  ap.  Schol.  in  Apoll.  Rhod., 
i.,  752.)— 6.  (Pompeiana,  Lond.,  1819,  p.  133.)— 7.  (Horn.,  II., 
v.,  722.J—8.  (Horn.,  II.,  v.,  726;  xxiii,  339.  — Hesiod,  Scut., 
309.— Schol.  in  loc.)— 9.  (Plin.,  H.  N.,  ix.,  3.)— 10.  (Pollux, 
Onom.)  — 11.  (II.,  v.,  723.)  — 12.  (Ovid,  Met.,  ii.,  108.)— 13. 
(Horn.,  I).,  v.,  724.)— 14.  (II.,  iv.,  482-486.)— 15.  (II.,  xxi.,  37, 


33 1 


CURRUS. 


CU11RUS. 


Sy  the  circumstance  of  the  pole  and  axle  being  torn 
°.sunder  (temone  revulsus  axis1).  At  the  other  end 
[uKpopfiVfxiov)  the  pole  was  attached  to  the  yoke, 
either  by  a  pin  (tySoXog),  as  shown  in  the  chariot 
above  engraved,  or  by  the  use  of  ropes  and  bands. 
{Vid.  Jcgum.) 

Carriages  with  two,  or  even  three  poles  were 
used  by  the  Lyuians.2  The  Greeks  and  Romans, 
on  the  other  hand,  appear  never  to  have  used  more 
than  one  pole  and  one  yoke,  and  the  currus  thus 
constructed  was  commonly  drawn  by  two  horses, 
which  were  attached  to  it  by  their  necks,  and  there- 
fore called  dl'Cvyeg  ittttol,3  avvuplg,i  "gemini  ju- 
gales,"5  "equi  bijuges."6 

If  a  third  horse  was  added,  as  was  not  unfre- 
quently  the  case,  it  was  fastened  by  traces.  It  may 
tave  been  intended  to  take  the  place  of  either  of 
the  yoke  horses  (&yioi  Ittttoi)  which  might  happen 
to  be  disabled.  The  horse  so  attached  was  called 
iraprjopog.  When  Patroclus  returned  to  battle  in 
the  chariot  of  Achilles,  two  immortal  horses,  Xan- 
thus  and  Balius,  were  placed  under  the  yoke ;  a 
third,  called  Pedasus,  and  mortal,  was  added  on  the 
sight  hand ;  and,  having  been  slain,  caused  confu- 
sion, until  the  driver  cut  the  harness  by  which  this 
third  horse  was  fastened  to  the  chariot.7  Ginzrot8 
his  published  two  drawings  of  chariots  with  three 
horses  from  Etruscan  vases  in  the  collection  at  Vi- 
enna. The  linxog  naprjopog  is  placed  on  the  right 
of  the  two  yoke  horses.  (See  woodcut  at  top  of 
next  column.)    We  also  observe  traces  passing  be- 


tween the  two  uvtvjes,  and  proceeding  from  th« 
front  of  the  chariot  on  each  side  of  the  middle  horse. 
These  probably  assisted  in  attaching  the  third  or  ex- 
tra horse. 

The  Latin  name  for  a  chariot  and  pair  was  biga. 
(Vid.  Biga.)  When  a  third  horse  was  added,  it 
was  called  triga ;  and,  by  the  same  analogy,  a  char- 
iot and  four  was  called  quadriga;  in  Greek,  rerpa- 
opia  or  Tidpnnzog. 

The  horses  were  commonly  harnessed  in  a  quad- 
riga after  the  manner  already  represented,  the  two 
strongest  horses  being  placed  under  the  yoke,  and 
the  two  others  fastened  on  each  side  by  means  of 
ropes.  This  is  implied  in  the  use  of  the  epithets 
oeipaioc;  or  aeipa<j)6po(;,  and  funalis  or  funarius,  for  a 
horse  so  attached.1  The  two  exterior  horses  were 
farther  distinguished  from  one  another  as  the  right 
and  the  left  trace-horse.  In  a  chariot-race  descri- 
bed by  Sophocles,2  the  driver,  aiming  to  pass  the 
goal,  which  is  on  his  left  hand,  restrains  the  nearest 
horse,  and  gives  the  reins  to  that  which  was  far- 
thest from  it,  viz.,  the  horse  in  traces  on  the  right 
hand  (detjibv  6'  uvelc  aetpalov  Ittkov).  In  the  splen- 
did triumph  of  Augustus  after  the  battle  of  Actium, 
the  trace-horses  of  his  car  were  ridden  by  two  of 
his  young  relations.  Tiberius  rode,  as  Suetonius 
relates,  "  sinisteriore  funali  eqUo,"  and  Mar<-ellus 
"  dexteriore  funali  equo."  As  the  works  of  at.cient 
art,  especially  fictile  vases,  abound  in  representa- 
tions of  quadrigae,  numerous  instances  may  be  ob- 
served in  which  the  two  middle  horses  (6  fiicoq 
detjioc  icai  6  fiiaog  apiarepoq2)  are  yoked  together  as 
in  a  biga ;  and,  as  the  two  lateral  ones  have  collars 
(ke-xadva)  equally  with  the  yoke-horses,  we  may 
presume  that  from  the  top  of  these  proceeded  the 
ropes  which  were  tied  to  the  rim  of  the  car,  and  by 
which  the  trace-horses  assisted  to  draw  it.  The 
first  figure  in  the  annexed  woodcut  is  the  chariot  of 
Aurora,  as  painted  on  a  vase  found  at  Canosa.4 
The  reins  of  the  two  middle  horses  pass  through 


rings  at  the  extremities  of  the  yoke.  All  the  par- 
ticulars which  have  been  mentioned  are  still  more 
distinctly  seen  in  the  second  figure,  taken  from  a 
terra-cotta  at  Vienna.9      It  represents   a  chariot 

*■■■!■ '  -  —  --  ■ 

1.  (Ovid,  Met.,  ii.,  316.)— 2.  (.Eschyl.,  Pers.,  47.)— 3.  (Horn., 
li.,  v.,  195  ;  x.,  473.)— 4.  (Xen.,  Hell.,  i.,  2.  4  1.)— 5.  (Virg., 
jEn.,  vii.,  280.)— 6.  (Georg.,  iii.,  91.)— 7.  (Horn.,  11.,  xvi.,  148- 
\o4,  467-474.)— 8.  (W&gen  und  Fahrwerke,  vol  i  ,  p.  342.)— 9. 
'Ginzrot,  v.  ii..  p  107,  108.* 
332 


overthrown  in  passing  the  goal  at  the  circus.  The 
charioteer  having  fallen  backward,  the  pole  an^ 
yoke  are  thrown  upward  into  the  air ;  the  twn 
trace-horses  have  fallen  on  their  knees,  and  the 
two  yoke-horses  arc  prancing  on  their  hind  legs. 
If  we  may  rely  on  the  evidence  of  numerous 


1.  (Isid.,  Orig.,xviii.,35.)— 2.  (Electra,  690-738.)— 3.  (Schol 
inAristoph..  Nub.,  122.) — 4.  (Gerhard,  iiber  Lichtgnttheiten,  pi 
iii.,  fig.  1  > 


CURRUS. 


CURRUS 


works  of  art,  the  currus  was  sometimes  drawn  by 
four  horses  without  either  yoke  or  pole  ;  for  we  see 
two  of  them  diverging  to  the  right  hand  and  two  to 
the  left,  as  in  the  beautiful  cameo  on  p.  334, 1st  col., 
which  exhibits  Apollo  surrounded  by  the  signs  of  the 
zodiac.  If  the  ancients  really  drove  the  quadriga 
thus  harnessed,  we  can  only  suppose  the  charioteer 
to  have  checked  its  speed  by  pulling  up  the  horses, 
and  leaning  with  his  whole  body  backward,  so  as  to 
make  the  bottom  of  the  car  at  its  hindermost  bor- 
der scrape  the  ground,  an  act  and  an  attitude  which 
seem  not  unfrequently  to  be  intended  in  antique 
representations. 

The  currus,  like  the  cisium,  was  adapted  to  carry 
two  persons,  and  on  this  account  was  called  in 
Greek  6i<ppoc.  One  of  the  two  was,  of  course,  the 
driver.  He  was  called  tjvloxoc,  because  he  held  the 
reins,  and  his  companion  napac6ur?jc,  from  going  by 
his  side  or  near  him.  Though  in  all  respects  supe- 
rior, the  TrapaiSuTris  was  often  obliged  to  place  him- 
self behind  the  tjvloxoc.  He  is  so  represented  in  the 
biga  at  p.  66,  and  in  the  Iliad1  Achilles  himself  stands 
behind  his  charioteer  Automedon.  On  the  other 
hand,  a  personage  of  the  highest  rank  may  drive  his 
own  carriage,  and  then  an  inferior  may  be  his  rra- 
paiSaTnc,  as  when  Nestor  conveys  Machaon  (irdp' 
tie  Ma^awv  ftatve*),  and  Juno,  holding  the  reins  and 
whip,  conveys  Minerva,  who  is  in  full  armour.3  In 
such  cases  a  kindness,  or  even  a  compliment,  was 
conferred  by  the  driver  upon  him  whom  he  convey- 
ed, as  when  Dionysius,  tyrant  of  Sicily,  "  himself 
holding  the  reins,  made  Plato  his  7rapa(6uT7jc."*  In 
the  contest  which  has  been  already  referred  to,  and 
which  was  so  celebrated  in  Greek  mythology,  03no- 
ma'js  intrusts  the  reins  to  the  unfaithful  Myrtilus, 
and  assumes  the  place  of  his  -xapaifaT-ric,  while  Pe- 
lops  himself  drives  with  Hippodamia  as  his  rcapai- 
tunc,  thus  honouring  her  in  return  for  the  service 
6he  had  bestowed.* 

The  Persepolitan  sculptuies,  and  the  innumera- 
ble paintings  discovered  in  Egyptian  tombs,  concur 
with  the  historical  writings  of  the  Old  Testament, 
and  with  the  testimony  of  other  ancient  authors,  in 
showing  how  commonly  chariots  were  employed  on 
the  field  of  battle  by  the  Egyptians,  the  Persians, 
and  other  Asiatic  nations.  The  Greek  poetry  of 
the  heroic  ages  proves  with  equal  certainty  the  ear- 
ly prevalence  of  the  same  custom  in  Greece.  The 
apttjTTieq.  i.  e.,  the  nobility,  or  men  of  rank,  who 
wore  complete  suits  of  armour,  all  took  their  char- 
iots with  them,  and  in  an  engagement  placed  them- 
selves in  front.*  Such  were  the  linrelc,  or  cavalry 
of  the  Homeric  period  ;  the  precursors  of  those  who, 
after  some  centuries,  adopted  the  less  expensive 
and  ostentatious  practice  of  riding  on  horseback, 
but  who,  nevertheless,  in  consideration  of  their 
wealth  and  station,  still  maintained  their  own  hor- 
ses, rather  to  aid  and  exhibit  themselves  individu- 
ally on  the  field  than  to  act  as  members  of  a  com- 
pact body.  In  Homer's  battles  we  find  that  the 
horseman,  who,  for  the  purpose  of  using  his  weap- 
ons, and  in  consequence  of  the  weight  of  his  ar- 
mour, is  under  the  necessity  of  taking  the  place  of 
trapaitdrriq  (see  the  woodcut  of  the  triga,  p.  332), 
often  assails  or  challenges  a  distant  foe  from  the 
chariot ;  but  that,  when  he  encounters  his  adversa- 
ry in  close  combat,  they  both  dismount,  "  springing 
from  their  chariots  to  the  ground,"  and  leaving  them 
to  the  care  of  the  Tjvioxoi.7  So  likewise  Turnus  is 
described  by  Virgil,  "  Desiluit  Turnus  bijugis ;  pe- 
des apparat  ire  Comminus."8  As  soon  as  the  hero 
had  finished  the  trial  of  his  strength  with  his  oppo- 


nent, he  returned  to  his  chariot,  one  of  the  <:nier 
uses  of  which  was  to  rescue  him  from  danger. 
When  Automedon  prepares  to  encounter  both  Hec- 
tor and  JEneas,  justly  fearing  the  result,  he  directs 
his  charioteer,  Alcimedon,  instead  of  driving  the 
horses  to  any  distance,  to  keep  them  "  breathing  on 
his  back,"1  and  thus  to  enable  him  to  effect  his  es- 
cape in  case  of  need. 

These  chariots,  as  represented  on  bas-reliefs  and 
fictile  vases,  were  exceedingly  light,  the  body  often 
consisting  of  little  besides  a  rim  fastened  to  the  hot 
torn  and  to  the  axle.  Unless  such  had  been  really 
their  construction,  it  would  be  difficult  to  imagine 
how  so  great  a  multitude  of  chariots  could  have  been 
transported  across  the  ^Egean  Sea.  Homer  also 
supposes  them  to  be  of  no  greater  weight ;  ibr,  al- 
though a  chariot  was  large  enough  to  convey  two 
persons  standing,  not  sitting,  and  on  some  occa- 
sions was  also  used  to  carry  off  the  armour  of  the 
fallen,2  or  even  the  dead  body  of  a  friend,3  yet  Di- 
omed,  in  his  nocturnal  visit  to  the  enemy's  camp, 
deliberates*  whether  to  draw  away  the  splendid 
chariot  of  Rhesus  by  the  pole,  or  to  carry  it  off  on 
his  shoulder.  The  light  and  simple  construction  of 
war-chariots  is  also  supposed  by  Virgil,5  when  he 
represents  them  as  suspended  with  all  kinds  of 
armour  on  the  entrance  to  the  temple  of  the  Lau- 
rentian  Picus. 

We  have  already  seen  that  it  was  not  unusual, 
in  the  Homeric  battles,  to  drive  three  horses,  one 
being  a  napijopoc  :  in  a  single  instance,  that  of  Hec- 
tor, four  are  driven  together.6  In  the  games,  the 
use  of  this  number  of  horses  was,  perhaps,  even 
more  common  than  the  use  of  two.  The  form  of 
the  chariot  was  the  same,  except  that  it  was  more 
elegantly  decorated.  But  the  highest  style  of  or- 
nament was  reserved  to  be  displayed  in  the  quadri- 
gae, in  which  the  Roman  generals  and  emperora 
rode  when  they  triumphed.  The  body  of  the  tri- 
umphal car  was  cylindrical,  as  we  often  see  it 
represented  on  medals.  It  was  enriched  with  gold 
(aurco  curru1)  and  ivory.8  The  utmost,  skill  of  the 
painter  and  the  sculptor  was  employed  to  enhance 
its  beauty  and  splendour.  More  particularly  the 
extremities  of  the  axle,  of  the  pole,  and  of  the  yoke, 
were  highly  wrought  in  the  form  of  animals'  heads. 
Wreaths  of  laurel  were  sometimes  bung  round  it 
(currum  laurigerum9),  and  were  also  fixed  to  the 
heads  of  the  four  snow-white  horses  l0  The  car 
was  elevated  so  that  he  who  triumphed  might  be 
the  most  conspicuous  person  in  the  procession,  and, 
for  the  same  reason,  he  was  obliged  to  stand  erect 
(in  curru  stantis  eburno11).  A  friend,  more  especially 
a  son,  was  sometimes  carried  in  the  same  chariot 
by  his  side.12  When  Germanicus  celebrated  his 
triumph,  the  car  was  "  loaded"  with  five  of  his 
children  in  addition  to  himself.13  The  triumphal 
car  had,  in  general,  no  pole,  the  horses  being  led  by 
men  who  were  stationed  at  their  heads. 

The  chariot  was  an  attribute  not  only  of  the  gods, 
but  of  various  imaginary  beings,  such  as  Victory, 
often  so  represented  on  coins,  vases,  and  sculptures 
(biga,  cui  Victoria  institerat1*) ;  Night  (Nox  bigis 
subvecta15) ;  and  Aurora,  whom  Virgil  represents  as 
driving  either  two  horses16  or  four,17  in  this  agreeing 
with  the  figure  in  our  last  woodcut.  In  general, 
the  poets  are  more  specific  as  to  the  numbei  of 
horses  in  the  chariots  of  the  deities,  and  it  rarely 
exceeded  two.     Jupiter,  as  the  father  of  the  gods, 


1.  (xix.,  397.)—2.  (II.,  xi.,  512.  517.)— 3.   (v.,  720-775.)- 
( .Elian,  V.  H.,  -v.,  18.)— 5.  (Apollon.  Rhod.,  i.,  752-758.)— G. 
( Vid.  p  94,  97.)— 7.  (II.,  iii.,  2'J  ;  xvi.,  423,  427  ;  xvii.,  480-483. 

Hesiod,  Scut.  Here,  370-372.)— 8.  {23a.,  x.,  453.) 


1.  (II.,  xvii.,  502.)— 2.  (II.,  xvii.,  540.)— 3.  (II.,  xiii.,  657.)- 
4.  (Ii.,  x.,  503-505.)— 5.  (.En.,  vii.,  184.)— 6.  (II.,  vii.,  185.)—  7 
(Flor.,  i.,  5.— Ilor.,  Epod.,  ix.,  22.)— 8.  (Ovid,  Tiist.,  iv.,  2,  63 
—Pont.,  iii.,  4,  35.)— 9.  (Claudian,  De  Laud.  Stii.,  iii.,  20.)- 
Tert.  Cons.  Honor.,  130.)— 10.  (Mart.,  vii.,  7.)— 11.  (Ovid,  1 
c.)— 12.  (Val.  Max.,  v.,  10,  t>  2.)— 13.  (Tac.,  Ann.,  ii.,  41.^—14. 
(Tacit.,  Hist.,  i.,  86.)— 15.  (Virg.,  .En.,  v.,  721.)— 16.  (vu,  26./ 
—17.  (r     535.) 

333 


CURRUS. 


CYCNUS. 


drives  four  white  horses  when  he  goes  armed  with 
his  thunderbolt  to  resist  the  giants  :  Pluto  is  diawn 
by  four  black  horses.     The  following  line, 

"  Quadrijivgis  et  Phcebus  equis,  et  Delia  bigis"1 

is  in  accordance  not  only  with  numerous  passages 
of  the  poets,  but  with  many  works  of  art.  A  bronze 
lamp2  shows  the  moon,  or  Diana,  descending  in  a 
biga,  and  followed  by  Apollo,  who  is  crowned  with 
rays  as  he  rises  in  a  quadriga.  The  same  contrast 
is  exhibited  in  the  annexed  woodcut,  showing  the 
devices  on  two  gems  in  the  royal  collection  at  Ber- 
lin. That  on  the  left  hand,  representing  Apollo 
encircled  by  the  twelve  signs,  calls  to  mind  the  en- 


graving on  the  seal  of  Amphitryon,  "  Cum  quadri- 
gis  sol  exoriens."3  In  the  JHneid,4  Latinus  drives 
a  chariot  and  four  to  express  his  claim  to  be  de- 
scended from  Apollo.  The  chariots  of  Jupiter  and 
of  the  Sun  are,  moreover,  painted  on  ancient  vases 
with  wings  proceeding  from  the  extremities  of  the 
axle  (nrrnvbv  apfia  ;5  volucrem  currum6). 

These  supernatural  chariots  were  drawn  not  only 
by  horses,  but  by  a  great  variety  of  brute  or  imagi- 
nary beings.  Thus  Medea  received  from  the  Sun  a 
car  with  winged  dragons.7  Juno  is  drawn  by  pea- 
cocks,8 Diana  by  stags,9  Venus  by  doves  or  swans, 
Minerva  by  owls,  Mercury  by  rams,  and  Apollo  by 
griffons.  To  the  car  of  Bacchus,  and,  consequently^ 
of  Ariadne  (vid.  Capistrum,  p.  209),  are  yoked  cen- 
taurs, tigers  and  lynxes : 

"  Tu  lijugum  pictis  insignia  frenis 
Colla  premis  lyncum."10 

Chariots  executed  in  terra-cotta  (quadriga  ficti- 
ies11),  in  bronze,  or  in  marble,  an  example  of  which 
last  is  shown  in  the  annexed  woodcut  from  an  an- 
cient chariot  in  the  Vatican,  were  among  the  most 
beautiful  ornaments  of  temples  and  other  public  edi- 
fices. 


No  pains  were  spared  in  their  decoration ;  and 
Pliny  informs  us1*  that  some  of  the  most  eminent 
artists  were  employed  upon  them.  In  numerous 
instances  they  were  designed  to  perpetuate  the 
fame  of  those  who  had  conquered  in  the  chariot- 
race.13  As  the  emblem  of  victory,  the  quadriga  was 

1.  (Manil.,  v.,  3.)  —  2.  (Bartoli,  Ant.  Lucerne,  ii.,  9.)  —  3. 
(Flaut.,  Amphit.,  i.,  1,  266.)— 4.  (xii.,  162.)— 5.  (Plato,  Phsed.) 
—6.  (Hor.,  Carm.,  i.,  34,  8.)— 7.  (Apollod.,  i.,  9,  28.)— 8.  (Ovid, 
Met.,  ii.,  531.)— 9.  (Claudian,  De  Laud.  Stil.,  iii.,  285-290.— 
Ccmbe,  Phigalian  Marbles,  pi.  xi.)— 10.  (Ovid,  Met.,  iv.,  23.)— 
11.  (Plin.,  IT.  N.,  xxviii.,  4.)  — 12.  (H.  N.,  xxxiv.,  19.)— 13. 
tPaus.,  ri.,  10.) 
334 


sometimes  adopted  by  the  Romans  to  grace  tnri  tri- 
umphal arch  by  being  placed  on  its  summit ;  a.id 
even  in  the  private  houses  of  great  families,  c'  &ri- 
ots  were  displayed  as  the  indications  of  rant,*,-  the 
memorials  of  conquest  and  of  triumph.1 
CUSTO'DES.  (Vid.  Comitia,  p.  297.) 
CY'ATHUS  (icvadoc),  a  Greek  and  Roman  liquk. 
measure,  containing  one  twelfth  of  the  sextarius 
or  -0825  of  a  pint  English.  It  was,  in  later  times 
at  least,  the  measure  of  the  common  drinking-glass 
among  the  Romans,  who  borrowed  it  from  the 
Greeks.*  The  fonn  of  the  cyathus  used  at  ban 
quets  was  that  of  a  small  ladle,  by  means  of  which 
the  wine  was  conveyed  into  the  driitking-cups  from 
the  large  vessel  (uparrip)  in  which  it  was  mixed.1 
Two  of  these  cyathi  are  represented  in  the  annexed 
woodcut  from  the  Museo  Borbonico,  vol.  iv.,  jw  i2 


i 


\J 


The  cyathus  Tas  the  uncia,  considered  with  ref- 
erence to  the  sextarius  as  the  unit :  hence  we  have 
sextans  used  for  a  vessel  containing  the  sixth  of  the 
sextarius,  or  two  cyathi,  quadrans  for  one  contain- 
ing three  cyathi,  triens  for  four  cyathi,  quincunx  for 
five  cyathi,  &c.4 

♦CYCLAMTNUS  (tcviadfiivoc),  a  plant,  of  which 
Dioscorides  mentions  two  species.  The  first  ap- 
pears to  be  the  Cyclamen  Europaum,  or  common 
Sow-bread.  About  the  second  there  has  been  much 
difference  of  opinion.  Dodonaeus  and  Hardouin 
conclude  that  it  was  the  Bitter-sweet  (Salanum  dul- 
camara,) ;  but  Sprengel  follows  Gesner  in  referring 
it  to  the  Lonicera  periclymenum,  or  Woodbine.8 

*CYCNUS  (kvkvoc).  This  appellation,  as  Adams 
remarks,  is  generally  applied  to  the  Anas  Cycnus, 
L.,  or  Wild  Swan  ;  but  sometimes  also  to  the  Anas 
Olor,  or  Tame  Swan.  It  is  to  the  wild  swan  that 
the  Homeric  epithet  davlixbdeipoc,  "long-necked," 
is  particularly  applicable.6  "  It  is  to  this  species 
(the  Anas  Cycnus),''''  observes  Griffith,  "that  the 
ancients  attributed  so  melodious  a  voice  :  but  this 
opinion,  however  accredited,  was  not  universal.  It 
was  contested  by  Lucian,  Pliny,  and  JElian  ;  and 
even  Virgil  speaks  only  of  the  disagreeable  cries  of 
the  swan.  Some  moderns  have,  notwithstanding, 
adopted  the  popular  notions  of  the  ancients  on  this 
subject,  and,  even  in  contradiction  to  the  evidence 
of  their  senses,  have  endeavoured  to  persuade 
themselves  of  its  truth.  It  is  sufficient  to  observe, 
from  all  creditable  evidence,  that  the  opinion  is  ut- 
terly unfounded.  The  swan  neither  sings  during 
its  lifetime,  nor,  as  some  assert,  just  before  its 
death.  The  comparatively  modern  discovery  of  the 
Black  Swan  seems  to  lead  to  the  conclusion  that 
the  Cycnus  Niger  of  antiquity  wTas  not  altogether  a 
fabulous  creature."7 


1.  (Juv.,  viii.,  3.)— 2.  (Varro,  De  Ling.  Lat.,  v.,  124,  ed.  Miil 
ler.)— 3.  (Becker,  Charikles,  vol.  i.,  p.  463.) — 4.  (Wurm,  De 
Pond.  Mens.,  &c. — Hussey  on  Ancient  Weights,  &c.) — 5.  (The 
ophrast.,  H.  P.,  vii.,  9.— Dioscor.,  ii.,  193 —Hardouin  ad  Plin., 
H.  N.,  xxv.  68.)— 6.  (Adams,  Append.,  s.  v.)— 7.  (Griffith's  Cu- 
vier,  vol.  viii.,  p.  660.) 


(JYMBALUM 


CiNOCEPHALI. 


*CYDONIUM  MALUM,  the  Quince,  the  fruit  of 
the  Pirus  Cydonia.  The  name  arose  from  that  of 
the  city  of  Cydon,  in  Crete,  whence  they  were  first 
brought  to  Greece.  Cato  first  gave  it  the  appella- 
tion of  Cotoncum  malum,  and  Pliny  followed  him. 
The  ancient  writers  mention  several  varieties  of  the 
Quince  :  thus  the  true  ones  (nvduvia)  were  small 
and  round  ;  another  kind,  the  arpovdeia,  was  of  a 
large  size,  and  sweeter  than  the  former.  Columella 
enumerates  three  kinds,  namely,  Slruthea,  Mustea, 
and  Chrysomcla.  The  last,  however,  belongs  to  the 
orange  family.  The  Quince-tree  is  still  called  kv- 
fiuvui  in  northern  Greece.  According  to  Sibthorp, 
it  is  cultivated  in  gardens  with  the  apple-tree.1 
*CYMINDIS  (KVfitvdtg).  (Vid.  Hierax.) 
CYCLAS  (uvulae)  was  a  circular  robe  worn  by 
women,  to  the  bottom  of  which  a  border  was  affix- 
ed, inlaid  with  gold. 

"  Hcbc  nunc  aurata  cyclade  signal  humum."2 

Alexander  Severus,  in  his  other  attempts  to  re- 
strain the  luxury  of  his  age,  ordained  that  women 
should  only  possess  one  cyclas  each,  and  that  it 
should  not  be  adorned  with  more  than  six  unciae  of 
gold.3  The  cyclas  appears  to  have  been  usually 
made  of  some  thin  material  (tenui  in  cyclade*).  It 
is  related,  among  other  instances  of  Caligula's  ef- 
feminacy, that  he  sometimes  went  into  public  in  a 
garment  of  this  description.8  For  the  literature  of 
this  subject,  see  Ruperti,  ad  Juv.,  vi.,  259. 

CYMBA  (kv/j.6t])  is  derived  from  kv/j.6oc,  a  hollow, 
and  is  employed  to  signify  any  small  kind  of  boat 
used  on  lakes,  rivers,  &c.6  It  appears  to  have 
been  much  the  same  as  the  ukutiov  and  scapha. 
(Vid.  Acatiqn.) 

CY'MBALUM  (nvp.6a'kov),  a  musical  instrument, 
in  the  shape  of  two  half  globes,  which  were  held, 
one  in  each  hand,  by  the  performer,  and  played  by 
being  struck  against  each  other.  The  word  is  ori- 
ginally Greek,  being  derived  from  KVfi6oc,  a  hollow, 
with  which  the  Latin  cymba,  cymbium,  &c.,  seem  to 
be  connected.  In  Greek  it  has  several  other  sig- 
nifications, as  the  cone  of  a  helmet  ;7  it  is  also 
used  for  dpdavia,9  the  vessel  of  purification  placed 
at  the  door  of  a  house  where  there  had  been  death.9 
Besides  this,  it  is  often  employed  metaphorically  for 
an  empty,  noisy  person,  as  in  1  Corinthians,  xiii.,  1, 
or,  as  Tiberius  Caesar  called  Apion  the  grammarian, 
Cymbalum  mundi.10  In  the  middle-age  Latin  it  is 
used  for  a  church  or  convent-bell,  and  sometimes 
*or  the  dome  of  a  church.11 


1.  (Plin.,  H.  N.,  xv.,  11.— Columell.,  v.,  10.— Ovid,  A.  A.,  iii., 
705.— Billerbeck,  Flora  Classica,  p.  132.)— 2.  (Prop.,  IV.,  vii., 
40.)— 3.  (Lamprid.,  Alex.  Sev.,  c.  41.)— 4.  (Juv.,  vi.,  259.)— 5. 
(Suet.,  Cal.,  52.)— 6.  (Cic,  De.Off.,  iii.,  14.— Mn.,  vi.,  303.)— 
7.  (Salmas.,  Exerc.  Plin.,  385.)— 8.  (Hesych.,  s.  v.)— 9.  (Eurip., 
Acest.,  98.)— 10.  (Plin.  in  Praef,  H.  TV.) — 11.  (Godin,  Descr. 
?    Soph.,  147.) 


Several  kinds  of  cymbals  are  found  on  ancient 
monuments,  and,  on  the  other  hand,  a  great  many 
names  have  been  preserved  by  the  grammanana 
and  lexicographers  ;  but  the  descriptions  of  the  lat- 
ter are  so  vague,  that  it  is  impossible  to  identify 
one  with  the  other.  A  large  class  of  cymbals  was 
termed  Kpovp,ara,  which,  if  they  were  really  distinct 
from  the  upoTala,  as  Spohn  and  Lampe  suppose, 
cannot  now  be  exactly  described.  (Vid.  Crota- 
lum.)  The  preceding  drawing  of  a  upoiifia  is  taken 
from  an  ancient  marble,  and  inserted  on  the  author- 
ity of  Spohn.1 

The  ■  Kpe/j,6a2.a  mentioned  in  the  Homeric  hymn 
to  Apollo2  were  of  this  kind,  played  on  by  a  chorus 
of  Delians.  The  scabilla  or  upovKz&a  were  also  on 
the  same  principle,  only  played  with  the  foot,  and 
inserted  in  the  shoe  of  the  performer  ;  they  were 
used  by  flute-players,  perhaps  to  beat  time  to  their 
music.3 

Other  kinds  of  cymbals  were,  the  7r2.aray7j,  an  in- 
vention  of  Archytas,  mentioned  by  A  ristotle,4  and 
its  diminutive  nharayuviov,  which,  from  the  descrip- 
tion of  Julius  Pollux  and  Hesychius,5  appears  to 
have  been  a  child's  rattle ;  b!-v6a§a,  the  two  parts 
of  which  Suidas  tells  us6  were  made  of  different 
materials,  for  the  sake  of  variety  of  sound ;  kotv- 
lai,  mentioned  in  the  fragments  of  iEschylus,  with 
several  others  noted  by  Lampe  in  his  work  De  Cym- 
balis,  but  perhaps  without  sufficient  authority. 

The  cymbal  was  usually  made  in  the  form  of  two 
half  globes,  either  running  off  towards  a  point  so 
as  to  be  grasped  by  the  whole  hand,  or  with  a  han- 
dle. It  was  commonly  of  bronze,  but  sometimes  of 
baser  material,  to  which  Aristophanes  alludes.7  The 
subjoined  woodcut  of  a  cymbalistria  is  taken  from 
an  ancient  marble,  and  given  on  the  authority  of 
Lampe.     See  also  the  figure  in  page  189. 


The  cymbal  was  a  very  ancient  instrument,  oe- 
ing  used  in  the  worship  of  Cybele,  Bacchus,  Juno, 
and  all  the  earlier  deities  of  the  Grecian  and  Roman 
mythology.  It  probably  came  from  the  East,  from 
whence,  through  the  Phoenicians,  it  was  conveyed  to 
Spain.8  Among  the  Jews  it  appears  (from  2  Chron., 
v.,  12,  13.  — Nehem.,  xii.,  27)  to  have  been  an  in- 
strument in  common  use.  At  Rome  we  first  hear 
of  it  in  Livy's  account  of  the  Bacchic  orgies,  which 
were  introduced  from  Etruria.9 

For  sistrum,  which  some  have  referred  to  the 
class  of  cymbala,  see  Sistrum. 

*CYNOCEPH/ALI  (KwonfyaXot),  a  fabulous  race, 
with  the  heads  of  dogs,  mentioned  by  Pliny  and 
others  as  dwelling  in  the  interior  of  Africa.  The 
Cynocephali  of  the  ancients,  however,  were  in  real- 
ity a  species  of  large  baboon,  with  elongated,  dog- 
like head,  flat  and  compressed  cheeks,  projecting 
and  strong  teeth,  and  a  forehead  depressed  below 


1.  (Miscell.,  sec.  1,  art.  vi.,  fig.  44.)— 2.  (161-164.)— 3.  (Pol 
lux,  Onom.,  x.,  33.)— 4.  (Pol.,  viii.,  6.)— 5.  (s.  v.)— 6.  (s.  v.)- 
7.  (Ranae,  1305.)  — 8.  (Compare  Martial's  Bactica  CrumaU  >- 
9.  (xxxix.,9.) 

335 


CYTISUS. 


DJ5DALA. 


the  level  of  the  superior  margins  of  the  orbits.  Not- 
withstanding this  close  approximation  to  the  shape 
ot  the  dog's  head,  the  form  and  position  of  the  eyes, 
cumbined  with  the  similarity  of  the  arms  and  hands, 
gave  to  these  creatures  a  resemblance  to  humanity 
as  striking  as  it  is  disgusting.1 

*CYNOGLOSSUM  (nvvoyluooov  or  -oq),  the 
Hounds'-tongue,  or  Cynoglossum  officinale.  Cul- 
pepper, the  English  herbalist,  says,  with  respect  to 
the  etymology  of  the  word,  "  it  is  called  Hounds'- 
tongue  because  it  ties  the  tongues  of  dogs  ;  wheth- 
er true  or  not,  I  have  never  tried."2 

II.  The  name  of  a  fish  mentioned  by  Athenaeus. 
Rondelet  supposes  it  a  species  of  the  Bouglossus  or 
Sole.3 

♦CYNOCRAMBE  (KvvoKpdfiSn),  a  plant,  which 
Sprengel,  in  his  history  of  Botany,  sets  down  as  the 
Ckcnopodium  album,  or  white  Goose-foot ;  but  in 
his  edition  of  Dioscorides  he  joins  Bauhin  in  hold- 
ing it  to  be  the  Thelygonum  cynocrambe* 

*CYNOMYIA  (nvvofivia),  the  Dog-fly,  or  Musca 
canina. s 

*CYNORAIS'TES  (nwopaloTTJc),  the  Dog-tick,  or 
Acarus  Ricinus,  L.6 

*C  YNOR'ODON  (Kwopodov).  "  None  of  the  com- 
mentators," observes  Adams,  "  offer  any  explana- 
tion of  what  it  was  ;  but,  as  the  word  signifies  the 
Dog-rose,  or  Rosa  canina,  it  is  probable  that  it  was 
the  same  as  the  KwoodaTov."'1 

♦CYNOSBATUM  {KwoaSarov).  "  The  comment- 
ators are  not  quite  agreed  respecting  this  plant," 
observes  Adams.  "  Dierbach  makes  it  to  be  the 
Rosa  pomif era ;  Sprengel  follows  Dodonaeus  in  re- 
ferring it  to  the  Rosa  canina,  or  Hep-tree ;  and 
Stackhousn  at  first  inclines  to  this  opinion,  but  af- 
terward decides  in  favour  of  the  Rubus  Idaus.  I 
am  of  opinion  that  it  was  most  probably  the  Rosa 
canina. "s 

*CYNOPS  {nvvuTp).  Both  Sprengel  and  Stack- 
house  call  this  plant  Plantago  Cynops,  but  the  latter 
hesitates  about  making  it  the  P.  Psyllium,  or  Flea- 
wort.9 

*CYPE'RUS  (KVTTEipoc  or  -ov),  the  Cyperus  ro- 
tundus.  a  plant  still  very  common  on  the  Greek 
islands.  It  is  mentioned  by  Theocritus  as  an  agree- 
able plant,  and  is  also  noticed  by  Homer  and  Ni- 
cander.  According  to  Dodwell,  the  roots  are  taken 
medicinally  for  disorders  of  the  stomach.  The 
leaves  are  used  for  stringing  and  bringing  the  roots 
o  Athens,  and  for  tying  the  wild  figs  on  the  culti- 
vated tree.10 

*CYPRUS  (nv-Kpoc),  a  plant ;  according  to  Pliny, 
the  same  with  the  Ligustrum.  Martyn,  however, 
remarks,  that  Prosper  Alpinus  found  plenty.of  plants 
.Ti  Egypt  answering  to  Dioscorides'  description  of 
the  Cyprus,  but  at  the  same  time  declared  that  the 
Italian  Ligustrum,  or  Privet,  did  not  grow  in  Egypt. 
It  has  since  been  settled,  according  to  Adams,  that 
it  is  a  species  of  Lawsonia,  either  the  inermis  or  the 
alba,  Lam.11 

*CYT'ISUS  (kvtlcoc).  "  There  has  been  consid- 
erable diversity  of  opinion  respecting  this  plant. 
The  point,  however,  seems  at  last  to  have  been 
settled  by  Martyn  and  Sprengel  in  favour  of  the 
Medicago  arborea,  or  Tree  Medick."  Sibthorp  found 
the  M.  arborea  growing  among  the  rocks  around 
Athens.12 


1.  (Plin.,  H.  N.,  vi.,  30  ;  viii.,  54  ;  xxxvii.,  9.)— 2.  (Dioscor., 
iv.,  128. — Adams,  Append.,  s.  v.) — 3.  (Athen.,  vii.,  p.  321.) — 4. 
(Dioscor.,  iv.,  192. — Adams,  Append.,  s.  v.) — 5.  (iEhan,  N.  A., 
iv.,  51.)— 6.  (Horn.,  Od.,  xvii.,  300.— Aristot.,  H.  P.,  v.,  25.)— 7. 
(Theophrast.,  H.  P.,  iv.,  4.)— 8.  (Theophrast.,  H.  P.,  iii.,  18.— 
Dioscor.,  i.,  123.— Adams,  Append.,  s.  v.) — 9.  (Theophrast.,  H. 
P.,  vii.,  8.)— 10.  (Theophrast.,  H.  P.,  i.,  8  ;  iv.,  10.— Dioscor.,  i., 
4.— Adams,  Append.,  s.  v.)— 11.  (Theophrast.,  Fr.,  i v.,  25.— Di- 
oscor., i.,  124.— Plin.,  H.  N.,  xvi.,  18.— Martyn  ad  Virg.,  Eclog., 
a.  18.)— 12.  (Theophrast ,  H.  P.,  i.,  6.— Dioscor.,  iv.,  111.) 
32fi 


D. 

DACTYLIOTHE'CA  (daKTvliodTjw),  a  case  « 
box  where  rings  were  kept.1  The  name  was  also 
applied  to  a  cabinet  or  collection  of  jewels.  We 
learn  from  Pliny2  that  Scaurus,  the  stepson  of  Sulla,, 
was  the  first  person  at  Rome  who  had  a  collection 
of  this  kind,  and  that  his  was  the  only  one  till  Pom- 
pey  brought  to  Rome  the  collection  of  Mithradates, 
which  he  placed  in  the  Capitol.  Julius  Caesar  also 
placed  six  dactyliothecae  in  the  Temple  of  Venus 
Genetrix.3 

DACT'YLUS  (ddKTvloc).     (Vid.  Pes). 

DADU'CHUS  (6a6ovXoc).     {Vid.  Ei.eusinia). 

DiEDA'LA  (AaidaXa),  a  festival  celebrated  in 
Bceotia  in  honour  of  Hera,  surnamed  Nv/j.^Evo/xivjj 
or  TeAem.4  Its  origin  and  mode  of  celebration  arc 
thus  described  by  Pausanias  :5  Hera  was  once  angry 
with  Zeus,  and  withdrew  herself  to  Eubcea.  Zeus 
not  being  able  to  persuade  her  to  return,  went  to 
Cithaeron,  who  then  governed  Plataeae,  and  who  was 
said  to  be  unequalled  in  wisdom.  He  advised  Zeus 
to  get  a  wooden  statue,  to  dress  and  place  it  upon  a 
chariot,  and  to  say  that  it  was  Plataea,  the  daughter 
of  Asopus,  whom  he  was  going  to  marry.  Zeus 
foliov/ed  the  advice  of  Cithaeron,  and  no  sooner  had 
Hera  heard  of  her  husband's  projected  marriage 
than  she  returned.  But  when,  on  approaching  the 
chariot  and  dragging  off  the  coverings,  she  saw  the 
wooden  statue,  she  was  pleased  with  the  device, 
and  became  reconciled  to  Zeus.  In  remembrance 
of  this  reconciliation,  the  Plataeans  solemnized  the 
festival  of  the  daedala,  which  owes  its  name  to  Aat- 
SaXa,  the  appellation  by  which,  in  ancient  times,  stat- 
ues and  other  works  of  ingenious  and  curious  work- 
manship were  designated.6  Pausanias  was  told  that 
the  festival  was  held  every  seventh  year  ;  but  he  be- 
lieves that  it  took  place  at  shorter  intervals,  though 
he  was  unable  to  discover  the  exact  time. 

We  have  to  distinguish  between  two  festivals  of 
this  name  :  one,  which  was  celebrated  by  the  Pta- 
taeans  alone,  was  called  the  lesser  Dadala  (&aida?*a 
jutKpd),  and  was  held  in  the  following  manner :  In 
the  neighbourhood  of  Alalcomene  was  the  greatest 
oak-forest  of  Boeotia,  and  in  it  a  number  of  oak- 
trunks.  Into  this  forest  the  Plataeans  went,  and  ex- 
posed pieces  of  cooked  meat  to  the  ravens,  atten- 
tively watching  upon  which  tree  any  of  the  birds, 
after  taking  a  piece  of  the  meat,  would  settle  ;  and 
the  trees  on  which  any  of  the  ravens  settled  were 
cut  down  and  worked  into  daedala,  i.  e.,  roughly- 
hewn  statues. 

The  great  Dczdala  (Aaidaha  /j.eya?ia),  in  the  cele- 
bration of  which  the  Plataeans  were  joined  by  the 
other  Boeotians,  took  place  every  sixtieth  year ;  be- 
cause at  one  time,  when  the  Plataeans  were  absent 
from  their  country,  the  festival  had  not  been  cele- 
brated for  a  period  of  sixty  years.  At  each  of  the 
lesser  Daedala  fourteen  statues  were  made  in  the 
manner  described  above,  and  distributed  by  lot 
among  the  towns  of  Plataese,  Coronea,  Thespiae, 
Tanagra,  Chaeronea,  Orchomenos,  Lebadea,  and 
Thebes ;  the  smaller  towns  took  one  statue  in  com- 
mon. The  Boeotians  assembled  on  the  banks  of  the 
Asopus ;  here  a  statue  of  Hera  was  adorned  and 
raised  on  a  chariot,  and  a  young  bride  led  the  pro- 
cession. The  Boeotians  then  decided  by  lot  in  what 
order  they  were  to  form  the  procession,  and  drove 
their  chariots  away  from  the  river  and  up  Mount 
Cithaeron,  on  the  summit  of  which  an  altar  was 
erected  of  square  pieces  of  wood,  fitted  togethe* 
like  stones.     This  altar  was  covered  with  a  quanti- 


1.  (Mart.,  xi.,  59.)— 2.  (H.  N.,  xxxvii.,  5.)— 3.  (Plin.,  1.  c.)- 
4.  (Paus.,  ix.,  2,  5.) — 5.  (Paus.,  ix.,  3,  1,  &c.) — 6.  (Damm,  }j»k 
ic,  s.  v.  &aida\nc.) 


DAMNUM 


DAPHNE. 


ty  of  dry  wooJ,  and  the  towns,  persons  of  rank,  and 
other  wealthy  individuals,  offered  each  a  heifer  to 
Hera  and  a  bull  to  Zeus,  with  plenty  of  wine  and 
incense,  and  at  the  same  time  placed  the  daedala 
upon  the  altar.  For  those  who  did  not  possess  suf- 
ficient means,  it  was  customary  to  offer  small  sheep ; 
but  all  their  offerings  were  burned  in  the  same  man- 
ner as  those  of  the  wealthier  persons.  The  fire 
consumed  both  offerings  and  altar,  and  the  immense 
flame  thus  kindled  was  seen  far  and  wide. 

The  account  of  the  origin  of  the  daedala  given  by 
Pausanias  agrees  in  the  main  points  with  the  story 
related  by  Plutarch,1  who  wrote  a  work  on  the  Pla- 
taean  daedala  ;  the  only  difference  is,  that  Plutarch 
represents  Zeus  as  receiving  his  advice  to  deceive 
Hera  from  Alalcornenes,  and  that  he  calls  the 
wooden  statue  by  which  ihe  goddess  was  to  be  de- 
ceived Daedala  instead  of  Plataea.  Plutarch  also 
adds  some  remarks  respecting  the  meaning  of  the 
festival,  and  thinks  that  the  dispute  between  Zeus 
and  Hera  had  reference  to  the  physical  revolutions 
to  which  Bceotia,  at  a  very  remote  period,  had  been 
subject,  and  their  reconciliation  to  the  restoration 
of  order  in  the  elements.2 

*DACRYD'ION  (cWpvcW),  a  name  for  Scam- 
mony,  given  to  it  by  Alexander  of  Tralles.     ( Vid. 

SCAMMONIA.)3 

*DACT/YLI  (SuktvXoc),  the  fruit  of  the  Palm- 
tree  The  earlier  Greek  writers  called  this  by  the 
names  of  tyoivineg,  <poiviKog  fiukavoi,  and  (poiviKofja- 
Xavot.  The  appellation  duicTvXot  occurs  first  in  the 
works  of  the  medical  authors,  but  came  afterward 
into  general  use ;  from  it  the  name  of  the  fruit  in 
question  is  derived  in  all  the  modern  languages  of 
Europe.  Thus  they  are  called  dactyles  in  Spanish, 
dattili  in  Italian,  datteln  in  German,  and  dates  in 
French  and  English.     {Vid.  Piicenix.)* 

♦DAMASO'NIUM  ( dafiaouviov ),  a  plant,  the 
tame,  according  to  Galen,  with  the  uXiafia  of  Dios- 
corides.  Stephens  calls  it  Plantago  aquatica.  Cor- 
dus.,  Sprengel,  and  Sibthorp  accordingly  acknowl- 
edge it  as  the  Water  Plantain,  or  Alisma  plantago, 
I.6 

DAMNI  INJURIA  ACTIO.  The  Aquilia  lex, 
m  the  first  chapter,  provided  that,  if  a  man  unlaw- 
fully (injuria)  killed  a  slave  or  quadruped  (qua  pecu- 
dum  numero  sit)  which  belonged  to  another,  he  was 
bound  to  pay  to  the  owner  the  highest  value  that 
the  slave  or  animal  had  within  the  year  preceding 
the  unlawful  act.  By  the  third  chapter  he  was 
bound  to  pay  the  highest  value  that  the  slave  or 
animal  had  within  the  thirty  days  preceding  the 
unlawful  act.  A  person  whose  slave  was  killed 
(injuria)  might  either  prosecute  the  offender  capi- 
tally (capitali  criminc),  or  might  bring  his  action  for 
damage  under  this  lex.  The  actions  of  the  lex 
Aquilia  (actiones  directce)  were  limited  to  damage 
done  by  actual  contact  (corpore),  and  only  the  owner 
of  the  thing  damaged  could  sue.  Afterward,  an 
Kstio  utilis  was  given  in  the  case  where  the  injury 
vas  done  corpori  but  not  corpore ;  as  if  a  man  per- 
suaded a  neighbour's  slave  to  get  up  a  tree,  and  he 
fell  down  and  died,  or  was  injured  :  such  actio  was 
also  given  to  him  who  had  a  jus  in  re.6 

DAMNUM  signifies  generally  any  injury  to  a  per- 
son's property,  and  it  is  either  damnum  factum, 
datum,  damage  done,  or  damnum  infectum,  metu- 
endum,  damage  apprehended.  (Vid.  Damnum  In- 
fectum.) Damage  done  to  our  actual  property  is 
simply  called  damnum  ;  that  damage  which  is 
caused  by  our  being  prevented   from  acquiring  a 

1.  (ap.  Euseb.,  De  Praeparat.  Evang.,  iii.,  p.  83,  and  Fragm., 
P.  759,  &c,  ed.Wyttenb.)— 2.  (Vid.  Creuzer,  Symbol,  und  My- 
thol.,  ii.,  p.  580,  and  Miiller's  Orchom.,  p.  211,  &c.)— 3.  (Adams, 
Append.,  s.  v.) — 4.  (Adams,  Append., 's.  v.) — 5.  (Galen,  De 
5unj  vi  --Paul.  JEg\n.,  vii.,  3.  —  Dioscorides.  iii..  154.— 
kdams,  Aj  per.d.,  s.  v.)— 6.  (Gaiui,  iii.,  210,  <kc— Dig.  9,  tit.  2.) 

U  v 


certain  gain  .'s  called  lucrum  cessans:  b&th  are 
sometimes  comprehended  under  the  phrase  "  id 
quod  interest,"  though  this  expression  is  more  fre- 
quently applied  to  that  compensation  which  a  man 
claims  beyond  the  baie  value  of  the  thing  damaged, 
and  sometimes  it  signifies  the  bare  loss  only.  To 
make  good  any  damage  done  is  called  damnum 
praestare. 

The  causes  of  damnum  are  either  chance  (casus) 
or  the  acts  of  human  beings,  which,  when  charac- 
terized by  dolus  malus  or  culpa,  become  damnum 
in  the  restricted  and  legal  sense.  (Vid.  Culpa.) 
Delay  (mora)  is  included  by  some  writers  under  the 
causes  of  damnum,  but  it  might  be  appropriately 
considered  as  a  form  of  culpa. 

DAMNUM  INFECTUM  is  damage  not  done,  but 
apprehended.  For  instance,  if  a  man  feared  that 
mischief  might  happen  to  his  property  from  the  di- 
lapidated state  of  his  neighbour's  buildings,  he  could 
require  from  the  owner,  or  from  the  occupier  who 
had  a  jus  in  re,  or  even  from  the  possessor,  securi- 
ty (cautio)  against  the  mischief  that  was  appre- 
hended. The  mode  of  obtaining  this  cautio  was 
by  the  damni  infecti  actio.  The  actor  was  obliged 
to  swear  that  he  did  not  require  the  cautio,  calum- 
niae  causa.  If  the  cautio  was  not  given  within  the 
time  named  by  the  judex,  the  actor  was  permitted 
to  take  possession  of  the  ruinous  edifice.  If  a  man's 
house  fell  and  injured  the  house  of  a  neighbour  be- 
fore any  cautio  had  been  given,  the  sufferer  had  no 
right  of  action,  if  the  person  whose  house  had  tum- 
bled down  was  content  to  relinquish  all  right  to 
what  had  fallen  on  his  neighbour's  premises.1 

DAMOS'IA  (da/uooia),  the  escort  or  suite  of  the 
Spartan  kings  in  time  of  war.  It  consisted  of  his 
tent  comrades  (ovcwrivoi),  to  whom  the  polemarchs, 
Pythians,  and  three  of  the  equals  (o[iolol)  also  be- 
longed ;a  of  the  prophets,  surgeons,  flute-players, 
volunteers  in  the  army,3  Olympian  conquerors,* 
public  servants,  &c.  The  two  ephors  who  attend- 
ed the  king  on  military  expeditions  also  formed  part 
of  the  damosia.5 

DANAKE  (davatcn),  the  name  of  a  foreign  coin, 
according  to  Hesychius6  worth  a  little  more  than 
an  obolos.  According  to  some  writers  it  was  a 
Persian  coin.7  This  name  was  also  given  to  the 
obolos  which  was  placed  in  the  mouth  of  the  dead 
to  pay  the  ferryman  in  Hades.8  At  the  opening  of 
a  grave  at  Same  in  Cephallenia,  a  coin  was  found 
between  the  teeth  of  the  corpse.9 

DANEPON.     (Vid.  Interest  op  Money.) 

♦DAPHNE  (ddfvn),  the  Laurus  of  the  Romans, 
and  our  Bay-tree  ;  not  the  Laurel,  as  it  is  frequent- 
ly rendered.  "  Translators,  "  observes  Martyn, 
"  frequently  confound  the  Laurel  and  the  Bay,  as  if 
they  were  the  same  tree,  and  what  the  Romans 
called  Laurus.  Our  Laurel  was  hardly  known  in 
Europe  till  the  latter  end  of  the  sixteenth  century, 
about  which  time  it  appears  to  have  been  brought 
from  Trebizond  to  Constantinople,  and  thence  into 
most  parts  of  Europe.  The  Laurel  has  no  fine 
smell,  which  is  a  property  ascribed  to  the  Laurus 
by  Virgil.  Nor  is  the  Laurel  remarkable  for  crack- 
ling in  the  fire,  of  which  there  is  abundant  mention 
with  regard  to  the  Laurus.  These  characters  agree 
very  well  with  the  Bay-tree,  which  seems  to  be 
most  certainly  the  Laurus  of  the  ancients,  and  is  at 
this  time  frequent  in  the  woods  and  hedges  of 
Italy.  The  first  discoverers  of  the  Laurus  gave  if 
the  name  of  Laurocerasus,  because  it  has  a  leaf 
something  like  a  bay  and  a  fruit  like  a  cherry."1' 


I.  (Dig.  39,  tit.  2.)— 2.  (Xen.,  Rep.  Lac,  xiii.,  1.)— 3.  (Xen., 
Rep.  Lac,  xiii.,  7.)— 4.  (Plut.,  Lye,  22.)— 5.  (Miiller,  Dorians, 
lit.,  12,  b  5.)— 0.  (s.  v.)— 7.  (Pollux,  Onom.,  ix.,  82,  and  Hem- 
stern,  ad  loc.)— 8.  (Hesych.,  s.  v.— Lucian,  De  Luctu,  c.  10.)— 
9.  (Stackelberg,  Die  Gneber  der  Ilellenen*.  p.  42.— Becker, 
Charikles,  i:..,  p.  170.)— 10.  (Martyn  ad  Virg.,  Georg.,i.,  306.) 

337 


DAPHNEPHORIA. 


DARICUS. 


In  snort,  as  Adams  remarks,  the  SaQvij  is  the  Lau- 
rus  nobilis,  L.  The  durnvrj  'A?ie^dv6peia  of  Dios- 
corides  is  unquestionably,  according  to  the  same 
authority,  the  Butcher's  Broom,  or  Alexandrean 
Laurel,  i.  e.,  Ruscus  Hypoglossum.1 

DAPHNEPHORIA  (Aa<j>v7i<popia),  a  festival  cel- 
ebrated every  ninth  year  at  Thebes  in  honour  of 
Apollo,  surnamed  Ismenins  or  Galaxius.  Its  name 
was  derived  from  the  branches  of  bay  (d&Qvai)  which 
were  carried  by  those  who  took  part  in  its  celebra- 
tion. A  full  account  of  the  festival  is  given  by 
Proclus.2  At  one  time  all  the  iEolians  of  Arne 
and  the  adjacent  districts,  at  the  command  of  an 
oracle,  laid  siege  to  Thebes,  which  was  at  the  same 
time  attacked  by  the  Pelasgians,  and  ravaged  the 
neighbouring  country.  But  when  the  day  came 
on  which  both  parties  had  to  celebrate  a  festival 
of  Apollo,  a  truce  was  concluded,  and  on  the  day 
of  the  festival  they  went  with  bay-boughs  to  the 
temple  of  the  god.  But  Polematas,  the  general  of 
the  Boeotians,  had  a  vision,  in  which  he  saw  a 
young  man  who  presented  to  him  a  complete  suit 
of  armour,  and  who  made  him  vow  to  institute  a 
festival,  to  be  celebrated  every  ninth  year,  in  hon- 
our of  Apollo,  at  which  the  Thebans,  with  bay- 
boughs  in  their  hands,  were  to  go  to  his  temple. 
When,  on  the  third  day  after  this  vision,  both  par- 
ties again  were  engaged  in  close  combat,  Polema- 
tas gained  the  victory.  He  now  fulfilled  his  prom- 
ise, and  walked  himself  to  the  temple  of  Apollo  in 
the  manner  prescribed  by  the  being  he  had  seen  in 
his  vision.  And  ever  since  that  time,  continues 
Proclus,  this  custom  has  been  strictly  observed. 
Respecting  the  mode  of  celebration,  he  adds  :  At 
the  daphnephoria  they  adorn  a  piece  of  olive-wood 
with  garlands  of  bay  and  various  flowers :  on  the 
op  of  it  a  brazen  globe  is  placed,  from  which  small- 
er ones  are  suspended  ;  purple  garlands,  smaller 
than  those  at  the  top,  are  attached  to  the  middle 
part  of  the  wood,  and  the  lowest  part  is  covered 
with  a  crocus-coloured  envelope.  By  the  globe  on 
the  top  they  indicate  the  sun,  which  is  identical 
with  Apollo  ;  the  globe  immediately  below  the  first 
represents  the  moon  ;  and  the  smaller  suspending 
globes  are  symbols  of  the  stars.  The  number  of 
garlands  being  365,  indicates  the  course  of  the  year. 
At  the  head  of  the  procession  walked  a  youth, 
whose  father  and  mother  must  be  living.  This 
youth  was,  according  to  Pausanias,3  chosen  priest 
of  Apollo  every  year,  and  called  Sacpv^-popor  •  he 
was  always  of  a  handsome  figure  and  strong,  and 
taken  from  the  most  distinguished  families  of 
Thebes.  Immediately  before  this  youthful  priest 
walked  his  nearest  kinsman,  who  bore  the  adorned 
piece  of  olive-wood,  which  was  called  kuttu.  The 
priest  followed,  bearing  in  his  hand  a  bay-branch, 
with  dishevelled  and  floating  hair,  wearing  a  golden 
crown  on  his  head,  a  magnificent  robe  which  reach- 
ed down  to  his  feet  (jcodripTjq),  and  a  kind  of  shoes, 
called  'tytKpuTidec,  from  the  general,  Iphicrates, 
who  had  first  introduced  them.  Behind  the  priest 
there  followed  a  choir  of  maidens,  with  boughs  in 
their  hands  and  singing  hymns.  In  this  manner 
the  procession  went  to  the  Temple  of  Apollo  Isme- 
nius  or  Galaxius.  It  would  seem  from  Pausanias 
that  all  the  boys  of  the  town  wore  laurel  garlands 
on  this  occasion,  and  that  it  was  customary  for  the 
sons  of  wealthy  parents  to  dedicate  to  the  god  bra- 
zen tripods,  a  considerable  number  of  which  wTere 
seen  in  the  temple  by  Pausanias  himself.  Among 
them  was  one  which  was  said  to  have  been  dedica- 
ted by  Amphitryon,  at  the  time  when  Heracles  was 
daphnephorus.     This  last  circumstance  shows  that 


1.  (Dioscor.,  i.,  J06. — Galen,  De  Simpl.,  vi. — Bauhin's  Pinax, 
fi03. — Adams,  Append,  s.  v.)— 2  (Chrestomath.,  p.  11.)— 3. 
<xx.,  10,  $  4.) 

338 


the  daphnephoria,  whatever  changes  may  have  been 
subsequently  introduced,  was  a  very  ancient  festival. 

There  was  a  great  similarity  between  this  festi- 
val and  a  solemn  rite  observed  by  the  Delphians, 
who  sent  every  ninth  year  a  sacred  boy  to  Tempe. 
This  boy  went  on  the  sacred  road,1  and  returned 
home  as  bay-bearer  (ScupvTjQopos)  amid  the  joyful 
songs  of  choruses  of  maidens.  This  solemnity  was 
observed  in  commemoration  of  the  purification  of 
Apollo  at  the  altar  in  Tempe,  whither  he  had  fled 
after  killing  the  Python,  and  was  held  in  the  montb 
of  Thargelion  (probably  on  the  seventh  day).  It  is 
a  very  probable  conjecture  of  Miiller,2  that  the  Boeo- 
tian daphnephoria  took  place  in  the  same  month 
and  on  the  same  day  on  which  the  Delphian  boy 
broke  the  purifying  bay-boughs  in  Tempe. 

The  Athenians  seem  likewise  to  have  celebrated 
a  festival  of  the  same  nature,  but  the  only  mention 
we  have  of  it  is  in  Proclus,3  who  says  that  the 
Athenians  honoured  the  seventh  day  as  sacred  to 
Apollo ;  that  they  carried  bay-boughs,  and  adorned 
the  basket  (kuveov,  see  Canephoros)  with  garlands, 
and  sang  hymns  to  the  god.  Respecting  the  astro- 
nomical character  of  the  daphnephoria,  see  Miiller, 
Orchom.,  p.  220 ;  and  Creuzer,  Symbol,  und  Mythol.> 
ii.,  p.  160. 

*DAPHNOI'DES(<M>i;o5ic5eV)  according  to  Spren 
gel,  the  Daphne  Alpina ;  and  the  xalial^<j>vri  °f.  Di 
oscorides,  the  Ruscus  Racemosus* 

DARE  ACTIO'NEM.     (Vid.  Actio,  p.  18.) 

DARI'CUS  (dapeinog),  a  gold  coin  of  Persia, 
stamped  on  one  side  with  the  figure  of  an  archer 
crowned  and  kneeling  upon  one  knee,  and  on  the 
other  with  a  sort  of  quadrata  incusa  or  deep  cleft. 
The  origin  of  this  coin  is  doubtful.  We  know  from 
Herodotus5  that  Darius  reformed  the  Persian  cur- 
rency, and  stamped  gold  of  the  purest  standard ; 
whence  it  has  been  supposed  that  the  daricus  was 
so  called  from  him.  Harpocration,  however,  says4 
that  the  name  wTas  older  than  this  Darius,  and 
taken  from  an  earlier  king.  Gesenius7  supposes 
the  name  to  be  derived  from  an  ancient  Persian 
word  signifying  king,  or  royal  palace,  or  the  bow 
of  the  king,  in  allusion  to  the  figure  stamped  upon 
it. 

This  coin  had  a  very  extensive  circulation,  not 
only  in  the  Persian  empire,  but  also  in  Greece. 
The  pay  given  by  Cyrus  to  the  soldiers  of  Clearchus 
was  a  daricus  a  month  ;8  and  the  same  pay  was  of- 
fered to  the  same  troops  by  Thimbrion,  a  Lacedae- 
monian general.9  In  the  later  books  of  the  Old  Tes- 
tament, the  daricus  is  supposed  to  be  mentioned 

under  the  names  of  adarkon  (p'3*V1$0  and  darke- 

mon  (p'D^-n).10 

Harpocration  says  that,  according  to  some  pei- 
sons,  the  daricus  was  worth  twenty  silver  drachmae  ; 
which  agrees  with  the  statement  of  Xenophon,11  who 
informs  us  that  3000  darics  were  equal  to  ten  tal- 
ents, which  would  consequently  make  the  daricus 
equal  to  twenty  drachmae.  The  value  of  the  dari- 
cus in  our  money,  computed  from  the  drachma,  ia 
I65.  3d.  ;  but  if  reckoned  by  comparison  with  out 
gold  money,  it  is  worth  much  more.  The  darics  in 
the  British  Museum  weigh  1284  grains  and  1286 
grains  respectively.  Hussey13  calculates  the  dari- 
cus as  containing  on  an  average  about  123-7  grains 

123'7 
of  pure  gold,  and  therefore  equal  in  value  to  ■ 

of  a  sovereign,  or  about  11.  Is.  IQd.  1-76  farthings. 
Very  few  darics  have  come  down  to  us ;  theii 

1.  (Plut.,  Qusest.  Gr.,  12.)— 2.  (Dor.,  ii., 8,  $4.)— 3.  Zap.  Pho- 
tiura,  p.  987.) — 4.  (Adams,  Append.,  s.  v.) — 5.  (iv.,  166.) — 6 
(S,  v.)— 7.  (Hebr.  Lexicon.)— 8.  (Xen.,  Anab.,  i.,  3,  t>  21.)— 9. 
(Ibid.,  vii.,  6,  t)  1.)— 10.'  {Vid.  1  Chron.,xxix,  7.— E7ra,  viii  ,27  , 
ii.,  69.— Nehem.,  vii.,  70,  72.)— 11.  (Anab.,  i.,  7,  9  18., -I« 
(Ancient  Weights,  &c,  vii.,  3.) 


DECASMOS 


DECEMVIRI 


scarcity  may  be  accounted  for  by  the  fact  that,  after 
the  conquest  of  Persia,  they  were  melted  down 
and  recoined  under  the  type  of  Alexander. 

There  are  also  silver  coins  which  go  by  the  name 
of  darics,  on  account  of  their  bearing  the  figure  of 
an  archer ;  but  they  were  never  called  by  this  name 
in  ancient  times.  Aryandes,  who  was  appointed 
governor  of  Egypt  by  Cambyses,  is  supposed  to 
have  been  the  first  who  struck  these  silver  coins,  in 
imitation  of  the  gold  coinage  of  Darius  Hystaspis.1 


IOLD  DARIC.       BRITISH  MUSEUM.       ACTUAL  SIZE. 


SILVER  DARIC.       BRITISH  MUSEUM.       ACTUAL  SIZE. 

*DASCILLUS  (duGKiXkos),  the  name  of  a  fish 
mentioned  by  Aristotle.  Rondelet  and  Gesner  con- 
fess their  inability  to  determine  what  kind  of  fish  it 
was.8 

*DA/SYPUS  (daavirovg),  a  term  sometimes  ap- 
plied to  the  common  Hare,  or  he-pus  timidus,  but 
more  particularly  to  the  Lcpus  cuniculus,  the  Coney 
or  Rabbit.  "  The  SapJwn  of  the  Bible,"  observes 
Adams,  "  has  been  generally  taken  for  the  Coney, 
but  Biblical  commentators  seem  now  agreed  that 
it  was  rather  the  Ashkoko,  an  animal  first  described 
accurately  by  the  traveller  Bruce."3 

•DAUCUS  (davfcoc),  a  plant,  three  species  of 
which  are  described  by  Dioscorides.  The  first  of 
these  is,  according  to  Sprengel,  the  Athamanta  Cre- 
tcnsis  ;  the  2d,  the  Athamanta  cervana  ;  and  the  3d, 
the  Seseli  ammoidcs.  Dierbach  agrees  with  Spren- 
gel. Stephens  makes  the  first  species  to  be  the 
"  wild  Carrot."  Galen  states  that  it  is  the  same  as 
the  orafyvTdvog.  Stackhouse  suggests  that  the  dav- 
kov  da<j)vo£idis of  Theophrastus  may  be  the  Thapsia* 

DE'BITOR.     (Vid.  Nexus.) 

DECADOUCHOI  (detcadovx01),  the  members  of 
a  council  of  Ten,  who  succeeded  the  Thirty  in  the 
supreme  power  at  Athens.  B.C.  403. 5  They  were 
chosen  from  the  ten  tribes,  one  from  each  -,6  but, 
though  opposed  to  the  Thirty,  sent  ambassadors  to 
Sparta  to  ask  for  assistance  against  Thrasybulus 
and  the  exiles.  They  remained  masters  of  Athens 
till  the  party  of  Thrasybulus  obtained  possession  of 
the  city,  and  the  democracy  was  restored.7 

DECAR'CHIA  (de/tapjt'a)  or  DECADAR'CHIA 
\deKadapxia),  was  a  supreme  council  established  in 
many  of  the  Grecian  cities  by  the  Lacedaemonians, 
who  intrusted  to  it  the  whole  government  of  the 
state  under  the  direction  of  a  Spartan  harmost.  It 
always  consisted  of  the  leading  members  of  the  ar- 
istocratical  party.8  This  form  of  government  ap- 
pears to  have  been  first  established  by  Lysander  at 
Ephesus.9 

DECASMOS  (deKaufiog),  Bribery.     There  were 

1.  (Herod.,  iv.,  166.)— 2.  (Aristotle,  H.  A.,vih.,4.)— 3.  (Aris- 
t<>t.,  II.  A.,  i.,  6  ;  v.,  8.  —  Harris,  Nat.  Hist.  Bibl.,  p.  91.)— 4. 
'Dioscor.,  iii.,  76. — Nicand.,  Ther.,  94. — Adams,  Append.,  s.  v.) 
-5.  (Harpocrat.,  s.  v.)— 6.  (Xen.,  Hell.,ii.,  4,  $  23.)—  7.  (Com- 
pare Lysias,  c.  Eratosth.,  p.  420.— Wachsmut.h,  i.,  2,  p.  266.) — 
3.  (Harpocrat.,  s.  v.  A£Ka&zpx<a- — Schneider  ad  Aristot.,  Pol., 
i.t  146,  147  )— 9.  (Plut.,  Lys.,  5.— Wachsmuth.  ii..  2,  p.  245.) 


two  actions  for  bribery  at  Athens  :  one,  called  de 
nao/iov  ypa<pij,  lay  against  the  person  who  gave  the 
bribe ;  and  the  other,  called  dupov  or  duoodoKtas 
ypa<pT/,  against  the  person  who  received  it.1     1  hese 
actions  applied  to  the  bribery  of  citizens  in  the  put 
lie  assemblies  of  the  people  (cvvdeKa&iv  itjv  ekkXtj- 
aiav2),  of  the  Heliaea  or  any  of  the  courts  of  justice, 
of  the  (3ovXr/,  and  of  the  public  advocates  (cvvriyo 
pot3).      Demosthenes,*  indeed,   says   that  orators 
were  forbidden  by  the  law  not  merely  to  abstain 
from  receiving  gifts  for  the  injury  of  the  state,  but 
even  to  receive  any  present  at  all. 

According  to  Aristotle,5  Anytus  was  the  first  per- 
son at  Athens  who  bribed  the  judges  ;  and  we  learn 
from  Plutarch6  that  he  did  so,  when  he  was  charged 
with  having  been  guilty  of  treachery  at  Pylos,  at  the 
end  of  the  Peloponnesian  war.  Other  writers  say 
that  Melitus  was  the  first  person  who  bribed  the 
judges.7 

Actions  for  bribery  were  under  the  jurisdiction  of 
the  thesmothetae.8  The  punishment  on  conviction 
of  the  defendant  was  death,  or  payment  of  ten  times 
the  value  of  the  gift  received,  to  which  the  court 
might  add  an  additional  punishment  (7rpoGTi/j.r]fia). 
Thus  Demosthenes  was  sentenced  to  a  fine  of  50 
talents  by  an  action  for  bribery,  and  also  thrown 
into  prison.9 

DECATE  (deicdry).     {Vid.  Decum^:.) 
DECATE'LOGOI  (UaaTTjMyot).  (Vid.  Decum^e). 
DECATEUTAI  (deKarevTai).     (Vid.  Decum^e.) 
DECATEUTE'RION  (deKarevrypiov).    (Vid.  De- 

CUM^E.) 

DECATO'NAI  (deKaruvai).  (Vid.  Decum^e.) 
DECEMBER.  (Vid.  Calendar,  Roman.) 
DECE'MPEDA,  a  pole  ten  feet  long,  used  by  the 
agrimensores  (vid.  Agrimensores)  in  measuring 
land.10  Thus  we  find  that  the  agrimensores  were 
sometimes  called  decempedalores  (L.  Antonius,  qui 
fuerat  aquissimus  agri  privati  ct  publici  decempeda' 
tor11). 

DECE'MVIRI,  the  name  of  various  magistrates 
and  functionaries  at  Rome. 

I.  Decemviri  Legibus  Scribendis  were  ten  per- 
sons who  were  appointed  to  draw  up  a  code  of  laws, 
and  to  whom  the  whole  government  of  the  state 
was  intrusted.  As  early  as  B.C.  460,  a  law  was 
proposed  by  Caius  Terentilius  Harsa,  that  commis 
sioners  should  be  appointed  for  drawing  up  a  body 
of  laws  ;  but  this  was  violently  opposed  by  the  pa- 
tricians ;13  and  it  was  not  till  after  a  struggle  of  nine 
years  that  the  patricians  consented  to  send  three 
persons  to  Greece,  to  collect  such  information  re- 
specting the  laws  and  constitutions  of  the  Greek 
states  as  might  be  useful  to  the  Romans.13  They 
were  absent  a  year  ;  and  on  their  return,  after  con- 
siderable dispute  between  the  patricians  and  plebe- 
ians, ten  commissioners  of  the  patrician  order  were 
appointed,  with  the  title  of  "  decemviri  legibus  scri 
bendis,"  to  whom  the  revision  of  the  laws  was  com- 
mitted. All  the  other  magistracies  were  suspend- 
ed, and  they  were  intrusted  with  supreme  power 
in  the  state.14  Niebuhr,  however,  supposes  that  the 
tribuneship  was  not  given  up  till  the  second  decem- 
virate;  but  Dionysius  expressly  says  that  it  was 
superseded  in  the  first. 

The  decemviri  entered  upon  their  office  at  the 
beginning  of  the  year  449  B.C.  They  consisted  of 
Appius  Claudius  and  Titus  Genucius,  the  new  con 


1.  (Pollux,  viii.,  42.)  —2.  (^Esch.,  c.  Timarch.,  c.  16,  p.  12  ) 
— 3.  (Demosth.,  c.  Stsph.,  ii.,  p.  1137,  1.) — 4.  (De  Falsa  Leg., 
p.  343.) — 5.  (apud  Harpocrat.,  s.  v.  Aeicdsuv.)  —  6.  (Coriol.,  c. 
14.)— 7.  (Petit,  Leg.  Att.,  p.  427,  and  Duker's  no;e.)  —  8.  (De- 
mosth., c.  Steph.,  1.  c.)  — 9.  (Bockh,  Publ.  Econ.  of  Athens,  ii 
p.  116,  transl.— Meier,  Att.  Proc,  p.  352.)— 10.  (Cic,  Pro  Mil. 
c.  27. — Hor.,  Carm.,  II.,  xv.,  14. — Cic,  Philipp.,  xiv.,  4.)  —  11 
(Cic,  Philipp.,  xiii.,  18.)— 12.  (Liv.,  iii.,  9.,~-13.  (Liv.,  i;i..  31 
— 14.  (Dionys.,  x.,  56.) 

339 


DECEMVIRI. 


DECU&LE. 


Bills,  of  the  wardf  n  of  the  city,  and  of  the  two  quaes- 
torf,s  parricidii,  as  Niebuhr  conjectures,  and  of  five 
otLers  chosen  by  the  centuries.  They  discharged 
the  duties  of  their  office  with  diligence,  and  dispen- 
aed  justice  with  impartiality.  Each  administered 
the  government  day  by  day  in  succession,  as  during 
an  interregnum  ;  and  the  fasces  were  only  carried 
before  the  one  who  presided  for  the  day.1  They  drew 
up  a  body  of  laws,  distributed  into  ten  sections, 
which,  after  being  approved  of  by  the  senate  and 
the  comitia,  were  engraven  on  tables  of  metal,  and 
set  up  in  the  comitium. 

On  the  expiration  of  their  year  of  office,  all  par- 
ties were  so  well  satisfied  with  the  manner  in  which 
they  had  discharged  their  duties,  that  it  was  resolv- 
ed to  continue  the  same  form  of  government  for  an- 
other year  ;  more  especially  as  some  of  the  decem- 
virs said  that  their  work  was  not  finished.     Ten 
new  decemvirs  were  accordingly  elected,  of  whom 
Appius  Claudius  alone  had  belonged  to  the  former 
body  ;a  and  of  his  nine  new  colleagues  Niebuhr 
thinks  that  five  were  plebeians.    These  magistrates 
framed  several  new  laws,  which  were  approved  of 
by  the  centuries,  and  engraven  on  two  additional 
tables.  .  They  acted,  however,  in  a  most  tyrannical 
manner.     Each  was  attended  by  twelve  lictors, 
who  carried,  not  the  rods  only,  but  the  axe,  the 
emblem  of  sovereignty.    They  made  common  cause 
with  the  patrician  party,  and  committed  all  kinds 
of  outrages  upon  the  persons  and  property  of  the 
plebeians  and  their  families.     When  their  year  of 
office  expired,  they  refused  to  resign  or  to  appoint 
successors.    Niebuhr,  however,  considers  it  certain 
that  they  were  appointed  for  a  longer  period  than  a 
year,  since  otherwise  they  would  not  have  been 
Tequired  to  resign  their  office,  but  interreges  would 
at  the  expiration  of  the  year  have  stepped  into  their 
place.     This,  however,  does  not  seem  conclusive, 
since  the  decemvirs  were  at  the  time  in  possession 
of  the  whole  power  of  the  state,  and  would  have 
prevented  any  attempt  of  the  kind.     At  length  the 
unjust  decision  of  Appius  Claudius  in  the  case  of 
Virginia,  which  led  her  father  to  kill  her  with  his 
own  hands  to  save  her  from  prostitution,  occasion- 
ed an  insurrection  of  the  people.     The  decemvirs 
were  in  consequence  obliged  to  resign  their  office, 
B.C.  447,  after  which  the  usual  magistracies  were 
re-established.3 

The  ten  tables  of  the  former,  and  the  two  tables 
of  the  latter  decemvirs,  together  form  the  laws  of 
the  Twelve  Tables,  of  which  an  account  is  given  in 
a  separate  article.     (Vid.  Twelve  Tables.) 

II.  Decemviri  Litibus  Jtjdicandis.  (Vid  Prae- 
tor.) 

III.  Decemviri  Sacris  Faciundis,  sometimes 
called  simply  Decemviri  Sacrorum,  were  the  mem- 
bers of  an  ecclesiastical  collegium,  and  were  elected 
for  life.  Their  chief  duty  was  to  take  care  of  the 
Sibylline  books,  and  to  inspect  them  on  all  impor- 
tant occasions  by  command  of  the  senate.*  Virgil5 
alludes  to  them  in  his  address  to  the  Sibyl:  "Lectos 
sacrabo  viros." 

Under  the  kings  the  care  of  the  Sibylline  books 
was  committed  to  two  men  (duumviri)  of  high  rank,6 
one  of  whom,  called  Atilius  or  Tullius,  was  punish- 
ed by  Tarquinius  for  being  unfaithful  to  his  trust, 
by  being  sewed  up  in  a  sack  and  cast  into  the  sea.7 
On  the  expulsion  of  the  kings,  the  care  of  these 
books  was  intrusted  to  the  noblest  of  the  patricians, 
who  were  exempted  from  all  military  and  civil  du- 
ties. Their  number  was  increased  about  the  year 
365  B.C.  to  ten,  of  whom  five  were  chosen  from 

1.  (Liv.,  iii.,  33.)  — 2.  (Liv.,  iii.,  35. —  Dionys.,  x.,  53.)— 3. 

(Niebuhr,  Hist.  Rome,  vol.  ii.,  p.  309-356,  transl. — Arnold,  Hist. 

of  Rome,  vol.  i.,  p.  250-313.) — 4.  (Liv.,  vii.,27;  xxi.,  62;  xxxi., 

12.)— 5.  (JEn.,  vi.,  73.)— 6.  (Dionys.,  iv.,  62.)— 7.  (Dionys., I.e. 

-Val.  Max.,  i.,  1,  $  13.) 

340 


the  patrici&js  and  five  from  the  plebeians.1  Subse- 
quently their  number  was  still  farther  increased  to 
fifteen  (guindecemviri),  but  at  what  time  is  uncer- 
tain. As,  however,  there  were  decemviri  in  B.C. 
82,  when  the  Capitol  was  burned,2  and  we  read  of 
decemviri  in  the  time  of  Cicero,3  it  appears  proba- 
ble that  their  number  was  increased  from  ten  to 
fifteen  by  Sulla,  especially  as  we  know  that  he  in- 
creased the  numbers  of  several  of  the  other  ecclesi- 
astical corporations.  Julius  Ceesar  added  one  more 
to  their  number  ;*  but  this  precedent  was  not  fol- 
lowed, as  the  collegium  always  appears  to  have 
consisted  afterward  of  only  fifteen. 

It  was  also  the  duty  of  the  decemviri  and  quin- 
queviri  to  celebrate  the  games  of  Apollo5  and  the 
secular  games.6  They  were,  in  fact,  considered 
priests  of  Apollo,  whence  each  of  them  had  in  his 
house  a  bronze  tripod  dedicated  to  that  deity.7 

DECLMA'TIO  was  the  selection,  by  lot,  of  every 
tenth  man  for  punishment,  when  any  number  of 
soldiers  in  the  Roman  army  had  been  guilty  of  any 
crime.  The  remainder  usually  had  barley  allowed 
to  them  instead  of  wheat.8  This  punishment  does 
not  appear  to  have  been  often  inflicted  in  the  early 
times  of  the  Republic,  but  is  frequently  mentioned 
in  the  civil  wars  and  under  the  Empire.  It  is  said 
to  have  been  revived  by  Crassus,  after  being  die- 
continued  for  a  long  time  (YlaTpLov  tl  tovto  6cu  tto/.- 
2,C)v  XP°VCJV  KoXaajua  rolg  arpa-turaig  errayayuv*). 
For  instances  of  this  punishment,  see  Liv.,  ii.,  59. 
— Suet.,  Aug.,  24;  Galba,  12.— Tacit.,  Hist.,  i.,  37.— 
Dio,  xli.,  35  ;  xlix.,  27,  38. 

Sometimes  only  the  twentieth  man  was  punished 
{vicesimatio\  or  the  hundredth  (centesimatio10)- 

DECRE'TUM  seems  to  mean  that  which  is  de- 
termined in  a  particular  case  after  examination  oi 
consideration.     It  is  sometimes  applied  to  a  deter- 
mination of  the  consuls,  and  sometimes  to  a  deter- 
mination of  the  senate.     A  decretum  of  the  senate 
would  seem  to  differ  from  a  senatus  consultum  in 
the  way  above  indicated :  it  was  limited  to  the  spe- 
cial occasion  and  circumstances,  and  this  would  be 
true  wliether  the  decretum  was  of  a  judicial  or  a 
legislative  character.     But  this  distinction  in  the 
use  of  the  two  words,  as  applied  to  an  act  of  the 
senate,  was,  perhaps,  not  always  observed.     Cice- 
ro11 opposes  edictum  to  decretum,  between  which 
there  is  in  this  passage  apparently  the  same  analo- 
gy as  between  a  consultum  and  decretum  of  the 
senate.     A  decretum,  as  one  of  the  parts  or  kinds 
of  constitutio,  was  a  judicial  decision  in  a  case  be- 
fore the  sovereign.     (Vid.  Constitutio.)     Gaius,1 
when  he  is  speaking  of  interdicta,  says  that  they 
are  properly  called  decreta,  "  cum  (prsetor  aut  pro- 
consul) fieri  aliquid  jubet,"  and  interdicta  when  he 
forbids.     A  judex  is  said  "  condemnare,"  not  "  de- 
cernere,"  a  word  which  in  judicial  proceedings  is 
appropriate  to  a  magistratus  who  has  jurisdictio. 

DE'CUIVLE  (sc.  partes)  formed  a  portion  of  the 
vectigalia  of  the  Romans,  and  were  paid  by  subjects 
whose  territory,  either  by  conquest  or  deditio,  had 
become  the  property  of  the  state  (ager  puhlicus). 
They  consisted,  as  the  name  denotes,  of  a  tithe  or 
tenth  of  the  produce  of  the  soil,  levied  upon  the 
cultivators  (aratores)  or  occupiers  (posscssores)  of 
the  lands,  which,  from  being  subject  to  this  pay- 
ment, were  called  agri  decuman i.  The  tax  of  a 
tenth  was,  however,  generally  paid  by  corn  lands 
plantations  and  vineyards,  as  requiring  no  seed  and 
less  labour,  paid  a  fifth  of  the  produce.13 
We  also  find  the  expression  "decumates  agri" 


1.  (Liv.,  vi.,  37-42.)— 2.  (Dionys.,  1.  c.)— 3.  (ad  Fam.,  viii.,  4.) 
—4.  (Dion  Cass.,  xliii.,  51.)— 5.  (Liv.,  x.,  8.)— 6.  (Tac.,  Ann., 
xi.,  li. — Hor.,  Carm.  Sa;c.,  70.) — 7.  (Servius  ad  Vhg.,  JEn.,  iii., 
332.)— 8.  (Polyb.,  vi.,  38.— Cic.,  Pro  Cluent.,  46.)— 9.  (Plut , 
Crass.,  10.)— 10.  (Capitol.,  Macrin.,  12.)— 11.  (ad  Fam..  xiii. 
56.)— 12.  (iv.,  140.)- -13.  (Appian,  Bel!.  Civ.,  i.,7.) 


DECUALE. 


DEICELISTAT. 


applied  to  districts  in  Germany  which  were  occu- 
pied by  Roman  soldiers  or  auxiliaries,  after  the  ex- 
pulsion of  the  old  proprietors,  subject  to  the  pay- 
ment of  a  tenth  part  of  the  produce.  It  is  probable 
that  there  were  many  such  ;  and  if  so,  it  is  useless 
to  inquire  where  the  lands  so  called  were  situated.1 
Tacitus  merely  says  of  them  that  they  lay  beyond 
the  Rhine  and  the  Danube.  The  name  of  decuma- 
ni  was  also  applied  to  the  farmers  of  these  tributes, 
who  purchased  them  from  the  state,  and  then  col- 
IbO! fidthem  on  their  own  account.    (Vid.  Pubmcani.) 

The  system  of  exacting  a  tenth  of  the  produce 
from  the  occupiers  of  land  which  had  become  the 
property  of  the  state,  seems  to  have  been  of  great 
antiquity :  thus  a  tradition  is  preserved  of  the  Ro- 
mans themselves  having  at  one  time  paid  a  tenth 
to  the  Etruscans,  a  story  which  Niebuhr8  refers  to 
the  surrender  (dcdit.to)  of  the  city  to  Porsenna.3 
The  practice  is  best  illustrated  by  the  case  of  Sicily. 
It  appears  from  Cicero*  that  the  Romans,  on  redu- 
cing this  island  to  a  province,  allowed  to  the  old  in- 
habitants the  continuance  of  their  ancient  rights  (ut 
r.odcm  jure  csscnt,  quo  fuisscnt),  and  that,  with  some 
few  exceptions,  the  territory  of  all  the  states  (omnis 
ager  Sicilies  cuitatwm)  was  subjected,  as  formerly, 
to  the  payment  of  a  tithe  on  corn,  wine,  oil,  and  the 
"fruges  minutes,"  it  was  farther  determined  that 
the  place  and  time  of  paying  these  tithes  to  the  de- 
cumani  should  "  be  and  continue"  as  settled  by  the 
law  of  King  Hiero  (lex  Hieronica),  which  enacted 
severe  penalties  against  any  arator  who  did  not  pay 
his  due,  as  well  as  against  the  decumani  who  ex- 
acted more  than  their  tenth.  It  is  interesting  to  re- 
mark, that  the  coloni,  who  afterward  occupied  the 
lands  of  the  Romish  Church  in  Sicily,  and  were 
farmed  out  along  with  the  smaller  plots  of  land  to 
the  "  conductores"  or  lessees  of  the  Church,  paid 
for  rent  a  fixed  portion  of  the  produce,  which  was 
sometimes  delivered  in  kind,  sometimes  bought  off 
with  money.  A  letter  of  Gregory  VII.  shows  that 
these  coloni  suffered  the  same  sort  of  grievances 
as  the  aratores  under  the  prastor  Verres.6  Exac- 
tions of  this  kind  were  not,  however,  peculiar  to  the 
foreign  provinces  of  Rome  :  they  were  also  levied 
on  public  lands  in  Italy :  as,  for  instance,  on  the 
"  ager  Campanus,"  which  we  read  of  as  being  vec- 
tigalis,  before  it  was  apportioned  to  a  number  of 
Roman  citizens  by  a  lex  agraria  of  Julius  Ca;sar.6 
(Vid.  Agk art je  Leges.) 

A  similar  system  existed  in  Greece  also  ;  the 
tenths  being  paid  as  a  usufruct  on  property  which 
was  not  freehold,  though  the  right  of  occupation 
might  be  acquired  by  inheritance  or  purchase  :  thus 
a  tyrannus  demanded  tithes  from  his  subjects  in  his 
right  as  proprietor  of  the  lands  they  occupied  ;  Pei- 
sistratus,  for  instance,  imposed  a  tax  of  a  tenth  on 
the  lands  of  the  Athenians,  which  the  Peisistratidae 
lowered  to  a  twentieth.7  We  use  the  word  "  usu- 
fruct," in  the  previous  sentence,  in  its  common  ac- 
ceptation ;  but  the  "  usus  fructus"  of  Roman  law 
seems  to  be  the  same  as  "usus  et  fructus."  The 
profit  which  the  state  derived  from  the,  land  was 
termed  "  fructus,"  and  the  occupation  for  which  it 
was  paid,  "usus."8  The  same  principle  was  also 
applied  to  religious  purposes :  thus  Xenophon  sub- 
ected  the  occupiers  (rove  lxovrac  Kat  Kap7rovfj,evovc) 
of  the  land  he  purchased  near  Scillus  to  a  payment 
of  tithes  in  support  of  a  temple  of  Artemis,  the  god- 
dess to  whom  the  purchase-money  was  dedicated  ; 
the  Delian  Apollo  also  received  tenths  from  the 
Cyclades.9     That  many  such  charges  originated  in 

1.  (Tacit.,  Ger.,  29.— Ann.,  xiii.,  54,  ed.  Walther.)— 2.  (Hist. 
Rom.,  i.,  546,  transl.)— 3.  (Tacit.,  Hist.,  iii.,  72.) — 4.  (c.  Verr., 
act.  ii.,  lib.  iii.)—  6.  (Savignv,  Philol.  Mus.,  ii.,  129.)— 6.  (Suet., 
Cjs.,  20.)— 7.  (Thucyd.,  vi..  54.)— 8.  (Nieb.,  Rom.  Hist.)— 9. 
(Xen.,  Auab.,  v  ,  3,  I)  11  — Callira.,  Hymn.  Del..  272,  ed.  Span- 
htlm.) 


conquest,  or  something  similar,  may  be  ir»ierr%wi 
from  the  statement  of  Herodotus,1  that  at  the  time 
of  the  Persian  war  the  confederate  Greeks  made  a 
vow,  by  which  all  the  states  who  had  surrendered 
themselves  to  the  enemy  were  subjected  to  the 
payment  of  tithes  for  the  use  of  the  god  at  Delphi. 

The  tenth  (to  hmdeitaTov)  of  confiscated  property 
was  also  sometimes  applied  to  similar  objects.3  The 
tithes  of  the  public  lands  belonging  to  Athens  were 
farmed  out,  as  at  Rome,  to  contractors,  called  6eKa- 
ruvat :  the  term  deKarrjloyot  was  applied  to  the  col- 
lectors ;  but  the  callings  were,  as  we  might  suppose, 
often  united  in  the  same  person.  The  title  deKarev- 
rat  is  applied  to  both.  A  denary,  or  tenth  of  a  dif- 
ferent kind,  was  the  arbitrary  exaction  imposed  by 
the  Athenians  (B.C.  410)  on  the  cargoes  of  all  ships 
sailing  into  or  out  of  the  Pontus.  They  lost  it  by 
the  battle  of  iEgospotami  (B.C.  4Q5),  but  it  was 
re-established  by  Thrasybulus  about  B.C.  391. 

This  tithe  was  also  let  out  to  farm.3    The  tithe- 
house  for  the  receipt  of  this  duty  was  called  cte/ca- 
revTTJpiov  :  to  sail  by  necessity  to  it,  napayuytdfrtv.* 
DECUMA'NI.     (Vid.  Decumje.) 
DECUMA'NI  AGRI.     (Vid.  Decum^e.) 
DECUMA'TES  AGRI.     (  Vid.  Decum.e.) 
DECU'RIA.     (Vid.  Army,  Roman,  p.  104.) 
DECURIO'NES.     (Vid.  Army,  Roman,  p.  104v 
DECURIO'NES.     (Vid.  Colonia,  p.  282.) 
DECUSSIS.     (Vid.  As,  p.  111.) 
DEDPTIO.     (Vid.  Dediticu.) 
DEDITPCII  are  one  of  the  three  classes  of  Ufc 
ertini.     The  lex  ^Elia  Sentia  provided  that,  if  a 
slave  was  put  in  bonds  by  his  master  as  a  punish- 
ment, or  branded,  or  put  to  the  torture  for  an  of*- 
fence  and  convicted,  or  delivered  up  to  fight  with 
wild  beasts,  or  sent  into  a  ludus  (gladiatorius),  ot 
put  in  confinement  (custodia),  and  then  manumitted 
either  by  his  then  owner  or  by  another  owner,  he 
merely  acquired  the  status  of  a  peregrinus  deditici- 
us,  and  had  not  even  the  privileges  of  a  Latinus. 
The  peregrini  dediticii  were  those  who,  in  former 
times,  had  taken  up  arrm;  against  the  Roman  peo- 
ple, and,  being  conquered,  had  surrendered  them- 
selves.    They  were,  in  fact,  a  people  who  were  ab- 
solutely subdued,  and  yielded  conditionally  to  the 
conquerors,  and,  of  course,  had  no  other  relation  to 
Rome  than  that  of  subjects.     The  form  of  deditio 
occurs  in  Livy.5 

The  dediticii  existed  as  a  class  of  persons  who 
were  neither  slaves,  nor  cives,  nor  Latini,  at  least 
as  late  as  the  time  of  Uipian.  Their  civil  condition, 
as  is  stated  above,  was  formed  by  analogy  to  the 
condition  of  a  conquered  people,  who  did  not  indi- 
vidually lose  their  freedom,  but  as  a  community  lost 
all  political  existence.  In  the  case  of  the  Volsci, 
Livy  inclines  to  the  opinion  that  the  four  thousand 
who  were  sold  were  slaves,  and  not  dediti.6 
DEDUCTO'RES.  (Vid.  Ambitus,  p.  46). 
DEICELISTAI  (detKTjTuorai  or  diKe'Aiorai :  La- 
cedaemonian, deLKe?aKTai,  from  6eUe7ioc,  imitating), 
a  name  which  was,  indeed,  sometimes  applied  by 
the  Spartans  to  any  class  of  actors  on  the  stage  ;7 
but  it  properly  belonged  to  a  class  of  buffoons  or 
improvisatore,  who,  in  the  language  of  the  common 
people,  and  in  a  very  artless  manner,  imitated  some 
comic  event.  This  kind  of  amusement,  according 
to  Sosibius,8  was  very  old  at  Sparta,  and  consisted 
in  imitating  some  foreign  physician,  or  persons 
(probably  boys)  who  stole  fruit  in  the  autumn,  or  tha 
remains  of  meals,  and  were  caught  with  their  goods.' 
The  play  itself  is  called  by  Pollux  a  mimic  dance ; 

1.  (vii.,  132.)— 2.  (Xen.,  Heil.,  i.,  7,  I)  11.)— 3.  (Demosth.,  c 
Leptin.,  475,  ed.  Bekker.— Xen.,  Hellen.,  iv.,  8,  <)  27,  31.)— 4 
(Bockh,  vol.  ii.,  p.  41,  transl.)— 5.  (i.,  37.)— 6.  (Gams,  i.,  13, 
&c— Ulp.,  Frajr.,  tit.  1,  s.  11.)— 7.  (Plut.,  Agesil.,  21.— Lacon. 
Apophlh..  p.  185.)— 8.  (ap.  Athen.,  xiv.,  p.  621.)— 9.  (Pollux, 
Or.om.,  iv.,  14,  104.  compared  with  Suidas,  s.  v.  £wo-<&o$.) 

341 


DEIPNON. 


DEIPNON. 


but,  from  the  words  of  Sosibius,  we  must  conclude 
that  the  action  represented  was  only  alternating 
with  comic  dances,  or  accompanied  by  them.  Athe- 
nseus1  gives  a  list  of  names  by  which  these  mimic 
actors,  who  were  extremely  popular  among  the  an- 
cients generally,  were  designated  in  various  parts 
of  Greece.  It  is  highly  probable  that  the  repre- 
sentations of  the  SsLKe/uarai  were  peculiar  to  some 
religious  festival,  and  it  has  been  supposed  that  they 
were  connected  with  the  celebration  of  the  Diony- 
sia  at  Sparta.2 

DEIG.MA  {delyiia),  a  particular  place  in  the  Pei- 
raeus,  as  well  as  in  the  harbours  of  other  states, 
where  merchants  exposed  samples  of  their  goods 
for  sale.3  The  samples  themselves  were  called 
delyfiara.* 

DEJECTUM  EFFUSUM.  {Vid.  Dejecti  Effu- 
sive Actio.) 

DEJECTI  EFFUSIVE  ACTIO.  This  was  ah 
action  given  by  the  praetors  edict  against  a  person 
who  threw  or  poured  out  anything  from  a  place  or 
upper  chamber  (ccenaculum)  upon  a  road  which  is 
frequented  by  passengers,  or  on  a  place  where  peo- 
ple use  to  stand.  The  action  was  against  the  oc- 
cupier, not  the  owner.  If  several  persons  inhabited 
a  ccenaculum,  and  any  injury  was  done  to  another 
by  a  thing  being  thrown  or  poured  out  of  it,  he  had 
a  right  of  action  against  any  of  them,  if  the  doer 
was  uncertain.  The  damages  recoverable  were  to 
double  the  amount  of  the  damage,  except  in  the  case 
of  a  liber,  when  they  were  fifty  aurei  if  he  was  kill- 
ed ;  if  he  was  only  injured  in  his  person,  they  were 
"  quantum  ob  earn  rem  sequum  judici  videbitur  eum 
cum  quo  agatur  condemnari,"  which  included  the 
expenses  of  a  medical  attendant,  loss  of  time,  &c, 
but  not  damage  done  to  his  apparel,  &c.  If  injury 
was  caused  by  a  thing  being  thrown  from  a  ship, 
there  was  an  actio  ;  for  the  words  of  the  edict  are, 
"  Unde  in  eum  locum  quo  volgo  iter  fiat  vel  in  quo 
consistatur,  dejectum,"  &c. 

As  many  of  the  houses  in  Rome  were  lofty,  and 
inhabited  to  the  top  by  the  poor,5  and  probably  as 
there  were  very  imperfect  means  for  carrying  off 
rubbish  and  other  accumulations,  it  was  necessary 
to  provide  against  accidents  which  might  happen  by 
such  things  being  thrown  through  the  window.  Ac- 
cording to  Labeo's  opinion,  the  edict  only  applied  to 
the  daytime,  and  not  to  the  night,  which,  however, 
was  the  more  dangerous  time  for  a  passer- bv.6 

DEILE  {deilri).     (Vid.  Dies.) 

AEIA1A2  TPA$H  (dsi/uac  ypa<bfj),  the  name  of  a 
suit  instituted  against  soldiers  who  had  been  guilty 
)f  cowardice.7  The  presidency  of  the  court  be- 
longed to  the  strategi,  and  the  court  was  composed 
of  soldiers  who  had  served  in  the  campaign.8  The 
punishment,  on  conviction,  appears  to  have  been 
uTifiia.     Compare  A2TPATEIA2  TPA$H. 

DEIPNON  (del-xvov).  The  present  article  is  de- 
signed to  give  a  sketch  of  Grecian  meals,  and  cus- 
toms connected  with  them.  The  materials  for  such 
an  account,  during  the  classical  period  of  Athens 
and  Sparta,  are  almost  confined  to  incidental  allu- 
sions of  Plato  and  the  comic  writers.  Several  an- 
cient authors,  termed  <5eim>6?.oyoi.,  are  mentioned 
by  Atheneeus ;  but,  unfortunately,  their  writings 
only  survive  in  the  fragments  quoted  by  him.  His 
great  work,  the  Deipnosophists,  is  an  inexhaustible 
treasury  of  this  kind  of  knowledge,  but  ill  arranged, 


1.  (1.  c.)— 2.  (Vid.  Muller,  Dorians,  iv.,  6,  t)  9.)— 3.  (Harpo- 
crat.,  s.  v. — Pollux,  Onom.,  ix.,  34. — Aristoph.,  Equit.,  974. — De- 
mosth.,  c.  Lacr.,  932,  20. — Theophrast.,  Charact.,  23.) — 4.  (Plu- 
tarch, Demosth.,  23. — Bftckh,  Publ.  Econ.  of  Athens,  i.,  p.  81.) 
—5.  (Cic,  Agr.,  ii.,  c.  35.— Hor.,  Epist.,  I.,  i.,  91.— Juv.,  Sat., 
x.,  17.)— 6  (Di?.  9,  tit.  3.— Juv.,  Sat.,  iii.,  268,  &c.)— 7.  (JEsch., 
c.  Ctes.,  566.— Lysias,  c.  AHb.,  520,  525.)— 8.  (Lvsias,  c.  Alcib., 
521  )  ' 

342 


'  and  with  little  attempt  to  distinguhh  the  customs 
of  different  periods. 

The  poems  of  Homer  contain  a  real  picture  of 
early  manners,  in  every  way  worthy  of  the  antiqua- 
rian's attention.  As  they  stand  apart  from  all  oth- 
er  writings,  it  will  be  convenient  to  exhibit  in  one 
view  the  state  of  things  which  they  describe.  It  is 
;  not  to  be  expected  that  the  Homeric  meals  at  all 
I  agree  with  the  customs  of  a  later  period  ;  indeed,  it 
would  be  a  mere  waste  of  time  to  attempt  adapting 
the  one  to  the  other.  Athenseus,1  who  has  entered 
fully  into  the  subject,  remarks  on  the  singular  sim- 
plicity of  the  Homeric  banquets,  in  which  kings  and 
private  men  all  partake  of  the  same  food.  It  was 
common  even  for  royal  personages  to  prepare  their 
own  meals  ;2  and  Ulysses3  declares  himself  no  mean 
proficient  in  the  culinary  art : 

Uvp  t"  ev  vnrjaai,  dia  de  ijvAa  dava  Ktancai 
AaiTpsvaat  re  nal  b-xrfiaai  Kal  oivoxorjoai. 
Three  names  of  meals  occur  in  the  Iliad  and  Odys- 
sey :  upiarov,  delizvov,  dopnov.    This  division  of  the 
meals  is  ascribed,  in  a  fragment  of  ^Eschylus  quo 
ted  by  Athenaeus,4  to  Palamedes,  Kal  ratjiupxac  nal 
aTparapxac,  Kal  EKarovrapxac  £~a^a-  clrov  6'  eidevat 
dtupiaa,    upiara,    dsl-va,   66pna   ■&'   alpelodai    rpta. 
The  word  upiorov  uniformly  means  the  early  («/x' 
7]oZb),  as  66p~ov  does  the  late  meal;  but  Seltzvov,  on 
the  other  hand,  is  used  for  either,6  apparently  with- 
out any  reference  to  time.     We  should  be  careful, 
however,  how  we  argue  from  the  unsettled  habits 
of  a  camp  to  the  regular  customs  of  ordinary  life. 

From  numerous  passages  in  the  Iliad  and  Odys- 
sey, it  appears  to  have  been  usual  to  sit  during  meal- 
times. In  the  palace  of  Telemachus,  before  eating, 
a  servant  brings  Minerva,  who  is  habited  as  a  stran- 
ger, the  ^tpwi/;,  or  lustral  water,  "  in  a  golden  pitch- 
er, pouring  it  over  a  silver  vessel."7  Beef,  mutton, 
and  goat's  flesh  were  the  ordinary  meats,  usually 
eaten  roasted  ;  yet  from  the  lines9 

'Qc  de  7Mr)c  fri  ivdov,  eTreiyofxevoc  rrvpl  ttoITuo 
Kviocrn  /ncldofiEvoc  a~aAo~p£<p£nc  ciuAoio, 

we  learn  that  boiled  meats  were  held  to  be  far  from 
unsavoury.  Cheese,  flour,  and  occasionally  fruits, 
also  formed  part  of  the  Homeric  meals.  Bread, 
brought  on  in  baskets,9  and  salt  (a?.c,  to  which  Ho- 
mer gives  the  epithet  &eioc),  are  mentioned :  from 
Od  ,  xvii.,  455,  the  latter  appears,  even  at  this  early 
period,  to  have  been  a  sign  of  hospitality ;  in  Od., 
xi.,  122,  it  is  the  mark  of  a  strange  people  not  to 
know  its  use. 

Each  guest  appears  to  have  had  his  own  table, 
and  he  who  was  first  in  rank  presided  over  the  rest. 
Menelaus,  at  the  marriage  feast  of  Hermione,  begins 
the  banquet  by  taking  in  his  hands  the  side  of  a 
roasted  ox,  and  placing  it  before  his  friends.10  At 
the  same  entertainment  music  and  dancing  are  in- 
troduced :  "The  divine  minstiel  hymned  to  the 
sound  of  the  lyre,  and  two  tumblers  (kvBicttittjpe) 
began  the  festive  strain,  wheeling  round  in  the 
midst."  It  was  not  beneath  the  notions  of  those 
early  days  to  stimulate  the  heroes  to  battle," 

"E<5p7?  re,  npeaoiv  re,  ids  tzAelolc.  5£ttu£oolv  : 

and  Ajax,  on  his  return  from  the  contest  with  Hec- 
tor, is  presented  by  Agamemnon  with  the  vura  dtif- 

VEKEa. 

The  names  of  several  articles  of  the  festive  board 
occur  in  the  Iliad  and  Odyssey.  Knives,  spits,  cups 
of  various  shapes  and  sizes,  bottles  made  of  goat- 
skin, casks,  &c,  are  all  mentioned.  Many  sorts  oi 
wine  were  in  use  among  the  heroes  ;  some  of  Nes- 
tor's is  remarked  on  as  being  eleven  years  old.   The 


1.  (i.,  p.  8.)— 2.  (II.,  ix.,  206-218.— Compare  Gen.,  xxvii.,  31.) 
—3.  (Od.,  xv.,  322.)— 4.  (i.,  p.  11.)— 5.  (Od.,  xvi.,  2.)— 6.  (II.. 
ii.,  381.— Od.,  xvii.,  170.)— 7.  (Od.,  i.,  136.)— 8.  (II.,  xxi.,  363  ) 
—9.  (II ,  ix.,  217.)— 10.  (Od.,  iv.,  65.)— 11.  (II.,  xH  ,  311.) 


DEIPNON. 


DEIPJNON. 


Maronean.  wine,  so  called  from  Maron,  a  hero,  was 
especially  celebrated,  and  wrould  bear  mingling  with 
twenty  times  its  own  quantity  of  water.  It  may  be 
observed  that  wine  was  seldom,  a  ever,  drunk  pure. 
When  Nestor  and  Machaon  sit  down  together,  "  a 
woman,"  like  unto  a  goddess,  sets  before  them  a 
polished  table,  with  a  brazen  tray,  tni  de  tcpopvov 
Trory  oipov.  Then  she  mingles  a  cup  of  Pramnian 
wine  in  Nestor's  own  goblet,  and  cuts  the  cheese 
of  goat's  mdk  with  a  steel  knife,  scattering  white 
flour  over  it.  The  guests  drank  to  one  another  : 
thus  the  gods1  deidexar'  dMrjXovg,  and  Ulysses 
pledged  Achilles,  saying,  xalP'i  'A^AeO.2  Wine 
was  drawn  from  a  larger  vessel  (vid.  Crater)  into 
the  cups  from  which  it  was  drunk,  and  before  drink- 
ing, libations  were  made  to  the  gods  by  pouring  some 
of  the  contents  on  the  ground.3 

The  interesting  scene  between  Ulysses  and  the 
swineherd4  gives  a  parallel  view  of  early  manners 
in  a  lower  grade  of  life.  After  a  welcome  has  been 
given  to  the  stranger,  "  The  swineherd  cleaves  the 
wood,  and  they  place-  the  swine  of  five  years  old  on 
the  hearth.  In  the  goodness  of  his  heart,  Eumaeus 
forgets  not  the  immortal  gods,  and  dedicates  the 
firstling  lock  with  a  prayer  for  Ulysses's  return. 
He  next  smites  the  animal  with  a  piece  of  cleft 
oak,  and  the  attendants  singe  off  the  hair.  He  then 
cuts  the  raw  meat  all  round  from  the  limbs,  and 
laying  it  in.  the  rich  fat,  and  sprinkling  flour  upon 
it,  throws  it  on  the  fire  as  an  offering  (d-rrapxv)  to 
the  gods  ;  the  rest  the  attendants  cut  up  and  pierce 
with  spits,  and,  having  cooked  it  with  cunning  skill, 
draw  off  all,  and  lay  the  mess  on  the  tables.  Then 
the  swineherd  stands  up  to  divide  the  portions,  sev- 
en portions  in  all,  five  for  himself  and  the  guests, 
end  one  apiece  to  Mercury  and  the  nymphs." 

There  is  nothing  more  worthy  of  remark  in  the 
Homeric  manners  than  the  hospitality  shown  to 
strangers.  Before  it  is  known  who  they  are,  or 
whence  they  come,  it  is  the  custom  of  the  times  to 
give  them  a  welcome  reception.5  When  Nestor 
and  his  sons  saw  the  strangers,  "  They  all  came  in 
a  crowd,  and  saluted  them  with  the  hand,  and  made 
them  sit  down  at  the  feast  on  the  soft  fleeces  by  the 
seashore." 

The  Greeks  of  a  later  age  usually  partook  of  three 
meals,  called  uKpurtaua,  upio~ov,  and  dclizvov.  The 
last,  which  corresponds  to  the  dopxov  of  the  Ho- 
meric poems,  was  the  evening  meal  or  dinner ; 
the  upioTov  was  the  luncheon ;  and  the  uKpaTiapa, 
which  answers  to  the  upicrov  of  Homer,  was  the 
early  meal  or  breakfast. 

The  aKpuTiofia  was  taken  immediately  after  rising 
in  the  morning  (ef  evvrjc,  eudev6).  It  usually  con- 
sisted of  bread  dipped  in  unmixed  wine  (uKparog), 
whence  it  derived  its  name.7 

Next  followed  the  dpiarov  or  luncheon  ;  but  the 
time  at  which  it  was  taken  is  uncertain.  It  is  fre- 
quently mentioned  in  Xenophon's  Anabasis,  and  ap- 
pears to  have  been  taken  at  different  times,  as 
would  naturally  be  the  case  with  soldiers  in  active 
service.  Suidas8  says  that  it  was  taken  about  the 
third  hour,  that  is,  about  nine  o'clock  in  the  morn- 
ing ;  but  this  account  does  not  agree  with  the 
statements  of  other  ancient  writers.  We  may  con- 
clude from  many  circumstances  that  this  meal  was 
taken  about  the  middle  of  the  day,  and  that  it  an- 
swered to  the  Roman  prandium,  as  Plutarch9  as- 
serts. Besides  which,  the  time  of  the  itl-qdovaa  dy- 
opd,  at  which  provisions  seem  to  have  been  bought 
for  the  c'.piavov,  was  from  nine  o'clock  till  noon. 
This  agrees  with  the  account  of  Aristophanes,10  who 

1  (II.,  iv.,  4.)— 2.  (II.,  ix.,  225.)— 3.  (II.,  vii.,480.)  — 4.  (Od., 
xiv.,  420.)— 5.  (Od.,  i.,  125,  &c.)— 6.  (Aristoph.,  Aves,  1286.)— 
7.  (Plut.,  Symp.,  viii.,  6,  ^  4. — Schol.  ad  Theocr.,  i.,  51. — Athe- 
naeus,  i.,  p.  11.) — 8.  (s.  v.  Acittvov.) — 9  (Symp.  viii..  6.  6  5  ) — 
10.  (Veep.,  605-612.) 


introduces  Philocleon  describing  the  pleasure  of  re« 
turning  home  after  attending  the  courts,  and  parta- 
king of  a  good  dptoTov.  The  courts  of  justice  could 
scarcely  have  finished  their  sittings  by  nine  o'clock. 
Timaeus  also  defines  defkr]  rcputa,  which  we  know 
to  have  been  the  early  part  of  the  afternoon  (vid. 
Dies),  as  the  time  before  the  uptarov.  The  dpiarot 
was  usually  a  simple  meal,  but,  of  course,  varies, 
according  to  the  habits  of  individuals.  Thus  Is- 
chomachus,  who  describes  his  mode  of  life  to  Soc- 
rates, who  greatly  approves  of  it,  says,  'ApiarCi  baa 
firjTe  Kevog  fir/re  dyav  irXfipric  6Li]/Ltep£^jjj  l 

The  principal  meal,  however,  was  the  deinvov, 
which  ought,  therefore,  according  to  our  notions,  to 
be  translated,  like  the  Latin  ccena,  by  our  word 
"  dinner."  It  was  usually  taken  rather  late  in  the 
day,  frequently  not  before  sunset.2  Aristophanes' 
says, 

2o2  de  uehrjaei, 
brav  y  detcuTrovv  to   cTOtxelov   Xnrapov  xupelv  km 
deinvov. 

But,  in  order  to  ascertain  the  time  meant  by  tie 
kuttovv  to  GToixtiov,  the  reader  is  referred  to  the  ar 
tide  Horologium. 

The  Athenians  were  a  social  people,  and  were 
very  fond  of  dining  in  company.  Entertainments 
were  usually  given,  both  in  the  heroic  ages  and  la- 
ter times,  when  sacrifices  were  offered  to  the  gods, 
either  on  public  or  private  occasions  ;  and  also  on 
the  anniversary  of  the  birthdays  of  members  of  the 
family,  or  of  illustrious  persons,  whether  living  or 
dead.  Plutarch*  speaks  of  an  entertainment  being 
given  on  the  anniversary  of  the  birthdays  both  ol 
Socrates  and  Plato. 

When  young  men  wished  to  dine  together,  they 
frequently  contributed  each  a  certain  sum  of  money, 
called  avfitolrj,  or  brought  their  own  provisions  with 
them.  When  the  first  plan  was  adopted,  they  were 
said  utto  crv/xSoXuv  detTrvelv,  and  one  individual  was 
usually  intrusted  with  the  money  to  procure  the 
provisions,  and  make  all  the  necessary  preparations. 
Thus  we  read  in  Terence,5 

"  Heri  aliquot  adolescenluli  coimus  in  Pircco, 
In  hunc  diem  ut  de  symbolis  essemus.     Chaream  ex 

rex 
Prcefecimus :   dati  annuli :  locus,  tempus  constitu- 

tum  est." 

This  kind  of  entertainment,  in  which  each  guest 
contributed  to  the  expense,  is  mentioned  in  Homer6 
under  the  name  of  epavoc. 

An  entertainment  in  which  each  person  brought 
his  own  provisions  with  him,  or,  at  least,  contributed 
something  to  the  general  stock,  was  called  a  dslxvov 
utto  anvptdog,  because  the  provisions  were  brought 
in  baskets.7  This  kind  of  entertainment*  is  also 
spoken  of  by  Xenophon.8 

The  most  usual  kind  of  entertainments,  howevei, 
were  those  in  which  a  person  invited  his  friends  to 
his  own  house.  It  was  expected  that  they  should 
come  dressed  with  more  than  ordinary  care,  and 
also  have  bathed  shortly  before ;  hence,  when  Soc- 
rates was  going  to  an  entertainment  at  Agathon's, 
we  are  told  that  he  both  washed  and  put  on  his 
shoes — things  which  he  seldom  did.9  As  soon  as 
the  guests  arrived  at  the  house  of  their  host,  their 
shoes  or  sandals  were  taken  off  by  the  slaves,  and 
their  feet  washed  (vTrolvetv  and  dnovi&iv).  In  an 
cient  works  of  art  we  frequently  see  a  slave  o 
other  person  represented  in  the  act  of  taking  off  thu 
shoes  of  the  guests,  of  which  an  example  is  given, 
from  a  terra-cotta  in  the  British  Museum,  in  p.  276. 


1.  (Xen.,  (Econ.,  ».,  18.)— 2.  (Lysias,  c.  Eratosth.,  p.  26.)— 
3.  (EccL,  652.i — I.  (Symp.,  viii.,  1,  $  1.)— 5.  (Eun.,  III.,  iv.,  1.) 
—6.  (Od-  :.,  226.>— 7.  (Athen.,  viii.,  p.  365.)— 8.  (Mem.,  iii.,  14, 
I.j— *  ,'PLato.  Symp.,  c.  2,  p.  174.) 

343 


DEIPNON 


DEIPNON. 


Alter  their  feet  had  been  washed,  the  guests  re- 
clined on  the  tiXlvai  or  couches  (Kal  e  fiev  e<j>7j  ukov- 
l(etv  top  nalda,  Iva  KaratieoiTo).1 

It  has  been  already  remarked  that  Homer  never 
describes  persons  as  reclining,  but  always  as  sitting 
at  their  meals ;  but  at  what  time  the  change  was 
introduced  is  uncertain.  Muller2  concludes  from  a 
fragment  of  Alcman,  quoted  by  Athenaeus*3  that  the 
Spartans  were  accustomed  to  recline  at  their  meals 
is  early  as  the  time  of  Alcman.  The  Dorians  of 
3rete  always  eat ;  but  the  Athenians,  like  the  Spar- 
.ans,  were  accustomed  to  recline.  The  Greek  wom- 
en and  children,  however,  like  the  Roman  (vid.  Cge- 
na,  p.  276),  continued  to  sit  at  their  meals,  as  we 
find  them  represented  in  ancient  works  of  art. 

It  was  usual  for  only  two  persons  to  recline  on 
each  couch.  Thus  Agathon  says  to  Aristodemus, 
2i>  6',  'ApiaroSrjfte,  nap'  'Epv^i/zaxov  KarauMvov  :  and 
to  Socrates,  Aevpo,  ScJupareg,  nap'  e/ue  /cara/ceicro.4 
Also,  at  a  banquet  given  by  Attaginus  of  Thebes  to 
fifty  Persians  and  fifty  Greeks,  we  are  told  that  one 
Fersian  and  one  Greek  reclined  on  each  couch.  In 
ancient  works  of  art  we  usually  see  the  guests  rep- 
resented in  this  way ;  but  sometimes  there  is  a 
larger  number  on  one  long  kXiv7),  as  in  the  woodcut 
in  page  326.  The  manner  in  which  they  reclined, 
the  oxv^  TVS  KaTanMaeug,  as  Plutarch6  calls  it,  will 
be  understood  by  referring  to  the  woodcut  already 
mentioned,  where  the  guests  are  represented  recli- 
ning with  their  left  arms  on  striped  pillows  (virayn- 
uvLa),  and  having  their  right  free ;  whence  Lucian6 
speaks  of  en'  dynuvog  deinvelv. 

After  the  guests  had  placed  themselves  on  the 
icXivai,  the  slaves  brought  in  water  to  wash  their 
hands  (vdtop  Kara  xEtP°C  edodrj).  The  subsequent 
proceedings  of  the  dinner  are  briefly  described  in 
two  lines  of  Aristophanes,7 

"Ydcop  Kara,  x£lP°C '  r"f  rpane(ag  elcQepeiv ' 
Aeinvovfiev '  uTTovevlfj.fj.ed'  •  7j6rj  onevdofiev. 

The  dinner  was  then  served  up  ;  whence  we  read, 
in  Aristophanes  and  elsewhere,  of  rag  rpan^ag  ela- 
Qipeiv,  by  which  expression  we  are  to  understand, 
not  merely  the  dishes,  but  the  tables  themselves.8 
It  appears  that  a  table,  with  provisions  upon  it,  was 
placed,  before  each  kXlvt] :  and  thus  we  find,  in  all 
ancient  works  of  art  which  represent  banquets  or 
symposia,  a  small  table  or  tripod  placed  before  the 
K/\iv7j,  and  when  there  are  more  than  two  persons 
on  the  kTi'lvt],  several  of  such  tables.  (See  woodcuts 
in  p.  276,  326).  These  tables  are  evidently  small 
enough  to  be  moved  with  ease. 

In  eating,  the  Greeks  had  no  knives  or  forks,  but 
made  use  of  their  fingers  only,  except  in  eating 
soups  or  other  liquids,  which  they  partook  of  by 
means  of  a  spoon,  called  (ivari/Xri,  fivvrpov,  or  [iva- 
rpog.  Sometimes  they  used,  instead  of  a  spoon, 
a  hollowed  piece  of  bread,  also  called  /xvo-ri/lij.9 
After  eating,  they  wiped  their  fingers  on  pieces  of 
bread,  called  uno/naydaXiai.10  They  did  not  use  any 
cloths  or  napkins ;  the  x£tpofiaKTpa  and  en/xayeia, 
which  are  sometimes  mentioned,11  were  towels, 
which  were  only  used  when  they  washed  their 
hands. 

It  appears  that  the  arrangement  of  the  dinner 
was  intrusted  to  certain  slaves.12  The  one  who 
had  the  chief  management  of  it  was  called  rpane- 
Qonotog  or  Tpane^oKo/Ltog.13 

It  would  exceed  the  limits  of  this  work  to  give 

1.  (Plato,  Symp.,  c.  3,  p.  175.)— 2.  (Dorians,  iv.,  3,  t>  1.)— 3. 
fiii;  p.  111.)— 4.  (Plato,  Symp.,  c.  3,  4,  p.  175.)— 5.  (Symp.,  v., 
ft)— 6.  (Lexiph..  c.  6.)  — 7.  (Vesp.,  1216.)  — 8.  (Philoxen.  ap. 
Atn<=m.,  iv.,  p.  146,/.) — 9.  (Pollux,  Onom.,  vi.,  87;  x.,  89. — 
/ristoph.,  Equit.,  1164. — Suidas,  s.  v.  /ivaTihj.)— 10.  (Pollux, 
Onom.,  vi.,  93.)— 11.  (Pollux,  1.  c.)— 12.  (Plato,  Symp.,  c.  3,  p. 
175.)— 13.  (Athen.,  iv.,  p.  170,  e. — Pollux,  Onom.,  iii.,  41  ;  vi., 
13) 

3H 


an  account  of  the  different  dishes  which  were  in- 
troduced at  a  Greek  dinner,  though  their  number  is 
far  below  those  which  were  usually  partaken  of  a', 
a  Roman  entertainment.  The  most  common  food 
among  the  Greeks  was  the  fid^a  (Dor.  fjdoda),  a 
kind  of  frumenty  or  soft  cake,  which  was  prepared 
in  different  ways,  as  appears  by  the  various  names 
which  were  given  to  it.1  The  iid^a  is  frequently 
mentioned  by  Aristophanes.  The  <$>vgtt]  fid&,  of 
which  Philocleon  partakes  on  returning  home  from 
the  courts,2  is  said  by  the  scholiast  to  have  been 
made  of  barley  and  wine.  The  uaCa  nnntinucd  to 
the' latest  times  to  ne  tne  common  food  of  the  lower 
classes.  Wheaten  or  barley  bread  was  the  second 
most  usual  species  of  food ;  it  was  sometimes  made 
at  home,  but  more  usually  bought  at  the  market  of 
the  upronti/Xai  or  dproncjXideg.  The  vegetables  or- 
dinarily eaten  were  mallows  (fiaAdxv),  lettuces  (&pi- 
daf),  cabbages  (pdfavot),  beans  (Kva/iot),  lentils  (0a- 
nal),  &c.  Pork  wras  the  most  favourite  animal 
food,  as  was  the  case  among  the  Romans  (vid.  Cce 
na,  p.  275) ;  Plutarch3  calls  it  to  SiKatdraTov  npeag. 
Sausages,  also,  were  very  commonly  eaten  (vid. 
Botulus).  It  is  a  curious  fact,  which  Plato*  has 
remarked,  that  we  never  read  in  Homer  of  the  he- 
roes partaking  of  fish.  In  later  times,  however, 
fish  was  one  of  the  most  favourite  articles  of  food 
among  the  Greeks,  insomuch  so  that  the  name  of 
oibov  was  applied  to  it  /car'  efrxvv.5  A  minute  ac- 
count of  the  fishes  which  the  Greeks  were  accus- 
tomed to  eat  is  given  at  the  end  of  the  seventh  book 
of  Athenasus,  arranged  in  alphabetical  order. 

The  ordinary  meal  for  the  family  was  cooked  by 
the  mistress  of  the  house,  or  by  the  female  slaves 
under  her  direction  ;  but  for  special  occasions  pro- 
fessional cooks  (/jdyeipoi)  were  hired,  of  whom  there 
appear  to  have  been  a  great  number.6  They  are 
frequently  mentioned  in  the  fragments  of  the  comic 
poets  ;  and  those  who  were  acquainted  with  all  tho 
refinements  of  their  art  were  in  great  demand  in 
other  parts  of  Greece  besides  their  own  country. 
The  Sicilian  cooks,  however,  had  the  greatest  repu- 
tation,7 and  a  Sicilian  book  on  cookery  by  one  Mi- 
thaecus  is  mentioned  in  the  Gorgias  of  Plato  ;8  but 
the  most  celebrated  work  en  the  subject  was  the 
Taorpo/Xoyia  of  Archestratus.9 

A  dinner  given  by  an  opulent  Athenian  usually 
consisted  of  two  courses,  called  respectively  nptirai 
rpune^ai  and  Sevrepat  rpdne^at.  Pollux,10  indeed, 
speaks  of  three  courses,  which  was  the  number  at 
a  R,oman  dinner  (vid.  Cosna,  p.  275  ;  and  in  the 
same  way  we  find  other  writers  under  the  Roman 
Empire  speaking  of  three  courses  at  Greek  dinners ; 
but  before  the  Roman  conquest  of  Greece,  and  the 
introduction  of  Roman  customs,  we  only  read  of 
two  courses.  The  first  course  embraced  the  whole 
of  what  we  consider  the  dinner,  namely,  fish,  poul- 
try, meat,  &c.  ;  the  second,  which  corresponds  to 
our  dessert  and  the  Roman  bellaria,  consisted  of 
different  kinds  of  fruit,  sweetmeats,  confections,  &c. 

When  the  first  course  was  finished,  the  tables 
were  taken  away  (alpecv,  dnalpeiv,  enaipetv,  dfyai- 
pelv,  i:i((j>epeiv,  (3aoTu£eiv  rag  rpane&g),  and  water 
was  given  to  the  guests  for  the  purpose  of  washing 
their  hands.  Crowns  made  of  garlands  of  flowers 
were  also  then  given  to  them,  as  well  as  various 
kinds  of  perfumes.11  Wine  was  not  drunk  till  the 
first  course  was  finished ;  but,  as  soon  as  the  guests 
had  washed  their  hands,  unmixed  wine  was  intro- 
duced in  a  large  goblet,  called  fierdviTTTpov  or  fjera- 
vLTxrpig,  of  which  each  drank  a  little,  after  pouring 

-  .    .  i  ■  ....  .  — ■     ■  —i  ...  ,._  ,4 

1.  (Pollux,  Onom.,  vi.,  76.)— 2.  (Aristoph.,  Vesp.,  610.)— 3. 
(Symp.,  iv.,  5,  $  1.)  — 4.  (De  Rep.,  iii.,  c.  13,  p.  404.)— 5. 
(Athen.,  vii.,  p.  276,  e.) — 6.  (Diog-.  Laert.,  ii.,  72.) — 7.  (Plato, 
De  Rep!,  iii.,  13,  p.  404.) — 8.  (c  156,  p.  518. — Compare  Maxim 
Tyr.,  Diss.,  iv.,  5.)— 9.  (Athen.,  iii.,  p.  104,  b.)— 10.  (vi,,  S>  W 
11.  (Philyll  pp.  Athen.,  ix.,  p.  408,  e.) 


DELIA. 


DELPH1S 


out  a  small  quantity  as  a  libation.  This  libation 
was  said  to  be  made  to  the  "  good  spirit"  (ayadov 
daiuovoc),  and  was  usually  accompanied  with  the 
singing  of  the  paean  and  the  playing  of  flutes.  After 
this  libation,  mixed  wine  was  brought  in,  and  with 
their  first  cup  the  guests  drank  to  Aibg  Zcorfipoc.1 
With  the  onovdat,  the  delirvov  closed ;  and  at  the 
introduction  of  the  dessert  (devrepai  Tpar,eC,aC)  the 
iro-rof,  ovfiirooiov,  or  ku/ioc  commenced,  of  which  an 
account  is  given  in  the  article  Symposium.2 

DELATOR,  an  informer.  The  delatores,  under 
the  emperors,  were  a  class  of  men  who  gained  their 
livelihood  by  informing  against  their  fellow-citizens.3 
They  constantly  brought  forward  false  charges  to 
gratify  the  avarice  or  jealousy  of  the  different  em- 
perors, and  were,  consequently,  paid  according  to 
the  importance  of  the  information  which  they  gave. 
In  some  cases,  however,  the  law  specified  the  sums 
which  were  to  be  given  to  informers.  Thus,  when 
a  murder  had  been  committed  in  a  family,  and  any 
of  the  slaves  belonging  to  it  had  run  away  before 
the  quaestio,  whoever  apprehended  such  slaves  re- 
ceived, for  each  slave  whom  he  apprehended,  a 
reward  of  five  aurei  from  the  property  of  the  de- 
ceased, or  else  from  the  state,  if  the  sum  could  not 
be  raised  from  the  property  of  the  deceased.*  In 
the  senatus  consultum  quoted  by  Frontinus,5  the 
informer  received  half  of  the  penalty  in  which  the 
person  was  fined  who  transgressed  the  decree  of 
the  senate.  There  seems  also  to  have  been  a  fixed 
sum  given  to  informers  by  the  lex  Papia,  since  we 
are  told  that  Nero  reduced  it  to  a  fourth.6 

The  number  of  informers,  however,  increased  so 
rapidly  under  the  early  emperors,  and  occasioned  so 
much  mischief  in  society,  that  many  of  them  were 
banished,  and  punished  in  other  ways,  by  Titus, 
Domitian,  and  Trajan.7 

DELECTUS.     (Vid.  Army,  Roman.) 

DE'LIA  {dfjlia)  is  the  name  of  festivals  and 
games  celebrated  at  the  great  panegyris  in  the  isl- 
and of  Delos,  the  centre  of  an  amphictyony,  to 
which  the  Cyclades  and  the  neighbouring  Ionians 
on  the  coasts  belonged."  Thi*  amphictyony  seems 
originally  to  have  been  instituted  simply  for  the 
purpose  of  religious  worship  in  the  common  sanc- 
tuary of  Apollo,  the  -&ebc  izarptioc.  of  the  Ionians, 
who  was  said  to  have  been  born  at  Delos.  The 
Delia,  as  appears  from  the  Hymn  on  Apollo,9  had 
existed  from  very  early  times,  and  were  celebrated 
every  fifth  year,10  and,  as  Bockh  supposes,  with 
great  probability,  on  the  sixth  and  seventh  days  of 
Thargelion,  the  birthdays  of  Apollo  and  Artemis. 
The  members  of  the  amphictyony  assembled  on 
these  occasions  (kdeupow)  in  Delos,  in  long  gar- 
ments, with  their  wives  and  children,  to  worship 
the  god  with  gymnastic  and  musical  contests,  cho- 
ruses, and  dances.  That  the  Athenians  took  part 
in  these  solemnities  at  a  very  early  period,  is  evi- 
dent from  the  Deliastae  (afterward  called  deupoi) 
mentioned  in  the  laws  of  Solon  j11  the  sacred  vessel 
(#£ wptf),  moreover,  which  they  sent  to  Delos  every 
year,  was  said  to  be  the  same  which  Theseus  had 
sent  after  his  return  from  Crete.13  The  Delians, 
during  the  celebration  of  these  solemnities,  per- 
formed the  office  of  cooks  for  those  who  visited 
their  island,  whence  they  were  called  'ElEodvTcu.13 

In  the  course  of  time,  the  celebration  of  this  an- 

1.  (Xeu.,  Symp.,  ii.,  1. — Plato,  Symp.,  c.  4,  p.  176. — Diod. 
Sic,  iv.,  3. —  Suitlas,  s.  v.  'A.yaOou  Aaipovos-) — 2.  (Becker, 
Charikles,  vol.  i.,  p.  411-450)— 3.  (Suet.,  Tib.,  c.  61.— Dom., 
12.— Tacit.,  Ann.,  iv.,  30  ;  vi  ,  47.)— 4.  (Dig.  29,  tit.  5,  s.  25.)— 
5.  (De  Aquseduct.)— 6.  (Suet.,  Nero,  10.)— 7.  (Suet.,  Tit.,  8.— 
Dom.,  9. — Mart.,  i.,  4. — Phn.,  Panoeg.,  34. — Brissonius,  Ant. 
Select.,  iii.,  17.)— 8.  (Horn.,  Hymn,  in  Apoll.,  147,  &c.)— 9. 
(Compare  Thucyd.,  iii.,  104. — Pollux,  Onom.,  ix.,  61.) — 10. 
(Pollus,  Onom.,  viii.,  104.)  — 11.  (Athen.,  vi.,  p.  234.)  — 12. 
(Vid.  commentators  on  Plato,  Crito,  p.  43,  c) — 13.  (Athen.,  iv., 
p  173.) 

Xl 


cient  panegyris  in  Delos  had  ceastd,  and  it  was  in  l 
revived  until  01.  88,  3,  when  the  Athenians,  after 
having  purified  the  island  in  the  winter  of  that  year, 
restored  the  ancient  solemnities,  and  added  horse- 
races, which  had  never  before  taken  place  at  the 
Delia.1  After  this  restoration,  Athens  being  at  the 
head  of  the  Ionian  confederacy,  took  the  most 
prominent  part  in  the  celebration  of  the  Delia ;  and 
though  the  islanders,  in  common  with  Athens,  pro- 
vided the  choruses  and  victims,  the  leader  (apxide- 
upog),  who  conducted  the  whole  solemnity,  was  an 
Athenian,3  and  the  Athenians  had  the  superintend 
ence  of  the  common  sanctuary.  ( Vid.  Amphictyons.  ) 

From  these  solemnities,  belonging  to  the  great 
Delian  panegyris,  we  must  distinguish  the  lesser 
Delia,  which  were  mentioned  above,  and  which 
were  celebrated  every  year,  probably  on  the  6th  of 
Thargelion.  The  Athenians,  on  this  occasion,  sent 
the  sacred  vessel  (deopig),  which  the  priest  of  Apol- 
lo adorned  with  bay  branches,  to  Delos.  The  em- 
bassy was  called  detopLa,  and  those  who  sailed  to  the 
island,  tieupoi ;  and  before  they  set  sail,  a  solemn 
sacrifice  was  offered  in  the  Delion  at  Marathon,  in 
order  to  obtain  a  happy  voyage.3  During  the  ab- 
sence of  the  vessel,  which  on  one  occasion  lasted 
30  days,*  the  city  of  Athens  was  purified,  and  no 
criminal  was  allowed  to  be  executed.  The  lesser 
Delia  were  said  to  have  been  instituted  by  Theseus, 
though  in  some  legends  they  are  mentioned  at  a 
much  earlier  period,  and  Plutarch5  relates  that  the 
ancient  vessel  used  by  the  founder  himself,  though 
often  repaired,  was  preserved  and  used  by  the  Athe- 
nians down  to  the  time  of  Demetrius  Phalereus.* 

DELICTUM.     (Vid.  Crimen.) 

DELPHI'NIA  \deA(j>Lvia),  a  festival  of  the  same 
expiatory  character  as  the  Apollonia,  which  was 
celebrated  in  various  towns  of  Greece,  in  honour  of 
Apollo,  surnamed  Delphinius,  who  was  considerec1 
by  the  Ionians  as  their  ti-ebc  Tzarptiog.  The  name  of 
the  god,  as  well  as  that  of  his  festival,  must  be  de- 
rived from  the  belief  of  the  ancients,  that  in  t4ie  be- 
ginning of  the  month  of  Munychion  (probably  iden- 
tical with  the  ^Eginetan  Delphinius)  Apollo  came 
through  the  defile  of  Parnassus  to  Delphi,  and  be- 
gan the  battle  with  Delphyne.  As  he  thus  assumed 
the  character  of  a  wrathful  god,  it  was  thought  ne- 
cessary to  appease  him,  and  the  Delphinia,  accord- 
ingly, were  celebrated  at  Athens,  as  well  as  at  other 
places  where  his  worship  had  been  adopted,  on  the 
6th  of  Munychion.  At  Athens  seven  boys  and  girls 
carried  olive-branches,  bound  with  white  wool 
(called  the  iKeTrjpia),  into  the  Delphinium.7 

The  Delphinia  of  iEgina  are  mentioned  by  the 
scholiast  on  Pindar,8  and,  from  his  remark  on  an- 
other passage,  it  is9  clear  that  they  were  celebrated 
with  contests.10  Concerning  the  celebration  of  the 
Delphinia  in  other  places,  nothing  is  known  ;  but  we 
have  reason  to  suppose  that  the  rites  observed  at 
Athens  and  in  ^Egina  were  common  to  all  festivals 
of  the  same  name.11 

DELPHIS  or  DELPHIN  (delate  or  defyiv),  an 
instrument  of  naval  warfare.  It  consisted  of  a 
large  mass  of  iron  or  lead  suspended  on  a  beam, 
which  projected  from  the  mast  of  the  ship  like  a 
yard-arm.  It  was  used  to  sink  or  make  a  hole  in 
an  enemy's  vessel,  by  being  dropped  upon  it  when 
alongside.13 

There  seems  no  necessity  for  supposing  that  n 

1.  (Thucyd.,  1.  c.)— 2.  (Plut.,  Nic,  3.— Wolf,  Introd.  ad  De 
mosth.  Lept.,  p.  xc.)— 3.  (Muller,  Dor.,  ii.,  2, 14.)— 4.  (Plat., 
Phoedon,  p.  58.— Xen.,  Mem.,  iv.,  8,  (,  2.)— 5.  (Thes.,  23.)— 6 
(BUckh,  Staatsh.  der  Ath.,  ii.,  p.  216,  &c— Thirlwall,  Hist,  ot 
Greece,  iii.,  p.  217.)— 7.  (Pint.,  Thes.,  18.)— 8.  (Pyth.,  vtii., 
88.)— 9.  (Olymp.,  vii.,  151.)— 10.  (Compare  Diog.  Laert.,  Vit. 
Thai.,  c.  7.— Muller,  Dor.,  ii.,  8,  6  4.)— 11.  (Vid.  Muller,  JEgi* 
net.,  p.  152.)— 12.  (Aristoph.,  Equit.,  759  -Thucyd.,  tu  .  41  — 
Schol.  ad  Thucyd.,  1.  c. — Hesych.,  s   v  ) 

345 


DEMARUHI. 


DEMIOPRATA. 


was  made  in  the  shape  of  a  dolphin.  Bars  of  iron 
osed  for  ballast  are  at  the  present  day  called  "pigs," 
though  they  bear  no  resemblance  to  that  animal. 
Probably  the  detyivee  were  hoisted  aloft  only  when 
going  into  action.  We  may  also  conjecture  that 
they  were  fitted,  not  so  much  to  the  swift  (raxelai) 
triremes,  as  to  the  military  transports  (aTpariurideg, 
oTr^iTuycoyot),  for  the  sailing  of  the  former  would  be 
much  impeded  by  so  large  a  weight  of  metal.  At 
any  rate,  those  that  Thucydides  speaks  of  were  not 
on  the  triremes,  but  on  the  olicudec. 

*DELPHIS,  DELPHIN,  or  DELPHI'NUS,  the 
Dolphin,  or  Dclphinus  Delphis,  L.1  "  This  animal," 
says  Cuvier,  speaking  of  the  D.  Delphis,  "  found  in 
numerous  troops  in  every  sea,  and  celebrated  for  the 
velocity  of  its  movements,  which  sometimes  cause 
it  to  precipitate  itself  on  the  helms  of  vessels,  ap- 
pears to  have  been  really  the  Dolphin  of  the  an- 
cients. The  entire  organization  of  the  brain  indi- 
cates that  degree  of  docility  which  they  universally 
attributed  to  this  animal."2  The  internal  organiza- 
tion of  the  ear  also  renders  this  animal  susceptible 
of  great  attention  :  it  produces  a  sensibility  to  mu- 
sical sounds,  and  enables  the  Dolphin  to  distinguish, 
at  a  considerable  distance,  the  cries  of  joy  or  alarm 
of  its  congeners.  "  Some  authors,"  observes  Grif- 
fith,3 "  more  especially  the  ancients,  have  not  only 
celebrated  the  mutual  friendship  subsisting  among 
the  Dolphins  themselves,  but  have  also  asserted  that 
they  have  a  lively  and  natural  affection  towards  the 
human  species,  with  which  they  are  easily  led  to 
familiarize ;  and  they  have  recounted  many  mar- 
vellous stories  on  this  subject.  All  that  is  known 
on  this  point  with  certainty  is,  that  when  these  ani- 
mals perceive  a  ship  at  sea,  they  rush  in  a  crowd 
before  it,  surround  it,  and  express  their  confidence 
by  rapid,  varied,  and  repeated  evolutions ;  some- 
times bounding,  leaping,  and  manoeuvring  in  all 
manner  of  ways,  sometimes  performing  complicated 
circumvolutions,  and  exhibiting  a  degree  of  grace, 
fcgiiity,  dexterity,  and  strength  which  is  perfectly 
astonishing.  We  must  not,  however,  be  deceived 
by  such  external  show  of  affection.  These  animals, 
represepted  as  susceptible  of  so  much  attachment 
to  rr,*ii,  are  thoroughly  carnivorous,  and  if  they  fol- 
low the  track  of  vessels,  it  is,  perhaps,  with  no  oth- 
er view  than  the  hope  of  preying  on  something  that 
may  fall  from  them."  The  Grampus  (a  fish  in  na- 
ture nearly  allied  to  the  Dolphin)  would  seem  to  be 
the  Orca  of  Pliny.  "  It  is  not  noticed,"  observes  Ad- 
ams, "  by  the  Greek  authors,  unless,  as  some  have 
supposed,  it  be  the  opvtj  of  Strabo."* 

*DELPHIN/IUM  (detyivLov),  a  plant.  Sprengel 
recognises  the  two  species  described  by  Dioscori- 
des  as  being  the  Delphinium  Ajacis,  or  common 
Larkspur,  and  the  D.  tenuissimum  of  Sibthorp. 
From  the  circumstance  of  the  Delphinium  not  be- 
ing noticed  in  the  Materia  Medica  of  Galen,  Oriba- 
sius,  or  Paul  of  iEgina,  Matthiolus  is  disposed  to  re- 
gard as  spurious  the  two  chapters  of  Dioscorides5 
in  which  mention  is  made  of  it.  "  Among  the  syn- 
onymes  of  the  delfyiviov  in  Dioscorides,  we  find," 
remarks  Adams,  in  continuation,  "  vaKivdoc,  and 
fiovKivoc  [ilvop  of  the  Romans.  It  has,  therefore, 
been  supposed  that  the  'vaccinia  nigra1  of  Virgil 
were  Larkspurs."6 

DELUBRUM.     (Vid.  Templum.) 

DEMA'RCHL  These  officers  were  the  head 
boroughs  or  chief  magistrates  of  the  demi  in  Attica, 
and  are  said  to  have  been  first  appointed  by  Cleis- 
thenes.  Their  duties  were  various  and  important. 
Thus,  they  convened  meetings  of  the  demus,  and 

1.  (Aristot.,  H.  A.,  ii.,  13,  &c— ^Slian,  N.  A.,  i.,  18,  &c— 
Plin.,  ix.,  8. — Juv.,  Sat.,  x.,  14.) — 2.  (Griffith's  Cuvier,  vol.  iv.,  p. 
435.)— 3.  (Griffith's  Cuvier,  vol.  iv.,  p.  450.) — 4.  (Adams,  Ap- 
pend., s.  v.) — 5.  (iii.,  77,  78.)— 6.  (Adams,  Append.,  s.  v.) 
348 


took  the  votes  upon  all  questions  under  considera- 
tion ;  they  had  the  custody  of  the  Iv^iapxiKdv  ypap- 
jxarelov,  or  book  in  which  the  members  of  the  de- 
mus were  enrolled  ;  and  they  made  and  kept  a  regis- 
ter of  the  landed  estates  (x^pia)  in  their  districts, 
whether  belonging  to  individuals  or  the  bodv  coi- 
porate  ;  so  that,  whenever  an  eiofopd,  or  extraor- 
dinary property-tax  was  imposed,  they  must  have 
been  of  great  service  in  assessing  and  collecting  the 
quota  of  each  estate.1  Moneys  due  to  the  demus 
for  rent,  &c,  were  collected  by  them,3  and  it  may 
safely  be  allowed  that  they  were  employed  to  en- 
force payment  of  various  debts  and  dues  claimed 
by  the  state.3  For  this  purpose  they  seem  to 
have  had  the  power  of  distraining,  to  which  al- 
lusion is  made  by  Aristophanes.*  In  the  duties 
which  have  been  enumerated,  they  supplanted  the 
naucrari  of  the  old  constitution  ;  their  functions, 
however,  were  not  confined  to  duties  of  this  class, 
for  they  also  acted  as  police  magistrates  :  thus,  in 
conjunction  with  the  dicasts  of  the  towns  (diKaorai 
Kara  dr/fiovc.),  they  assisted  in  preserving  peace  and 
order,5  and  were  required  to  bury,  or  cause  to  be 
buried,  any  dead  bodies  found  in  their  district :  for 
neglect  of  this  duty  they  were  liable  to  a  fine  of 
1000  drachmae.6  Lastly,  they  seem  to  have  furnish- 
ed to  the  proper  authorities  a  list  of  the  members 
of  the  township  who  were  fit  to  serve  in  war  (/ca- 
TaXoyovc  ETvoi^aavTO1).  ( Vid.  Demus.) 
DEMENS.  (Vid.  Curator,  p.  329.) 
DEMENSUM  was  an  allowance  of  corn,  which 
was  given  to  Roman  slaves  monthly  or  daily.9  Do- 
natus9  says  that  every  slave  received  four  modii  of 
corn  a  month ;  but  Seneca10  speaks  of  five  modii  as 
the  allowance.11 

DEME'NTIA.     (Vid.  Curator,  p.  329.) 
DEME'TRIA    (dv/nnrpia),  an  annual  festival 
which  the  Athenians,  in  307  B.C.,  instituted  in  hon- 
our of  Demetrius  Poliorcetes,  who,  together  with 
his  father  Antigonus,  were  consecrated  under  the 
title  of  saviour  gods.     It  was  celebrated  every  year 
in  the  month  of  Munychion,  the  name  of  which,  as 
well  as  that  of  the  day  on  which  the  festival  was 
held,  was  changed  into  Demetrion  and  Demetrias. 
A  priest  ministered  at  their  altars,  and  conducted 
the  solemn  procession,  and  the  sacrifices  and  games 
with  which  the  festival  was  celebrated.12    To  hon- 
our the  new  god  still  more,  the  Athenians  at  the 
same  time  changed  the  name  of  the  festival  of 
the  Dionysia  into  that  of  Demetria,  as  the  young 
prince  was  fond  of  hearing  himself  compared  to 
Dionysus.    The  Demetria  mentioned  by  Athenaeus1' 
are  probably  the  Dionysia.     Respecting  the  other 
extravagant  flatteries  which  the  Athenians  heaped 
upon  Demetrius  and  Antigonus,  see  Athen.,  vi.,  p. 
252  ;  Herm.,  Polit.  Ant.  of  Greece,  $  175,.  n.  6,  7, 
and  8  ;  and  Thirlwall,  Hist,  of  Greece,  vii.,  p.  331 
DEMINUTIO  CAPITIS.     (Vid.  Caput.) 
DEMIOP'RATA   (drjfiioirpaTa,  sc.  irpuyfiara   or 
KTrjfiara)  was  property  confiscated  at  Athens  and 
sold  by  public  auction.     The  confiscation  of  prop- 
erty was  one  of  the  most  common  sources  of  rev- 
enue in  many  of  the  Grecian  states  ;  and  Aristoph- 
anes1* mentions  the  drifiLo-Kpara  as  a  separate  branch 
of  the  public  revenue  at  Athens.     An  account  of 
such  property  was  presented  to  the  people  in  the 
first  assembly  of  every  prytaneia  ;15  and  lists  of  it 
were  posted  upon  tablets  of  stone  in  different  pla- 

1.  (Bockh,  vol.  i.,  p.  212,  transl.) — 2.  (Demosth.,  c.  Eub., 
1318.)— 3.  (Bockh,  1.  c.)— 4.  (Nubes,  37.—  Tid.  Mitchell,  ad  loc  , 
— 5.  (Wachsmuth,  ii-,  part  1,  p.  32.) — 6.  (Demosth.,  c.  Macan  , 
1069,  22.)— 7.  (Demosth.,  c.  Polyc,  1208.— Harpocrat,.,  s.  v.— 
Pollux,  Onom.,  viii.,  108. — Schomann,  377.)— 8.  (Plaut.,  Stich., 
I.,  ii.,  3.  — Trinumm.,  IV.,  ii.,  102.— "diaria  :"  Mart.,  xi.,  108 
— Hor.,  Ep.,  I.,  xiv.,  40.)— 9.  (ad  Ter.,  Phorm.,  I.,  i.,  9.)— 10. 
(Ep.,  80.)— 11.  (Becker,  Gallus,  i.,  p.  110.)— 12.  (Diod.  Sic. 
xx.,  46—  Plut.,  Demetr.,  10,  46.)— 13.  (xii.,  p.  536.)— 14.  (Vesn., 
559.— Sc) ol.  ad  loc.)— 15.  (Pollux,  Onom.,  viii.,  95.) 


DEMUS. 


DEMUs. 


ccs,  as  was  the  case  at  Eleusis,  with  the  catalogue 
of  the  articles  which  accrued  to  the  temple  of  De- 
meter  and  Persephone,  from  persons  who  had  com- 
mitted any  offence  against  these  deities.1  Many 
monuments  of  this  kind  were  collected  by  Greek  an- 
tiquarians, of  which  an  account  is  given  by  Bockh.2 

DE'MIUS  {fyfitoe).     (Vid.  Basanos,  p.  140.) 

DEMIU'KGI  {drmiovpyol).  These  magistrates, 
whose  title  is  expressive  of  their  doing  the  service 
of  the  people,  are  by  some  grammarians  stated  to 
have  been  peculiar  to  Dorian  states  ;  but,  perhaps, 
on  no  authority  except  the  form  dapiovpyoi.  Mul- 
ler3  observes,  on  the  contrary,  that  "  they  were  not 
uncommon  in  the  Peloponnesus,  but  they  do  not 
occur  often  in  the  Dorian  states."  They  existed 
among  the  Eleians  and  Mantineans,  with  whom 
they  seem  to  have  been  the  chief  executive  magis- 
tracy (ol  dr/ficcvpyol  ml  tj  (3ovlij,  k.  t.  A.4).  We  also 
read  of  deir.iurgi  in  the  Achaian  league,  who  proba- 
bly ranked  next  to  the  strategi,5  and  put  questions 
to  the  vote  in  the  general  assembly  of  the  confed- 
erates.6 Officers  named  epidemiurgi,  or  upper  dem- 
iurgi,  were  sent  by  the  Corinthians  to  manage  the 
government  of  their  colony  at  Potidaea.7 

DEMONSTRATE.     {Vid.  Actio,  p.  19) 

DEMOPOIETUS  (^/zotto^toc)  was  the  name 
giv^n  to  a  foreigner  who  was  admitted  to  the  rights 
of  citizenship  at  Athens  by  a  decree  of  the  people, 
on  account  of  services  rendered  to  the  state.  Such 
citizens  were,  however,  excluded  from  the  phratrise, 
and  could  not  hold  the  offices  of  either  archon  or 
priest,8  but  were  registered  in  a  phyle  and  deme. 
\  Vid.  Civitas,  Greek,  p.  259.) 

DEMOSTOI  (drinooLoi)  were  public  slaves  at  Ath- 
ens, who  were  purchased  by  the  state.  Some  of 
hem  filled  subordinate  pbces  in  the  assembly  and 
courts  of  justice,  and  were  also  employed  as  her- 
alds, checking  clerks,  &e.  They  were  usually  call- 
ed drjpoaioi  oiKirai,  and,  as  we  learn  from  Ulpian,9 
were  taught  at  the  expense  of  the  state  to  qualify 
them  for  the  discharge  of  such  diiC'ed  as  have  been 
mentioned.10  As  these  public  slaves  did  no'  belong 
to  any  one  individual,  they  appear  to  hva?e  possessed 
certain  legal  rights  which  private  slaves  had  not.11 

Another  class  of  public  slaves  formed  the  ciiy 
guard  ;  it  was  their  duty  to  preserve  order  :n  the 
public  assembly,  and  to  remove  any  person  whom 
the  npvTavEtg  might  order.12  They  are  generally 
called  bowmen  (To&rai) ;  or,  from  the  native  coun- 
try of  the  majority,  Scythians  ;  and  also  Speusin- 
ians,  from  the  name  of  the  person  who  first  estab- 
lished the  force.13  There  were  also  among  them 
many  Thracians  and  other  barbarians.  They  ori- 
ginally lived  in  tents  in  the  market-place,  and  after- 
ward upon  the  Areiopagus.  Their  officers  had  the 
name  of  toxarchs  (rotjapxoi).  Their  number  was 
at  first  300,  purchased  soon  after  the  battle  of  Sala- 
mis,  but  was  afterward  increased  to  1200.1* 

DEMUS.  The  word  dfjfiog  originally  indicated  a 
district  or  tract  of  land,  and  is  by  some  derived 
from  (Jew,  as  if  it  signified  an  "  enclosure  marked  off 
from  the  waste,"  just  as  our  word  town  comes,  ac- 
cording to  Home  Tooke,  from  the  Saxon  verb  "  ty- 
nan,"  to  enclose  **    It  seems,  however,  more  simple 

1  (Poll ax,  Onom.,  *,  97.)— 2.  (Publ.  Econ.  of  Athens,  vol.  i., 
p.  265,  &c— Compare  ii.,  p.  127  ;  and  Meier,  "  De  Bonis  Dam- 
natorum,"  p.  160,  &c.)— 3.  (Dorians,  ii.,  145,  transl.)— 4.  (Thu- 
cyd.,  v.,  47.)— 5.  (Wachsmuth,  $  79.)— 6.  (Liv.,  xxxii.,  22; 
xxxvn:.,  30.)— 7.  (Thucyd.,  i.,  56.)— 8.  (Demosth.,  c.  Near.,  p. 
1370.)— 9.  (ad  Demosth.,  Olynth.,  ii.,  p.  15.)— 10.  (Hemster.  ad 
Pollux,  Onom.,  ix.,  Id. — Maussac.  ad  Harpocrat.,  s.  v.  ^7jix6<nog. 
—Petit.,  Leg.  Att.,  p.  342.)— 11.  (Meier,  Att.  Process,  p.  401, 
560.— JEschin.,c.Timarch.,p.79,85.)— 12.  (Schneider  ad  Xen., 
Mem.,  ni.,  6,  (f  1.— Plato,  Protag.,  c.  27,  p.  319,  and  Heindorff's 
note.  — Aristoph.,  Acharn.,  54,  with  the  commentators.)  — 13. 
(Pollux,  Onom.,  viii.,  131,  132.— Photius,  s.  v.  To^drai.)— 14. 
(JSsch.,  ncpi  Tiapcnrptaf).,  p.  335.  —  Andoc,  De  Pac,  p.  93.— 
Bockh,  Publ.  Econ.  of  Athens-,  i.,  p.  277.  &c.)  — 15  (Arnold, 
Thucyd.,  vol.  i.    j-jd.  iii.) 


to  connect  it  with  the  Doric  da  foi  ya.  In  this 
meaning  of  a  country  district,  inhabited  and  under 
cultivation,  dijfio^  is  contrasted  with  'KoXiq :  thus  we 
have  uvdptiv  6rj/i6v  re  noXtv  re  j1  but  the  transition 
from  a  locality  to  its  occupiers  is  easy  and  natural, 
and  hence,  in  the  earlier  Greek  poets,  we  find  (%/of 
applied  to  the  outlying  country  population,  who  til- 
ed the  lands  of  the  chieftains  or  inhabita:  ts  of  the 
city  ;  so  that  6f/(ioq  and  7ro?uTai  came  to  be  opposed 
to  each  other,  the  former  denoting  the  subject  peas- 
antry (drj/uov  fytXodcciroTov2) ;  the  latter,  the  nobles  in 
the  chief  towns.3 

We  now  proceed  to  treat  of  the  demi  or  country 
parishes  of  Attica.  The  word  6f//no^,  in  the  sense 
which  we  have  here  expressed  by  "  parish,"  is  by 
some  rendered  "  borough,"  by  others,  "  township." 
Of  these  terms,  the  former  is  certainly  not  appro- 
priate ;  and  as  a  parish  may  include  townships  and 
hamlets,  we  prefer  this  word  to  "  township."  In 
the  first  place,  we  may  remark  that,  whatever  un- 
certainty there  may  be  about  the  nature  and  origin 
of  the  four  tribes  in  that  country  as  they  existed 
before  the  age  of  Cleisthenes,  there  is  scarcely  any 
about  the  alterations  he  introduced  with  respect  to 
them.  His  object  was  to  effect  a  revolution,  by 
which  the  power  of  the  aristocracy  would  be  dimin- 
ished ;  for  this  purpose  he  broke  up  the  four  tribes 
of  the  old  constitution,  and  substituted  in  their  place 
ten  local  tribes  (<j>v?ial  TOTunai),  each  named  from 
some  Attic  hero.4  These  were  subdivided  into  ten 
demi  or  country  parishes,  possessing  each  its  prin- 
cipal town ;  and  in  some  one  of  these  demi  were 
enrolled  all  the  Athenian  citizens  resident  in  Attica, 
with  the  exception,  perhaps,  of  those  who  were  na- 
tives of  Athens  itself.5  These  subdivisions  corre- 
sponded in  some  degree  to  the  vavupapiat  of  the  old 
tribes,  and  were,  according  to  Herodotus,  one  hun- 
dred in  number ;  but,  as  the  Attic  demi  amounted 
in  the  time  of  Strabo6  to  174,  doubts  have  been 
raised  about  this  statement.  Niebuhr  has  inferred 
from  it  that  the  tribes  of  Cleisthenes  did  not  origi- 
nally include  the  whole  population  of  Attica,  and 
"  that  some  of  the  additional  74  must  have  been 
cantons,  which  had  previously  been  left  in  a  state 
of  dependance ;  by  far  the  chief  part,  however,  were 
houses  (yzvrj)  of  the  old  aristocracy,"  which  were 
included  in  the  four  Ionian  tribes,  but,  according  to 
Niecuhr,  were  not  incorporated  in  the  ten  tribes  of 
the  "  rural  commonalty"  till  after  the  time  of  Cleis- 
thenes.    (Vid.  Tribus.) 

This  inference,  however,  seems  very  questiona- 
ble ;  for  the  number  of  the  demi  might  increase 
from  a  variety  of  causes,  such  as  the  growth  of  the 
population,  the  creation  of  new  tribes,  and  the  di- 
vision of  the  larger  into  smaller  parishes,  to  say 
nothing  of  the  improbability  of  the  coexistence  of 
two  different  orders  of  tribes.  "  Another  fact,  more 
difficult  to  account  for,  is  the  transposition  by  which 
demes  of  the  same  tribe  were  found  at  opposite  ex- 
tremities of  the  country."7  The  names  of  the  dif- 
ferent demes  were  taken,  some  from  the  chief  towns 
in  them,  as  Marathon,  Eleusis,  and  Acharnae  ;  some 
from  the  names  of  houses  or  clans,  such  as  the  Daed- 
alidae,  Boutadae,  &c.  A  complete  list  of  them  is 
given  in  Wachsmuth.8  The  largest  of  all  was  the 
demus  of  Acharnae,  which  in  the  time  of  the  Pelo- 
ponnesian  war  was  so  extensive  as  to  supply  ? 
force  of  no  less  than  three  thousand  heavy-armei 
men.  Thucydides9  says  of  it,  that  it  was  the  ^wptoi 
fxiyiOTOv  TTjg  'Attik?)c  tuv  dr/fiuv  KaAovp.tvo)v. 

In  explanation  of  their  constitution  and  relatioj 
to  the  state  in  general,  we  may  observe,  that  they 

1.  (Hes.,Op.etD.,527,.)— 2.  (lies.,  Theog.,  847.)- 3.  (Wach*. 
mutb.Hellen.  Alterth.,  I.,  i.,  p.  316.)— 4.  (Herod.,  v.,  66,69.)— 
5.  (Thirlwall,  Hist,  of  Greece,  ii,  p.  74.)— 6.  (ix.,  396,  c)— 7. 
(Thirlwall,  1.  c,  and  app.  i.,  vol.  ii.) — 8.  (ii.,  p.  1,  app.  i.) — 9. 
(ii..  191.) 

347 


D.EMUS. 


DENARIUS. 


KtesatSd  independent  corporations,  and  had  each 
toeir  several  magistrates,  landed  and  other  proper- 
ty, with  a  common  treasury.  They  had,  likewise, 
their  respective  convocations  or  "  parish  meetings," 
convened  by  the  demarchi,  in  which  was  transact- 
ed the  public  business  of  the  demus,  such  as  the 
leasing  of  its  estates,  the  elections  of  officers,  the 
revision  of  the  registers  or  lists  of  drj/uorai,  and  the 
admission  of  new  members.  Moreover,  each  de- 
mus appears  to  have  kept  what  was  called  a  nival- 
kuK.'Xrioiv.aTiKds,  or  list  of  those  drifiorai  who  were 
entitled  to  vote  at  the  general  assemblies  of  the 
whole  people.  In  a  financial  point  of  view,  they 
supplanted  the  old  "  naucraries"  of  the  four  tribes, 
each  demus  being  required  to  furnish  to  the  state  a 
certain  quota  of  money  and  contingent  of  troops 
whenever  necessary.1  Independent  of  these  bonds 
of  union,  each  demus  seems  to  have  had  its  pecu- 
liar temples  and  religious  worship  (Stj/llotlko.  lepa*), 
the  officiating  priests  in  which  were  chosen  by  the 
6rjfi6Tac  ;3  so  that,  both  in  a  civil  and  religious  point 
of  view,  the  demi  appear  as  minor  communities, 
whose  magistrates,  moreover,  were  obliged  to  sub- 
mit to  a  doKLfxaoia,  in  the  same  way  as  the  public 
officers  of  the  whole  state.  But,  besides  the  magis- 
trates, such  as  demarchs  and  treasurers  (ran'tai), 
elected  by  each  parish,  we  also  read  of  judges,  who 
were  called  dLnaoTat.  Kara  drjfiovg :  the  number  of 
these  officers,  originally  thirty,  was  afterward  in- 
creased to  forty,  and  it  appears  that  they  made  cir- 
cuits through  the  different  districts,  to  administer 
justice  in  all  cases  where  the  matter  in  dispute  was 
not  more  than  ten  drachmae  in  value,  more  impor- 
tant questions  being  reserved  for  the  6iaLT7]rai.* 

We  will  now  treat  of  the  drjjiorai,  or  members  of 
each  demus,  their  privileges,  and  relations  to  the 
body  corporate,  of  which  they  formed  a  constituent 
part.  We  are  told  by  Aristotle5  that,  on  the  first 
institution  of  the  demi,  Cleisthenes  increased  the 
strength  of  the  drjpog  or  commonalty  by  making 
many  new  citizens,  among  whom  are  said  to  have 
been  included  not  only  strangers  and  resident  for- 
eigners, but  also  slaves.  His  words  are,  HoXlovs 
kovTiirevae  Ztvovg  nai  ( dovXovc )  fieToinovg.  We 
strongly  suspect,  however,  that  dovXovg  is  an  inter- 
polation. The  admission  of  slaves  would,  we  con- 
ceive, have  been  very  unpopular.  Now  admission 
into  a  demus  was  necessary,  before  any  individual 
could  enter  upon  his  full  rights  and  privileges  as  an 
Attic  citizen  ;  and  though,  in  the  first  instance,  ev- 
ery one  was  enrolled  in  the  register  of  the  demus 
in  which  his  property  and  residence  lay,  this  rela- 
tion did  not  continue  to  hold  with  all  the  dy/uorai ; 
for,  since  a  son  was  registered  in  the  demus  of  his 
real  or  adoptive  father,  and  the  former  might  change 
his  residence,  it  would  often  happen  that  the  mem- 
bers of  a  demus  did  not  all  reside  in  it.  Still  this 
would  not  cause  any  inconvenience,  since  the  meet- 
ings of  each  parish  were  not  held  within  its  limits, 
but  at  Athens.*  No  one,  however,  could  purchase 
property  situate  within  a  parish  to  which  he  did  not 
himself  belong,  without  paying  to  the  demarchs  a 
fee  for  the  privilege  of  doing  so  (syKTrjriKov),  which 
would,  of  course,  go  to  the  treasury  of  the  parish.7 

Two  of  the  most  important  functions  of  the  gen- 
eral assemblies  of  the  demi  were  the  admission  of 
new  members  and  the  revision  of  the  names  of 
members  already  admitted.  The  register  of  enrol- 
ment was  called  fytjiapxtKov  ypafifiareiov,  because 
any  person  whose  name  was  inscribed  in  it  could 
enter  upon  an  inheritance  and  enjoy  a  patrimony, 
the  expression  for  which  in  Attic  Greek  was  rrtg 

1    (Wachsmuth,  $  83.)- -2.  (Paus.,  i.,  31.  — Pollux,  Onom., 
»iiv,  108.)— 3.  (Demosth.,  c.  Eubul.,  1313.)- 4.  (Hudtwalcker, 
p.  37.)— 5.  (Polit.,  iii.,  1.)— 6.  (Demosth.,  c.  Eubul.,  1302.)— 7 
(Bockh,  Publ.  Econ.  of  Athens,  vol  ii.,  p.  3,  transl.) 
SUP 


"krj&ios  apxstv  :  2.ayx<iveiv  KAijpov,  being  equivalent 
to  the  Roman  phrase  adire  hereditatem.  These  re- 
gisters were  kept  by  the  demarchs,  who,  with  the 
approbation  of  the  members  of  the  demus  assem- 
bled in  general  meeting,  inserted  or  erased  names 
according  to  circumstances.  Thus,  when  a  youth 
was  proposed  for  enrolment,  it  was  competent  for 
any  demote  to  object  to  his  admission  on  the  ground 
of  illegitimacy,  or  non-citizenship  by  the  side  of  ei- 
ther parent.  The  demotes  decided  on  the  validity 
of  these  objections  under  the  sanction  of  an  oath, 
and  the  question  was  determined  by  a  majority  of 
votes.1  The  same  process  was  observed  when  a 
citizen  changed  his  parish  in  consequence  of  adop- 
tion.3 Sometimes,  however,  a  d  em  arch  was  bribed 
to  place,  or  assist  in  placing,  on  the  register  of  a 
demus,  persons  who  had  no  claim  to  citizenship.5 
To  remedy  this  admission  of  spurious  citizens  (na- 
peyypairToi),  the  diaipTjfLoig  was  instituted.     (Vid 

DlAPSEPHISIS.) 

Lastly,  crowns  and  other  honorary  distinctions 
could  be  awarded  by  the  demi  in  the  same  way  as 
by  the  tribes.  A  decree  of  the  demus  of  the  Pei- 
raeus  is  given  in  Bockh,*  by  which  certain  privileges 
were  granted  to  Callidamas  of  Chollidae :  one  of 
these  was  the  exemption  from  the  payment  of  the 
eyKTTjTiKov,  if  he  should  acquire  property  in  that 
parish.  The  words  are,  TeXeiv  6e  avrbv  ra  avra 
rtkr]  tv  rw  dr/fio)  airep  av  koX  Heipaietg,  xai  fijj  knXt- 
yeiv  7rap'  avrov  rbv  6?j/j.apxov  to  kynrnrLKov.  The 
decree  is  taken  from  an  inscription  in  Chandler.* 
(Vid.  Demarchi.) 

DENA'RIUS,  the  principal  silver  coin  among  the 
Romans,  was  so  called  because  it  was  originally 
equal  to  ten  asses  ;  but  on  the  reduction  of  the 
weight  of  the  as  (vid.  As),  it  was  made  equal  to  six- 
teen asses,  except  in  military  pay,  in  which  it  was 
still  reckoned  as  equal  to  ten  asses.6  The  denarius 
was  first  coined  five  years  before  the  first  Punic 
war,  B.C.  269.  (Vid.  Argentum.)  There  were 
originally  84  denarii  to  a  pound,7  but  subsequently 
96.  At  what  time  this  reduction  was  made  in  the 
weight  of  the  denarius  is  uncertain,  as  it  is  not 
mentioned  in  history.  Some  have  conjectured  that 
it  was  completed  in  Nero's  time  ;  and  Mr.  Hussey3 
justly  remarks,  that  Suetonius9  proves  that  84  de 
narii  went  still  to  the  pound  about  the  year  B.C. 
50 ;  since,  if  we  reckon  96  to  the  pound,  the  pro- 
portion of  the  value  of  gold  to  silver  is  7-8  to  1, 
which  is  incredibly  low ;  while  the  value  on  the 
other  supposition,  8  9  to  1,  is  more  probable.  (Com- 
pare Argentum,  sub  Jin.) 


BRITISH  MUSEUM.     ACTUAL   SIZE.     WEIGHT  606  GR8 


BRITISH  MUSEUM.     ACTUAL  SIZE.     WEIGHT  585  CtRS 

Mr.  Hussey  calculates  the  average  weight  of  the 
denarii  coined  at  the  end  of  the  Commonwealth  at 

1.  (Demosth.,  c.  Eubul.,  1318.)— 2.  (Isjdus,  De  Apoil.IIaered. 
p.  66,  17.)— 3.  (Demosth.,  c.  Leoch.,  p.  1091.)- -4.  (1    c.)— 5 
(ii.,   108.)— 6.  (Plin.,  H.   N.,   xxxiii.,   13.)— 7.   (Plin.,   H.  N-, 
xxxiii.,  46. — Celsus,  v.,  17,  ()  1.) — 8.  (Ancient  Weights,  &c,  o 
137.)— 9    (Jul..  54  \ 


DENARIUS. 


DEPOSITUM. 


*0  grains,  and  those  under  the  Empire  at  52-5 
grains.  II  we  deduct,  as  the  average,  ^th  of  the 
weight  for  alloy  from  the  denarii  of  the  Common- 
wealth, there  will  remain  58  grains  of  pure  silver ; 
and  since  the  shilling  contains  807  grains  of  pure 

58 
silver,  the  value  of  the  best  denarii  will  be  ^pr, 

of  a  shilling,  or  86245  pence  ;  which  may  be  reck- 
oned in  round  numbers  8%d.  If  the  same  method 
of  reckoning  be  applied  to  the  later  denarius,  its 
value  will  be  about  75  pence,  or  7$d.x 

The  Roman  coins  of  silver  went  at  one  time  as 
low  down  .as  the  fortieth  part  of  the  denarius,  the 
teruncius.  They  were,  the  quinarius,  or  half  dena- 
rius ;  the  sestertius,  or  quarter  denarius  (vid.  Sester- 
tius) ;  the  libella,  or  tenth  of  the  denarius  (equal  to 
the  as) ;  the  sembella,  or  half  libella  ;  and  the  terun- 
cius, or  quarter  libella. 

The  quinarius  was  also  called  victoriatus?  from 
the  impression  of  a  figure  of  Victory  which  it  bore. 
Pliny3  says  that  victoriati  were  first  coined  at  Rome 
in  pursuance  of  the  lex  Clodia,  and  that  previous  to 
that  time  they  were  imported  as  an  article  of  trade 
from  Illyria.  The  Clodius  who  proposed  this  law 
is  supposed  to  have  been  the  person  who  obtained 
a  triumph  for  his  victories  in  Istria,  whence  he 
brought  home  a  large  sum  of  money,*  which  would 
fix  the  first  coinage  of  the  victoriati  at  Rome  B.C. 
177,  that  is,  92  years  after  the  first  silver  coinage. 

If  the  denarius  weighed  60  grains,  the  teruncius 
would  only  have  weighed  1£  grs.,  which  would 
have  been  so  small  a  coin  that  some  have  doubted 
whether  it  was  ever  coined  in  silver,  for  we  know 
that  it  was  coined  in  copper.  (Vid.  As,  p.  110.) 
But  Varro5  names  it  among  the  silver  coins  with 
the  libella  and  sembella.  It  is,  however,  improba- 
ble that  the  teruncius  continued  to  be  coined  in 
silver  after  the  as  had  been  reduced  to  Jg-th  of  the 
denarius ;  for  then  the  teruncius  would  have  been 
^th  of  the  denarius,  whereas  Varro  only  describes 
it  as  a  subdivision  of  libella,  when  the  latter  was 
-^th  of  the  denarius.  In  the  time  of  Cicero,  the 
libella  appears  to  have  been  the  smallest  silver  coin 
in  use  ;5  and  it  is  frequently  used,  not  merely  to 
express  a  silver  coin  equal  to  the  as,  but  any  very 
small  sum.7  Gronovius,8  however,  maintains  that 
there  was  no  such  coin  as  the  libella  when  Varro 
wrote,  but  that  the  word  was  used  to  signify  the 
tenth  part  of  a  sestertius.  No  specimens  of  the 
libella  are  now  found. 

If  the  denarius  be  reckoned  in  value  8%d.,  the 
other  coins  which  have  been  mentioned  will  be  of 
the  following  value : 

Teruncius 

Sembella 

Libella 

Sestertius 

Quinarius  or  Victoriatus  . 

Denarius 

It  has  been  frequently  stated  that  the  denarius  is 
equal  in  value  to  the  drachma,  but  this  is  not  quite 
correct.  The  Attic  drachma  was  almost  equal  to 
9fd.,  whereas  we  have  seen  that  the  denarius  was 
but  little  above  8%d.  The  later  drachmae,  however, 
appear  to  have  fallen  off  in  weight ;  and  there  can 
be  no  doubt  that  they  were  at  one  time  nearly 
enough  equal  to  pass  for  equal.  Gronovius  has 
given  all  the  authorities  upon  the  subject  in  his  Be 
Sestertiis.9 

The  earliest  denarii  have  usually,  on  the  obverse, 
the  head  of  Rome  with  a  helmet,  the  Dioscuri,  or 

1.  (Hussey,  p.  141,  142.)— 2.  (Cic,  Pro  F.nt..  5.)— 3.  (H. 
N.,  xxxiii.,  13.) — 4.  (Liv.,  xli.,  13.) — 5.  (Varro,  De  Ling.  Lat., 
v.,  174,  ed.  Miiller.) — 6.  (Cic,  Pro  Rose.  Com.,  c.  4.)— 7. 
(Plaut.,  Cas.,  II.,  v.,  7.— Capt.,  V.,  i.,  27.)— 8.  (De  Sestertiis, 
ii    2.)- -9.  (iii.,  2.) 


nee. 

Farth. 

•53125 

10625 

2125 

2 

5 

4 

1 

8 

2 

the  head  of  Jupiter  Many  have,  on  the  reverse, 
chariots  drawn  by  twi  or  four  horses  (biga,  quadri- 
gee),  whence  they  are  called  respectively  bigati  anu 
quadrigati,  sc.  nummi.  (Vid.  Bigatus.)  Some  de- 
narii were  called  serrati,1  because  their  edges  were 
notched  like  a  saw,  which  appears  to  have  been 
done  to  prove  that  they  were  solid  silver,  and  not 
plated.  Many  of  the  family  denarii,  as  those  of  the 
^Elian,  Calpurnian,  Papinian,  Tullian,  and  numer- 
ous other  families,  are  marked  with  the  numeral  X. 
in  order  to  show  their  value. 

Pliny2  speaks  of  the  denarius  aureus.  Gronovius1 
says  that  this  coin  was  never  struck  at  Rome  ;  but 
there  is  one  of  Augustus  in  the  British  Museum, 
weighing  60  grains,  and  others  of  less  weight.  The 
average  weight  of  the  common  aureus  was  120 
grains.  (Vid.  Aurum,  p.  129.)  In  later  times,  a 
copper  coin  was  called  denarius.4 

*DENDRACHA'TES  (6evtipaXuTw),  a  species  of 
Agate,  the  veins  of  which  resemble  a  small  tree. 
It  is  our  Dendritic  agate.  A  description  of  it  is 
given  in  the  Orphic  poem  under  the  name  of  uXuTnt, 
devdpr/ctc.6 

*DENDROLIB'ANUS  (devdpoliSavoc),  a  term 
occurring  only  in  the  Pharmaceutical  work  of  My- 
repsus.     It  is  applied  to  the  Rosemary.6 

*AENAPT$'IA  KEPAT'INA  (devdpvcpia  Kepari- 
va),  apparently,  says  Adams,  a  kind  of  Coral.  It  is 
mentioned  by  Theophrastus.7  Stackhouse  conjec- 
tures it  to  be  the  Gorgonia  nobilis,  or  Red  Coral.8 

DENTIFRPCIUM  (bdovTorpi/ifia),  a  dentrifice  or 
tooth-powder,  appears  to  have  been  skilfully  pre- 
pared and  generally  used  among  the  Romans.  A 
variety  of  substances,  such  as  the  bones,  hoofs,  and 
horns  of  certain  animals,  crabs,  egg-shells,  and.  the 
shells  of  the  oyster  and  the  murex,  constituted  the 
basis  of  the  preparation.  Having  been  previously 
burned,  and  sometimes  mixed  with  honey,  they 
were  reduced  to  a  fine  powder.  Though  fancy  and 
superstition  often  directed  the  choice  of  these  in- 
gredients, the  addition  of  astringents,  such  as  myrrh, 
or  of  nitre  and  of  hartshorn  ground  in  a  raw  state, 
indicates  science  which  was  the  result  of  experi- 
ence, the  intention  being  not  only  to  clean  the  teeth 
and  to  render  them  white,  but  also  to  fix  them  when 
loose,  to  strengthen  the  gums,  and  to  assuage  tooth- 
ache.9 Pounded  pumice  was  a  more  dubious  arti- 
cle, though  Pliny10  says,  "  Utilissimafiunt  ex  his  den- 

DEPENSI  ACTIO.     (Vid.  Sponsor.) 
DEPORT  A'TIO.     (Vid.  Banishment,  Roman.) 
DEPO'SITI  ACTIO.     (Vid.  Depositum.) 
DEPO'SITUM.     A  depositum  is  that  which  is 
given  by  one  man  to  another  to  keep  until  it  is  de- 
manded back,  and  without   any  reward  for  the 
trouble  of  keeping  it.     The  party  who  makes  the 
depositum  is  called  deponens  or  depositor,  and  he 
who  receives  the  thing  is  called  depositarius.     The 
act  of  deposite  may  be  purely  voluntary,  or  it  may 
be  from  necessity,  as  in  the  case  of  fire,  shipwreck, 
or  other  casualty.     The  depositarius  is  bound  ta 
take  care  of  the  thing  which  he  has  consented  to 
receive.     He  cannot  use  the  thing  unless  he  has 
permission  to  use  it,  either  by  express  words  or  by 
necessary  implication.     If  the  thing  is  one  "  quae 
usu  non  consumitur,"  and  it  is  given  to  a  person  to 
be  used,  the  transaction  becomes  a  case  of  locatiu 
and  conductio  (vid.  Locatio),  if  money  is  to  be  paid 
for  the  use  of  it ;  or  a  case  of  commodatum  (vid. 
Commodatum),  if  nothing  is  to  be  paid  for  the  use. 
If  a  bag  of  money  not  sealed  up  is  the  subject  of 


mey  not  sealed  up  is  the  subject  oi 

1.  (Tact.,  Germ.,  5.)— 2.  (H.  N.,  xxxiii.,  13.)— 3.  (De  Ses- 
tertiis, iii  ,  15.)  — 4.  (Ducange,  s.  v.  Denarius.)  —  5.  (,'Plin.,  II. 
N.,  xxxvi:.,  54.— Orph.,  Lith.,  v.,  230.  —Moore's  Anc.  Mineral., 
p.  178.)  — 6.  (Adams,  Append.,  s.  v.)  — 7.  (H.  P.,  iv.,  8.)  — & 
(Adams,  Append.,  s.  v.)— 9.  (Plin.,  II.  N.,xxvi;i.,  49  ;  xxxi.,46  ; 
xxxii.,  21,26.)— 10.  (xxxvi.,  42.) 

349 


DESULTOR. 


DIADEMA. 


tiie  depositum,  and  the  depositarius  at  any  time 
asks  for  permission  to  use  it,  the  money  becomes  a 
loan  (vid.  Mutuum)  from  the  time  when  the  per- 
mission is  granted ;  if  the  deponens  proffers  the  use 
of  the  money,  it  becomes  a  loan  from  the  time  when 
the  depositarius  begins  to  use  it.  If  money  is  de- 
posited with  the  condition  that  the  same  amount 
be  returned,  the  use  of  it  is  tacitly  given ;  but  the 
depositum  does  not  therefore  become  mutuum.  If 
the  depositum  continues  purely  a  depositum,  the 
depositarius  is  bound  to  make  good  any  damage  to 
it  which  happens  through  dolus  or  culpa  lata  ;  and 
he  is  bound  to  restore  the  thing  on  demand  to  the 
deponens,  or  to  the  person  to  whom  the  deponens 
orders  it  to  be  restored.  The  remedy  of  the  depo- 
nens against  the  depositarius  is  by  an  actio  depositi 
directa.  The  depositarius  is  entitled  to  be  secured 
against  all  damage  which  he  may  have  sustained 
through  any  culpa  on  the  part  of  the  deponens,  and 
to  all  costs  and  expenses  incurred  by  his  charge  ; 
and  his  remedy  against  the  deponens  is  by  an  actio 
depositi  contraria.  The  actio  was  in  duplum  if  the 
deposite  was  made  from  necessity ;  if  the  deposi- 
tarius was  guilty  of  dolus,  infamia  was  a  conse- 
quence.1 

DESERTOR  is  defined  by  Modestinus  to  be  one 
"  qui  per  prolixum  tempus  vagatus,  reducitur,"  and 
differs  from  an  emansor  "  qui  diu  vagatus  ad  cast  r a 
egreditur."2  Those  who  deserted  in  time  of  peace 
were  punished  by  loss  of  rank,  corporeal  chastise- 
ment, fines,  ignominious  dismission  from  the  ser- 
vice, &c.  Those  who  left  the  standards  in  time  of 
war  were  usually  punished  with  death.  The  trans- 
fuga,  or  deserters  to  the  enemy,  when  taken,  were 
sometimes  deprived  of  their  hands  or  feet,3  but  gen- 
erally were  put  to  death.4 

DESIGNATOR.     (Vid.  Funus.) 

DESMOTE'RION  (decfiurripiov).   (Vid.  Cakcer.) 

DESPOSIONAUTAI  (deairoaiovavrai).  (Vid. 
Civitas,  Greek.)  , 

DESULTOR  (uji^ltzttoc,  avaSurrjc,  fteraSur^),  a 
tider.  Although  riding  on  horseback  is  never  men- 
tioned among  the  martial  exercises  of  the  -early 
Greeks,  it  was  often  practised  by  them  as  a  swift 
and  easy  method  of  conveyance  from  place  to  place ; 
and  that  they  had  attained  to  great  skill  in  horse- 
manship is  manifest  from  a  passage  in  the  Iliad,5 
describing  a  man  who  keeps  four  horses  abreast  at 
full  gallop,  and  leaps  from  one  to  another,  amid  a 
crowd  of  admiring  spectators.  The  Roman  desul- 
tor  generally  rode  only  two  horses  at  the  same  time, 
sitting  on  them  without  a  saddle,  and  vaulting  upon 
either  of  them  at  his  pleasure.6  He  wore  a  hat  or 
cap  made  of  felt.  The  taste  for  these  exercises  was 
carried  to  so  great  an  extent,  that  young  men  of  the 
highest  rank  not  only  drove  bigae  and  quadrigse  in 
the  circus,  but  exhibited  these  feats  of  horseman- 
ship T  Besides  performing  publicly  for  the  amuse- 
ment of  the  spectators,  the  Roman  riders  were  em- 
ployed to  convey  messages  with  the  greatest  pos- 
sible despatch,  relieving  either  horse,  when  fatigued, 
by  vaulting  upon  the  other.8  Among  other  nations, 
this  species  of  equestrian  dexterity  was  applied  to 
the  purposes  of  war.  Livy  mentions  a  troop  of 
horse  in  the  Numidian  army,  in  which  each  soldier 
was  supplied  with  a  couple  of  horses,  and  in  the 
heat  of  battle,  and  when  clad  in  armour,  would  leap 
with  the  greatest  ease  and  celerity  from  that  which 
was  wearied  or  disabled  upon  the  back  of  the  horse 
which  was  still  sound  and  fresh.9    The  Scythians, 


Armenians,  and  some  of  the  Indians,  were  skilled 
in  the  same  art. 

The  annexed  woodcut  shows  three  figures  of  de 
sultores,  one  from  a  bronze  lamp,  published  by  Bar 
toli,1  the  others  from  coins.    In  all  these  the  ridei 


I.  (Dig.  ?6,  tit.  3.  —  Cic,  Off.,  i.,  10.— Juv.,  Sat.,  xiii.,  60.— 
Dhksen,  U>bersicht,  &c,  p.  597.)— 2.  (Dig.  49,  tit.  16,  s.  3.)— 
3.  (Liv.,  xrvi.,  12.) — 4.  (Lipsius,  De  Milit.  Rom-,  iv.,  4.) — 5. 
(xv.,  679-bb4.) — 6.  (Isidor.,  Orig.,  xviii.,  39.)  —  7.  (Suet.,  Jul., 
39. — Compare  the  article  Cjkcus,  p.  256.)  —  8.  (Hygiu.,  Fab., 
80.)— 9.  (xxiii.,  29.) 
350 


wears  a  pileus,  or  cap  of  felt,  and  his  horse  is  witji- 
out  a  saddle ;  but  these  examples  prove  that  he  had 
the  use  both  of  the  whip  and  the  rein.  On  the 
coins  we  also  observe  the  wreath  and  palm-branch 
as  ensigns  of  victory. 

DETESTA'TIO  SACRO'RUM.     {Vid.  Sacra.) 

DEVERSO'RIUM.     (Vid.  Caupona.) 

DEUNX.  (Vid.  As,  p.  110.) 

DEXTANS.  (Vid.  As,  p.  110.) 

DIADE'MA  (dtddrjfia),  a  white  fillet  used  to  en- 
circle the  head  (fascia  alba3). 

The  invention  of  this  ornament  is  by  Pliny3  at- 
tributed to  "  Liber  Pater."  Diodorus  Siculus  adds,4 
that  he  wore  it  to  assuage  headache,  the  conse- 
quence of  indulging  in  wine.  Accordingly,  in  works 
of  ancient  art,  Bacchus  wears  a  plain  bandage  on 
his  head,  as  shown  in  the  woodcut  at  p.  208. 

Whether  we  reject  or  admit  the  conjecture  of 
Diodorus,  we  may  safely  consider  the  diadem,  even 
in  its  simplest  form,  as  a  decoration  which  was 
properly  Oriental.  It  is  commonly  represented  on 
the  heads  of  Eastern  monarchs.  Justin5  relates 
that  Alexander  the  Great  adopted  the  large  diadem 
of  the  kings  of  Persia,  the  ends  of  which  fell  upon 
the  shoulders,  and  that  this  mark  of  royalty  was 
preserved  by  his  successors.6  Antony  assumed  it 
in  his  luxurious  intercourse  with  Cleopatra  in 
Egypt.7  ./Elian  says8  that  the  kings  of  that  coun- 
try had  the  figure  of  an  asp  upon  their  diadems. 

In  process  of  time,  the  sculptors  placed  the  dia- 
dema  on  the  head  of  Jupiter,  and  various  other  di- 
vinities besides  Bacchus  (see  examples  at  p.  245, 
292),  and  it  was  also  gradually  assumed  by  the 
sovereigns  of  the  Western  world.  It  was  tied  bo- 
hind  in  a  bow ;  whence  Tacitus9  speaks  of  the  Eu- 
phrates rising  in  waves  "  white  with  foam,  so  as  to 
resemble  a  diadem."  By  the  addition  of  gold  and 
gems,10  and  of  pearls  from  the  Erythrean  Sea,11  and 
by  a  continual  increase  in  richness,  size,  and  splen- 
dour, this  bandage  was  at  length  converted  into  the 
crown  which  has  been  for  many  centuries  the  badge 


1.  (Antiche  Lucerne  Sepolcrali,  i.,  24.)— 2.  (Val.  Max.,vi.,  2. 
7.)  — 3.  (H.  N.,  vii.,  57.)  — 4.  (iv.,  p.  250,  ed.  Wesseling.)— 5. 
(xii.,  3.)— 6.  (See  also  Lucian,  Dial.  Diog.  et  Alex.)  — 7.  (Flo- 
ras, iv.,  11.)  —  8.  (V.  II.,  vi.,  38.)  —  9.  (Ann.,  vi.,  37,  2.)  —  1* 
(Isidor.,  Orig.,  xix.,  31.)— 11.  (Claud..  Epithal.) 


DLETETICA. 


DLETET1CA. 


oi  sovereignty  it  modern  Europe.  It  must  have 
been  merely  in  jc<ce  that  the  surname  of  Diadema- 
tus  was  given  to  L.  Metellus,  who,  in  order  to  con- 
ceal an  ulcer,  had  his  head  for  a  long  time  surround- 
ed with  a  bandage.1 

DlABATE'RIA  (ScaCaTT/pia)  was  a  sacrifice  of- 
fered to  Zeus  and  Athena  by  the  Kings  of  Sparta 
upon  passing  the  frontiers  of  Lacedaemon  with  the 
command  of  an  army.  If  the  victims  were  unfa- 
vourable, they  disbanded  the  army  and  returned 
home.3 

DIADICAS'IA  (diadiKaoia),  in  its  most  extended 
sense,  is  a  mere  synonyme  of  dian :  technically,  it 
denotes  the  proceedings  in  a  contest  for  prefer- 
ence between  two  or  more  rival  parties ;  as,  for 
instance,  in  the  case  of  several  claiming  to  succeed 
as  heirs  or  legatees  to  the  estate  of  a  deceased  per- 
son. Upon  an  occasion  of  this  kind,  it  will  be  ob- 
served that,  as  all  claimants  are  similarly  situated 
with  respect  to  the  subject  of  dispute,  the  ordinary 
classification  of  the  litigants  as  plaintiffs  and  de- 
fendants becomes  no  longer  applicable.  This,  in  fact, 
is  the  essential  distinction  between  the  proceedings 
in  question  and  all  other  suits  in  which  the  parties 
appear  as  immediately  opposed  to  each  other  ;  but, 
as  far  as  forms  are  concerned,  we  are  not  told  that 
they  were  peculiarly  characterized.  Besides  the 
case  above  mentioned,  there  are  several  others  to 
be  classed  with  it  in  respect  of  the  object  of  pro- 
ceedings being  an  absolute  acquisition  of  property. 
Among  these  are  to  be  reckoned  the  claims  of  pri- 
vate creditors  upon  a  confiscated  estate,  and  the 
contests  between  informers  claiming  rewards  pro- 
posed by  the  state  for  the  discovery  of  crimes,  &c, 
as  upon  the  occasion  of  the  mutilation  of  the  Her- 
mae3  and  the  like.  The  other  class  of  causes  in- 
cluded under  the  general  term  consists  of  cases  like 
the  antidosis  of  the  trierarchs  (vid.  Antidosis),  con- 
tests as  to  who  was  to  be  held  responsible  to  the 
6tate  for  public  property  alleged  to  have  been  trans- 
ferred on  one  hand  and  denied  on  the  other,*  and 
questions  as  to  who  should  undertake  a  choregia, 
and  many  others,  in  which  exemptions  from  person- 
al or  pecuniary  liabilities  to  the  state  were  the  sub- 
ject of  claim  by  rival  parties.  In  a  diadicasia,  as 
in  an  ordinary  dinn,  the  proper  court,  the  presiding 
magistrate,  and  the  expenses  of  the  trial,  mainly 
depended  upon  the  peculiar  object  of  the  proceed- 
ings, and  present  no  leading  characteristics  for  dis- 
cussion under  the  general  term.5 

DIAD'OSEIS  (dtadooeic).     {Vid.  Dianomai.) 

DLETA.     (Fid.  House.) 

DLETE'TICA  or  DLOTE'TICE  (diaiTVTcic^), 
one  of  the'  three  principal  branches  into  which  the 
ancients  divided  the  art  and  science  of  medicine. 
(Vid.  Medicina.)  The  word  is  derived  from  diaira, 
which  meant  much  the  same  as  our  word  diet.  It 
is  defined  by  Celsus6  to  signify  that  part  of  medi- 
cine qua  victu  medetur,  "  which  cures  diseases  by 
means  of  regimen  and  diet ;"  and  a  similar  expla- 
nation is  given  by  Plato.7  Taken  strictly  in  this 
sense,  it  would  correspond  very  nearly  with  the 
modern  dietetics,  and  this  is  the  meaning  which  (as 
far  as  the  writer  is  aware)  it  always  bears  in  the 
earlier  medical  writers,  and  that  which  will  be  ad- 
hered to  in  the  present  article  ;  in  some  of  the  later 
authors  it  seems  to  comprehend  Celsus's  second 
grand  division,  QapfianevTiKT},  and  is  used  by  Scri- 
bonius  Largus8  simply  in  opposition  to  chirurgia,  so 
as  to  answer  exactly  to  the  province  of  our  physi- 
cian. 

-  —    - 

1.  (Pliu.,  H.  N.,  xxxiv.,  8. )— 2.  (Xen.,  De  Rep.  Lac.,  xi.,  2. 
*-Thucyd.,  v.,  54,  55,  116.  — Wachsmuth,  II.,  i.,  p.  391.)— 3. 
Andoc.,  14.) — 4.  (as  in  Dem.,  c.  Everg.  etMnes.)— 5.  (Platner, 
Process  und  Klagen,  ii.,  p.  17,  s.  9.) — 6.  (De  Medic,  Prafat.  in 
lib.  i.) — 7.  (ap.  Diog.  I.aert.,  iii.,  1,  t)  85.)  —  8.  (De  Compos. 
Medjcam..  t)  200.) 


No  attention  seems  to  have  been  paid  to  ttL, 
branch  of  medicine  before  the  date  of  Hippocrates; 
or,  at  least,  it  would  seem  that,  whether  Homer 
meant  to  represent  it  as  it  was  in  his  own  time,  or 
as  he  supposed  it  to  have  been  during  the  Trojan 
war,  it  must  have  been  (according  to  our  modern 
notions)  very  defective  and  erroneous.  For  instance, 
he  represents  Machaon,  who  had  been  wounded  in 
the  shoulder  by  an  arrow,1  and  forced,  to  quit  the 
field,  as  taking  a  draught  composed  of  wine,  goat's- 
milk  cheese,  and  flour,2  which  certainly  no  modern 
surgeon  would  prescribe  in  such  a  case.3  Hippoc- 
rates seems  to  claim  for  himself  the  credit  of  being 
the  first  person  who  had  studied  this  subject,  and 
says  the  "  ancients  had  written  nothing  on  it  worth 
mentioning."*  Among  the  works  commonly  ascri- 
bed to  Hippocrates,  there  are  four  that  bear  upon 
this  subject,  viz.  :  1.  Tlepl  Aiairnc  'Yyuivr/c,  De  Sa- 
lubri  Victus  Ratione ;  2.  Tlepl  Aiairvc,  De  Victus 
Ratione,  in  three  books  ;  3.  Tlepl  Aiai-rjc  'Ogiuv,  De 
Ratione  Victus  in  Morbis  Acutis  ;  and,  4.  TLepi  Tpo- 
<j>7jc,  De  Alimento.  Of  these  the  third  only  is  con- 
sidered to  be  undoubtedly  genuine  ;  but  the  first 
was  probably  written  by  his  son-in-law  Polybus  ; 
the  second,  though  evidently  not  all  composed  by 
the  same  author,  is  supposed  to  be  as  old  as  Hippoc- 
rates ;  and  the  fourth,  if  not  the  work  of  Hippoc- 
rates himself,  is  nevertheless  very  ancient.5  There 
is  also  a  good  deal  of  matter  on  this  subject  in  his 
other  works,  as  regimen  and  diet  was  the  first,  the 
chief,  and  often  the  only  remedy  that  he  employed. 
Besides  these  treatises  by  Hippocrates  and  his  con- 
temporaries, on  the  first,  third,  and  fourth  of  which 
Galen  has  left  a  commentary,  the  following  works 
on  the  subject  by  later  authors  are  still  extant : 
Galen,  Tlepl  Tpocjxjv  Avvufieuc,  De  Alimentorum  Fa- 
cultatibus ;  Id.,  Tlepl  Ei)xv{J.£ac  nal  Kanoxv/iiag  Tpo- 
(buv,  De  Probis  et  Pravis  Alimentorum  Succis  ;  Id., 
Tlepl  ttjc  Kara  rbv  'iTnToupdrnv  Aiairnc  eirl  tuv  '0£- 
eov  Noanfidrcov,  De  Victus  Ratione  in  Morbis  Acutis 
ex  Hippocratis  Sententia  ;  Michael  Psellus,  Tlepl  Ai- 
am\c,  De  Victus  Ratione;  Theodorus  Priscianus, 
Diata,  site  de  Salutaribus  Rebus ;  Constantinus 
Afer,  De  Victus  Ratione  Variorum  Morborum.  To 
these  may  be  added  the  famous  Regimen  Sanitatis 
Salerniianum ;  a  treatise  by  Isaac  (Ishak  Ben  So- 
leiman),  De  Dicetis  Univcrsalibus  et  P articular ibus , 
another  corruptly  entitled  Tacuini  Sanitatis  Ellu- 
chasem  Elimithar  de  Sex  Rebus  non  Naturalibus ; 
and  another  by  the  celebrated  Maimonides  (Moshch 
Ben  Maimori),  De  Rcgimin.c  Sanitatis  :  besides  sev- 
eral chapters  in  the  works  of  Haly  Abbas,  Avicen- 
na,  and  Mesue.  It  would  be  out  of  place  here  to 
attempt  anything  like  a  complete  account  of  the 
opinions  of  the  ancients  on  this  point ;  those  who 
wish  for  more  detailed  information  must  be  referred 
to  the  different  works  on  medical  antiquities,  while 
in  this  article  mention  is  made  of  only  such  partic* 
ulars  as  may  be  supposed  to  have  some  interest  for 
the  general  reader. 

In  the  works  above  enumerated,  almost  all  the 
articles  of  food  used  by  the  ancients  are  mentioned, 
and  their  real  or  supposed  properties  discussed, 
sometimes  quite  as  fancifully  as  by  Burton  in  his 
Anatomy  of  Melancholy.  In  some  respects  they  ap- 
pear to  have  been  much  less  delicate  in  their  tastes 
than  the  moderns,  as  we  find  the  flesh  of  the  fox, 
the  dog,  the  horse,  and  the  ass  spoken  of  as  com- 
mon articles  of  food.6  With  regard  to  the  quantity 
of  wine  drunk  by  the  ancients,  we  may  arrive  at 
something  like  certainty  from  the  fact,  that  Caelius 

1.  (II.,  xi.,  507.)— 2.  (Ibid.,  638.)— 3.  (See  Plato,  De  Republ 
iii.,  p.  405,  406.— Max.  Tyr.,  Serm.,  29.  —  Athenseus,  i.,  t>  17,  p 
10.)— 4.  (De  Rat.  Vict,  in  Morb.  Acut.,  torn.  ii.,p.  20,  ed.  Kuhn.,1 
—5.  (Vid.  Fabric,  Bibl.  Gr.,  vol.  ii.,  ed.  Ifarles.)— 6.  (Pscudo 
Hippocr.,  De  Vict.  Rat ,  lib.  ii.,  torn,  i.,  p-  679,  680.) 

351 


ni2ETj!/noA. 


DIA1TETAI. 


Auvelianus  mentions  it  as  something  extraordinary 
mat  the  famous  Asclepiades,  at  Rome,  in  the  sev- 
enth century  A.U.C.,  sometimes  ordered  his  patients 
to  double  and  treble  the  quantity  of  wine,  till  at  last 
they  drank  ha)f  win"*,  and  half  water,1  from  which  it 
appears  that  wine  was  commonly  diluted  with  five 
or  six  times  its  quantity  of  water.  Hippocrates 
recommends  wine  to  be  mixed  with  an  equal  quan- 
tity of  water,  and  Galen  approves  of  the  proportion  ; 
»ut  Le  Clerc2  thinks  that  this  was  only  in  particular 
cases.  In  one  place3  the  patient,  after  great  fa- 
tigue, is  recommended  fiedvcdf/vat  uwa^  y  dec,  in 
which  passage  it  has  been  much  doubted  whether 
actual  intoxication  is  meant,  or  only  the  "  drinking 
freely  and  to  cheerfulness,"  in  which  sense  the 
same  word  is  used  by  St.  John*  and  the  LXX.b 
According  to  Hippocrates,  the  proportions  in  which 
wine  and  water  should  be  mixed  together  vary  ac- 
cording to  the  season  of  the  year  ;  for  instance,  in 
summer  the  wine  should  be  most  diluted,  and  in 
winter  the  least  so."  Exercise  of  various  sorts, 
and  bathing,  are  also  much  insisted  upon  by  the 
writers  on  diet  and  regimen  ;  but  for  farther  partic- 
ulars on  these  subjects,  the  articles  Baths  and  Gym- 
nasium must  be  consulted.  It  may,  however,  be 
added,  that  the  bath  could  not  have  been  very  com- 
mon, at  least  in  private  families,  in  the  time  of  Hip- 
pocrates, as  he  says7  that  "  there  are  few  houses  in 
which  the  necessary  conveniences  are  to  be  found." 
Another  very  favourite  practice  with  the  ancients, 
both  as  a  preventive  of  sickness  and  as  a  remedy, 
was  the  taking  of  an  emetic  from  time  to  time. 
The  author  of  the  treatise  De  Victus  Ratione,  false- 
ly attributed  tc  Hippocrates,  recommends  it  two  or 
three  times  a  month.8  Celsus  considers  it  more 
beneficial  in  the  winter  than  in  the  summer,9  and 
says  that  those  who  take  an  emetic  twice  a  month 
had  better  do  so  on  two  successive  days  than  once 
a  fortnight.10  At  the  time  in  which  Celsus  wrote, 
this  practice  was  so  commonly  abused,  that  Ascle- 
nades,  in  his  work  De  Sanitate  Taenia,  rejected 
the  use  of  emetics  altogether :  "  Offensus,"  says 
Celsus,11  "  corum  consuetudine,  qui  quotidie  ejicien- 
do  vorandi  facultatem  moliuntur."1*  It  was  the  cus- 
tom among  the  Romans  to  take  an  emetic  imme- 
diately before  their  meals,  in  order  to  prepare  them- 
selves to  eat  more  plentifully  ;  and  again  soon  after, 
so  as  to  avoid  any  injury  from  repletion.  Cicero, 
in  his  account  of  the  day  that  Caesar  spent  with 
him  at  his  house  in  the  country,13  says,  "  Accubuit, 
eustiktjv  agebat,  itaque  et  edit  et  bibit  uSeuc  et  ju- 
cunde. ;"  and  this  seems  to  have  been  considered  a 
sort  of  compliment  paid  by  Caesar  to  his  host,  as  it 
intimated  a  resolution  to  pass  the  day  cheerfully, 
and  to  eat  and  drink  freely  with  him.  He  is  repre- 
sented as  having  done  the  same  thing  when  he  was 
entertained  by  King  Deiotarus.14  The  glutton  Vi- 
tellius  is  said  to  have  preserved  his  own  life  by  con- 
«ta".t  emetics,  while  he  destroyed  all  his  compan- 
ions who  did  not  use  the  same  precaution,15  so  that 
one  of  them,  who  was  prevented  by  illness  from 
dining  with  him  for  a  few  days,  said,  "I  should 
certainly  havp  been  dead  if  I  had  not  fallen  sick." 
Even  women,  after  bathing  before  supper,  used  to 
drink  wine  and  throw  it  up  again,  to  sharpen  their 
appetite 

[Falerni]  "  sextarius  alter 
Ducitvr  ante  cibum,  rabidam  facturus  orexim:"16 

"*t  (De  Morh  Chron.,  lib.  iii.,  c.  7,  p.  386.)— 2.  (Hist,  de  la 
Med.) — 3.  (Pseudo-IIippocr.,  De  Vict.  Rat.,  lib.  iii.,  in  fin.) — 4. 
(ii.,  10.)— 5.  (Gen.,  xliii.,  34. — Cant.,  v.,  1  ;  and  perhaps  Gen., 
ir.,  21.) — 0.  (Compare  Celsus,  De  Medic,  i.,  3,  p.  31,  ed.  Ar- 
gent.)—7.  (De  Rat.  Vict,  in  Morb.  Acut.,  p.  62.)— 8.  (lib.  iii., 
p.  710.)—9.  (De  Medic,  i.,  3,  p.  28.)— 10  (Ibid.,  p.  29.)— 11. 
(Foil,  p.  27.)— 12.  (See  also  Plin.,  H.  N.,  xxvi.,  8.)— 13.  (ad 
Att.,  xiii.,  52.)— 14.  (Cic,  Pro  Deiot.,  c  7.)— 15.  (Suet.,  Vitell., 
»•  13.—  Dion  Cass.,  lxv.,  2.)— 16.  (Juv.,  Sat.,  vi.,  427,  428.) 
352 


so  that  it  might  truly  be  said,  in  the  strong  language 
of  Seneca,1  "  Vomunt,  ut  edant ;  edunt,  ut  to- 
■mant."2  By  some  the  practice  was  thought  so  ef- 
fectual for  strengthening  the  constitution,  that  it 
was  the  constant  regimen  of  all  the  athletae,  or  pro- 
fessed wrestlers,  trained  for  the  public  shows,  in 
order  to  make  them  more  robust.  Celsus,  howev- 
er,3 warns  his  readers  against  the  loo  frequent  use 
of  emetics  without  necessity,  and  merely  for  luxury 
and  gluttony,  and  says  that  no  one  who  has  any  re- 
gard for  his  health,  and  wishes  to  live  to  old  age, 
ought  to  make  it  a  daily  practice.* 

DIAGR'APHEIS  (Staypaplc).    (Vid.  Eisphora.) 

DIAITE'TAI  (duuTqrai).  The  6iatTVTal,  or  ar- 
bitrators mentioned  by  the  Athenian  orators,  were 
of  two  kinds  ;  the  one  public,  and  appointed  by  lot 
(/cA^pwrot),  the  other  private,  and  chosen  {aiperoi) 
by  the  parties  who  referred  to  them  the  decision  of 
a  disputed  point,  instead  of  trying  it  before  a  court 
of  justice  ;  the  judgments  of  both,  according  to 
Aristotle,  being  founded  on  equity  rather  than  law 
(6  yap  dLa.LTr)T7]c  to  etuelkec  opu,  6  de  diKa<7T7]r  rbv  vo- 
jiwv5).  We  shall,  in  the  first  place,  treat  of  the  diai- 
rrjral  KhypuToi,  following,  as  closely  as  possible,  the 
order  and  statements  of  Hudtwalcker  in  his  treatise 
"  Uebcr  die  offent  lichen  und  Privat-  Schiedsrichter  Did- 
teten  in  Athcn,  und  den  Process  vor  denselbcn.,y 

According  to  Suidas,6  the  public  dtatryrat  were 
required  to  be  not  less  than  50  years  of  age ;  ac- 
cording to  Pollux7  and  Hesychius,  not  less  than  60 
With  respect  to  their  number  there  is  some  difficul 
ty,  in  consequence  of  a  statement  of  Ulpian,8  ac- 
cording to  which  it  was  440,  i.  e.,  44  for  each  tribe 
(fjaav  6e  riaaapEC  Kal  TsaaapuKovra,  nad'  knaorvv 
tpvAr/v).  This  number,  however,  appears  so  unne- 
cessarily large,  more  especially  when  it  is  consirt 
ered  that  the  Attic  orators  frequently  speak  of  only 
one  arbitrator  in  each  case,  that  some  writers  have, 
with  good  reason,  supposed  the  reading  should  be, 
Tjaav  6e  TECGapunovra,  rsaaapEc  k.  e.  <j>.  At  any  rate, 
litigious  as  the  Athenians  were,  it  seems  that  4*> 
must  have  been  enough  for  all  purposes. 

The  words  nad'  Enuornv  tyvkijv  imply  that  each 
tribe  had  its  own  arbitrator ;  an  inference  which  is 
supported  by  Demosthenes,9  where  he  speaks  of  the 
arbitrators  of  the  CEneid  and  Erectheid  tribes  ;  as 
well  as  by  Lysias,10  who,  in  the  words  TrpooKAiiea/Lts-- 
voc  avrbv  Ttpbc  rove  ry  'lirTrodouvrcdt  dtKu^ovrac,  is 
thought  to  allude  to  the  diairtjTai  of  the  Hippothoon- 
tid  tribe.  With  regard  to  the  election  of  these  offi- 
cers, it  is  doubtful  whether  they  were  chosen  by  the 
members  of  the  tribe  for  which  they  adjudicated,  or 
in  a  general  assembly  of  the  people.  Hudtwalcker 
inclines  to  the  latter  supposition,  as  being  more 
probable  ;  we  do  not  think  so  ;  for  it  seems  just  as 
likely,  if  not  more  so,  that  the  four  arbitrators  of 
each  tribe  were  chosen  in  an  assembly  of  the  tribe 
itself.  Again,  whether  they  were  appointed  for  life, 
or  only  for  a  definite  period,  is  not  expressly  men 
tioned  by  the  orators  ;  but  as  none  of  the  Athenian 
magistrates,  with  the  exception  of  the  Areiopagites, 
remained  permanently  in  office,  and  Demosthenes1' 
speaks  of  the  last  day  of  the  11th  month  of  the 
year  as  being  the  last  day  of  the  diatrnrai  (7  teaev- 
raia  rjfiepa  ru>v  dtaLTqTtiv),  it  seems  almost  certain 
that  they  were  elected  for  a  year  only.  The  only 
objection  to  this  conclusion  arises  from  a  statement 
in  a  fragment  of  Isaeus,12  where  an  arbitrator  is 
spoken  of  as  being  engaged  on  a  suit  for  two  years 
{6vo  ett}  rov  dLairrjTov  ttjv  diicnv  exovtoc)  :  if,  howev- 
er, we  admit  the  conjectural  reading  ruv  diaiTnTtiv, 


1.  (Cons,  ad  Helv.,  9  «  10.) — 2.  (Compare  Seneca,  De  Provid., 
c  4,  4  11.— Id.,  Epist.,  95,  4  21.)— 3.  (1.  c,p.  28.)— 4.  (See  Mid- 
dleton's  Life  of  Cicero. — Casaubon  ad  Suet.,  1.  c)—  5.  (Rhet  , 
i.,  13.)— 6.  (s.  v.)— 7.  (viii.,  126.)— 8.  (Demosth.,  c.  Meu\ ..  542J 
15  )— 9.  .'c.Euer?.,  1142,25.)— 10. (c Panel., 731.)— 11.  (c.  Meat* 
542,  15.;— 12.    p  361,  ed.  Reiske.) 


DIAHETAI. 


DIAITETAI. 


the  meaning  would  be  in  accordance  with  what  we 
infer  from  other  authorities,  and  would  only  imply- 
that  the  same  cause  came  before  the  arbitrators  of 
two  different  years,  a  case  which  might  not  unfre- 
quently  happen  ;  if,  on  the  contrary,  the  reading  of 
the  text  is  correct,  we  must  suppose  that  it  was 
sometimes  necessary  or  convenient  to  re-elect  an 
arbitrator  for  the  decision  of  a  particular  case. 

After  discussing  this  subject,  Hudtwalcker  raises 
the  question  whether  or  not  the  public  SiairrjTai 
took  any  general  oath  before  entering  upon  their  du- 
ties. The  point  is  not  one  of  great  importance,  and 
therefore  we  shall  only  observe  that  such  a  guaran- 
tee would  seem  to  be  unnecessary  ;  for  we  read  of 
their  taking  oaths  previous  to  giving  judgment  in  the 
particular  cases  which  came  before  them.1  From 
this  circumstance  we  should  infer  that  no  oath  was 
exacted  from  them  before  they  entered  upon  office  : 
Hudtwalcker  is  of  the  contrary  opinion,  and  sug- 
gests that  the  purport  of  their  oath  of  office  (amt- 
seid)  was  the  same  as  that  of  the  Heliastic  oath 
given  by  Demosthenes.2 

The  dtaiTTjrat  of  the  different  tribes  appear  to 
have  sat  in  different  places  ;  as  temples,  halls,  and 
courts  of  justice,  if  not  wanted  for  other  purposes. 
Those  of  the  QEneid  and  the  Erectheid  tribes  met 
in  the  heliaea;3  we  read  of  others  holding  a  court  in 
the  delphinium,4  and  also  in  the  arod  ttoikiXt}.5 
Again  we  are  told  of  slaves  being  examined  by  the 
dtatTtjTat,  sitting  for  that  purpose,  under  the  appel- 
lation of  fiaaavLorai  (vid.  Basanos),  in  the  hephais- 
teium,  or  TempleofHephaistos.6  Moreover,  we  are 
toid  of  private  arbitrators  meeting  in  the  Temple  of 
Athena  on  the  Acropolis  ;  and,  if  the  amended 
reading  of  Pollux''  is  correct,  we  are  informed  by 
him,  in  general  terms,  that  the  arbitrators  formerly 
held  their  courts  in  the  temples  (Aty-ov  ev  iepolg 
TiuAci).  Harpocration  also9  contrasts  the  dicasts 
with  the  arbitrators,  observing  that  the  former  had 
regularly  appointed  courts  of  justice  (inrodedeiy- 
uiva.) 

Another  point  of  difference  was  the  mode  of  pay- 
ment, inasmuch  as  the  dicasts  received  an  allow- 
ance from  the  state,  whereas  the  only  remuneration 
of  the  6tacT7jTac  was  a  drachma  deposited  as  a  nap- 
daTaacg9  by  the  complainant  on  the  commencement 
of  the  suit,  the  same  sum  being  also  paid  for  the  dv- 
ruuoaia,  and  every  v-K^/xoaia  sworn  during  the  pro- 
ceedings.10 

The  TrapdaTaai?  of  which  we  have  been  speaking 
is  the  same  as  the  dpaxfirj  tov  AenrofiapTvplov  men- 
tioned by  Demosthenes.11  The  defendant  in  this 
case  had  failed  to  give  evidence  as  he  ought  to 
have  done,  and  therefore  the  plaintiff  commenced 
proceedings  against  him  for  this  arbitrary  neglect 
before  the  arbitrators  in  the  principal  suit,  the  first 
step  of  which  was  the  payment  of  the  napdaraacc. 

The  public  arbitrators  were  vitevdvvot,  i.  e.,  every 
one  who  had,  or  fancied  he  had,  a  cause  of  com- 
plaint against  them  for  their  decisions,  might  pro- 
ceed against  them  by  eioayyeMa,  or  information 
laid  before  the  senate.  For  this  purpose,  says  Ul- 
pian,  whose  statement  is  confirmed  by  Demosthe- 
nes18 in  the  case  of  Straton,  the  public  diaetetae  were, 
towards  the  close  of  their  year  of  office,  and  during 
Ihe  latter  days  of  the  month  Thargelion,  required  to 
present  themselves  in  some  fixed  place,  probably 
near  the  senate-house,  that  they  might  be  ready  to 
inswer  any  charge  brought  against  them,  of  which 


1.  (Isaeus,  De  Dicaeog-.  IIered.,p.  54.— Demosth.,  c.  Callip.,  p. 
1244.)— 2.  (c.  Timocr.,  747.)— 3.  (Demosth.,  c.  Euerg.,  1142, 
25.)-4.  (Id.,  c  ttceot.,  ii.,  1011.)— 5.  (Id.,  c.  Steph.,  i.,  1106.)— 
6.  (Isocr.,  T><7T£C,361,  21,  ed.  Bekker.)— 7.  (Onom.,  viii.,  120.) 
—8.  (s.  v.)— 9.  (Pollux,  Onom.,  viii.,  39.)— 10.  (Pollux,  viii.,  39 
and  127.  —  Harpocr.,  s.  v. —  Compare  BSekh,  vol.  ii.,  p.  207, 
nans!.)— 11.  (C.  Timoth.,  1190.)— 12.  (c.  MeiU.) 
Y  Y 


they  received  a  previous  notice.  The  punishment, 
in  case  of  condemnation,  was  drifila,  or  the  loss  of 
civic  rights.  Harpocration,1  however,  informs  ua 
that  the  daayyzkia  against  the  arbitrators  was 
brought  before  the  dicasts  or  judges  of  the  regular 
courts  ;  but  this  probably  happened  only  on  appeal, 
or  in  cases  of  great  importance,  inasmuch  as  the 
(3ov?irj  could  not  inflict  a  greater  penalty  than  a  fine 
of  500  drachmae  with  art/ida. 

We  may  now  discuss  the  competency  of  the  diae- 
tetae, i.  e.,  the  extent  of  their  jurisdiction,  with  re- 
spect to  which  Pollux2  states,  that  in  former  times 
no  suit  was  brought  into  a  court  before  it  had  been, 
investigated  by  the  diaetetae  (-Kdlai  ovdefiia  6[kj]  nplv 
£7i7,  diccTTjTuc  kWzlv  eiafiyero).  There  can  be  but 
little  doubt  that  the  word  na^ai  here  refers  to  a 
time  which  was  ancient  with  reference  to  the  age 
of  the  Athenian  orators,  and  therefore  that  this  pre- 
vious investigation  was  no  longer  requisite  in  the 
days  of  Demosthenes  and  his  contemporaries.  Still 
we  find  the  diaetetae  mentioned  by  them  in  very 
many  cases  of  civil  actions,  and  it  is  not  unlikely 
that  the  magistrates,  whose  duty  it  was  to  bring  ac- 
tions into  court  (sladyetv),  encouraged  the  process 
before  the  arbitrators,  as  a  means  of  saving  the 
state  the  payment  which  would  otherwise  have 
been  due  to  the  dicasts. '  Hudtwalcker  is  accord- 
ingly of  opinion  that  the  diaetetae  were  competent  to 
act  in  all  cases  of  civil  action  for  restitution  or  com- 
pensation, but  not  of  penal  or  criminal  indictments 
(ypa<j)cu) ;  and,  moreover,  that  it  rested  with  the  com- 
plainant whether  his  cause  was  brought  before  them 
in  the  first  instance,  or  sent  at  once  to  a  higher 
court  of  judicature.4 

But,  besides  hearing  cases  of  this  sort,  the  dian  n 
rat  sat  as  commissioners  of  inquiry  on  matters  ef 
fact  which  could  not  be  conveniently  examined  in  a 
court  of  justice,5  just  as  what  is  called  an  "  issue" 
is  sometimes  directed  by  our  own  Court  of  Chan- 
cery to  an  inferior  court,  for  the  purpose  of  trying  a 
question  of  fact,  to  be  determined  by  a  jury.  Either 
party  in  a  suit  could  demand  or  challenge  {npoKa- 
leladaL)  an  inquiry  of  this  sort  before  an  arbitra- 
tor, the  challenge  being  called  7rp6K?,rjaig :  a  term 
which  was  also  applied  to  the  "  articles  of  agree- 
ment" by  which  the  extent  and  object  of  the  inqui- 
ry were  defined.6  Many  instances  of  these  npo- 
Kki)OLLs  are  found  in  the  orators ;  one  of  the  most 
frequent  is  the  demand  or  offer  to  examine  by  tor 
ture  a  slave  supposed  to  be  cognizant  of  a  matter  in 
dispute,  the  damage  which  might  result  to  the  own- 
er of  the  slave  being  guarantied  by  the  party  who 
demanded  the  examination.7  See  also  Demosthe- 
nes,8 who  observes  that  the  testimony  of  a  slave, 
elicited  by  torture,  was  thought  of  more  value  by 
the  Athenians  than  the  evidence  of  freemen.  (Vid. 
Basanos.)  Another  instance,  somewhat  similar  to 
the  last,  was  the  irpoKhTjcic-  elg  fiaprvpiav,9  where  a 
party  proposed  to  his  opponent  that  the  decision  of 
a  disputed  point  should  be  determined  by  the  evi- 
dence of  a  third  party.10  Sometimes,  also,  we  read 
of  a  Trp6it2.7}cnc,  by  which  a  party  was  challenged  to 
allow  the  examination  of  documents,  as  wills,11 
deeds,  bankers'  books,  &c.12 

It  is  manifest  that  the  forms  and  objects  of  a 
7rpo/cA??crtf  would  vary  according  to  the  matter  in 
dispute,  and  the  evidence  which  was  producible ; 
we  shall  therefore  content  ourselves  with  adding 
that  the  term  was  also  used  when  a  party  chal- 
lenged his  adversary  to  make  his  allegation  under 

1.  (s.  v.)— 2.  (viii.,  126.)— 3.  (Bockh,  vol.  i.,  p.  317,  transl.)— 
4.  (Demosth.,  c.  Androt.,  601,  18.) — 5.  (Demosth.,  c.  Steph., 
1106.) — 6.  (Demosth.,  c.  Neaer.,  1387.)  —  7.  vllaroocr.,  s.  v 
np6K\r}ois.)— 8.  (Onetor,  i.,  874.)— 9.  (Pollux,  viii'.,  62.)— 10 
(Antiphon.,  de  Choreut.,  p  J 44,  ed.  Bekker.) — 11.  (Demosth., •• 
Steph.,  1104.)— 12.  (Id.,  c  Timoth.,  1197.  I.) 

35* 


JDIA1TETAI. 


DIAITETAL 


the  sanction  of  an  oath,  or  offered  to  lAake  his  own 
statements  under  the  same  obligation.1 

The  presumption  or  prepossession  which  might 
arise  from  a  voluntary  oath  in  the  last  case,  might 
be  met  by  a  similar  rcpoicXricrLc,  tendered  by  the  op- 
posite party,  to  which  the  original  challenger  ap- 
pears to  have  had  the  option  of  consenting  or  not, 
as  he  might  think  proper.2  In  all  cases  where  any 
of  these  investigations  or  depositions  were  made  be- 
fore the  dieetetae,  we  may  conclude  with  Hudt- 
walcker,3  that  they  might  be  called  as  witnesses  in 
subsequent  stages  of  the  action,  either  to  state  the 
evidence  they  had  taken,  or  to  produce  the  docu- 
ments they  had  examined,  and  which  were  depos- 
ited by  them  in  an  echinus.  (Vid.  Appellatio, 
Greek.) 

We  will  now  speak  of  the  proceedings  in  the 
trials  before  the  public  arbitrators ;  these  were  of 
two  sorts  :  1st.  When  two  parties  agreed  by  a  regu- 
lar contract  to  refer  a  matter  in  dispute  to  a  judge 
or  judges  selected  from  them.  2dly.  When  a  cause 
was  brought  before  a  public  arbitrator,  without  any 
such  previous  compromise,  and  in  the  regular  course 
of  law.  The  chief  difference  seems  to  have  been 
that,  in  case  of  a  reference  by  contract  between  two 
parties,  the  award  was  final,  and  no  appeal  could 
be  brought  before  another  court,  though  the  unsuc- 
cessful party  might,  in  some  instances,  move  for  a 
new  trial  (tt)v  firj  ovaav  uvrLXaxelv*).  Except  in  this 
point  of  non-appeal,  an  arbitrator  who  was  selected 
from  the  public  dtaLT^rac  by  litigant  parties,  seems 
to  have  been  subject  to  the  same  liabilities,  and  to 
have  stood  in  the  same  relation  to  those  parties  as 
an  arbitrator  appointed  by  lot:  the  course  of  pro- 
ceeding also  appears  to  have  been  the  same  before 
both,5  an  account  of  which  is  given  below.  It 
must,  however,  be  first  stated,  that  there  are  strong 
reasons  in  support  of  Hudtwalcker's  opinion,  that 
whenever  a  suiter  wished  to  bring  an  action  before 
one  or  more  of  the  public  diastetas,  he  applied  to  one 
of  the  many  officers  called  eloayuyelc,6  whose  duty 
it  was  to  bring  the  cause  (dadyew)  into  a  proper 
court.  By  some  such  officer,  at  any  rate,  a  requi- 
site number  of  arbitrators  was  allotted  to  the  com- 
plainant, care  being  taken  that  they  were  of  the 
same  tribe  as  the  defendant.7  Pollux8  informs  us 
that  if  a  6iaiTi7T7/c  refused  to  hear  a  cause,  he  might 
be  punished  with  arifiia :  but  it  appears  that  under 
extraordinary  circumstances,  and  after  hearing  the 
case,  a  diaetetes  sometimes  refused  to  decide  him- 
self, and  referred  the  parties  to  a  court  of  justice 
{ova  aizeyva  tt]c  Scktjc,  uXK  ktyrjuev  fyuag  elg  to  dinac- 
iriptov9). 

We  may  now  state  the  process  before  the  public 
diaetetae.  After  complaint  made,  and  payment  of 
the  'Kapdaraaig,  the  plaintiff  supported  his  averment 
by  an  oath,  to  the  effect  that  his  accusation  was 
true,  which  the  defendant  met  by  a  like  oath  as  to 
the  matter  of  his  defence.  When  the  oath  {civtcj- 
uoaia)  had  been  thus  taken  by  the  parties,  the  arbi- 
trators entered  upon  the  inquiry,  heard  witnesses, 
examined  documents,  and  held  as  many  conferences 
(avvodoi)  with  the  parties  as  might  be  necessary  for 
the  settlement  of  the  question.10  The  day  of  pro- 
nouncing judgment  (rj  aKofyacig  tt)c  SUtjc11)  was 
probably  fixed  by  law,  if  we  may  judge  from  the 
name  (rj  nvpia  scil.  v/zipa)  by  which  it  is  called  in 
the  orators  ;  it  might,  however,  with  consent  of 
both  parties,  be  postponed.    The  verdict  given  was 


1.  (Demosth.,  c.  Apat.,  896.— c.  Con.,  1269, 19.)— 2.  (Demosth., 
Timoth.,  1203.- -Compare  Arist.,  Rhet.,  i.,  16.)— 3.  (p.  48.) — 4. 
(Demosth.,  c.  Meld.,  541.) — 5.  (Demosth.,  c.  Meid.,  541.)— 6. 
(Demosth.,  c.  Lacrit.,  940,  5.— Id.,  c.  Pantam.,  976, 10.— Pollux, 
Ouom.,  viii.,  93.)— 7.  (Harpocr.,  s.  v.  AiaiTrtrai.)— 8.  (Onom.. 
viii.,  126.)— 9.  (Demosth.,  c.  Phorm.,  913.— Wachsmuth,  ii.,  $ 
100.)— 10.  (See  authorities,  Hudt.,  p.  80.)— 11.  (Demosth.,  c. 
Kuerg.,  1153.) 
364 


countersigned  by  the  proper  authorities,  perhaps  by 
the  elaayuyeic,  and  thereby  acquired  its  validity. 
The  archons,  mentioned  by  Demosthenes1  as  hav- 
ing signed  a  judgment,  were  probably  thesmothetse, 
as  the  action  was  a  6inr\  Kawjyopiac,  which  is,  more- 
over, called  an  cm/z^rof  Sena  /uvuv  fiini],  i.  e.,  an 
action  where  the  plaintiff  was  not  required  to  as- 
sess the  damages  (cestimare  litem),  the  penalty,  ia 
case  of  a  verdict  for  him,  being  determined  by  law : 
this  alone  is  sufficient  to  prove  that  the  diaetetae 
sometimes  decided  in  cases  where  the  plaintiff  sued 
for  damages,  as  distinguished  from  those  in  which 
he  sought  restitution  of  rights  or  property ;  nor,  in- 
deed, does  there  seem  any  reason  for  supposing 
that  their  jurisdiction  was  not  extended  to  the  uyej- 
ver  Ti/j,r/TOL,  or  actions  where  the  plaintiff  was  re- 
quired to  assess  or  lay  his  damages,  provided  the 
assessment  did  not  exceed  some  fixed  amount.  In 
support  of  this  opinion  we  may  adduce  the  authority 
of  Pollux,8  who  expressly  states  that  the  plaintiff 
might  assess  his  damages  before  the  arbitrators, 
when  the  law  did  not  do  so  for  him  (kveypaipev  kv 
tg>  ypafiuareiu  to  lyKki)fia  koX  to  Tt/J.7jfj.a). 

If  the  defendant  were  not  present  on  the  proper 
day  to  make  his  last  defence,  judgment  went  against 
him  by  default  (epr/fi7]v  w^/le),  the  arbitrator  being 
obliged  to  wait  till  the  evening  (bipe  ?)fiepag3). 
Sometimes,  however,  the  time  of  pronouncing  sen- 
tence was  deferred  in  consequence  of  a  deposition 
(vTrufiooia*)  alleging  a  satisfactory  cause  for  post- 
ponement, such  as  sickness,  absence  from  town, 
military  service,  or  other  reasons.  To  substantiate 
these,  the  applicant,  when  possible,  appeared  per- 
sonally ;  but  if  a  party  was  prevented  from  appear- 
ing on  the  day  of  trial  by  any  unexpected  event, 
the  vTTCifjioala  might  be  made  on  oath  by  authorized 
friends.5  The  virupioala  might  be  met  by  a  counter- 
statement  (avdw7T0)/ioGt,a)  from  the  opposite  party, 
affirming  his  belief  that  the  reasons  alleged  were 
fictitious  or  colourable.  In  connexion  with  this 
point,  we  may  observe  that,  according  to  Pollux,* 
the  motion  for  a  new  trial  could  only  be  sustained 
in  cases  where  the  applicant  had  made  a  virofioaia, 
and  demurred  either  personally  or  by  proxy  against 
the  passing  of  judgment  on  the  regular  day.  More- 
over, it  was  incumbent  on  the  party  who  wished 
for  a  new  trial  to  move  for  it  within  ten  days  after 
judgment  had  been  pronounced,  and  even  then  he 
was  obliged  to  take  a  kind  of  vixtdfioala,  to  the  effect 
that  his  absence  on  the  proper  day  was  involuntary 
(djioaag  jut)  iicuv  eidiLTcelv  ttjv  dtatTav1).  In  default 
of  compliance  with  these  conditions,  the  previous 
sentence  was  confirmed.8  We  are  told  also  by 
Photius,9  that  it  was  competent  for  plaintiff  as  well 
as  defendant  to  move  for  a  new  trial  on  the  grounds 
we  have  mentioned.  When  it  was  granted,  the 
former  verdict  was  set  aside  (?)  kprjfi?]  ekvtTo),  and 
the  parties  went  again  before  an  arbitrator,  probably 
through  the  instrumentality  of  the  eloayuyelc,  to 
whom  application  had  been  made  in  the  first  in- 
stance. The  process  itself  is  called  avriXr/tjig  in 
Greek,  and  does  not  seem  to  have  been  confined  tr 
trials  before  the  diaiTTjTai :  the  corresponding  term 
in  Roman  law  is  restauratio  eremodicii. 

This,  however,  was  not  the  only  means  of  setting 
aside  a  judgment,  inasmuch  as  it  might  also  be  ef- 
fected by  an  tfecic,  or  appeal  to  the  higher  courts 
(vid.  Appellatio,  Greek),  and  if  false  evidence  had 
been  tendered,  by  a  ^Iktj  nanoTexvitiv.10  For  an  ac- 
count of  the  proceedings  consequent  upon  non-com- 


1.  (c.  Meid.,  542.)— 2.  (viii.,  127.)— 3.  (Demosth.,  c.  Meid- 
541.— Id.,  c.  Timoth.,  1190.)— 4.  (Pollux,  viii.,  60.-  -Havpocr.,  e 
v.)— 5.  (Demosth.,  c.  Olymp.,  1174,  4.— Pollux,  Onom.,  vih.; 
56.)— 6.  (viii.,  60.)— 7.  (Pollux,  Onom.,  viii.,  60.) — 8.  (Demosth-, 
c.  Meid.,  542.)— 9.  (Lex.,  s.  v.  Mr)  oZaa  SUr).)— 10.  (Haipocr 
s.  v.— Demosth.,  c.  Timoth.,  1201,  5.) 


DIAMARTYRIA. 


DIAPSEPH1S1S. 


pliance  with  a  final  judgment,  see  Enechyra  and 
Exoules  Dihe. 

We  will  now  speak  of  the  strictly  private  arbi- 
trators, chosen  by  mutual  agreement  between  con- 
tending parties,  and  therefore  generally  distinguished 
by  the  title  aitysreC,  of  whom  it  must  be  understood 
that  they  were  noi  selected  from  the  dcatTTjTai  of 
the  tribes.  The  powers  with  which  they  were  in- 
vested were,  as  we  might  suppose,  not  always  the 
•ame ;  sometimes  they  were  merely  dtuXXanTa't,  or 
chosen  to  effect  a  compromise  or  reconciliation : 
thus  Isaeus1  speaks  of  arbitrators  offering  either  to 
bring  about  a  reconciliation  if  they  could,  without 
taking  an  oath,  or  to  make  an  award  (airoQaivecdaL) 
upon  oath.  Sometimes,  on  the  other  hand,  they 
were  purely  referees,  and  then  their  powers  de- 
pended upon  the  terms  of  the  agreement  of  refer- 
ence ;  if  these  powers  were  limited,  the  arbitration 
was  a  diatra  km  farols*  The  agreement  was  not 
merely  a  verbal  contract  (stipulatio),  but  drawn  up 
in  writing  (kiuTpoTtr]  Kara  owdfjuag2),  and  signed  by 
the  parties  ;  it  fixed  the  number  of  referees  (gener- 
ally three),  determined  how  many  unanimous  votes 
were  necessary  for  a  valid  decision,  and  probably 
reserved  or  prohibited,  as  the  case  might  be,  a  right 
of  appeal  to  other  authorities.4 

If  there  were  no  limitations,  these  dtaiTrjral  were 
then,  so  to  speak,  arbitrators  proper,  according  to 
the  definition  of  Festus  :5  "  Arbiter  dicitur  judex, 
quod  totius  ret  habcat  arbitrium  et  potestatem."  More- 
over, no  appeal  could  be  brought  against  their  judg- 
ment ;6  though  we  read  of  an  instance  of  a  party 
having  persuaded  his  opponent  to  leave  a  matter  to 
the  arbitration  of  three  persons  ;  and  afterward, 
when  he  found  they  were  likely  to  decide  against 
himself,  going  before  one  of  the  public  arbitrators 
('Eni  tov  K?iTjpo)Tov  6tai,T7)T7jv  eWuv7).  We  should, 
however,  suppose  that  in  this  case  there  was  no 
written  ovvdrjurj.  The  award  was  frequently  given 
under  the  sanction  of  an  oath,  and  had  the  same 
force  as  the  judgment  which  proceeded  from  a 
court  of  law,  so  that  it  might  be  followed  by  a  diKrj 
itjovXiie*  We  may  add,  that  these  private  6icuTr)Tai 
are  spoken  of  as  sitting  h  tu  iepu>,  kv  tcj  'HQaiaTetu, 
and  that  in  some  cases  it  was  customary  to  give 
notice  of  their  appointment  to  the  proper  archon  or 
magistrate  (airotyepeiv  irpbe  ttjv  upxvv),  who,  as  Hudt- 
walcker  suggests,  may  have  acted  as  an  dcayuyeve 
in  the  case.9 

DIAMARTYR'IA  (dcafiaprvpia)  was  a  solemn 
protest  against  the  proceedings  at  the  anacrisis,  in 
nearly  all  causes,  whether  public  or  private.  It 
purported  that  the  action  pending  could  or  could 
not  be  brought  into  court,  and  operated  as  a  hin- 
derance  to  its  farther  progress  until  this  question  was 
decided.  The  protest  was,  like  all  the  other  pro- 
ceedings at  an  anacrisis,  put  in  in  writing,  together 
with  the  evidence  requisite  for  its  corroboration, 
and  the  question  raised  by  it  was  decided  by  the 
tribunal  that  had  cognizance  of  the  original  cause. 
The  only  peculiarity  in  the  conduct  of  the  trial 
seems  to  have  been,  that  the  party  against  whom 
the  protest  was  made  was  the  first  to  address  the 
court.  According  to  Harpocration,  the  plaintiff 
was  entitled  to  adopt  this  method  of  proceeding 
first,  and  the  protest  was  only  allowed  to  the  de- 
fendant upon  his  antagonist's  omitting  to  do  so  ; 
but,  besides  the  two  original  parties,  we  are  told 
that  a  third  (6  (3ov7i.6fj.evog)  might  interpose  by  pro- 
test, and  thus  pro  tempore  substitute  himself  for  one 
of  the  litigants.     It  seems  probable  that  the  epo- 


1.  (De  Dieaiog.  IlereJ.,  p.  54,  ed.  Bekk.)— 2.  (Isocr.,  c.  Call., 
.V73,  ed.  Bel*.)— 3.  (Demosth.,  c.  Phorm.,  912.)— 4.  (Isocr.,  c. 
Call.,  375,  eti  Bekk.— Demosth.,  c.  Apat.,  8<J7.:— 5.  (p.  15,  ed. 
Muller.)  —  &  (Demosth.,  c.  Meid.,  545.)  —  7.  (Demostl  ,  c. 
Apheb.,  862.)  — 8.  (Demosth.,  c.  Callip.,  1240,  22.)  — 9-  (De- 
mo*},., c.  Camp.,  1244,  14.— Id.,  c.  Meid.,  542,  14.) 


belia,  or  sixth  part  of  the  damages  estimated  in  the 
original  cause,  was  forfeited  in  some  diamartyriae,* 
when  the  protester  failed  in  obtaining  a  filth  of  the 
voices  of  the  dicasts  ;  and  in  others,  a  deposite  (ttci- 
paKaTa6olrj2)  was  forfeited  by  the  unsuccessful  party 
to  his  opponent.3 

DIAMASTIGO'SIS  (diapacTiyuo'ic)  was  a  solem- 
nity performed  at  Sparta  at  the  festival  of  Artemis 
Orthia,  whose  temple  was  called  Limnaeon,  from  its 
situation  in  a  marshy  part  of  the  town.*  The  solem- 
nity  was  this  :  Spartan  youths  (etyrjfioi)  were  scour- 
ged on  the  occasion  at  the  altar  of  Artemis,  by 
persons  appointed  for  the  purpose,  until  their  blood 
gushed  forth  and  covered  the  altar.  The  scourging 
itself  was  preceded  by  a  preparation,  by  which  those 
who  intended  to  undergo  the  diamastigosis  tried  to 
harden  themselves  against  its  pains.  Pausanias 
describes  the  origin  of  the  worship  of  Artemis  Or- 
thia, and  of  the  diamastigosis,  in  the  following 
manner :  A  wooden  statue  of  Artemis,  which  Ores- 
tes had  brought  from  Tauris,  was  found  in  a  bush 
by  Astrabanes  and  Alopecus,  the  sons  of  Irbus. 
The  two  men  were  immediately -struck  mad  at  the 
sight  of  it.  The  Limnaeans  and  the  inhabitants  of 
other  neighbouring  places  then  offered  sacrifices  to 
the  goddess ;  but  a  quarrel  ensued  among  them,  in 
which  several  individuals  were  killed  at  the  altar 
of  Artemis,  who  now  demanded  atonement  for  the 
pollution  of  her  sanctuary.  From  henceforth  hu- 
man victims  were  selected  by  lot  and  offered  to 
Artemis,  until  Lycurgus  introduced  the  scourging 
of  young  men  at  her  altar  as  a  substitute  for  human 
sacrifices. 

The  diamastigosis,  according  to  this  account, 
was  a  substitute  for  human  sacrifice,  and  Lycurgus 
made  it  also  serve  his  purpose  of  education,  in  so 
far  as  he  made  it  a  part  of  the  system  of  hardening 
the  Spartan  youths  against  bodily  sufferings.5  Ac- 
cording to  another  far  less  probable  account,  the 
diamastigosis  originated  in  a  circumstance,  record- 
ed by  Plutarch,6  which  happened  before  the  battle 
of  Plataeae. 

The  worship  of  Artemis  Orthia  was  unquestion- 
ably very  ancient,  and  the  diamastigosis  only  a  step 
from  barbarism  towards  civilization.  Many  anec- 
dotes are  related  of  the  courage  and  intrepidity 
with  which  young  Spartans  bore  the  lashes  of  the 
scourge;  some  even  died  without  uttering  a  mur- 
mur at  their  sufferings,  for  to  die  under  the  strokes 
was  considered  as  honourable  a  death  as  that  on 
the  field  of  battle.7 

DIAN'OMAI  or  DIA'DOSEIS  (diavo/iai  or  diado- 
aeic)  were  public  donations  to  the  Athenian  people, 
which  corresponded  to  the  Roman  congiaria.  (Vid. 
Congiarium.)  To  these  belong  the  free  distribu- 
tions of  corn,8  the  cleruchiae  (vid.  Cleruchi),  the 
revenues  from  the  mines,  and  the  money  of  the 
theorica.     {Vid.  Theoricon.)9 

DIA'PHANE  EIMATA  (6ia$avrj  e'iixara)  were 
garments  similar  to  the  celebrated  Coas  vestes  of 
the  Romans ;  but  as  they  are  mentioned  in  Aris- 
tophanes and  the  earlier  Greek  writers  (dia<f>avij 
Xltuvlo,,10 1/j.uTia  dca^acvovra11),  they  were  probably 
made  of  muslin  and  not  of  silk,  which  is  supposed 
to  be  the  material  of  which  the  Coae  vestes  were 
made.     (Vid.  Coa  Vestip.)12 

DIAPSE'PHISIS  (Sia^caic),  a  political  institu- 
tion at  Athens,  the  object  of  which  was  to  prevent 
aliens,  or  such  as  were  the  offspring  of  an  unlawful 


DIAPSEPHISIS. 


DICASTERION. 


marriage,  from  assuming  the  rights  of  citizens.  As 
usurpations  of  this  kind  were  not  uncommon  at 
Athens,1  various  measures  had  been  adopted  against 
them  (vid.  Graphaixenias  and  Doroxenias)  ;  but 
as  none  of  them  had  the  desired  effect,  a  new  meth- 
od, the  dicnjj7J<j>iai(;,  was  devised,  according  to  which 
the  trial  on  spurious  citizens  was  to  be  held  by  the 
demotae,  within  whose  deme  intruders  were  sus- 
pected to  exist ;  for  if  each  deme  separately  was 
kept  clear  of  intruders,  the  whole  body  of  citizens 
would  naturally  feel  the  benefit.  Every  deme,  there- 
fore, obtained  the  right  or  duty  at  certain  times  to 
revise  its  lexiarchic  registers,  and  to  ascertain 
whether  any  had  entered  their  names  who  had  no 
claims  to  the  rights  of  citizens.  The  assembly  of 
the  demotae,  in  which  these  investigations  took 
place,  was  held  under  the  presidency  of  the  de- 
march,  or  some  senator  belonging  to  the  deme  ;a 
for,  in  the  case  brought  forward  in  the  oration  of 
Demosthenes  against  Eubulides,  we  do  not  find  that 
he  was  demarch,  but  it  is  merely  stated  that  he  was 
a  member  of  the  (3ovl7J.  When  the  demotae  were 
assembled,  an  oath  was  administered  to  them,  in 
which  they  promised  to  judge  impartially,  without 
favour  towards,  or  enmity  against  those  persons  on 
whom  they  might  have  to  pass  sentence.  The  pres- 
ident then  read  the  names  of  the  demotae  from  the 
register,  asking  the  opinion  of  the  assembly  (diaipTj- 
<j>i&o6cu)  respecting  each  individual,  whether  they 
thought  him  a  true  and  legitimate  citizen  or  not. 
Any  one,  then,  had  the  right  to  say  what  he  thought 
or  knew  of  the  person  in  question  ;  and  when  any 
one  was  impeached,  a  regular  trial  took  place.3 
Pollux*  says  that  the  demotae  on  this  occasion  gave 
their  votes  with  leaves,  and  not  with  pebbles,  as  was 
usual  ;  but  Demosthenes  simply  calls  them  ipjjQoi. 
If  a  person  was  found  guilty  of  having  usurped  the 
rights  of  a  citizen  (airoTpr)tyi&adai),  his  name  was 
struck  from  the  lexiarchic  register,  and  he  himself 
svas  degraded  to  the  rank  of  an  alien.  But  if  he 
did  not  acquiesce  in  the  verdict,  but  appealed  to  the 
great  courts  of  justice  at  Athens,  a  heavier  punish- 
ment awaited  him,  if  he  was  found  guilty  there  also  ; 
for  he  was  then  sold  as  a  slave,  and  his  property 
was  confiscated  by  the  state.6 

If  by  any  accident  the  lexiarchic  registers  had 
been  lost  or  destroyed,  a  careful  scrutiny  of  the 
same  nature  as  that  described  above,  and  likewise 
called  diaip7}<j>tcig,  took  place,  in  order  to  prevent 
any  spurious  citizen  from  having  his  name  entered 
in  the  new  registers.6 

It  is  commonly  believed  that  the  dicnpTJfpMnc  was 
introduced  at  Athens  in  B.C.  419,  by  one  Demophi- 
lus.7  But  it  has  justly  been  remarked  by  Siebelis 
on  Philochorus,8  that  Harpocration,9  the  apparent 
authority  for  this  supposition,  cannot  be  interpreted 
in  this  sense.  One  dia\p7J<f>ioL<;  is  mentioned  by  Plu- 
tarch10 as  early  as  B.C.  445.  Clinton11  has,  more- 
over, shown  that  the  dtaipfjQicig  mentioned  by  Har- 
pocration, in  the  archonship  of  Archias,  does  not 
belong  to  B.C.  419,  but  to  B.C.  347.  Compare 
Hermann  ;12  and  Schomann,13  whose  lengthened  ac- 
count, however,  should  be  read  with  great  care,  as 
he  makes  some  statements  which  seem  to  be  irrec- 
oncilable with  each  other,  and  not  founded  on  good 
authority.  The  source  from  which  we  derive  most 
information  on  this  subject  is  the  oration  of  Demos- 
thenes against  Eubulides. 


1.  (Plut.,  Pericl.,  37.— Harpocr.,  s.  v.  IIora/«5f.)— 2.  (Harpocr., 
s.  v.  At'mapxos-)— 3-  (Demosth.,  c.  Eubul.,  p.  1302.— iEschin., 
De  Fals.  Leg.,  p.  345.)— 4.  (Onom.,viii.,  18.)— 5.  (Dionys.  Hal., 
De  Isaeo,  c.  16,  p.  617,  ed.  Reiske. — Argument,  ad  Demosth.,  c. 
Subul.) — 6.  (Demosth.,  1.  c,  p.  1306.) — 7.  (Schomann,  De  Co- 
mitiis,  p.  358,  transl. — Waehsmuth,  Hellen.  Alterth.,  ii.,  1,  p.  32.) 
—8.  (Fragm.,  p.  61.)— 9.  (s.  v.  Aia^to-'?-)— 10.  (Pericl.,  37.) 
—11.  (I'ast.  Hell.,  ii.,  p.  141.)  —12.  (Manual  of  the  Pol.  Ant.  of 
Greece.  *  123,  n.  14,  &c.)-13  (1.  c.) 
356 


DIASIA  (Aidcia),  a  great  festival  celebrated  at 
Athens,  without  the  walls  of  tbf  city  (£f«  rjfc  7,-6- 
heug),  in  honour  of  Zeus,  surnamed  MeMxio^.1 
The  whole  people  took  part  in  it,  and  the  wealthiei 
citizens  offered  victims  (lepda),  while  the  poorei 
classes  burned  such  incense  as  their  country  fur« 
nished  (S-vfiara  kiux&pia),  which  the  scholiast  on 
Thucydides  erroneously  explains  as  cakes  in  the 
shape  of  animals.2  The  diasia  took  place  in  the 
latter  half  of  the  month  of  Anthesterion,3  with  feast 
ing  and  rejoicings,  and  was,  like  most  other  festi- 
vals, accompanied  by  a  fair.4  It  was  this  festival 
at  which  Cylon  was  enjoined  by  an  oracle  to  take 
possession  of  the  acropolis  of  Athens  ;  but  he  mis- 
took the  oracle,  and  made  the  attempt  during  the 
celebration  of  the  Olympian  games.5  The  etymol- 
ogy of  diaoia,  given  by  most  of  the  ancient  gram- 
marians (from  Atog  and  acrj),  is  false  ;  the  name  is 
a  mere  derivative  from  dtoc,  as  'AnoXTuJvia  from 
'AttoXXuv. 

DIAULOS.     ( Vid.  Stadium.) 

DIAZO'MA.     (Vid.  Subligaculum.) 

DICASTE'RION  (diKaarripiov)  indicates  both  the 
aggregate  judges  that  sat  in  court,  and  the  place  it- 
self in  which  they  held  their  sittings.  For  an  ac- 
count of  the  former,  the  reader  is  referred  to  the 
article  Dicastes  ;  with  respect  to  the  latter,  our 
information  is  very  imperfect.  In  the  earlier  ages 
there  were  five  celebrated  places  at  Athens  set 
apart  for  the  sittings  of  the  judges,  who  had  cogni- 
zance of  the  graver  causes  in  which  the  loss  of  hu- 
man life  was  avenged  or  expiated,  viz  ,  the  areiopa- 
gites  and  the  ephetae.  These  places  were  the  Arei- 
opagus  {vid.  Areiopagus),  and  the  enl  .Hahladtu,  em 
AeXQivlo),  £tti  TLpvTavEtu,  and  hv  ^pearrol.  The  an- 
tiquity of  these  last  four  is  sufficiently  vouched  for 
by  the  archaic  character  of  the  division  of  the  caus- 
es that  were  appropriated  to  each  :  in  the  first  we 
are  told  that  accidental  deaths  were  discussed  ;  in 
the  second,  homicides  confessed,  but  justified  ;  in 
the  third  there  were  quasi  trials  of  inanimate  things, 
which,  by  falling  and  the  like,  had  occasioned  a  loss 
of  human  life  ;  in  the  fourth,  homicides  who  had 
returned  from  exile,  and  committed  a  fresh  man- 
slaughter, were  appointed  to  be  tried.  With  respect 
to  these  ancient  institutions,  of  which  little  more 
than  the  name  remained  when  the  historical  age 
commenced,  it  will  be  sufficient  to  observe  that,  in 
accordance  with  the  ancient  Greek  feeling  respect 
ing  murder,  viz.,  that  it  partook  more  of  the  nature 
of  a  ceremonial  pollution  than  a  political  offence,  the 
presiding  judge  was  invariably  the  king  archon,  the 
Athenian  rex  sacrorum  ;  and  that  the  places  in 
which  the  trials  were  held  were  open  to  the  sky,  tc 
avoid  the  contamination  which  the  judges  might 
incur  by  being  under  the  same  roof  with  a  murder- 
er.6 The  places,  however,  remained  after  the  office 
of  the  judges  who  originally  sat  there  was  abolish- 
ed ;  and  they  appear  from  Demosthenes7  to  have 
been  occasionally  used  by  the  ordinary  Heliastic 
judges  when  trying  a  cause  of  the  kind  to  which 
they  were  originally  appropriated.  The  most  im- 
portant court  in  later  ages  was  the  Heliaea,  in  which, 
we  are  told  by  the  grammarians,  the  weightiest 
causes  were  decided  ;  and  if  so,  we  may  conclude 
the  thesmothetae  were  the  presiding  magistrates. 
Besides  this,  ordinary  Heliastic  courts  sat  in  the 
Odeium,  in  the  courts  Trigonon,  the  Greater  (M.ei~ 
Cov),  the  Middle  (Meoov),  the  Green,  the  Red,  that 
of  Metiochus,  and  the  Parabyston  ;  but  of  these  we 
are  unable  to  fix  the  localities,  or  to  what  magis- 
trates it  was  usual  to  apportion  them.     They  were 

1.  (Thucyd.,  i.,  126.)— 2.  (Compare  Xen.,  Anab.,  vii.,  8,  $  4. 
— Lucian,  Tim.,  7. — Aristoph.,  Nub.,  402,  &c.)— 3.  (Schol.  *d 
Aristoph.,  1.  c.) — 4.  (Aristoph.,  Nub.,  841.) — 5.  (Compare  Pol- 
lux, Onom.,  i.,  26. — Suidas,  s.  v.) — G.  (Matthice,  De  Jud  Ath. 
157.)— 7.  (c.  Neeer.,  1348,  21.) 


DI  CASTES. 


DICASTICON. 


all  painted  with  their  distinctive  i.olours  ;  and,  it 
appears,  had  a  letter  of  the  alphabet  inscribed  over 
the  doorway.  With  the  exception  of  the  Heliaea, 
and  those  in  which  causes  of  murder  were  ti  ed, 
they  were  probably  protected  from  the  weather. 
The  dicasts  sat  upon  wooden  benches,  which  were 
covered  with  rugs  or  matting  (ipiadia),  and  there 
were  elevations  or  tribunes  (Pr/paTa),  upon  which 
the  antagonist  advocates  stood  during  their  address 
to  the  court.  The  space  occupied  by  the  persons 
engaged  in  the  trial  was  protected  by  a  railing  (Spv- 
^a/crotf)  from  the  intrusion  of  the  by-standers  ;  but 
in  causes  which  bore  upon  the  violation  of  the  mys- 
teries, a  farther  space  of  fifty  feet  all  round  was  en- 
closed by  a  rope,  and  the  security  of  this  barrier 
guarantied  by  the  presence  of  the  public  slaves.1 

DICASTES  {dina(jT7]g),  in  its  broadest  accepta- 
tion a  judge,  more  peculiarly  denotes  the  Attic 
functionary  of  the  democratic  period,  who,  with 
his  colleagues,  was  constitutionally  empowered  to 
try  and  pass  judgment  upon  all  causes  and  ques- 
tions that  the  laws  and  customs  of  his  country  pro- 
nounced susceptible  of  judicial  investigation.  In 
the  circumstance  of  a  plurality  of  persons  being 
selected  from  the  mass  of  private  citizens,  and 
associated  temporarily  as  representatives  of  the 
whole  body  of  the  people,  adjudicating  between 
its  individual  members,  and  of  such  delegates 
swearing  an  oath  that  they  would  well  and  truly 
discharge  the  duties  intrusted  to  them,  there  ap- 
pears some  resemblance  betwreen  the  constitution 
of  the  Attic  dicasterion  and  an  English  jury,  but 
in  nearly  all  other  respects  the  distinctions  between 
them  are  as  great  as  the  intervals  of  space  and 
time  which  separate  their  several  nations.  At 
Athens  the  conditions  of  his  eligibility  were,  that 
the  dicast  should  be  a  free  citizen,  in  the  enjoyment 
of  his  full  franchise  (kiririfiia),  and  not  less  than 
thirty  years  of  age ;  and  of  persons  so  qualified  six 
thousand  were  selected  by  lot  for  the  service  of  ev- 
ery year.  Of  the  precise  method  of  their  .appoint- 
ment our  notices  are  somewhat  obscure ;  but  we 
may  gather  from  them  that  it  took  place  every  year 
under  the  conduct  of  the  nine  archons  and  their  of- 
ficial scribe ;  that  each  of  these  ten  personages 
drew  by  lot  the  names  of  six  hundred  persons  of 
the  tribe  assigned  to  him ;  that  the  whole  number 
so  selected  was  again  divided  by  lot  into  ten  sec- 
tions of  500  each,  together  with  a  supernumerary 
one,  consisting  of  a  thousand  persons,  from  among 
whom  the  occasional  deficiencies  in  the  sections  of 
500  might  be  supplied.  To  each  of  the  ten  sections, 
one  of  the  first  ten  letters  of  the  alphabet  was  ap- 
propriated as  a  distinguishing  mark,  and  a  small 
tablet  (ttivuklov),  inscribed  with  the  letter  of  the 
section  and  the  name  of  the  individual,  was  deliv- 
ered as  a  certificate  of  his  appointment  to  each  di- 
cast. Three  bronze  plates  found  in  the  Piraeus,  and 
described  by  Dodwell,2  are  supposed  to  have  served 
this  purpose  ;  the  inscriptions  upon  them  consist  of 
the  following  letters  :  A.  AI0A8P02  <PPEA,  E. 
AEINIA2  AAAIEY2,  and  B.  ANTIXAPM02  AA- 
MIT,  and  bear,  besides,  representations  of  owls  and 
Gorgon  heads,  and  other  devices  symbolic  of  the 
Attic  people.  The  thousand  supernumeraries  had, 
in  all  probability,  some  different  token  ;  but  of  this 
we  have  no  certain  knowledge. 

Before  proceeding  to  the  exercise  of  his  func- 
tions, the  dicast  was  obliged  to  swear  the  official 
oath;  which  was  done  in  the  earlier  ages  at  a  place 
called  Ardettus,  without  the  city,  on  the  banks  of 
the  Ilissus,  but  in  after  times  at  some  other  spat, 
of  which  we  are  not  informed.  In  the  time  of  De- 
mosthenes, the  oath  (which  is  given  at  full  length  in 
Demosth.,  c.  Timoc,  746)  asserted  the  qualification 

1.  (Meier.  An.  Proc.,  p.  141.)— 2.  (Travels,  i.,  p.  433-437.) 


of  the  dicast,  and  a  solemn  engagement  by  him  u 
discharge  his  office  faithfully  and  incorruptibly  in 
general,  as  well  as  in  certain  specified  cases  which 
bore  reference  to  the  appointment  of  magistrates,  a 
matter  in  no  small  degree  under  the  control  of  the 
dicast,  inasmuch  as  few  could  enter  upon  any  office 
without  having  had  their  election  submitted  to  a 
court  for  its  approbation  (vid.  Dokimasia)  ;  and,  be- 
sides these,  it  contained  a  general  promise  to  sup- 
port the  existing  constitution,  which  the  dicast 
would,  of  course,  be  peculiarly  enabled  to  do,  when 
persons  were  accused  before  him  of  attempting  its 
subversion.  This  oath  being  taken,  and  the  divis- 
ions made  as  above  mentioned,  it  remained  to  as- 
sign the  courts  to  the  several  sections  of  dicasts 
in  which  they  were  to  sit.  This  was  not  like  the 
first,  an  appointment  intended  to  last  during  the 
year,  but  took  place  under  the  conduct  of  the  the* 
mothetee,  dc  novo,  every  time  that  it  was  necessary 
to  empanel  a  number  of  dicasts.  In  ordinary  cases, 
when  one,  two,  or  more  sections  of  500  made  up 
the  complement  of  judges  appropriated  to  trying  the 
particular  kind  of  cause  in  hand,  the  process  was 
extremely  simple.  Two  urns  or  caskets  (kXtjputtj- 
pta)  were  produced,  one  containing  tickets  inscribed 
with  the  distinctive  letters  of  the  sections,  the  oth- 
er furnished,  in  like  manner,  with  similar  tickets,  to 
indicate  the  courts  in  which  the  sittings  were  to  be 
held.  If  the  cause  was  to  be  tried  by  a  single  section, 
a  ticket  would  be  drawn  simultaneously  from  each 
urn,  and  the  result  announced,  that  section  B,  for 
instance,  was  to  sit  in  court  T  ;  if  a  thousand  dicasts 
were  requisite,  two  tablets  would,  in  like  manner,  be 
drawn  from  the  urn  that  represented  the  sections, 
while  one  was  drawn  from  the  other  as  above  men- 
tioned, and  the  announcement  might  run  that  sec- 
tions A  and  B  were  to  sit  in  court  T,  and  the  like. 
A  more  complicated  system  must  have  been  adopt- 
ed when  fractional  parts  of  the  section  sat  by  them- 
selves, or  were  added  to  other  whole  sections  :  but 
what  this  might  have  been  we  can  only  conjecture, 
and  it  is  obvious  that  some  other  process  of  selection 
must  have  prevailed  upon  all  those  occasions  when 
judges  of  a  peculiar  qualification  were  required  ;  as, 
for  instance,  in  the  trial  of  violators  of  the  myste- 
ries, when  the  initiated  only  were  allowed  to  judge  ; 
and  in  that  of  military  offenders,  who  were  left  to  the 
justice  of  those  only  wiiose  comrades  they  were,  or 
should  have  been,  at  the  time  when  the  offence  was 
alleged  to  have  been  committed.  It  is  pretty  clear 
that  the  allotment  of  the  dicasts  to  their  several 
courts  for  the  day  took  place,  in  the  manner  above 
mentioned,  in  the  market-place,  and  that  it  was 
conducted  in  all  cases,  except  one,  by  the  thesmo- 
thetse ;  in  that  one,  which  was  when  the  magis- 
trates and  public  officers  rendered  an  account  of 
their  conduct  at  the  expiration  of  their  term  of  of- 
fice, and  defended  themselves  against  all  charges 
of  malversation  in  it  (vid.  Euthunai),  the  logistse 
were  the  officiating  personages.  As  soon  as  the  al- 
lotment had  taken  place,  each  dicast  received  a 
staff,  on  which  was  painted  the  letter  and  the  colour 
of  the  court  awarded  him,  which  might  serve  both 
as  a  ticket  to  procure  admittance,  and  also  to  dis- 
tinguish him  from  any  loiterer  that  might  endeavoui 
clandestinely  to  obtain  a  sitting  after  business  had 
begun.  While  in  court,  and  probably  from  the  hand 
of  the  presiding  magistrate  (qyifiuv  dLKaorripLov),  he 
received  the  token  or  ticket  that  entitled  him  to 
receive  his  fee  (dtnaaTLKov)  from  the  Ku?MKpirai. 
This  payment  is  said  to  have  been  first  instituted  by 
Pericles,  and  was  originally  a  single  obolus  ;  it  was 
increased  by  Cleon  to  thrice  that  amount  about  the 
88th  Olympiad.1 

DICASTICON.     (Vid.  Dicastes.) 


1.  (Meier,  Att.  Pr->c.,  125,  &c.) 


357 


DICE. 


DICE 


DIKE  (dUrj)  signifies  generally  any  proceedings 
»t  law  by  one  party  directly  or  mediately  against 
others.1  The  object  of  all  such  actions  is  to  pro- 
tect the  body  politic,  or  one  or  more  of  its  individ- 
ual members,  from  injury  and  aggression ;  a  dis- 
tinction which  has  in  most  countries  suggested  the 
division  of  all  causes  into  two  great  classes,  the 
public  and  the  private,  and  assigned  to  each  its  pe- 
culiar form  and  treatment.  At  Athens  the  first  of 
these  was  implied  by  the  terms  public  Sinai  or  uyfi- 
veg,  or  still  more  peculiarly  by  ypa<bai :  causes  of  the 
other  class  were  termed  private  dixcu  or  ayfivee,  or 
simply  dUat  in  its  limited  sense.  There  is  a  still 
farther  subdivision  of  ypa<j>ai  into  6rjfxoaiai  and  idtai, 
of  which  the  former  is  somewhat  analogous  to  im- 
peachments for  offences  directly  against  the  state ; 
the  latter  to  criminal  prosecutions,  in  which  the 
state  appears  as  a  party  mediately  injured  in  the 
violence  or  other  wrong  done  to  individual  citizens. 
It  will  be  observed  that  cases  frequently  arise, 
which,  with  reference  to  the  wrong  complained  of, 
may  with  equal  propriety  be  brought  before  a  court 
in  the  form  of  the  ypafyrj  last  mentioned,  or  in  that 
of  an  ordinary  dUrj,  and  under  these  circumstances 
the  laws  of  Athens  gave  the  prosecutor  an  ample 
choice  of  methods  to  vindicate  his  rights  by  private 
or  public  proceedings,2  much  in  the  same  way  as  a 
plaintiff  in  modern  times  may,  for  the  same  offence, 
prefer  an  indictment  for  assault,  or  bring  his  civil 
action  for  trespass  on  the  person.  It  will  be  neces- 
sary to  mention  some  of  the  principal  distinctions 
in  the  treatment  of  causes  of  the  two  great  classes 
above  mentioned,  before  proceeding  to  discuss  the 
forms  and  treatment  of  the  private  lawsuit. 

In  a  6'lktj,  only  the  person  whose  rights  were  al- 
leged to  be  affected,  or  the  legal  protector  (fcvpLoc) 
of  such  person,  if  a  minor,  or  otherwise  incapable 
of  appearing  suo  jure,  was  permitted  to  institute  an 
action  as  plaintiff;  in  public  causes,  with  the  ex- 
ception of  some  few  in  which  the  person  injured  or 
his  family  were  peculiarly  bound  and  interested  to 
act,  any  free  citizen,  and  sometimes,  when  the  state 
was  directly  attacked,  almost  any  alien,  was  em- 
powered to  do  so.  In  all  private  causes,  except 
those  of  e^ovlrjg,  (3taluv,  and  k^atpecreog,  the  penalty 
or  other  subject  of  contention  was  exclusively  re- 
covered by  the  plaintiff,  while  in  most  others  the 
state  alone,  or  jointly  with  the  prosecutor,  profited 
by  the  pecuniary  punishment  of  the  offender.  The 
court  fees,  called  prytaneia,  were  paid  in  private, 
but  not  in  public  causes,  and  a  public  prosecutor 
that  compromised  the  action  with  the  defendant 
was  in  most  cases  punished  by  a  fine  of  a  thousand 
drachmas  and  a  modified  disfranchisement,  while 
there  was  no  legal  impediment  at  any  period  of  a 
private  lawsuit  to  the  reconciliation  of  the  litigant 
parties.3 

The  proceedings  in  the  dinri  were  commenced  by 
a  summons  to  the  defendant  (Trpdovc^cr^)  to  appear 
on  a  certain  day  before  the  proper  magistrate  (eioa- 
yuysvg),  and  there  answer  the  charges  preferred 
against  him.*  This  summons  was  often  served  by 
the  plaintiff  in  person,  accompanied  by  one  or  two 
witnesses  (vid.  Cleteres),  whose  names  were  en- 
dorsed upon  the  declaration  (Aj?fff  or  ey/c/l^c). 
If  there  were  an  insufficient  service  of  the  sum- 
mons, the  lawsuit  was  styled  aixpoaKlrjrog,  and  dis- 
missed by  the  magistrate.  From  the  circumstance 
of  the  same  officer  that  conducted  the  anacrisis  be- 
ing also  necessarily  present  at  the  trial,  and  as  there 
were,  besides,  dies  nefasti  (tnrotipudes )  and  festivals, 
during  which  none,  or  only  some  special  causes 
eould  be  commenced,  the  power  of  the  plaintiff  in 

1.  (Harpocrat. — Pollux,  Onom.,  viii.,  40.  41.) — 2.  (Demosth., 
B.  Andoc,  601.)— 3.  (Meier,  A-tt.  Process,  163.)— 4    'ir-'etoph., 
Nub.,  1221.— Av.,  1046.) 
358 


selecting  his  time  was,  of  course,  in  some  degree 
limited  ;  and  of  several  causes,  we  know  that  the 
time  for  their  institution  was  particularized  by  law.1 
There  were  also  occasions  upon  which  a  personal 
arrest  of  the  party  proceeded  against  took  the  [dace 
of,  or,  at  all  events,  was  suiultaneous  with,  the  ser- 
vice of  the  summons  ;  as,  for  instance,  when  the 
plaintiff  doubted  whether  such  party  would  not 
leave  the  country  to  avoid  answering  the  action ;  ' 
and,  accordingly,  we  find  that,  in  such  cases,3  an 
Athenian  plaintiff  might  compel  a  foreigner  to  ac- 
company him  to  the  polemarch's  office,  and  there* 
produce  bail  for  his  appearance,  or,  failing  to  do  so, 
submit  to  remain  in  custody  till  the  trial.  The 
word  Kareyyvdv  is  peculiarly  used  of  this  proceed- 
ing. Between  the  service  of  the  summons  and  ap- 
pearance of  the  parties  before  the  magistrate,  it  is 
very  probable  that  the  law  prescribed  the  interven- 
tion of  a  period  of  five  days.3  If  both  parties  ap- 
peared, the  proceedings  commenced  by  the  plaintiff 
putting  in  his  declaration,  and  at  the  same  time  de- 
positing his  share  of  the  court  fees  (TcpvTavela),  the 
non-payment  of  which  was  a  fatal  objection  to  the 
farther  progress  of  a  cause.*  These  were  very  tri- 
fling in  amount.  If  the  subject  of  litigation  was  ra- 
ted at  less  than  100  drachmae,  nothing  was  paid  ;  if 
at  more  than  100  drachmas  and  less  than  1000  drach- 
mae, 3  drachmas  was  a  sufficient  deposite,  and  so 
on  in  proportion.  If  the  defendant  neglected  or  re- 
fused to  make  his  payment,  it  is  natural  to  conclude 
that  he  underwent  the  penalties  consequent  upon 
non-appearance;  in  all  cases,  the  successful  party 
was  reimbursed  his  prytaneia  by  the  other.5  The 
trapaKaTafjoXr]  was  another  deposite  in  some  cases, 
but  paid  by  the  plaintiff  only.  This  was  not  iij  the 
nature  nor  of  the  usual  amount  of  the  court  fees, 
but  a  kind  of  penalty,  as  it  was  forfeited  by  the 
suiter  in  case  he  failed  in  establishing  his  cause. 
In  a  suit  against  the  treasury,  it  was  fixed  at  a  fifth  ; 
in  that  of  a  claim  to  the  property  of  a  deceased  per- 
son by  an  alleged  heir  or  devisee,  at  a  tenth  of  the 
value  sought  to  be  recovered.6  If  the  action  was 
not  intended  to  be  brought  before  an  heliastic  court, 
but  merely  submitted  to  the  arbitration  of  a  diaete- 
tes  (vid.  Diaitetai),  a  course  which  was  competent 
to  the  plaintiff  to  adopt  in  all  private  actions,7  the 
drachma  paid  in  the  place  of  the  deposite  above 
mentioned  bore  the  name  of  TzapuGraoig.  The  de- 
posites  being  made,  it  became  the  duty  of  the  magis- 
trate, if  no  manifest  objection  appeared  on  the  face 
of  the  declaration,  to  cause  it  to  be  written  out  on 
a  tablet,  and  exposed  for  the  inspection  of  the  pub- 
lic on  the  wall  or  other  place  that  served  as  the 
cause-list  of  his  court.8 

The  magistrate  then  appointed  a  day  for  the  far- 
ther proceedings  of  the  anacrisis  (vid.  Anacrisis), 
which  was  done  by  drawing  lots  for  the  priority,  in 
case  there  was  a  plurality  of  causes  instituted  at 
the  same  time  ;  and  to  this  proceeding  the  phrase 
"kayx^vetv  dinr/v,  which  generally  denotes  to  bring 
an  action,  is  to  be  primarily  attributed.  If  the  plain- 
tiff failed  to  appear  at  the  anacrisis,  the  suit,  of 
course,  fell  to  the  ground ;  if  the  defendant  made 
default,  judgment  passed  against  him.9  Both  par- 
ties, however,  received  an  official  summons  before 
their  non-appearance  was  made  the  ground  of  either 
result.  An  affidavit  might  at  this,  as  well  as  at 
other  periods  of  the  action,  be  made  in  behaJf  of  a 
person  unable  to  attend  upon  the  given  day,  and  this 
would,  if  allowed,  have  the  effect  of  postponing  far- 
ther proceedings  (vTzu/iooia) ;  it  might,  however,  be 


1.  (Aristoph.,  Nub.,  1190.)— 2.  (Demosth.,  c.  Zenoth.,  690 
— c.  Aristog.,  778.)— 3.  (Meier,  Att.  Process,  5S0. ;— 4.  (Matth  , 
De  Jud.  Ath.,  261.)— 5.  (Meier,  Att.  Process,  613.)— 6.  (Matth., 
De  Jud.  Ath.,  260.)— 7.  (Hudtw.,  De  Disetet.,  35.)— 8.  (Meier, 
Att.  Process.  605.)— 9.  (Meier.  Att.  Process.  623.) 


DICE. 


DICTAMNUS. 


comoated  by  a  counter-affidavit  to  the  effect  that 
the  alleged  reason  was  unfounded  or  otherwise  in- 
sufficient (uvdvncj/iocia) ;  and  a  question  would 
arise  upon  this  point,  the  decision  of  which,  when 
adverse  to  the  defendant,  would  render  him  liable 
to  the  penalty  of  contumacy.1  The  plaintiff  was  in 
this  case  said  epf/fiTjv  elelv :  the  defendant,  kpyfinv 
bipleiv,  dinTjv  being  the  word  omitted  in  both  phra- 
ses. If  the  cause  were  primarily  brought  before  an 
umpire  (diairnT^g),  the  anacrisis  was  conducted  by 
him  ;  in  cases  of  appeal  it  was  dispensed  with  as 
unnecessary.  The  anacrisis  began  with  the  affida- 
vit of  the  plaintiff  (irpo^noala),  then  followed  the 
answer  of  the  defendant  (dvroiiocrla  or  avrtypatpr/) 
(vid.  Antigraphe),  then  the  parties  produced  their 
respective  witnesses,  and  reduced  their  evidence  to 
writing,  and  put  in  originals,  or  authenticated  copies 
of  all  the  records,  deeds,  and  contracts  that  might 
be  useful  in  establishing  their  case,  as  well  as  mem- 
oranda of  offers  and  requisitions  then  made  by  ei- 
ther side  {itpokItigels).  The  whole  of  the  documents 
were  then,  if  the  cause  took  a  straightforward 
course  (evOvdinla),  enclosed  on  the  last  day  of  the 
anacrisis  in  a  casket  (kxlvog),  which  was  sealed  and 
intrusted  to  the  custody  of  the  presiding  magistrate 
till  it  was  produced  and  opened  at  the  trial.  Du- 
ring the  interval  no  alteration  in  its  contents  was 
permitted,  and,  accordingly,  evidence  that  had  been 
discovered  after  the  anacrisis  was  not  producible  at 
the  trial.2  In  some  causes,  the  trial  before  the  di- 
casts was  by  law  appointed  to  come  on  within  a 
given  time ;  in  such  as  were  not  provided  for  by 
such  regulations,  we  may  suppose  that  it  would 
principally  depend  upon  the  leisure  of  the  magis- 
trate. The  parties,  however,  might  defer  the  day 
(Kvptu)  by  mutual  consent.3  Upon  the  court  being 
assembled,  the  magistrate  called  on  the  cause,*  and 
the  plaintiff  opened  his  case.  At  the  commence- 
ment of  the  speech,  the  proper  officer  (6  k(j>'  v6op) 
filled  the  clepsydra  with  water.  As  long  as  the 
water  flowed  from  this  vessel,  the  orator  was  per- 
mitted to  speak ;  if,  however,  evidence  was  to  be 
read  by  the  officer  of  the  court,  or  a  law  recited,  the 
water  was  stopped  till  the  speaker  recommenced. 
The  quantity  of  water,  or,  in  other  words,  the  length 
of  the  speeches,  was  not  by  any  means  the  same  in 
all  causes :  in  the  speech  against  Macartatus,  and 
elsewhere,  one  amphora  only  was  deemed  sufficient ; 
eleven  are  mentioned  in  the  impeachment  of  iEschi- 
nes  for  misconduct  in  his  embassy.  In  some  few 
cases,  as  those  of  KUKuaig,  according  to  Harpocra- 
tion,  no  limit  was  prescribed.  The  speeches  were 
sometimes  interrupted  by  the  cry  KardBa — "go 
down,"  in  effect,  "cease  speaking" — from  the  di- 
casts,  which  placed  the  advocate  in  a  serious  dilem- 
ma ;  for  if,  after  this,  he  still  persisted  in  his  address, 
he  could  hardly  fail  to  offend  those  who  bid  him 
stop ;  if  he  obeyed  the  order,  it  might  be  found, 
after  the  votes  had  been  taken,  that  it  had  emana- 
ted from  a  minority  of  the  dicasts.5  After  the 
speeches  of  the  advocates,  which  were,  in  general, 
two  on  each  side,  and  the  incidental  reading  of  the 
documentary  and  other  evidence,  the  dicasts  pro- 
ceeded to  give  their  judgment  by  ballot.  ( Vid. 
Cadiskoi.) 

When  the  principal  point  at  issue  was  decided  in 
favour  of  the  plaintiff,  there  followed,  in  many  cases, 
a  farther  discussion  as  to  the  amount  of  damages 
or  penalty  which  the  defendant  should  pav.  (Vid. 
ATONES  ATIMHTOI  KAI  TIMHTOI.)  The  meth- 
od of  voting  upon  this  question  seems  to  have  varied, 
in  that  the  dicasts  used  a  small  tablet  instead  of  a 
ballot-ball,  upon  which  those  that  approved  of  the 

1.  (Demosth..  c.  Olymp.,  1174.)— 2.  (Demosth.,  c.  Boeot.,  i.. 
WW-)— 3.  (Demosth.,  o.  Phaen.,  1042.)  — 4.  (Platner,  Process 
*nd  Klagen,  i.,  182.)— 5.  (Aristoph.,  Vesp..  973.) 


heavier  penalty  drew  a  long  line,  the  others  a  iliort 
one.1  Upon  judgment  being  given  in  a  private  suit, 
the  Athenian  law  left  its  execution  very  much  in 
the  hands  of  the  successful  party,  who  was  empow- 
ered to  seize  the  movables  of  his  antagonist  as  a 
pledge  for  the  payment  of  the  money,  or  institute 
an  action  of  ejectment  (h^ovl^g)  against  the  refrac- 
tory debtor.  The  judgment  of  a  court  of  dicasts 
was  in  general  decisive  (dlun  avroTe?jg) ;  but  upon 
certain  occasions,  as,  for  instance,  when  a  gross 
case  of  perjury  or  conspiracy  could  be  proved  by 
the  unsuccessful  party  to  have  operated  to  his  dis- 
advantage, the  cause,  upon  the  conviction  of  such 
conspirators  or  witnesses,  might  be  commenced  de 
novo.  (Vid.  Appellatio,  Greek.)  In  addition  to 
which,  the  party  against  whom  judgment  had  pass- 
ed by  default  had  the  power  to  revive  the  cause, 
upon  proving  that  his  non-appearance  in  court  was 
inevitable  (ttjv  kp^finv  dvnlaxdv2) ;  this,  however, 
was  to  be  exercised  within  two  months  after  the 
original  judgment.  If  the  parties  were  willing  to 
refer  the  matter  to  an  umpire  (dtairrjT^g),  it  was  in 
the  power  of  the  magistrate  to  transfer  the  proceed- 
ings as  they  stood  to  that  officer ;  and  in  the  same 
way,  if  the  diaetetes  considered  the  matter  in  hand 
too  high  for  him,  he  might  refer  it  to  the  eloayoyevg, 
to  be  brought  by  him  before  an  heliastic  court. 
The  whole  of  the  proceedings  before  the  diaetetes 
were  analogous  to  those  before  the  dicasts,  and 
bore  equally  the  name  of  Stun :  but  it  seems  that 
the  phrase  dvrCkax^lv  ttjv  firj  ovcav  is  peculiarly  ap- 
plied to  the  revival  of  a  cause  before  the  umpire  in 
which  judgment  had  passed  by  default.     (Vid.  Di- 

AITETAI.) 

The  following  are  the  principal  actions,  both  pub- 
lic and  private,  which  we  read  of  in  the  Greek  wri- 
ters, and  which  are  briefly  discussed  under  their 
several  heads : 

Alley  Olf  Tpafyfj — 'A.ditciag  Trpbg  rbv  drjfiov  :  'Ayeup- 
yiov  :  'Aypafylov:  'A ypdfyov  p.ErdXkov  :  Alulae:  'AXo- 
ylov  :  'Afi&Xuoewg :  AijleXlov  :  'Avaycjyijg  :  'Avavfia- 
x't-ov  :  'AvdpaTrodiG/uov  :  'Avdpairoduv  :  Airarrjaeug  rov 
6f]uov  :  'A$op[i7)(;  :  'AiroTielipeog  :  'A7roTrmt}>eug:  'A7ro- 
araalov :  Aizpoaraalov  :  'Apylag  :  'Apyvplov  :  'Aoe6el- 
ag  :  'Aorparelag  :  Avrofj.o'klag  :  AvToreXf/g  :  Be6ai6~ 
oeag :  Bialov:  BXddng:  Bovlev&eug:  KaicTjyoplag : 
Kanuaeog :  KctKorexvitiv  :  KdpTrov  :  KaraTivoeog  tov 
drjiiov :  KaraaKoit^g  :  Xpeovg  :  Xuplov  :  KAorn^  :  Ap- 
Kaafiov  :  AeiXiag :  A6puv  :  Aopotjeviag  :  'Eyyvrjg  : 
'EvoikIov  :  '~E7ciTpL7ipapxv/J.aT0(; :  'ETUTpoTrrjg  :  'Efa- 
yuyfjg  :  'E^acpeaeug  :  'E^ovXng  :  'ApTcayrjg  :  Elpyfiov : 
'Eratp^aeug  :  'lepoovMag:  'Y7zo6o?i7)g  :  "YSpeug:  Aet- 
TTOfiaprvplov  :  Aentovavrlov  :  AsnToorparlov  :  Aecko- 
Tatjlov  :  Miodov  :  Mcaduoeug  ockov  :  Moixelag  :  No- 
fila/iarog  diatydopug  :  Olnlag :  UapanaTadf/icng  '•  Ilapa- 
volag  :  Hapavo/icov  :  HapairpEadeiag  :  HapEtoypafyTjg  : 
Qapfidnov  :  Qovov :  Qupag  dtyavovg  nal  jU£dTjfj.£plvrjg  : 
$6opug  t£)v  klevdepuv  :  Upoayoylag :  Upodoalag : 
Upoeiff<l>opug  :  TipotKog :  ^tevdeyypatp^g :  ^kevdonXT]- 
relag  :  "i'evdojuaprvptuv  :  'PyropiKr/ :  2/cvpm  :  "Llrov  : 
'EvKotyavriag  :  2>v[i6oXaio)v  or  'LvvdrjKuv  irapaddaeug  : 
Tpav/uarog  £k  Trpovolag  :  Tvpavvidog. 

DFCROTA.     (Vid.  Biremis.) 

*DICTAMNUS  (tiKTdfjLvog),  a  plant,  the  Dittany 
of  Crete,  or  Origanum  Diclamnus.  Virgil  gives  a 
very  striking  description  of  it,  and  records  the  pop- 
ular belief  of  its  great  efficacy  in  the  cure  of  wounds.3 
Pliny  and  those  who  came  after  him  also  attest  its 
great  virtues  in  this  respect :  the  arrow  or  missile 
with  which  the  wound  had  been  inflicted  dropped 
from  it  on  applying  the  juice  of  the  Dictamnus,  antf 
the  stags,  when  wounded  by  the  hunter,  caused  the 
weapon  to  fall  out  from  the  wound  by  browsing 
upon  this  plant !     The  moderns  make  no  use  of  it, 

1.  (Aristoj-h..  Vesp.,  167.) — 2.  (Platner,  Process  und  Kiagen, 
i.,  326.;— 3.  (-En.,  aji.,  412,  seq.) 

359 


DICTATOR. 


DICTATOR. 


experience  having  shown  how  little  reliance  was  to 
be  placed  on  these  statements.  The  Dictamnus 
which  grew  on  Mount  Ida,  in  Crete,  was  the  most 
highly  esteemed.  It  is  to  be  regretted  that  Linnae- 
us has  given  the  name  of  Dictamnus  to  a  kind  of 
plant  which  has  no  relation  whatever  to  the  one 
mentioned  by  Virgil. 

DICTATOR.  The  name  and  office  of  dictator 
are  confessedly  of  Latin  origin :  thus  we  read  of  a 
dictator  at  Tusculum  in  early,  at  Lanuvium  in  very 
late,  times.1  Among  the  Albans,  also,  a  dictator  was 
sometimes  elected,  as  Mettus  Fuffetius  on  the  death 
of  their  king  Cluilius.  Nor  was  this  magistracy 
confined  to  single  cities ;  for  we  learn  from  a  frag- 
ment of  Cato,  that  the  Tusculan  Egerius  was  dicta- 
tor over  the  whole  nation  of  the  Latins.a 

Among  the  Romans,  a  dictator  was  generally  ap- 
pointed in  circumstances  of  extraordinary  danger, 
whether  from  foreign  enemies  or  domestic  sedition. 
Instances  occur  very  frequently  in  the  early  books 
of  Livy,  from  whom  we  also  learn  that  a  dictator 
was  sometimes  created  for  the  following  purposes  : 
1.  For  fixing  the  "  clavus  annalis"  on  the  temple  of 
Jupiter,  in  times  of  pestilence  or  civil  discord.  ( Vid. 
Clavus  Annalis.)  2.  For  holding  the  comitia,  or 
elections,  in  the  absence  of  the  consuls.3  3.  For 
appointing  holydays  (feriarum  constituendarum  cau- 
sa) on  the  appearance  of  prodigies,*  and  officiating 
at  the  ludi  Romani  if  the  praetor  could  not  attend  ;5 
also  for  holding  trials  (quastionibus  exercendis6),  and, 
on  one  occasion,  for  filling  up  vacancies  in  the  sen- 
ate.7 In  this  last  case  there  were  two  dictators, 
one  abroad  and  another  at  home  ;  the  latter,  how- 
ever, without  a  magister  equitum. 

According  to  the  oldest  authorities,  the  dictator- 
ship was  instituted  at  Rome  ten  years  after  the  ex- 
pulsion of  the  Tarquinii,  and  the  first  dictator  was 
said  to  have  been  T.  Lartius,  one  of  the  consuls  of 
the  year.8  Another  account  states  that  the  consuls 
of  the  year  in  which  the  first  dictator  was  appoint- 
ed were  of  the  Tarquinian  party,  and  therefore  dis- 
trusted. 

This  tradition  naturally  suggests  the  inference  that 
the  dictator  was  on  this  first  occasion  appointed  to  di- 
rect and  supersede  the  consuls  {moderator  et  magister 
consulibus  appositus),  not  only  with  a  view  to  foreign 
wars,  but  also  for  the  purpose  of  summarily  punish- 
ing any  member  of  the  state,  whether  belonging  to 
the  commonalty  or  the  governing  burghers,  who 
should  be  detected  in  plotting  for  the  restoration  of 
the  exiled  king.9  The  powers  with  which  a  dicta- 
tor was  invested  will  show  how  far  his  authority 
was  adequate  for  such  an  object. 

In  the  first  place,  he  was  formerly  called  magister 
populi,  or  master  of  the  burghers  ;10  and,  though  cre- 
ated for  six  months  only,  his  power  within  the  city 
was  as  supreme  and  absolute  as  that  of  the  consuls 
without.11  In  token  of  this,  the  fasces  and  secures 
(the  latter,  instruments  of  capital  punishment)  were 
carried  before  him  even  in  the  city.13  Again,  no  ap- 
peal against  the  dictator  was  at  first  allowed  either 
to  the  commons  or  the  burghers,  although  the  latter 
had,  even  under  the  kings,  enjoyed  the  privilege  of 
appealing  from  them  to  the  great  council  of  the  pa- 
tricians (provocare  ad  populum);  a  privilege,  more- 
over, which  the  Valerian  laws  had  confirmed  and 
secured  to  them  against  any  magistracy  whatever.13 
This  right,  however,  was  subsequently  obtained  by 
the  members  of  the  houses,1*  and  perhaps  eventually 
by  the  plebeians ;  an  instance  of  its  being  used  is 
given  by  Livy,15  in  the  case  of  M.  Fabius,  who,  when 


1.  (Cic  ,  Pro  Mil.,  10.)— 2.  (Niebuhr,  i.,  p.  589.)— 3.  (Liv., 
viii.,  23  ;  ix.,  7.)— 4.  (Id.,  vii.,  28.)— 5.  (Id.,  viii.,  40  ;  ix.,  34.) 
— (S.  (Id.,  ix.,  26.)— 7.  (Id.,  xxiii.,  23.)  — 8.  (Liv.,  ii.,  18.)— 9. 
(Arnold,  i., p.  144.)— 10.  (Varro,  De  Ling.  Lat.,  v.,82.)— 11.  (Liv., 
viii.,  32.)— 12.  (Id.,  ii.,  18.)— 13.  (Liv.,  ii.,  8— Cic,  De  Rep.,ii., 
81.)— 14.  (Fest.,  Opt.  Lex.  w- 15.  (viii.,  33.) 
360 


his  son  was  persecuted  by  the  dictator  L.  Papinus, 
appealed  on  his  behalf  to  the  "populus,"  the  patri- 
cians of  the  curies.  Still,  even  in  this  case  the 
populus  had  recourse  to  entreaties  rather  than  au- 
thority. 

Moreover,  no  one  was  eligible  to  the  dictatorship 
unless  he  had  previously  been  consul  or  praetor,  for 
such  was  the  old  name  of  the  consul.1  Afterward, 
when  the  powers  of  the  old  praetors  had  been  divi- 
ded between  the  two  consuls  who  went  to  their 
provinces  abroad,  and  the  praetorians  who  adminis- 
tered justice  at  home,  praetorians  as  well  as  consu- 
lars  were  qualified  for  the  office.  The  first  plebeian 
dictator  was  C.  Martius  Rutilus,  nominated  (dictus) 
by  the  plebeian  consul  M.  Popillius  Laenas,  B.C. 
356.2 

With  respect  to  the  electors  and  the  mode  of  elec- 
tion, we  are  told3  that  on  the  first  institution  of  the 
office,  the  dictator  was  created  by  the  populus  or 
burghers  (M.  Valerius  qui  primus  magister  a  populo 
creatus  est),  just  as  it  had  been  the  custom  for  the 
kings  to  be  elected  by  the  patricians.  Dionysius* 
tells  us  that  the  people  merely  ratified  (krttyrityioaTo) 
the  choice  of  the  senate.  But  the  common  prac- 
tice, even  in  very  early  times,  was  for  the  senate  to 
select  an  individual,  who  was  nominated  in  the  dead 
of  the  night  by  one  of  the  consuls,  and  then  re- 
ceived the  imperium,  or  sovereign  authority,  from 
the  assembly  of  the  curies.5  This  ratification  was 
in  early  times  indispensable  to  the  validity  of  the 
election,  just  as  it  had  been  necessary  for  the  kings, 
even  after  their  election  by  the  curies,  to  apply  to 
them  for  investiture  with  the  imperium  (legem  curi- 
atam  de  imperio  ferre6). 

The  possession  of  the  right  of  conferring  the  im- 
perium may,  as  Niebuhr  suggests,  have  led  the  pa- 
tricians to  dispense  with  voting  on  the  preliminary 
nomination  of  the  senate,  although  it  is  not  impos- 
sible that  the  right  of  ratification  has  been  confound- 
ed with  the  power  of  appointment.  In  later  times, 
however,  and  after  the  passing  of  the  Maenian  law, 
the  conferring  of  the  irnpeiium  was  a  mere  form. 
Thenceforward  it  was  only  necessary  that  the  con- 
sul should  consent  to  proclaim  the  person  nomina- 
ted by  the  senate.7 

In  the  statement  we  have  just  made  with  respect 
to  the  nominations  by  the  senate,  we  have  been 
guided  chiefly  by  the  authority  of  Livy  ;  but  we 
must  not  omit  to  mention  that,  according  to  Diony- 
sius, the  senate  only  resolved  on  the  appointment  of 
a  dictator,  and  left  the  choice  to  be  made  by  one  of 
the  consuls.  Some  instances  mentioned  in  Livy 
certainly  confirm  this  opinion  ;  but  they  are  gener- 
ally, though  not  always,  cases  in  which  a  dictator 
was  appointed  for  some  single  and  unimportant  pur- 
pose ;b  nor  is  it  likely  that  the  disposal  of  kingly 
power  would  have  been  intrusted,  as  a  matter  of 
course,  to  the  discretion  of  an  individual.  On  one 
of  these  occasions  we  read  that  the  consuls  in  office 
refused  for  some  time  to  declare  a  dictator,  though 
required  by  the  senate  to  do  so,  till  they  were  com- 
pelled by  one  of  the  tribunes.9  There  were,  in  fact, 
religious  scruples  against  the  nomination  being  made 
by  any  other  authority  than  the  consuls  ;19  and  to 
such  an  extent  were  they  carried,  that  after  the 
battle  at  the  Trasimene  lake,  the  only  surviving 
consul  being  from  home,  the  people  elected  a.  pro- 
dictator,  and  so  met  the  emergency.  We  may  ob. 
serve  that  Livy  states,  with  reference  to  this  case, 
that  the  people  could  not  create  a  dictator,  having 
never  up  to  that  time  exercised  such  a  power  (quod 


1.  (Liv.,  ii.,  18.)— 2.  (Liv.,  vii.,  17.— Arnold,  ii.,  p.  84.)— a 
(Fest.,  Opt.  Lex.)— 4.  (v.,  70.)— 5.  (Liv.,  ix.,  38.)— 6.  (Cic,  D« 
Repub.,  ii.,  13,  17.)— 7.  (Niebuhr,  i.,  p.  509.)— 8.  ',Lir.,viii.,23 
ix.,  7—  Dionys.,  x  ,  23.)— 9.  (Liv.,  iv.,  26.)— 10    (Liv.,  iv.^31  . 
xxvii.,  c  5.) 


DICTATOR. 


DIES. 


nunquam  ante  earn  diem  factum  erat)  :  we  find,  bow- 
ever,  in  a  case  subsequent  to  this  (B.C.  212),  that 
the  people  did  appoint  a  dictator  for  holding  the 
elections,  though  the  consul  of  the  year  protested 
against  it,  as  an  encroachment  upon  his  privileges ; 
nut  even  then  the  consul  nominated,  though  he  did 
not  appoint} 

Dionysius2  informs  us  that  the  authority  of  a  dic- 
tator was  supreme  in  everything  (izoXifiov  re  ml 
tiprjvnc  ko.1  iravToc  uXkov  irpuyfiaroe  avroKparup),  and 
that,  till  the  time  of  Sulla,  no  dictator  had  ever 
abused  his  power.  There  were,  however,  some 
limitations,  which  we  will  mention. 

1.  The  period  of  office  v  /.:.  only  six  months,3  and 
at  the  end  of  that  time  a  dictator  might  be  brought  to 
trial  for  any  acts  of  tyranny  committed  by  him  while 
in  power.*  Many,  however,  resigned  their  author- 
ity before  the  expiration  of  the  six  months,  after 
completing  the  business  for  which  they  were  ap- 
pointed. 2.  A  dictator  could  not  draw  on  the  treas- 
ury beyond  the  credit  granted  him  by  the  senate,5 
nor  go  out  of  Italy,6  nor  even  ride  on  horseback 
without  the  permission  of  the  people,7  a  regulation 
apparently  capricious,  but  perhaps  intended  to  show 
whence  his  authority  came.  The  usurped  powers 
of  the  dictators  Sulla  and  Julius  Caesar  are,  of 
course,  not  to  be  compared  with  the  genuine  dic- 
tatorship. After  the  death  of  the  latter,  the  office 
was  abolished  forever  by  a  law  of  Antony,  the  con- 
sul.8 The  title,  indeed,  was  offered  to  Augustus, 
but  he  resolutely  refused  it,9  in  consequence  of  the 
odium  attached  to  it  from  the  conduct  of  Sulla  when 
dictator ;  in  fact,  even  during  the  later  ages  of  the 
Republic,  and  for  one  hundred  and  twenty  years 
previous  to  Sulla's  dictatorship,  the  office  itself  had 
been  in  abeyance,  though  the  consuls  were  fre- 
quently invested,  in  time  of  danger,  with  something 
like  a  dictatorial  power  by  a  senatus  consultum, 
empowering  them  to  take  measures  for  securing 
the  stale  against  harm  (ut  darent  operant  ne  quid 
respublica  detrimenti  caperet). 

Together  with  the  master  of  the  burghers,  or  the 
dictator,  there  was  always  appointed  (dictatori  addi- 
tus)  a  magister  equitum,  or  master  of  the  knights. 
In  many  passages  of  Livy,  it  is  stated  that  the  lat- 
ter was  chosen  by  the  dictator.  This,  however, 
was  not  always  the  case ;  at  any  rate,  we  meet 
with  instances  where  the  appointment  was  made  by 
the  senate  or  the  plebs.10  He  was,  of  course,  sub- 
ject, like  other  citizens,  to  the  dictator  ;  but  his  au- 
thority is  said  to  have  been  equally  supreme,  within 
his  own  jurisdiction,  over  the  knights  and  accensi:11 
who  the  latter  are  it  is  difficult  to  determine.12  Nie- 
buhr13  says  of  the  magister  equitum,  "  The  func- 
tions of  this  officer  in  the  state  are  involved  in  ob- 
scurity ;  that  he  was  not  merely  the  commander  of 
the  horse,  and  the  dictator's  lieutenant  in  the  field, 
is  certain.  I  conjecture  that  he  was  chosen  by  the 
centuries  of  the  plebeian  knights,  and  that  he  was 
their  protector  :  the  dictator  may  have  presided  at 
the  election,  and  have  taken  the  votes  of  the  twelve 
centuries  on  the  person  whom  he  proposed  to  them. 
This  might  afterward  have  fallen  into  disuse,  and 
he  would  then  name  his  colleague  himself." 

This  conjecture,  although  plausible,  is  far  from 
being  supported  by  the  authority  of  Livy,  who  speaks 
of  both  officers  as  being  "  creati,"  and  of  the  ma- 
gister equitum  as  being  "  additus  dictatori,"  in  such 
a  way  as  to  justify  the  inference  that  they  were 
both  appointed  by  the  same  authority,  just  as  they 
were  both  selected  from  the  same  class  of  men.,  the 
consulares  or  prastorii. 

1.  (Liv.,  xxii.,8,  31.)— 2.  (v.,73.)— 3.  (Liv.,  ix.,  34.)— 4.  (Liv., 
vii.,  4.)—  5.  (Niebuhr,  note  1249.)— 6.  (Liv.,  Epit.,  xix.)  —  7. 
(id.,  xxiii.,  14.)— 8.  (Cic,  Phil.,  i.,  1.)—  9.  (Suet.,  Octav.,  c.52.) 
—10.  (Liv.,  ii.,  18  ;  viii.,  17  ;  xxvii.,  5.)— 11.  (Varvo,  De  Ling. 
Lat .  »-.,  82.)— 12.  (Arnold,  i.,  p.  144.)— 13.  (i.,  p.  596.) 
Z  z 


On  one  occasion  tne  people  made  a  master  01  the 
horse,  M.  Minucius,  equal  in  command  with  the 
dictator  Fabius  Maximus.1 

DICTYNNTA  (Ai/trww),  a  festival  with  sacri- 
fices, celebrated  at  Cydonia  in  Crete,  in  honour  of 
Artemis,  surnamed  AtKTVvva  or  Atarvvvaia,  from 
6'lk.tvov,  a  hunter's  net.2  Particulars  respecting  its 
celebration  are  not  known.  Artemis  Ainrvvva  was 
also  worshipped  at  Sparta,3  and  at  Ambrysus  in 
Phocis.4 

DIES  (of  the  same  root  as  dioc  and  deus5).  The 
name  dies  was  applied,  like  our  word  day,  to  the 
time  during  which,  according  to  the  notions  of  the 
ancients,  the  sun  performed  his  course  around  the 
earth  ;  and  this  time  they  called  the  civil  day  (dies 
civilis,  in  Greek  vyxdyp-epov,  because  it  included  both 
night  and  day6).  The  natural  day  (dies  naturalis), 
or  the  time  from  the  rising  to  the  setting  of  the  sun, 
wras  likewise  designated  by  the  name  dies.  The 
civil  day  began  with  the  Greeks  at  the  setting  of 
the  sun,  and  with  the  Romans  at  midnight ;  with 
the  Babylonians  at  the  rising  of  the  sun,  and  with 
the  Umbrians  at  midday.7  We  have  here  only  to 
consider  the  natural  day,  and,  as  its  subdivisions 
were  different  at  different  times,  and  not  always  the 
same  among  the  Greeks  as  among  the  Romans,  we 
shall  endeavour  to  give  a  brief  account  of  the  va- 
rious parts  into  which  it  was  divided  by  the  Greeks 
at  the  different  periods  of  their  history,  and  then 
proceed  to  consider  its  divisions  among  the  Ro- 
mans, to  which  will  be  subjoined  a  short  list  of  re- 
markable days. 

At  the  time  of  the  Homeric  poems,  the  natural 
day  was  divided  into  three  parts.8  The  first,  called 
■que,  began  with  sunrise,  and  comprehended  the 
whole  space  of  time  during  which  light  seemed 
to  be  increasing,  i.  e.,  till  midday.9  Some  ancient 
grammarians  have  supposed  that  in  some  instances 
Homer  used  the  word  Tide  for  the  whole  day,  bm 
Nitzsch10  has  shown  the  incorrectness  of  this  opin- 
ion. The  second  part  was  called  fitaov  y/uap,  or  mid- 
day, during  which  the  sun  was  thought  to  stand 
still.11  The  third  part  bore  the  name  of  deiXn  or 
deieXov  ^//ap,13  which  derived  its  name  from  the 
increased  warmth  of  the  atmosphere.  The  last 
part  of  the  deifaj  was  sometimes  designated  by  the 
words  tzotI  'iaxepav  or  PovTlvtoc.13  Besides  these 
three  great  divisions,  no  others  seem  to  have  been 
known  at  the  time  when  the  Homeric  poems  were 
composed.  The  chief  information  respecting  the 
divisions  of  the  day  in  the  period  after  Homer,  and 
more  especially  the  divisions  made  by  the  Athe- 
nians, is  to  be  derived  from  Pollux.14  The  first  and 
last  of  the  divisions  made  at  the  time  of  Homer 
were  afterward  subdivided  into  two  parts.  The 
earlier  part  of  the  morning  was  termed  irpui  or 
irpu  TJje  r/fiepac  ;  the  latter  ttXtjOovovc  rye  uyopuc,  or 
Tcepl  nX-f/dovaav  dyopuv.15  The  fieoov  rjfiap  of  Homer 
was  afterward  expressed  by  /near/fj.6pia,  fieoov  v/iipac, 
or  piecri  vfiipa,  and  comprehended,  as  before,  the 
middle  of  the  day,  when  the  sun  seemed  neither  to 
rise  nor  to  decline.  The  two  parts  of  the  afternoon 
were  called  bzCkn  Trpui-n  or  Tzpuia,  and  deiXn  oipin  or 
oipia.16  This  division  continued  to  be  observed  down 


1.  (Liv.,  xxii.,  26.)— 2.  (Diod.  Sic,  v.,  76.— Compare  Strabo, 
x.,  p.  376,  ed.  Tauchnitz.— Pausan.,  ii.,  30,  t>  3.)— 3.  (Paus.,  iii., 
12,  ()  7.) — 4.  (Paus.,  x.,36,  t>  3.— Compare  the  scholiast  ad  Aris 
toph.,  Ran.,  1284  ;  Vesp.,  357  ;  and  Meursius,  Creta,  c.  3.)— 5. 
(Buttmann,  Mythologus,  ii.,  p.  74.)— 6.  (See  Censorin.,  De  Die 
Natali,  23.— Plin.,  H.  N.,  ii.,  77,  79.— Varro,  De  Re  Rust.,  i., 
28.— Macrob.,  Sat.,  i.,  3.)— 7.  (Macrob.,1.  c— Gellius,  in.,  2.)— 
8.  (II.,  xxi.,  111.)— 9.  (II.,  viii.,  06;  ix.,  84.— Od.,  ix.,  56.)-10. 
(Anmerkungen  zur  Odyssee,  i.,  125.)  — 11.  (Hermias  ad  Plat., 
Phaedr.,  p.  342.)— 12.  (Od.,  xvii.,  606.— Compare  Buttmann's  Lex 
ilogus,  ii.,  n.  95.)— 13.  (Od.,  xvii.,  191.— II.,  xvi.,  779.)— 14 
(Onom.,  i.,  68.)— 15.  (Herod.,  iv.,  181.— Xen.,  Mem.,  i.,  1,  *  10. 
— Hellen.,  i.,  1,  ^  30.— Dion  Chrysost.,  Orat.,  Ixvn.)— 16.  (He. 
rod.,  vii.,  167  ;  viii.,  6.— Thucyd.,  iii.,  74  ;  viii.,  26.—  Compaie 
Libanius.  Epist.,  1084.) 

361 


DIF.S 


DIFFAREATIO. 


to  the  latest  period  of  Grecian  history,  though  an- 
other more  accurate  division,  and  more  adapted  to 
the  purposes  of  common  life,  was  introduced  at  an 
early  period ;  for  Anaximander,  or,  according  to 
others,  his  disciple  Anaximenes,  is  said  to  have 
made  the  Greeks  acquainted  with  the  use  of  the 
Babylonian  chronometer  or  sundial  (called  itokoc  or 
6po?i,6ytov,  sometimes  with  the  epithet  cKtodnpcKov  or 
TjXta^dvdpov),  by  means  of  which  the  natural  day  was 
divided  into  twelve  equal  spaces  of  time.1  These 
spaces  were,  of  course,  longer  or  shorter,  according 
to  the  various  seasons  of  the  year.  The  name 
hours  (upac),  however,  did  not  come  into  general 
use  till  a  very  late  period,  and  the  difference  be- 
tween natural  and  equinoctial  hours  was  first  ob- 
served by  the  Alexandrine  astronomers. 

During  the  early  ages  of  the  history  of  Rome, 
when  artificial  means  of  dividing  time  were  yet  un- 
known, the  natural  phenomena  of  increasing  light 
and  darkness  formed  with  the  Romans,  as  with  the 
Greeks,  the  standard  of  division,  as  we  see  from 
the  vague  expressions  in  Censorinus.2  Pliny  states3 
that  in  the  Twelve  Tables  only  the  rising  and  the 
setting  of  the  sun  were  mentioned  as  the  two  parts 
into  which  the  day  was  then  divided ;  but  from  Cen- 
sorinus* and  Gellius5  we  learn  that  midday  (meri- 
dies)  was  also  mentioned.  Varro6  likewise  distin- 
guished three  parts  of  the  day,  viz.,  mane,  meridies, 
and  suprcma  scil.  tempestas,  after  which  no  assem- 
bly could  be  held  in  the  Forum.  The  lex  Plaetoria 
prescribed  that  a  herald  should  proclaim  the  supre- 
ma  in  the  comitium,  that  the  people  might  know 
that  their  meeting  was  to  be  adjourned.  But  the  di- 
vision of  the  day  most  generally  observed  by  the 
Romans  was  that  into  tempus  antemeridianum  and 
pomeridianum,  the  meridies  itself  being  only  consid- 
ered as  a  point  at  which  the  one  ended  and  the  oth- 
er commenced.  But,  as  it  was  of  importance  that 
this  moment  should  be  known,  an  especial  officer 
(vid.  Accensus)  was  appointed,  who  proclaimed  the 
time  of  midday,  when  from  the  curia  he  saw  the 
sun  standing  between  the  rostra  and  the  graecosta- 
sis.  The  division  of  the  day  into  twelve  equal  spa- 
ces, which,  here  as  in  Greece,  were  shorter  in  win- 
ter than  in  summer,  was  adopted  at  the  time  when 
artificial  means  of  measuring  time  were  introduced 
among  the  Romans  from  Greece.  This  was  about 
the  year  B.C.  291,  when  L.  Papirius  Cursor,  after 
the  war  with  Pyrrhus  in  southern  Italy,  brought  to 
Rome  an  instrument  called  solarium  horologium,  or 
simply  solarium.7  But  as  the  solarium  had  been 
made  for  a  different  meridian,  it  showed  the  time  at 
Rome  very  incorrectly.  Scipio  Nasica,  therefore, 
erected  in  B.C.  159  a  public  clepsydra,  which  indi- 
cated the  hours  of  the  night  as  well  as  of  the  day. 
Even  after  the  erection  of  this  clepsydra,  it  was  cus- 
tomary for  one  of  the  subordinate  officers  of  the 
praetor  to  proclaim  the  third,  sixth,  and  ninth  hours  ; 
which  shows  that  the  day  was,  like  the  night,  divi- 
ded into  four  parts,  each  consisting  of  three  hours. 
See  Dissen's  treatise,  De  Partibus  Noctis  et  Diei  ex 
Divisionibus  Veterum,  in  his  Kleine  Lateinische  und 
Deutsche  Schriften,  p.  130,  150.  (Compare  the  arti- 
cle Horologium.) 

All  the  days  of  the  year  were,  according  to  dif- 
ferent points  of  view,  divided  by  the  Romans  into 
different  classes.  For  the  purpose  of  the  adminis- 
tration of  justice,  all  days  were  divided  into  dies  fas- 
ti and  dies  nefasti. 

Dies  fasti  were  the  days  on  which  the  praetor 
was  allowed  to  administer  justice  in  the  public 


I.  (Herod.,  ii.,  109— Diog.  Laert.,  ii.,  1,  3  — Plin.,  H.  N.,  ii., 
6,  78.— Suidas,  s.  v.  'Ava^^a^pos.)— 2.  (De  Die  Nat.,  24.)— 3. 
(H.  N.,  vii.,  60.)— 4.  (1.  c.)— 5.  (xvii.,  2.)— 6.  (De  Ling.  Lat., 
vi.,  4,  5,  ed.  Muller  ;  andlsidor.,  Orig.,  v.,  30  and  31.)— 7.  (Plaut. 
»p.  Gell.,  iii.,  3,  t>  5.) 
362 


couits  ,  they  derived  their  name  from  firi  (fan  tit* 
verba  ;  do,  dico,  addico1).  On  some  of  the  dies  fasti 
comitia  could  be  held,  but  not  on  all.8  Dies  might 
be  fasti  in  three  different  ways  :  1.  Dies  fasti  pro- 
prie  et  toti,  or  simply  dies  fasti,  were  days  on  which 
the  praetor  used  to  hold  his  courts,  and  could  do  so 
at  all  hours.  They  were  marked  in  the  Roman 
calendar  by  the  letter  F,  and  their  number  in  tho 
course  of  the  year  was  38  ;3  2.  Dies  propric  sed  non 
toti  fasti,  or  dies  inter cisi,  days  on  which  the  praet  oi 
might  hold  his  courts,  but  not  at  all  hours,  so  that 
sometimes  one  half  of  such  a  day  was  fastus,  while 
the  other  half  was  nefastus.  Their  number  was  65 
in  the  year,  and  they  were  marked  in  the  calendar 
by  the  signs  Fp.  —fastus  primo,  Np  —  nefastus  pri- 
mo,  En.  =  endotercisus  =  intercisus,  Q.  Rex  C.  F.  = 
quando  Rex  comitio  fugit,  or  quando  Rex  comitiavit 
fas,  Q.  St.  Df.  =  quando  stercus  defertur ;  3.  Dies  non 
proprie  sed  casu  fasti,  or  days  which  were  not  fasti 
properly  speaking,  but  became  fasti  accidentally  ;  a 
dies  comitialis,  for  instance,  might  become  fastus, 
if  either  during  its  whole  course,  or  during  a  part 
of  it,  no  comitia  were  held,  so  that  it  accordingly  be- 
came either  a  dies  fastus  totus,  or  fastus  ex  parte.* 

Dies  nefasti  were  days  on  which  neither  courts 
of  justice  nor  comitia  were  allowed  to  be  held,  and 
which  were  dedicated  to  other  purposes.5  Accord- 
ing to  the  ancient  legends,  they  were  said  to  have 
been  fixed  by  Numa  Pompilius.6  From  the  re- 
marks made  above,  it  will  be  understood  that  one 
part  of  a  day  might  be  fastus,  while  another  was  ne- 
fastus.7 The  nundince,  which  had  originally  been 
dies  fasti,  had  been  made  nefasti  at  the  time  when 
the  twelve-months  year  was  introduced  ;  but  in  B.C. 
286  they  were  again  made  fasti  by  a  law  of  Q.  Hor- 
tensius.8  The  term  dies  nefasti,  which  originally 
had  nothing  to  do  with  religion,  but  simply  indicated 
days  on  which  no  courts  were  to  be  held,  was  in 
subsequent  times  applied  to  religious  days  in  gener- 
al, as  dies  nefasti  were  mostly  dedicated  to  ;  he  wor- 
ship of  the  gods.9 

In  a  religious  point  of  view  all  days  of  the  year 
were  either  diesfesti,  or  dies  prof esti,  or  dies  intercisi. 
According  to  the  definition  given  by  Macrobius,  dies 
festi  were  dedicated  to  the  gods,  and  spent  with 
sacrifices,  repasts,  games,  and  other  solemnities  ; 
dies  profesti  belonged  to  men  for  the  administra- 
tion of  their  private  and  public  affairs.  They  were 
either  dies  fasti,  or  comitiales,  or  comperendini,  or 
stati,  or  pradiales.  Dies  intercisi  were  common  be- 
tween gods  and  men,  that  is,  partly  devoted  to  the 
worship  of  the  gods,  partly  to  the  transaction  of  or- 
dinary business. 

We  have  lastly  to  add  a  few  remarks  on  some  of 
the  subdivisions  of  the  dies  profesti,  which  are  like- 
wise defined  by  Macrobius.  Dies  comitiales  were 
days  on  which  comitia  were  held  ;  their  number 
was  184  in  a  year.  Dies  comperendini  were  days  to 
which  any  action  was  allowed  to  be  transferred 
(quibus  vadimonium  licet  dicere10).  Dies  stati  were 
days  set  apart  for  causes  between  Roman  citizens 
and  foreigners  (qui  judicii  causa  cum  peregrinis  in- 
stituuntur).  Dies  prazliales  were  all  days  on  winch 
religion  did  not  forbid  to  commence  a  war ;  a  list 
of  days  and  festivals  on  which  it  was  contrary  t3 
religion  to  commence  a  war  is  given  by  Macrobius. 
See  also  Festus,  s.  v.  Compare  Manutius,  De  Vet- 
erum Dierum  Ratione,  and  the  article  Calendar 
(Roman). 

DIFFAREA'TIO.     (Vid.  Divortium.) 

1.  (Ovid,  Fasti,  i.,  45,  &c— Varro,  De  Ling.  Lat.,  vi.,  29,  30, 
ed.  Miiller.— Macrob.,  Sat.,  i.,  16.)— 2.  (Cicero,  Pro  Sext.,  15, 
with  the  note  of  Manutius.) — 3.  (Niebuhr,  Hist,  of  Rome,  iii., 
p.  368.)— 4.  (Macrob.,  Sat.,  i.,  16. — Varro,  De  Ling.  Lat.,  1.  c.)— 
5.  (Varro,  1.  c.)— 6.  (Liv.,  i.,  19.)— 7.  (Ovid,  Fast.,  i.,  50.)— & 
(Macrob.,  Sat.,  i.,  16.)— 9.  (Gellius,  iv.,  9  ;  v.,  17.)— 10.  (Gaiui, 
iv.,  <)  15.) 


DIOCLEIA. 


DIONYSIA. 


MGESTA.     (Vid.  Pandects.) 

DI'GITUS.     (Vid.  Pes.) 

DIIPOLEIA  (AaTToActa),  also  called  binoltLa  o. 
AuTcoXta,  a  very  ancient  festival,  celebrated  every 
year  on  the  acropolis  of  Athens  in  honour  of  Zeus, 
surnamed  UoXievg.1  Suidas  and  the  scholiast  on 
Aristophanes3  are  mistaken  in  believing  that  the 
Diipolia  were  the  same  festival  as  the  Diasia.  It 
was  held  on  the  14th  of  Scirrophorion.  The  man- 
ner in  which  the  sacrifice  of  an  ox  was  offered  on 
this  occasion,  and  the  origin  of  the  rite,  are  de- 
scribed by  Porphyrins,3  with  whose  account  may  be 
compared  the  fragmentary  descriptions  of  Pausa- 
nias*  and  ^Elian.5  The  Athenians  placed  barley 
mixed  with  wheat  upon  the  altar  of  Zeus,  and  left  it 
unguarded ;  the  ox  destined  to  be  sacrificed  was 
then  allowed  to  go  and  take  of  the  seeds.  One  of 
the  priests,  who  bore  the  name  of  fiovQovoc  (whence 
the  festival  was  sometimes  called  fiov<p6vi.a),  at  see- 
ing the  ox  eating,  snatched  the  axe,  killed  the  ox, 
and  ran  away.  The  others,  as  if  not  knowing  who 
had  killed  the  animal,  made  inquiries,  and  at  last 
also  summoned  the  axe,  which  was  in  the  end  de- 
clared guilty  of  having  committed  the  murder. 
This  custom  is  said  to  have  arisen  from  the  fol- 
lowing circumstance  :  In  the  reign  of  Erechtheus, 
at  the  celebration  of  the  Dionysia,  or,  according  to 
the  scholiast  on  Aristophanes,6  at  the  Diipolia,  an 
ox  ate  the  cakes  offered  to  the  god,  and  one  Baulon 
or  Thaulon,  or,  according  to  others,  the  (3ov<j)6vog, 
killed  the  ox  with  an  axe  and  fled  from  his  coun- 
try. The  murderer  having  thus  escaped,  the  axe 
was  declared  guilty,  and  the  rite  observed  at  the 
Diipolia  was  performed  in  commemoration  of  that 
event.7  This  legend  of  the  origin  of  the  Diipolia 
manifestly  leads  us  back  to  a  time  when  it  had  not 
yet  become  customary  to  offer  animal  sacrifices  to 
the  gods,  but  merely  the  fruits  of  the  earth.  Por- 
phyrins also  informs  us  that  three  Athenian  families 
had  their  especial  (probably  hereditary)  functions 
to  perform  at  this  festival.  Members  of  the  one 
drove  the  ox  to  the  altar,  and  were  thence  called 
KEvrpcadai :  another  family,  descended  from  Baulon, 
and  called  the  fiovrviroi,  knocked  the  victim  down  ; 
and  a  third,  designated  by  the  name  dairpoi,  killed  it.8 

DILIGE'NTIA.     (Vid.  Culpa.) 

DIMACHvE  (dtfuixai)  were  Macedonian  horse- 
soldiers,  who  also  fought  on  foot  when  occasion  re- 
quired. Their  armour  was  heavier  than  that  of  the 
ordinary  horse-soldiers,  and  lighter  than  that  of 
the  regular  heavy-armed  foot.  A  servant  accom- 
panied each  soldier  in  order  to  take  care  of  his 
horse  when  he  alighted  to  fight  on  foot.  This  spe- 
cies of  troops  is  said  to  have  been  first  introduced 
by  Alexander  the  Great.9 

DIMINUTIO  CA'PITIS.     (Vid.  Caput.) 

DTO'BOLOS.     (Vid.  O-bolos.) 

DIOCLEIA.  (AioK^eca),  a  festival  celebrated  by 
the  Megarians  in  honour  of  an  ancient  Athenian 
hero,  Diodes,  around  whose  grave  young  men  as- 
sembled on  the  occasion,  and  amused  themselves 
with  gymnastic  and  other  contests.  We  read  that 
he  who  gave  the  sweetest  kiss  obtained  the  prize, 
consisting  of  a  garland  of  flowers.10  The  scholiast 
on  Theocritus11  relates  the  origin  of  this  festival  as 
follows  :  Diodes,  an  Athenian  exile,  fled  to  Megara, 
where  he  found  a  youth  with  whom  he  fell  in  love. 
In  some  battle,  while  protecting  the  object  of  his 
love  with  his  shield,  he  was  slain.  The  Megarians 
honoured  the  gallant  lover  with  a  tomb,  raised  him 
to  the  rank  of  a  hero,  and,  in  commemoration  of  his 

1.  (Paus.,  i.,  14,  I)  4.)— 2.  (Pax,  410.) —3.  (De  Abstinent., 
i: .  )  29.)— 4.  (i.,  28, 1)  11.)— 5.  (V.  H.,  viii.,  3.)— 6.  (Nub.,  972.) 
— 7.  (Compare  Suidas  and  Hesych.,  s.  v.  Bov&dvia.) — 8.  (Com- 
pare Creuzer's  Mythol.  und  Symbol.,  i.,  p.  172  ;  iv.,  p.  122,  &c.) 

9.  (Pollux,  Onom.,  i.,  132.— Curtius,  v.,  13.)— 10.  (Theocrit., 
Idyll.,  xii.,  27.  &c.)— 11.  (1.  c.) 


[faithful  attachment,  instituted  the  lestival  of  the 
Diocleia.  See  Bockh  ad  Find.,  Olymp.,  vii.,  157,  p: 
176,  and  the  scholiast  ad  Aristoph.,  Acharn.,  730, 
where  a  Megarian  swears  by  Diodes,  from  which 
we  may  infer  that  he  was  held  in  great  honour  by 
the  Megarians.1 

DIOMO'SIA  (^tufiocia).  (Vid.  Antomosia.) 
DIONY'SIA  (Atovvaia),  festivals  celebrated  in  va- 
rious parts  of  Greece  in  honour  of  Dionysus.  Wa 
have  to  consider  under  this  head  several  festivals  of 
the  same  deity,  although  some  of  them  bore  differ- 
ent names ;  for  here,  as  in  other  cases,  the  name  of 
the  festival  was  sometimes  derived  from  that  of  the 
god,  sometimes  from  the  place  where  it  was  cele- 
brated, and  sometimes  from  some  particular  circum- 
stance connected  with  its  celebration.  We  shall, 
however,  direct  our  attention  chiefly  to  the  Attic 
festivals  of  Dionysus,  as,  on  account  of  their  inti- 
mate connexion  with  the  origin  and  the  develop- 
ment of  dramatic  literature,  they  are  of  greater  im- 
portance to  us  than  any  other  ancient  festival. 

The  general  character  of  the  festivals  of  Dionysus 
was  extravagant  merriment  and  enthusiastic  joy, 
which  manifested  themselves  in  various  ways.  The 
import  of  some  of  the  apparently  unmeaning  and 
absurd  practices  in  which  the  Greeks  indulged  du- 
ring the  celebration  of  the  Dionysia,  has  been  well 
explained  by  Muller  :a  "  The  intense  desire  felt  by 
every  worshipper  of  Dionysus  to  fight,  to  conquer, 
to  suffer  in  common  with  him,  made  them  regard 
the  subordinate  beings  (Satyrs,  Pans,  and  Nymphs, 
by  whom  the  god  himself  was  surrounded,  and 
through  whom  life  seemed  to  pass  from  him  into 
vegetation,  and  branch  off  into  a  variety  of  beautiful 
or  grotesque  forms),  who  were  ever  present  to  the 
fancy  of  the  Greeks,  as  a  convenient  step  by  which 
they  could  approach  more  nearly  to  the  presence  of 
their  divinity.  The  customs  so  prevalent  at  the 
festivals  of  Dionysus,  of  taking  the  disguise  of  sa- 
tyrs, doubtless  originated  in  this  feeling,  and  not  in 
the  mere  desire  of  concealing  excesses  under  the 
disguise  of  a  mask,  otherwise  so  serious  and  pa- 
thetic a  spectacle  as  tragedy  couid  never  have  ori- 
ginated in  the  choruses  of  these  satyrs.  The  de- 
sire of  escaping  from  self  into  something  new  and 
strange,  of  living  in  an  imaginary  world,  breaks 
forth  in  a  thousand  instances  in  these  festivals  of 
Dionysus.  It  is  seen  in  the  colouring  the  body  with 
plaster,  soot,  vermilion,  and  different  sorts  of  green 
and  red  juices  of  plants,  wearing  goat  and  deer 
skins  round  the  loins,  covering  the  face  with  large 
leaves  of  different  plants,  and,  lastly,  in  the  wearing 
masks  of  wood,  bark,  and  other  materials,  and  of 
a  complete  costume  belonging  to  the  character." 
Drunkenness,  and  the  boisterous  music  of  flutes, 
cymbals,  and  drums,  were  likewise  common  to  all 
Dionysiac  festivals.  In  the  processions  called  diaooi 
(from  deia&),  with  which  they  were  celebrated, 
women  also  took  part,  in  the  disguise  of  Bacchae, 
Lenee,  Thyades,  Naiades,  Nymphs,  &c,  adorned 
with  garlands  of  ivy,  and  bearing  the  thyrsus  in 
their  hands  (hence  the  god  was  sometimes  called 
Qrj%v/j.op<j>og),  so  that  the  whole  train  represented  a 
population  inspired,  and  actuated  by  the  powerful 
presence  of  the  god.  The  choruses  sung  on  the  oc- 
casion were  called  dithyrambs,  and  were  hymns  ad- 
dressed to  the  god  in  the  freest  metres  and  with 
the  boldest  imagery,  in  which  his  exploits  and 
achievements  were  extolled.  (Vid.  Chorus.)  The 
phallus,  the  symbol  of  the  fertility  of  nature,  was 
also  carried  in  these  processions,3  and  men  dis- 
guised as  women,  called  idv<baXkoi*  followed  the 

1.  (Compare  Welcker's  Sappho,  p.  39,  and  ad  Theogn.,  p.  7<? ) 
—2.  (Hist,  of  the  Lit.  of  Anc.  Greece,  i.,  p.  289.)— 3.  (Plut.,  Pa 
Cupid.  Divit.,  p.  527,  D.— Aristoph.,  Acharn.,  229,  with  th« 
schol.— Herod.,  ii.,  49.)— 4.  (Hesych.,  s.  v.  — Athen.,  xiv.,  p 
622.) 

363 


DIONYSIA. 


DIONYSIA. 


phallus  A  woman  called  Iwvo&opoc  carried  the 
?ukvov,  a  long  basket  containing  the  image  of  the 
god.  Maidens  of  noble  birth  (navTjQopoi)  used  to 
carry  figs  in  baskets,  which  were  sometimes  of 
gold,  and  to  wear  garlands  of  figs  round  their  necks.1 
The  indulgence  in  drinking  was  considered  by  the 
Greeks  as  a  duty  of  gratitude  which  they  owed  to 
the  giver  of  the  vine ;  hence  in  some  places  it  was 
thought  a  crime  to  remain  sober  at  the  Dionysia.2 

The  Attic  festivals  of  Dionysus  were  four  in  num- 
ber :  the  Aiovvcia  kcit1  dypovc,  or  the  rural  Dionysia, 
the  Aijvaia,  the  'Avdearr/pta,  and  the  Aiovvata  kv 
uarei.  After  Ruhnken3  and  Spalding4  had  declared 
the  Anthesteria  and  the  Lenaea  to  be  only  two 
names  for  one  and  the  same  festival,  it  was  gener- 
ally taken  for  granted  that  there  could  be  no  doubt 
as  to  the  real  identity  of  the  two,  until  in  1817,  A. 
Bockh  read  a  paper  to  the  Berlin  Academy,5  in 
which  he  established  by  incontrovertible  arguments 
the  difference  between  the  Lenaea  and  Anthesteria. 
An  abridgment  of  Bockh's  essay,  containing  all 
that  is  necessary  to  form  a  clear  idea  of  the  whole 
question,  is  given  in  the  Philological  Museum.6 
The  season  of  the  year  sacred  to  Dionysus  was  du- 
ring the  months  nearest  to  the  shortest  day,7  and 
the  Attic  festivals  were  accordingly  celebrated  in 
the  Poseideon,  Gamelion  (the  Lenaeon  of  the  Ioni- 
ans),  Anthesterion,  and  Elaphebolion. 

The  Aiovvaia  kut'  dypovc  or  fiinpd,  the  rural  or 
lesser  Dionysia,  a  vintage  festival,  were  celebrated 
in  the  various  demes  of  Attica  in  the  month  of  Po- 
seideon, and  were  under  the  superintendence  of  the 
several  local  magistrates,  the  demarchs.  This  was 
doubtless  the  most  ancient  of  all,  and  was  held  with 
the  highest  degree  of  merriment  and  freedom  ;  even 
slaves  enjoyed  full  freedom  during  its  celebration, 
end  their  boisterous  shouts  on  the  occasion  were 
almost  intolerable.  It  is  here  that  we  have  to  seek 
for  the  origin  of  comedy,  in  the  jests  and  the  scur- 
rilous abuse  which  the  peasants  vented  upon  the 
by-stan ders  from  a  wagon  in  which  they  rode  about 
{utiuog  eft  afiaZwv).  Aristophanes8  calls  the  comic 
poets  Tpvyudoi,  lee-singers,  and  comedy,  Tpvypdia, 
lee-song;9  from  the  custom  of  smearing  the  face 
with  lees  of  wine,  in  which  the  merry  country  people 
/ndulged  at  the  vintage.  The  ascolia  and  other 
amusements,  which  were  afterward  introduced  into 
the  city,  seem  also  originally  to  have  been  peculiar 
to  the  rural  Dionysia.  The  Dionysia  in  the  Piraeus, 
as  well  as  those  of  the  other  demes  of  Attica,  be- 
longed to  the  lesser  Dionysia,  as  is  acknowledged 
both  by  Spalding  and  Bockh.  Those  in  the  Piraeus 
were  celebrated  with  as  much  splendour  as  those 
in  the  city  ;  for  we  read  of  a  procession,  of  the  per- 
formance of  comedies  and  tragedies,  which  at  first 
may  have  been  new  as  well  as  old  pieces ;  but 
when  the  drama  had  attained  a  regular  form,  only 
old  pieces  were  represented  at  the  rural  Dionysia. 
Their  liberal  and  democratical  character  seems  to 
have  been  the  cause  of  the  opposition  which  these 
festivals  met  with,  when,  in  the  time  of  Pisistratus, 
Thespis  attempted  to  introduce  the  rural  amuse- 
ments of  the  Dionysia  into  the  city  of  Athens.10 
That  in  other  places,  also,  the  introduction  of  the 
worship  of  Dionysus  met  with  great  opposition, 
must  be  inferred  from  the  legends  of  Orchomenos, 
Thebes,  Argos,  Ephesus,  and  other  places.  Some- 
thing similar  seems  to  be  implied  in  the  account  of 

1.  (Aristoph.,  Acharn.,  I.e. — Lysistr.,  647. — Natal.  Com.,  v., 
13.)— 2.  (Lucian,  De  Calumn.,  16.)— 3.  (Auctar.  ad  Hesych., 
torn,  i.,  p.  199.) — i.  (Abhandl.  der  Berl.  Acad,  von  1804-1811, 
p.  70,  &c.) — 5.  ("Vom  Unterscheide  der  Attischen  Lenaeen, 
Anthesterien,  mid  ISndl.  Dionysien,"  published  in  1819,  in  the 
Abhandl.  der  Berl.  Acad.)— 6.  (vol.  ii.,  p.  273,  <fcc.)— 7.  (Plut., 
De  Ei  ap.  Delph.,  9.)— 8.  (Vesp.,  620  and  1479.)— 9.  (Acham., 
464,  634.— Athen.,  ii.,  p.  40.)— 10.  (Pint.,  Sol  „  c.  29,  30.— Diog. 
Laert.,  Sol.,  c.  11.) 
364 


the  restoration  of  tragic  choruses  to  Dionysus  «u 
Sicyon.1 

The  second  festival,  the  Lenaa  (from  Irjvoe,  tho 
wine-press,  from  which,  also,  the  month  of  Game- 
lion  was  called  by  the  Ionians  Lenaeon),  was  cele- 
brated in  the  month  of  Gamelion ;  the  place  of  its 
celebration  was  the  ancient  temple  of  Dionysus 
Limnaeus  (from  "kifivn,  as  the  district  was  originally 
a  swamp,  whence  the  god  was  also  called  lifivaye- 
vr/e).  This  temple,  the  Lenaeon,  was  situate  south 
of  the  theatre  of  Dionysus,  and  close  by  it.2  The 
Lenaea  were  celebrated  with  a  procession  and  scen- 
ic contests  in  tragedy  and  comedy.3  The  process- 
ion probably  went  to  the  Lenaeon,  where  a  goat 
(rpdyoc,  hence  the  chorus  and  tragedy  which  arose 
out  of  it  were  called  rpayiKoc  x°P°C  and  rpayudia) 
was  sacrificed,  and  a  chorus  standing  around  the 
altar  sang  the  dithyrambic  ode  to  the  god.  As  the 
dithyramb  was  the  element  out  of  which,  by  the  in- 
troduction of  an  actor,  tragedy  arose  (vid.  Chorus), 
it  is  natural  that,  in  the  scenic  contests  of  this  fes- 
tival, tragedy  should  have  preceded  comedy,  as  we 
see  from  the  important  documents  in  Demosthenes.4 
The  poet  who  wished  his  play  to  be  brought  out  at 
the  Lenaea  applied  to  the  second  archon,  who  had 
the  superintendence  of  this  festival  as  well  as  the 
Anthesteria,  and  who  gave  him  the  chorus  if  the 
piece  was  thought  to  deserve  it. 

The  third  Dionysiac  festival,  the  Anthesteria,  was 
celebrated  on  the  12th  of  the  month  of  Anthesteri- 
on ;5  that  is  to  say,  the  second  day  fell  on  the  12th, 
for  it  lasted  three  days,  and  the  first  fell  on  the  11th,* 
and  the  third  on  the  13th.7  The  second  archon  su- 
perintended the  celebration  of  the  Anthesteria,  and 
distributed  the  prizes  among  the  victors  in  the  vari- 
ous games  which  were  carried  on  during  the  sea- 
son.8 The  first  day  wTas  called  mdoiyia ;  the  sec- 
ond, x°eCi  and  the  third, ^urpoi.9  The  first  day  de- 
rived its  name  from  the  opening  of  the  casks  to  taste 
the  wine  of  the  preceding  year ;  the  second  from 
xovg,  the  cup,  and  seems  to  have  been  the  day  de- 
voted to  drinking.  The  ascolia  seem  to  have  been 
played  on  this  day.  (Vid.  Ascolia.)  We  read  in 
Suidas10  of  another  similar  amusement  peculiar  to 
this  day.  The  drinker  placed  himself  upon  a  bag 
filled  with  air,  trumpets  w7ere  sounded,  and  he  who 
emptied  his  cup  quickest,  or  drank  most,  received 
as  his  prize  a  leather  bag  filled  with  wine  and  a 
garland,  or,  according  to  Julian,11  a  golden  crown.19 
The  Kufiog  ef  dfiat-Cw  also  took  place  on  this  day, 
and  *he  jests  and  abuse  which  persons  poured  forth 
on  this  occasion  were  doubtless  an  imitation  of  the 
amusements  customary  at  the  rural  Dionysia.  Athe- 
naeus13  says  that  it  was  customary  on  the  day  of  the 
Choes  to  send  on  to  sophists  their  salaries  and 
presents,  that  they  too  might  enjoy  themselves  with 
their  friends.  The  third  day  had  its  name  from 
XVTpoc,  a  pot,  as  on  this  day  persons  offered  pots 
with  flowers,  seeds,  or  cooked  vegetables,  as  a  sac- 
rifice to  Dionysus  and  Hermes  Chthonius.1*  With 
this  sacrifice  were  connected  the  uyuvee  x^T9lvot 
mentioned  by  the  scholiast  on  Aristophanes,15  in 
which  the  second  archon  distributed  the  prizes. 
Slaves  were  permitted  to  take  part  in  the  general 
rejoicings  of  the  Anthesteria  ;  but  at  the  close  of 
the  day  they  were  sent  home  with  the  words  v9v- 
pafy,  Kdpec,  ovk  er'  'Avdearrjpia.1* 


1.  (Herod.,  v.,  67.)— 2.  (Schol.  ad  Aristoph.,  Ran.,  480.)— 3 
(Demosth.,  c.  Meid.,  p.  517.)— 4.  (1.  c.)— 5.  (Thucyd.,  ii.,  15.)— 
6.  (Suidas,  s.  v.  Xois.) — 7.  (Philoch.  ap.  Suid.,  s.  v.  Xvrpot.) — 
8.  (Aristoph.,  Acharn.,  1143,  with  the  schol.) — 9.  (Harpocrat 
and  Suidas,  s.  v. — Schol.  ad  Aristoph.,  Ran.,  219. — Athen.,  x., 
p.  437  ;  vii.,  p.  276  ;  iv.,  p.  129.)— 10.  (s.  v.  'Amos)  —11.  (V.  H., 
ii.,  41.) — 12.  (Aristoph.,  Acharn.,  943,  with  the  schol.)— 13.  (x., 
p.  437.) — 14.  (Schol.  ad  Aristoph.,  Acham.,  1009. — Suidas,  8.  v. 
Xvrpoi.)— 15.  (Ran., 220.)— 16.  (Hesych.,  s.t.  eiipu^-— Prodm 
ad  Heaiod.,  Op.  et  Dies.) 


DION  f  Si  A. 


DIONYS1A. 


It  is  uncertain  whether  dramas  were  performed  at 
the  Anthesteria  ;  but  Bockh  supposes  that  comedies 
were  represented,  and  that  tragedies  which  were 
to  be  brought  out  at  the  great  Dionysia  were  per- 
haps rehearsed  at  the  Anihesteria.  The  mysteries 
connected  with  the  celebration  of  the  Anthesteria 
were  held  at  night,  in  the  ancient  temple  h  Mp.vaiq, 
which  was  opened  only  once  a  year,  on  the  12th  of 
Anthesterion.  They  were  likewise  under  the  su- 
perintendence of  the  second  archon  and  a  certain 
number  of  eirifieXrjTai.  He  appointed  fourteen  priest- 
esses, called  ytpaipai  or  yepapai,  the  venerable,  who 
conducted  the  ceremonies  with  the  assistance  of 
one  other  priestess.1  The  wife  of  the  second  archon 
(Paaifacraa)  offered  a  mysterious  sacrifice  for  the 
welfare  of  the  city ;  she  was  betrothed  to  the  god 
in  a  secret  solemnity,  and  also  tendered  the  oath  to 
the  geraerae,  which,  according  to  Demosthenes,2  ran 
thus :  "  I  am  pure  and  unspotted  by  anything  that  pol- 
lutes, and  have  never  had  intercourse  with  man.  I 
will  solemnize  the  Theognia  and  Iobakcheia  at  their 
proper  time,  according  to  the  laws  of  my  ancestors." 
The  admission  to  the  mysteries,  from  which  men 
were  excluded,  took  place  after  especial  prepara- 
tions, which  seem  to  have  consisted  in  purifications 
by  air,  water,  or  fire.3  The  initiated  persons  wore 
skins  of  fawns,  and  sometimes  those  of  panthers. 
Instead  of  ivy,  which  was  worn  in  the  public  part 
of  the  Dionysia,  the  mystae  wore  myrtle.*  The 
sacrifice  offered  to  the  god  in  these  mysteries  con- 
sisted of  a  sow,  the  usual  sacrifice  of  Demeter,  and 
in  some  places  of  a  cow  with  calf.  It  is  more  than 
probable  that  the  history  of  Dionysus  was  symbol- 
ically represented  in  these  mysteries,  as  the  history 
of  Demeter  was  acted  in  those  of  Eleusis,  which 
were  in  some  respects  connected  with  the  former.5 

The  fourth  Attic  festival  of  Dionysus,  Aiovvoia 
h  uutci,  aorucd  or  fieyaAa,  was  celebrated  about  the 
18th  of  the  month  of  Elaphebolion  ;6  but  we  do  not 
know  whether  they  lasted  more  than  one  day  or 
not.  The  order  in  which  the  ceremonies  took  place 
was,  according  to  the  document  in  Demosthenes,  as 
follows  :  The  great  public  procession,  the  chorus 
of  boys,  the  tctifiog  (vid.  Chorus),  comedy,  and,  last- 
ly, tragedy.  We  possess  in  Athenasus7  the  descrip- 
.ion  of  a  great  Bacchic  procession,  held  at  Alexan- 
dra in  the  reign  of  Ptolemaeus  Pniladelphus,  from 
which  we  may  form  some  idea  of  the  great  Attic 
procession.  It  seems  to  have  been  customary  to 
represent  the  god  by  a  man  in  this  procession.  Plu- 
tarch,8 at  least,  relates  that,  on  one  occasion,  a  beau- 
tiful slave  of  Nicias  represented  Dionysus.9  A  ri- 
diculous imitation  of  a  Bacchic  procession  is  de- 
scribed in  Aristophanes.10  Of  the  dramas  which 
were  performed  at  the  great  Dionysia,  the  tragedies, 
at  least,  were  generally  new  pieces  ;  repetitions  do 
not,  however,  seem  to  have  been  excluded  from  any 
Dionysiac  festival.  The  first  archon  had  the  super- 
intendence, and  gave  the  chorus  to  the  dramatic 
poet  who  wished  to  bring  out  his  piece  at  this  festi- 
val. The  prize  awarded  to  the  dramatist  for  the 
best  play  consisted  of  a  crown,  and  his  name  was 
proclaimed  in  the  theatre  of  Dionysus.11  Strangers 
were  prohibited  from  taking  part  in  the  choruses  of 
boys.  During  this  and  some  other  of  the  great  At- 
tic festivals,  prisoners  were  set  free,  and  nobody 
was  allowed  to  seize  the  goods  of  a  debtor  ;  but  a 
war  was  not  interrupted  by  its  celebration.1 3  As  the 
great  Dionysia  were  celebrated  at  the  beginning  of 
spring,  when  the  navigatior  was  reopened,  Athens 

(Pollux,  Onom.,  viii.,  9.)— 2.  (c.  Neeer.,  p.  1371,  22.)— 3. 
(Serv.  ad  JEn.,  vi.,  740.— Paus.,  ix.,  20,  $  4.— Liv.,  xxxix.,  13.) 
—4.  (Schol.  ad  Aristoph.,  Ran.,  330.)— 5.  (Schol.  ad  Aristoph., 
Ran.,  343.)— 6.  (Much  ,  c.  Ctes.,  p.  63.)— 7.  (v.,  p.  197,  199.)— 8. 
(Nic  ,  3.)— 9.  (Compare  Athen.,  v.,  p.  200.)— 10.  (Eccles.,  759, 
seqq.)— 11.  (DemoBth.,  De  Coron.,  p.  207.)— 12.  (Demosth.,  c. 
B<Eot.  De  Norn.,  p.  999. ) 


was  not  only  visited  by  numbers  of  country  peoplu 
but  also  by  strangers  from  other  parts  of  Greece ; 
and  the  various  amusements  and  exhibitions  on  thi* 
occasion  were  not  unlike  those  of  a  modern  fair.1 
Respecting  the  scrupulous  regularity,  and  the  enor 
mous  sums  spent  by  the  Athenians  on  the  celebra- 
tion of  these  and  other  festivals,  see  Demosthenes  * 
As  many  circumstances  connected  with  the  celebia- 
tion  of  the  Dionysia  cannot  be  made  clear  without 
entering  into  minute  details,  we  must  refer  the  read 
er  to  Bockh's  essay. 

The  worship  of  Dionysus  was  almost  universal 
among  the  Greeks  in  Asia  as  well  as  in  Europe,  and 
the  character  of  his  festivals  was  the  same  every- 
where, only  modified  by  the  national  differences  of 
the  various  tribes  of  the  Greeks.  It  is  expressly 
stated  that  the  Spartans  did  not  indulge  so  much  in 
drinking  during  the  celebration  of  the  Dionysia  as 
other  Greeks.3  The  worship  of  Dionysus  was  in  gen- 
eral, with  the  exception  of  Corinth,  Sicyon,  and  the 
Doric  colonies  in  southern  Italy,  less  popular  among 
the  Doric  states  than  in  other  parts  of  Greece.4  It 
was  most  enthusiastic  in  Bceotia,  in  the  orgies  on 
Mount  Cithaeron,  as  is  well  known  from  allusions 
and  descriptions  in  several  Roman  poets.  That  the 
extravagant  merriment,  and  the  unrestrained  con- 
duct with  which  all  festivals  of  this  class  were  cel- 
ebrated, did,  in  the  course  of  time,  lead  to  the 
greatest  excesses,  cannot  be  denied  ;  but  we  must, 
at  the  same  time,  acknowledge  that  such  excesses 
did  not  occur  until  a  comparatively  late  period.  At 
a  very  early  period  of  Grecian  history,  Bacchic  fes- 
tivals were  solemnized  with  human  sacrifices,  and 
traces  of  this  custom  are  discernible  even  until 
very  late.  In  Chios  this  custom  was  superseded 
by  another,  according  to  which  the  Bacchae  were 
obliged  to  eat  the  raw  pieces  of  flesh  of  the  victim 
which  were  distributed  among  them.  This  act  was 
called  o)fio<f>ayia,  and  Dionysus  derived  from  it  the 
name  of  u/uddtoc  and  ufirjoTric.  There  was  a  report 
that  even  Themistocles,  after  the  battle  of  Salamis, 
sacrificed  three  noble  Persians  to  this  divinity.5 
But  Plutarch's  account  of  this  very  instance,  if 
true,  shows  that  at  this  time  such  savage  rites  were 
looked  upon  witli  horror. 

The  worship  of  Dionysus,  whom  the  Romans 
called  Bacchus,  or,  rather,  the  Bacchic  mysteries 
and  orgies  {Bacchanalia),  are  said  to  have  been  in- 
troduced from  southern  Italy  into  Etruria,  and  from 
thence  to  Rome,6  where  for  a  time  they  were  car- 
ried on  in  secret,  and,  during  the  latter  part  of  their 
existence,  at  night.  The  initiated,  according  to 
Livy,  did  not  only  indulge  in  feasting  and  drinking 
at  their  meetings,  but,  when  their  minds  were  heat- 
ed with  wine,  they  indulged  in  the  coarsest  excess- 
es and  the  most  unnatural  vices.  Young  girls  and 
youths  were  seduced,  and  all  modesty  was  set 
aside  ;  every  kind  of  vice  found  here  its  full  satis- 
faction. But  the  crimes  did  not  remain  confined  to 
these  meetings  :  their  consequences  were  manifest 
in  all  directions  ;  for  false  witnesses,  forgeries,  false 
wills,  and  denunciations  proceeded  from  this  focus 
of  crime.  Poison  and  assassination  were  cariied 
on  under  the  cover  of  this  society  ;  and  the  voices 
of  those  who  had  been  fraudulently  drawn  into 
these  orgies,  and  would  cry  out  against  the  shame- 
less practices,  were  drowned  by  the  shouts  of  the 
Bacchantes,  and  the  deafening  sounds  of  drums  and 
cymbals. 

The  time  of  initiation  lasted  ten  days,  during 

1.  (Isocr.,  Areop.,  p.  203,  ed.  Bekker. — Xen.,  Hicro,  i.,  11.— 
Compare  Becker,  Charikles,  ii.,  p.  237,  seqq.)— 2.  (Philip.,  i.,  p. 
50.)— 3.  (Athen.,  iv.,  p.  156.— Plato,  De  Leg.,  i.,  p.  637.)— 4. 
(Muller,  Dorians,  ii.,  10,  t>  6.— Bottiger,  Ideen  z.  Archa:ol.  del 
Malerei,  p.  289,  seqq.)— 5.  (Plut.,  Themist.,  13.— Pelop.,  21.- 
Compare  Thirlwall,  Hist,  of  Greece,  ii.,  p  310.)  — 6.  (Liv., 
xxxix.  8  j 

365 


DIDiXYSIA. 


L/JL 


ONYSIA. 


wmch  a  person  was  obliged  to  abstain  from  all  sex- 
ual intercourse ;  on  the  tenth  he  took  a  solemn 
meal,  underwent  a  purification  by  water,  and  was 
led  into  the  sanctuary  {Bacchanal).  At  first  only 
women  were  initiated,  and  the  orgies  were  celebra- 
ted every  year  during  three  days.  Matrons  alter- 
nately performed  the  functions  of  priests.  But  Pac- 
ula  Annia,  a  Campanian  matron,  pretending  to  act 
under  the  direct  influence  of  Bacchus,  changed  the 
whole  method  of  celebration :  she  admitted  men  to 
the  initiation,  and  transferred  the  solemnization, 
which  had  hitherto  taken  place  during  the  daytime, 
to  the  night.  Instead  of  three  days  in  the  year,  she 
ordered  that  the  Bacchanalia  should  be  held  during 
five  days  in  every  month.  It  was  from  the  time 
that  these  orgies  were  carried  on  after  this  new 
plan  that,  according  to  the  statement  of  an  eye- 
witness,1 licentiousness  and  crimes  of  every  de- 
scription were  committed.  Men  as  well  as  women 
indulged  in  the  most  unnatural  appetites,  and  those 
who  attempted  to  stop  or  to  oppose  such  odious 
proceedings  fell  as  victims.  It  was,  as  Livy  says, 
a  principle  of  the  society  to  hold  every  ordinance  of 
God  and  nature  in  contempt.  Men,  as  if  seized  by 
fits  of  madness,  and  under  great  convulsions,  gave 
oracles  :  and  the  matrons,  dressed  as  Bacchae,  with 
dishevelled  hair  and  burning  torches  in  their  hands, 
ran  down  to  the  Tiber  and  plunged  their  torches 
into  the  water;  the  torches,  however,  containing 
sulphur  and  chalk,  were  not  extinguished.  Men 
who  refused  to  take  part  in  the  crimes  of  these  or- 
gies were  frequently  thrown  into  dark  caverns  and 
despatched,  while  the  perpetrators  declared  that 
they  had  been  carried  oft  by  the  gods.  Among  the 
number  of  the  members  of  these  mysteries  were, 
at  the  time  when  they  were  suppressed,  persons  of 
all  classes  ;  and  during  the  last  two  years,  nobody 
had  been  initiated  who  was  above  the  age  of  twen- 
ty years,  as  this  age  was  thought  most  fit  for  seduc- 
tion and  sensual  pleasure. 

In  the  year  B.C.  186,  the  consuls  Spurius  Postu- 
nius  Albinus  and  Q.  Marcius  Philippus  were  in- 
formed of  the  existence  of  these  meetings,  and,  af- 
ter having  ascertained  the  facts  mentioned  above, 
they  made  a  report  to  the  senate. a  The  senate, 
alarmed  by  this  singular  discovery,  and  although 
dreading  lest  members  of  their  own  families  might 
be  involved,  invested  the  consuls  with  extraordina- 
ry power,  to  inquire  into  the  nature  of  these  noc- 
turnal meetings,  to  exert  all  their  energy  to  secure 
the  priests  and  priestesses,  to  issue  a  proclamation 
throughout  Rome  and  Italy,  forbidding  any  one  to 
be  initiated  in  the  Bacchic  mysteries,  or  to  meet 
for  the  purpose  of  celebrating  them ;  but,  above  all 
things,  to  submit  those  individuals  who  had  already 
been  secured  to  a  rigid  trial.  The  consuls,  after 
having  given  to  the  subordinate  magistrates  all  the 
necessary  instructions,  held  an  assembly  of  the  peo- 
ple, in  which  the  facts  just  discovered  were  ex- 
plained to  the  public,  in  order  that  the  objects  of  the 
proceedings  which  were  to  take  place  might  be 
known  to  every  citizen.  A  reward  was  at  the  same 
time  offered  to  any  one  who  might  be  able  to  give 
farther  information,  or  to  name  any  one  that  be- 
longed to  the  conspiracy,  as  it  was  called.  Meas- 
ures were  also  taken  to  prevent  any  one  from  leav- 
ing Italy.  During  the  night  following,  a  number  of 
persons  were  apprehended ;  many  of  them  put  an 
end  to  their  own  lives.  The  whole  number  of  the 
initiated  was  said  to  be  7000.  The  trial  of  all 
those  who  were  apprehended  lasted  thirty  days. 
Rome  was  almost  deserted,  for  the  innocent  as 
well  as  the  guilty  had  reason  to  fear.  The  punish- 
ment inflicted  on  those  who  wTere  convicted  varied 
according  to  the  degree  of  their  guilt ;  some  were 

1.  (Liv.,  xxxix.,  13.)— 2    (Liv.,  xxxix.,  14.) 
366 


thrown  into  prison,  others  were  pu  to  death.  The 
women  were  surrendered  to  their  parents  ot  hus- 
bands, that  they  might  receive  their  punishment  in 
private.  The  consuls  then  were  ordered-  by  \ue 
senate  to  destroy  all  Bacchanalia  throughout  Rome 
and  Italy,  with  the  exception  of  such  altars  or  stat- 
ues of  the  god  as  had  existed  there  from  ancient 
times.  In  order  to  prevent  a  restoration  of  the  Bac- 
chic orgies,  the  celebrated  decree  of  the  senate  (Se- 
natus  auctoritas  de  Bacchanalibus)  was  issued,  com- 
manding that  no  Bacchanalia  should  be  held  either 
in  Rome  or  Italy ;  that  if  any  one  should  think  such 
ceremonies  necessary,  or  if  he  could  not  neglect 
them  without  scruples  or  making  atonements,  he 
should  apply  to  the  praetor  urbanus,  who  might  then 
consult  the.  senate.  If  the  permission  should  be 
granted  to  him  in  an  assembly  of  the  senate,  con- 
sisting of  not  less  than  one  hundred  members,  he 
might  solemnize  the  Bacchic  sacra ;  but  no  more 
than  five  persons  were  to  be  present  at  the  celebra- 
tion ;  there  should  be  no  common  fund,  and  no 
master  of  the  sacra  or  priest.1  This  decree  is  also 
mentioned  by  Cicero.2  A  brazen  table  containing 
this  important  document  was  discovered  near  Bari, 
in  southern  Italy,  in  the  year  1640,  and  is  at  present 
in  the  imperial  Museum  of  Vienna.  A  copy  of  it  is 
given  in  Drakenborch's  edition  of  Livy.3 

We  have,  in  our  account  of  the  Roman  Baccha- 
nalia, closely  followed  the  description  given  by  Livy, 
which  may,  indeed,  be  somewhat  exaggerated ;  but, 
considering  the  difference  of  character  between  the 
Greeks  and  Romans,  it  cannot  be  surprising  that  a 
festival  like  the  Dionysia,  when  once  introduced 
among  the  Romans,  should  have  immediately  de- 
generated into  the  grossest  and  coarsest  excesses. 
Similar  consequences  were  seen  immediately  aftei 
the  time  when  the  Romans  were  made  acquainted 
with  the  elegance  and  the  luxuries  of  Greek  life ;  for, 
like  barbarians,  they  knew  not  where  to  stop,  and 
became  brutal  in  their  enjoyments.  But  whether  the 
account  of  Livy  be  exaggerated  or  not,  thus  much 
is  certain,  that  the  Romans,  ever  since  the  time  of 
the  suppression  of  the  Bacchanalia,  considered  these 
orgies  as  in  the  highest  degree  immoral  and  licen- 
tious, as  we  see  from  the  manner  in  which  they  ap- 
plied the  words  derived  from  Bacchus,  e.  g.,  bacchor, 
bacchans,  bacchatio,  bacchicus,  and  others.  But  the 
most  surprising  circumstance  in  the  account  of 
Livy  is,  that  the  Bacchanalia  should  have  been  cel- 
ebrated for  several  years  in  the  boisterous  manner 
described  above,  and  by  thousands  of  persons,  with- 
out any  of  the  magistrates  appearing  to  have  been 
aware  of  it. 

While  the  Bacchanalia  were  thus  suppressed,  an- 
other more  simple  and  innocent  festival  of  Bacchus, 
the  Liberalia  (from  Liber  or  Liber  Pater,  a  name  of 
Bacchus),  continued  to  be  celebrated  at  Rome  every 
year  on  the  16th  of  March.*  A  description  of  the 
ceremonies  customary  at  this  festival  is  given  by 
Ovid,5  with  which  may  be  compared  Varro.6  Priests 
and  aged  priestesses,  adorned  with  garlands  of  ivy, 
carried  through  the  city  wine,  honey,  cakes,  and 
sweetmeats,  together  with  an  altar  with  a  handle 
(ansata  ara),  in  the  middle  of  which  there  was  a 
small  firepan  (foculus),  in  which,  from  time  to  time, 
sacrifices  were  burned.  On  this  day  Roman  youths 
who  had  attained  their  sixteenth  year  received  the 
toga  virilis.7  That  the  Liberalia  were  celebrate"! 
with  various  amusements  and  great  merriment, 
might  be  inferred  from  the  general  character  of  Di- 
onysiac  festivals ;  but  we  may  also  see  it  from  the 
name  Ludi  Liberates,  which  is  sometimes  used  in- 
stead of  Liberalia;   and  Neevius8  expressly  says 

1.  (Liv.,  xxxix.,  18.)— 2.  (De  Le?.,  ii.,  15.)— 3.  (torn,  vii.,  p. 
197,  seqq.)— 4.  (Ovid,  Fast.,  iii.,  713.)— 5.  (1.  c.)— 6.  (Dc  Ling. 
Lat.,  v.  55,  ed  Bipont.)— 7.  (Cic.  ad  Att.,  '  i.,  1.)— 8.  rap  Fesf.) 


DIPLOMA. 


DISCUS. 


that  persons  expressed  themselves  very  freely  at 
the  Liberalia.  St.  Augustine1  even  speaks  of  a  high 
degree  of  licentiousness  carried  on  at  this  festival. 

*DIOS  ANTHOS  (Aide  uvdoc),  a  plant.  Sprengel 
conjectures  that  it  was  the  Agrostemma  Flos  Jovis ; 
but  Stackhouse  hesitates  between  the  Agrostemma 
and  the  Dm?ithus  Caryophyllus,  or  Carnation.2 

DIOSCU'RIA  (AiooKovpia),  festivals  celebrated  in 
various  parts  of  Greece  in  honour  of  the  Dioscuri. 
The  Spartan  Dioscuria  mentioned  by  Pausanias3 
and  Spanheim,*  were  celebrated  with  sacrifices,  re- 
joicings, and  drinking.  At  Gyrene  the  Dioscuri  were 
likewise  honoured  with  a  great  festival.5  The  Athe- 
nian festival  of  the  Dioscuri  has  been  described  un- 
der Anaceia.  Their  worship  was  very  generally 
adopted  in  Greece,  especially  in  the  Doric  and 
Achaean  states,  as  we  conclude  from  the  great  num- 
ber of  temples  dedicated  to  them;  but  scarcely  any- 
thing is  known  respecting  the  manner  in  which  their 
festivals  were  celebrated. 

*DIOS'PYRUS  (AwoKvpoc),  according  to  Stack- 
house,  the  Diospyrus  Lottis ;  but  Schneider  doubts 
whether  the  fruit  of  the  latter  agrees  in  character 
with  the  description  of  the  dioonvpoc  as  given  by 
Theophrastus.6 

DIO'TA  was  a  vessel  containing  two  ears  (jura) 
or  handles,  used  for  holding  wine.  It  appears  to 
have  been  much  the  same  as  the  amphora.7  (Vid. 
Amphora.) 

♦DIPHR'YGES  (difpvyec),  "  evidently,"  accord- 
ing to  Adams,  "  a  metallic  compound  of  copper. 
Sprengel  says  it  consisted  principally  of  burned  cop- 
per, with  a  certain  admixture  of  iron.  Dr.  Milligan 
calls  it  an  oxide  of  copper.  Matthiolus  gives  it  the 
name  of  Marc  de  bronze,  i.  e.,  Husk  of  bronze."8 

♦DIPS'ACUS  (dixpaKoc),  the  Dipsacus  Fullonum, 
Fuller's  Thistle,  or  manured  Teasel.  Stephens  calls 
it  Chardon  de  Bonnetier.  The  leaves  are  concave, 
and  so  placed  as  to  contain  water.9 

*DIPSAS  (diipdc),  the  name  of  a  venomous  ser- 
pent, whose  bite  causes  insatiable  thirst,  whence  the 
name,  from  diipau,  "to  thirst."  Sprengel  marks  it 
as  the  Coluber  prester,  or  black  viper.  According 
to  Adams,  it  is  sometimes  found  in  England.  A 
splendid  description  of  the  effects  of  its  sting  is  giv- 
en by  Lucan.  For  farther  information,  the  student 
is  referred  by  Adams  to  Nicander,  Dioscorides,  Ae- 
tius,  and  the  other  writers  on  toxicology,  as  also  to 
Lucian's  treatise  on  the  Dipsades.10 

DIPHTH'ERA  ydrfdepa)  was  a  kind  of  cloak  made 
of  the  skins  of  animals,  and  worn  by  herdsmen  and 
country  people  in  general.  It  is  frequently  men- 
tioned by  Greek  writers.11  Pollux13  says  that  it  had 
a  covering  for  the  head  (knwpavov),  in  which  re opect 
it  would  correspond  to  the  Roman  cucullus.  (Vid. 
Cccullus.)13 

DIPHROS  (6i$poe).     ( Vid.  Currus,  p.  333.) 

DIPL'OIS  (dnrTiotc.)    (Vid.  Pallium.) 

DIPLO'MA  was  a  writ  or  public  document,  which 
conferred  upon  a  person  any  right  or  privdege.  Du- 
ring the  Republic  it  was  granted  by  the  consuls  and 
senate  ;  and  under  the  Empire,  by  the  emperor  and 
the  magistrates  whom  he  authorized  to  do  so.1* 
The  diploma  was  sealed  by  the  emperor  ;15  it  con- 
sisted of  two  leaves,  whence  it  derived  its  name. 

1.  (De  Civ.  Dei,  vii.,  21.)— 2.  (Theophrast.,  vi.,  1  ;  vi.,  6.— 
Adams,  Append.,  a.  v.) — 3.  (iv.,  27,  $  1,  compared  with  iii.,  16, 
t>  3  )— 4.  (ad  Callim.,  Hymn,  in  Pall.,  24.)— 5.  (Schol.  ad  Pind., 
Pyth.,  v.,  629.)— 6.  (Theophrast.,  H.  P.,  iii.,  13. —  Adams,  Ap- 
pend., s.  v.)— 7.  (Hor.,  Carm.,  I.,  ix.,  9.)  —  8.  (Dioscor.,  v.,  119. 
—Paul.  JEgin.,  vii.,  3.  —  Adams,  Append.,  s.  v.)  — 9.  (Dioscor., 
iii.,  11. — Adams,  Append.,  s.  v.)  — 10.  (^Elian,  N.  A.,  vi.,  51.— 
Lucan,  ix.,  610. — Adams,  Append.,  s.  v.) — 11.  (Aristoph.,  Nub., 
72.— Schol.  ad  loc.— Vesp.,  444.— Plato,  Crit.,  p.  53.  —  Lucian, 
Tun.,  c.  12.)  —  12.  (Onom.,  vii.,  70.)  — 13.  (Becker,  Charikles, 
ii..  |>.  359.)— 14.  (Cic.  ad  Fam.,  vi.,  12  ;  ad  Att.,  x.  17  ;  c.  Pis., 
37.— Sen.,  Ben.,  vii.,  10.— Suet.,  Cal  ,  38  ;  Ner.,  12  ;  Oth.,  7.— 
Dif.  48.  *;t.  10.  s.  27.)— 15.  (Suet..  Octav..  50.) 


These  writs  were  especially  given  to  public  3oer» 
iers,  or  to  those  who  wished  to  proem  e  the  u>e  of 
the  public  horses  or  carriages.1  The  tabellarii  of 
the  emperor  would  naturally  always  have  a  diplo- 
ma ;  whence  we  read  in  an  inscription8  of  a  diploma 
rius  tabellarius. 

AII7PS2POI  NHE2  (di-popoi  vrjeg).  (Vtd.  AM$t 
nPTMNOI  NHE2.) 

DIP'TYCHA  (diirrvxa)  were  two  tvriting  tablets 
which  could  be  folded  together.  Herodotus3  speak* 
of  a  dihriov  6'mrvxov  made  of  wood,  and  coveied 
over  with  wax.*  The  diptycha  were  mace  of  dif- 
ferent materials,  commonly  of  wood,  but  sometimes 
of  ivory. 

Under  the  Empire,  it  was  the  custom  of  the  con- 
suls and  other  magistrates  to  distribute  among  their 
friends  and  the  people,  on  the  day  on  which  they 
entered  on  their  office,  tablets,  called  respectively 
diptycha  consularia,  prcetoria,  adilitia,  &c,  which 
were  inscribed  with  their  names,  and  contained 
their  portraits.  Several  of  these  diptycha  are  given 
by  Montfaucon.6 

DIRECTA  ACTIO.     (Vid.  Actio,  p.  17.) 

DIRIBITO'RES  are  said  by  most  modern  writers 
to  have  been  the  persons  who  gave  to  the  citizens 
the  tabclla  with  which  they  voted  in  the  comitia  (vid. 
Comitia,  p.  297) ;  but  Wunder  has  most  distinctly 
proved,  in  the  preface  to  his  Codex  Erfutensis,1  that 
it  was  the  office  of  the  diribitores  to  divide  the 
votes  when  taken  out  of  the  cistce,  so  as  to  determine 
which  had  the  majority.  He  remarks  that  the  ety- 
mology of  diribere  would  lead  us  to  assign  to  it  the 
meaning  of  "  separation"  or  "  division,"  as  it  is 
compounded  of  dis  and  habere,  in  the  same  manner 
as  dirimere  is  of  dis  and  emere  ;  the  h  disappears  as 
in  prczbere  and  debere,  which  come  respectively  from 
pro,  and  habere,  and  de  and  habere.  In  several  patv- 
sages  the  word  cannot  have  any  other  signification 
than  that  given  by  Wunder.8 

When  Cicero  says,9  "  vos  rogatores,  vos  diribi- 
tores, vos  custodes  tabellarum"  we  may  presume 
that  he  mentions  these  officers  in  the  order  in  which 
they  discharged  their  duties  in  the  comitia.  It  was 
the  office  of  the  rogatores  to  collect  the  tabellae  which 
each  century  gave,  as  they  used,  before  the  ballot 
was  introduced,  to  ask  (rogare)  each  century  for  its 
votes,  and  report  them  to  the  magistrate  who  pre- 
sided over  the  comitia.  The  diribitores,  as  has 
been  already  remarked,  divided  the  votes  when  ta- 
ken out  of  the  cisics,  and  handed  them  over  to  tho 
custodes,  who  checked  them  off  by  points  marked  on 
a  tablet. 

Many  writers  have  confounded  the  cista  with  the 
sitella  or  urna,  into  which  the  sortes  or  mere  lots 
were  cast ,  the  true  difference  between  these  words 
is  explained  under  Sitella. 

DISCUS  (dicnoc),  a  circular  plate  of  stone  (Xidt 
voi  diuKoi10)  or  metal  (splendida  ponder a  disci11),  made 
for  throwing  to  a  distance  as  an  exercise  of  strength 
and  dexterity.  This  was,  indeed,  one  of  the  princi- 
pal gymnastic  exercises  of  the  ancients,  being  inclu- 
ded in  the  HtvradXov.  It  was  practised  in  the  he- 
roic age  ;13  the  fable  of  Hyacinthus,  who  was  killed 
by  Apollo  as  they  were  playing  together  at  this 
game,13  also  proves  its  very  high  antiquity. 

The  discus  was  ten  or  twelve  inches  in  diameter, 
so  as  to  reach  above  the  middle  of  the  forearm  when 
held  in  the  right  hand.     The  object  was  to  throw  it 

1.  (Plin.,  Ep.,  x.,  14,  121.— Compare  x.,  54,  55.)  —  2.  (Orelli, 
No.  2917.)— 3.  (vii.,  239.)— 4.  (Compare  Pollux,  iv.,  18.)— 5 
(Codex  Theod.,  15,  tit.  9,  s.  1.)  — 6.  (Antiq.  Expl.,  Suppl.,  vol 
iii.,  p.  220,  &c.)— 7.  (p.  cxxvi.-clviii.)-8.  (Cic,  Pro  Plane,  20; 
ad  Qu.  Frat.,  iii.,  4,  t)  1.—  Varro,  De  Re  Rust.,  iii.,  2,  $  1  ;  iii-, 
5,  $16.)— 9.  (in  Pis.,  15.)— 10.  (Pind  ,Isth.,i.,34.)— 11.  (Mart.., 
xiv.,  164.)  — 12.  (Horn.,  II.,  ii.,  774.  —  Od.,  vi.,  626  ;  vm.,  129, 
186-188;  xvii.,  168.  — Eunp.,  Iph.  in  Aul.,  200.)— 13.  (Ovid. 

Met.,  x.,  1^7-219.) 

9A7 


DISCUS 


DIVINATIO 


from  a  fixed  spot  to  the  greatest  distance  ;  and  m 
doing  this,  each  player  had  a  friend  to  mark  the  point 
at  which  the  discus,  when  thrown  by  him,  struck 
the  ground,  as  is  done  by  Minerva  on  behalf  of 
Ulysses  when  he  contends  with  the  Phasacians  ;* 
Hxa  signatur  terra  sagittal  The  distance  to  which 
it  was  commonly  thrown  became  a  measure  of 
length,  called  to.  diGnovpa.3 

The  space  on  which  the  discobolus,  or  thrower 
of  the  discus,  stood,  was  called  (3a?i6ic,  and  was  in- 
dicated by  being  a  little  higher  than  the  ground  sur- 
rounding it.  As  each  man  took  his  station,  with 
his  body  entirely  naked,  on  the  j3al6ic,  he  placed  his 
right  foot  forward,  bending  his  knee,  and  resting 
principally  on  this  foot.  The  discus  being  held, 
ready  to  be  thrown,  in  his  right  hand,  he  stooped, 
turning  his  body  towards  it,  and  his  left  hand  was 
naturally  turned  in  the  same  direction.4  This  atti- 
tude was  represented  by  the  sculptor  Myron  in  one 
of  his  works,  and  is  adduced  by  Quintilian5  to  show 
how  much  greater  skill  is  displayed  by  the  artist, 
and  how  much  more  powerful  an  effect  is  produced 
on  the  spectator,  when  a  person  is  represented  in 
action,  than  when  he  is  at  rest  or  standing  erect. 
We  fortunately  possess  several  copies,  more  or  less 
entire,  of  this  celebrated  statue ;  and  one  of  the  best 
of  them  is  in  the  British  Museum  (see  the  annexed 
woodcut).  It  represents  the  player  just  ready  to 
swing  round  his  outstretched  arm,  so  as  to  describe 
with  it  a  semicircle  in  the  air,  and  thus,  with  his 
collected,  i'brce,  to  project  the  discus  at  an  angle  of 
forty-fives  degrees,  at  the  same  time  springing  for- 
ward to  as  to  give  it  the  impetus  of  his  whole  body. 
D'isoum  "  vasto  contorquet  turbine,  et  ipse  prosequi- 
tur.'"* 


By  metaphor,  the  term  discus  was  applied  to  a 
mirror7  (vid.  Speculum)  ;  to  the  orb  of  the  sun  as 
seen  by  us  ;  and  to  a  flat  round  plate  used  to  hold 
meat,  whence  the  English  dish. 

Sometimes  a  heavy  mass  of  a  spherical  form  (06- 
loc)  was  used  instead  of  a  discus,  as  when  the 
Greeks  at  the  funeral  games  contended  for  a  lump 
of  iron,  which  was  to  be  given  to  him  who  could 
throw  it  farthest.8  The  coloc  was  perforated  in  the 
centre,  so  that  a  rope  or  thong  might  be  passed 
through,  and  used  in  throwing  it.9  In  this  form  the 
discobolia  is  still  practised  by  the  mountaineers  of 
the  canton  of  Appenzell,  in  Switzerland.  They 
t&ieet  twice  a  year  to  throw  round  stones  of  great 
weight  and  size.     This  they  do  by  a  sudden  leap 

1.  (Od.,  viii.,  186-200.)— 2.  (Stat,.,  Theb.,  vi.,  703.)  — 3.  (II., 
jrxiii.,  431,  523.)-  -4.  (Philostr.  Sen.,  Imag.,  i.,  24.— Welcker,  ad 
foe.)— 5.  (Inst.  Or.,  ii.,  13, 1)  10.)— 6.  (Statius,l.  c.)— 7.  (Brunck., 
Axil.,  ii.,  p.  494^—8. .  (II.,  xxiii.,  826-846.)— 9.  (Eratosth.,  Bern- 
hardy,  p.  251.) 
368 


and  forcible  swinging  of  the  whole  body.  The  same 
stone  is  taken  by  all,  as  in  the  case  of  the  ancient 
discus  and  aohoc :  he  who  sends  it  to  the  greatest 
distance  receives  a  public  prize.  The  stone  is  lifted 
as  high  as  the  right  shoulder  (see  woodcut ;  kotu- 
/Liadtoio1)  before  being  projected.2 

DISPENSA'TOR.  (Vid.  Calculator.) 
DITHYRA'MBUS.  {Vid.  Chorus,  p.  247.) 
DIVERSO'RIUM.  (Vid.  Caupona.) 
DIVINA'TIO  is,  according  to  Cicero,3  a  presen- 
sion  and  a  knowledge  of  future  things  ;  or,  accord- 
ing to  Chrysippus,4  a  power  in  man  which  foresees 
and  explains  those  signs  which  the  gods  throw  in 
his  way,  and  the  diviner  must  therefore  know  the 
disposition  of  the  gods  towards  men,  the  import  oi 
their  signs,  and  by  what  means  these  signs  are  to 
be  obtained.  According  to  this  latter  definition,  the 
meaning  of  the  Latin  word  divinatio  is  narrower 
than  that  of  the  Greek  /mivtikt/,  inasmuch  as  the 
latter  signifies  any  means  by  which  the  decrees  of 
the  gods  can  be  discovered,  the  natural  as  well  as 
the  artificial ;  that  is  to  say,  the  seers  and  the  ora- 
cles, where  the  will  of  the  gods  is  revealed  by  inspi 
ration,  as  well  as  the  divinatio  in  the  sense  of  Chry- 
sippus. In  the  one,  man  is  the  passive  agent 
through  which  the  deity  reveals  the  future  ;  while 
in  the  other,  man  discovers  it  by  his  own  skill  or 
experience,  without  any  pretension  to  inspiration. 
As,  however,  the  seer  or  vates  was  also  frequently 
called  divinus,  we  shall  treat,  under  this  head,  of 
seers  as  well  as  of  other  kinds  of  divinatio.  The 
subject  of  oracles  is  discussed  in  a  separate  article. 
(Vid.  Oraculum.) 

The  belief  that  the  decrees  of  the  divine  will 
were  occasionally  revealed  by  the  deity  himself,  or 
could  be  discovered  by  certain  individuals,  is  one 
which  the  classical  nations  of  antiquity  had,  in  com- 
mon with  many  other  nations,  before  the  attainment 
of  a  certain  degree  of  intellectual  cultivation.  In 
early  ages  such  a  belief  was  natural,  and  perhaps 
founded  on  the  feeling  of  a  very  close  connexion 
between  man,  God,  and  nature.  But  in  the  course 
of  time,  when  men  became  more  acquainted  with 
the  laws  of  nature,  this  belief  was  abandoned,  at 
least  by  the  more  enlightened  minds,  while  the  mul- 
titudes still  continued  to  adhere  to  it ;  and  the  gov- 
ernments, seeing  the  advantages  to  be  derived  from 
it,  not  only  countenanced,  but  encouraged  and  sup- 
ported it. 

The  seers  or  (j.6.vteic,  who,  under  the  direct  influ- 
ence of  the  gods,  chiefly  that  of  Apollo,  announced 
the  future,  seem  originally  to  have  been  connected 
with  certain  places  where  oracles  were  given  ;  but 
in  subsequent  times  they  formed  a  distinct  class  of 
persons,  independent  of  any  locality ;  one  of  them 
is  Calchas  in  the  Homeric  poems.  Apollo,  the  god 
of  prophecy,  was  generally  the  source  from  which 
the  seers,  as  well  as  other  diviners,  derived  their 
knowledge.  In  many  families  of  seers  the  inspired 
knowledge  of  the  future  was  considered  to  be  he- 
reditary, and  to  be  transmitted  from  father  to  son 
To  these  families  belonged  the  Iamids,5  who  from 
Olympia  spread  over  a  considerable  part  of  Greece ; 
the  Branchidse,  near  Miletus  ;6  the  Eumolpids,  at 
Athens  and  Eleusis  ;  the  Clytiads,7  the  Telliads,* 
the  Acarnanian  seers,  and  others.  Some  of  these 
families  retained  their  celebrity  till  a  very  late  pe- 
riod of  Grecian  history.  The  manteis  made  their 
revelations  either  when  requested  to  do  so  on  im- 
portant emergencies,  or  they  made  them  sponta- 
neously whenever  they  thought  it  necessary,  eithei 

1.  (II.,  xxiii.,  431.)— 2  (Ebel,  Schilderung  der  Gebirgsvolkei 
der  Schweitz,  i.,  p.  174.)  -3.  (De  Divin.,  i.,  1.)  — 4.  (Cic,  D* 
Divin.,  ii.,  63.)  — 5.  (Paus,  in.,  11,  $  5.  &c.  —  Btfckh  ad  Pind.. 
OL,  vi.,  p.  152.)— 6.  (Conon.,  33.)  -7.  (Paus.,  vi.,  17,  «  4  )— 8 
(Herod.,  viii.,  27.— Paus.,  x.,  1,  $  4,  &c— Herod.,  ix.,  37.) 


klV'lNATlO 


DIVINATIU. 


to  prevenl  some  calamity  or  to  stimulate  their  coun- 
trymen to  something  beneficial.  The  civil  govern- 
ment of  Athens  not  only  tolerated,  but  protected 
and  honoured  them ;  and  Cicero1  says,  that  the  man- 
teis  were  present  in  all  the  public  assemblies  of  the 
Athenians.2  Along  with  the  seers  we  may  also 
mention  the  Bacides  and  the  Sibyllae.  Both  existed 
from  a  very  remote  time,  and  were  distinct  from 
the  manteis  so  far  as  they  pretended  to  derive  their 
knowledge  of  the  future  from  sacred  books  (xpncrpol) 
which  they  consulted,  and  which  were  in  some  pla- 
ces, as  at  Athens  and  Rome,  kept  by  the  govern- 
ment or  some  especial  officers,  in  the  acropolis  and 
in  the  most  revered  sanctuary.  Bacis  was,  accord- 
ing to  Pausanias,3  in  Bceotia,  a  general  name  for  a 
man  inspired  by  nymphs.  The  scholiast  on  Aris- 
tophanes* and  ^Elian5  mention  three  original  Baci- 
des, one  of  Eleon  in  Boeotia,  a  second  of  Athens, 
and  a  third  of  Caphys  in  Arcadia.6  From  these 
three  Bacides  all  others  were  said  to  be  descended, 
and  to  have  derived  their  name.  Antichares,7  Mu- 
saeus,8  Euclous  of  Cyprus,9  and  Lycus,  son  of  Pan- 
dion,10  probably  belonged  to  the  Bacides.  The  Sib- 
yllae were  prophetic  women,  probably  of  Asiatic  or- 
igin, whose  peculiar  custom  seems  to  have  been  to 
wander  with  their  sacred  books  from  place  to  place.11 
iElian12  states  that,  according  to  some  authors, 
there  were  four  Sibyllae,  the  Erythraean,  the  Sa- 
mian,  the  Egyptian,  and  the  Sardinian  ;  but  that 
others  added  six  more,  among  whom  there  was  one 
called  the  Cumaean,  and  another  called  the  Jewish 
Sibylla.  Compare  Suidas,13  and  Pausanias,14  who 
has  devoted  a  whole  chapter  to  the  Sibyllae,  in 
which,  however,  he  does  not  clearly  distinguish  be- 
tween the  Sibyllae  properly  so  called,  and  other  wom- 
en who  travelled  about  and  made  the  prophetic  art 
their  profession,  and  who  seem  to  have  been  very 
numerous  in  all  parts  of  the  ancient  world.15  The 
Sibylla  whose  books  gained  so  great  an  importance 
at  Rome  was,  according  to  Varro,16  the  Erythraean: 
the  becks  which  she  was  said  to  have  sold  to  one 
of  the  Tarquins  were  carefully  concealed  from  the 
public,  and  only  accessible  to  the  duumvirs.  The 
early  existence  of  the  Sibyllae  is  not  as  certain  as 
that  of  the  Bacides  ;  but  in  some  legends  of  a  late 
date  they  occur  even  in  the  period  previous  to  the 
Trojan  war,  and  it  is  not  improbable  that  at  an 
early  period  every  town  in  Greece  had  its  prophe- 
cies by  some  Bacis  or  Sibylla.17  They  seem  to 
have  retained  their  celebrity  down  to  the  time  of 
Antiochus  and  Demetrius.18 

Besides  these  more  respectable  prophets  and 
prophetesses,  there  were  numbers  of  diviners  of  an 
inferior  order  (xprj^o^oyia),  who  made  it  thep- 
business  to  explain  all  sorts  of  signs,  and  to  tell 
fortunes.  They  were,  however,  more  particularly 
popular  with  the  lower  orders,  who  are  everywhere 
most  ready  to  believe  what  is  most  marvellous  and 
least  entitled  to  belief.  This  class  of  diviners, 
however,  does  not  seem  to  have  existed  Mntil  a 
comparatively  late  period,19  and  to  have  been  looked 
upon,  even  by  the  Greeks  themselves,  a?,  nuisances 
to  the  public. 

These  soothsayers  lead  us  naturally  to  the  mode 
of  divination,  of  which  such  frequent  use  was  made 
by  the  ancients  in  all  the  affairs  of  public  and  pri- 
vate life,  and  which  chiefly  consisted  in  the  inter- 

1.  (De  Divinat.,  i.,  43.) — 2.  (Compare  Aristoph.,  Pax,  1025, 
with  the  schol.  —  Nub.,  325,  &c,  and  the  schol.  —  Lycurg.,  c. 
Leocrat.,  p.  196.)— 3.  (x.,  12,  ()  6,  compared  with  iv.,  27,  (f  2.)— 
4.  (Pax,  1009.)  — 5.  (V.  II.,  xii.,  35.)  —  6.  (Compare  Aristoph., 
Equit.,  123,  998.— Aves,  963.— Clem.  Alex.,  Strom.,  i.,  398.)— 7. 
(Herod.,  v.,  43.)— 8.  (Herod.,  vii.,  6.)— 9.  (Paus.,  x.,  12,  t>  6.)— 
10.  (Paus.,  I.e.)  — 11.  (Liv.,  i.,  7.)  —  12.  (V.  II.,  xii.,  35.)— 13. 
[s.  v  Sjfiv\>ai  >  — 14.  (x.,  12.)  — 15.  (Clem.  Alex.,  Strom.,  i., 
',Q  )  —  16  vaj.  Lactanl  ;  6.)  —  17.  (Paus.,  1.  c.)  —  18.  (See 
Niebuhr,  Hist,  ol  Rome     .  r    503,  &c.)— 19.  (Thucyd.,  ii.,  21. 

Anstopi.     *-e     SS*"      Pax  986,  1034.  &c.) 

A     A    A 


pretation  of  numberless  signs  and  phenomena.  No 
public  undertaking  of  any  consequence  was  ever 
entered  upon  by  the  Greeks  and  Romans  without 
consulting  the  will  of  the  gods,  by  observing  the 
signs  which  they  sent,  especially  those  in  the  sac- 
rifices offered  for  the  purpose,  and  by  which  they 
were  thought  to  indicate  the  success  or  the  failure 
of  the  undertaking.  For  this  kind  of  divination  no 
divine  inspiration  was  thought  necessary,  but  mere- 
ly experience  and  a  certain  knowledge  acquired  by 
routine  ;  and  although,  in  some  cases,  priests  were 
appointed  for  the  purpose  of  observing  and  explain- 
ing signs  (vid.  Augur,  Haruspex),  yet  on  any  sud- 
den emergency,  especially  in  private  affairs,  any 
one  who  met  with  something  extraordinary  might 
act  as  his  own  interpreter.  The  principal  signs  by 
which  the  gods  were  thought  to  declare  their  will, 
were  things  connected  with  the  offering  of  sacrifi- 
ces, the  flight  and  voice  of  birds,  all  kinds  of  nat- 
ural phenomena,  ordinary  as  well  as  extraordinary 
and  dreams. 

The  interpretation  of  signs  of  the  first  class  (lepo 
fcavreia  or  lepoaicoKia,  haruspicium  or  ars  haruspicina) 
was,  according  to  ^schylus,1  the  invention  of  Pro- 
metheus. It  seems  to  have  been  most  cultivated  by 
the  Etruscans,  among  whom  it  was  raised  into  a 
complete  science,  and  from  whom  it  passed  to  the 
Romans.  Sacrifices  were  either  offered  for  the 
special  purpose  of  consulting  the  gods,  or  in  the  or- 
dinary way  ;  but  in  both  cases  the  signs  were  ob- 
served, and  when  they  were  propitious,  the  sacri- 
fice was  said  KallLepeZv.  The  principal  points  that 
were  generally  observed  were,  1.  The  manner  in 
which  the  victim  approached  to  the  altar,  whether 
uttering  a  sound  or  not ;  the  former  was  consider- 
ed a  favourable  omen  in  the  sacrifice  at  the  Panio- 
nium.9  2.  The  nature  of  the  intestines  with  re- 
spect to  their  colour  and  smoothness  ;3  the  liver 
and  bile  were  of  particular  importance.  ( Vid.  C  afu  r 
Extorum.)  3.  The  nature  of  the  flame  which  con- 
sumed the  sacrifice  ;*  hence  the  words  irvpo/uavTeia, 
sfnrvpa  ofi/mra,  (fkoywna  arj/j-ara.  That  the  smoke 
rising  from  the  altar,  the  libation,  and  various  othor 
things  offered  to  the  gods,  were  likewise  considered 
as  a  means  through  which  the  will  of  the  gods  might 
be  learned,  is  clear  from  the  names  Ka7rvo/j.avTela, 
Itdavo/uavTela,  Kp-idofiavTeia,  and  others.  Especial 
care  was  also  taken,  during  a  sacrifice,  that  no  inau- 
spicious or  frivolous  words  were  uttered  by  any  of  the 
by-standers  :  hence  the  admonitions  of  the  priests, 
ev^jxelre  and  eixfnyjiia,  or  otyare,  ciuiruTe,  favete  Un- 
guis, and  others  ;  for  improper  expressions  were 
not  only  thought  to  pollute  and  profane  the  sacred 
act,  but  to  be  unlucky  omens  (dvoyrj/Liia,  n2.r)d6veg, 
^ij/xat,  <po>vai,  or  bfx^ai^). 

The  art  of  interpreting  signs  of  the  second  class 
was  called  oiuvtarcKT),  augurium  or  auspicium.  It 
Was,  like  the  former,  common  to  Greeks  and  Ro- 
mans, but  was  never  developed  into  so  complete  a 
system  by  the  former  as  by  the  latter ;  nor  did  it 
ever  attain  the  same  degree  of  importance  in  Greece 
as  it  did  at  Rome.  (Vid.  Auspicium.)  The  Greeks, 
when  observing  the  flight  of  birds,  turned  their  face 
towards  the  north,  and  then  a  bird  appearing  to  the 
right  (east),  especially  an  eagle,  a  heron,  or  a  fal- 
con, was  a  favourable  sign,6  while  birds  appearing 
to  the  left  (west)  were  considered  as  unlucky  signs.7 
Sometimes  the  mere  appearance  of  a  bird  was 
thought  sufficient :  thus  the  Athenians  always  con- 
sidered the  appearance  of  an  owl  as  a  lucky  sign  ; 
hence  the  proverb,  yAavij  Itttcltcu,  "  the  owl  is  out," 

1.  (Prom.  Vinct.,  492,  &c.)— 2  (Strab.,  viii  ,  p.  384.— Com 
pare  Paus.,  iv.,  32,  $  3.)— 3.  (JEscr..,  Rom.,  493  —Eurip.,  Elect 
833.)^.  (See  Valckenaer  ad  Eurip.,  Phoen.,  1261.)— 5.  (Pind, 
Ol.,  vi.,  112.— II.,  ii.,  41  ,—G  (Horn.,  II.,  xiv.,  274.  xxiv.,  310 
— Od.,  xv.,  524.)— 7.  (Horn,  II.,  xii.,  201,  230.— Festus,  s.  » 
Sinistra?  Aves.) 

369 


DIVINATIO. 


xtfVOKliUM. 


i.  e.,  we  have  good  luck.  Other  animals  appearing 
unexpectedly,  especially  to  travellers. on  their  road 
(evoiia  cviitola),  were  also  thought  ominous ;  and 
at  Athens  it  was  considered  a  very  unlucky  omen 
when  a  weasel  appeared  during  the  assembly  of  the 
people.1  Superstitions  of  this  kind  are  still  met 
with  in  several  European  countries.  Various  other 
means  were  used  to  ascertain  the  will  of  the  gods, 
such  as  the  oidnpofiavreia,  or  divination  by  placing 
straws  on  red-hot  iron ;  the  fioXvd/javTeia,  by  ob- 
serving the  figures  which  melted  lead  formed ;  the 
^oravofiavTsia,  or  divination  by  writing  one's  own 
name  on  herbs  and  leaves,  which  were  then  ex- 
posed to  the  wind,  &c. 

Of  greater  importance  than  the  appearance  of  an- 
imals, at  least  to  the  Greeks,  were  the  phenomena 
in  the  heavens,  particularly  during  any  public  trans- 
action. They  were  not  only  observed  and  interpret- 
ed by  private  individuals  in  their  own  affairs,  but 
by  the  public  magistrates.  The  Spartan  ephors,  as 
we  learn  from  Plutarch,5  made  regular  observations 
in  the  heavens  every  ninth  year  during  the  night ; 
and  the  family  of  the  Pythaistae,  of  Athens,  made 
similar  observations  every  year  before  the  theoris 
set  sail  for  Delos.3  Among  the  unlucky  phenomena 
in  the  heavens  {dLoarifxela,  signa  or  portenta)  were 
thunder  and  lightning,*  an  eclipse  of  the  sun  or 
moon,5  earthquakes,6  rain  of  blood,  stones,  milk, 
&c.7  Any  one  of  these  signs  was  sufficient  at  Ath- 
ens to  break  up  the  assembly  of  the  people.8  In 
common  life,  things  apparently  of  no  importance, 
when  occurring  at  a  critical  moment,  were  thought 
by  the  ancients  to  be  signs  sent  by  the  gods,  from 
which  conclusions  might  be  drawn  respecting  the 
future.  Among  these  common  occurrences  we  may 
mention  sneezing,9  twinkling  of  the  eyes,10  tinkling 
of  the  ears,  and  numberless  other  things  which  we 
cannot  here  enumerate.  Some  of  them  have  re- 
tained their  significance  with  the  superstitious  mul- 
titude down  to  the  present  day. 

The  art  of  interpreting  dreams  (bveiponoTiia),  which 
had  probably  been  introduced  into  Europe  from  Asia, 
where  it  is  still  a  universal  practice,  seems  in  the 
Homeric  age  to  have  been  held  in  high  esteem ;  for 
dreams  were  said  to  be  sent  by  Zeus.11  In  subse- 
quent times,  that  class  of  diviners  who  occupied 
themselves  with  the  interpretation  of  dreams  seems 
to  have  been  very  numerous  and  popular  ;  but  they 
never  enjoyed  any  protection  from  the  state,  and 
were  chiefly  resorted  to  by  private  individuals. 
Some  persons  are  said  to  have  gained  their  liveli- 
hood by  this  profession.12  Respecting  the  oracles 
which  were  obtained  by  passing  a  night  and  dream- 
ing in  a  temple,  see  Oraculum. 

For  farther  information  concerning  the  art  of 
divination  in  general,  see  Cicero's  work  De  Divi- 
natione.  The  (iavTiicn  of  the  Greeks  is  treated  of  at 
some  length  by  Wachsmuth.13 

The  word  divinatio  was  used  in  a  particular  man- 
ner by  the  Romans  as  a  law-term,  which  requires 
some  explanation.  If  in  any  case  two  or  more  ac- 
cusers came  forward  against  one  and  the  same  in- 
dividual, it  was,  as  the  phrase  ran,  decided  by  divi- 
natio who  should  be  the  chief  or  real  accuser,  whom 
the  others  then  joined  as  subscriptores,  i.  e.,  by  put- 
ting their  names  to  the  charge  brought  against  the 

1.  (Aristoph.,  Eccles.,  793.)— 2.  (Agesil.,  11.)— 3.  (Muller,Do- 
rians,  ii.,  2,  i)  14.) — 4.  (Aristoph.,  Eccles.  793. — Eustath.  ad  Horn., 
Od.,xx.,  104.)— 5.  (Thucyd.,vir.,50.)— 6.  (Xen.,Hel.,iv.,7,M-) 
—7.  (Horn.,  II.,  xi.,  53,  &c— Cic,  De  Divin.,  i.,  43.)— 8.  (Sch5- 
mann,  De  Comit.  Athen  ,  p.  146,  <fec,  transl.) — 9.  (Horn.,  Od., 
xvii.,  561,  with  note  of  Eustath. — Xen.,  Anab.,  i ii-,  2,  t)  9. — Plut., 
Themist.,  13.— Ovid,  Heroid.,  19,  151.— Propert.,  ii.,  2,  33.)— 10. 
(Theocrit.,  iii.,  37. — Plaut.,  Pseud.,  I.,  ii.,  105. — Compare  Wiiste- 
rciann  ad  Theocrit.,  1.  c.)~ll.  (Horn.,  II.,  i.,  63  ;  ii.,  init. — Od., 
iv.,  841  ;  xix.,  457.)— 12.  fPlut.,  Aristid.,  27.)— 13.  (Hellen.  Al- 
terth.,  ii.,  2,  p.  259,  &c. — Compare  Thirlwall's  Hist,  of  Greece, 
l,  p.  206,  &c.) 
171 


offendei.  This  transaction,  by  which  one  of  sever- 
al accusers  was  selected  to  conduct  the  accusation, 
was  called  divinatio,  as  the  question  here  was  not 
about  facts,  but  about  something  which  was  to  be 
done,  and  which  could  not  be  found  out  but  by  wit- 
nesses or  written  documents ;  so  that  the  judices 
had,  as  it  were,  to  divine  the  course  which  they 
had  to  take.1  Hence  the  oratio  of  Cicero,  in  which 
he  tries  to  show  that  he,  and  not  Q.  Caecilius  Niger, 
ought  to  conduct  the  accusation  against  Verres,  is 
called  Divinatio  in  Cczcilium.2 

DIVPSOR.     (Jid.  Ambitus.) 

DIVO'RTIUM,  generally  a  separation,  and,  in  a 
special  sense,  a  dissolution  of  marriage.  A  Roman 
marriage  was  dissolved  by  the  death  of  the  wife  or 
husband,  and  by  divortium  or  separation  in  the  life- 
time of  the  husband  and  wife. 

Divorce,  or  the  absolute  determination  of  the  mar- 
riage relation,  always  existed  in  the  Roman  polity 
so  far  back  as  we  know  anything  of  it ;  and  there 
might  be  divorce  both  in  the  case  of  a  marriage 
with  conventio  in  manum,  and  in  the  case  of  a 
marriage  when  there  was  no  conventio,  and,  conse- 
quently, the  relation  of  the  wife  to  her  own  famiiia 
still  continued.  The  statement  of  Plutarch,3  that 
the  husband  alone  had  originally  the  power  of  ef- 
fecting a  divorce,  may  be  true  ;  but  we  cannot  rely 
altogether  on  such  an  authority.  As  one  essential 
part  of  a  marriage  was  the  consent  and  conjugal 
affection  of  the  parties,  it  was  considered  that  this 
affection  was  necessary  to  its  continuance,  and,  ac- 
cordingly, either  party  might  declare  his  or  her  in- 
tention  to  dissolve  the  connexion.  No  judicial  de- 
cree, and  no  interference  of  any  public  authority, 
was  requisite  to  dissolve  a  marriage.  Filii  familias, 
of  course,  required  the  consent  of  those  in  whose 
power  they  were.  The  first  instance  of  divorce  at 
Rome  is  said  to  have  occurred  about  B.C.  234, 
when  Sp.  Carvilius  Ruga  put  away  his  wife*  on  the 
ground  of  barrenness  :  it  is  added  that  his  conduct 
was  generally  condemned.  The  real  meaning  of 
the  story  is  explained  by  Savigny  with  his  usual 
acuteness.5 

Towards  the  latter  part  of  the  Republic,  and  un- 
der the  Empire,  divorces  became  very  common. 
Pompey  divorced  his  wife  Mucia  for  alleged  adul- 
tery, and  his  conduct  was  approved  ,6  and  Cicero 
speaks  of  Paula  Valeria7  as  being  ready  to  serve 
her  husband,  on  his  return  from  his  province,  with 
notice  of  divorce.8  Cicero  himself  divorced  his 
wife  Terentia,  after  living  with  her  thirty  years, 
and  married  a  young  woman.  If  a  husband  di- 
vorced his  wife,  the  wife's  dos,  as  a  general  rule, 
was  restored  (vid.  Dos)-,  and  the  same  was  the 
case  when  the  divorce  took  place  by  mutual  con- 
sent. As  divorce  became  more  common,  attempts 
were  made  to  check  it  indirectly,  by  affixing  pecu- 
niary penalties  or  pecuniary  loss  to  the  party  whose 
conduct  rendered  the  divorce  necessary.  This  was 
part  of  the  object  of  the  lex  Papia  Poppsea,  and  of 
the  rules  as  to  the  retentio  dotis  and  judicium  mo- 
rum.  There  was  the  retentio  dotis  propter  liberos, 
when  the  divorce  was  caused  by  the  fault  of  the 
wife,  or  of  her  father,  in  whose  power  she  was  : 
three  sixths  of  the  dos  was  the  limit  of  what  could 
be  so  retained.  On  account  of  matters  morum  gra- 
viorum,  such  as  adultery,  a  sixth  part  might  be  re- 
tained ;  in  the  case  of  matters  morum  leviorum, 
one  eighth.  The  husband,  when  in  fault,  was  pun- 
ished by  being  required  to  return  the  dos  earlier 


1.  (Asconius  in  Argum.  ad  Cic,  Divinat.  in  Creed.,  p.  99,  ed 
Orelli.) — 2.  (Compare  c.  15  and  20  of  the  Oratio,  and  Gellius,  ii. 
4.)— 3.  (Romul.,  22.)— 4.  (Aul.  Gell.,  iv.,  3  ;  xvii.,  21.— Val.  Max. 
ii#>  \i  $  4.)_5.  (Zeitschrift,  &c,  v.,  269.)— 6.  (Cic,  Ep.  ad  Att., 
i.,  12.)— 7.  (Ep.  ad  Fam.,  viii.,  7.)— 8.  (Coripare  Juv.,  vi.,  224 
Ac. — Mart.,  vi.,  7.) 


DOC  A.NA. 


DOGMATIC!. 


than  it  was  otherwise  returnable.     After  the  di- 
vorce, either  party  might  marry  again. 

By  the  lex  Papia  Poppoea,  a  freedwoman  who  had 
married  her  patronus  could  not  divorce  herself; 
there  appears  to  have  been  n:  other  class  of  persons 
subjected  to  this  incapacity. 

Corresponding  to  the  forms  of  marriage  by  con- 
farreatio  and  coemtio,  there  were  the  forms  of  di- 
vorce by  diffarreatio  and  remancipatio.    According 
to  Festus,1  diffarreatio  was  a  kind  of  religious  cer- 
emony, so  called,  "  quia  fiebat  farreo  libo  adhibito," 
by  which  a  marriage  was  dissolved ;  and  Plutarch2 
has  been  supposed  to  allude  to  this  ceremony  in  the 
case  of  a  divorce  between  the  flamen  dialis  and  his 
wife.     It  is  said  that  originally  marriages  contract- 
ed by  confarreatio  were  indissoluble ,  and  in  a  later 
age,  this  was  the  case  with  the  marriage  of  the  fla- 
men dialis,3  who  was  married  by  confarreatio.    In 
the  case  referred  to  by  Plutarch,  the  emperor  au- 
thorized the  divorce.    A  marriage  by  coemtio  was 
dissolved  by  remancipatio.*    In  course  of  time  less 
ceremony  was  used,  but  still  some  distinct  notice 
or  declaration  of  intention  was  necessary  to  consti- 
tute a  divorce  :  the  simple  fact  of  either  party  con- 
tracting another  marriage  was  not  a  legal  divorce.6 
The  ceremony  of  breaking  the  nupliales  tabula,6  or 
of  taking  the  keys  of  the  house  from  the  woman 
and  turning  her  out  of  doors,  were  probably  consid- 
ered to  be  acts  of  themselves  significant  enough, 
though  it  may  be  presumed  that  they  were  general- 
ly accompanied  with  declarations  that  could  not  be 
misunderstood.     The  general  practice  was  appa- 
rently to  deliver  a  written  notice,  and  perhaps  to  as- 
sign a  reason.     In  the  case  of  Paula  Valeria,  men- 
tioned by  Cicero,  no  reason  was  assigned.     By  the 
lex  Julia  de  Adulteriis,  it  was  provided  that  there 
should  be  seven  witnesses  to  a  divorce,  Roman  cit- 
izens of  full  age  (puberes),  and  a  freedman  of  the 
party  who  made  the  divorce. 

Under  the  Christian  emperors  divorce  was  pun- 
ished in  various  ways,  but  still  the  power  of  di- 
vorce remained,  as  before,  subject  to  the  observ- 
ance of  certain  forms.  Theodosius  and  Valentin- 
ian  III.,  and  subsequently  Justinian,  made  various 
laws,  by  which  punishment  was  imposed,  not  only 
on  the  party  who  gave  good  cause  for  the  divorce, 
or  who  without  any  good  cause  made  a  divorce,  but 
also  on  both  parties  when  they  dissolved  the  mar- 
riage by  agreement  without  good  legal  cause.  The 
penalties  in  such  cases  varied  with  the  circumstan- 
ces ;  they  were  both  pecuniary  and  personal. 

The  term  repudium,  it  is  said,  properly  applies  to 
a  marriage  only  contracted  (vid.  Sponsalia),  and  di- 
vortium  to  an  actual  marriage  ;7  but  sometimes  di- 
vortium  and  repudium  appear  to  be  used  indifferent- 
ly. The  phrases  to  express  a  divorce  are  nuncium 
remittere,  divortium  facere  ;  and  the  form  of  words 
might  be  as  follow  :  "  Tuas  res  tibi  habeto,  tuas 
res  tibi  agito."6  The  phrase  used  to  express  the 
renunciation  of  a  marriage  contract  were  renun- 
tiare  repudium,  repudium  remittere,  dicere,  and  re- 
pudiare  ;  and  the  form  of  words  might  be,  "  Condi- 
tione  tua  non  utor."9 

For  the  subject  of  Greek  divorce,  see  AIIOAEI- 
*£Q2  AIKH,  and  Marriage,  Greek. 

DO  CAN  A  (Aonava,  rd :  from  Sokoc,  a  beam)  was 
an  ancient  symbolical  representation  of  the  Dios- 
curi (Castor  and  Polydeuces)  at  Sparta.  It  con- 
sisted of  two  upright  beams,  with  others  laid  across 
them  transversely.10  This  rude  symbol  of  fraternal 
unity  evidently  points  to  a  very  remote  age,  in 
which  scarcely  any  attempts  in  sculpture  can  have 

1  (s-  v.  Diffarreatio.)— 2.  (Quaest.  Rom.,  50.)— 3.  (Gell.,  x., 
15.) — 4.  (Festus,  s.  v.  Remaucipatam.)— 5.  (Cic,  Orat.,  i.,  40.) 
6.  (Tacit.,  Ann.,  xi.,  30.)— 7.  (Dig.  50,  tit.  16,  s.  101,  191.)— 8. 
<Cic,  Phil.,  ii.,  23.) — 9.  (Dig.  24,  tit.  2.— Ulp.,  Frag.,  vi.-Hei- 
*ecc,  Syntagma.)— 10.  (Plut.,  De  Amor.  Frat    i.,  p.  36.) 


been  made.  At  a  later  time,  when  works  of  art 
were  introduced  into  all  the  spheres  of  ordinary 
life,  this  rude  and  ancient  object  of  worship,  like 
many  others  of  its  kind,  was  not  superseded  by  a 
more  appropriate  symbol.  The  Dioscuri  were  wor- 
shipped as  gods  of  war,  and  we  know  that  their  im- 
ages accompanied  the  Spartan  kings  whenever  they 
took  the  field  against  the  enemy.  But  when,  in  tbe* 
year  504  B.C.,  the  two  kings,  during  their  invasion 
of  Attica,  failed  in  their  undertaking  on  account  o! 
their  secret  enmity  towards  each  other,  it  was  de 
creed  at  Sparta  that  in  future  only  one  king  should 
command  the  army,  and,  in  consequence,  should 
only  be  accompanied  by  one  of  the  images  of  the 
Dioscuri.1  It  is  not  improbable  that  these  images, 
accompanying  the  kings  into  the  field,  were  the  an- 
cient donava,  which  were  now  disjointed,  so  that 
one  half  of  the  symbol  remained  at  Sparta,  while 
the  other  was  taken  into  the  field  by  one  of  the 
kings.  Suidas  and  the  Etymologicum  Magnum8 
state  that  donava  was  the  name  of  the  graves  of  the 
Dioscuri  at  Sparta,  and  derived  from  the  verb  d£- 
XOfiai.3 

DOCIMASIA  {doKifiaaiaj.  When  any  citizen  of 
Athens  was  either  appointed  by  lot  or  chosen  by 
suffrage  (KkrjpuTog  mi  aipero^)  to  hold  a  public  of- 
fice, he  was  obliged,  before  entering  on  its  duties, 
to  submit  to  a  dom/nama,  or  scrutiny  into  his  pre- 
vious life  and  conduct,  in  which  any  person  could 
object  to  him  as  unfit.  This  was  the  case  with 
the  archons,  the  senators,  the  strategi,  and  other 
magistrates.  The  examination,  or  anacrisis,  for  the 
archonship  was  conducted  by  the  senators,  or  in  the 
courts  of  the  heliaea.*  The  doiafiaoia,  however,  was 
not  confined  to  persons  appointed  to  public  offices : 
for  we  read  of  the  denouncement  of  a  scrutiny  (e7r- 
ayyekia  donifiaoiat;)  against  orators  who  spoke  in 
the  assembly  while  leading  profligate  lives,  or  after 
having  committed  flagitious  crimes.  This  denounce- 
ment might  be  made  in  public  by  any  one  7rpoc  <5o- 
Kifiaaiav  rov  (3iov,  i.  e.,  to  compel  the  party  com-  i 
plained  of  to  appear  before  a  court  of  justice,  and 
give  an  account  of  his  life  and  conduct.  If  found 
guilty,  he  was  punished  with  arLfiia,  and  prohibited 
from  the  assemblies.5 

We  will  now  explain  the  phrase  uvdpa  elvat  6okl- 
/j.acd?jvai.  At  the  age  of  eighteen  every  Athenian 
became  an  ephebus,  and  after  two  years  was  en- 
rolled among  the  men,  so  that  he  could  be  present 
and  vote  at  the  assemblies.6  In  the  case  of  wards 
who  were  heirs  to  property,  this  enrolment  might 
take  place  before  the  expiration  of  the  two  years, 
on  it's  being  established  by  a  doKifiacia  that  the  youth 
was  physically  qualified  to  discharge  any  duties  the 
state  might  impose  upon  him.  If  so,  he  was  re- 
leased from  guardianship,  and  "  became  a  man" 
{uvrip  eyevero  or  edoicifiaodri),  being  thereby  empow- 
ered to  enter  upon  his  inheritance,  and  enjoy  other 
privileges,  just  as  if  he  were  of  the  full  age  of  twen- 
ty.7 We  may  add  that  the  statements  of  the  gram- 
marians and  orators  are  at  variance  on  this  point ; 
but  the  explanation  we  have  given  seems  the  best 
way  of  reconciling  them,  and  it  agrees  in  substance 
with  the  supposition  of  Schomann,  "  that  among  the 
Athenians  no  one  period  was  appointed  for  enrol- 
ment, provided  that  it  was  not  done  before  the  at- 
tainment of  the  18th,  nor  after  the  completion  of 
the  20th  year." 

DODRANS.     (Vid.  As,  p.  110.) 

DOGMA'TICI  (doypqTiicoi),  the  oldest  of  the  med- 
ical sects  of  antiquity,  must  not  be  confounded  with 

1.  (Herod.,  v.,  75.)— 2.  (s.v.)— 3.  (Miiller,  Dorians,  i.,  5,  <>  12, 
note  m;  ii.,  10,  t)  8.— Zoega,  De  Obeliscis,  p.  228.)-^.  (Wach- 
smuth,  i.,  pt.  1,  p.  262.)— 5.  (Schflmann,  p.  240.— jEsoh.,  Ti- 
mar.,  p.  5.)— 6.  (Pollux,  Onom.,  viii.,  105. — Schomann,  76.) — 7, 
(Harpocr.,  s.  v.  'E-mdUra  fiSrjvai. — Demosth.,  c.  ^-ohcb.  W", 
c.  Onet.,  865  ;  c.  Steph..  1135.) 

^71 


DOGMATIC! 


DOGMATICI. 


she  philosophers  mentioned  by  Diogenes  Laertius.1 
They  derived  their  name  from  66-yfia,  a  philosophical 
tenet  or  opinion,  because  they  professed  to  follow 
the  opinions  of  Hippocrates,  whence  they  were 
sometimes  called  Hippocratici.  Thessalus,  the  son, 
and  Polybus,  the  son-in-law  of  Hippocrates,  were 
the  founders  of  this  sect,  about  B.C.  400,  which  en- 
joyed a  great  reputation,  and  held  undisputed  sway 
over  the  whole  medical  profession,  till  the  estab- 
lishment of  the  Alexandrean  school  of  philosophy 
called  Empiria.  (Vid.  Empirici.)  After  the  rise 
of  this  sect,  for  some  centuries  every  physician 
ranged  himself  under  one  or  other  of  the  two  par- 
ties. The  different  arguments  brought  forward  on 
each  side  are  stated  with  such  clearness  and  ele- 
gance by  Celsus,8  that  the  passage  relating  to  the 
Dogmatici  is  here  given  at  full  length,  and  the  ob- 
jections of  the  otljf^r  party  in  the  article  Empirici. 

The  Dogmatici  held  that  it^was  necessary  to  be 
acquainted  with  the  hidden  causes  of  diseases,  as 
well  as  the  more  evident  ones ;  and  to  know  how 
the  natural  actions  and   different  functions   of  the 
human  body  take  place,  which  necessarily  suppo- 
ses a  knowledge  of  the  interior  parts.    They  gave 
the  name  of  hidden  causes  to  those  which  concern 
the  elements  or  principles  of  which  our  bodies  are 
composed,  and  the  occasion  of  good  or  ill  health. 
It  is  impossible,  said  they,  for  a  person  to  know 
how  to  set  about  curing  an  illness  unless  he  knows 
what  it  comes  from ;  since  there  is  no  doubt  that 
he  must  treat  it  in  one  way,  if  diseases  in  general 
proceed  from  the  excess  or  deficiency  of  one  of 
the  four  elements,  as  some  philosophers  have  sup- 
posed ;  in  another  way,  if  all  the  malady  lies  in 
the  humours  of  the  body,  as  Herophilus  thought ; 
in  another,  if  it  is  to  be  attributed  to  the  respira- 
tion, according  to  the  idea  of  Hippocrates  (alluding, 
probably,  to  the  work  Tlepl  $vativ,  Be  Flatibus,  which 
is  generally  considered  to  be  spurious) ;  in  another, 
if  the  blood  excites  inflammation  by  passing  from 
the  veins  which  are  meant  to  contain  it  into  the 
vessels  that  ought  only  to  contain  air,  and  if  this 
inflammation  produces  the  extraordinary  movement 
of  the  blood  that  is  remarked  in  fever,  according  to 
the  opinion  of  Erasistratus  ;  and  in  another,  if  it  is 
by  means  of  corpuscles  which  stop  in  the  invisible 
passages  and  block  up  the  way,  as  Asclepiades  af- 
firms to  be  the  case.     If  this  be  granted,  it  must 
necessarily  appear  that,  of  all  physicians,  he  will 
succeed  the  best  in  the  cure  of  diseases  who  un- 
derstands best  their  first  origin  and  cause.     The 
Dogmatici  did  not  deny  the  necessity  of  experi- 
ments also  ;  but  they  said  that  these  experiments 
could  not  be  made,  and  never  had  been  made,  but 
by  reasoning.    They  added,  that  it  is  probable  that 
the  first  men,  or  those  who  first  applied  themselves 
to  medicine,  did  not  recommend  to  their  patients 
the  first  thing  that  came  into  their  thoughts,  but 
that  they  deliberated  about  it,  and  that  experiment 
and  use  then  let  them  know  if  they  had  reasoned 
justly  or  conjectured  happily.     It  mattered  little, 
said  they,  that  people  declared  that  the  greater  num- 
ber of  remedies  had  been  the  subject  of  experiment 
from  the  first,  provided  they  confessed  that  these 
experiments  were  the  results  of  the  reasoning  of 
those  who  tried  the  remedies.     They  went  on  to 
say,  that  we  often  see  new  sorts  of  diseases  break 
out,  for  which  neither  experiment  nor  custom  has 
yet  found  out  any  cure ;  and  that,  therefore,  it  is 
necessary  to  observe  whence  they  came  and  how 
they  first  commenced,  for  otherwise  no  one  can  tell 
why,  in  such  an  emergency,  he  makes  use  of  one 
remedy  rather  than  another.     Such   according  to 
the  Dogiratid,  are  the  reasons  why  a  physician 

1.  (De  Vit.  Philos.,  procem.,  11.)— 2.  (De  Medic,  tmef.  in  lib. 


*•) 


372 


ought  to  try  and  discover  the  hidden  came*  of  di* 
eases.     As  for  the  evident  causes,  which  are  such 
as  can  easily  be  discovered  by  anybody,  and  where 
one  has  only  to  know  if  the  illness  proceeds  froip 
heat  or  from  cold,  from  having  eaten  too  little  or 
too  much,  and  the  like,  they  said  it  was  necessary 
to  inform  one's  self  of  all  that,  and  make  on  it  the 
suitable  reflections  ;   but  they  did  not  think  that 
one  ought  to  stop  there  without  going  any  farther. 
They  said  again,  with  regard  to  the  natural  actions, 
that  it  was  necessary  to  know  wherefore  and  in 
what  manner  we  receive  the  air  into  our  lungs, 
and  why  we  afterward  expire  it ;  why  food  is  taken 
into  the  body,  how  it  is  there  prepared,  and  then 
distributed  through  every  part  of  it ;  why  the  arter- 
ies are  subject  to  pulsation ;  what  is  the  cause  of 
sleep,  wakefulness,  &c. :  and  they  maintained  that 
a  man  could  not  cure  the  diseases  relating  to  these 
several  functions  unless  he  were  able  to  explain  all 
these  phenomena.    To  give  an  example  taken  from 
the  process  of  digestion  :  The  food,  said  these  phy- 
sicians, is  either  ground  in  the  stomach,  as  Erasis- 
tratus thought ;  or  it  purifies,  according  to  the  no- 
tion of  Plistonicus,  a  disciple  of  Praxagoras ;  or  it 
is  concocted  by  a  peculiar  heat,  as  was  the  opinion 
of  Hippocrates  ;  or  else,  if  we  are  to  believe  Ascle- 
piades, all  these  opinions  are  equally  erroneous,  and 
nothing  is  concocted,  but  the  alimentary  matter  is 
distributed  throughout  the  body  in  the  same  crude 
state  in  which  it  was  taken  into  the  mouth.     How- 
ever much  they  differ  on  this  point,  they  all  agree 
that  the  sort  of  nourishment  proper  for  a  sick  per- 
son will  vary  according  as  one  or  other  of  these 
opinions  be  supposed  to  be  the  true  one.     For  if  the 
food  is  ground  to  pieces,  we  must  choose  that  kind 
which  is  most  easily  ground ;   if  it  putrefies,  we 
must  give  what  putrefies  most  quickly ;  if  it  is  con- 
cocted by  heat,  we  must  prefer  such  as  is  most  apt 
to  excite  heat ;  but  if  it  is  not  concocted,  we  need 
not  select  any  of  the  above-mentioned  kinds  of 
food,  but  rather  such  as  will  remain  as  it  is  eaten, 
and  change  the  least.     And  in  the  same  way  they 
argued  that,  when  the  breathing  is  affected,  or  there 
is  too  great  sleepiness  or  wakefulness,  if  a  physi 
cian  understands  thoroughly  the  nature  of  these  phe- 
nomena, he  will  be  able  to  cure  the  diseases  con- 
nected with  them.     Lastly,  they  maintained  that,  as 
the  principal  pains  and  diseases  proceed  irom  the 
internal  parts,  it  is  impossible  for  a  person  to  ad- 
minister any  remedy  unless  he  is  acquainted  with 
these  parts.    They  therefore  contended  that  it  was 
necessary  to  open  dead  bodies  and  examine  the  dif- 
ferent viscera ;  but  that  it  was  much  the  best  way 
to  do  as  Herophilus  and  Erasistratus,  who  used  to 
dissect  alive  the  criminals  condemned  to  death  that 
were  put  into  their  hands,  and  who  were  thus  ena- 
bled to  behold  during  life  those  parts  which  nature 
had  concealed,  and  to  contemplate  their  situation, 
colour,  figure,   size,  order,   hardness  or  softness, 
roughness  or  smoothness,  &c.     They  added,  that 
it  is  not  possible,  when  a  person  has  any  internal 
illness,  to  know  what  is  the  cause  of  it,  unless  one 
is  exactly  acquainted  with  the  situation  of  all  the 
viscera,  nor  can   one  heal  any  part  without  un- 
derstanding its  nature  ;  that,  when  the  intestines 
protrude  through  a  wound,  a  person  who  does  not 
know  what  is  their  colour  when  in  a  healthy  state 
cannot  distinguish  the  sound  from  the  diseased 
parts,  nor  therefore  apply  proper  remedies,  wThile, 
on  the  contrary,  he  who  is  acquainted  with  the  nat- 
ural state  of  the  diseased  parts  will  undertake  the 
cure  with  confidence  and  certainty ;  and  that,  ir* 
short,  it  is  not  to  be  called  an  act  of  cruelty,  as  somo 
persons  suppose  it,  to  seek  far  the  remedies  of  an 
immense  number  of  innoccm  persons  in  the  suffer- 
ings of  a  'ew  criminals 


DOLABRA. 


DOLABRA. 


Such  were  their  opinions,  and  t'.ie  arguments  by 
which  they  supported  them.  Additional  informa- 
tion on  the  subject  may  be  found  in  various  parts 
of  Galen's  works.1 

DOLABRA,  dim.  DOLABELLA  (optttf,  dim.  cfii- 
Xiov),  a  chisel,  a  celt. 

For  the  purpose  of  planing  and  polishing  wood, 
the  ancients  used  either  the  adze,  which  was  impell- 
ed in  the  direction  exhibited  in  the  woodcut  at  page 
112  (vid.  Ascia),  or  the  chisel,  which  was  forced  in 
the  opposite  direction,  i  e.,  from  the  body  of  the 
workman,  as  shown  in  the  woodcut  at  page  62. 
On  account  of  the  use  of  these  tools  in  ship-build- 
ing, Juvenal2  describes  the  merchant  as  trusting  his 
Ufe  "  ligno  dolato."  Statues  also  were  made  by  the 
application  of  the  chisel.  "E  robore  dolatus,"3 
"truncus  dolamine  effigiatus."* 

The  chisel  used  by  stone-masons  is  represented 
at  the  bottom  of  the  monument,  which  is  the  subject 
of  the  woodcut  to  the  article  Circinus  (p.  252). 
Ashlar,  i.  e.,  stone  adapted  to  be  cut  and  smoothed 
by  the  chisel,  was  called  "lapis  dolabilis."  A  Greek 
epigram  represents  the  inscription  on  a  marble  tomb 
as  engraved  by  the  strokes  of  the  chisel  (Iclotvitoic 
cffilXaig  KEnola/j./ievov5),  and  such  letters  are  called 
pfiiXevTu  ■ypdfxfiara.6 

Dolabras  were  also  much  employed  in  the  opera- 
tions of  horticulture  and  agriculture.  A  small  sharp 
chisel  was  used  to  cut  out  the  dead  wood  from  the 
trunk  of  the  vine ;  an  instrument  of  the  same  form, 
though,  of  course,  much  more  blunt  and  rough,  and 
yet  called  by  the  same  name  (dolabella),  was  em- 
ployed to  stir  up  the  ground  about  its  roots.7  This 
tool  was  likewise  used  to  refresh  the  soil  in  rose- 
beds  ;8  and  the  same  term  "  dolabra"  is  applied  to 
the  spud,  or  small  spade,  which  the  ploughman  car- 
ried with  him  to  destroy  weeds.  Hence  the  ancient 
glossaries  translate  dolabra  "  a  tool  for  digging" 
(6pv%) ;  and  Columella9  says,  with  a  view  to  this 
object,  "  Nee  minus  dolabra,  quam  vomere,  bubul- 
cus  utatur." 

It  must  have  been  in  a  form  very  similar  that  the 
dolabra  was  used  by  the  Greek  and  Roman  armies 
in  making  intrenchrnents  and  in  destroying  fortifi- 
cations. When  they  made  a  breach  in  the  wall  of 
a  city,  the  expression  is  "  Dolabris  perfregere  mu- 
nim."10  In  what  manner  the  instrument  was  ap- 
plied we  may  infer  from  the  statement  of  Livy,11 
that  on  a  certain  occasion  soldiers  were  sent  "  with 
dolabrae  to  destroy  a  wall  from  its  foundation,"  and 
that  the  execution  of  this  task  was  easy,  because 
the  stones  of  which  the  wall  was  built  were  laid  in 
clay  or  mud,  and  not  in  mortar.  It  is  clear  that  the 
use  of  the  chisels  in  this  instance  was  to  insert 
them  between  the  stones,  so  as  to  remove  the  clay, 
and  in  doing  this,  to  loosen  and  destroy  the  wall.13 

Dolabras  abound  in  our  public  museums  and  in 
the  cabinets  of  the  curious,  being  known  under  the 
equivalent  name  of  "celts"  to  antiquaries,  who, 
however,  generally  use  the  word  without  under- 
standing its  true  sense.13  "  Celtes"  is  an  old  Latin 
word  for  a  chisel,  probably  derived  from  ccelo,  to 
engrave.  Thus  the  phrase  "  celte  sculpantur  in 
silice"  occurs  in  the  Vulgate  version  of  Job,1*  and 
"  malleolo  et  celte  literatus  sUex"  in  an  inscription 
found  at  Pola.15  These  articles  are  for  the  most 
part  of  bronze,  more  rarely  of  hard  stone.  They 
are  chiefly  found,  as  we  might  expect  from  the  ac- 

1.  (Vid.  De  Differ.  Puis.,  iv.,  3,  p.  721,  ed.  Kuhn.— De  Meth. 
Med.,  iii.,  1,  3,  p.  159,  182,  184.— De  Compos.  Medicam.  per 
Geo.,  ii.,  1,  p.  463.— Introd.,  cap.  ii.,  p.  677.)— 2.  (xik,  57.)— 3. 
(Cic,  Acad.,  iv.,  31.)— 4.  (Apul.,  Florid,  ad  init.) — 5.  (Brunck, 
Anal.,  i.,  491.)— 6.  (Ibid.,  iii.,  497.)— 7.  (Colum.,  De  Re  Rust., 
iv.,  24,  26.— De  Arbor.,  10.)— 8.  (Pallad.,  in.,  21.)-9.  (De  Re 
Rust.,  ii.,  2.)— 10.  (Curt.,  ix.,  5.)— 11.  (xxi.,  11.)— 12.  (Compare 
Liv.,  ix.,  37.— Tacit.,  Hist.,  iii.,  20.)— 13.  (See  Jamieson's  Etym. 
Diet.,  s.  v.  Celt.)— 14.  (xix.,  24.)— 15.  (Gruter,  p.  329  ) 


count  of  their  use  given  by  Curtius,  Livy,  and  la 
citus,  in  ancient  earth-works  and  encampments,  an«*. 
in  various  instances  a  great  number,  even  more 
than  a  hundred,  have  been  discovered  together.  The 
sizes  and  forms  which  they  present  are  as  various . 
as  the  uses  to  which  they  were  applied.  The  an- 
nexed woodcut  is  designed  to  show  a  few  of  the 
most  remarkable  varieties.  Fig.  1  is  torn  a  celt 
found,  with  several  others,  and  with  a  numbei  of 
Roman  coins,  at  Karnbre  in  Cornwall.1  Its  ler.gth 
was  six  inches  without  the  haft,  which  was  no  doubt 
of  wood,  and  fixed  directly  into  the  socket  at  the 
top.  It  must  have  been  a  very  effective  implement 
for  removing  the  stones  in  the  wall  of  a  city  or  fortifi- 
cation, after  they  had  been  first  shattered  and  loosen- 
ed in  some  degree  by  the  battering-ram.  The  ear 
or  loop  which  is  seen  in  this  and  many  other  celts, 
would  be  useful  to  suspend  them  from  the  soldier's 
girdle,  and  may  also  have  had  a  cord  or  chain  at 
tached  to  it  to  assist  in  drawing  back  the  celt  when 
ever  it  became  too  firmly  wedged  between  the 
stones  of  the  wall  which  it  was  intended  to  destroy. 
Figs.  2  and  3  are  from  Sir  W.  Hamilton's  collec- 
tion in  the  British  Museum.  These  chisels  seem 
best  adapted  for  the  use  of  the  carpenter.  The  celt 
(fig.  4)  which  was  found  in  Furness,  co.  Lancaster,* 
instead  of  being  shaped  to  receive,  or  to  be  inserted 
into  a  handle  like  the  three  preceding,  is  made 
thick,  smooth,  and  round  in  the  middle,  so  as  to  be 
conveniently  manipulated  without  a  handle.  It  is 
nine  inches  long,  and  weighs  2  lb.  5  oz.  Its  sharp 
edge  is  like  that  of  a  common  hatchet,  and  may  ha  ve 
been  used  for  polishing  timber. 


On  the  other  hand,  figs.  5,  6,  7  exactly  resemble 
the  knife  now  used  by  leather-cutters,  and  there- 
fore illustrate  the  account  given  by  Julius  Pollux, 
who  reckons  this  same  tool,  the  olifirj,  among  the 
kpyaktla  tov  gkvtot6[j,ov.  This  instrument  was  also 
used  for  cutting  paper,  and  probably  in  the  same 
manner  (ofiiha  xaPT0T°tl0Si  sicila3). 

The  following  woodcut  shows  a  small  bronzfl 


celt  fixed  into  a  handle  of  stag's  horn,  and  there- 


1.  (Borlase,  Ant.  of  Cornwall,  iii.,  13.)— 2.  (Archoeo'/ogia,  v., 
p.  106.)— 3.  (Philox  ,  Gloss.* 

373 


DOMINIUM. 


DOMINIUM. 


tore  exemplifies  one  of  the  modes  of  attaching  the 
metal  to  its  haft.  It  was  evidently  adapted  for  very 
fnie  work,  and  is  strongly  contrasted  with  the  above- 
figured  celt  from  Cornwall.  It  was  found  in  an  an- 
cient tomb  in  Wiltshire.1  The  two  other  figures  in 
this  woodcut  represent  the  knife  used  in  sacrifices, 
as  it  is  often  exhibited  on  cameos  and  bas-reliefs,  be 
ing  the  "scena,"  "sacena,"  or  "  dolabra  pontificalis"" 
mentioned  by  Festus  ;2  and  the  "securis  dolabrata," 
or  hatchet  furnished  with  a  chisel,3  as  sculptured 
on  a  funereal  monument. 

DOI/ICHUS  {6oIlXo<:).     (Vid.  Stadium.) 

DO'LIUM,  a  cylindrical  vessel,  somewhat  resem- 
bling our  tubs  or  casks,  into  which  new  wine  was 
put  to  let  it  ferment.  It  was  at  first  made  of  earth. 
In  the  time  of  Pliny,  wood  does  not  appear  to  have 
been  used  for  this  purpose  either  in  Greece  or  Rome. 
At  a  later  period  doUa  were  made  of  wood,  held  to- 
gether with  hoops.  Palladius*  speaks  of  dolia  con- 
taining two  hundred  congii:  it  is  incredible  that 
such  large  vessels  were  made  of  earth.  The  shape 
preferred  for  dolia  was  long,  and  of  a  small  diame- 
ter. Immediately  after  they  were  made  they  were 
covered  with  pitch,  and  subjected  to  a  farther  prep- 
aration, after  which  they  were  filled  with  wine,  but 
not  quite  to  the  brim,  and  placed  in  a  chamber  (cella 
vinaria),  which  was  at  least  high  enough  above  the 
earth  to  have  windows.  Here  the  dolia  either  stood 
on  the  ground  or  were  let  into  it  (demersa,  depressa, 
or  defossa).  Wine  which  would  not  keep  long  was 
drunk  from  the  dolia ;  that  which  improved  by  keep- 
ing was  transferred  from  them  to  amphora.  The 
cupa  and  series  were  vessels  like  the  dolia,  and  used 
for  the  same  purpose.5 

DE  DOLO  MALO  ACTIO.     (Vid.  Culpa.) 

DOLUS  MALUS.     (Vid.  Culpa.) 

DOMI'NIUM.  Dominium  signifies  quiritarian 
ownership,  or  property  in  a  thing ;  and  dominus,  or 
dominus  legitimus,  is  the  owner.  Possessor  is  often 
used  by  Roman  writers  as  equivalent  to  owner; 
but  this  is  not  a  correct  use  of  the  word.  In  like 
manner,  "to  have  ownership"  is  sometimes  ex- 
pressed by  "  possidere,"  and  the  thing  in  which 
there  is  property  is  sometimes  called  "possessio."6 

The  complete  notion  of  property  or  ownership 
comprehends  the  determination  of  the  things  which 
may  be  the  objects  of  ownership  ;  the  power  which 
a  man  may  have  over  such  subjects,  both  as  to  du- 
ration of  time  and  extent  of  enjoyment ;  the  modes 
in  which  ownership  may  be  acquired  and  lost ;  the 
persons  who  are  capable  of  acquiring,  transferring, 
or  losing  ownership. 

Res  is  the  general  name  for  anything.  The  chief 
division  of  res  is  into  res  divini  juris  and  res  hu- 
mani  juris.  Res  divini  juris  are  those  which  are 
appropriated  to  religious  purposes,  namely,  res  sa- 
crae,  sanctas,  religiosae  ;  and,  so  long  as  they  have 
'his  character,  they  cannot  be  objects  of  property. 
Res  humani  juris  are  all  other  things  that  can  be  the 
objects  of  property,  and  they  are  either  res  pub- 
lics or  res  privatae.  Res  publicae  belong  to  the  cor- 
poration of  the  state,  and  can  only  become  private 
property  by  being  deprived  of  this  public  character. 
(Vid.  AGRARiiE  Leges.)  Res  universitatis  are  the 
property  of  a  corporate  body,  which  are  not  the 
property  of  any  individual  of  the  corporation.  The 
phrase  res  nullius  is  ambiguous  ;  it  sometimes 
means  that  the  thing  cannot  be  the  property  of  any 
individual,  which  is  affirmed  of  things  divini  juris  ; 
when  applied  to  things  humani  juris,  it  sometimes 
means  that  they  are  not  the  property  of  an  individ- 
ual, but  of  a  body  ;  yet  such  things  may  become  the 

1.  (Sir  R.  C.  Hoare's  Anc.  Wilts.  South,  p.  182,  203.)— 2.  (s. 
v.  Scena.)— 3.  (Pallad.,  De  Re  Rust.j  i.,  43.)— 4.  (x.,  11.)— 5. 
/Becker,  Gallus,  ii.,  166,  &c.) — 6.  (See  Savigny's  remarks  on 
the  subject,  "  Das  Recht  des  Besitzes,"  p.  85.) 
374 


property  of  an  individual ;  res  hereditaria;  are  res 
nullius  until  there  is  a  heres.  Res  communes  are 
those  which  cannot  be  the  objects  of  property,  and 
therefore  are  res  nullius,  as  the  sea. 

Res  corporales  are  defined  to  be  those  "  quas 
tangi  possunt :"  incorporales  are  those  "  quae  tangi 
non  possunt,  sed  in  jure  consistunt,"  as  Hereditas, 
Ususpructus,  Obligationes  ;  and  they  are  conse 
quently  incapable  of  tradition  or  delivery. 

Corporeal  things  are  divided  into  immobiles,  cr 
solum  et  res  soli,  and  mobiles.  The  class  of  things 
"quae  pondere,  numero,  mensura  constant,"  are 
such  things  as  wine,  oil,  corn,  silver,  gold,  which 
are  of  such  a  nature  that  any  the  same  numbei, 
weight,  or  measure  may  be  considered  the  same 
thing.  (Vid.  Mutuum.)  There  is  another  class  of 
res,  consisting  of  those  "  quae  usu  consumuntur, 
minuuntur,"  and  those  "  quae  non,"  which  may  oi 
may  not  be  the  same  as  things  "  quae  numero."  &c. 

A  thing  may  either  be  a  unity,  singula  res,  or  it 
may  be  several  things  of  the  same  kind,  singulae 
res,  or  it  may  be  a  thing  compounded  of  many 
various  things,  universitas,  by  which  is  understood 
a  whole  property,  all  that  a  person  has,  without  re- 
spect to  its  component  parts,  and  with  all  the  rights 
and  obligations  attached  to  it. 

The  division  of  things  into  res  mancipi  and  res 
nee  mancipi  was  one  of  ancient  origin  ;  and  it  con- 
tinued to  a  late  period  in  the  Empire  to  be  an  im- 
portant distinction.  Res  mancipi  are  not  farther 
known  than  by  an  enumeration  of  them,  which  is 
perhaps  imperfect  :l  they  are  praedia  in  Italico  solo, 
both  rustic  and  urban  ;  also  jura  rusticorum  prso- 
diorum  or  servitutes,  as  via,  iter,  aquaeductus  ;  also 
slaves,  and  four-footed  animals,  as  oxen,  horses, 
&c,  quae  collo  dorsove  domantur.  Other  things 
were  nee  mancipi. 

All  the  things  have  been  enumerated  which  are 
the  subject  of  dominium,  and  some  which  are  not. 
Every  dominus  has  a  right  to  the  possession  of  the 
thing  of  which  he  is  dominus  ;  but  possession  alone, 
which  is  a  bare  fact  without  any  legal  character, 
neither  makes  a  man  dominus,  nor  does  the  want 
of  possession  deprive  him  of  dominium.  Possession 
has  the  same  relation  to  a  legal  right  to  a  thing,  as 
the  physical  power  to  operate  upon  it  has  to  the  le- 
gal power ;  and,  accordingly,  the  doctrine  of  pos- 
session precedes  that  of  ownership.  Things  cannot 
be  the  objects  of  possessio  civilis  which  cannot  be 
the  objects  of  dominium. 

The  class  of  things  called  jura  in  re  are  not  prop- 
erly subjects  of  ownership  (dominium),  though  a 
claim  to  them  is  prosecuted  by  an  actio  in  rem : 
they  are  servitutes,  emphyteusis,  superficies,  and 
pignus  and  hypotheca. 

Dominium  properly  signifies  the  right  of  dealing 
with  a  corporeal  thing  as  a  person  (dominus)  pleas- 
es ;  this,  of  course,  implies  the  right  to  exclude  all 
others  from  meddling  with  it.  The  dominus  has 
the  right  to  possess,  and  is  distinguished  in  that  re- 
spect from  the  bare  possessor,  who  has  only  the 
right  of  possession.  The  term  dominium  is  some- 
times (improperly)  extended  to  jura  in  re ;  and 
sometimes  he  who  takes  as  heres  is  called  dominus 
hereditatis.  Jura,  or  jura  in  re,  are,  however,  de- 
tached parts  of  property,  which  are  opposed  to  do- 
minium, as  the  totality  of  all  the  rights  of  property. 
Even  the  ususfructuarius  is  never  considered  as 
owTner,  and  proprietas  is  the  name  for  that  which 
remains  after  the  ususfructus  is  deducted  from  the 
ownership.  Ownership  may  be  either  absolute,  that 
is,  as  complete  as  the  law  allows  any  ownership  to 
be,  or  it  may  be  limited.  The  distinction  between 
bare  ownership  and  ownership  united  with  the  ben- 
eficial interest,  is  explained  in  another  place.     (Vid. 

^ __ „_ __„  — — — — — — _ — — i —  .. ■■  « 

1.  (TJlp.,  Frag.,  xix.) 


DOMINIUM. 


DOMINIUM. 


Boa  -  ,  A  person  who  has  no  ownership  of  a 
thing  may  have  rights  in  or  to  a  thing  {jura  in  re), 
which,  as  far  as  they  extend,  limit  the  owner's  pow- 
er over  his  property.  Ownership,  being  in  its  na- 
ture single,  can  only  be  conceived  as  belonging  to 
one  person  ;  consequently,  there  cannot  be  several 
owners  of  one  thing,  but  several  persons  may  own 
undivided  shares  or  parts  of  a  thing. 

In  order  to  acquire  ownership,  a  person  must 
have  a  legal  capacity  to  acquire ;  and  ownership 
may  be  acquired  by  such  a  person,  or  by  another 
for  him.  There  must  also  be  a  thing  which  can  be 
the  object  of  such  ownership,  and  there  must  be  a 
legal  mode  of  acquisition  {acquisitio  chilis).  Owner- 
ship may  be  acquired  in  single  things  {acquisitio  re- 
rum  singularum),  or  it  may  be  acquired  in  a  number 
of  things  of  different  kinds  at  once  {acquisitio  per 
universitatem),  in  which  case  a  person  acquires  them 
not  as  individual  things,  but  as  parts  of  a  whole. 
The  latter  kind  of  acquisition  is  either  successio 
inter  vivos,  as  in  the  case  where  a  man  adrogates 
another,  and  so  becomes  the  owner  of  all  the  adro- 
gated  person's  property  ;*  or  it  is  successio  mortis 
causa,  as  in  the  case  of  a  testamentary  heres,  or  a 
heres  ab  intestato. 

Acquisitiones  per  universitatem  are  properly  dis- 
cussed under  other  heads  {vid.  Adoptto,  Heres, 
Universitas).  The  following  remarks  apply  to  ac- 
quisitiones rerum  singularum.  Acquisitiones  were 
either  civiles  {ex  jure  civili),  or  naturales  {ex  jure 
gentium),  that  is,  there  was  no  formality  prescribed 
for  the  mode  of  acquisition :  in  both  cases  domin- 
ium could  be  acquired.  The  civiles  acquisitiones 
of  single  things  were  by  mancipatio,  in  jure  cessio, 
and  usucapio  :  those  naturali  jure  were  by  traditio 
or  delivery.  In  the  case  of  res  mancipi,  the  only 
modes  of  acquiring  dominium  were  mancipatio,  in 
jure  cessio,  and  usucapio ;  but  usucapio  applied  also 
to  things  nee  mancipi.  The  alienation  of  things 
flee  mancipi  was  the  peculiar  effect  of  traditio,  or 
bare  delivery,3  and  if  there  was  a  justa  causa,  do- 
minium was  thus  acquired  ;  for  traditio,  in  the  case 
of  a  thing  mancipi,  merely  made  it  in  bonis,  and  the 
ownership  continued  unchanged.  The  notion  that, 
in  the  case  of  res  nee  mancipi,  bare  tradition  did 
not  confer  quiritarian  ownership  or  dominium,  is 
erroneous  ;  for  when  the  Roman  law  did  not  re- 
quire peculiar  forms,  the  transfer  of  ownership  was 
effected  in  what  may  be  called  the  natural  way, 
that  is,  the  simplest  and  most  easy  way  in  which 
the  parties  to  the  act  could  show  their  meaning  and 
carry  it  into  effect. 

A  man  who  was  dominus  of  a  thing,  whether  ac- 
quired jure  civili  or  naturali,  prosecuted  his  right  to 
it  in  the  same  way,  by  the  rei  vindicatio.  He  could 
not,  of  course,  prosecute  such  a  right  unless  he  was 
out  of  possession,  and,  in  order  to  succeed,  he 
must  prove  his  ownership.  If  he  had  a  thing  in 
bonis,  and  was  in  possession,  he  acquired  the  own- 
ership by  usucapion:  if  he  was  out  of  possession, 
it  seems  not  an  improbable  conjecture  of  Unter- 
holzner,3  that  he  was  aided  in  his  action,  after  the 
time  when  the  legis  actiones  fell  into  disuse  and  the 
formula  was  introduced  (for  as  to  a  previous  time  it 
is  difficult  to  form  any  conjecture),  by  the  fiction  of 
his  having  received  the  property  mancipatione. 
There  are  examples  of  a  similar  fiction  in  the  case 
Gf  the  bonorum  possessor  and  the  bonorum  emtor.* 
A  man  could  only  dispose  of  a  legacy  by  his  will 
f)er  vindicationem5  when  he  had  the  dominium  of 
it :  otherwise  he  could  only  give  it  per  damnatio- 
nem  or  sinendi  modo.  A  slave  who  was  the  prop- 
erty of  his  master  {dominus)  might  attain  the  Ro- 

1    (Gaius,  iii.,  21.)— 2.  (Ulp.,  Frag.,  xix.,  8.)  —  3.  (Rhein 
Mus.  fur  Jumprud.  Erster  Jahrgang,  p.  129. )-4.  (Gaiua,  iv., 
J4,  35.)-5.  (Utp^Fras.,  xxiv.,  7.) 


man  civitas  by  the  act  of  manumission  :  if  he  waa 
only  in  bonis  of  the  person  who  manumittod  him,  he 
became  only  a  Latinus  by  the  act  of  manumission. 
The  difference  between  quiritarian  ownership  and 
in  bonis  was  destroyed  by  the  legislation  of  Justin- 
ian, who  declared  in  bonis  to  be  complete  owner- 
ship. 

Some  modern  writers  enumerate,  in  addition  to 
the  civiles  acquisitiones  here  enumerated,  addictio, 
emtio  sub  corona,  sectio  bonorum,  adjudicalio,  and 
lex,  by  which  last  they  understand  those  circum- 
stances under  which  some  special  enactment  gives 
property  to  a  person,  and  caducum  {vid.  Caducum) 
is  mentioned  as  an  instance. 

A  bonae  fidei  possessio  was  not  ownership  (do 
minium),  nor  was  it  the  same  as  in  bonis.  The 
two  things  are  distinguished  by  Ulpian.1  A  bonae 
fidei  possessor  had  a  capacity  for  acquiring  by 
usucapion  the  ownership  of  the  thing  possessed. 
He  had  a  kind  of  action,  actio  publiciana  in  rem,  by 
which,  if  he  lost  the  possession  before  he  had  ac- 
quired the  ownership  by  usucapion,  he  could  recov- 
er it  against  all  but  the  owner,  in  which  latter  re- 
spect he  differed  from  him  who  had  a  thing  in  bonis, 
for  his  claim  was  good  against  the  person  who  had 
the  bare  ownership. 

As  to  fundi  provinciales,  it  was  an  old  princi- 
ple of  Roman  law  that  there  could  be  no  domin- 
ium in  them,  that  is,  no  quiritarian  ownership  {vid. 
Agka.-r.im  Leges)  ;  nor  were  they  said  to  be  in  bo- 
nis ;  but  the  occupier  had  possessio  and  ususfruc- 
tus.  In  fact,  the  terms  dominium  and  in  bonis 
were  not  applicable  to  provincial  lands,  nor  were 
the  fictions  that  were  applicable  to  things  in  bonis 
applicable  to  provincial  lands ;  but  it  is  an  ingenious 
conjecture  of  Unterholzner,  that  the  formula  actio- 
nis  was  adapted  to  the  case  of  provincial  lands  by 
a  fiction  of  their  being  Italic  lands,  combined  with 
a  fiction  of  their  being  acquired  by  usucapion.  In 
the  case  of  the  ager  publicus  in  Italy,  the  dominium 
was  in  the  Roman  people,  and  the  terms  possessio 
and  possessor  were  appropriate  to  the  enjoyment 
and  the  person  by  whom  the  land  was  enjoyed. 
Still  the  property  in  provincial  land  was  like  the 
property  in  bonis  in  Rome  and  Italy,  and  it  conse- 
quently became  dominium  after  the  distinction  be- 
tween quiritarian  and  bonitarian  ownership  was  de- 
stroyed. 

Ownership  was  also  acquired  in  the  case  of  occu- 
patio,  accessio,  &c.  {Vid.  Accessio,  Alluvio,  Con- 
fusio.) 

A  man  who  had  a  legal  capacity  could  acquire 
property  either  himself  or  by  those  who  were  "in 
potestate,  manu,  mancipiove."  He  could  even  ac- 
quire thus  per  universitatem,  as  in  the  case  of  an 
hereditas  ;  and  also  he  could  thus  acquire  a  legacy. 
If  a  slave  was  a  man's  in  bonis,  everything  that  the 
slave  acquired  belonged  to  the  owner  in  bonis,  and 
not  to  him  who  had  the  bare  quiritarian  ownership. 
If  a  man  was  the  "  bona  fide  possessor"  of  another 
person,  whether  that  person  happened  to  be  a  free- 
man supposed  to  be  and  possessed  as  a  slave,  or 
was  the  property  of  another,  the  possessor  only  ac- 
quired the  ownership  of  that  which  the  person  so 
possessed  acquired  "  ex  re  possidentis"  and  ex  "  op- 
ens suis."  The  same  rule  applied  to  a  slave  in 
which  a  man  had  only  the  ususfructus  ;  and  the 
rule  was  consistent  with  the  rule  just  laid  down,  for 
ususfructus  was  not  property.  Sons  who  were  in 
the  power  of  a  father,  and  slaves,  of  course,  could 
not  acquire  property  for  themselves.     {Vid.  Pecu- 

LIUM.) 

Ownership  was  lost  either  with  the  consent  of 
the  owner  or  against  it.  With  the  consent  when 
he  transferred  it  to  another,  which  was  the  general 


1.  (Frag^xix.^O^J.) 


375 


DON  ARIA. 


DONARIA. 


mode  of  acquiring  and  losing  property;  without  the 
consent  when  the  thing  perished,  when  it  became 
the  property  of  another  by  accession  or  usucapion, 
when  it  was  judicially  declared  to  be  the  property 
of  another,  or  forfeited  by  being  pledged.  Owner- 
ship was  not  lost  by  death,  for  the  heres  was  con- 
sidered to  be  the  same  person  as  the  defunct. 

As  certain  persons  had  not  a  capacity  to  acquire, 
oo  some  persons  had  not  a  liability  to  lose  when 
others  had.  Thus  the  property  of  a  pupillus  who 
was  in  tutela  legitima  could  not  become*  the  prop- 
erty of  another  by  usucapion  ;  a  fundamentafprin- 
ciple  of  law,  which  Cicero,  with  good  reason,  was 
surpi  isel  that  his  friend  Atticus  did  not  know.1 

Ownership  might  be  lost  by  the  maxima  capitis 
diminutio  ;  when  it  was  the  consequence  of  a  con- 
viction for  a  capital  crime,  the  property  was  forfeit- 
ed to  the  state.  (Vid.  Sectio  Bonorum.)  The 
media  capitis  diminutio  only  affected  an  incapacity 
for  quiritarian  ownership  :  the  person  could  still  re- 
tain or  acquire  property  by  the  jus  gentium ;  still,  if 
the  media  capitis  diminutio  was  the  consequence 
of  conviction  for  a  capital  crime,  it  had  the  same 
consequences  as  the  maxima.2 

DO'MINUS.     (Vid.  Dominium.) 

DOMFTIA  LEX.     (Vid.  Pontifex.) 

DOMUS.     (Vid.  House.) 

DONA'RIA  (avadrjfiaTa  or  avaKztp.tva')  are  names 
by  which  the  ancients  designated  presents  made  to 
the  gods,  either  by  individuals  or  communities. 
Sometimes  they  are  also  called  dona  or  dupa.  The 
belief  that  the  gods  were  pleased  with  costly  pres- 
ents, was  as  natural  to  the  ancients  as  the  belief 
that  they  could  be  influenced  in  their  conduct  to- 
wards men  by  the  offering  of  sacrifices  ;  and,  in- 
deed, both  sprang  from  the  same  feeling.  Presents 
were  mostly  given  as  tokens  of  gratitude  for  some 
favour  which  a  god  had  bestowed  on  man  ;  but 
some  are  also  mentioned  which  were  intended  to 
induce  the  deity  to  grant  some  especial  favour.  At 
Athens,  every  one  of  the  six  thesmothetae,  or,  ac- 
cording to  Plato,3  all  the  nine  archons,  on  entering 
upon  their  office,  had  to  take  an  oath,  that  if  they 
violated  any  of  the  laws,  they  would  dedicate  in  the 
temple  of  Delphi  a  gilt  statue  of  the  size  of  the  man 
who  dedicated  it  (avSpiavra  xpvcovv  laofierpnTov*). 
Tn  this  last  case  the  anathema  was  a  kind  of  punish- 
ment, in  which  the  statue  was  regarded  as  a  sub- 
stitute for  the  person  forfeited  to  the  gods.  Almost 
all  presents  of  this  kind  were  dedicated  in  temples, 
(.0  which,  in  some  places,  an  especial  building  was 
added,  in  which  these  treasures  were  preserved. 
Such  buildings  were  called  dnaavpoi  (treasuries) ; 
and  in  the  most  frequented  temples  of  Greece,  many 
states  had  their  separate  treasuries.5  The  act  of 
dedication  was  called  avaridevai,  donate,  dedicate, 
or  sacrare. 

The  custom  of  making  donations  to  the  gods  is 
found  among  the  ancients  from  the  earliest  times 
of  which  we  have  any  record,  down  to  the  introduc- 
tion of  Christianity  ;  and  even  after  that  period, 
it  was,  with  some  modifications,  observed  by  the 
Christians  during  the  Middle  Ages.  In  the  heroic 
ages  of  Grecian  history  the  anathemata  were  of  a 
simple  description,  and  consisted  of  chaplets  and 
garlands  of  flowers.  A  very  common  donation  to 
the  godi  seems  to  have  been  that  of  locks  of  hair 
'icopnc  tnrapxai),  which  youths  and  maidens,  espe- 
'jally  young  brides,  cut  off  from  their  heads  and 


1.  (ad  Att.,  i.,  5.)— 2.  (Mackeldey,  Lehrbuch,  &c— "  Ueber 
die  'Verschiedenen  Arten  des  Eigenthums,"  &c,  von  Unterholz- 
ner,  Ithein.  Mus.  Erster  Jahrg. — Savigny,  Das  Recht  des  Besit- 
»*.— Gams.— Ulp.,  Frag.)— 3.  (Phsedr..  p.  235,  D.)  — 4.  (Vid. 
Plut ,  Sol.,  25.— Pollux.  Onom.,  viii.,  85.— Snid.,  s.  v.  xpvc?) 
li«wi--. — Heraclid.,  Pont,  u  1.)— 5.  (BiJckh,  Staatshaus,,  i.,  p. 
471.) 

*V76 


consecrattd  to  some  deity.1  This  custom  in  soma 
places  lasted  till  a  very  late  period  :  the  maidens  ol 
Delos  dedicated  their  hair  before  their  wedding  to 
Hecaeige,2  and  those  of  Megara  to  Iphinoe.  Pau- 
sanias3  saw  the  statue  of  Hygieia  at  Titane  cov- 
ered all  over  with  locks  of  hair,  which  had  been 
dedicated  by  women.  Costly  garments  (ir£7rl.oi) 
are  likewise  mentioned  among  the  earliest  presents 
made  to  the  gods,  especially  to  Athena  and  Hera.* 
At  Athens,  the  sacred  Tzeirloc  of  Athena,  in  which 
the  great  adventures  of  ancient  heroes  were  worked, 
was  woven  by  maidens  every  fifth  year,  at  the  fes- 
tival of  the  great  Panathenaea.  (Vid.  Arrhepho- 
ria.)5  A  similar  peplus  was  woven  every  five 
years  at  Olympia  by  sixteen  women,  and  dedicated 
to  Hera.6 

At  the  time  when  the  fine  arts  flourished  in 
Greece,  the  anathemata  were  generally  works  of 
art  of  exquisite  workmanship,  such  as  high  tripods 
bearing  vases,  craters,  cups,  candelabras,  pictures, 
statues,  and  various  other  things.  The  materials 
of  which  they  were  made  differed  at  different  times  ; 
some  were  of  bronze,  others  of  silver  or  gold,7  and 
their  number  is  to  us  almost  inconceivable.8  The 
treasures  of  the  temples  of  Delphi  and  Olympia,  in 
particular,  surpass  all  conception.  Even  Pausanias, 
at  a  period  when  numberless  works  of  art  must  have 
perished  m  the  various  ravages  and  plunders  to 
which  Greece  had  been  exposed,  saw  and  described 
an  astonishing  number  of  anathemata.  Many  works 
of  art  are  still  extant,  bearing  evidence,  by  their  in- 
scriptions, that  they  were  dedicated  to  the  gods  as 
tokens  of  gratitude.  Every  one  knows  of  the  mag- 
nificent presents  which  Croesus  made  to  the  god  of 
Delphi.9  It  was  an  almost  invariable  custom,  after 
the  happy  issue  of  a  war,  to  dedicate  the  tenth  part 
of  the  spoil  (anpbdiviov,  tiKpoXeiov,  or  7r pur oTleiov)  to 
the  gods,  generally  in  the  form  of  some  work  of 
art.10  Sometimes  magnificent  specimens  of  ar- 
mour, such  as  a  fine  sword,  helmet,  or  shield,  were 
set  apart  as  anathemata  for  the  gods.11  The  Athe- 
nians always  dedicated  to  Athena  the  tenth  part  of 
the  spoil  and  of  confiscated  goods;  and  to  all  the 
other  gods  collectively,  the  fiftieth  part.18  After  a 
seafight,  a  ship,  placed  upon  some  eminence,  was 
sometimes  dedicated  to  Neptune.13  It  is  not  improb- 
able that  trophies,  which  were  always  erected  on  the 
field  of  battle,  as  well  as  the  statues  of  the  victors 
in  Olympia  and  other  places,  were  originally  intend- 
ed as  tokens  of  gratitude  to  the  god  who  was  sup 
posed  to  be  the  cause  of  the  success  which  the  vic- 
torious party  had  gained.  We  also  find  that,  on 
some  occasions,  the  tenth  part  of  the  profit  of  some 
commercial  undertaking  was  dedicated  to  a  god  in 
the  shape  of  a  work  of  art.  Respecting  the  large 
and  beautiful  crater  dedicated  by  the  Samians  to 
Hera,  see  the  article  Crater. 

Individuals  who  had  escaped  from  some  dangei 
were  no  less  anxious  to  show  their  gratitude  to  the 
gods  by  anathemata  than  communities.  The  in- 
stances which  occur  most  frequently  are  those  of 
persons  who  had  recovered  from  an  illness,  especi- 
ally by  spending  one  or  more  night's  in  a  temple  of 
Asclepius  (incubatio).  The  most  celebrated  tem- 
ples of  this  divinity  were  those  of  Epidaurus,  Cos, 
Tricca,  and,  at  a  later  period,  that  of  Rome.14  Cures 

1.  (Horn.,  II.,  xxiii.,  141.  —  .yEschyl.,  Cho€ph.,  6. — Eurip 
Orest.,  96  and  1427  ;  Bacch.,  493  ;  Helen.,  1093.— Plut.,  Thes.,  5 
— Paus.,  i.,  37,  i)  2.)—  2.  (Paus.,i.,  43,  <>  4.)— 3.  (ii.,  11,  t>  6.)— 4. 
(Horn.,  11.,  vi.,  293-303.)— 5.  (Compare  Aristoph.,  Av.,  792.— 
Pollux,  vii.,  50.  —  Wesseling-  ad  Diod.  Sic,  ii.,  p.  440.) — 6. 
(Paus.,  v.,  16.  §  2.)— 7.  (Athen.,  vi.,  p.  231.  &c)— 8.  (Demosth., 
Olynth.,  iii.,  p.  35.)— 9.  (Herod.,  i.,  50,  &c.)— 10.  (Herod.,  viii„ 
82,  121.— Thucyd.,  i.,  132.— Paus.,  iii..  18,  $  5.)— 11.  (Aristoph., 
Equit.,  792,  and  schol.) — 12.  (Demosth.,  c.  Tiicocr..  p.  738,  <fec 
— Bockh,  Staatsb.,  i.,  p.  352,  &c.)  —  13.  (Thucyd.,  ii.,  84.— He 
rod.,  viii.,  121.)  — 14.  (Plin.,  H.  N.,  x«ix.,  1.— Compare  F  A. 
Wolf,  Vermischte  Schriften  und  Aufsat/.e,  p.  411,  &c.) 


DONATIO  MORTIS  CAUSA. 


DONATIONES  INTER  VI RDM,  &c. 


were  also  effected  in  the  Grotto  of  Pluto  and  Pro- 
serpina, is  the  neighbourhood  of  Nysa.1  In  all  cases 
in  which  a  cure  was  effected,  presents  were  made 
to  the  temple,  and  little  tablets  (tabula:  votiva)  were 
suspended  on  its  walls,  containing  an  account  of 
the  danger  from  which  the  patients  had  escaped,  and 
of  the  manner  in  which  they  had  been  restored  tc 
health.  Some  tablets  of  this  kind,  with  their  in- 
scriptions, are  still  extant.2  From  some  relics  of 
ancient  art,  we  must  infer,  that  in  some  cases,  when 
a  particular  part  of  the  body  was  attacked  by  dis- 
ease, the  person,  after  his  recovery,  dedicated  an 
imitation  of  that  part  in  gold  or  silver  to  the  god  to 
whom  he  owed  his  recovery.  Persons  who  had 
escaped  from  shipwreck  usually  dedicated  to  Nep- 
tune the  dress  which  they  wore  at  the  time  of  their 
danger  ;3  but  if  they  had  escaped  naked,  they  dedi- 
cated some  locks  of  their  hair.*  Shipwrecked  per- 
sons also  suspended  votive  tablets  in  the  Temple 
of  Neptune,  on  which  their  accident  was  described 
or  painted.  Individuals  who  gave  up  the  profession 
or  occupation  by  which  they  had  gained  their  liveli- 
hood, frequently  dedicated  in  a  temple  the  instru- 
ments which  they  had  used,  as  a  grateful  acknowl- 
edgment of  the  favour  of  the  gods.  The  soldier 
thus  dedicated  his  arms,  the  fisherman  his  net,  the 
shepherd  his  flute,  the  poet  his  lyre,  cithara,  or 
harp,  &c. 

It  would  be  impossible  to  attempt  to  enumerate 
all  the  occasions  on  which  individuals,  as  well  as 
communities,  showed  their  gratefulness  towards 
the  gods  by  anathemata.  Descriptions  of  the  most 
remarkable  presents  in  the  various  temples  of 
Greece  may  be  read  in  the  works  of  Herodotus, 
Strabo,  Pausanias,  Athenaeus,  and  others. 

The  custom  of  making  presents  to  the  gods  was 
common  to  Greeks  and  Romans,  but  among  the 
latter  the  donaria  were  neither  as  numerous  nor  as 
magnificent  as  in  Greece  ;  and  it  was  more  frequent 
among  the  Romans  to  show  their  gratitude  towards 
a  god  by  building  him  a  temple,  by  public  prayers 
and  thanksgivings  (supplicatio),  or  by  celebrating 
festive  games  in  honour  of  him,  than  to  adorn  his 
sanctuary  with  beautiful  and  costly  works  of  art. 
Hence  the  word  donaria  was  used  by  the  Romans 
to  designate  a  temple  or  an  altar,  as  well  as  statues 
and  other  things  dedicated  in  a  temple.5  The  oc- 
casions on  which  the  Romans  made  donaria  to  their 
gods  are,  on  the  whole,  the  same  as  those  we  have 
described  among  the  Greeks,  as  will  be  seen  from 
a  comparison  of  the  following  passages :  Liv.,  x., 
36  ;  xxix.,  36  ;  xxxii.,  30  ;  xl ,  40,  37.— Plin.,  Hist. 
Nat.,  vii.,  48. — Suet.,  Claud.,  25. — Tacit.,  Ann.,  hi., 
71. — Plaut.,  Amphitr.,  III.,  ii.,  65;  Curcul.,  I.,  i., 
61 ;  II.,  ii.,  10. — Aurel.  Vict.,  Cces.,  35. — Gellius,  ii., 
10. — Lucan,  ix.,  515. — Cic,  De  Nat.  Deor.,  hi.,  37. 
— Tibull.,  ii.,  5,  29  — Horat.,  Epist.,  I.,  I,  4.— Stat., 
Sylv.,  iv.,  92. 

DONATIO  MORTIS  CAUSA.  There  were 
three  kinds  of  donatio  mortis  causa  :  1.  When  a 
man,  under  no  present  apprehension  of  danger,  but 
moved  solely  by  a  consideration  of  human  mortali- 
ty, makes  a  gift  to  another.  2.  When  a  man,  being 
in  immediate  danger,  makes  a  gift  to  another  in 
such  a  manner  that  the  thing  immediately  becomes 
the  property  of  the  donee.  3.  When  a  man,  under 
the  like  circumstances,  gives  a  thing  in  such  a  man- 
ner that  it  shall  becomo  the  property  of  the  donee 
in  case  the  giver  dies.  Every  person  could  re- 
ceive such  a  gift  who  was  capable  of  receiving  a 
legacy. 

It  appears,  then,  that  there  were  several  forms 


1.  (Strab.,  ix.,  p.  437  ;  xiv    p.  649.)— 2.  (Wolf,  1 
At.)     3.  (Hur,  Carm.,  i.,  5,  13. — Virg.,  ^n.,  xii. 
fLucian,  De  More.   Cond.,  c.  1,  vol.  i.,  p.  652,  ed. 
iTirg.,  Georjr.,  iii.,  5S3. — Ovid,  Fast.,  iii.,  335.) 
Bbc 


c,  p.  424, 
,  768.) -4. 
Reitz.)— 5. 


of  gift  called  donatio  mortis  causa  ;  but  the  third 
seems  the  only  proper  one,  and  that  of  which  men- 
tion is  chiefly  made,  for  it  was  a  rule  of  law  that  a 
donation  of  this  kind  was  not  perfected  unless  death 
followed,  and  it  was  revocable  by  the  donor.  A 
thing  given  absolutely  could  hardly  be  a  donatio 
mortis  causa,  for  this  donatio  had  a  condition  at- 
tached to  it,  namely,  the  death  of  the  donor  and  the 
survivorship  of  the  donee.1  The  thing  might  be  a 
thing  capable  of  traditio  or  delivery,  or  it  might  be 
a  promise  of  a  sum  of  money  to  be  paid  after  the 
death  of  the  testator.  It  would  appear  as  if  the 
law  about  such  donations  was  not  free  from  diffi- 
culty. They  were  finally  assimilated  to  legacies  in 
all  respects  by  Justinian,  though  this  had  been  done 
in  some  particulars  before  his  time.  Still  they  dif- 
fered in  some  respects  from  legacies,  for  such  a 
donation  could  take  effect  though  there  was  no 
heres  ;  and  a  Alius  familias,  who  could  not  make  a 
will,  might,  with  his  father's  consent,  make  a  dona- 
tio mortis  causa. 

The  English  law  of  donationes  mortis  causa  is 
first  stated  by  Bracton2  in  the  very  words  of  the 
Digest  ;3  and  the  present  law  is  expounded  by  Lord 
Hardwicke  ;*  but  what  he  there  states  to  be  the 
English  law  is  not  exactly  the  law  as  stated  in 
Bracton.  The  rules  of  donationes  mortis  causa  in 
English  law  are  now  pretty  well  fixed.  Tradition 
or  delivery  is  considered  one  essential  of  such  a 
gift,  and  the  death  of  the  donor  is  another  essential. 
The  gift  must  not  be  an  absolute  gift,  but  a  gift 
made  in  contemplation  of,  and  to  be  perfected  by 
the  death  of  the  donor.5 

DONATIO  PROPTER  NUPTIAS  signifies  tha* 
which  is  given  by  a  husband  or  by  any  other  per- 
son to  a  woman  on  the  occasion  of  her  marriage, 
whether  it  be  by  way  of  security  for  her  Jos,  or  for 
her  support  during  the  marriage  or  widowhood. 
Justinian  required  this  donatio  whenever  the  wife 
brought  a  dos  ;  and  it  was  enacted  that  it  should  be 
equal  in  amount  to  the  dos,  and  should  be  increased 
when  the  dos  was  increased.  Such  a  gift  was  the 
property  of  the  wife,  but  it  was  managed  by  the 
husband,  and  he  was  bound  to  apply  it  to  its  proper 
purposes ;  but  he  could  not  alienate  it,  even  with 
the  consent  of  the  wife.6 

DONATIO'NES  INTER  VIRUM  ET  UXOREM. 
During  marriage,  neither  husband  nor  wife  could,  as 
a  general  rule,  make  a  gift  of  anything  to  one  an- 
other. This  rule  would,  however,  only  apply  where 
there  was  no  conventio  in  manum ;  for  in  such  a 
case  the  rule  of  law  would  be  unnecessary,  because 
a  gift  between  husband  and  wife  would  be  legally 
impossible.  The  reason  for  this  rule  was  said  to  be 
the  preservation  of  the  marriage  relation  in  its  pu- 
rity, as  a  contract  subsisting  by  affection,  and  not 
maintained  by  purchase  or  by  gift  from  one  party 
to  the  other.  The  reason  seems  a  singular  one, 
but  it  is  that  which  is  given  by  the  Roman  writers 
It  has  apparently  a  tacit  reference  to  the  power  ol 
divorce,  and  apppars  like  an  implied  recommenda- 
tion of  it  when  the  conjugal  affection  ceases.  Do- 
nationes of  this  kind  were,  however,  valid  when 
there  were  certain  considerations,  as  mortis  causa, 
divortii  causa,  servi  manumittendi  gratia.  By  cer- 
tain imperial  constitutions,  a  woman  could  make 
gifts  to  her  husband  in  order  to  qualify  him  for  cer- 
tain honours.  It  must  be  remembered,  that  when 
there  was  no  conventio  in  manum,7  a  wife  retained 
all  her  rights  of  property  which  she  did  not  surren- 
der on  her  marriage  (vid.  Dos),  and  she  might,  during 
the  marriage,  hold  property  quite  distinct  from  her 

1.  (Compare  Dig.  39,  tit.  6,  s.  1  and  35.)— 2.  (ii.,  c.  26.)— J 
(36,  tit.  6,  s.  2,  &c.)— 4.  (Ward  v.  Turner,  2  Vez.,  431.) -5 
(Dig.  39,  tit.  6.— Cod.  viii.,  tit.  57.)— 6.  (Cod  v.,  tit.  3.— Not 
97,  c.  1  ;  117,  c.  4,  &c.)— 7.  (Gaius,  ii.,  98.) 

377 


DORSUARIUS. 


DOS. 


husband  It  was  a  consequence  of  this  rule  as  to 
gifts  between  husband  and  wife,  that  eveiy  legal 
form  by  which  the  gift  was  affected  to  be  transferred, 
as  mancipatio,  cessio,  and  traditio,  conveyed  no 
ownership ;  stipulations  were  not  binding,  and  ac- 
ceptilationes  were  no  release.  A  difficulty  might 
remain  as  to  usucapion,  but  the  law  provided  for 
this  also.  If  a  woman  received  from  a  third  person 
the  property  of  her  husband,  and  neither  the  third 
person,  nor  she,  nor  her  husband  knew  that  it  was 
the  husband's  property,  she  might  acquire  the  own- 
ership by  usucapion.  If  both  the  giver  and  the 
husband  knew  at  the  time  of  the  gift  that  it  was  the 
husband's  property,  and  the  wife  did  not  know,  it 
might  also  become  her  property  by  usucapion  ;  but 
not  if  she  knew,  for  in  that  case  the  bona  fides 
which  was  essential  to  the  commencement  of  pos- 
session was  wanting.  If,  before  the  ownership 
was  acquired  by  usucapion,  the  husband  and  wife 
discovered  that  it  was  the  husband's,  though  the 
husband  did  not  choose  to  claim  it,  there  was  no 
usucapion ;  for  this  would  have  been  a  mere  eva- 
sion of  the  law.  If,  before  the  ownership  was  ac- 
quired by  usucapion,  the  wife  alone  discovered  that 
it  was  the  husband's  property,  this  would  not  de- 
stroy her  right  to  acquire  the  property  by  usucapion. 
This,  at  least,  is  Savigny's  ingenious  explanation 
of  the  passage  in  Digest  24,  tit.  1,  s.  44.  The 
strictness  of  the  law  as  to  these  donations  was  re- 
laxed in  the  time  of  S.  Severus,  and  they  were 
made  valid  if  the  donor  died  first,  and  did  not  revoke 
his  gift  before  death.  There  were  also  some  ex- 
ceptions as  to  the  general  rule,  which  it  is  not 
necessary  to  particularize  here.1 

DONATFVUM.  (Vid.  Congiarium.) 
*DONAX  (dovag),  the  species  of  reed  called  Arun- 
do  donax.  It  derives  its  name  from  doveu,  "  to  agi- 
tate" or  "  disturb,"  from  its  being  easily  agitated  by 
the  wind.  Pliny,  in  speaking  of  it,  says,  "  calamus 
fruticosissimus,  qui  vocatur  Donax."'1  Virgil  styles 
it  "fluvialis."3  It  was  used  for  shepherds'  pipes, 
writing-pens,  angling-rods,  &c.  The  modern  Greeks 
call  it  Ka  fa/xoc.  Sibthorp  found  it  everywhere  in 
the  marshy  grounds.* 

*DORCAS  (dopK&c).  By  the  earlier  commenta- 
tors on  the  classics,  it  was  taken  for  a  species  of 
wild  goat,  but  it  is  now  generally  acknowledged  to 
be  the  Gazelle,  or  Antelope  Dorcas.  "  In  fact,"  ob- 
serves Adams,  "  the  Arabian  medical  authors,  Avi- 
cenna  and  Haly  Abbas,  were  aware  that  it  meant 
the  Gazelle ;  hence  the  term  SopKadi&v  of  Galen  is 
rendered  gazellans  by  their  translators.  The  dopnae 
is  the  tzebi  of  the  Hebrew  Scriptures.  It  is  also 
called  &pi;  and  7rpd£."5 

DORMITO'RIA.     (Vid.  House.) 
AfiPOAOKIAS  TPASH.     (Vid.  Decasmos.) 
AQPQN  TPA4>H.     (Vid.  Decasmos.) 
AS2POHENIA2  PPASH.  (Vid.  ZENIAZ  TPAfcH.) 
DORPEIA  or  DORPIA.     (Vid.  Apaturia,  p.  66.) 
DORPOJN.     (Vid.  Deipnon.) 
DORSUA'RIUS  or  DOSSUA'RIUS  (vurotyopoe), 
a  beast  of  burden.  • 

In  the  mountainous  parts  of  Italy,  where  it  was 
impossible  to  use  wheeled  carriages,  the  produce  of 
the  country  was  borne  on  the  backs  of  quadrupeds. 
In  this  manner  the  corn,  wine,  and  oil  of  Apulia  and 
Calabria  were  conveyed  to  the  seacoast  by  asses, 
which  are  described  by  Varro6  as  "  aselli  dossuarii." 
in  these  elevated  regions,  as  we  learn  from  the 
same  author,7  the  necessaries  of  life  were  brought 
to  the  pastoral  inhabitants  either  by  mares  or  by 
any  other  animal,  "  quod  onus  dorso  ferre  possit," 

1.  (Dig.  24,  tit  1.— Savigny,  Zeitschnft,  &c,  i.,  p.  270.)— 2. 

(H.  N.,  xvi.,  36.)— 3.  (Georg ,  ii.,  414.)— 4.  (Billerbeck,  Flora 

Classica,  p.  25.) — 5.  (Aristot.,  II.  A.,  ii.,  2. — ^Elian,  N.  A.,  vii., 

47.*  -  A.dams,  Append.,  s.  v.)— 6.  (De  Re  Rust.,  ii.f  6.)— 7.  (c.  10.) 

378 


an  expression  designed  to  exp  lam  the  et)  mology  of 
the  epithet  "  dossuarius."1 

Beasts  of  burden  also  accompanied  the  army,* 
and  were  used  to  carry  a  part  of  the  baggage.  In 
Eastern  countries  the  camel  has  always  been  em- 
ployed as  a  beast  of  burden.3 

The  "jumenta  dossuaria"  carried  their  load  ei 
ther  by  means  of  panniers  (Kavfrfaia)  (vid.  Clitel 
l^e)  or  of  the  pack-saddle  (aay^a).  From  using  the 
latter,  they  were  called  "  equi  sagmarii,"  "  muli 
sagmarii,"  &c,  whence  came  the  German  "  saum- 
thier,"  "  saum-ross,"  &c,  and  the  English  "  sump- 
ter-mule"  and  "  sumpter-horse."4 

The  following  woodcut,  representing  a  mule  and 
a  camel  accompanied  by  two  Scythian  or  Gothic 
conductors,  is  taken  from  the  column  which  was 
erected  at  Constantinople  to  commemorate  the  vic- 
tories of  Theodosius  I.,  and  of  which  drawings 
were  made  by  command  of  Mohammed  II. 


■  *DORYC'NIUM  (dopvKviov),  a  plant,  in  determin- 
ing which,  botanical  writers  find  some  difficulty. 
The  evidence  preponderates  in  favour  of  the  Con* 
volvulus  Dorycnium,  or  Shrubby  Bindweed.5 

DORY  (66pv).     (Vid.  Hasta.) 

DOS  (GREEK).  Euripides6  makes  Medeia  com- 
plain that,  independent  of  other  misfortunes  to  which 
women  were  subject,  they  were  obliged  to  buy  their 
husbands  by  great  sums  of  money  (xpn/u-druv  virep- 
661ij).  On  this  the  scholiast  remarks,  that  the  poet 
wrote  as  if  Medeia  had  been  his  contemporary,  and 
not  a  character  of  the  heroic  ages,  in  which  it  was 
customary  for  the  husband  to  purchase  his  wife  from 
her  relations  by  gifts  called  edva  or  hdva.  The  same 
practice  prevailed  in  the  East  during  the  patriarchal 
ages,7  and  Tacitus8  says  of  the  ancient  Germans, 
"Dotem  non  uxor  marito,  sed  uxori  maritus  offerl.' 

The  custom  of  the  heroic  times  is  illustrated  by 
many  passages  in  Homer.  Thus  we  read  of  the 
aTTspecata  and  fivpia  £Sva,  or  many  gifts  by  which 
wives  were  purchased.9  In  another  place10  we  are 
told  of  a  hundred  oxen  and  a  thousand  sheep  and 
goats  having  been  given  by  a  Thracian  hero  to  his 
maternal  grandfather,  whose  daughter  he  was  about 
to  marry.  Moreover,  the  poetical  epithet,  aktycol- 
Cotai,11  applied  to  females,  is  supposed  to  have  had  its 
origin  in  the  presents  of  this  sort  which  were  made 
to  a  woman's  relatives  on  her  marriage.  These 
nuptial  gifts,  however,  or  equivalents  for  them,  were 
returned  to  the  husband  in  the  event  of  the  com- 
mission of  adultery  by  his  wife,  and  perhaps  in 
other  cases." 

We  must  not  infer  from  the  above  facts  that  it 
was  not  usual  in  those  times  for  relations  to  give  a 
portion  with  a  woman  when  she  married.  On  tlu\ 
contrary,  mention  is  made13  of  the  fieilia,  or  mar- 
riage gifts  which  men  gave  with  their  daughter? 
(enedoiiav),  and  we  are  told  by  iEschines14  of  one  of 
the  sons  of  Theseus  having  received  a  territory 
near  Amphipolis  as  a  tyepvrj,  or  dower  with  his  wife. 

1.  (Compare  Virg.,  Georg.,  i.,  273-275.)— 2.  (Xen.,  Cyr.,  vi.,  S 
I)  34.)— 3.  (Diod.  Sic,  ii.,  54  ;  iii.,  45  ;  xvii.,  105.)— 4.  (Menage, 
Diet.  Etym.,  s.  v.  Sommier. — Adelung,  Glossar.  Manuale,  t.  vi.- 
p.  22-24.)— 5.  (Nicand.,  Alex.,  376. — Dioscor.,  iii.,  75. — Galen. 
De  Simpl.,  vi. — Schulze,  Toxicol.  Vet. — Schneider  ad  Nicand.,  1 
c. — Adams,  Append,  s.  v.) — 6.  (Medea,  236.) — 7.  (Genes., xxxir.. 
2.)— 8.  (Germ.,  c.  18.)— 9.  {II,  xvi.,  178,  1«0.)— 10.  (II,  xi.,  243.) 
—11.  (Heyne  ad  11.,  xviii.,  593.)— 1$  (Od.,  visi.,  318  )  -13.  (U. 
ii.,  147.) — 14.  (nepl  HaoairDZc6.t  33.} 


DOS 


DOS. 


Moreover,  both  Andromache  and  Penelope  are  spo- 
ken of  as  akoxoi  TroAvdopoi,1  or  wives  who  brought 
to  their  husbands  many  gifts,  which  probably  would 
have  been  returned  to  their  relations  in  case  of  a 
capricious  dismissal.2 

The  Doric  term  for  a  portion  was  dwrivn,  and 
Muller3  observes  that  we  know  for  certainty  that 
daughters  in  Sparta  had  originally  no  dower,  but 
were  married  with  a  gift  of  clothes  only;  after- 
ward they  were  at  least  provided  with  money  and 
other  personal  property  :*  but  in  the  time  of  Aris- 
totle,5 so  great  were  the  dowers  given  (dcd  to  izpo'C- 
Ka£  didovac  fiEydlaq),  and  so  large  the  number  of 
ekLk'Xjjpol,  or  female  representatives    of  families 
(oIkol),  that  nearly  two  fifths  of  the  whole  territory 
of  Sparta  had  come  into  the  possession  of  females. 
The  regulations  of  Solon  were,  according  to  Plu- 
tarch,6 somewhat  similar  in  respect  of  dower  to  the 
old  regulations  at  Sparta  :  for  the  Athenian  legisla- 
tor, as  he  tells  us,  did  not  allow  a  woman,  unless 
she  were  an  eiriKlnpoc,  to  have  any  fyepvfi  or  dower, 
except  a  few  clothes  and  articles  of  household  fur- 
niture.    It  is  plain,  however,  that  such  an  interfe- 
rence with  private  rights  could  not  be  permanent ; 
and,  accordingly,  we  find  that,  in  after  times,  the 
dowers  of  women  formed,  according  to  the  account 
in  Bockh,7  a  considerable  part  of  the  movable  prop- 
erty of  the  state  :  "  even  with  poor  people  they  va- 
ried in  amount  from  ten  to  a  hundred  and  twenty 
minas.     The  daughter  of  Hipponicus  received  ten 
talents  at  her  marriage,  and  ten  others  were  prom- 
ised her."    This,  however,  was  a  very  large  por- 
tion, for  Demosthenes8  informs  us  that  even  five 
talents  wrere  more  than  was  usually  given,  and  Lu- 
cian9  also  speaks  of  the  same  sum  as  a  large  dowry. 
The  daughters  of  Aristeides  received  from  the  state, 
as  a  portion,  only  thirty  minas  each.10    We  may  ob- 
serve, too,  that  one  of  the  chief  distinctions  between 
a  wife  and  a  Tra^Aa/c^  consisted  in  the  former  having 
a  portion,  whereas  the  latter  had  not ;  hence  per- 
sons who  married  wives  without  portions  appear  to 
have  given  them  or  their  guardians  an  dfioloyia 
npotKoc,11  or  acknowledgment  in  writing,  by  which 
the  receipt  of  a  portion  was  admitted.    (Vid.  Con- 
cubixa.)    Moreover,  poor  heiresses  (tuv  tTUKXr/puv 
oaat  driTiKov  te?>qvciv)  were  either  married  or  por- 
loned  by  their  next  of  kin  (vid.  Archon),  accord- 
ing to  a  law  which  fixed  the  amount  of  portion  to  be 
riven  at  five  minas  by  a  Pentacosiomedimnus,  three 
)y  a  Horseman,  and  one  and  a  half  by  a  Zeugites.12 
(n  illustration  of  this  law,  and  the  amount  of  por- 
.ion,  the  reader  is  referred  to  Terence,  who  says,13 

"  Lex  est  ut  orbce,  qui  sint  genere  proximi 
lis  nubant ;" 
and  again, 

"  Ilidem  ut  cognata  si  sit,  id  quod  lex  jubet, 
Dotem  dare,  abduce  hanc  :  minas  quinque  accipe."1* 

We  will  now  state  some  of  the  conditions  and 
obligations  attached  to  the  receipt  of  a  portion,  or 
Trpoi^,  in  the  time  of  the  Athenian  orators.  The 
most  important  of  these  was  the  obligation  under 
which  the  husband  lay  to  give  a  security  for  it,  ei- 
ther by  way  of  settlement  on  the  wife,  or  as  a  pro- 
vision for  repayment  in  case  circumstances  should 
arise  to  require  it.  With  regard  to  this,  we  are  told 
that,  whenever  relatives  or  guardians  gave  a  woman 
a  portion  on  her  marriage,  they  took  from  the  hus- 
band, by  way  of  security,  something  equivalent  to  it, 
as  a  house  or  piece  of  land.     The  person  who  gave 


1.  (II.,  vi.,  394.-0(1.,  xxiv  ,  294.)— 2.  (Od.,  ii.,  132.)— 3.  (Dor., 
iii.,  10.)— 4.  (Plut.,  Lys.,  30.)— 5.  (Polit.,  ii.,  6,  t>  10.)— 6.  (Vit. 
Solon.)— 7.  (Pub.  Econ.  of  Athens.,  ii.,  283,  transl.)— 8.  (c. 
Steph.,  1112,  19,  and  1124,  2.)— 9.  (Dial.  Meretr.,  p.  298,  ed. 
Reitz.)— 10.  (Plat.,  Aris.,  27.— ^Esch.,  c.  Ctes.,  p.  90.)— 11.  (Isae- 
ti8,  De  Pyr.  Hcred.,  p.  41.)— 12.  (Demosth.,  c.  Macar..  1068  ^— 
13.  (Phonn.,  II.,  i.,  75.)— 14.  (II..  ii.,  62.) 


this  equivalent  (To  airorifnflic)  was  said  uironftpv : 
the  person  who  received  it,  a-n-oriuacb  at.1  The 
word  aizoTLfirjiia  is  also  used  generally  for  a  securi 
ty.2  The  necessity  for  this  security  will  appeal 
from  the  fact  that  the  portion  was  not  considered 
the  property  of  the  husband  himself,  but  rather  of 
his  wife  and  children.  Thus,  if  a  husband  died, 
and  the  wife  left  the  family  (air&nre  rbv  ohov),  she 
might  claim  her  portion,  even  though  children  had 
been  born ;'  and  in  the  event  of  a  wife  dying  with- 
out issue,  her  portion  reverted  to  the  relatives  who 
had  given  her  in  marriage  (oi  nvpioi)  and  portioned 
her.4  The  portion  was  also  returned  if  a  husband 
put  away  his  wife,  and  in  some  cases,  probably  set- 
tled by  law,  when  a  woman  left  her  husband.5 

That,  after  the  death  of  the  wife,  her  portion  be- 
longed to  her  children,  if  she  had  left  any,  may  be 
inferred  from  Demosthenes  ;8  if  they  were  minors, 
the  interest  was  set  apart  for  their  education  and 
maintenance.  When  the  husband  died  before  the 
wife,  and  she  remained  in  the  family  ({ievovcnc  ev 
tCj  olku),  the  law  appears  to  have  given  her  portion 
to  her  sons,  if  of  age,  subject,  however,  to  an  allow  • 
ance  for  her  maintenance.7 

If  the  representatives  of  the  deceased  husband 
(ol  rbv  Kkripov  exovrec)  wrongfully  withheld  her  por- 
tion from  his  widow,  her  guardians  could  bring  an 
action  against  them  for  it,  as  well  as  for  alimonv 
(dinn  npoLnbe  koc  oltov6).  Moreover,  if  a  husband, 
after  dismissing  his  wife,  refused  to  return  her  por- 
tion, he  might  be  sued  for  interest  upon  it  as  well 
as  the  principal :  the  former  would,  of  course,  be 
reckoned  from  the  day  of  dismissal,  and  the  rate 
was  fixed  by  law  at  nine  oboli  for  every  mina,  or 
about  18  per  cent.  The  guardians  were  farther  au- 
thorized by  the  same  law  to  bring  an  action  for  ali 
mOny  in  the  Qidelov.9  We  may  add  that  a  o7/cjj 
irpoiKog  was  one  of  the  e/x/uvvoi  dinat,  or  suits  that 
might  be  tried  every  month.10 

DOS  (ROMAN).  Dos  (res  uxoria)  is  everything 
which,  on  the  occasion  of  a  woman's  marriage,  was 
transferred  by  her,  or  by  another  person,  to  the  hus- 
band, or  to  the  husband's  father  (if  the  husband  waa 
in  his  father's  power),  for  the  purpose  of  enabling 
the  husband  to  sustain  the  charges  of  the  marriage 
state  (onera  matrimonii).  All  the  property  of  the 
wife  which  was  not  made  dos,  or  was  not  a  dona- 
tio propter  nuptias,  continued  to  be  her  own,  and 
was  comprised  under  the  name  of  parapherna.  The 
dos,  upon  its  delivery,  became  the  husband's  proper 
ty,  and  continued  to  be  his  so  long  as  the  marriage 
relation  existed.  All  things  that  could  be  objects 
of  property  (vid.  Dominium),  as  well  as  a  jus  in  re, 
and,  in  fact,  anything  by  which  the  substance  of  the 
husband  could  be  increased,  might  be  the  objects  of 
dos.  Any  person  who  had  a  legal  power  to  dispose 
of  his  property  could  give  the  dos  ;  but  the  dos  was 
divided  into  two  kinds,  dos  profecticia  and  dos  ad- 
venticia,  a  division  which  had  reference  to  the  de- 
mand of  the  dos  after  the  purposes  were  satisfied 
for  which  it  was  given.  That  dos  is  profecticia 
which  was  given  by  the  father  or  father's  father  of 
the  bride  ;  and  it  is  profecticia,  even  if  the  daughter 
was  emancipated,  provided  the  father  gave  it  as 
such  (ut  parens).  All  other  dos  is  adventicia.  The 
dos  recepticia  was  a  species  of  dos  adventicia,  and 
was  that  which  was  given  by  some  other  person 
than  the  father  or  father's  father,  on  the  considera« 
tion  of  marriage,  but  on  the  condition  that  it  should 
be  restored  on  the  death  of  the  wife.     The  giving 


1.  (Harpocrat.,  s.  v — Demosth.,  c.  Cmet.,  p.  886.)— 2.  (Poll., 
Onom.,  viii.,  142.)— 3.  (Demosth.,  Boeot.  De  Dot.,  1010.)— 4 
(Isjeus,  De  Ciron.  Hered.,  69.— De  Pyr.  Hered.,  41.)— 5.  (De 
Pyr.  Hered.,  45.)— 6.  (c.  Boeot.  De  Dot.,  p.  1023  and  1026.)— 
7.  (Id.,  c.  Phaen.,  p.  1047.)— 8.  (Isebus,  De  Pyr.  Hered.,  p.  45.  ~ 
Hudtwalcker,  Diaet.,  note  84  )— 9.  (Demosth.,  c.  Neasr.,  p.  1362.) 
—10.  (Pollux,  Onom.,  viii..  63,  101.) 

379 


DOS. 


DRACHMA. 


or  the  dos  depended  on  the  will  of  the  giver ;  but 
certain  persons,  such  as  a  father  and  father's  fa- 
ther, were  bound  to  give  a  dos  with  a  woman  when 
she  married,  and  in  proportion  to  their  means.  The 
dos  might  be  either  given  at  the  time  of  the  mar- 
riage, or  there  might  be  an  agreement  to  give.  The 
technical  words  applicable  to  the  dos  were  dare,  di- 
cere,  promittere.  Any  person  was  competent  dare, 
promittere.  The  word  dicere  was  applied  to  the 
woman  who  was  going  to  marry,  who  could  prom- 
ise all  property  as  dos,  but  the  promise  was  not 
binding  unless  certain  legal  forms  were  observed 
(non  debcri  viro  dotem,  quam  nullo  auctore  dixisset1). 
An  example  of  a  promissio  dotis  occurs  in  Plautus.2 
As  the  dos  became  the  husband's  property,  he  had 
a  right  to  the  sole  management,  and  to  the  fruits  of 
it ;  in  fact,  he  exercised  over  it  all  the  rights  of 
ownership,  with  the  exception  hereafter  mentioned. 
He  could  dispose  of  such  parts  of  the  dos  as  con- 
sisted of  things  movable  ;  but  the  Julia  lex  (de 
adulteriis)  prevented  him  from  alienating  such  part 
of  the  dos  as  was  land  {fundus  dotalis,  dotalia  pra- 
dia;3  dotales  agri*)  without  his  wife's  consent,  or 
pledging  it  with  her  consent.5  The  legislation  of 
Justinian  prevented  him  from  selling  it  also,  even 
with  the  wife's  consent,  and  it  extended  the  law  to 
provincial  lands. 

The  husband's  right  to  the  dos  ceased  with  the 
marriage.  If  the  marriage  was  dissolved  by  the 
death  of  the  wife,  her  father  or  father's  father  (as 
the  case  might  be)  was  entitled  to  recover  the  dos 
profecticia,  unless  it  had  been  agreed  that  in  such 
case  the  dos  should  belong  to  the  husband.  The 
dos  adventicia  became  the  property  of  the  wife's 
heirs,  unless  the  person  who  gave  it  had  stipulated 
that  it  should  be  returned  to  him  (dos  reccpticia). 
The  dos  could  be  claimed  immediately  upon  the 
dissolution  of  the  marriage,  except  it  consisted  of 
things  quae  numero,  &c,  for  which  time  was  al- 
lowed.6 

In  the  case  of  divorce,  the  woman,  if  she  was  sui 
juris,  could  bring  an  action  for  the  restitution  of 
the  dos  ;  if  she  was  in  the  power  of  her  father,  he 
brought  the  action  jointly  with  his  daughter.  ( Vid. 
Divortium.) 

The  dos  could  not  be  restored  during  the  mar- 
riage, for  this  was  contrary  to  a  positive  rule  of  law. 
(Vid.  Donatio  inter  virum  et  uxorem.)  Yet,  in 
the  case  of  the  husband's  insolvency,  the  wife  could 
demand  back  her  dos  during  the  marriage.  In  cer- 
tain cases,  also,  the  husband  was  permitted  to  re- 
store the  dos  during  the  marriage,  and  such  resto- 
ration was  a  good  legal  acquittance  to  him :  these 
excepted  cases  were  either  cases  of  necessity,  as 
the  payment  of  the  wife's  debts,  or  the  sustentation 
of  near  kinsfolks.7 

What  should  be  returned  as  dos  depended  on  the 
fact  of  what  was  given  as  dos.  If  the  things  given 
were  ready  money,  or  things  estimated  by  quantity, 
&c,  the  husband  must  return  the  like  sum  or  the 
like  quantity.  If  the  things,  whether  movable  or 
immovable,  were  valued  when  they  were  given  to 
the  husband  (dos  cestimata),  this  was  a  species  of 
sale,  and  at  the  end  of  the  marriage  the  husband 
must  restore  the  things  or  their  value.  If  the 
things  were  not  valued,  he  must  restore  the  spe- 
cific things,  and  he  must  make  good  all  loss  or  de- 
terioration which  had  happened  to  them  except  by 
accident.  But  the  husband  was  entitled  to  be  re- 
imbursed for  all  necessary  expenses  (impensae  ne- 
cessaries) ;  as,  for  instance,  necessary  repairs  of 
houses  incurred  by  him  in  respect  of  his  wife's 


1.  (Cic,  Pro  Caecin.,  c.  25. — Compare  Pro  Flacc,  c.  34,  35, 
and  Ulp.,  Frag.,  xi.,  20.)— 2.  (Trinumm.,  v.,  2.)— 3.  (Cic,  Ep.  ad 
Att.,  xv.,  20.)— 4.  (Hor.,  Ep.,  I.,  i.,  21.)— 5.  (Gaius,  ii.,  63.— Inst., 
ii.,  8.) — 6.  (Ulp.,  Frag.,  vi.,  s.  8  ;  but  compare  Cod.  v.,  tit.  13,  s. 
Tl.) — 7.  (Zeitschrift,  &c  ,  v.,  d.  311,  essay  by  Hasse.) 
380 


property,  and  also  for  all  outlays  by  which  he  had 
improved  the  property  (impensce  utiles). 

The  husband's  heirs,  if  he  were  dead,  were  bound 
to  restore  the  dos.  The  wife's  father,  or  the  sur- 
viving wife,  might  demand  it  by  an  actio  ex  stipu- 
latu  de  dote  reddenda,  which  was  an  actio  stricti 
juris,  if  there  was  any  agreement  on  the  subject ; 
and  by  an  actio  rei  uxoriae  or  dotis,  which  was  an 
actio  bonae  fidei,  when  there  was  no  agreement. 
A  third  person  who  had  given  the  dos  must  always 
demand  it  ex  stipulatu,  when  he  had  bargained  for 
its  restoration.  Justinian  enacted  that  the  action 
should  always  be  ex  stipulatu,  even  when  there 
was  no  contract,  and  should  be  an  actio  bonae  fidei. 

The  wife  had  no  security  for  her  dos,  except  in 
the  case  of  the  fundus  dotalis,  unless  she  had  by 
contract  a  special  security  ;  but  she  had  some  priv- 
ileges as  compared  with  the  husband's  creditors 
Justinian  enacted  that  on  the  dissolution  of  the  mar- 
riage the  wife's  ownership  should  revive,  with  all 
the  legal  remedies  for  recovering  such  parts  of  the 
dos  as  still  existed ;  that  all  the  husband's  property 
should  be  considered  legally  pledged  (tacita  hypoth- 
eca)  as  a  security  for  the  dos ;  and  that  the  wife, 
but  she  alone,  should  have  a  priority  of  claim  on 
such  property  over  all  other  creditors  to  whom  the 
same  might  be  pledged. 

The  dos  was  a  matter  of  great  importance  in  Ro- 
man law,  both  because  it  was  an  ingredient  in  al- 
most every  marriage,  and  was  sometimes  of  a  large 
amount.  The  frequency  of  divorces  also  gave  rise 
to  many  legal  questions  as  to  dos.  A  woman  whose 
dos  was  large  (dotata  uxor)  had  some  influence  over 
her  husband,  inasmuch  as  she  had  the  power  of  di- 
vorcing herself,  and  thus  of  depriving  him  of  the 
enjoyment  of  her  property.  The  allusions  to  the 
dos  are  numerous  in  the  Roman  writers. 

It  is  a  disputed  point  whether  there  could  be  dos, 
properly  so  called,  in  the  case  of  a  marriage  with 
conventio  in  manum.     (Vid.  Marriage.)1 

DOULOS  (Sovloc).     (Vid.  Servus.) 

*DRABE  (dpddri),  Pepper  wort,  or  Lepidium  draba* 

DRACHMA  (dpaxurj),  the  principal  silver  coin 
among  the  Greeks.  The  two  chief  standards  in  the 
currencies  of  the  Greek  states  were  the  Attic  and 
iEginetan.  We  shall,  therefore,  first  speak  of  the 
Attic  drachma,  and  afterward  of  the  iEginetan. 

The  average  weight  of  the  Attic  drachma  from 
the  time  of  Solon  to  that  of  Alexander  was  665 
grains.  It  contained  about  -^th  of  the  weight  al- 
loy ;  and  hence  there  remain  654  grains  to  be  val- 
ued.   Each  of  our  shillings  contains  80-7  grains  of 

pure  silver.     The  drachma  is,  therefore,  worth  — — - 
r  80-7 

of  a  shilling,  or  9  72  pence,  which  may  be  called 
9fd.3  After  Alexander's  time,  there  was  a  slight 
decrease  in  the  weight  of  the  drachma,  till,  in  course 
of  time,  it  only  weighed  63  grains.  The  drachma 
contained  six  obols  (o6o%oi) ;  and  the  Athenians  had 
separate  silver  coins,  from  four  drachmae  to  a  quar- 
ter of  an  obol.  Among  those  now  preserved,  the 
tetradrachm  is  commonly  found ;  but  we  possess 
no  specimens  of  the  tridrachm,  and  only  a  few  of 
the  didrachm.  Specimens  of  the  tetrobolus,  triobo- 
lus,  diobolus,  three  quarter  obol,  half  obol,  and  quar 
ter  obol,  are  still  found.  The  following  table,  taken 
from  Hussey,  gives  the  value  in  English  money  of 
the  Athenian  coins,  from  a  quarter  obol  to  a  tetra- 
drachm : 

Pence.         Farth. 

\  Obol 1625 

£  Obol 3-25 

Obol 1         2-5 

1.  (Hasse,  Rhein.  Mus.,  ii.,  75. — Compare  Ulp.,  Frag-.,  vi.— 
Dig.  23,  tit.  3.— Cod.  v.,  tit.  12.)— 2.  (Dioscor.,  iii.,  186.)— J 
(Husse)',  Ancient  Weights  and  Money,  p  47,  48  ) 


DRACHMA. 


DRACO. 


Shill.      Pence.     Farth. 

Diobolos 3        1 

Triobolus 4        35 

Tetrobolus 6        2 

Drachma 9        3 

Didrachm 1         7        2 

Teti^drachm 3        3 

The  mina  contained  100  drachma?,  and  was,  con- 
sequently, equal  to  41.  Is.  2d.  ;  and  the  talent  60 
ininae,  and  was  thus  equal  to  243/.  15s.  Od.  Re- 
specting the  value  of  the  different  talents  among 
the  Greeks,  vid.  Talent. 

The  tetradrachm  in  later  times  was  called  sta- 
ter j1  but  it  has  been  doubted  whether  it  bore  that 
name  in  the  flourishing  times  of  the  Republic.8  We 
know  that  stater,  in  writers  of  that  age,  usually  sig- 
nifies a  gold  coin,  equal  in  value  to  twenty  drachmae 
{vid.  Stater)  ;  but  there  appear  strong  reasons  for 
believing  that  the  tetradrachm,  even  in  the  age  of 
Thucydxles  and  Xenophon,  was  sometimes  called 
by  this  name.3 

The  obolos,  in  later  times,  was  of  bronze  ;*  but  in 
the  best  times  of  Athens  we  only  read  of  silver  obols. 
The  xa^K°v£  was  a  copper  coin,  and  the  eighth  part 
ofanobol.     (Vid.  &s,  p.  30.) 

The  Attic  standard  was  used  at  Corinth,  Cyrene, 
and  Acanthus,  and  in  Acarnania,  Amphilochia,  Leu- 
cadia,  Epirus,  and  Sicily ;  it  was  the  standard  of 
Philip's  gold,  and  was  introduced  by  Alexander  for 
silver  also.  The  ^Eginetan  standard  appears  to 
have  been  used  in  Greece  in  very  early  times.  Ac- 
cording to  most  ancient  writers,  money  was  first 
coined  at  ^Egina  by  order  of  Pheidon  of  Argos  (vid. 
Argentu*)  ;  and  the  ^Eginetan  standard  was  used 
in  almost  all  the  states  of  the  Peloponnesus,  with 
the  exception  of  Corinth.  It  was  also  used  in  Bceo- 
tia,  and  in  some  other  parts  of  northern  Greece, 
though  the  Attic  standard  prevailed  most  in  the 
maritime  and  commercial  states. 


ATHENIAN    DRACHMA.       BRITISH    MUSEUM. 
ACTUAL    SIZE. 

The  average  weight  of  the  ^Eginetan  drachma, 

calculated  by  Mr.  Hussey6  from  the  coins  of  iEgina 

and  Bceotia,  was  96  grains.     It  contains  about  ^d 

part  of  the  weight  alloy.     Hence  its  value  is  93 

93 
grains  of  pure  silver,  or,  as  before,  — —  of  a  shilling ; 

80-7 

that  is,  Is.  Id.  32  farthings.     The  largest  coin  of 

the  ^Eginetan  standard  appears  to  have  been  the 

didrachm,  and  the  values  of  the  different  coins  of 

this  standard  are  as  follow : 

Shill.     Pence.  Farth. 

£  Obol 1  0583 

Obol 2  1-166 

Diobolus    ....  4  2-33 

Triobolus 6  2-5 

Drachma 1  3 

Didrachm 2        3  2 

The  proportion  of  the  ^Eginetan  drachma  to  the 
Attic,  according  to  the  value  given  above,  is  as  93 
to  654,  or  as  4- 18  to  3  nearly.  According  to  Pol- 
lux, however,  the  proportion  was  5  to  3  ;  for  he 
states6  that  the  iEginetan  drachma  was  equal  to  10 

1.  (Phot.,  s.  v.  "Zrarrjp. — Hesych.,  s.  v.  T^avKeg  AavpiwriKai. 
— Matth.,  xxvii.,  27.)— 2.  (Hussey,  Ibid.,  p.  49.)— 3.  (Thucyd., 
m.,  70,  with  Arnold's  note.— Xen.,  Hell.,  V.,  ii.,  $  22.)— 4.  (Lu- 
cian,  Contempl.,  11.,  vol.  i.,  p.  504,  ed.  Reiz.)— 5  tp.  59,  60.)— 
«    (ix..  76,  86.) 


Attic  obols,  and  that  the  JSginetan  talent  contained 
10,000  Attic  drachmae.  His  authority,  however, 
cannot  be  of  any  weight  against  the  evidence  of  ex- 
isting coins  ;  for  the  comparative  value  of  ^Egine- 
tan  and  Attic  money  is  a  plain  fact,  which  can  be 
proved  by  experiments.  But,  as  Mr.  Hussey  re- 
marks,1 Pollux,  "  when  he  speaks  of  the  Attic 
drachmae,  does  not  mean  the  money  of  the  full 
weight,  which  was  coined  in  the  time  of  Pericles  en 
Xenophon,  but  such  as  passed  for  Attic  in  the  Au- 
gustan and  following  ages,  namely,  the  Roman  dena- 
rius ;  and  this,  too,  not  of  the  earliest  standard,  at 
the  rate  of  60  or  61  grains,  but  as  it  was  coined 
when  the  weight  had  been  reduced  to  |th  of  the  Ro- 
man ounce,  or  about  53  grains."     {Vid.  Denarius  l 


.ffiGINETAN    DRACHMA.        BRITISH    MUSEUM. 
ACTUAL    SIZE. 

The  Attic  and  iEginetan  were,  as  already  re- 
marked, the  chief  standards  of  money  in  Greece : 
but  there  was  a  third  standard  used  to  some  ex- 
tent, namely,  that  of  the  early  coinage  of  Macedon, 
which  was  also  adopted  by  the  Greek  kings  of 
Egypt.  The  average  weight  of  the  Macedonian 
drachma  was  1094  grains  ;  and,  assuming  the 
same  quantity  of  alloy  as  in  the  iEginetan  drachmae, 
it  would  be  worth  in  our  money  Is.  3d.  28  far- 
things, or  very  nearly  Is.  3f<Z.  It  has  been  sup- 
posed, however,  by  some  writers,  that  this  drachma 
was  in  reality  a  didrachm ;  but  the  existence  of 
large  silver  coins  of  four  times  this  weight  is  an  ar- 
gument for  believing  it  to  be  the  drachma,  as  we  do 
not  find  any  notice  of  eight-drachmae  pieces. 

As  the  Romans  reckoned  in  sesterces,  so  the 
Greeks  generally  reckoned  by  drachmae  ;  and  when 
a  sum  is  mentioned  in  the  Attic  writers  without 
any  specification  of  the  unit,  drachmae  are  usually 
meant.3 

DRACO.     I.  (Vid.  Signa  Militaria.) 

*IL,  or  dp&Kwv xepvatog, the  Land  Dragon.  "All 
the  classical  authors,"  observes  Adams,  M  speak  of 
the  Land  Dragon  as  being  a  most  formidable  ani- 
mal, and  of  immense  bulk,  some  say  50,  some 
60,  and  some  80  cubits  in  length.  St.  Augustine 
calls  him  the  largest  animal  upon  the  face  of  the 
earth.  Two  species  are  described ;  one  with  wings, 
and  the  other  without  wings."  These  accounts  but 
ill  agree  with  the  following  description  of  the  Draco 
volans,  L.,  by  M.  l'Abbe  Bonnaterre :  "  Le  plus  grand 
des  individus  qu'on  conserve  au  Cabinet  du  Roi  a 
huit  pouces  deux  lignes  de  longueur  totale.  II  est 
doux,  foible,  tranquille,  c'est  le  moins  a  craindre 
de  tous  les  reptiles.  Pourra-t-on  se  persuader  que 
c'est  Dragon  a  plusieurs  tetes,  qui  reunissoit  1'agil 
ite  de  l'aigle,  la  force  de  lion,  qui  vomissoit  des 
flammes,  et  dont  les  anciens  nous  ont  fait  un  pein- 
ture."3  Buffon  also  calls  it  the  flying  Lizard,  a 
little  harmless  animal  that  only  preys  on  insects. 
I  cannot  help  thinking,  however,  that  the  extraordi- 
nary stories  of  antiquity  regarding  the  Dragon  must 
have  had  their  origin  in  the  exaggerated  reports  of 
travellers  about  the  Boa  Constrictor.  I  shall  point 
out  one  circumstance  which  leads  forcibly  to  this 
conclusion.  ^Elian  gives  an  account  of  a  Dragon 
of  extraordinary  size,  namely,  70  cubits  long,  which 
Alexander  the  Great  saw  in  India,  and  which  was 
kept  as  an  object  of  worship.     The  poet  Nonnus, 

1.  (p.  32.)— 2.  (Bockh,  Pub.  Econ.  of  Athens,   i.,  p.  25 )— 3 
(Encyc.  Method.,  lib.  xxxiii.,  61.) 


DROMEDARIUS. 


DUPLICARII 


alsa  repeatedly  connects  the  Dragon  with  the  In- 
dian worship  of  Bacchus.1  Now  it  is  known  that 
the  Boa  is  worshipped  even  to  this  day  in  some  parts 
of  Hindustan.  Still  farther,  if  the  reader  will  com- 
pare the  descriptions  of  the  Ethiopian  dragons  giv- 
en by  JElian2  and  Philo3  with  the  stories  which 
Pliny4  and  Diodorus  Siculus5  tell  of  serpents,  he 
will  readily  perceive  that  they  are  all  referable  to 
the  great  Boa.  Another  argument  in  favour  of  this 
opinion  may  be  drawn  from  the  famous  group  of 
the  "  Laocoon"  in  the  Vatican.  It  must  strike  every 
person  who  has  seen  a  model  of  it,  that  the  immense 
serpents  which  are  coiled  around  the  human  figures 
represent  Boas.  Now  these  serpents  are  called 
"  dracones"  by  Pliny6  in  describing  the  group,  and 
by  Virgil7  in  his  relation. of  the  event  which  forms 
the  subject  of  it.  Lord  Byron,8  by-the-way,  is  sin- 
gularly unfortunate  in  calling  the  serpent  of  the  Lao- 
coon an  "  asp,"  since  the  asp  was  a  comparatively 
small  reptile,  and  is  said  by  Nicander  and  other 
toxicologists  to  despatch  its  victim  without  pain. 
But  the  following  passage  in  Jerome's  life  of  Hi- 
larius  puts  the  identity  of  the  Dragon  and  the  Boa 
beyond  dispute  :  "  Siquidem  Draco,  mirae  magnitu- 
des, quos  gentili  nomine  Boas  vocant,  ab  eo  quod 
tarn  grandes  sint  ut  boves  glutire  soleant,  omnem 
late  vastabat  provinciam,"9  &c.  In  confirmation  of 
he  theory  which  is  here  sought  to  be  established, 
he  reader  is  referred  to  the  remarks  of  Griffith  in 
his  edition  of  Cuvier.  It  may  be  stated  with  re- 
gard to  the  etymology  of  the  term  Boa,  that,  ac- 
cording to  some  of  the  ancient  writers,  this  serpent 
was  so  called  from  its  habit  of  following  the  hinds, 
in  order  to  fasten  itself  to  the  teats  of  cows  and 
suck  their  milk  ("  bourn  lacte  delectantur").  The 
so-called  boas  of  the  Eastern  continent  belong  prop- 
erly to  the  genus  Python.10 

*DRAC0NT1UM  (dpanovnov),  a  plant  answer- 
ing, according  to  Fuchsius,  Dodoneeus,  Sprengel, 
and  other  botanical  authorities,  to  the  Arum  Dra- 
8x,nculus,  or  Dragon  herb.  "  It  is  the  rdpxcov  of 
Simeon  Seth.  The  dpatcovriov  erepov  is  the  Arum 
Italicum,  Lam.,  according  to  Sprengel.  Stackhouse 
makes  the  dpatcovriov  of  Theophrastus  to  be  the 
Arum  maculatum,  or  spotted  Wake-robin."11 

*DREP'ANIS  (dpsTravic),  the  name  of  a  bird  inci- 
dentally mentioned  by  Aristotle  and  Pliny.  Ac- 
cording to  Gaza  and  Scaliger,  it  is  the  same  with 
the  Reed-sparrow  ;  but  this  opinion  is  rejected  by 
Hardouin.  Schneider  is  inclined  to  rank  it  under 
the  genus  Procellaria  of  Linnaeus,  called  in  English 
the  Petrel,  or  Sea-swallow.12 

*DROMEDAR'IUS,  the  Dromedary,  or  Camelus 
Dromedarius,  L.  This  is  the  Arabian  Camel  (Ka.fi- 
rjlog  'Apa6cog,  Aristot.  ;  Camelus  Arabia,  Plin.), 
having  only  one  hunch,  the  Bactrian  having  two. 
Strictly  speaking,  however,  the  Dromedary  is  only 
a  breed  of  the  one-hunch  kind.  The  name  is  of 
Greek  origin,  and  refers  to  the  fleetness  of  the  ani- 
mal (dpouoe.,  "a  race").  The  one-hunch  species 
extends  from  the  foot  of  Caucasus  over  Persia  and 
Turkey,  Arabia,  northern  Africa,  and  India.  (Vid. 
Camelus.)  Those  of  Turkey  are  the  strongest,  and 
best  suited  for  burden ;  those  of  Arabia  and  Bom- 
bay the  lightest ;  and  those  of  India,  where  there 
are  breeds  for  both  purposes  constantly  supplied  by 
fresh  importations  from  the  northwest,  are  yet 
probably  inferior  in  their  class  to  those  more  in 
the  vicinity  of  their  original  climate.13 

1.  (Dionys.,  xi.,  59;  ix.,  14,  &c.)— 2.  (N.  A.,  ii,  21.)— 3. 
to.  66.)— 4.  (H.  N.,  viii.,  14.)— 5.  (iii.,  10,  37.)— 6.  (H.  N., 
sutxvi.,  4  )— 7.  (Mn.,  ii.,  225.)— 8.  (Childe  Harold,  i  v.,  160.)— 
9.  (Adams,  Append.,  s.  v.) — 10.  (Griffith's  Cuvier,  vol.  ix.,  p. 
327,  scqq.)— 11.  (Theophrast.,  H.  P.,  ix.,  22.— Dioscor.,  ii.,  195. 
— Paul.  JEgin.,  vii.,  3. — Adams,  Append.,  s.  v.) — 12.  (Aristot., 
If.  A.,  i.,  1.— Plin.,  II.  N.,  xi.,  107. — Adams,  Appendix,  s.  v.)  — 
13.  (Griffith's  Cuvier,  vol.  iv.,  p.  49.) 
382 


*DRYTNUS  (dpvivoc),  a  species  of  serpent,  so 
called  from  its  lodging  in  the  hollows  of  oaks  (dpve, 
"  an  oak").  According  to  Nicander,1  it  was  also 
called  x&vdpoc,  an  appellation  given  it  because  its 
scales  are  rough  like  those  of  a  tortoise  (x&vc, 
"  a  tortoise").  Sprengel  supposes  it  to  be  the  Colu- 
ber libertinus.  Gesner  says  it  is  called  in  English 
the  Sea-snail.2 

*DRYOCALAPTES  (dpvoKaMTzrnc),  the  Picus, 
or  Woodpecker.  "  About  the  three  species  de- 
scribed by  Aristotle,"3  remarks  Adams,  "  there  is 
considerable  doubt.  The  first  two  would  appear  to 
be  the  Picus  Martius,  L.,  or  the  black  Woodpecker  ; 
and  the  Picus  viridis,  the  green  Woodpecker,  or 
Popinjay.  That  the  largest  species  is  the  Picus 
major,  or  Whitwall,  has  been  conjectured,  but  can- 
not be  affirmed  with  certainty.  .The  dpvoip  of  Aris- 
tophanes was  most  probably  the  Picus  viridis."* 

*DRYOPT'ERIS  (dpyonreptc),  according  to 
Sprengel,  the  Polypodium  dryopleris,  or  Oak -fern. 
Dierbach,  however,  holds  that  the  Asplenium  adian- 
tum  nigrum  is  also  comprehended  under  it.5 

*DRYPIS  (dpviric),  according  to  Sprengel  and 
Stackhouse,  the  Drypis  spinosa.  Schneider,  how- 
ever, has  doubts.6 

*DRYS  (Spvg),  the  Oak.     (Vid.  Quercus.) 

DUCENARII,  the  name  of  various  officers  and 
magistrates,  of  whom  the  principal  were  as  fol- 
low : 

I.  Ducenarii  was  the  name  given  to  the  Roman 
procuratores,  who  received  a  salary  of  200  sester- 
tia.  Dion  Cassius7  says  that  the  procuratores  first 
received  a  salary  in  the  time  of  Augustus,  and  that 
they  derived  their  title  from  the  amount  of  their 
salary.  We  thus  read  of  centenarii,  trecenarii,  &c., 
as  well  as  of  ducenarii.8  Claudius  granted  to  the 
procuratores  ducenarii  the  consular  ornaments.9 

II.  Ducenarii  formed  a  class  or  decuria  of  judi- 
ces,  and  were  first  established  by  Augustus.10  They 
wrere  so  called  because  their  property,  as  valued  in 
the  census,  only  amounted  to  200  sestertia.  They 
appear  to  have  tried  causes  of  small  importance.11 

III.  Ducenarii  were  in  later  times  officers  who 
commanded  two  centuries,  and  who  held  the  same 
rank  as  the  primi  hastati  in  the  ancient  legion.18 

DUCENTE'SIMA  was  a  tax  of  half  per  cent, 
upon  all  things  sold  at  public  auctions.  The  cente- 
sima,  or  tax  of  one  per  cent.,  was  first  established 
by  Augustus,13  and  was  reduced  to  half  per  cent,  by 
Tiberius.1*  The  tax  was  abolished  altogether  by 
Caligula  as  far  as  Italy  was  concerned,15  whence 
we  find  on  some  of  the  coins  of  this  emperor  the 
letters  R.  C  C,  that  is,  Remissa  Ducentesima.  On 
one  of  his  coins,  preserved  in  the  British  Museum, 
we  find  on  the  obverse,  C.  C^sar.  Divi.  Aug. 
Pron.  Aug.,  and  S.  C.  in  the  centre  with  the  cap  of 
liberty ;  and  on  the  reverse,  Pon.  M.  Tr.  P.  III.  P. 
P.  Cos.  Des.  III.,  and  in  the  centre  R.  C  C.  These 
last  three  letters  have  been  interpreted  by  some 
writers  to  mean  Rei  Censiia  Conservator ;  but  there 
can  be  no  doubt  that  the  interpretation  given  above 
is  the  correct  one.16 

DUPLICA'RII  were  soldiers  who  received  double 
pay  or  double  allowance  for  their  services.17  They 
are  frequently  mentioned  in  inscriptions,18  but  more 
commonly  under  the  name  of  duplarii.19  In  one  in- 

1.  (Nicand.,  Ther.,411.)— 2.  (Adams,  Append.,  s.  v.)— 3.  (H. 
A.,  viii.,  5.) — 4.  (Aristoph.,  Aves,  305. — Adams,  Append.,  s.  v.) 
—5.  (Dioscor.,  iii.,  186. — Galen,  De  Simpl.,  vi. — Adams,  Ap- 
pend., s.  v.)— 6.  (Theophrast.,  H.  P.,  i.,  10.)— 7.  (liii.,  15.)- 8. 
(Vid.  Capitolin.,  Pertin.,  2.  —  Orelli,  Inscrip.,  No.  946.)—  9. 
(Suet.,  Claud.,  24.)— 10.  (Suet.,  Octav.,  32.)— 11.  (Rein,  da* 
Rom.  Privatrecht,  p.  413.)  — 12.  (Veget.,  ii.,  8.— Orelli,  In- 
scrip., No.  3444.)— 13.  (Tacit.,  Ann.,  i.,  78.)— 14  (1.  c,  ii.,  42.) 
—15.  (Suet.,  Cal.,  16.)— 16.  (Vid.  Eckhel,  Doctr.  Num.,  vi.,  p. 
224.— Orelli,  Inscrip.,  No.  701.)— 17.  (Varro,  De  Ling.  Lat.,  v., 
90,  ed.  Muller.— Liv.,  ii.,  59.— Orelli,  No.  3535.)— 18.  (Orelli, 
Nos.  3533,  4994.)— 19.  (Orelli,  Nos.  3531,  3535.  34"6, 3481,  &c. 


ECHENEIS. 


ECCLESIA. 


Bcription  the  form  duplicarius  occurs.1  Vegetius" 
calls  them  duplares  milites. 

DUPLICATIO.     (Vid.  Actio,  p.  19.) 

DUPO'NDIUS.     {Vid.  As,  p.  111.) 

DUUMVIRI,  or  the  two  men,  the  name  of  various 
magistrates  and  functionaries  at  Rome,  and  in  the 
coloniae  -and  municipia.  In  inscriptions  we  also 
meet  with  the  form  duomvires3  and  duovir.* 

I.  Duumviri  Juri  Dicundo  were  the  highest  ma- 
gistrates in  the  municipal  towns.  {Vid.  Colonia, 
p.  282.) 

II.  Duumviri  Navales  were  extraordinary  magis- 
trates, who  were  created,  whenever  occasion  re- 
quired, for  the  purpose  of  equipping  and  repairing 
the  fleet.  They  appear  to  have  been  originally 
appointed  by  the  consuls  and  dictators,  but  were 
first  elected  by  the  people  B.C.  31 1.6 

III.  Duumviri  Perduellionis.  (Vid.  Perduel- 
ijo.) 

IV.  Duumviri  Quinquennales  were  the  censors 
in  the  municipal  towns,  and  must  not  be  confound- 
ed with  the  duumviri  juri  dicundo.  (Vid.  Colonia, 
p.  283.) 

V.  Duumviri  Sacrorum  originally  had  the  charge 
of  the  Sibylline  books.  Their  duties  were  after- 
ward discharged  by  the  decemviri  sacris  faciundis. 
[Vid.  Decemviri,  p.  340.) 

VI.  Duumviri  were  also  appointed  for  the  pur- 
pose of  building  or  dedicating  a  temple.6 

E. 

*EB'ENUS  (ef>evoc),  Ebony.  According  to  Vir- 
gil,7 India  was  the  only  country  that  produced  it. 
Dioscorides,9  however,  remarks,  that  it  grows  also 
in  Ethiopia ;  and  there  is  a  passage  in  Herodotus9  in 
which  Ebony  is  spoken  of  among  the  articles  of 
tribute  paid  by  the  Ethiopians  to  the  king  of  Persia. 
Either,  therefore,  the  name  of  Ethiopia  is  to  be 
taken  in  a  very  general  sense  for  the  country  of 
sun-burned  races,  and  may  consequently  include  In- 
dia, or  else  Virgil  is  in  error.  Notwithstanding  the 
numerous  botanists  who  have  travelled  into  India, 
Te  have  not  been  able,  until  recently,  to  deter- 
mine to  what  tree  the  Ebony  was  to  be  assigned. 
It  is  now  certain  that  it  is  one  of  the  genus  Diospy- 
rus.  A  work  on  the  Materia  Medica,  published  at 
Madras,10  says  that  Ebony  is  the  wood  of  a  tree 
called  in  the  Tamoul  language  Atcha  maroum,  which 
grows  abundantly  in  the  Gaugam-Circars,  in  Berar, 
and  even  in  the  island  of  Ceylon,  where  the  natives 
term  it  Naugagaha.  According  to  the  author  of  the 
work  just  mentioned,  it  is  the  Diospyrus  Ebcnaster 
of  Kcenig.  As  regards  the  name  which  the  Greeks 
and  Romans  have  given  this  tree,  and  which  it  still 
bears  in  all  the  languages  of  Europe,  it  may  be  re- 
marked, that  it  comes  from  the  Hebrew  homonym 
hdbdn.  Its  Arabic  name,  Abnous,  is  nothing  more 
than  a  corruption  from  tSevoc.11  "  Modern  bota- 
nists," says  Adams,  "  have  applied  various  names  to 
the  Ebony-tree,  namely,  Ebenus  Cretica,  L. ;  Dios- 
pyrus Melanoxylon,  Roxb. ;  D  Ebenus  and  Ebenas- 
trum,  Retz.  ;  and  Ebenoxylon  verum,  L.  Theophras- 
tus  also  notices  an  Ebony  shrub,  which  Sprengel,  in 
his  edition  of  Dioscorides,  holds  to  be  the  Anthyllis 
Cretica.  It  is  the  same  as  the  Vulneraria  of  Tourne- 
fort  (namely,  Woundwort),  and  hence  it  is  now 
Called  Anthyllis  Vulneraria."1* 

*ECHENETS  (exevntc ),  a  species  of  Fish.  "  It 
would  appear  that  the  kxevrjic  of  Aristotle  and  Pliny 
was  different  from  that  of  Oppian  and  ^Elian,  and 

1.  (Orelli,  No.  3534.)— 2.  (ii.,  7.)— 3.  (Orelli,  Inscrip.,  No. 
3808.)— 4.  (Orelli,  No.  3886.)— 5.  (Liv.,  ix.,  30 ;  xl.,  18,  2fi  ; 
xli.,  1.— Scheffer,  De  Mil.  Nav.,  p.  284.)— 6.  (Liv.,  vii.,  28 ; 
rxii.,  33;  xxxv.,  41.)— 7.  (Georg.,  ii.,  117.)— 8.  (i.,  129.)— 9. 
(iii.,  97.) — 10.  (Materia  Medica,  by  Whitelaw  Ainslie,  Madras, 
1813.)— 11.  (F4e,  Flore  de  Virgile,  p.  xlviii.,  &c.)— 12  (Adams, 
Append.,  s.  v.) 


that  the  former  corresponds  to  the  Echeneis  uaucra. 
tes,  L.,  or  Sucking-fish,  and  the  latter  to  the  Petro* 
myzon  Lampetra,  L.,  or  Lamprey-eel.  Artedi  state* 
that  the  Galaxias  (yaXat-iac)  of  Galen  correspond* 
to  the  Lamprey,  and  Rondelet  and  Nonnius  refer 
the  fideXka  of  Strabo  to  the  same.  The  ancient 
stories  about  its  stopping  vessels  in  their  course 
would  appear  to  be  fabulous,  and  yet  it  is  worthy  of 
notice  that  they  are  still  credited  by  the  inhabitants 
of  Dalmatia  and  the  neighbouring  countries."1 

*ECH'IUM  (exiov),  a  plant,  supposed  to  be  a 
remedy  against  the  bite  of  a  viper  (ex1?)-  "  The 
Echium  vulgare,  or  common  Viper's  Bugloss,  has 
been  generally  acknowledged  to  be  the  £xiov  °f  Ni- 
cander  and  Dioscorides ;  but,  according  to  Spren- 
gel, this  is  a  mistake,  since  the  flowers  of  the  Echium 
vulgare  are  blue,  whereas  Dioscorides  describes 
those  of  the  exL0V  as  being  purple.  It  is  to  be  re- 
marked, however,  that  the  Greeks  used  the  terms 
nop<j>vpeoe  and  iroptpvposidrjc  in  a  loose  manner,  ap- 
plying it  to  other  colours  besides  purple,  and  more 
especially  to  the  dark  blue  colour  of  the  sea,  which 
would  not  be  inapplicable  to  the  colours  of  the  Viper's 
Bugloss.8  On  the  subject  of  the  purple  colours  of 
the  ancients,  Salmasius  remarks,3  "  Cceruleus  color, 
quern  Grceci  nvavovv  vocant,  nihil  aliud  est  quam  pur 
pura  delutior  et  pallidior." 

♦ECHPNUS  (extvoc),  I.,  the  kxlvoc  xfyoaioc  is 
the  Hedgehog,  or  Erinaceus  Europaus.  The  mod- 
ern Greek  name  is  oxavrtyxoipoc.  The  first  part 
of  this  word  is  a  corruption  of  umvOa  (Acanthias 
vulgaris  nostras,  Klein).  The  flesh  of  the  Hedge- 
hog is  prescribed  in  Syria  medicinally  in  some  dis- 
orders. Russell  says  he  saw  the  animal  carrying 
grapes  as  well  as  mulberries  on  its  prickles,  a  story 
which  certainly  needs  confirmation.* 

*II.  A  testaceous  genus  containing  many  species: 
in  English,  the  Sea-urchin.  Aristotle  gives  a  very 
minute  description  of  this  genus.  "  The  kxlvoc  td- 
udtfioc  is  no  doubt,"  observes  Adams,  "  the  Echinus 
esculentus,  L.,  called  in  English  the  edible  Sea-urchin. 
The  two  species  called  anar ayyoc  and  (3piococ  can- 
not be  satisfactorily  determined.  The  difference 
of  habitats  in  the  Land  and  Sea  urchin  gave  rise  to 
the  Greek  proverb  expressive  of  irreconcilable 
habits  :  npiv  ice  6i>o  kxlvoc  he  <j>tMav  eldoiev"5 

III.  (Vid.  Dike.) 

*ECHIS  and  ECHIDNA  (l^c,  Zx^va).  "Most 
of  the  ancient  authors  who  treat  of  serpents  repre- 
sent these  as  the  Male  and  Female  Viper  ;  but,  from 
the  descriptions  of  them  given  by  Nicander,  it  would 
appear  that  they  were  distinct  species.  Sprengel 
accordingly  refers  the  Asiatic  exidva  to  the  Coluber 
Mgyptius,  the  European  exidva  to  the  Coluber 
Berus,  and  the  lxLC  t°  the  Coluber  Ammodytes.  The 
word  dfipcov  is  often  applied  na?  k^ox^v  to  the  Viper 
( Coluber  Berus),  and  hence  dnpLanri  is  used  to  signify 
the  Electuary  of  Vipers.  The  Viper  is  the  Ephe  of 
Scripture."6 

ECCLE'SIA  (hKKlqoia).  The  kiaclnoiai  of  the 
Athenians  were  general  assemblies  of  the  citizens, 
in  which  they  met  to  discuss  and  determine  upon 
matters  of  public  interest.  These  assemblies  weie 
either  ordinary,  and  held  four  times  in  each  prytany, 
or  extraordinary,  that  is,  specially  convened  upon 
any  sudden  emergency,  and  therefore  called  avy- 
KknTOL.  On  occasions  of  extreme  importance  when 
it  was  desirable  for  as  many  persons  as  possible  to 
be  present  at  the  discussion  of  any  question,  tha 
people  were  summoned  by  express  from  the  country 


1.  (Aristot.,  H.  A.,  ii.,  14.— ^lian,  N.  A.,  i.,  36  ;  ii.,  17  — 
Oppian,  Hal.,  i.,  223. — Adams,  Append.,  s.  v.)— 2.  (Dioscor., 
iv.,  28.— Nicand.,  Ther.,  637.— Adams,  Append.,  s.  v.)— 3.  (In 
Tertull.,  lib.  de  Pallio,  p.  186.)— 4.  (Aristot..  H.  A.,  i.,  6.- 
Sibthorp,  MSS.  in  Walpole's  Memoirs,  vol.  i.,  p.  265.)  —  5 
(Aristot.,  H.  A.,  iv.,  5.— Adams,  AppeuJ.,  o.  v.)— 6.  (Adnma, 
Append.,  s.  v.) 

383 


ECCLESIA. 


ECCLESIA. 


in  the  city,  and  then  the  assembly  was  called  a 
xaTaiArjoia,  the  proper  meaning  of  KaTanakelv  being 
to  call  from  the  country  into  the  city.  The  ordi- 
nary assemblies  were  called  vo/iipoi  or  Kvptat,  ac- 
cording to  the  scholiast  on  Aristophanes,1  who 
moreover  informs  us  that  there  were  three  such  in 
every  month.  But,  according  to  the  best-informed 
grammarians,  who  followed  Aristotle,  the  name  av- 
oid was  appropriated  to  the  first  only  of  the  regular 
assemblies  of  each  prytany.  Such,  at  least,  is  the 
account  given  by  Pollux2  and  Harpocration,  the  for- 
mer of  whom  asserts  that  the  third  of  the  regular 
assemblies  in  each  prytany  was  partly  devoted  to 
the  reception  of  ambassadors  from  foreign  states. 

Aristophanes,  however,  in  the  Acharnians,*  rep- 
resents ambassadors  who  had  just  returned  from 
Persia  and  Thrace  as  giving  an  account  of  their 
embassy  in  a  Kvpia  eKKl-noia,  which,  according  to 
Pollux,  would  be  not  the  third,  but  the  first  of  the 
regular  assemblies.  With  a  view  of  reconciling 
these  discrepancies,  Schbmann*  supposes  that  Solon 
originally  appointed  one  regular  assembly,  called 
Kvpia,  to  be  held  on  a  certain  day  of  every  prytany, 
and  that  afterward  additional  assemblies  were  insti- 
tuted, appropriated  respectively  to  particular  pur- 
poses, though  the  term  Kvpia  was  still  reserved  for 
the  assembly  formerly  so  called.  If,  however,  the 
representation  of  Aristophanes  is  in  agreement  with 
the  practice  of  his  age,  we  must  farther  suppose, 
what  is  very  probable,  that  the  arrangements  for 
business,  as  described  by  Pollux,  were  not  always 
observed  even  in  the  time  of  the  poet ;  and  since,  a 
few  years  after  Aristotle's  time,  many  changes  took 
place  in  the  constitution  of  Athens,  it  may  have 
happened  that  the  name  Kvpia  was  then  given  to  all 
the  regular  assemblies,  in  which  case  the  scholiast 
probably  identified  the  customs  and  terms  of  a  late 
age  with  those  of  an  earlier  period.  Moreover,  the 
number  of  prytanies  in  each  year,  originally  ten,  one 
for  each  tribe,  was,  on  the  increase  in  the  number 
(>f  the  tribes  at  Athens,  raised  to  twelve,  so  that 
the  prytanies  would  then  coincide  with  the  months 
ol  the  year  :  a  fact  which,  taken  in  conjunction  with 
other  circumstances,5  seems  to  show,  that  the  au- 
thorities who  speak  of  three  regular  assemblies  in 
( ich  month  had  in  view  the  times  when  a  prytany 
j.  ad  a  month  were  the  same  thing.  Some  authors 
have  endeavoured  to  determine  the  particular  days 
on  which  the  four  regular  assemblies  of  each  pryta- 
iiy  were  held  ;  but  Schbmann6  has  proved  almost  to 
demonstration,  that  there  were  no  invariably  fixed 
days  of  assembly  ;  and  at  any  rate,  even  if  there 
were,  we  have  not  sufficient  data  to  determine  them. 
Ulpian7  says,  in  allusion  to  the  times  when  there 
were  three  assemblies  in  every  month,  that  one  was 
held  on  the  eleventh,  another  about  the  twentieth, 
a  third  about  the  thirtieth,  of  each  month  ;  and  it  is, 
of  course,  not  improbable  that  they  were  always 
held  at  nearly  equal  intervals. 

The  place  in  which  the  assemblies  were  anciently 
held  was,  we  are  told  by  Harpocration,8  the  ayopa. 
Afterward  they  were  transferred  to  the  Pnyx,  and 
at  last  to  the  great  theatre  of  Dionysus,  and  other 
places.  Thus  Thucydides9  speaks  of  the  people  be- 
ing summoned  to  the  Pynx,  the  usual  place  of  as- 
sembly in  his  times  ;  and  Aristophanes,10  in  descri- 
bing "  Demus,"  the  representative  of  the  Athenian 
people,  just  as  "  John  Bull"  is  of  the  English,  calls 
that  character  Afjjuoc  Uvkvitt/c,  or  Demus  of  the 
(pariah  of)  Pnyx :  a  joke  by  which  that  place  is 
represented  as  the  home  of  the  Athenians.  The 
situation  of  it  was  to  the  west  of  the  Areiopagus,  on 

3.  (Achar.,  19.)  — 2.  (via.,  96.)  — 3.  (61.)— 4.  (De  Comit.,  c. 
I.) — «J    (Schomann,  ii.,  44.) — 6.  (ii.,  47.) — 7.  (ad  Demosth.,  c. 
TSnioer.,  p.  706.)— 8.  (s.  v.  Udvdijuos  'A0po<5ir*/.)— 9.  (viii.,  97.) 
— U'    (Equit..  42.) 
H84 


a  slope  connected  with  Mount  Lycabettus  and  part- 
ly, at  least,  within  the  walls  of  the  city.  It  vraa 
semicircular  in  form,  with  a  boundary  wall  part  rock 
and  part  masonry,  and  an  area  of  about  12,000 
square  yards.  On  the  north  the  ground  was  filled 
up  and  paved  with  large  stones,  so  as  to  get  a  levei 
surface  on  the  slope  ;  from  which  fact  some  gram- 
marians derive  its  name  (irapa  ttjv  tcjv  Mduv  ttvk 
voTTjra).  Towards  this  side,  and  close  to  the  wall, 
was  the  (3^fxa,  a  stone  platform  or  hustings  ten  or 
eleven  feet  high,  with  an  ascent  of  steps ;  it  wa« 
cut  out  of  the  solid  rock,  whence  it  is  sometimea 
called  6  IWoc,  as  in  Aristophanes1  we  read  oeris 
Kparel  vvv  tov  "kldov  rovv  ttj  llvtcvt.  The  position 
of  the  j3r)/Lia  was  such  as  to  command  a  view  of  the 
sea  from  behind  (on  which  account  the  thirty  ty- 
rants are  said  to  have  altered  it),  and  of  the  Hponv- 
"kaia  and  Parthenon  in  front,  though  the  hill  of  the 
Areiopagus  lay  partly  between  it  and  the  Acropolis. 
Hence  Demosthenes,8  when  reminding  the  Athe- 
nians from  this  very  jStj/ia  of  the  other  splendid 
works  of  their  ancestors,  says  emphatically  UpoTrv- 
Tiaia  ravra  :  and  we  may  be  sure  that  the  Athenian 
orators  would  often  rouse  the  national  feelings  of 
their  hearers  by  pointing  to  the  assemblage  of  mag- 
nificent edifices,  "  monuments  of  Athenian  grati- 
tude and  glory,"  which  they  had  in  view  from  the 
Pnyx.3  That  the  general  situation  of  the  place  was 
elevated  is  clear  from  the  phrase  uva6atveiv  eic  ttjv 
eKKlvcrlav,  and  the  words  ndc  6  drjfxoe  uvu  KadfjTo, 
applied  to  a  meeting  of  the  people  in  the  Pnyx.* 
After  the  great  theatre  of  Dionysus  w*as  built,  the 
assemblies  were  frequently  held  in  it,  as  it  afforded 
space  and  convenience  for  a  large  multitude  ;  and 
in  some  particular  cases  it  was  specially  determined 
by  law  that  the  people  should  assemble  there.5  As- 
semblies were  also  held  in  the  Peiraeus,  and  in  the 
theatre  at  Munychia.6 

We  will  now  treat  of  the  right  of  convening  the 
people.  This  was  generally  vested  in  the  prytanea 
or  presidents  of  the  council  of  Five  Hundred  (vid. 
Boule,  p.  168) ;  but  i;i  cases  of  sudden  emergen- 
cy, and  especially  during  wars,  the  strategi  also  had 
the  power  of  calling  extraordinary  meetings,  for 
which,  however,  if  we  may  judge  by  the  form  in 
which  several  decrees  are  drawn  up,  the  consent  oi 
the  senate  appears  to  have  been  necessary.7  The 
four  ordinary  meetings  of  every  prytany  were,  nev- 
ertheless, always  convened  by  the  prytanes,  who 
not  only  gave  a  previous  notice  (Tcpoyputyeiv  ttjv  en- 
Kkr\clav)  of  the  day  of  assembly,  and  published  a 
program  of  the  subjects  to  be  discussed,  but  also, 
as  it  appears,  sent  a  crier  round  to  collect  the  citi- 
zens (evvuyeiv  tov  drjfxov*).  At  any  rate,  whenever 
the  strategi  wished  to  convene  one  of  the  extraor- 
dinary assemblies,  notice  was  certainly  given  of  it 
by  a  public  proclamation ;  for,  as  Ulpian  observes,9 
these  assemblies  were  called  avyKlTjTot,  because  the 
people  were  summoned  to  them  by  officers  sent 
round  for  that  purpose  (on  ovveKukovv  tlvec  irepuov- 
tec).  But,  independent  of  the  right  which  we  have 
said  the  strategi  possessed  of  convening  an  extra- 
ordinary meeting,  it  would  seem,  from  the  case  >f 
Pericles,10  that  a  strategus  had  the  power  of  pre?  ant- 
ing any  assembly  being  called.  It  is,  however,  im- 
portant to  observe,  that  such  an  exercise  of  power 
would  perhaps  not  have  been  tolerated  except  du- 
ring wars  and  commotions,  or  in  the  person  of  a 

1.  (Pax,  680.)— 2.  {Yltpl  2uvra£.,  174.)— 3.  (Cramer,  Ardent 
Greece,  vol.  ii.,  p.  335. — Wordsworth,  "Athens  and  Attica." 
In  the  latter  of  these  works  are  two  views  of  the  remains  of  *h« 
Pnyx.)— 4.  (Demosth.,  De  Cor.,  p.  285.) — 5.  (Demosth.,  c.  Meh\, 
517.)_6.  (Demosth.,  De  Fals.  Leg.,  p.  359.  — Lysias,  c.  Agor., 
133.  — Thucyd.,  viii.,  93.)  — 7.  (Demosth.,  De  Cor.,  249.)  — 8. 
(Pollux,  viii.,  95.  —  Harpocrat.,  s.  v.  Kvpia  'EK/cA?7(n'«. —  De- 
mosth., c.  Aristog.,  772.)  —  9.  (ad  Demoeth.,  De  Fals.  Leff..  * 
100,  A.)— 10.  (Thucyd  ,  ii.,  22.) 


ECCLESIA. 


ECCLESIA. 


■iistinguished  character  like  Pericles ;  and  that  un- 
der different  circumstances,  at  any  rate  after  the 
time  of  Solon,  the  assemblies  were  always  called  by 
the  prytanes.  All  persons  who  did  not  obey  the  call 
were  subject  to  a  fine,  and  six  magistrates,  called 
lexiarchs,  were  appointed,  whose  duty  it  was  to  take 
care  that  the  people  attended  the  meetings,  and  to 
levy  fines  on  those  who  refused  to  do  so.1  With  a 
view  to  this,  whenever  an  assembly  was  to  be  held, 
certain  public  slaves  (SkvOcu  or  Totjorai)  were  sent 
round  to  sweep  the  ayopd  and  other  places  of  public 
resort  with  a  rope  coloured  with  vermilion.  The 
different  persons  whom  these  ropemen  met  were 
driven  by  them  towards  the  eKK^cia,  and  those  who 
refused  to  go  were  marked  by  the  rope  and  fined.2 
Aristophanes3  alludes  to  this  subject  in  the  lines, 

ol  6'  kv  ayopd  7.<ikovoi,  ndvo)  nal  kutcj 

TO  OXOLVIOV  <j)EVyOV0l  TO  fJ.£/J,c2.T(jJ/X£VOV. 

Besides  this,  all  the  roads  except  those  which  led  to 
the  meeting  were  blocked  up  with  hurdles  (yippa), 
which  were  also  used  to  fence  in  the  place  of  as- 
sembly against  the  intrusion  of  persons  who  had  no 
right  to  be  present :  their  removal  in  the  latter  case 
seems  to  have  served  as  a  signal  for  the  admission 
of  strangers  who  might  wish  to  appeal  to  the  peo- 
ple.* 

An  additional  inducement  to  attend,  with  the 
poorer  classes,  was  the  fiio6bg  kKuhrjoiaoTLKog,  or  pay 
which  they  received  for  it.  The  originator  of  this 
practice  seems  to  have  been  a  person  named  Callis- 
tratus,  who  introduced  it  "  long  after  the  beginning 
cf  the  influence  of  Pericles."  The  payment  itself 
originally  an  obolus,  was  afterward  raised  to  three 
by  a  popular  favourite  called  Agyrrhius  of  Collytus. 
The  increase  took  place  but  a  short  time  before  the 
Ecclesiazusse  of  Aristophanes  came  out,  or  about 
13.0.  392.    The  poet  thus  alludes  to  it  in  that  play  :5 

B.  Tpc66oXov  drjf  elaSeg  •  X.  el  ydp  uQeTlov. 

A  ticket  (ovfifiolov)  appears  to  have  been  given  to 
those  who  attended,  on  producing  which  at  the 
close  of  the  proceedings  they  received  the  money 
from  one  of  the  thesmothetae.6  This  payment,  how- 
ever, was  not  made  to  the  richer  classes,  who  at- 
tended the  assemblies  gratis,  and  are  therefore  call- 
ed oIkogltol  EKK?^rjGLaaTal  by  the  poet  Antiphanes 
in  a  fragment  preserved  by  Athenaeus.7  The  same 
word  otKoacTog  is  applied  generally  to  a  person  who 
receives  no  pay  for  his  services. 

With  respect  to  the  right  of  attending,  we  may 
observe,  that  it  was  enjoyed  by  all  legitimate  citi- 
zens who  were  of  the  proper  age  (generally  suppo- 
sed to  be  twenty,  certainly  not  less  than  eighteen), 
and  not  labouring  under  any  aTifiia  or  loss  of  civil 
rights.  All  were  considered  citizens  whose  parents 
were  bolh  such,  or  who  had  been  presented  with 
the  freedom  of  the  state,  and  enrolled  in  the  regis- 
ter of  some  demus  or  parish.8  Adopted  citizens, 
however  (-ocr/Toi),  were  not  qualified  to  hold  the  of- 
fice of  archon  or  any  priesthood.9  Decrepit  old  men 
{yipouTeg  ol  dcpEifiivoi,  perhaps  those  above  sixty) 
seem  not  to  have  been  admitted,  although  it  is  not 
expressly  so  stated.10  Slaves,  and  foreigners  also, 
were  certainly  excluded,11  though  occasions  would 
of  course  occur  when  it  would  be  necessary  or  de- 
sirable to  admit  them  ;  and  from  Demosthenes13  we 
may  infa?  that  it  was  not  unusual  to  allow  foreign- 
ers to  entsr  towards  the  close  of  the  proceedings, 
when  tho  most  important  business  of  the  day  had 
been  concluded;  otherwise  they  stood  outside.13 


1.  (PuI'.li,  Onom.,  viii.,  104.)—  2.  (Schol.  ad  Arist.,  Achar., 
22.)— 3  (..c.)—  4.  (Peroosth.,  c.  Neaer.,  p.  137i.'— 5.  (v.,  380 
— Coir.pr.re  E'">ckh,Tol.  i.,  p.  307,  transl.)— G.  (Amtoph.,  Eccles., 
295.;— 7.  (vi.,  c.  52.)— 8.  (Demosth.,  c.  Near.,  p.  1380.)-  9.  (Id., 
7i.  1376.)— 10.  (Aristot.,  Polit.,iii.,c.  1.)— 11.  (Aristoph.,Thesm., 
S.94  )— i2.  (c.  Near.,  p  1375  )— 13.  (^ooh.,  c.  Cc**iph..  p.  36.) 
Occ 


The  IcoTelEtc,  or  foreigners,  wno  enjoyed  nearly 
equal  privileges  with  the  citizens,  are  by  some 
thought  to  have  had  the  same  rights  as  adopted  cit- 
izens, with  respect  to  voting  in  the  assembly.1 
This,  however,  seems  very  doubtful ;  at  any  rate, 
the  etymology  of  the  word  IcoteIeIs  does  not  justify 
such  an  opinion. 

In  the  article  Boule  it  is  explained  who  the  pry- 
tanes and  the  proedri  were  ;  and  we  may  here  re- 
mark, that  it  was  the  duty  of  the  proedri  of  tho  same 
tribe,  under  the  presidency  of  their  chairman  (o  km- 
oTaTTjc),  to  lay  before  the  people  the  subjects  to  be 
discussed ;  to  read,  or  cause  to  be  read,  the  previ- 
ous bill  (to  7rpo6ov?iEVfj.a)  of  the  senate  ;  and  to  give 
permission  (yvufiag  TrpoTidivai)  to  the  speakers  to 
address  the  people. 

They  most  probably  sat  on  the  steps  near  the  pij~ 
fj.a,  to  which  they  were,  on  some  occasions,  called 
by  the  people.  In  later  times  they  were  assisted  in 
keeping  order  (evKOofiia)  by  the  members  of  the  pre- 
siding tribe,  7)  i?po£dp£vovoa  $v7Jf  (vid.  Boule)  ; 
and  the  officers  who  acted  under  them,  the  "  ser- 
geants-at-arms,"  were  the  crier  (6  Krjpv^)  and  the 
Scythian  bowmen.  Thus,  in  Aristophanes,3  the 
crier  says  to  a  speaker  who  was  out  of  order,  Kadrj- 
ao  alya,  and  in  another  passage  the  To^oTat  are  rep- 
resented as  dragging  a  drunken  man  out  of  the  as- 
sembly.* When  the  discussion  upon  any  subject 
had  terminated,  the  chairman  of  the  proedri,  if  he 
thought  proper,  put  the  question  to  the  vote :  we 
read,  in  some  instances,  of  his  refusing  to  do  so.5 

Previous,  however,  to  the  commencement  of  any 
business,  it  was  usual  to  make  a  lustration  or  puri- 
fication of  the  place  where  the  assembly  was  held. 
This  was  performed  by  an  officiating  priest,  called 
the  Peristiarch,  a  name  given  to  him  because  he 
went  before  the  lustral  victims  (Tu  ■KEpicTia)  as 
they  were  carried  round  the  boundary  of  the  place. 
The  term  irEpiuTia  is  derived  from  Kept  and  tar  la, 
and  is,  therefore,  properly  applied  to  sacrifices  car- 
ried round  the  hearth  by  way  of  lustration  :  hence 
it  means  any  lustral  victims.  Thus  the  crier 
says,6  UdpiT'  ec  to  TrpoadEv  Tzdptd'  ug  dv  ivTog  t}th 
tov  naddpfiaToc.  The  favourite  victims  were  suck- 
ing pigs  (xoipidia),  the  blood  of  which  was  sprinkled 
about  the  seats,  and  their  bodies  afterward  thrown 
into  the  sea.7  After  the  peristiarch  the  crier  fol- 
lowed, burning  incense  in  a  censer.  When  these 
ceremonies  were  concluded,  the  crier  proclaimed 
silence,  and  then  offered  up  a  prayer,  in  which  the 
gods  were  implored  to  bless  the  proceedings  of  the 
meeting,  and  bring  down  destruction  on  all  those 
who  were  hostilely  disposed  towards  the  state,  or 
who  traitorously  plotted  its  overthrow,  or  received 
bribes  for  misleading  and  deceiving  the  people.8 
On  the  conclusion  of  this  prayer  business  began, 
and  the  first  subject  proposed  was  said  to  be  brought 
forward  irpuTov  //era  Ta  lepd.9 

We  must,  however,  understand  that  it  was  ille- 
gal to  propose  to  the  ecclesia  any  particular  meas- 
ure unless  it  had  previously  received  the  sanction 
of  the  senate,  or  been  formally  referred  by  that  body 
to  the  people,  under  the  title  of  a  Trpo6ovl£v/j.a. 

The  assembly,  nevertheless,  had  the  power  of  al- 
tering a  previous  decree  of  the  senate  as  might  seem 
fit.  Farther  information  on  this  point  will  be  found 
under  Boule,  to  which  we  may  add,  according  to 
Schomann,10  that  the  object  of  the  law  mentioned  by 
the  grammarians  ('Airpo6ov2,£VTov  fj.r]d£v  ipTJQiafia  eh- 
ihai  ev  Tif)  dfjuu)  seems  to  have  been,  not  to  pro 
vide  that  no  motion  should  be  proposed  in  the  as- 


1.  (Wolf  ad,  Lept.,  p.  70.)— 2.  (iEsch.,  c.  Ctesiph.,  p.  53.)- 
3.  (Acharn.  H4.)— 4.  (Eccles.,  143.)— 5.  (Xen.,  Mom.,  i.,  t,  i 
18.— Thucya.,  vi.,  14.)--6.  (Aristoph.,  Acham.,  44.)— 7.  (Srhol 
ad  Aristoph.,  1.  c.  ;  ad  ^Esch.,  c.  Timar.,  p.  48.)— 8.  (-Aristooh., 
Thesm.,  330.)— 9.  (Demosth.,  c.  Timocr.,  706.)— 10.  (o  i^.;. 

385 


ECCLESIA. 


ECCLES1A. 


semoly  unless  previously  approved  of  by  the  senate, 
but  rather  that  no  subject  should  be  presented  for 
discussion  to  the  people  about  which  a  bill  of  the 
senate  had  not  been  drawn  up  and  read  in  assembly. 

The  privilege  of  addressing  the  assembly  was  not 
confined  to  any  class  or  age  among  those  who  had 
the  right  to  be  present :  all,  without  any  distinction, 
were  invited  to  do  so  by  the  proclamation  (Tig  ayo- 
peveiv  fiovXerai)  which  was  made  by  the  crier  after 
the  proedri  had  gone  through  the  necessary  prelim- 
inaries, and  laid  the  subject  of  discussion  before  the 
meeting ;  for  though,  according  to  the  institutions 
of  Solon,  those  persons  who  were  above  fifty  years 
of  age  ought  to  have  been  called  upon  to  speak  first,1 
this  regulation  had,  in  the  days  of  Aristophanes,  be- 
come quite  obsolete.2  The  speakers  are  sometimes 
simply  called  ol  Tzapiovreg,  and  appear  to  have  worn 
a  crown  of  myrtle  on  their  heads  while  addressing 
the  assembly,  to  intimate,  perhaps,  that  they  were 
then  representatives  of  the  people,  and,  like  the  ar- 
chons  when  crowned,  inviolable.3  They  were  by 
an  old  law  required  to  confine  themselves  to  the 
subject  before  the  meeting,  and  keep  themselves  to 
the  discussion  of  one  thing  at  a  time,  and  forbidden 
to  indulge  in  scurrilous  or  abusive  language :  the 
law,  however,  had,  in  the  time  of  Aristophanes,  be- 
come neglected  and  almost  forgotten.*  The  most 
influential  and  practised  speakers  of  the  assembly 
were  generally  distinguished  by  the  name  of  f)jjro- 
peg.     (Vid.  Rhetor.) 

After  the  speakers  had  concluded,  any  one  was 
at  liberty  to  propose  a  decree,  whether  drawn  up 
beforehand  or  framed  in  the  meeting  ('Ev  tcj  <%/6> 
avyypdtpeodai5),  which,  however,  it  was  necessary 
to  present  to  the  proedri,  that  they  might  see,  in 
conjunction  with  the  vo/uopvliaKeg,  whether  there 
was  contained  in  it  anything  injurious  to  the  state, 
or  contrary  to  the  existing  laws.6  If  not,  it  was 
read  by  the  crier ;  though,  even  after  the  reading, 
the  chairman  could  prevent  its  being  put  to  the  vote, 
unless  his  opposition  was  overborne  by  threats  and 
clamours.7  Private  individuals,  also,  could  do  the 
same,  by  engaging  upon  oath  (vnufiooia)  to  bring 
against  the  author  of  any  measure  they  might  ob- 
ject to,  an  accusation  called  a  ypafyq  7rapav6jno)v. 
If,  however,  the  chairman  refused  to  submit  any 
question  to  the  decision  of  the  people,  he  might  be 
proceeded  against  by  evdeit-ig  ;8  and  if  he  allowed 
the  people  to  vote  upon  a  proposal  which  was  con- 
trary to  existing  constitutional  laws,  he  was  in 
some  cases  liable  to  ari/nia.9  If,  on  the  contrary, 
no  opposition  of  this  sort  was  offered  to  a  proposed 
decree,  the  votes  of  the  people  were  taken,  by  the 
permission  of  the  chairman,  and  with  the  consent 
of  the  rest  of  the  proedri :  whence  the  permission  is 
said  to  have  been  given  sometimes  by  the  proedri 
and  sometimes  by  the  chairman,  who  is  also  simply 
called  6  irpoedpog,  just  as  the  proedri  are  sometimes 
styled  prytanes.10  The  decision  of  the  people  was 
given  either  by  show  of  hands  or  by  ballot,  l  e.,  by 
casting  pebbles  into  urns  (KadiaKoi) ;  the  former 
was  expressed  by  the  word  x*l90T0VE~iVi  tne  latter 
by  ipT}(j>iCecrdai,  although  the  two  terms  are  frequent- 
ly confounded.  The  more  usual  method  of  voting 
was  by  show  of  hands,  as  being  more  expeditious 
and  convenient  (xciporovia).  The  process  was  as 
follows :  The  crier  first  proclaimed  that  all  those 
who  were  in  favour  of  a  proposed  measure  should 
hold  up  their  hands  (otu  doicei.  k.  t.  \.  apuro)  tt/v 
Xeipa)  :  then  he  proclaimed  that  all  those  who  were 


1.  (JEsch.,  c.  Ctesiph.,  p.  54.) — 2.  (Demosth.,  De  Cor.,  p.  285. 
— Aristoph.,  Acharn.,  43.)— 3.  (Aristoph.,  Eccles.,  v.,  130,  147.) 
4.  (.fiSsch.,  c.  Timar.,p.  5. — Alistoph.,  Eceles.,  142.) — 5.  (Plato, 
GoTg.,  451.)— 6.  (Pollux,  Ono.n.,  viii.,  94.)— 7.  (^Eschin.,  De 
Fala.  Leg.,  p.  39.}  -8.  (Plato,  Apol.,  32.)— 9.  (Demosth.,  c.  Ti- 
mocr.,  p.  719  )  — 1W.  (iEschin.,  c.  Cteeiph.,  64. — Demosth.,  c. 
Meid.,  517.) 

386 


opposed  to  it  should  do  the  same  (oro  fty  Soksi.  k. 
t.  ?..):  they  did  so  ;  and  the  crier  then  formed  as  ac- 
curate an  idea  as  possible  of  the  numbers  for  and 
against  (r/pWfiei  rug  xelpag),  and  the  chairman  of  the 
meeting  pronounced  the  opinion  of  the  majority.1 
In  this  way  most  matters  of  public  interest  were 
determined.  Vote  by  ballot  (Kpv6dijvz),  on  the  oth- 
er hand,  was  only  used  in  a  few  special  cases  de- 
termined by  law  ;  as,  for  instance,  when  a  proposi- 
tion was  made  for  allowing  those  who  had  suffered 
uTi/xia  to  appeal  to  the  people  for  restitution  of  their 
former  rights,  or  for  inflicting  extraordinary  punish- 
ments on  atrocious  offenders,  and,  generally  upon 
any  matter  which  affected  private  persons.*  In 
cases  of  this  sort,  it  wyas  settled  by  law  that  a  de- 
cree should  not  be  valid  unless  six  thousand  citi- 
zens at  least  voted  in  favour  of  it.  This  was  by 
far  the  majority  of  those  citizens  who  were  in  the 
habit  of  attending ;  for  in  time  of  war  the  number 
never  amounted  to  five  thousand,  and  in  time  of 
peace  seldom  to  ten  thousand.4 

With  respect  to  the  actual  mode  of  voting  by  bal- 
lot in  the  ecclesia,  we  have  no  certain  information  ; 
but  it  was  probably  the  same  as  in  the  courts  of  law, 
namely,  by  means  of  blaok  and  white  pebbles,  or 
shells  put  into  urns  (Kadicntoi) ;  the  white  for  adop- 
tion, the  black  for  rejection  of  any  given  measure.8 
(Vid.  Cadiskoi.) 

The  determination  or  decree  of  the  people  was 
called  a  tyrityiofjia,  which  properly  signifies  a  law  pro- 
posed to  an  assembly,  and  approved  of  by  the  peo- 
ple. The  form  for  drawing  up  the  ipTjcpio/xara  vari- 
ed in  different  ages.  {Vid.  Boule  and  Gramma- 
teus.) 

We  now  come  to  the  dismissal  of  the  assembly  ; 
the  order  for  which,  when  business  was  over,  was 
given  by  the  prytanes  (eXvaav  ttjv  kKKlrjaiav),  through 
the  proclamation  of  the  crier  to  the  people  ;6  and  aa 
it  was  not  customary  to  continue  meetings,  which 
usually  began  early  in  the  morning,7  till  after  sun- 
set, if  one  day  were  not  sufficient  for  the  comple- 
tion of  any  business,  it  was  adjourned  to  the  next. 
But  an  assembly  was  sometimes  broken  up  if  any 
one,  whether  a  magistrate  or  private  individual,  de- 
clared that  he  saw  an  unfavourable  omen,  or  per- 
ceived thunder  and  lightning.  The  sudden  appear- 
ance of  rain,  also,  or  the  shock  of  an  earthquake,  or 
any  natural  phenomenon  of  the  kind  called  diocri- 
fiiai,  was  a  sufficient  reason  for  the  hasty  adjourn- 
ment of  an  assembly.8 

We  have  already  stated,  in  general  terms,  that 
all  matters  of  public  and  national  interest,  whether 
foreign  or  domestic,  were  determined  upon  by  the 
people  in  their  assemblies,  and  we  shall  conclude 
this  article  by  stating  in  detail  what  some  of  these 
matters  were.  On  this  point  Julius-  Pollux9  in- 
forms us,  that  in  the  first  assembly  of  every  pryta- 
ny,  which  was  called  nvpia,  the  kTuxeiporovia  of  the 
magistrates  was  held  ;  i.  e.,  an  inquisition  into  their 
conduct,  which,  if  it  proved  unfavourable,  was  fol- 
lowed by  their  deposition.  In  the  same  assembly, 
moreover,  the  elaayyeliai,  or  extraordinary  inform- 
ations, were  laid  before  the  people,  as  well  as  all 
matters  relating  to  the  watch  and  ward  of  the  coun- 
try of  Attica ;  the  regular  officers  also  read  over  the 
lists  of  confiscated  property,  and  the  names  of  those 
who  had  entered  upon  inheritances.  The  second 
was  devoted  to  the  hearing  of  those  who  appeared 
before  the  people  as  suppliants  for  some  favour,  or 
for  the  privilege  of  addressing  the  assembly  without 
incurring  a  penalty,  to  which  they  otherwise  would 


1.  (Suidas,s.v.  Kar£X£<por(5v»y«v.)— 2.  (Phil,  ivlus.,  vol.  i.,  p. 
424.)— 3.  (Demosth.,  c.  Timocr.v  715,  719.)— 4.  (Thucyd.,  vii., 
72.)— 5.  (Schol.  ad  Aristophan.     Tcsp.,  981.)— 6.  (Aristophan., 
Acharn.,  173.)— 7.  (Id.,  20.)— 9    (Anstoch.,  Nub.,  579.— Thr 
cyd.,  v.,  46.)— y.  (viii.,  95.) 


ECCLESIA. 


ECLECTIC! 


ua  tre  been  liable,  or  for  indemnity  previous  to  giv- 
ing information  about  any  crime  in  which  they  were 
accomplices.  In  all  these  cases  it  was  necessary 
to  obtain  an  udeLa,  i.  e.,  a  special  permission  or  im- 


irjfioaicjv. 

In  the  third  assembly,  ambassadors  from  foreign 
estates  were  received.  In  the  fourth,  religious  and 
other  public  matters  of  the  state  were  discussed. 

From  this  statement,  compared  with  what  is  said 
under  Eisangelia.  it  appears  that  in  cases  which 
required  an  extraordinary  trial,  the  people  some- 
times acted  m  a  judicial  capacity,  although  they 
usually  referred  such  matters  to  the  court  of  the 
Heliaea.    There  were,  however,  other  cases  in  which 
they  exercised  a  judicial  power :  thus,  for  instance, 
the*  proedri  could  ex  officio  prosecute  an  individual 
before  the  people  for  misconduct  in  the  ecclesia.1 
Again,  on  some  occasions,  information  {(itjvvoic) 
was  simply  laid  before  the  people  in  assembly,  with- 
out the  informant  making  a  regular  impeachment ; 
and  although  the  final  determination  in  cases  of  this 
sort  was  generally  referred  to  a  court  of  law,  still 
there  seems  no  reason  to  doubt  that  the  people 
might  have  taken  cognizance  of  them  in  assembly, 
and  decided  upon  them  as  judges,  just  as  they  did 
m  some  instances  of  heinous  and  notorious  crimes, 
oven  when  no  one  came  forward  with  an  accusa- 
tion.    Moreover,  in  turbulent  and  excited  times,  if 
any  one  had  incurred  the  displeasure  of  the  people, 
tlfey  not  unfrequently   passed  summary  sentence 
upon  him,  without  any  regard  to  the  regular  and 
established  forms  of  proceeding :  as  examples  of 
which  we  may  mention  the  cases  of  Demosthenes 
and  Phocion.     The  proceedings  called  7:po6oXr]  and 
l~zyye?ua  were  also  instituted  before  the  people: 
farther  information  with  respect  to  them  is  given 
under  those  heads. 

The  legislative  powers  of  the  people  in  assembly, 
so  far  as  they  were  defined  by  the  enactments  of 
Solon,  were  very  limited  ;  in  fact,  strictly  speaking, 
no  laws  could,  without  violating  the  spirit  of  the 
Athenian  constitution,  be  either  repealed  or  enact- 
ed, except  by  the  court  of  the  Nojuodirai :  it  might, 
however,  doubtless  happen,  that  ipn^iauaTa  passed 
by  the  assemblies  had  reference  to  general  and  per- 
manent objects,  and  were  therefore  virtually  vopot 
or  laws  ;a  moreover,  if  we  may  judge  by  the  com- 
plaints of  Demosthenes,  it  appears  that  in  his  days 
the  institutions  of  Solon  had  in  this  respect  fallen 
into  disuse,  and  that  new  laws  were  made  by  the 
people  collectively  in  assembly,  without  the  inter- 
vention of  the  court  of  the  nomothetae.3 

The  foreign  policy  of  the  state,  and  all  matters 
connected  with  it,  and  the  regulation  and  appro- 
priation of  the  taxes  and  revenues,  were,  as  we 
might  expect,  determined  upon  by  the  people  in  as- 
sembly. The  domestic  economy  of  the  state  was 
ander  the  same  superintendence  :  a  fact  which  Pol- 
lux briefly  expresses  by  informing  us  that  the  peo- 
ple decided  in  the  fourth  assembly  nepl  iepuv  nai 
firjfioaiov,  i.  e.,  on  all  matters,  whether  spiritual  or 
secular,  in  which  the  citizens  collectively  had  an 
interest.  Such,  for  example,  says  Schomann,*  "  are 
the  priesthood,  the  temples  of  the  gods,  and  all 
other  sacred  things ;  the  treasury,  the  public  land, 
and  public  property  in  general ;  the  magistracy,  the 
courts,  the  laws  and  institutions  of  the  state,  and, 
in  fine,  the  state  itself:"  in  connexion  with  which 
we  may  observe,  that  the  meetings  for  the  election 
of  magistrates  were  called  apxaipcoiai.     Lastly,  as 

1.  (JSschin.,  c.  Timarch.,  p.  5.)— 2.  (Andoc.,  De  Mrst.,  p.  13, 
%nd  Tkonoderat-) — 3.  (Demosth.,  c.  Timocr.,  744. — Aristot.,  Po- 
41.,  i«  .c.  4.)-— 4.  (p.  298.) 


Schomann  remarks,  "the  people  likewise  detei- 
mined  in  assembly  upon  the  propriety  of  conferring 
rewards  and  honours  on  such  citizens  or  strangers, 
or  even  foreign  states,  as  had  in  any  manner  sig- 
nally benefited  the  commonwealth."  It  is  hardiy 
necessary  to  add,  that  the  signification  of  a  religious 
assembly  or  church,  which  eKK/^ala  bore  in  later 
times,  sprang  from  its  earlier  meaning  of  an  assem- 
bly in  general,  whether  of  the  constituency  of  a 
whole  state,  or  of  its  subdivisions,  such  as  tribes 
and  cantons.     (Vid.  Tribus  and  Demus.) 

EKKAHT02  IIOAI2.     (Vid.  Svmbola.) 

ECCLE'TOI  (£kk/»t}toi)  was  the  name  of  an  as- 
sembly at  Sparta,  and  seems  to  have  been  the  same 
as  the  so-called  lesser  assembly  (77  /xcKpa  nalovfievri 
EKKXrjaia1).  Its  name  seems  to  indicate  a  select  as- 
sembly, but  it  is  difficult  to  determine  of  what  per- 
sons it  was  composed  ;  but,  since  Xenophon2  men- 
tions the  ephors  along  with  and  as  distinct  from 
it,  we  cannot,  with  Tittmann3  and  Wachsmuth,* 
consider  it  as  having  consisted  of  the  Spartan  ma- 
gistrates, with  the  addition  of  some  deputies  elect- 
ed from  among  the  citizens.  As,  however,  the  en- 
kT^tjtol  do  not  occur  until  the  period  when  the  fran- 
chise had  been  granted  to  a  great  number  of  freed- 
men  and  aliens,  and  when  the  number  of  ancient 
citizens  had  been  considerably  thinned,  it  does  not 
seem  improbable  that  the  lesser  assembly  consisted 
exclusively  of  ancient  citizens,  either  in  or  out  of 
office  ;  and  this  supposition  seems  very  well  to 
agree  with  the  fact,  that  they  appear  to  have  al- 
ways been  jealously  watchful  in  upholding  the  an- 
cient constitution,  and  in  preventing  any  innovation 
that  might  be  made  by  the  ephors  or  the  new  citi 
zens.* 

The  whole  subject  of  the  eii-c'Ar/Tot  is  involved  in 
difficulty.  Tittmann  thinks  that,  though  the  namo 
of  this  assembly  is  not  mentioned,  it  existed  long 
before  the  Persian  war,  and  that  in  many  cases  in 
which  the  magistrates  (reX-n,  upxovrec.  or  apxai)  are 
said  to  have  made  decrees,  the  magistrates  are 
mentioned  instead  of  the  ekkatjtol,  of  whom  they 
were  the  chief  members.  This  last  supposition  is 
rejected  by  Muller,'  who  observes  that  the  magis- 
trates were  often  said  to  have  decreed  a  measure 
(especially  in  foreign  affairs),  though  it  had  been 
discussed  before  the  whole  assembly  and  approved 
by  it ;  for  the  magistrates  were  the  representatives 
and  the  organs  of  the  assembly,  and  acted  in  its 
name.  Muller  is  also  of  opinion  that  e/c/cl^roi  and 
tKKkncsia  are  identical,  and  distinct  from  the  lesser 
assembly,  which  he  considers  to  have  been  a  kind 
of  select  assembly.  But  his  arguments  on  this 
point  are  not  convincing.  The  ek^tjtol  and  the 
lesser  assembly  are  mentioned  about  the  same  time 
in  Grecian  history,  and  previous  to  that  time  we 
hear  of  no  assembly  except  the  regular  eKK/^rjaia  of 
all  the  Spartans.7 

ECDOSIS.     {Vid.  Nauticon.) 

ECLE'CTICI  (en?.enTtKoi),  an  ancient  medical 
sect,  which  must  not  be  confounded  with  the  school 
of  philosophers  of  the  same  name  mentioned  by 
Diogenes  Laertius,8  though  it  is  probable  that  they 
assumed  this  title  in  imitation  of  them.  Their  name 
is  derived  from  their  founder  (like  Potamo  the  phi- 
losopher) "  having  selected  from  each  sect  the  opin 
ions  that  seemed  most  probable"  ( e/cAf %a\i£vov  ra 
apeaavra  e%  inaGTijc  tCjv  aiptoeuv*).  From  a  passage 
in  the  lntroductio  (in  which  Le  Clerc19  conjectures 
that,  instead  of  eiiXeKToi,  we  should  read  £K?.eKTiKoi) 
and  which  is  falsely  attributed  to  Galen,11  it  appears 


1.  (Xen.,  Hell.,  iii.,  3, $  8.)— 2.  (Hell.,  ii.,  4,  t)  38.)— 3.  (Griech. 
Staatsv.,  p.  100.)^.  (Hell.  Alter.,  i.,  1,  p.  221.)  — 5.  (Thiri- 
wall,  Hist,  of  Greece,  iv.,  p.  372,  &c.)— 6.  (Dor.,  iii.,  5,  $  10.J— 
7.  (Vid.  Xen.,  Hell.,  v.  ii.,  $  ?,3  ;  vi.,  3,  $  3.)— 8.  (Proem.,  c.  14, 
()  21.)— 9.  (Diog-.  Laert.,  1.  c  )— 10.  (Hist.de  la  Med.)— 11.  (» 
4,  p.  684.  ed.  Kiihn.) 

US7 


EDICTUM. 


EDICTUM. 


Jbat  they  were  a  branch  of  the  Methodici  (vid.  Me- 
thodic* ,  and  they  seem  to  have  agreed  very  near- 
ly, if  not  to  have  been  altogether  identical,  with  the 
sect  of  the  Episynthetici.  (Vid.  Episynthetici.) 
They  were  founded  either  by  Agathinus  of  Sparta 
or  his  pupil  Archigenes.1  Several  of  the  opinions 
of  both  these  physicians  are  to  be  found  in  various 
fragments  of  their  lost  works  preserved  by  Galen, 
Oribasius,  Aetius,  &c. ;  but  we  are  nowhere  (as 
far  as  the  writer  is  aware)  informed  what  were  the 
articular  doctrines  that  they  adopted  as  their  own 
-iom  those  of  other  sects.  We  can  only  suppose 
that  they  endeavoured  to  join  the  tenets  of  the  Me- 
thodici to  those  of  the  Empirici  and  Dogmatici  (vid. 
Methodici,  Empirici,  Dogmatici),  and  to  reconcile 
the  differences  of  those  rival  and  opposite  sects. 

EC'LOGEIS.     {Vid.  Eisphora.) 

ECMARTU'RIA  (kKjxapTvpia)  signifies  the  depo- 
sition of  a  witness,  who,  by  reason  of  absence 
abroad,  or  illness,  was  unable  to  attend  in  court. 
His  statement  was  taken  down  in  writing,  in  the 
presence  of  persons  expressly  appointed  to  receive 
it,  and  afterward,  upon  their  swearing  to  its  identi- 
ty, was  read  as  evidence  in  the  cause.  They  were 
said  fiaprvpelv  rqv  kKfiaprvpiav  :  the  absent  witness, 
knfiaprvpelv  :  the  party  who  procured  the  evidence, 
kKfiaprvpiav  Troielerdai.  It  was  considered  as  the 
testimony  of  the  deponent  himself,  not  that  of  the 
certifying  witnesses,  and  therefore  did  not  come 
within  the  description  of  hearsay  evidence,  which 
(except  the  declaration  of  a  deceased  person)  was 
not  admissible  at  Athens.  The  law  was  uKorjv 
ilvai  fiaprvpelv  redveuroc,  kKfiaprvpiav  ds  vnepopLov 
zal  advvarov.  The  deponent  (like  any  other  wit- 
ness) was  liable  to  an  action  for  false  testimony  if 
the  contents  of  the  deposition  were  untrue,  unless 
he  could  show  that  it  was  incorrectly  taken  down 
or  forged,  in  which  case  the  certifying  witnesses 
would  be  liable.  Therefore  (Isaeus  tells  us)  it  was 
usual  to  select  persons  of  good  character  to  receive 
such  evidence,  and  to  have  as  many  of  them  as 
possible.2    (Vid.  Marturia.) 

EC'PHORA.  (Vid.  Funus.) 

E C P H U L L 0 P H 0 RT  A.  (Vid.  Banishment, 
Greek.) 

ECPOIETN  (kuTToieiv),  ECPOIEISTHAI  (skttoi- 
eladai).     (Vid.  Adoption,  Greek.) 

*EDERA.     (Vid.  Hedera.) 

ECULEUS.     (Vid.  Equuleus.) 

E'DERE  ACTIO'NEM.     (Vid.  Actio,  p.  19.) 

EDICTUM.  The  Jus  Edicendi,  or  power  of  ma- 
king edicts,  belonged  to  the  higher  m  igistratus  pop- 
uli  Romani,  but  it  was  principally  exercised  by  the 
two  praetors,  the  praetor  urbanus  and  the  praetor 
peregrinus,  whose  jurisdiction  was  exercised  in  the 
provinces  by  the  praeses.  The  curule  aediles  also 
made  many  edicts,  and  their  jurisdiction  was  exer- 
cised (under  the  Empire  at  least)  in  the  provinciae 
populi  Romani  by  the  quaestors.3  There  was  no 
edict  promulgated  in  the  provinciae  Caesaris.  The 
tribunes,  censors,  and  pontifices  also  promulgated 
edicts  relating  to  the  matters  of  their  respective  ju- 
risdictions. The  edicta  are  enumerated  by  Gaius 
among  the  sources  of  Roman  law,  and  this  part  of 
the  Roman  law  is  sometimes  called  in  the  Pandect 
I  us  Honorarium,*  apparently  because  the  edictal 
power  belonged  to  those  magistrates  only  who  had 
the  honores,  and  not  so  much  ad  honorem  praeto- 
rum.5  As  the  edicts  of  the  praetors  were  the  most 
important,  the  jus  honorarium  was  sometimes  call- 
ed jus  praetorium  ;  but  properly,  the  jus  honorarium 
was  the  term  under  which  was  comprehended  all 
the  edictal  law. 

1.  (Galen,  Definit.  Med.,  c.  14,  p.  353.)— 2.  (Isseus,  De  Pyrr. 
Hered.,  23,  24,  ed.  Bekk.— Demosth.,  c.  Steph.,  1130,  1131.)— 3. 
\Caius,  i.,  6.)— 4.  (Dig.  44,  tit.  7,  s.  52.)— 5.  (Dig.  1,  tit.  1,  s.  7.) 
388 


The  Edictum  may  be  described  generally  as  a 
rule  promulgated  by  a  magistratus  on  entering  on 
his  office,  which  was  done  by  writing  it  on  an  album 
and  placing  it  in  a  conspicuous  place,  *'Unde  de 
piano  recte  legi  potest."  From  this  circumstance 
the  Edict  was  considered  to  be  a  part  of  the  jua 
scriptum.  As  the  office  of  a  magistratus  was  an- 
nual, the  rules  promulgated  by  a  predecessor  were 
not  binding  on  a  successor,  but  he  might  confirm 
or  adopt  the  rules  of  his  predecessor,  and  introduce 
them  into  his  own  Edict,  and  hence  such  adopted 
rules  were  called  edictum  tralatitium1  or  vetus,  as 
opposed  to  edictum  novum.  A  repentinum  edictum 
was  that  rule  which  was  made  (prout  res  iuci- 
dit)  for  the  occasion.2  A  perpetuum  edictum  was 
that  rule  which  was  made  by  the  magistratus  on  en- 
tering upon  office,  and  which  was  intended  to  apply 
to  all  cases  to  which  it  was  applicable  during  the 
year  of  his  office  :  hence  it  wTas  sometimes  called, 
also,  annua  lex.  Until  it  became  the  practice  for 
magistratus  to  adopt  the  edicta  of  their  predeces- 
sors, the  edicta  could  not  form  a  body  of  permanent 
binding  rules  ;  but  when  this  practice  became  com- 
mon, the  edicta  (edictum  tralatitium)  soon  consti- 
tuted a  large  body  of  law,  which  was  practically  of 
as  much  importance  as  any  other  part  of  the  law. 
The  several  edicta,  when  thus  established,  were 
designated  by  the  names  of  their  promulgators,  as 
the  Edictum  Carbonianum;  or  they  were  named 
with  reference  to  the  formula  and  the  actio  which 
they  established,  as  Aquiliana,  Publiciana,  Rutilia- 
na,  &c. 

The  origin  of  the  edictal  power  cannot  be  histori- 
cally shown  ;  but  as  the  praetor  was  a  magistrate 
established  for  the  administration  of  justice,  on  ac- 
count of  the  occupations  of  the  consuls,  and  the 
consular  power  was  the  representative  of  the  kingly 
power,  it  seems  that  the  jus  edicendi  may  have  been 
a  remnant  of  the  kingly  prerogative.  However  this 
may  be,  the  edictal  power  was  early  exercised,  and 
so  far  established  that  the  jus  praetorium  was  a  rec- 
ognised division  of  law  in,  and  perhaps  somewhat 
before,  the  time  of  Cicero,3  in  whose  age  the  study 
of  the  Edict  formed  a  part  of  the  regular  study  of 
the  law.*  The  edict  of  the  aediles  about  the  buying 
and  selling  of  slaves  is  mentioned  by  Cicero  ;*  the 
Edietiones  iEdilitiae  are  alluded  to  by  Plautus  ;6  and 
an  edict  of  the  praetor  Peregrinus  is  mentioned  in 
the  Lex  Galliae  Cisalpinae,  which  probably  belongs  to 
the  beginning  of  the  eighth  century  of  the  city. 
The  Lex  Cornelia,  B.C.  67,  provided  against  abuses 
of  the  edictal  power,  by  declaring  that  the  praetors 
should  decide  in  particular  cases  conformably  to 
their  perpetual  edicts.  The  edicts  made  in  the  prov- 
inces are  often  mentioned  by  Cicero.  They  were 
founded  on  the  edictum  urbanum,  though  they  like- 
wise comprehended  special  rules,  applicable  only  to 
the  administration  of  justice  in  the  provinces,  and 
so  far  they  were  properly  edictum  provinciale.  Thus 
Cicero7  says  that  he  promulgated  in  his  province 
two  edicta  ;  one  provinciale,  which,  among  other 
matters,  contained  everything  that  related  to  the 
publicani,  and  another,  to  which  he  gives  no  name, 
relating  to  matters  of  which  he  says,  "  ex  edicto  el 
postulari  et  fieri  solent."  As  to  all  the  rest  he  made 
no  edict,  but  declared  that  he  would  frame  all  his 
decrees  (decreta)  upon  the  edicta  urbana.  It  ap- 
pears, then,  that  in  the  time  of  Cicero  the  edicta 
already  formed  a  large  body  of  law,  which  is  con- 
firmed by  the  fact  that  in  his  time  an  attempt  had 
been  already  made  to  reduce  it  into  order,  and  to 
comment  on  it.     Servius  Sulpicius,  the  great  jurist 

1.  (Cic.  ad.  Att.,  v.,  21  ;  ad  Fam.,  iii.,  8  ;  in  Verr.,  i.,  45.)— 2 
(in  Verr.,  iii.,  14.)— 3.  (in  Verr.,  i.,  44.)— 4.  (De  Leg.,  i.,  5  ;  ii., 
23.)— 5.  (Off.,  hi.,  17.)— 6.  (Capt.,  iv.,  2;  v.,  43.^—7.  (ad  Att, 
vi.,  1.) 


EDICTUM. 


EDICTUM. 


and  orator,  the  fiiend  and  contemporary  of  Cicero, 
addressed  to  Brutus  two  very  short  books  on  the 
Edict,  which  was  followed  by  the  work  of  Ofilius  ;' 
though  we  do  not  know  v»  nether  the  work  of  Ofilius 
was  an  attempt  to  arrange  and  collect  the  various 
edicta,  like  the  subsequent  compilation  of  Julian,  or 
a  commentary  like  those  of  many  subsequent  ju- 
rists (Ofilius  edictum  praetoris  primus  diligenter 
composuit). 

The  object  of  the  Edict,  according  to  the  Roman 
jurists,  was  the  following :  "  Adjuvandi  vel  supplen- 
di  vel  corrigendi  juris  civilis  gratia  propter  utilitatem 
publicam  :"  the  Edict  is  also  described  as  "  viva  vox 
juris  civilis."  It  was,  in  effect,  an  indirect  method 
of  legislating,  sanctioned,  not  only  by  public  opinion, 
but  by  the  sovereign  power,  and  it  was  the  means 
by  which  numerous  rules  of  law  became  established. 
It  was  found  to  be  a  more  effectual,  because  an 
easier  and  more  practical  way  of  gradually  enlarging 
and  altering  the  existing  law,  and  keeping  the  whole 
system  in  harmony,  than  the  method  of  direct  le- 
gislation ;  and  it  is  undeniable  that  the  most  valuable 
part  of  the  Roman  law  is  derived  from  the  edicts. 
If  a  praetor  established  any  rule  which  was  found  to 
be  inconvenient  or  injurious,  it  fell  into  disuse  if 
not  adopted  by  his  successor.  The  publicity  of  the 
Edict  must  also  have  been  a  great  security  against 
any  arbitrary  changes,  for  a  magistratus  would 
hardly  venture  to  promulgate  a  rule  to  which  opinion 
had  not  by  anticipation  already  given  its  sanction. 
Many  of  the  rules  promulgated  by  the  Edict  may 
probably  have  been  irerely  in  conformity  to  existing 
custom,  more  particularly  in  cases  of  contracts,  and 
thus  the  edict  would  have  the  effect  of  converting 
custom  into  law.  When  Cicero,2  however,  says  that 
the  Edict  depends  in  a  great  degree  on  custom,  he 
probably  only  means  that  it  was  usual  to  incorpo- 
rate into  every  new  edict  what  any  preceding  ma- 
gistratus had  adopted  from  former  edicts.  Thus 
the  edictum  tralatitium  obtained  its  validity  by  being 
continually  recognised  by  every  successive  magis- 
tratus. 

As  to  the  matter  of  the  Edict,  it  must  be  supposed 
that  the  defects  of  the  existing  law  must  generally 
have  been  acknowledged  and  felt  before  any  magis- 
tratus ventured  to  supply  them  ;  and  in  doing  this, 
he  must  have  conformed  to  that  so-called  natural 
equity  which  is  recognised  by  all  mankind.  Under 
the  emperors,  also,  it  may  be  presumed  that  the 
opinions  of  legal  writers  would  act  on  public  opin- 
ion, and  on  those  who  had  the  jus  edicendi.  Hence 
a  large  part  of  the  edictal  rules  were  founded  on  the 
so-called  jus  gentium,  and  the  necessity  of  some 
modifications  of  the  strict  rules  of  the  civil  law,  and 
of  additional  rules  of  law.  would  become  the  more 
apparent  with  the  extension  of  the  Roman  power 
and  their  intercourse  with  other  nations.  But  the 
method  in  which  the  praetor  introduced  new  rules 
of  law  was  altogether  conformable  to  the  spirit  of 
Roman  institutions.  The  process  was  slow  and 
gradual ;  it  was  not  effected  by  the  destruction  of 
that  which  existed,  but  by  adapting  it  to  circum- 
stances. Accordingly,  when  a  right  existed  or  was 
recognised,  the  praetor  would  give  an  action  if  there 
was  none  ;  he  would  interfere  by  way  of  protecting 
possession,  but  he  could  not  make  possession  into 
ownership,  and,  accordingly,  that  was  effected  by 
law  (vid.  Usucapio)  ;  he  aided  plaintiffs  by  fictions, 
as,  for  instance,  in  the  Publiciana  actio,  where  the 
fiction  wras  that  the  possessor  had  obtained  the  own- 
ership by  usucapion,  and  so  was  quasi  ex  jure  Qui- 
ritium  dominus  ;s  and  he  also  aided  parties  by  ex- 
ceptiones,  and  in  integrum  restitutio. 

The  old  forms  of  procedure  were  few  in  number, 

- 

1.  (Dig.  1,  ti«..  2,  s.  2.)  -2.  (De  Invent.,  :i.,  22.)  —  3.  (Gaius, 
^,36.) 


and  certainly  they  were  often  inconvenient  and  tail- 
ed to  do  justice.  Accordingly,  the  praetor  extended 
the  remedies  by  action,  as  already  intimated  in  the 
case  of  the  Publiciana  actio.  This  change  probably 
commenced  after  many  of  the  legis  actiones  were 
abolished  by  the  JEbutia  lex,  and  the  necessity  of 
new  forms  of  actions  arose.  These  Avere  introduced 
by  the  praetors,  and  it  is  hardly  a  matter  of  doubt 
that,  in  establishing  the  formula?,  they  followed  the 
analogy  of  the  legis  actiones.  It  is  the  conclusion 
of  an  ingenious  writer,1  "that  the  edict  of  the  prae- 
tor urbanus  was  in  the  main  part  relating  to  actions 
arranged  after  the  model  of  the  old  legis  actiones, 
and  that  the  system  is  apparent  in  the  Code  of  Jus- 
tinian, and  still  more  in  the  Digest." 

Under  the  emperors  there  were  many  commenta- 
tors on  the  Edict.  Thus  we  find  that  Labeo  wrote 
four  books  on  the  Edict,  and  a  work  of  his  in  thirty 
books,  Ad  Edictum  Praetoris  Peregrini,  is  cited  by 
Ulpian.3  When  the  imperial  rescripts  became  com- 
mon, the  practice  of  making  annual  edicts  became 
less  common,  and  after  the  time  of  Hadrian  proba- 
bly fell  nearly  into  disuse  ;  but  this  opinion,  it  should 
be  observed,  is  opposed  by  several  distinguished 
modern  writers.  However  this  may  be,  Salvius  Ju- 
lianus,  a  distinguished  jurist,  who  lived  in  the  time 
of  Hadrian,  and  filled  the  office  of  praetor,  composed 
a  systematic  treatise  on  the  edict,  which  was  called 
Edictum  Perpetuum  ;  and  it  seems  that,  from  the 
date  of  this  treatise,  the  name  Perpetuum  was  more 
particularly  applied  to  this  edictum  than  to  that 
which  was  originally  called  the  Edictum  Perpetu- 
um. Julian  appears  to  have  collected  and  arranged 
the  old  edicts,  and  he  probably  omitted  both  what 
had  fallen  into  disuse,  and  abridged  many  parts, 
thus  giving  to  the  whole  a  systematic  character. 
The  work  of  Julian  must  have  had  a  great  influence 
on  the  study  of  the  law,  and  on  subsequent  juristical 
writings.  Nothing  is  known  of  the  details  of  this 
treatise.  It  does  not  seem  probable  that  the  edicts 
of  the  two  Romans  praetors,  together  with  the  Edic- 
tum Provinciale,  and  the  edicts  of  the  curule  aediles, 
were  blended  into  one  in  this  compilation.  If  the 
work  of  Julian  comprehended  all  these  edicts,  they 
must  have  been  kept  distinct,  as  the  subject  matter 
of  them  was  different.  We  know  that  the  edicts  of 
the  curule  aediles  were  the  subject  of  distinct  treati- 
ses by  Gaius,  Ulpian,  and  Paulus,  and  the  Edictum 
Provinciale  wrould,  from  its  nature,  be  of  necessity 
kept  separate  from  all  the  rest.  But  some  writers 
are  of  opinion  that  the  Edictum  Perpetuum  of  Juli- 
anus  made  one  body  of  law  out  of  the  edicta  of  the 
praetor  urbanus  and  peregrinus  ;  that  there  was  also 
incorporated  into  it  much  of  the  Edictum  Provinci- 
ale, and  a  large  part  of  the  Edictum  ^Edilicium,  as 
an  appendage  at  least.  The  Edict  thus  arranged 
and  systematized  was,  it  is  farther  supposed,  pro- 
mulgated in  the  provinces,  and  thus  became,  as  far 
as  its  provisions  extended,  a  body  of  law  for  the 
Empire.  This  view  of  the  edictum  of  Julianus  is 
confirmed  by  the  fact  of  Italy  being  divided  by  Ha- 
drian into  the  city  of  Rome  with  its  appurtenant 
part,  and  four  districts.  The  magistratus  remained 
as  before,  but  the  jurisdiction  of  the  praetor  was  lim- 
ited to  Rome  and  its  territory  ;  and  magistrates, 
called  consulares,  and  subsequently,  in  the  time  of 
Aurelius,  juridici,  were  appointed  to  administer  jus- 
tice in  the  districts.  As  the  edictal  power  of  the 
praetor  was  thus  limited,  the  necessity  for  a  com- 
prehensive Edict  (such  as  the  Edictum  Perpetuum* 
is  the  more  apparent. 

There  were  numerous  writings  on  the  Edict  be- 
sides those  above  enumerated.  They  were  some- 
times simply  entitled  ad  Edictum,  according  to  th» 


1.  (Rhein.  Mus.  fur  Juris.,  i. 
Edictes,  von  Heftier.")— 2.  (Dig 


p.  51.  —  "Die  (Economic  (let 
4,  tit.  3,8.  9.) 

189 


EIREN. 


EISANGEL1A. 


stations  in  the  Digest ;  and  there  were  alsq  other  ju- 
ristical writings,  not  so  entitled,  which  followed  the 
order  of  the  Edict,  as,  for  instance,  the  epitome  of 
Hermogenianus.1  Ultimately  the  writings  on  the 
Edict,  and  those  which  followed  the  arrangement  of 
the  Edict,  obtained  more  authority  than  the  Edict 
itself,  and  became  the  basis  of  instruction. 

Some  few  fragments  of  the  older  edicts  are  found 
here  and  there  in  the  Roman  writers,  but  it  is  chief- 
ly from  the  writings  of  the  jurists  as  excerpted  in 
the  Digest  that  we  know  anything  of  the  Edict  in  its 
later  form.  It  seems  pretty  clear  that  the  order  of 
Justinian's  Digest,  and  more  particularly  that  of  his 
Code,  to  some  extent  followed  that  of  the  Edict. 
The  writings  on  the  Edict,  as  well  as  the  Edict  it- 
self, were  divided  into  tituli  or  rubrics,  and  these 
into  capita;  some  special  or  detached  rules  were 
named  clausula? ;  and  some  parts  were  simply  named 
edictum,  as  Edictum  Carbonianum,  &c. 

The  Edicta  or  Edictales  Leges  of  the  emperors 
are  mentioned  under  Constitutio. 

The  Digest,  as  already  observed,  contains  "nu- 
merous fragments  of  the  Edicts.  Th3  most  com- 
plete collection  of  the  fragments  of  the  Edicts  is  by 
Wieling,  in  his  "Fragmenta  Edicti.Perpetui,"  Fra- 
nek.,  1733.  The  latest  essay  on  the  subject  is  by 
0.  G.  L.  de  Weyhe.  "  Libri  Tres  Edicti  sive  de  ori- 
gine  fatisque  Jurisprudentiae  Romanae  praesertim 
Edictorum  Praetoris  ac  de  forma  Edicti  Perpetui," 
Cell.,  1821.  The  twenty-first  book  of  the  Digest2 
is  on  the  ^Edilicium  Edictum.  (Zimmern,  Geschich- 
te des  Rom.  Privatrechts. — Marezoll,  Lehrbuch,  &c. — 
Rein,  Das  Romische  Privatrecht,  &c,  ein  Hulfsbuch 
zur  erklarung  dcr  alten  Classiker,  &c,  Leipzig,  1836, 
a  useful  work. — Savigny,  Geschichte  des  R.  R.,  &c, 
toI  i    c   1  } 

EDICTUM  THEODORICI.  This  is  the  first 
collection  of  law  that  was  made  after  the  downfall 
of  the  Reman  power  in  Italy.  It  was  promulgated 
by  Theodoric,  king  of  the  Ostrogoths,  at  Rome,  in 
the  year  A.D.  500.  It  consists  of  154  chapters,  in 
which  we  recognise  parts  taken  from  the  Code  and 
Novellas  of  Theodosius,  from  the  Codices  Gregoria- 
nus  and  Hermogenianus,  and  the  Sententiae  of  Pau- 
lus.  The  Edict  was  doubtless  drawn  up  by  Roman 
writers,  but  the  original  sources  are  more  disfigured 
and  altered  than  in  any  other  compilation.  This 
collection  of  law  was  intended  to  apply  both  to  the 
Goths  and  the  Romans,  so  far  as  its  provisions  went ; 
but  when  it  made  no  alteration  in  the  Gothic  law, 
that  law  was  still  to  be  in  force.  There  is  an  edi- 
tion of  this  Edictum  by  G.  F.  Rhon,  Halae,  1816, 
4to.3 

EEDNA.     (Vid.  Dos,  Greek.) 

EICOSTE  (bikoott])  was  a  tax  or  duty  of  one 
twentieth  (five  per  cent.)  upon  all  commodities  ex- 
ported or  imported  by  sea  in  the  states  of  the  allies 
subject  to  Athens.  This  tax  was  first  imposed 
B.C.  413,  in  place  of  the  direct  tribute  which  had  up 
to  this  time  been  paid  by  the  subject  allies ;  and 
the  change  was  made  with  the  hope  of  raising  a 
greater  revenue.*  This  tax,  like  all  others,  was 
farmed,  and  the  farmers  of  it  were  called  eUooTOA.6- 
yot.  It  continued  to  be  collected  in  B.C.  405,  as 
Aristophanes  mentions  an  eloKooroAoyog  in  the 
Frogs.8 

EICOSTOL'OGOI.     (Vid.  Eicoste.) 

EIREN  or  IREN  (elpr/v  or  Ipjjv)  was  the  name 
given  to  the  Spartan  youth  when  he  attained  the 
age  of  twenty.  At  the  age  of  eighteen  he  emerged 
from  childhood,  and  was  called  ficTilelprjv.6  When 
he  had  attained  his  twentieth  year,  he  began  to  ex- 


1.  (Dig.  1,  tit.  5,s.  2.)— 2.  (tit.  1.)  — 3.  (Savigny,  Geschichte 
ties  R.  R.,  &c.)— 4.  (Thucyd.,  vii.,  28.)— 5.  (1.  348.  —  Vid. 
^ri',ch.  Publ.  Econ.  of  Athens,  ii.,  p.  38,  139.)— 6.  (Plut.,  Lye, 


■   •/ 


390 


ercise  a  direct  influence  over  his  junioi  4,  and  wa» 
intrusted  with  the  command  of  troops  in  battle. 
The  word  appears  to  have  originally  signified  a  com- 
mander. Hesychius  explains  'Ipavec  by  ap^ovref, 
diuKovrec  :  and  elpjjvd^c.i  by  Kparet.  The  Ipeveg  men- 
tioned in  Herodotus1  were  certainly  not  youtha,  but 
commanders.2 

EIS'AGEIN.     (Vid.  Eisagogeis.) 

EISAGO'GEIS  (Eioayuyelc)  were  not  themselves 
distinct  classes  of  magistrates,  but  the  name  waa 
given  to  the  ordinary  magistrates  when  they  were 
applied  to  to  bring  a  cause  (eladyeLv)  into  a  propei 
court.  (Vid.  Diaitetai,  p.  354,  and  Dice,  p.  358.) 
The  cause  itself  was  tried,  as  is  explained  under 
Dice,  by  dicasts  chosen  by  lot ;  but  all  the  prelimi- 
nary proceedings,  such  as  receiving  the  accusation, 
drawing  up  the  indictment,  introducing  the  cause 
into  court,  &c,  were  conducted  by  the  regular  ma- 
gistrate, who  attended  in  his  own  department  to  all 
that  was  understood  in  Athenian  law  by  the  rjys/uo- 
via  tov  diKaarijpiov.  Thus  we  find  the  strategi,  the 
logistas,  the  k^icrdrai  tuv  drjjxocicdv  ipyuv,  the  em- 
ueTnjTal  tov  e/x-Kopiov,  &c,  possessing  this  rjyefiovia  ; 
but  it  was  not  the  chief  business  of  any  of  the  pub- 
lic magistrates  except  of  the  archons,  and  perhaps 
of  the  eleven.  The  chief  part  of  the  duties  of  the 
former,  and  especially  of  the  thesmothetag,  consisted 
in  receiving  accusations  and  bringing  causes  to  trial 
(eladyetv)  in  the  proper  courts.  (Vid.  Akchon,  p, 
84.)3 

EISANGELTA  (elaayyeXia)  signifies,  in  its  pri 
mary  and  most  general  sense,  a  denunciation  of 
any  kind,*  but  much  more  usually,  an  information 
laid  before  the  council  or  the  assembly  of  the  peo- 
ple, and  the  consequent  impeachment  and  trial  of 
state  criminals  at  Athens  under  novel  or  extraordi- 
nary circumstances.  Among  these  were  the  occa- 
sions upon  which  manifest  crimes  were  alleged  to 
have  been  committed,  and  yet  of  such  a  nature  a3 
the  existing  laws  had  failed  to  anticipate,  or,  ai 
least,  describe  specifically  (aypafya  udiKrjfj.aTa)y  tne 
result  of  which  omission  would  have  been,  but  for 
the  enactment  by  which  the  accusations  in  question 
might  be  preferred  (vo/noc  elaayyeXTiKoc),  that  a 
prosecutor  would  not  have  known  to  what  magis- 
trate to  apply ;  that  a  magistrate,  if  applied  to, 
could  not  with  safety  have  accepted  the  indictment 
or  brought  it  into  court ;  and  that,  in  short,  there 
would  have  been  a  total  failure  of  justice.5  The 
process  in  question  was  peculiarly  adapted  to  sup- 
ply these  deficiencies  :  it  pointed  out,  as  the  author- 
ity competent  to  determine  the  criminality  of  the 
alleged  act,  the  assembly  of  the  people,  to  which 
applications  for  this  purpose  might  be  made  on  the 
first  business-day  of  each  prytany  (fcvp'ia  eKulrjoia6), 
or  the  council,  which  was  it  all  times  capable  of 
undertaking  such  investigations  ;  and  occasionally 
the  accusation  was  submitted  to  the  cognizance  of 
both  these  bodies.  After  the  offence  had  been  de- 
clared penal,  the  forms  of  the  trial  and  amount  of 
the  punishment  were  prescribed  by  the  same  au- 
thority ;  and,  as  upon  the  conviction  of  the  offenders 
a  precedent  would  be  established  for  the  future,  the 
whole  of  the  proceedings,  although  extraordinary, 
and  not  originating  in  any  specific  law,  iriay  be  con- 
sidered as  virtually  establishing  a  penal  statute, 
retrospective  in  its  first  application.7 

The  speech  of  Euryptolemus8  clearly  shows  thai 
the  crime  charged  against  the  ten  generals  who 
fought  at  Arginusae  was  one  of  these  unspeci- 
fied offences.  The  decree  of  the  senate  against 
Antiphon  and  his  colleagues,9  directing  that  they 

1.  (ix.,  85.)— 2.  (Miiller,  Dorians,  ii.,  p.  315.)— 3.  (Hermann, 
Pol.  Ant.  of  Greece,  $  138.)  — 4.  fSchbmann,  De  Com.,  p.  181. » 
5.  (Harpocrat.,  s.  v.) — 6.  (Harpocrat.)--T.  (Lycurg.,  c.  Leocrat.. 
149,  ed.  Steph.)— 8.  (Xen.,  Hell.,  i.,  7,  sub  fin.)— 9.  (Vit  D^' 
Orat.  in  Antiph  .  833,  E.) 


EISANGELIA. 


EISITER1A 


snould  be  tried,  and,  if  found  guilty,  punished  as 
traitors,  seems  to  warrant  the  inference  that  their 
delinquency  (viz.,  having  undertaken  an  embassy 
to  Sparta  by  order  of  the  Four  Hundred,  a  govern- 
ment declared  illegal  upon  the  reinstatement  of  the 
democracy)  did  not  amount  to  treason  in  the  usual 
sense  ui  the  term,  but  required  a  special  declaration 
by  the  senate  to  render  it  cognizable  as  such  by  the 
Heliaea.  Another  instance  of  treason  by  implica- 
tion, prosecuted  as  an  extraordinary  and  unspecified 
crime,  appears  in  the  case  of  Lcocrates,  who  is,  in 
the  speech  already  cited,  accused  of  having  absent- 
ed himself  from  his  country,  and  dropped  the  char- 
acter of  an  Athenian  citizen  at  a  time  when  the 
state  was  in  imminent  danger.  Offences,  however, 
of  this  nature  were  by  no  means  the  only  ones,  nor, 
indeed,  the  most  numerous  class  of  those  to  which 
extraordinary  denunciations  were  applicable.  They 
might  be  adopted  when  the  charge  embraced  a 
combination  of  crimes,  as  that  of  treason  and  impi- 
ety in  the  famous  case  of  Alcibiades,  for  each  of 
which  a  common  indictment  (ypafyrj)  was  admissi- 
ble when  the  accused  were  persons  of  great  influ- 
ence in  the  state,  when  the  imputed  crime,  though 
punishable  by  the  ordinary  laws,  was  peculiarly 
heinous,  or  when  a  more  speedy  trial  than  was  per- 
mitted by  the  usual  course  of  business  was  requisite 
to  accomplish  the  ends  of  justice.1  Circumstances 
such  as  these  would,  of  course,  be  very  often  pre- 
tended by  an  informer,  to  excite  the  greater  odium 
against  the  accused,  and  the  adoption  of  the  process 
in  question  must  have  been  much  more  frequent 
than  was  absolutely  necessary. 

The  first  step  taken  by  the  informer  was  to  re- 
duce his  denunciation  to  writing,  and  submit  it  im- 
mediately to  the  cognizance  of  the  council,  which 
had  a  discretionary  power  to  accept  or  reject  it.8 
Schomann  maintains  that  a  reference  to  this  body 
was  also  necessary  when  it  was  intended  to  bring 
the  matter  before  the  assembly  of  the  people,  but 
that  its  agency  was  in  such  cases  limited  to  permit- 
ting the  impeachment  to  be  announced  for  discus- 
sion, and  directing  the  proedri  to  obtain  a  hearing 
for  the  informer.  The  thesmothetae  are  also  men- 
tioned by  Pollux3  as  taking  part  in  bringing  the 
matter  before  the  assembly,  but  upon  what  occasion 
they  were  so  employed  we  can  only  conjecture. 

In  causes  intended  for  the  cognizance  of  the 
council  only,  after  the  reception  of  the  denuncia- 
tion, three  courses  with  respect  to  it  might  be 
adopted  by  that  body.  If  the  alleged  offence  were 
punishable  by  a  fine  of  no  greater  amount  than  five 
hundred  drachmae,  the  council  itself  formed  a  court 
competent  for  its  trial ;  if  it  was  of  a  graver  char- 
acter, they  might  pass  a  decree,  such  as  that  in  the 
case  of  Antiphon  already  mentioned,  directing  the 
proper  officers  to  introduce  the  cause  to  a  Heliastic 
court,  and  prescribing  the  time  and  forms  of  the 
trial,  and  the  penalty  to  be  inflicted  upon  the  con- 
viction of  the  criminals  ;  lastly,  if  the  matter  were 
highly  important,  and  from  doubts  or  other  reasons 
they  required  the  sanction  of  the  assembly,  they 
might  submit  the  cause  as  it  stood  to  the  consider- 
ation of  that  body.  Tn  the  first  case,  the  trial  was 
conducted  before  the  council  with  all  the  forms  of 
an  ordinary  court ;  and  if,  upon  the  assessment  of 
penalties,  the  offence  seemed  to  deserve  a  heavier 
punishment  than  fell  within  its  competency,  the 
trial  was  transferred  to  a  Heliastic  court,  by  the 
delivery  of  the  sentence  of  the  council  (Karuyvooig) 
to  the  thesmothetae  by  the  scribe  of  the  prytanes, 
and  upon  these  officers  it  then  devolved  to  bring 
the  criminals  to  justice.*  The  accused  were  in  the 
mean  while  put  into  prison  for  safe  custody  by  the 

1.  (Schomann,  De  Com.,  p.   190.— Harpocrat.)—  2.  (Lys.,  c 
Wicom.,  185.;— 3.  (viii  .  87.)— 4.  (Demost.h.,  c.  Timocr.,  720.) 


authority  of  the  council.  When  the  offence  was 
obviously  beyond  the  reach  of  the  senate's  compe« 
tency,  the  trial  was  dispensed  with,  and  a  decree 
immediately  drawn  up  for  submitting  the  cause  to  a 
superior  court. 

When  a  cause  of  this  kind  was  so  referred,  the 
decree  of  the  senate,  or  vote  of  the  people,  associa- 
ted other  public  advocates,  generally  ten  in  number, 
with  the  informer,  who  received  a  drachma  eao.*i 
from  the  public  treasury  (awr/yopoi).  And  besides 
these,  permission  was  given  to  any  other  citizen  to 
volunteer  his  services  on  the  side  of  the  prosecu 
tion.  If  the  information  were  laid  before  the  as- 
sembly, either  by  the  accuser  himself  or  the  senate, 
the  first  proceedings  in  the  cause  had  for  their  ob- 
ject to  establish  the  penalty  of  the  offence,  or  the 
apparent  culpability,  of  the  accused  ;  and  this  being 
decided  by  a  vote  of  the  people  after  a  public  dis- 
cussion, the  mode  of  conducting  the  trial  and  the 
penalty  were  next  fixed.  In  the  case  of  the  ten 
generals,  the  assembly  directed  that  the  senate 
should  propose  the  requisite  arrangements.  The 
plan  of  the  senate,  however,  was  not  necessarily 
adopted,  but  might  be  combated  by  rival  proposals 
of  any  private  citizen.  The  assembly  very  often 
referred  the  matter  to  the  Heliastic  court,  but  oc- 
casionally undertook  the  trial  itself;  and  when  the 
prisoner  was  accused  of  treason,  we  are  told1  that 
he  made  his  defence  to  the  assembly  in  chains,  and 
with  a  keeper  upon  either  side ;  and,  according  to 
another  authority,3  that  the  time  for  such  defence 
was  limited.  After  this  the  tribes  voted  by  ballot, 
two  urns  being  assigned  to  each  tribe  for  this  pur- 
pose. The  informer,  in  the  event  of  the  prisoner 
being  acquitted,  was  subjected  to  no  penalty  if  btj 
obtained  the  votes  of  as  many  as  a  fifth  of  the 
judges  ;  otherwise  he  was  liable  to  a  fine  of  a 
thousand  drachmae.  For  a  more  ample  discussion 
of  the  trials  in  question,  the  reader  is  referred  to 
Schomann.3 

Besides  the  class  of  causes  hitherto  described, 
there  were  also  two  others  which  equally  bore  the 
name  of  uoayyzkia,  though  by  no  means  of  the  same 
importance,  nor,  indeed,  much  resembling  it  in  the 
conduct  of  the  proceedings.  The  first  of  these  con- 
sists of  cases  of  alleged  Kanuaiq,  i.  e.,  wrong  done 
to  aged  or  helpless  parents,  women,  or  orphans. 
Upon  such  occasions  the  informer  laid  his  indict- 
ment before  the  archon  if  the  aggrieved  persons 
were  of  a  free  Attic  family,  or  before  the  polemarch 
if  they  were  resident  aliens.  The  peculiarities  of 
this  kind  of  cause  were,  that  any  Athenian  citizen 
might  undertake  the  accusation  ;  that  the  informer 
was  not  limited  as  to  time  in  his  address  to  the 
court,  and  incurred  no  penalty  whatever  upon  fail- 
ing to  obtain  a  verdict.  With  respect  to  the  ac- 
cused, it  is  obvious  that  the  cause  must  have  been 
TL\irirbq,  or,  in  other  words,  that  the  court  would 
have  the  power  of  fixing  the  amount  of  the  penalty 
upon  conviction.  The  third  kind  of  eiaayyeAia  was 
available  against  one  of  the  public  arbitrators  (6iai- 
TTjTTjc),  when  any  one  complained  of  his  having 
given  an  unjust  verdict  against  him.  The  informa- 
tion was  in  this  case  laid  before  the  senate  ;  and 
that  the  magistrate  who  had  so  offended,  or  did  not 
appear  to  defend  himself,  might  be  punished  by  dis- 
franchisement, we  know  from  the  instance  men- 
tioned by  Demosthenes.*  This  passage,  however, 
and  an  allusion  to  it  in  Harpocration,  constitute 
the  whole  of  our  information  upon  the  subject.6 

EISITE'RIA  (E'tGLTr/pia,  scil.  iepa\  sacrifices 
which  were  offered  at  Athens  by  the  senate  before 
the  session  began,  in  honour  of  Oeol  Bov?<,aloi,  i.  e., 


1.  (Xen.,  1.  c  )— 2.  (Schol.  ad  Aristoph.,  Eccles.,  1061.)— I 
(De  Comitiis.  c.  iii.)— 4.  (c.  Meid.,  542,  14.)— 5.  (HudtwalckeB 
iiber  d.e  Diftt.et .  p.  19  — Meier,  Att.  Proc,  270.) 

391 


E1SPH0RA. 


EISPHORA. 


&eii3  and  Athena.1    The  sacrifice  was  accompanied 
by  libations,  and  a  common  meal  for  all  the  senators.* 

Suidas3  calls  the  dairr^pia  a  festive  day— the  first 
of  every  year — on  which  all  the  Athenian  magis- 
trates entered  upon  their  office,  and  on  which  the 
senate  offered  up  sacrifices  for  the  purpose  of  ob- 
taining the  good- will  of  the  gods  for  the  new  magis- 
trates. But  this  statement,  as  well  as  the  farther 
remarks  he  adds,  seem  to  have  arisen  from  a  gross 
misunderstanding  of  the  passage  of  Demosthenes* 
to  which  he  refers.  Schomann5  adopts  the  account 
of  Suidas,  and  rejects  the  other  statement  without 
giving  any  reason. 

EIS'PHORA  (eiacpopd),  literally  a  contribution  or 
tribute,  was  an  extraordinary  tax  on  property,  raised 
at  Athens  whenever  the  means  of  the  state  were 
not  sufficient  to  carry  on  a  war.  The  money  thus 
raised  was  sometimes  called  rit  KaraSXrifiara.6  We 
must  carefully  distinguish  between  this  tax  and  the 
various  liturgies  which  consisted  in  personal  or  di- 
rect services  which  citizens  had  to  perform,  where- 
as the  elaQopd  consisted  in  paying  a  certain  contri- 
bution towards  defraying  the  expenses  of  a  war. 
Some  ancient  writers  do  not  always  clearly  distin- 
guish between  the  two,  and  Ulpian  on  Demosthenes7 
entirely  confounds  them  ;  and  it  is  partly  owing  to 
these  inaccuracies  that  this  subject  is  involved  in 
great  difficulties.  At  the  time  when  armies  consist- 
ed only  of  Athenian  citizens,  who  equipped  them- 
selves and  served  without  pay,  the  military  service 
was  indeed  nothing  but  a  species  of  extraordinary 
liturgy;  but  when  mercenaries  were  hired  to  per- 
form the  duties  of  the  citizens,  when  wars  became 
more  expensive  and  frequent,  the  state  was  obliged 
to  levy  contributions  on  the  citizens  in  order  to  be 
able  to  carry  them  on,  and  the  citizens  then  paid 
money  for  services  which  previously  they  had  per- 
formed in  person. 

It  is  not  quite  certain  when  this  property-tax  was 
introduced ;  for,  although  it  is  commonly  inferred, 
from  a  passage  in  Thucydides,8  that  it  was  first  in- 
stituted in  428  B.C.  in  order  to  defray  the  expenses 
of  the  siege  of  My  tile  ne,  yet  we  find  eiofyopd  men- 
tioned at  an  earlier  period  ;9  and  even  the  passage 
of  Thucydides  admits  of  an  interpretation  quite  in 
accordance  with  this,  for  it  is  certainly  not  impos- 
sible that  he  merely  meant  to  say  that  so  large  an 
amount  as  200  talents  had  never  before  been  raised 
as  elofyopd.  But,  however  this  may  be,  after  the 
year  428  B.C.  this  property-tax  seems  to  have  fre- 
quently been  raised,  for  a  few  years  afterward 
Aristophanes10  speaks  of  it  as  something  of  common 
occurrence.  Such  a  contribution  could  never  be 
raised  without  a  decree  of  the  people,  who  also  as- 
signed the  amount  required  ;u  and  the  generals 
superintended  its  collection,  and  presided  in  the 
courts  where  disputes  connected  with,  or  arising 
from,  the  levying  of  the  tax  were  settled.18  Such 
disputes  seem  to  have  occurred  rather  frequently  ; 
personal  enmity  not  seldom  induced  the  officers  to 
tax  persons  higher  than  was  lawful,  according  to 
the  amount  of  their  property.13  The  usual  expres- 
sions for  paying  this  property- tax  are,  eia<j>epecv 
Xpf;p:aTa,  elcrtpspELv  elg  tov  noT^e/iov,  elg  ttjv  ocjTwpiav 
ttiq  noleue,  el<7(j)opdg  ela<p£pet.v,  and  those  who  paid  it 
were  called  ol  el<y<pepovTeg.  On  the  occasion  men- 
tioned by  Thucydides,  the  amount  which  was  raised 

1.  (Antiph.,  De  Chor.,  p.  789,— Bockh,  Corp.  Inscript.,  i.,  p. 
I>71.) — 2.  (Demosth.,  De  Fals.  Leg.,  p.  400,  24. — Compare  with 
e.  Meid.,  p.  552,  2,  whera  dam'/pia  are  said  to  he  offered  for  the 
senate,  virlp  rrjs  /3ouAr?j.)—  3.  (s.v.) — 4.  (De  Fals.  Leg.,  p.  400.) 
5.  (De  Comit.,  p,  291,  transl.) — 6.  (Demosth.,  c.  Timocr.,  p. 
731.)— 7.  (Olynth.,  ii.,  p.  33,  e.)— 8.  (iii.,  19.)— 9.  (Fid.  Antiph., 
Tetral.,  i.  b,,  c.  12. — Isaeus,  De  DiciEOg.,  c.  37;  and  Tittmann, 
Griech.  Staats7.,  p.  41,  note  31.,— 10.  (Equit.,  922.)— 11.  (De- 
mosth., c.  PolycL,  p.  1208.  —  Aristoph.,  Eccles.,  818.)  —  12. 
(Wolf,  Proleg.  in  Leptin.,  p.  94. — Demosth.,  c.  Breot.,  p.  1002.) 
-—13.  (Aristoph.  1  c— Demosth.,  c.  Aphob.,  p.  815.) 
392 


was,  as  we  have  seen,  200  talents,  which  it  we 
suppose  the  taxable  property  to  have  been  20,000 
talents,  was  a  tax  of  one  per  cent.1  At  other  times 
the  rates  were  higher  or  lower,  according  to  the 
wants  of  the  Republic  at  the  time:  we  have  ac- 
counts of  rates  of  a  twelfth,  a  fiftieth,  a  hundredth, 
and  a  five  hundredth  part  of  the  taxable  property 

The  census  of  Solon  was  during  the  first  period 
the  standard  according  to  which  the  ela<popd  wai 
raised,  until  in  377  B.C.,  in  the  archonship  of  Nau- 
sinicus,  a  new  census  was  instituted,  in  which  the 
people,  for  the  purpose  of  fixing  the  rates  of  the 
property-tax,  were  divided  into  a  number  of  sym- 
moriae (avp/LLopiat)  or  elasses,  similar  to  those  which 
were  afterward  made  for  the  trierarchy.8  The  na- 
ture of  this  new  census,  notwithstanding  the  minute 
investigation  of  Bockh,3  is  still  involved  in  great  ob- 
scurity. Each  of  the  ten  phylae,  according  to  Ul- 
pian, appointed  120  of  its  wealthier  citizens,  who 
were  divided  into  two  parts,  according  to  their  prop- 
erty, called  symmoriae,  each  consisting  of  sixty  per- 
sons ;  and  the  members  of  the  wealthier  of  the  two 
symmoriae  were  obliged,  in  case  of  urgent  necessity, 
to  advance  to  the  less  wealthy  the  sum  required  foi 
the  elatyopd  (irpoeicjcpopd*).  When  the  wants  of  the 
state  had  been  thus  supplied,  those  who  had  advan- 
ced the  money  could  at  their  ease,  and  in  the  usual 
way,  exact  their  money  back  from  those  to  whom 
they  had  advanced  it.  The  whole  number  of  per- 
sons included  in  the  symmoriae  was  1200,  who  were 
considered  as  the  representatives  of  the  whole  Re- 
public ;  it  would,  however,  as  Bockh  justly  observes, 
be  absurd  to  suppose,  with  Ulpian,  that  these  1200 
alone  paid  the  property-tax,  and  that  all  the  rest 
were  exempt  from  it.  The  whole  census  of  6000, s 
or,  more  accurately,  of  5750  talents,6  was  surely  not 
the  property  of  1200  citizens,  but  the  taxable  prop- 
erty of  the  whole  Republic.  Many  others,  therefore, 
though  their  property  was  smaller  than  that  of  the 
1200,  must  have  contributed  to  the  elo<]>opd,  and 
their  property  must  be  considered  as  included  in 
the  census  of  5750  talents  of  taxable  property. 

The  body  of  1200  was,  according  to  Ulpian,  also 
divided  into  four  classes,  each  consisting  of  300. 
The  first  class,  or  the  richest,  were  the  leaders  of 
the  symmoriae  (r/yefiover  ov/u/uopiuv),  and  are  often 
called  the  three  hundred  na?  ki-oxvv.  They  proba- 
bly conducted  the  proceedings  of  the  symmoriae, 
and  they,  or,  which  is  more  likely,  the  demarchs, 
had  to  value  the  taxable  property.  Other  officers 
were  appointed  to  make  out  the  lists  of  the  rates, 
and  were  called  kmypafyeZg,  diaypafyug,  or  eK^oyeic. 
When  the  wants  of  the  state  were  pressing,  the  300 
leaders,  perhaps  in  connexion  with  the  300  includeu 
in  the  second  class — for  Ulpian,  in  the  first  portion 
of  his  remark,  states  that  the  richer  symmoria  of 
every  phyle  had  to  perform  this  duty — advanced 
the  money  to  the  others  on  the  above-mentioned 
terms,7  which,  however,  was  never  done  unless  i* 
was  decreed  by  the  people.8  The  rates  of  taxation 
for  the  four  classes  have  been  made  out  with  great 
probability  by  Bockh,9  from  whose  work  the  follow, 
ing  table  is  taken  : 

First  Class,  from  twelve  talents  upviard. 

Property.  Taxable.         Taxable  Capital.  oF^OtT^rt 

500  tal.  \  .  100  tal 5  tal. 

100   "  .  \  .  20   "      ....       1    " 

50   "  .  |  •  10   "      ....     30min. 

15   "  .  £  .         3   "      ....       9     " 

12  "  .  i  .        2  tal.  24  min       .  720  drach. 


I.  (Bockh,  Staatsh.,  ii.,  p.  56.) — 2.  (Philoch.,  ap.  Harpocrat 
8.  v.  Yvpfiopia. — Demosth.,  c.  Androt.,  p.  606. — Ulpian  ad  De- 
mosth., Olynth.,  ii.,  p.  33,  e.) — 3.  (Staatsh.,  book  iv.) — 4.  (D»* 
mosth.,  c.  Meid.,  p.  564,  &c.) — 5.  (Demosth.,  De  Symmor.) — & 
(Polyb.,  ii.,  62,  t)  7.)— 7.  (Demosth.,  c.  Phsnipp.,  p.  140.)--% 
(Demosth.,  c.  Polycl.,  p.  1209  )— 9.  (Staatsh.,  ii.,  p.  55.) 


ELAIOMELI. 


ELECTRUM. 


Kecond  Class,  from  six  talents  and  upward,  but  under 

twelve. 


Property. 

11  tal. 

10  " 
8  " 
7  " 
6  " 


Tumble. 

1 

•  U"      • 
1 

•  tf      • 
1 

1 


Taxable  Capital. 


tal. 


50 
40 
20 
10 


mm. 
it 


Property-tax 
of  l-20th  part. 

550  drach. 
500   " 
400   " 
350   " 
300   " 


Property. 

5  tal. 
4  " 
3   " 
2±" 
2   " 


Third  Class,  from  two  talents  upward,  but  under  six. 

Taxable.         Taxable  Capital.  of  j  Joth  part. 

37£min.     .     .     .  187*  drach. 
30       " 
22J-     " 

18|     " 


i 
i 

■ff 

i 

s 
i 

s 
1 
■g 


15 


150 
112* 
93J 
75 


u 


Fmrth   Class,  from  twenty-five  mince   upward,   but 
under  two  talents. 


Property. 

1*  tal. 

1     " 
45  min. 
30     " 
25     " 


Taxable. 

I 

1  0      • 
1 

1  o     • 
1 

io     • 

1 
To     ' 

l 
To"    ' 


Taxable  Capital. 

900  drach. 
600   " 
450   " 
300   " 
250   " 


Property-tax 
of  l-30th  part. 

45  drach. 
30      " 
22J-    « 
15 
12* 


«« 


Every  one  had  to  pay  his  tax  in  the  phyle  where 
his  landed  property  lay,  as  appears  from  the  oration 
of  Demosthenes  against  Polycles  ;  and  if  any  one 
refused  to  pay,  the  state  had  a  right  to  confiscate 
his  estate,  hut  not  to  punish  the  individual  with 
atimia.1  But  if  any  one  thought  that  his  property 
was  taxed  higher  than  that  of  another  man  on 
whom  juster  claims  could  be  made,  he  had  the  right 
to  call  upon  this  person  to  lake  the  office  in  his 
stead,  or  to  submit  to  a  complete  exchange  of  prop- 
erty. (Vid.  Antidosis.)  No  Athenian,  on  the  other 
hand,  if  belonging  to  the  tax-paying  classes,  could 
be  exempt  from  the  elcnpopd,  not  even  the  descend- 
ants of  Harmodius  and  Aristogiton.2  Orphans, 
though  exempt  from  liturgies,  were  obliged  to  pay 
the  property-tax,  as  we  see  in  the  instance  of  De- 
mosthenes, who  was  one  of  the  leaders  of  the  sym- 
morise  for  ten  years.3  Even  trierarchs  were  not  ex- 
empt from  paying  the  efo<j>opa  themselves,  although 
they  could  not  be  compelled  to  pay  the  7rpoeio<popa* 
It  seems  that  aliens  were  likewise  subject  to  it,  for 
the  only  instance  we  have  of  any  exception  being 
made  is  one  of  aliens.6 

For  farther  information  concerning  the  subject 
oi  the  elatiopd,  vid.  the  fourth  book  of  Bbckh's  Pub- 
lic Economy  of  Athens. — Wolf,  Prolegomena  in  hep- 
tin. — Wachsmuth,  Hellen.  Alterth.,  ii.,  1,  p.  136. — 
Hermann,  Pol.  Ant.  of  Greece,  §  162. 

EISPOIEISTHAI  (e'unroutodai).  (Vid.  Adop- 
tiox  Greek  } 

eLeOTHE'SIUM.     (Vid.  Baths,  p.  148.) 

*ELAIA  (eXala),  the  Olive.  The  common  ekaia 
oi  the  Greek  authors  is  the  Olea  Europcea,  L.  The 
iXaia  kidLOTTLKrj,  called  also  dypielaia  and  kotlvoc,  is 
leferred  by  Matthiolus  and  Sprengel  to  several  spe- 
cies of  the  Elaiagnus,  namely,  E.  spinosa,  E.  hor- 
tensis,  and  E.  Orientalis.6 

♦ELAIAG'NUS  or  ELEIAG'NUS  (klaiayvoc  or 
kXeiayvoc),  a  plant  mentioned  by  Theophrastus,7 
and  -which  is  thought,  from  the  description  which 
he  gives  of  it,  to  have  been  the  same  with  the  Dutch 
Myrtle,  or  Myrica,  Gale  Sprengel,  however,  is  in 
favour  of  the  Salix  Babyi  xnica,  or  Weeping  Willow.8 

♦ELAIO'MELI  (kXcuo/uli),  according  to  Dr.  Al- 


I.  (Uemo9th.,c.  Androt.,  p.  609  ;  c.  Timor.r.,  p.  752.)— 2.  (De- 
«06th.,  c.  Leptia.,  p.  462.  Ac.)—  3.  (c.  Meid.,  p.  565.— Compare 
Isaius,  ap.  Dionys.  Isseus,  p.  108  ;  or  Orac.  Graec.  vol.  vii.,  p.  331, 
cd.  Reiske.)— 4.  (Demosth.,  c.  Polycl.,  p.  1209  ;'  c.  Fbaemjp.,  p. 
1046.)— 5.  (Marm.  Oxon.,  II.,  xxir.— Bocth,  Staatsh.,  ii.,  p.  75.) 
—6.  (Adams,  Append.,  s.  v.)— 7.  (H.  P. ,  iv.,  9.)—  K  (Adams, 
Append.,  ».  v.) 

Ton 


ston,  a  nort  of  Manna.  Pliny1  says  of  it,  '  Spcmtt 
nascitur  in  Syria  maritimis,  quod  elaomel:  vocant , 
manat  ex  arboribus  pingue,  crassiusque  melle,  resina 
tenuius,  sapor e  dulci."  The  same  writer,  in  another 
part,2  informs  us  that  it  acted  as  an  aperient,  and 
was  particularly  efficacious  in  producing  evacua- 
tions of  bile.  Hard  drinkers,  who  wished  to  con- 
tend for  the  palm  at  a  carousal,  commenced  by 
drinking  a  cyathus  of  diluted  elaeomeli.  Fee  in- 
clines to  make  it  a  terebinthine,  especially  since 
Dioscorides  speaks  of  its  employment  as  a  friction 
in  nervous  disorders.  Pliny  and  Dioscorides  make 
mention,  also,  of  its  soporific  properties  ;  but  this 
seems  inconsistent  with  its  other  qualities,  and  is 
regarded  by  Fee  as  erroneous.3 

ELAPHEBOL'IA  fEAa^oAia),  the  greatest  fes- 
tival  in  the  town  of  Hyampolis,  in  Phocis,  which 
was  celebrated  in  honour  of  Artemis,  in  commem- 
oration, it  is  said,  of  a  victory  which  its  inhabitants 
had  gained  over  the  Thessalians,  who  had  ravaged 
the  country,  and  reduced  the  Phocians  in  the  neigh- 
bourhood of  the  town  nearly  to  the  last  extremity.4 
The  only  particular  which  we  know  of  its  celebra- 
tion is,  that  a  peculiar  kind  of  cake  (eAayoc)  was 
made  on  the  occasion.5  These  cakes  were,  as  their 
name  indicates,  probably  made  in  the  shape  of  a 
stag  or  deer,  and  offered  to  the  goddess.  The  fes- 
tival of  the  elaphebolia  was  also  celebrated  in  many 
other  parts  of  Greece,  but  no  particulars  are  known.' 

ELAPHEBOLTON  ('EAa(f>n6oXiup).  (Vid.  Cal- 
endar, Greek.) 

♦ELAPHOBOS'CUS  (eAacpodooKoc),  the  Garden 
Parsnip,  or  Pastinaca  sativa.  The  popular  belief 
was,  that  the  stags,  by  feeding  on  this,  were  enabled 
to  resist  serpents.  Sibthorp  found  it  in  the  islands 
of  the  Archipelago,  on  the  margins  of  fields,  and  also 
in  the  Peloponnesus.7 

*EI/APHUS  (eXa<poc),  the  Stag,  or  Cervus  Ela- 
phus.  Buffon  makes  the  'nrireXafoc  of  Aristotle  the 
Cerf  des  Ardennes.  The  dxacvnc  of  Aristotle  was 
the  Daguet,  or  Young  Stag.8 

*EL'ATE  (hlurrj).  "  The  common  kldrn  of  the 
Greeks,"  observes  Adams,  "  must  have  been  either 
the  Pinus  Orientalis,  Tournefort,  or  the  Pinus  abies. 
There  is  some  difficulty  in  distinguishing  the  Male 
and  Female  species  of  Theophrastus.9  Stackhouse 
holds  the  former  to  be  the  Pinus  abies,  or  common 
Fir-tree  ;  and  the  latter,  the  Pinus  picea,  or  Yellow 
leaved  Fir.10 

♦ELAT'INE  (elaTivn),  either  the  Linaria  Elatine, 
Desf,  or  Linaria  spuria,  Will.  Its  English  name  is 
Fluellin,  and  it  is  a  species  of  Toad-flax.11 

*ELEB'ORUS.     {Vid.  Helleborus.) 

ELECTRUM.     (Vid.  Bronze,  p.  177.) 

•II.  Amber.  Most  of  the  ancient  authors  erred  in 
supposing  Amber  an  exudation  from  the  poplar. 
Theophrastus,  however,12  would  appear  to  have 
known  its  true  origin.  "  Amber,"  says  he,  "  is 
a  stone.  It  is  dug  out  of  the  earth  in  Liguria, 
and  has,  as  before  mentioned,  a  power  of  attrac- 
tion." Diodorus  Siculus13  knew  that  Amber  came 
from  the  country  north  of  Gaul,  and  that  the  popu- 
lar story  of  its  consisting  of  the  tears  of  those  pop- 
lars into  which  Phaethon's  sisters  were  transformed 
was  a  mere  fable.  Lucnn  was  aware  that  Amber 
was  not  an  exudation  from  the  poplar,  and  that  there 
was  none  of  it  got  at  the  mouth  of  the  Po.  •  The 
common  error  in  relation  to  the  quarter  whence  thi% 
substance  was  obtained,  has  been  explained  as  fol- 


1.  (H.  N.,  iv.,  7.)— 2.  (If.  N.,  xxiii.,  4.)— 3.  (Plin.,  H.  N.,  ed 
Panckoucke,  to1.  xiv.,  p.  367.)— 4.  (Plut.,  De  Mul.  Virt.,  p  267 
— Paus.,  x.,  35,  t>  4.)— 5.  CAthen.,  xv.,  p.  646.;— 6.  (Etyjn.  Mag., 
s.  v.  'EXa^CoXtcivO  —  "'•  (Dioscor,  iii.,  73 —Adams,  Append., 
8.  v.)_ s.  (Schneider  ad  Aristot.,  H.  A.,  ix.,  6.— Aiams,  Ap- 
pend., s.  v.)— 9.  (H.  P.,  i.,3  j  i.,8.)— 10.  (Adams,  Ay  pond..  s.t.; 
—11.  (Dioscor.,  iv.,40.  -Adams,  Append.,  s.  v.)— 12.  (Del.apid., 
c.  53.— Hill,  ad  loc.)-13.  (v.,  23.) 

393 


ELEPflAS. 


ELEVEN,  THE. 


lows  :  The  Phoenician,  and,  after  them,  the  Cartha- 
ginian, traders  obtained  their  supply  of  Amber  from 
the  river  Rodaun,  which  still  retains  its  name,  and 
which  flows  into  the  Vistula  near  Dantzic.  Their 
fea/  of  rivalry,  however,  in  this  lucrative  branch  of 
commerce,  induced  them  to  keep  the  source  of  their 
traffic  involved  in  obscurity.  The  name,  but  not  the 
position  of  the  river,  was  mentioned,  and  hence  the 
Greeks  imagined  that  the  stream  in  question  was 
the  Eridanus,  from  the  similarity  of  name.  "  Am- 
ber," says  Dr.  Moore,  "  was  well  known  to  the  an- 
cients many  centuries  before  the  age  of  Pliny,  and 
various  ornamental  articles  were  made  of  it,  but  in 
his  time  only  for  the  use  of  women.1  His  own  be- 
lief, not  differing  much  from  the  one  now  received, 
is,  that  it  consists  of  the  resinous  juice  of  certain 
trees,  which  had,  in  course  of  time,  become  miner- 
alized in  the  earth.  Hence  was  its  Latin  name 
'  succinurrC  derived,  l  quod  arboris  succxm  prisci  nos- 
tri  credidere.''2  Pliny  says,  the  different  colours  it 
exhibited  in  its  native  state  were  sometimes  pro- 
duced by  artificial  means,  since  they  could  dye  it  of 
whatever  tint  they  pleased  ;  and,  therefore,  it  was 
much  used  in  counterfeiting  translucent  gems,  and 
especially  the  amethyst.  Demostratus3  called  Am- 
ber lyncurion,  supposing  it  produced  from  the  urine 
of  the  lynx  ;  from  that  of  males  when  of  a  deeper 
and  more  fiery  tint,  but  when  feebler  and  paler,  of 
the  other  sex.  Other  writers  spoke  of  lyncurion 
as  a  substance  distinct  from  Amber,  but  having  the 
origin  indicated  by  its  name."* 

*ELEDO'NE  (eXeduvrj),  a  species  of  molluscous 
animal,  briefly  noticed  by  Aristotle5  and  Athenas- 
uk  "  Cor  ay,"  remarks  Adams,  "proposes  to  read 
Xeliijvvac  instead  of  it ;  but  I  agree  with  Schweig- 
heeuser,  that  there  is  no  necessity  for  any  emenda- 
tion. Schneider  inclines  to  refer  it  to  the  Moscha- 
tus  octopus,  Lam."6 

*ELEIOCHRY'SUS  (eIeloxpvgoc)  or  ELI- 
CHRY'SUS  (tXixpvooc),  according  to  some  botani- 
cal authorities,  the  Gnaphalium  stoechas,  L.,  or  Shrub- 
by Everlasting.  Its  Greek  name  was  derived  from 
its  golden -coloured  flowers.  Dioscorides  states 
that  it  was  called  by  some  xPvguvQeiioc,  by  others 
ufiapavroc,  the  latter  name  referring  to  its  perennial 
character,  from  which  circumstance  it  was  used  to 
adorn  the  statues  of  the  gods.  Adams,  however,  is 
in  favour  of  the  Caltha  palustris,  or  Marsh  Mary- 
gold.7 

*ELEIOS  (e?„ei6f),  an  animal  mentioned  by  Aris- 
totle,8 and  supposed  to  have  been  identical  with  the 
uvol-oc,  namely,  the  Glis  of  the  Romans,  which  was 
the  Glis  esculentus,  or  Rellmouse  of  the  later  nat- 
uralists.    Linnasus  calls  it  the  Myoxus  Glis.9 

*ELEIOSELI'NON  (eXeioceIlvov),  most  probably 
the  Apium  graveolens,  wild  Celery,  or  Smallage.10 

*ELELIS'PHAKOS  (klelictyaKos),  the  Salvia  of- 
fic  inalis,  or  common  Sage.  The  Latin  name  was  de- 
rived from  the  salutary  properties  ascribed  to  the 
plant  (salvia,  a  salute,  i.  e.,  sanitate).  Sibthorp  found 
it  in  uncultivated  places,  as  described  by  Dioscori- 
des." 

*ELEPHAS  (hl^ag),  the  Elephant,  or  Elephas 
maximus,  L.  "  One  description  of  the  Elephant 
given  by  Aristotle  is  admitted  by  Cuvier  to  be  re- 
markably accurate.  The  animal  and  the  disease 
Elephas,  or  Elephantiasis,  are  both  minutely  de- 
scribed by  Aretaeus.  It  cannot  admit  of  a  doubt 
that  the  ancients  were  acquainted  with  the  Indian 


1.  (Plin.,  H.  N.,  xxxvii.,  11.)— 2.  (Plin.,  H.  N.,  xxxvii.,  11.) 
— 3-  (ap.  Plin.,  1.  c.) — 4.  (Ancient  Mineralogy,  p.  105,  seq.) — 5. 
(H.  A.,  iv.,  1.) — 6.  (Adams,  Append.,  s.  v.) — 7.  (Dioscor.,  iv.,  58. 
— Theophrast.,  H.  P.,  vi.,  8. — Theocr.,  Idyll.,  i.,  30. — Adams, 
Append.,  s.  v.) — 8.  (Adams,  Append.,  s.  v.) — 9.  (Aristot.,  H.  A., 
Tiii.,  19. — Adams,  Append.,  s.  v.) — 10.  (Dioscor.,  iii.,  68. — The- 
ophrast., II.  P.,  vii.,  6.) — 11.  (Dioscor.,  iii.,  35. — Thtop'irast.. 
II.  P  ,  vi.,  11. — Adams,  Append.,  s.  v.) 
394 


Elephant  (Elephas  Indicus),  as  well  as  the  African 
' Loxodonta  Africanus1)." 

ELEVEN,  THE  (ol  Zvdena),  were  .fcagistrates  at 
Athens  of  considerable  importance.  They  are  al- 
ways called  by  this  name  in  the  classical  writers ; 
but  in  the  time  of  Demetrius  Phalereus,  their  name 
is  said  to  have  been  changed  into  that  of  vopiofyvka- 
Keg,2  who  were,  however,  during  the  Democracy, 
distinct  functionaries.  (Vid.  Nomophylakes.)  The 
grammarians  also  give  other  names  to  the  Eleven, 
as  Sea/wcjyvXaKEC,  ■&eg/j.C(j)v?mkec,  &c.3 

The  time  at  which  the  office  of  the  Eleven  was 
instituted  is  disputed.  Ullrich  considers  the  office 
to  have  been  of  an  aristocratical  character,  and  con- 
cludes, from  a  passage  in  Heraclides  Ponticus,4  that 
it  was  established  by  Aristides.  Meier,  on  the  oth- 
er hand,  maintains  that  the  office  existed  not  only 
before  the  time  of  Cleisthenes,  but  probably  before 
the  legislation  of  Solon  ;  but  it  seems  impossible  to 
come  to  any  satisfactory  conclusion  on  the  subject. 
They  were  annually  chosen  by  lot,  one  from  each 
of  the  ten  tribes,  and  a  secretary  (ypafifiarevc),  who 
must  properly  be  regarded  as  their  servant  (viznpi- 
tt)c),  though  he  formed  one  of  their  number.8 

The  principal  duty  of  the  Eleven  was  the  care 
and  management  of  the  public  prison  (dsapuTrjpiov) 
(vid.  Carcer),  which  was  entirely  under  their  juris- 
diction. The  prison,  however,  was  seldom  used  by 
the  Athenians  as  a  mere  place  of  confinement, 
serving  generally  for  punishments  and.  executions. 
When  a  person  was  condemned  to  death,  he  was 
immediately  given  into  the  custody  of  the  Eleven, 
who  were  then  bound  to  carry  the  sentence  into  ex- 
ecution according  to  the  laws.6  The  most  com- 
mon mode  of  execution  was  by  hemlock  juice  (ku- 
velov),  which  was  drunk  after  sunset.7  The  Eleven 
had  under  them  jailers,  executioners,  and  torturers, 
who  were  called  by  various  names  (ol  Tcapaarurai.  ;• 
6  tcjv  evSeko  vitvpirng  ;9  6  dvp-oaoLvoc  ;10  6  6np,6cioc  Ol 
6r]fiiog,  &c).  When  torture  was  inflicted  in  caus- 
es affecting  the  state,  it  was  either  done  in  the  im- 
mediate presence  of  the  Eleven,11  or  by  their  servant 
(o  drjpiog).     (Vid.  Basanos.) 

The  Eleven  usually  only  had  to  carry  into  execu- 
tion the  sentence  passed  in  the  courts  of  law  and 
the  public  assemblies  ;  but  in  some  cases  they  pos- 
sessed an  TjyEfiovia  ScKaarnplov.  This  was  the  case 
in  those  summary  proceedings  called  unayuyfj,  eQt}- 
yvccg,  and  Evdsigig,  in  which  the  penalty  was  fixed 
by  law,  and  might  be  inflicted  by  the  court  on  the 
confession  or  conviction  of  the  accused  without  ap- 
pealing to  any  of  the  jury  courts.  (Vid.  Apagoge.) 
They  also  had  an  r/yEpovia  dacao-rnptov  in  the  case  of 
KaKovypoi,  because  the  summary  proceedings  men- 
tioned above  were  chiefly  adopted  in  the  case  of 
such  persons:  hence  Antiphon12  calls  them  ETvi/uEln- 
ral  tcjv  nanovpyov.  The  word  Kaxovpyoi  properly 
means  any  kind  of  malefactors,  but  is  only  applied 
in  Athenian  law  to  thieves  (nXinTai),  housebreak- 
ers (roLxcopvxoi),13  man-stealers  (uvdpaTrodiorai),  and 
other  criminals  of  a  similar  kind.1* 

The  Eleven  are  also  said  to  have  possessed  qye- 
povia  dwaoTTjpiov  in  the  case  of  confiscated  proper- 
ty,15 which  statement  is  confirmed  by  an  inscription 
published  by  Bockh.16 

(Ullrich,  Ueber  die  Eil f  Manner,  appended  to  his 
translation  of  Plato's  Meno,  Crito,  and  the  first  and 
second  Alcibiades,  Berlin,  1821. — Sluiter,  Lectiones 


1.  (Aretaeus,  Morb.  Diut.,  ii.,  13.— Adams,  Append.,  s.  v.)— 2. 
(Pollux,  Onom.,  viii.,  102.)— 3.  (Schol.  ad  Aristoph.,  Plut..,  277. 
— Vesp.,  775,  1108.)— 4.  (i.,  y  10.)— 5.  (Pollux,  Onom.,  viii., 
102.)— 6.  (Xen.,  Hell.,  ii.,  3,  v  54.)— 7.  (Plato,  Phsed.,  c.  65,  66.) 
—8.  (Becker,  Anec,  p.  296,  32.)— 9.  (Xen.,  Hell  ,  ii.,  3,  y  54.)— 
10.  (Antiph.,  De  Venef.,  615.)— 11.  (Demosth.,  .  Nicostr.,  12&4, 
2.)— 12.  (De  Caede  Herod.,  713.)— 13.  (Compare  Demosth.,  c. 
Lacrit.,  940,  5.)— 14.  (Meier,  Att.  Proc.,  76,  77.)— 15.  (Etymol 
Mag.,  p.  338, 35.) — 16.  (Urkunden,  iiber  das  Seewesen  des  Atty 
chen  Staates,  p.  535.) 


ELEUSIN1A. 


ELEUSINTA. 


An&ociiL  p.  256-261.— Meier,  Att.  Proc,  68-77.— 
Schubert,  De  Mdilibus,  p.  93-96. — Hermann,  Pol. 
Antiq.  of  Greece,  §  139. 

ELEUSPNIA  {'E'Aevatvia),  a  festival  and  myster- 
ies, originally  celebrated  only  at  Eleusis  in  Attica, 
in  honour  of  Demeter  and  Persephone.1  All  the 
ancients  who  have  occasion  to  mention  the  Eleusin- 
ian  mysteries,  or  the  mysteries,  as  they  were  some- 
times called,  agree  that  they  were  the  holiest  and 
most  venerable  of  all  that  were  celebrated  in 
Greece.'  Various  traditions  were  current  among 
the  Greeks  respecting  the  author  of  these  myster- 
ies ;  for,  while  some  considered  Eumolpus  or  Mu- 
sa»us  to  be  their  founder,  others  stated  that  they  had 
been  introduced  from  Egypt  by  Erechtheus,  who  at  a 
time  of  scarcity  provided  his  country  with  corn  from 
Egypt,  and  imported  from  the  same  quarter  the  sa- 
cred rites  and  mysteries  of  Eleusis.  A  third  tradi- 
tion attributed  the  institution  to  Demeter  herself, 
who,  when  wandering  about  in  search  of  her  daugh- 
ter Persephone,  was  believed  to  have  come  to  At- 
tica, in  the  reign  of  Erechtheus,  to  have  supplied  its 
inhabitants  with  corn,  and  to  have  instituted  the 
reXeral  and  mysteries  at  Eleusis.3  This  last  opin- 
ion seems  to  have  been  the  most  common  among 
the  ancients,  and  in  subsequent  times  a  stone, 
called  ayilaoroc.  irerpa  (triste  saxum),  was  shown 
near  the  well  Callichoros  at  Eleusis,  on  which  the 
goddess,  overwhelmed  with  grief  and  fatigue,  was 
believed  to  have  rested  on  her  arrival  in  Attica.4 
Around  the  well  Callichoros  the  Eleusinian  women 
were  said  to  have  first  performed  their  chorus,  and 
to  have  sung  hymns  to  the  goddess.5  All  the  ac- 
counts and  allusions  in  ancient  writers  seem  to 
warrant  the  conclusion  that  the  legends  concerning 
the  introduction  of  the  Eleusinia  are  descriptions 
of  a  period  when  the  inhabitants  of  Attica  were  be- 
coming acquainted  with  the  benefits  of  agriculture, 
and  of  a  regularly  constituted  form  of  society.6 

In  the  reign  of  Erechtheus  a  war  is  said  to  have 
broken  out  between  the  Athenians  and  Eleusinians,7 
and  when  the  latter  were  defeated,  they  acknowl- 
edged the  supremacy  of  Athens  in  everything  ex- 
cept the  relerai,  which  they  wished  to  conduct  and 
regulate  for  themselves.8  Thus  the  superintend- 
ence remained  with  the  descendants  of  Eumolpus 
(vid.  Eumolpid^e),  the  daughters  of  the  Eleusinian 
king  Celeus,  and  a  third  class  of  priests,  the  Kery- 
ces,  who  seem  likewise  to  have  been  connected 
with  the  family  of  Eumolpus,  though  they  them- 
selves traced  their  origin  to  Hermes  and  Aglauros. 

At  the  time  when  the  local  governments  of  the 
several  townships  of  Attica  were  concentrated  at 
Athens,  the  capital  became  also  the  centre  of  reli- 
gion, and  several  deities  who  had  hitherto  only  en- 
joyed a  local  worship  were  now  raised  to  the  rank 
>f  national  gods.  This  seems  also  to  have  been 
the  case  with  the  Eleusinian  goddess ;  for  in  the 
reign  of  Theseus  we  find  mention  of  a  temple  at 
Athens,  called  Eleusinion,9  probably  the  new  and 
national  sanctuary  of  Demeter.  Her  priests  and 
priestesses  now  became  naturally  attached  to  the 
national  temple  of  the  capital,  though  her  original 
place  of  worship  at  Eleusis,  with  which  so  many 
sacred  associations  were  connected,  still  retained 
its  importance  and  its  special  share  in  the  celebra- 
tion of  the  national  solemnities  ;  and  though,  as  we 
shall  see  hereafter,  the  great  Eleusinian  festival 
was  commenced  at  Athens,  yet  a  numerous  pro- 
cession always  went,  on  a  certain  day,  to  Eleusis  : 

I.  (Andoc.,  De  Myster.,  15.;— 2.  (Aristot.,  Rhet.,  ii.,  24.— 
Cic,  De  Nat.  Deor.,  i.,  42.)— 3.  (Diod.  Sic,  i.,  29.— Isocr.,  Pan- 
•ygr.,  p.  46,  ed.  Steph.)— 4.  (Apollod..  Biblioth..  i.,  5.— Ovid, 
Fast.,  iv.,  502,  &c.).— 5.  (Paus.,i.,  3S,  $  6.)— 6.  (Cic,  De  Leg., 
ii..  14  ;  in  Verr.,  v..  14.)— 7.  (Hermann,  Polit.  Ant.  of  Greece, 
*  91,  note  9.)— 8.  (Thucyd.,  ii.,  15.— Paus.,  i.,  38,  t>  3.)— 9.  (Thu- 
cvd.,  ii  1  17.) 


it  w  as  here  that  the  most  solemn  part  of  the  s  aertnJ 
rites  was  performed. 

We  must  distinguish  between  the  greater  Eleu- 
sinia which  were  celebrated  at  Athens  and  Eleusis^ 
and  the  lesser  which  were  held  at  Agras  on  the 
Ilissus.1  From  the  tradition  respecting  the  institu- 
tion of  the  lesser  Eleusinia,  it  seems  to  be  clear  that 
the  initiation  into  the  Eleusinian  mysteries  was 
originally  confined  to  Atticans  only ;  for  it  is  said 
that  Heracles,  before  descending  into  the  lower 
world,  wished  to  be  initiated  ;  but  as  the  law  did 
not  admit  strangers,  the  lesser  Eleusinia  were  in- 
stituted in  order  to  evade  the  law,  and  not  to  dis- 
appoint the  great  benefactor  of  Attica. a  Other  le- 
gends concerning  the  initiation  of  Heracles  do  not 
mention  the  lesser  Eleusinia,  but  merely  state  that 
he  was  adopted  into  the  family  of  one  Pylius  in 
order  to  become  lawfully  entitled  to  the  initiation. 
But  both  traditions  in  reality  express  the  same 
thing,  if  we  suppose  that  the  initiation  of  Heracles 
was  only  the  first  stage  in  the  real  initiation ;  for 
the  lesser  Eleusinia  were  in  reality  only  a  prepara- 
tion (7rpo uddapotc  or  Tzpoayvevoie)  for  the  real  mys- 
teries.3 After  the  time  when  the  lesser  Eleusinia 
are  said  to  have  been  instituted,  we  no  longer  heai 
of  the  exclusion  of  any  one  from  the  mysteries  ex- 
cept barbarians  ;  and  Herodotus*  expressly  states, 
that  any  Greek  who  wished  it  might  be  initiated. 
The  lesser  Eleusinia  were  held  every  year  in  the 
month  of  Anthesterion,5  and,  according  to  some  ac- 
counts, in  honour  of  Persephone  alone.  Those  who 
were  initiated  in  them  bore  the  name  of  mystae  (uva- 
tcic6),  and  had  to  wait  at  least  another  year  before 
they  could  be  admitted  to  the  great  mysteries.  The 
principal  rites  of  this  first  stage  of  initiation  consisted 
in  the  sacrifice  of  a  sow,  which  the  mystae  seem  to 
have  first  washed  in  the  Cantharus,7  and  in  the  pu- 
rification by  a  priest,  who  bore  the  name  of  Hydra- 
nos.8  The  mysta?  had  also  to  take  an  oath  of  se- 
crecy, which  was  administered  to  them  by  the  mys- 
tagogus,  also  called  lepo<f>avT7]c  TzpodrjTrjg :  they  re- 
ceived some  kind  of  preparatory  instruction,  which 
enabled  them  afterward  to  understand  the  mysteries 
which  were  revealed  to  them  in  the  great  Eleu- 
sinia ;  they  were  not  admitted  into  the  sanctuary  of 
Demeter,  but  remained  during  the  solemnities  in 
the  vestibule.9 

The  great  mysteries  were  celebrated  every  year 
in  the  month  of  Boedromion,  during  nine  days,  from 
the  15th  to  the  23d,10  both  at  Athens  and  Eleusis. 
The  initiated  were  called  'z^o-Krai  or  eQvpoi.11  On 
the  first  day,  those  who  had  been  initiated  in  the 
lesser  Eleusinia  assembled  at  Athens,  whence  its 
name  was  uyvpjuoc  ;13  but  strangers  who  wished  to 
witness  the  celebration  of  these  national  solemni- 
ties likewise  visited  Athens  in  great  numbers  at 
this  season,  and  we  find  it  expressly  stated  that 
Athens  was  crowded  with  visiters  on  the  occa- 
sion.13 On  the  second  day  the  mystae  went  in  sol- 
emn procession  to  the  seacoast,  where  they  under- 
went a  purification.  Hence  the  day  was  called 
"X2.a6e  fivarai,  probably  the  conventional  phrase  by 
which  the  mystae  were  invited  to  assemble  for  the 
purpose.1*  Suidas16  mentions  two  rivulets,  called 
}>ELToi,  as  the  place  to  which  the  mystae  went  in 
order  to  be  purified.  Of  the  third  day  scarcely  any- 
thing is  known  with  certainty  ;  we  only  learn  from 


1.  (Steph.  Byz.,  s.  v.  vAy/>a.)— 2.  (Schol.  ad  Aristoph.,  Plut., 
846.)—  3.  '(Schol.  ad  Aristoph.,  1.  cl — 4.  (viii.,  65.)— 5.  (Plut, 
Demetr.,  26.) — 6.  (Suidas,  s.  v.  'E 7^-777?.)  —  7.  (Aristoph, 
Acharn.,  703,  with  the  schol.,  720,  s  pd  Pax,  369.— Varro,  De  R« 
Rust.,  ii.,  4.— Plut.,  Phoc,  28.)— 8.  (Hesych.,  s.  v.  'Ycpavdg.-- 
Polyaen.,  v.,  17.)— 9.  (Seneca,  Qusest.  Nat.,  vii.,  31.)— 10.  (Plut , 
Demetr.,  26. — Meursius,  Eleusin.,  c  21.) — 11.  (Suidas,  s.  v.)— 
12.  (Hesych.,  s.  v.)— 13.  (Maxim.  Tyr  ,  Dssert.,  33,  sub  fie  • 
Philostrat.,  Vit.  Apollon.,  iv.  .6.)— 14.  (Hesych.,  s.  v.—  ?Ayxu. 
iii.,  11.)— 15.  (s.  v.  'Parol-  Compare  Paus.,  i.,  39,  t)  2.) 

395 


ELEUSINIA. 


ELEUSINIA. 


Clemens  of  Alexandrea1  that  it  was  a  day  of  fast- 
ing, and  that  in  the  evening  a  frugal  meal  was 
taken,  which  consisted  of  cakes  made  of  sesame  and 
honey.  Whether  sacrifices  were  offered  on  this 
day,  as  Meursius  supposes,  is  uncertain ;  but  that 
which  he  assigns  to  it  consisted  of  two  kinds  of 
sea-fisl.  (rpLyXrj  and  fiaivig*),  and  of  cakes  of  barley 
grown  in  the  Rharian  plain.3  It  may  be,  how- 
ever, that  this  sacrifice  belonged  to  the  fourth 
day,  on  which,  also,  the  naladoc.  nadodog  seems  to 
have  taken  place.  This  was  a  procession  with  a 
basket  containing  pomegranates  and  poppy-seeds  ; 
it  was  carried  on  a  wagon  drawn  by  oxen,  and 
women  followed  with  small  mystic  cases  in  their 
hands.*  On  the  fifth  day,  which  appears  to  have 
been  called  the  torch- day  (77  rdv  Tiafnrddov  ijfj.ipa), 
the  mystae,  led  by  the  dadovxog,  went  in  the  evening 
with  torches  to  the  Temple  of  Demeter  at  Eleusis, 
where  they  seem  to  have  remained  during  the  fol- 
lowing night.  This  rite  was  probably  a  symboli- 
cal representation  of  Demeter  wandering  about  in 
search  of  Persephone.  The  sixth  day,  called  Iac- 
chos,6  was  the  most  solemn  of  all.  The  statue  of 
Iacchos,  son  of  Demeter,  adorned  with  a  garland  of 
myrtle,  and  bearing  a  torch  in  his  hand,  was  carried 
along  the  sacred  road6  amid  joyous  shouts  {iaicxi- 
Ceiv)  and  songs,  from  the  Ceramicus  to  Eleusis.7 
This  solemn  procession  was  accompanied  by  great 
numbers  of  followers  and  spectators,  and  the  story 
related  by  Herodotus8  is  founded  on  the  supposition 
that  30,000  persons  walking  along  the  sacred  road 
on  this  occasion  was  nothing  uncommon.  During 
the  night  from  the  sixth  to  the  seventh  day,  the 
mystae  remained  at  Eleusis,  and  were  initiated  into 
the  last  mysteries  (kiroTXTeia).  Those  who  were 
neither  kiro-Krai  nor  [ivarai  were  sent  away  by  a 
nerald.  The  rcystse  now  repeated  the  oath  of  se- 
crecy which  had  been  administered  to  them  at  the 
lesser  Eleusinia,  underwent  a  new  purification,  and 
then  they  were  led  by  the  mystagogus,  in  the  dark- 
ness of  night,  into  the  lighted  interior  of  the  sanctu- 
ary (^uTayoyia),  and  were  allowed  to  se»)  (avroipia) 
whac  none  except  the  epoptae  ever  beheld.  The 
awful  and  horrible  manner  in  which  the  initiation 
is  described  by  later,  especially  Christian  writers, 
seems  partly  to  proceed  from  their  ignorance  of  its 
real  character,  partly  from  their  horror  and  aversion 
to  these  pagan  rites.  The  more  ancient  writers  al- 
ways abstained  from  entering  upon  any  description 
of  Ihe  subject.  Each  individual,  after  his  initia- 
tion, is  said  to  have  been  dismissed  by  the  words 
s6y£,  bfjnzaZ*  in  order  to  make  room  for  other  mystae. 
On  the  seventh  day  the  initiated  returned  to  Ath- 
ens, amid  various  kinds  of  raillery  and  jests,  espe- 
cially at  the  bridge  over  the  Cephisus,  where  they 
sat  down  to  rest,  and  poured  forth  their  ridicule  on 
those  who  passed  by.  Hence  the  words  ye<j>vpi&iv 
and  ye<pvpiafj,og.10  These  GKUfipiaTa  seem,  like  the 
procession  with  torches  to  Eleusis,  to  have  been 
dramatical  and  symbolical  representations  of  the 
jests  by  which,  according  to  the  ancient  legend, 
Iambe  or  Baubo  had  dispelled  the  grief  of  the  god- 
dess and  made  her  smile.  We  may  here  observe, 
that  probably  the  whole  history  of  Demeter  and 
Persephone  was  in  some  way  or  other  symbolically 
represented  at  the  Eleusinia.  Hence  Clemens  of 
Alexandrea11  calls  the  Eleusinian  mysteries  a  "mys- 
tical drama."13    The  eighth  day,  called  'Emdavpia, 


1.  (Pratrept.,  p.  18,  ed.  Potter.)— 2.  (Athen.,  vii.,  p.  325.)— 3. 
(Paus.,  i.,  38,  t)  6.) — 4.  (Callim.,  Hymn,  in  Cer. — Virg.,  Georg., 
j.,  166.— Meursius,  1.  c,  c.  25.)— 5.  (Hesych.,  s.  v.  "Iukxov.) — 
6.  (Pint.,  Alcib.,  34.— Etymol.  Magn.,  and  Suid.,  s.  v.  'Upa 
'0<5<5?.)— 7.  (Aristoph.,  Ran.,  315,  &c— Plut.,  Phocion,  28,  and 
Valcken  ad  Herod.,  viii.,  65.) — 8.  (Compare  Plut.,  Themist.)— 9. 
(Hesycli ,  s.  v.)— 10.  (Strab.,  ix.,  c.  2,  p.  246,  ed.  Tauchnitz. — Sui- 
das,  s.  v.  TetbvptCwvm — Hesych.,  s.  v.  TeQvpicTai. — ^lian,  H.  A., 
iv.,  43.— Muller,  Hist.  Lit.  of  Greece,  p.  132.)— 11.  (Protrept.,  p. 
12.  cd.  Potter.)- 12.  ( Vid .  Mullen  Hist.  Lit.  of  Gr.,  p.  267,  &c.) 
39fi 


was  a  kind  of  additional  day  for  those  who  by  soma 
accident  had  come  too  late,  or  had  been  prevented 
from  being  initiated  on  the  sixth  day.  It  was  sai£ 
to  have  been  added  to  the  original  number  of  days, 
when  Asclepius,  coming  over  from  Epidaurus  to  be 
initiated,  arrived  too  late,  and  the  Athenians,  not  to 
disappoint  the  god,  added  an  eighth  day.1  The  ninth 
and  last  day  bore  the  name  of  nTirjfioxoqt^  from  a 
peculiar  kind  of  vessel  called  tta^o^ot/,  which  is 
described  as  a  small  kind  of  kotvaoc.  Two  of  these 
vessels  were  on  this  day  filled  with  water  or  wine, 
and  the  contents  of  the  one  thrown  to  the  east,  and 
those  of  the  other  to  the  west,  while  those  who  per- 
formed this  rite  uttered  some  mystical  words. 

Besides  the  various  rites  and  ceremonies  de 
scribed  above,  several  others  are  mentioned,  but  it 
is  not  known  to  which  day  they  belonged.  Among 
them  we  shall  mention  only  the  Eleusinian  games 
and  contests,  which  Meursius  assigns  to  the  seventh 
day.  They  are  mentioned  by  Gellius,3  and  are  said 
to  have  been  the  most  ancient  in  Greece.  The 
prize  of  the  victors  consisted  in  ears  of  barley.4  It 
was  considered  as  one  of  the  greatest  profanations 
of  the  Eleusinia  if,  during  their  celebration,  an  an- 
fiog  came  as  a  suppliant  to  the  temple  (the  Eleu- 
sinion),  and  placed  his  olive-branch  (luETTjpia)  in  it  ;5 
and  whoever  did  so  might  be  put  to  death  without 
any  trial,  or  had  to  pay  a  fine  of  one  thousand 
drachmae.  It  may  also  be  remarked,  that  at  other 
festivals,  no  less  than  at  the  Eleusinia,  no  man, 
while  celebrating  the  festival,  could  be  seized  or  ar- 
rested for  any  offence.6  Lycurgus  made  a  law  that 
any  woman  using  a  carriage  in  the  procession  to 
Eleusis  should  be  fined  one  thousand  drachmae.' 
The  custom  against  which  this  law  was  directed 
seems  to  have  been  very  common  before.8 

The  Eleusinian  mysteries  long  survived  the  in- 
dependence of  Greece.  Attempts  to  suppress  them 
were  made  by  the  Emperor  Valentinian,  but  he  met 
with  strong  opposition,  and  they  seem  to  have  con- 
tinued down  to  the  time  of  the  elder  Theodosius. 
Respecting  the  secret  doctrines  which  were  reveal- 
ed in  them  to  the  initiated,  nothing  certain  is  known. 
The  general  belief  of  the  ancients  was  that  they 
opened  to  man  a  comforting  prospect  of  a  future 
state.9  But  this  feature  does  not  seem  to  have 
been  originally  connected  with  these  mysteries,  and 
was  probably  added  to  them  at  the  period  which 
followed  the  opening  of  a  regular  intercourse  be- 
tween Greece  and  Egypt,  when  some  of  the  specu- 
lative doctrines  of  the  latter  country  and  the  East 
may  have  been  introduced  into  the  mysteries,  and 
hallowed  by  the  names  of  the  venerable  bards  of  the 
mythical  age.  This  supposition  would  also  account, 
in  some  measure,  for  the  legend  of  their  introduc- 
tion from  Egypt.  In  modern  times  many  attempts 
have  been  made  to  discover  the  nature  of  the  mys- 
teries revealed  to  the  initiated,  but  the  results  have 
been  as  various  and  as  fanciful  as  might  be  expect- 
ed. The  most  sober  and  probable  view  is  that,  ac- 
cording to  which,  "  they  were  the  remains  of  a  wor< 
ship  which  preceded  the  rise  of  the  Hellenic  my- 
thology and  its  attendant  rites,  grounded  on  a  view 
of  nature  less  fanciful,  more  earnest,  and  better 
fitted  to  awaken  both  philosophical  thought  and  re- 
ligious feeling."10  Respecting  the  Attic  Eleusinia, 
see  Meursius,  Eleusinia,  Lugd.  Bat.,  1619. — St. 
Croix,  Recherches,  Hist,  ct  Critiq.  sur  les  Mystercs 
dn  Paganisme  (a  second  edition  was  published  in 
1817  by  Sylvestre  de  Sacy,  in  2  vols.,  Paris). — Ou- 

1.  (Philostr.,  Vit.  Apoll.,  iv.,  6.— Paus.,  ii.,  26,  t)  7.)— 2.  (Pol- 
lux, Onoin.,x.,  74.— Athen.,  xi.,  p.496.)-3.  (xv.,20.)-4.  (Schol- 
ad  Pind.,  OL,  ix.,  150.)— 5.  (Andoc,  De  Myst.,  p.  £4.)— 6.  (De- 
mosth.,  c.  Meid.,  p.  571.)— 7.  (Plut.,  De  Cup.  Drv.,  ix.,  p.  348.— 
./Elian,  V.  H.,  xiii..  24.)— 8.  (Demosth.,  c.  Meid.,  p.  565.)— 9. 
(Pind.,  Thren.,  p.  8,  ed.  Bockh.)  — 10.  (Thi .  Vwall,  Hi»t.  of 
Greeca  ii..  p.  140,  &c.) 


ELLIMENION. 


ELMINS. 


waroff,  2ssai  sur  les  Mysteres  iTElcusis,  3d  edition, 
Paris,  1816.— Wachsmuth,  Hell.  Alter.,  ii.,  2,  p.  249, 
&c. — Creuzer,  Symbol,  u.  Mythol.,  iv.,  p.  534,  &c. 

Eleusinia  were  also  celebrated  in  other  parts  of 
Greece  At  Ephesus  they  had  been  introduced 
from  Athens.1  In  Laconia  they  were,  as  far  as  we 
know,  only  celebrated  by  the  inhabitants  of  the  an- 
cient town  of  Helos,  who,  on  certain  days,  carried 
a  wooden  statue  of  Persephone  to  the  Eleusinion, 
in  the  heights  of  Taygetus  2  Crete  had  likewise  its 
Eleusinia.3 

ELEUTHER/IA  ('Elevdipia,  the  feast  of  liberty), 
a  festival  which  the  Greeks,  after  the  battle  of  Pla- 
taeae  (479  B.C.),  instituted  in  honour  of  Zeus  Eleu- 
therios  (the  deliverer).  It  was  intended  not  merely 
to  be  a  token  of  their  gratitude  to  the  god  to  whom 
they  believed  themselves  to  be  indebted  for  their 
victory  over  the  barbarians,  but  also  as  a  bond  of 
union  among  themselves ;  for  in  an  assembly  of  all 
the  Greeks,  Aristides  carried  a  decree  that  delegates 
(irp56ov?iOi  mi  -&eupoi)  from  all  the  Greek  states 
should  assemble  every  year  at  Plataeae  for  the  cele- 
bration of  the  Eleutheria.  The  town  itself  was  at 
the  same  time  declared  sacred  and  inviolable,  as 
long  as  its  citizens  offered  the  annual  sacrifices 
which  were  then  instituted  on  behalf  of  Greece. 
Every  fifth  year  these  solemnities  were  celebrated 
with  contests  (dyuv  twv  'Elevdepiov),  in  which  the 
victors  were  rewarded  with  chaplets  (dyuv  yvfivi- 
abg  oTe<f>avLT\.s*).  The  annual  solemnity  at  Plataeae, 
which  continued  *o  be  observed  down  to  the  time 
of  Plutarch,5  was  this :  On  the  sixteenth  of  the 
month  of  Maimacterion,  a  procession,  led  by  a  trum- 
peter, who  blew  the  signal  for  battle,  marched  at 
daybreak  through  the  middle  of  the  town.  It  was 
followed  by  wagons  loaded  with  myrtle  boughs  and 
chaplets,  by  a  black  bull,  and  by  free  youths,  who 
carried  the  vessels  containing  the  libations  for  the 
dead.  No  slave  was  permitted  to  minister  on  this 
occasion.  At  the  end  of  this  procession  followed 
the  archon  of  Plataeae,  who  was  not  allowed  at  any 
other  time  during  his  office  to  touch  a  weapon,  or 
to  wear  any  other  but  white  garments,  now  wear- 
ing a  purple  tunic,  and  with  a  sword  in  his  hand, 
and  also  bearing  an  urn,  kept  for  this  solemnity  in 
the  public  archive  (ypa/j.p,a6vldKiov).  When  the 
procession  came  to  the  place  where  the  Greeks  who 
had  fallen  at  Plataeae  were  buried,  the  archon  first 
washed  and  anointed  the  tombstones,  and  then  led 
the  bull  to  a  pyre  and  sacrificed  it,  praying  to  Zeus 
and  Hermes  Chthonios,  and  inviting  the  brave  men 
who  had  fallen  in  the  defence  of  their  country  to 
take  part  in  the  banquet  prepared  for  them.  This 
account  of  Plutarch6  agrees  with  that  of  Thucydi- 
des.7  The  latter,  however,  expressly  states  that 
dresses  formed  a  part  of  the  offerings,  which  were 
probably  consumed  on  the  pyre  with  the  victim. 
This  part  of  the  ceremony  seems  to  have  no  longer 
existed  in  the  days  of  Plutarch,  who  does  not  men- 
tion it ;  and  if  so,  the  Plataeans  had  probably  been 
compelled  by  poverty  to  drop  it.8 

Eleutheria  was  also  the  name  of  a  festival  cele- 
Srated  in  Samos,  in  honour  of  Eros.9 

ELLIMEN'ION  (e^Xifievtov)  was  a  harbour  duty 
it  the  Peiraeus,  which,  according  to  a  fragment  of 
Supolis,10  had  to  be  paid  by  a  passenger  before  he 
embarked.  This  tax  appears  to  have  been  the  same 
as  the  fiftieth,  or  two  per  cent.,  which  was  levied  on 
all  exports  and  imports  ;  since  Pollux11  speaks  of  the 
iM-ifieviorat,  or  collectors  of  the  harbour  duty,  as 

1.  (Strabo,  xiv.,  p.  162,  ed.  Tauchnitz.)— 2.  (Paus.,  iii.,  20,  $ 
5.  <fec.)—  3.  (Vid.  Meurs.,  Eleus.,  c.  33.)— 4.  (Strabo,  ix.,  p.  266, 
ed.  Tauchnitz.)— 5.  (Aristid.,  21.— Paus.,  ix.,  2,  t)  4.)— 6.  (Aris- 
tid.,  19  and  21.)— 7.  (iii.,  58.)— 8.  (See  Thirlwall's  Hist,  of 
Greece,  ii.,  p.  353,  &c— Bockh,  Expl.  Pind.,  p.  208,  and  ad 
Corp.  Inscrip.,  i.,  p.  904.)— 9.  (Athen.,  xiii.,  p.  562.)— 10.  (Pol- 
\nx,  Onom..  ix.,  30.)— 11.  (Onom.,  viii.,  32.) 


the  same  persons  as  the  irevrnKooTohoyo  ,  or  collect 
ors  of  the  ■KEvrnKocrri.     (Vid.  Pentecoste.) 

ELLO'TIA  or  HELLO'TIA  ('EUana  or  'EUci 
no),  a  festival  celebrated  at  Corinth  m  honour  ol 
Athena.1 

A  festival  of  the  same  name  was  celebrated  in 
Crete,  in  honour  of  Europa.  The  word  &/Um?, 
from  which  the  festival  derived  its  name,  was,  ac° 
cording  to  Seleucus,2  a  myrtle  garland  twenty  yards 
in  circumference,  which  was  carried  about  in  the 
procession  at  the  festival  of  the  Ellotia.3 

ELLYCH'NIUM  (eUvXviov  :  Attic,  $pvalli<;\  a 
wick.  Wicks  were  made  of  various  substances : 
1.  Principally  of  tow,  i.  e.,  the  coarser  fibres  of  flax 
(Stupa*) ;  2.  of  the  pith  of  the  rush,  -&pvov,  whence 
the  Attic  term  fipvaXkig  ;5  3.  of  the  narrow  woolly 
leaves  of  the  mullein  (62.o/j.ic,  2.vxvlrtg6),  the  use  of 
which  wras  analogous  to  the  practice  of  the  Span- 
iards, who  now  make  wicks  of  the  slender  radical 
leaves  of  a  similar  plant,  Phlomis  Lychnitis,  Linn. ;' 
4.  of  Asbestos. 

The  lamps  which  were  lighted  at  the  solemn  fes- 
tival celebrated  every  year  at  Sai's  in  Egypt,  were 
small  open  vessels  (k/iOdoia),  filled  with  salt  and  oil. 
Into  this  the  wick  was  immersed,  and  the  flame 
burned  all  night  upon  the  surface.8  There  can  be 
no  doubt  that  wicks  were  originally  and  very  com- 
monly used  in  this  manner.  It  was  a  great  im- 
provement w7hen  the  vessel  containing  the  oil  was 
covered,  by  which  it  was  converted  into  a  propei 
lamp.  It  was  then  necessary  to  make  one  or  more 
round  holes  in  the  lamp,  according  to  the  numbei 
of  the  wicks  burned  in  it;  and,  as  these  holes  were 
called,  from  an  obvious  analogy,  fivKT^peg  or  fivl-ai, 
literally,  nostrils  or  nozzles,9  the  lamp  was  called  6i- 
[ivt-og,  Tpljxv^og,  or  Tzolvpyv^og,  in  reference  to  the 
same  distinction10  (Polymyxos  lucerna11).  In  an  epi- 
gram of  Callimachus,  a  woman  dedicates  to  Serapis 
a  lamp  with  twenty  nozzles  (eIkocl  fivtjaig  ttIovoiov 
Tivxvov). 

As  we  learn  from  Aristophanes,  thrifty  persons 
used  to  chide  those  who  wasted  the  oil  either  by 
using  a  wick  which  was  thicker  than  necessary," 
or  by  pushing  the  wick  forward  so  as  to  increase 
the  flame.13  Moreover,  in  the  latter  of  these  passa- 
ges, the  boy  advances  the  wick  by  pushing  it  with 
his  finger,  as  he  might  do  when  the  oil  was  contain- 
ed in  an  open  vessel.  In  a  proper  lamp  it  was  drawn 
out  by  an  instrument  contrived  for  the  purpose , 
"  Et  producit  acu  siupas  humore  carentes."1*  The 
bronze  lamps  found  in  ancient  sepulchres,  besides 
exhibiting  all  the  varieties  depending  on  the  number 
of  holes  or  nozzles,  have  sometimes  attached  to  them 
by  a  chain  the  needle  which  served  to  trim  the  wick 

The  fungus-shaped  excrescences  which  form  on 
the  top  of  the  wick  (fivunreg,  fungi)  wrere  thought 
to  indicate  rain.15 

♦ELMINS  or  HELMINS  (Sty«v?  or  Zlfiivg). 
"  Standing  alone,  this  term  is  applied  to  intestinal 
worms  in  general.  The  llfiivg  irT^drtia  is  the  Ta- 
nia  lata.  Theophrastus16  says  it  is  congenital  in 
some  countries,  as  Egypt.  The  medical  authors 
describe  the  Dracunculus,  or  Guinea  Worm,  which 
the  Greeks  call  dpaKovriov,  and  the  translators  of 
the  Arabians  Vena  medinensis ."17  Thus  far  Adams. 
"The  word  Elmins"  observes  Griffith,  "which  is 

1.  (Schol.  in  Pind.,  Ol.,  x  ii.,  56. — Athen.,  xv.,  p.  678. — Ety 
mol.  Mag.,  s.  v.  'EAAwrt'?.)— 2.  (ap.  Athen.,  1.  c.) — 3.  (Compare 
Hesych.,  and  Etymol.  Mag-,  s.  v.  'EAXwn'a.)  — 4.  (Plin.,  II.  N., 
xix.,  3. — Isa.,  xlii.,  3  ;  xliii.,  17.) — 5.  (Schol.  in  Aristoph.,  Nub., 
59.)— 6.  (Dioscor.,  iv.,  104.— Plin.,  H.  N.,  xxv.,  74.)— 7.  (Curtis, 
Bot.  Mag.,  999.)— 8.  (Herod.,  ii.,  62.)— 9.  (Aristoph.,  Eccles., 
5.) — 10.  (Pollux,  Onom.,  vi.,  18  ;  x.,  26. — Athenaeus,  xv.,  57,61  ) 
—11.  (Martial,  xiv.,  41.)— 12.  (Nub.,  N).)— 13.  (Ves?  >..  249-253.) 
—14.  (Virg.,  Moret.,  11.)— 15.  (AristcrJi.,  Vesp.,  26t)-263.— Cal- 
ling, Frag.,  47,  p.  432,  ed.  Eniesti. — Ajrat.,  Dios.,  976.—  Avici*. 
Arat.,  393.)— 16.  (H.  P.,  ix.,  22.)— 17.  (Galen,  De  loc-Aft*** 
vi. — P.  -32gin.,  iv.,  69. — Adams,  Append.,  s.  v.) 

397 


EMANCIPATIO 


EMBATEIA. 


frequently  employed  by  Hippocrates  in  many  of  his 
works,  and,  among  others,  in  his  General  Treatise 
on  Diseases,  was  applied  by  him  to  those  animals 
which  are  at  present  known  under  the  denomination 
of  intestinal  worms,  of  which  he  was  acquainted 
with  but  a  small  number  of  species.  Aristotle  has 
employer1  it  in  the  same  manner,  as  well  as  iElian, 
every  tune  that  he  speaks  of  the  substances  which 
are  used  to  rid  dogs  of  the  worms  to  which  they 
are  subject.  The  Latin  authors,  and  Pliny  among 
the  rest,  have  restricted  the  word  lumbricus  to  the 
intestinal  worms,  and  have  rendered  the  three  Greek 
denominations  (onuXvi;,  evXai,  and  eX/iive)  by  a  sin- 
gle one,  that  of  vermes,  from  which  it  has  happened 
that  the  moderns  have  been  led  into  the  same  con- 
fusion by  the  word  xoorms,  which,  as  well  as  the 
French  word  vers,  is  evidently  derived  from  the 
Latin."1 

*ELOPS  {elo-ty),  a  species  of  harmless  Serpent 
mentioned  by  Nicander.  Belon  says  it  is  called  La- 
-qhinte  in  Lemnos.2 

*EI/YMUS  {eTivjioc),  a  species  of  Grain.  The  el- 
*.u,oc  of  Hippocrates  is,  according  to  Dierbach,  the 
Panicum  Italicum ;  while  that  of  Dioscorides  is,  ac- 
cording to  Sprengel,  the  Panicum  Milliaceum.  Panic 
is  a  plant  of  the  millet  kind.3 

EMANCIPA'TIO  was  an  act  by  which  the  patria 
potestas  was  dissolved  in  the  lifetime  of  the  parent, 
and  it  was  so  called  because  it  was  in  the  form  of  a 
sale  {mancipatio).  By  the  laws  of  the  Twelve  Ta- 
bles it  was  necessary  that  a  son  should  be  sold 
mree  times  in  order  to  be  released  from  the  pa- 
ternal power,  or  to  be  sui  juris.  In  the  case  of 
daughters  and  grandchildren,  one  sale  was  suffi- 
cient. The  father  transferred  the  son  by  the  form 
of  a  sale  to  another  person,  who  manumitted  him, 
upon  which  he  returned  into  the  power  of  the  father. 
This  was  repeated,  and  with  the  like  result.  After 
a  third  sale,  the  paternal  powrer  was  extinguished, 
but  the  son  was  resold  to  the  parent,  who  then  man- 
umitted him,  and  so  acquired  the  rights  of  a  patron 
&?er  his  emancipated  son,  which  would  otherwise 
have  belonged  to  the  purchaser  who  gave  him  his 
final  manumission. 

The  following  clear  and  satisfactory  view  of 
emancipatio  is  given  by  a  German  writer :  "  The 
patria  potestas  could  not  be  dissolved  immediately 
by  manumissio,  because  the  patria  potestas  must  be 
viewed  as  an  imperium,  and  not  as  a  right  of  prop- 
erty, like  the  power  of  a  master  over  his  slave. 
Now  it  was  a  fundamental  principle  that  the  patria 
potestas  was  extinguished  by  exercising  once  or 
thrice  (as  the  case  might  be)  the  right  which  the 
pater  familias  possessed  of  selling,  or,  rather,  pledg- 
ing his  child.  Conformably  to  this  fundamental 
principle,  the  release  of  a  child  from  the  patria  po- 
testas was  clothed  with  the  form  of  a  mancipatio, 
effected  once  or  three  times.  The  patria  potestas 
was  indeed  thus  dissolved,  though  the  child  was  not 
yet  free,  but  came  into  the  condition  of  a  nexus. 
Consequently,  a  manumissio  was  necessarily  con- 
nected with  the  mancipatio,  in  order  that  the  proper 
object  of  the  emancipatio  might  be  attained.  This 
manumissio  must  take  place  once  or  thrice,  accord- 
ing to  circumstances.  In  the  case  when  the  man- 
umissio was  not  followed  by  a  return  into  the  patria 
potestas,  the  manumissio  was  attended  with  impor- 
tant consequences  to  the  manumissor,  which  con- 
sequences ought  to  apply  to  the  emancipating  party. 
Accordingly,  it  was  necessary  to  provide  that  the 
decisive  manumission  should  be  made  by  the  eman- 
cipating party  ;  and  for  that  reason,  a  remancipatio, 


1.  (Griffith's  Cuvier,  vol.  xiij.,  p.  39.) — 2.  (Adams,  Append., 
«.  v.)— 3.  (Theophrast.,  H.  P.,viii.,  10.— Dioscor.,ii.,  120.— Ad- 
ams, Append.,  s  v.) 
398 


which  preceded  the  final  manumissio,  was  a  pan  oi 
the  form  of  emancipatio."1 

The  legal  effect  of  emancipation  was  to  dissolve 
all  the  rights  of  agnatic  The  person  emancipated 
became,  or  was  capable  of  becoming,  a  pater  famil 
ias  ;  and  all  the  previously  existing  relations  of  ag- 
natio  between  the  parent's  familia  and  the  emanci 
pated  child  ceased  at  once.  But  a  relation  analo- 
gous to  that  of  patron  and  freedman  was  formed 
between  the  person  who  gave  the  final  emancipa- 
tion and  the  child,  so  that  if  the  child  died  without 
children  or  legal  heirs,  or  if  he  required  a  tutor  or 
curator,  the  rights  which  would  have  belonged  to 
the  father  if  he  had  not  emancipated  the  child,  were 
secured  to  him  as  a  kind  of  patronal  right,  in  case 
he  had  taken  the  precaution  to  secure  to  himself 
the  final  manumission  of  the  child.  Accordingly, 
the  father  would  always  stipulate  for  a  remancipa- 
tio from  the  purchase2  ■  this  stipulation  was  the 
pactum  fiduciae. 

The  emancipated  child  could  not  take  any  part 
of  his  parent's  property  as  heres,  in  case  the  parent 
died  intestate.  This  rigour  of  the  civil  law  (juris 
iniquitates*)  was  modified  by  the  praetor's  edict, 
which  placed  emancipated  children,  and  those  who 
were  in  the  parent's  power  at  the  time  of  his  death, 
on  the  same  footing  as  to  succeeding  to  the  intes- 
tate parent's  property. 

The  Emperor  Anastasius  introduced  the  practice 
of  effecting  emancipation  by  an  imperial  rescript.3 
Justinian  enacted  that  emancipation  should  be  ef- 
fected before  a  magistrate ;  and  by  an  edict  (ex  edic- 
to  pratoris),  the  parent  had  still  the  same  rights  to 
the  property  {bona)  of  the  emancipated  person  that 
a  patron  had  to  the  bona  of  his  freedman.  But  he 
still  allowed,  what  was  probably  the  old  law,  a  fa- 
ther to  emancipate  a  grandson  without  emancipa- 
ting the  son,  and  to  emancipate  the  son  without 
emancipating  the  grandson,  or  to  emancipate  them 
all.  Justinian,  also,*  did  not  allow  a  parent  to 
emancipate  a  child  against  his  will,  though  it  seems 
that  this  might  be  done  by  the  old  law,  and  that  the 
parent  might  so  destroy  all  the  son's  rights  of  agna- 
tion. 

The  Emperor  Anastasius  allowed  an  emancipa- 
ted child  (under  certain  restrictions)  to  succeed  to 
the  property  of  an  intestate  brother  or  sister,  which 
the  praetor  had  not  allowed ;  and  Justinian  put  an 
emancipated  child  in  all  respects  on  the  same  foot- 
ing as  one  not  emancipated,  with  respect  to  such 
succession. 

An  emancipatio  effected  a  capitis  diminutio,  in 
consequence  of  the  servile  character  (servilis  causu} 
into  which  the  child  was  brought  by  such  act.5 

EMANSOR.     (Vid.  Desertor.) 

EMBAS  {kfj,6dc),  a  shoe  worn  by  men,6  which  is 
frequently  mentioned  by  Aristophanes7  and  other 
Greek  writers.  This  appears  to  have  been  the  most 
common  kind  of  shoe  worn  at  Athens  (wre^ec  vtto- 
6nuas).  Pollux9  says  that  it  was  invented  by  the 
Thracians,  and  that  it  was  like  the  low  cothurnus. 
The  e/u6dc  wras  also  worn  by  the  Boeotians,30  and 
probably  in  other  parts  of  Greece.11 

EMBATEIA  (kfj,6o,Teia).  In  Attic  law  this  word 
(like  the  corresponding  English  one,  entry)  was  used 
to  denote  a  formal  taking  possession  of  real  prop- 
erty. Thus,  when  a  son  entered  upon  the  land  left 
him  by  his  father,  he  was  said  kjitarevuv,  or  (3adi£~ 

1.  (TJnterholzner,  Zeitschrift,  ii.,  139:  "Von  den -formen  <lei 
Manumissio  per  Vindictam  und  der  Emancipatio.") — 2.  (Gains, 
hi.,  25.)— 3.  (Cod.  viii.,  tit.  49,  t)  6.)— 4.  (Nov.,  89,  c.  11.)— 5 
(Gaius,  i.,  132,  &c— Dig.  1,  tit.  7.— Cod.  vi.,  tit.  57,  s.  15  ;  viii 
tit.  49,  s.  6. — Inst.,  i.,  tit.  12  ;  iii.,  tit.  5. — Dirksen,  Uebersicht, 
Ac,  p.  278.)— 6.  (Suidas,  s.  v.)— 7.  (Equit.,  321,  869,  872.— 
Eccl.,  314,  850,  &c.)— 8.  (Pollux,  Onom.,  vii.,  85.— Compare 
Isaeus,  De  Dicaeog.  Hered.,  94.)— 9  (1.  c.)— 10.  (Herod  ,  i,  195  < 
—11.  (Becker  ChavilrW,  ii.,  p.  S72.) 


EMBATEIA. 


EMISSARIUM. 


tiv  eig  tu  Trarptia,  and  thereupon  he  became  seised, 
or  possessed  of  his  inheritance.  If  any  one  dis- 
turbed him  in  the  enjoyment  of  this  property,  with 
an  intention  to  dispute  the  title,  he  might  maintain 
an  action  of  ejectment,  k^ovlrjc  61ktj.  Before  entry 
he  could  not  maintain  such  action.  'E^ov^tj  is  from 
££!/U«i>,  an  old  word,  signifying  to  eject.  The  sup- 
posed ejectment,  for  which  the  action  was  brought, 
was  a  mere  foimality.  The  defendant,  after  the 
plaintiff's  entry,  came  and  turned  him  off,  k^fjyev  U 
«7/f  yr/c.  This  proceeding  (called  e^ayuyr/)  took 
place  quietly,  and  in  the  presence  of  witnesses  ;  the 
defendant  then  became  a  wrong-doer,  and  the  plain- 
tiff was  in  a  condition  to  try  the  right. 

All  this  was  a  relict  of  ancient  times,  when,  be- 
fore writs  and  pleadings,  and  other  regular  process- 
es were  invented,  parties  adopted  a  ruder  method, 
and  took  the  law  into  their  own  hands.  There  was 
then  an  actual  ouster,  accompanied  often  with  vio- 
lence and  breach  of  the  peace,  for  which  the  person 
in  the  wrong  was  not  only  responsible  to  the  party 
injured,  but  was  also  punishable  as  a  public  offend- 
er. Afterward,  in  the  course  of  civilization,  violent 
remedies  became  useless,  and  were  discontinued ; 
yet  the  ceremony  of  ejecting  was  still  kept  up  as  a 
form  of  law,  being  deemed  by  lawyers  a  necessary 
foundation  of  the  subsequent  legal  process.  Thus 
at  Rome,  in  the  earlier  times,  one  party  used  to 
summon  the  other  by  the  words  "  ex  jure  te  manum 
consertum  voco,"  to  go  with  him  to  the  land  in  dis- 
pute, and  (in  the  presence  of  the  praetor  and  others) 
turn  him  out  by  force.  Afterward  this  was  chan- 
ged into  the  symbolical  act  of  breaking  a  clod  of 
earth  upon  the  land,  by  which  the  person  who  broke 
intimated  that  he  claimed  a  right  to  deal  with  the 
land  as  he  pleased.  We  may  observe,  also,  that 
the  English  action  of  ejectment  in  this  respect  re- 
sembles the  Athenian,  that,  although  an  entry  by 
the  plaintiff,  and  an  ouster  of  him  by  the  defendant 
are  supposed  to  have  taken  place,  and  are  consider- 
ed necessary  to  support  the  action,  yet  both  entry 
and  ouster  are  mere  fictions  of  law. 

These  proceedings  by  entry,  ouster,  &c.,  took 
place  also  at  Athens  in  case  of  resistance  to  an  ex- 
ecution ;  when  the  defendant,  refusing  to  give  up 
the  land  or  the  chattel  adjudged,  or  to  pay  the  dam- 
ages awarded  to  the  plaintiff  by  the  appointed  time, 
and  thus  being  vwep^fiepoc,  i.  e.,  the  time  having  ex- 
pired by  which  he  was  bound  to  satisfy  the  judg- 
ment, the  plaintiff  proceeded  to  satisfy  himself  by 
seizure  of  the  defendant's  lands.  This  he  certainly 
might  do,  if  there  were  no  goods  to  levy  upon  ; 
though  whether  it  was  lawful  in  all  cases  does  not 
appear.  The  Athenian  laws  had  made  no  provision 
for  putting  the  party  who  succeeded  in  possession 
of  his  rights  ;  he  was,  therefore,  obliged  to  levy  ex- 
ecution himself,  without  the  aid  of  a  ministerial  of- 
ficer, or  any  other  person.  If,  in  doing  so,  he  en- 
countered opposition,  he  had  no  other  remedy  than 
the  k^Qv'Knq  6'lkv,  which  (if  the  subject-matter  was 
land)  must  have  been  grounded  upon  his  own  pre- 
vious entry.  The  action  could  be  brought  against 
any  one  who  impeded  him  in  his  endeavour  to  get 
possession,  as  well  as  against  the  party  to  the  for- 
mer suit.  The  cause  of  Demosthenes  against  One- 
tor  was  this  :  Demosthenes  having  recovered  a 
judgment  against  Aphobus,  proceeded  to  take  his 
lands  in  execution.  Onetor  claimed  th  mi  as  mort- 
gagee, and  turned  him  out  (e^/yev),  whereupon  De- 
mosthenes, contending  that  the  mortgage  was  col- 
lusive and  fraudulent,  brought  the  eljovJiw  <**'«?, 
which  is  called  dUn  irpbc  'Ovr/ropa,  because  the  pro- 
ceeding is  in  rem,  and  collateral  to  another  object, 
rather  than  a  direct  controversy  between  the  parties 
in  the  cause.  The  consequence  to  the  defendant, 
if  he  failed  in  the  action  of  ejectment,  was,  that  (be- 


sides his  liability  to  the  plaintiff)  he  was,  as  a  pub- 
lic offender,  condemned  to  pay  to  the  treasury  a 
sum  equal  to  the  damages,  or  to  the  value  of  the 
property  recovered  in  the  first  action.  While  this 
remained  unpaid  (and  we  may  presume  it  could  not 
be  paid  without  also  satisfying  the  party),  he  became, 
as  a  state  debtor,  subject  to  the  disabilities  of  aTipi&S 

EMBLE'MA  (e/j.6Xijfia,  £/nraicfj.a),  an  inlaid  orn.i 
ment.  The  art  of  inlaying  {tj  rix^V  t/nrcuoTiKi' ) 
was  employed  in  producing  beautiful  works  of  two 
descriptions,  viz.  :  1st,  Those  which  resembled  our 
marquetry,  ooule,  and  Florentine  mosaics ,  and,  2,lly, 
those  in  which  crusts  (crustcc),  exquisitely  wrought 
in  bas-relief,  and  of  precious  materials,  were  fasten- 
ed upon  the  surface  of  vessels  or  other  pieces  of  fur- 
niture. 

To  productions  of  the  former  class  we  may  refer 
all  attempts  to  adorn  the  walls  and  floors  of  houses 
with  the  figures  of  flowers  and  animals,  or  with  any 
other  devices  expressed  upon  a  common  ground  by 
the  insertion  of  variously-coloured  woods  or  mar- 
bles, all  of  which  were  polished  so  as  to  be  brought 
to  a  plain  surface.  To  such  mosaics  Lucilius  al- 
ludes3 when  he  compares  the  well-connected  words 
of  a  skilful  orator  to  the  small  pieces  (tesserulce) 
which  compose  the  "  emblema  vcrmiculalum"  of  an 
ornamental  pavement.  In  the  time  of  Pliny,  these 
decorations  for  the  walls  of  apartments  had  become 
very  fashionable.4  Seneca  makes  mention  of  sil- 
ver inlaid  with  gold  among  the  luxuries  of  his  day.6 
{Vid.  Chrysendeta.) 

To  the  latter  class  of  productions  belonged  the 
cups  and  plates  which  Verres  obtained  by  violence 
from  the  Sicilians,  and  from  which  he  removed  thy 
emblems  for  the  purpose  of  having  tnem  set  in  gold 
instead  of  silver.6  These  must  have  been  riveted 
with  nails,  or  in  some  other  way.  They  were  reck- 
oned exceedingly  valuable  as  works  of  first-rate  art-. 
ists,  and  some  of  them  were,  moreover,  esteemed 
sacred,  being  the  figures  of  the  penates  and  house- 
hold gods  of  the  proprietors.  Athenaeus,  in  descri- 
bing two  Corinthian  vases,7  distinguishes  between 
the  emblems  in  bas-relief  (Trpoarvrra)  which  adorned 
the  body  and  neck  of  each  vessel,  and  the  figures  in 
high  relief  (TreptQav/)  reropvevfieva  £tia)  which  were 
placed  upon  its  brim.  An  artist,  whose  business  it 
was  to  make  works  ornamented  with  emblems,  was 
called  "  crustarius."8 

EME'RITI  was  the  name  given  to  those  Roman 
soldiers  who  had  served  out  their  time,  and  had  ex- 
emption (vacatio)  from  military  service.  The  usual 
time  of  service  was  twenty  years  for  the  legionary 
soldiers,  and  sixteen  for  the  praetorians.9  At  the 
end  of  their  period  of  service  they  received  a  boun- 
ty or  reward,  either  in  lands  or  money,  or  in  both. 
Dion  Cassius10  states  that  it  was  arranged  by  Au- 
gustus that  a  praetorian  should  receive  5000  drach- 
mae (20,000  sesterces),  and  a  legionary  3000  (12,000 
sesterces).  Caligula  reduced  the  bounty  of  the  lat- 
ter to  6000  sesterces."11  We  find  this  bounty  called 
justce  militia  commoda,17  commoda  missionum,13  and 
also  cmeritum.1* 

EME'RITUM.     {Vid.  Emeriti.) 

EMISSA'RIUM,  an  artificial  channel  formed  to 
carry  off  any  stagnant  body  of  water  (undc  aqua 
emiltitur),  like  the  sluices  in  modern  use.15 

Some  works  of  this  kind  are  among  the  most  re- 
markable efforts  of  Roman  ingenuity.  Remains 
still  exist  to  show  that  the  lakes  Trasimene,  Albano, 

1.  (Meier,  Att.  Proc,  p.  372.  460,  748.)— 2.  (Athens™,  ri.- 
76,  p.  488.)— 3.  (ap.  Cic,  De  Orat.,  iii.,  43.)— 4.  (II.  N.,  xxxr. 
1.)— 5.  (Epist.,  5.)— 6.  (Cic,  II.  Verr.,  it.,  17.  22-24.)— 7.  (▼., 
30,  p.  199.)— 8.  (Plin.,  H.  N.,  xxxiii.,  12.)— 9.  (Dion  Cass.,  W 
23.— Tacit.,  Ann.,  i.,  78.)-10.  (1.  c.)— 11.  (Suet.,  Cal.,  44.)- 
12.  (Suet.,  Vitell.,  15.)— 13.  (Suet.,  Cal.,  44.)— 14.  (Di?.  49,  tit 
16,  s.  3,  6  8,  12  ;  s.  5,  t)  7.— Vid.  Lipsius,  Excursus  ad  Tant. 
Ann.,  i.,  17  )— 15.  (Plin.,  H.  N.,  xxxiii.,  21.— Cic.  ad  Fam.,  x*i.. 
18.) 

39Q 


EMISSARIUM. 


EMPHYTEUSIS. 


Nemi,  and  Fucino  were  all  drained  by  means  of 
emissaria,  the  last  of  which  is  still  nearly  perfect, 
and  open  to  inspection,  having  been  partially  clear- 
ed by  the  present  King  of  Naples.  Julius  Caesar  is 
said  to  have  first  conceived  the  idea  of  this  stupen- 
dous undertaking,1  which  was  carried  into  effect  by 
the  Emperor  Claudius.3 

The  following  account  of  the  works,  from  obser- 
vations on  the  spot,  will  give  some  idea  of  their  ex- 
tent and  difficulties.  The  circumference  of  the  lake, 
including  the  bays  and  promontories,  is  about  thirty 
miles  in  extent.  The  length  of  the  emissary,  which 
lies  nearly  in  a  direct  line  from  the  lake  to  the  Riv- 
er Liris  (Garigliano),  is  something  more  than  three 
miles.  The  number  of  workmen  employed  was 
30,000,  and  the  time  occupied  in  the  work  eleven 
years.3  For  more  than  a  mile  the  tunnel  is  carried 
under  a  mountain,  of  which  the  highest  part  is  1000 
feet  above  the  level  of  the  lake,  and  through  a  stra- 
tum of  rocky  formation  (carnelian)  so  hard  that  ev- 
ery inch  required  to  be  worked  by  the  chisel.  The 
remaining  portion  runs  through  a  softer  soil,  not 
much  below  the  level  of  the  earth,  and  is  vaulted  in 
brick.  Perpendicular  openings  (putei)  are  sunk  at 
various  distances  into  the  tunnel,  through  which 
the  excavations  were  partly  discharged ;  and  a  num- 
ber of  lateral  shafts  (cuniculi),  some  of  which  sep^- 
arate  themselves  into  two  branches,  one  above  the 
other,  are  likewise  directed  into  it,  the  lowest  at  an 
elevation  of  five  feet  from  the  bottom.  Through 
these  the  materials  excavated  were  also  carried 
out.  Their  object  was  to  enable  the  prodigious 
multitude  of  30,000  men  to  carry  on  their  opera- 
tions at  the  same  time  without  incommoding  one 
anocher.  The  immediate  mouth  of  the  tunnel  is 
soroo  distance  from  the  present  margin  of  the  lake, 
which  space  is  occupied  by  two  ample  reservoirs, 
intended  to  break  the  rush  of  water  before  it  enter- 
ed the  emissary,  connected  by  a  narrow  passage,  in 
which  were  placed  the  sluices  (epistomium).  The 
:oiouth  of  the  tunnel  itself  consists  of  a  splendid 
archway  of  the  Doric  order,  nineteen  feet  high  and 
nine  wide,  formed  out  of  large  blocks  of  stone,  re- 
sembling in  construction  the  works  of  the  Claudian 
aquaeduct.     That  through  which  the  waters  dis- 


>.  (Suet.,  Jul.,  44.)— 2.  (Tacit..  Ann.,  xii.,  57.)— 3.  (Suet., 
'"'mid  ,  20.— Compare  Plin.,  H.  N.,  xxxvi.,  24,  t>  11.) 
400 


charged  themselves  into  the  Liris  was  more  sixnpk 
and  is  represented  in  the  preceding  woodcut.  Th« 
river  lies  in  a  ravine  between  the  arch  and  fore- 
ground, at  a  depth  of  60  feet  below,  and,  conse- 
quently, cannot  be  seen  in  the  cut.  The  small 
aperture  above  the  embouchure  is  one  of  the  cuni- 
culi above  mentioned. 

It  appears  that  the  actual  drainage  was  relin- 
quished soon  after  the  death  of  Claudius,  eith.j: 
from  the  perversity  of  Nero,  as  the  words  of  Plin/1 
seem  to  imply,  or  by  neglect ;  for  it  was  reopened 
by  Hadrian.8 

EMMHNOI  AIKAI  (e/ifMjvoi  Sinai)  were  suit* 
which  were  not  allowed  to  be  pending  above  ® 
month.  This  regulation  was  not  introduced  till  af- 
ter the  date  of  Xenophon's  treatise  on  the  revenue, 
in  which  it  was  proposed  that  a  more  rapid  prog- 
ress should  be  allowed  to  commercial  suits,3  and  it 
appears  to  have  been  first  established  in  the  time 
of  Philip.*  It  was  confined  to  those  subjects  which 
required  a  speedy  decision  ;  and  of  these  the  most 
important  were  disputes  respecting  commerce  (e/*  • 
■Kopinai  Sinai5),  which  were  heard  during  the  sis 
winter  months  from  Boedromion  to  Munychion,  so 
that  the  merchants  might  quickly  obtain  their  rights 
and  sail  away  ;6  by  which  we  are  not  to  understand, 
as  some  have  done,  that  a  suit  could  be  protracted 
through  this  whole  time,  but  it  was  necessary  that 
it  should  be  decided  within  a  month.7 

All  causes  relating  to  mines  (iiETaXkinai  Sinai) 
were  also  eu/livvoi  Sinai  ;8  the  object,  as  Bockh  re- 
marks,9 being,  no  doubt,  that  the  mine  proprietoi 
might  not  be  detained  too  long  from  his  business. 
The  same  was  the  case  with  causes  relating  to  ipa- 
voi10  (vid.  Eranoi)  ;  and  Pollux11  includes  in  the 
list  suits  respecting  dowry,  which  are  omitted  by 
Harpocration  and  Suidas. 

*EMP'ETRUM  (e/uneTpov),  a  plant,  about  which 
botanical  writers  are  still  undecided.  Stephens  and 
Hardouin  call  it  Percc-pierrc ;  but  if  by  it  they  mean 
the  Alchemilla  arvensis  of  Hooker,  which  is  often 
called  Perce-pierre,  or  Parsley-breakstone,  its  char- 
acters, according  to  Adams,  are  by  no  means  suita- 
ble to  the  e/LLTTErpov  of  Dioscorides.  The  conjecture 
of  Caesalpinus,  which  Sprengel  adopts,  namely,  that 
it  was  a  species  of  Salsola,  is,  according  to  the  same 
writer,  much  more  probable.  Fee,  however,  de- 
clares against  this  opinion  without  giving  any  one 
in  its  place.  Pliny  says  of  it,  "  Empetros,  quam 
nostri  calcifragam  vocant,"  &e.,  identifying  it  with 
the  Calcifraga.1? 

EMPHROU'ROI  (t/x^povpoi),  from  Qpovpd,  was 
the  name  given  to  the  Spartan  citizens  during  the 
period  in  which  they  were  liable  to  military  service.13 
This  period  lasted  to  the  fortieth  year  from  man- 
hood (af  f/6nc),  that  is  to^say,  to  the  sixtieth  year 
from  birth ;  and  during  this  time  a  man  could  not 
go  out  of  the  country  without  permission  from  the 
authorities.1* 

EMPHYTEUSIS  (e^vtevgi^,  literally,  an  "in- 
planting")  is  a  perpetual  right  in  a  piece  of  land 
that  is  the  property  of  another :  the  right  consists 
in  the  legal  power  to  cultivate  it,  and  treat  it  as  our 
own,  on  condition  of  cultivating  it  properly,  and 
paying  a  fixed  sum  {canon,  pensio,  reditus)  to  the 
owner  (dominus)  at  fixed  times.  The  right  is  found- 
ed on  contract  between  the  owner  and  the  lessee 

1  (H.  N.,  xxxvi.,  24,  $  11.)— 2.  (Spart.,  Hadr.,  22.)-3.  'Xen., 
De  Vec.t.,  3.)— 4.  (Or.  de  Halonn.,  p.  79,  23.)  — 5  (Pollux, 
Onom.,  viii.,  63,  101. — Harpocrat.  and  Suid.,  8.  v.  "Efii/rjvot  At' 
Ka(>)_6.  (Demosth.,  c.  Apat.,  p.  900,  3.)  — 7.  (Bockh,  Publ. 
Econ.  of  Athens,  i.,  p.  70.)— 8.  (Demosth.,  c.  Panrsen.,  966,  17.) 

9.  ("  On  the  Silver  Mines  of  Laurion,"  Publ.  Econ.  of  Athens, 

ii     p.  481.) — 10.   (Pollux,  Onom.,  viii.,  101. —  Earpocrat.  and 
Suid.,  I.e.)— 11.  (1.  c.)— 12.  (Dioscor.,  iv.,  178.— Plin.,  H.  N., 
xxvii.,  9.— Adams,  Append.,  s.  v.)— 13.  (Xen.,  Rep.  Lac,  v.,  7.) 
— 14.  (Isocr.,  Busir.,  p.  225,  where  //d^t/uos,  according  to  Mull* 
Dor.,  iii.,  12,  $  1,  is  evidently  put  for  e/xippovpos.) 


EMPIRICI. 


EMPIRIC!. 


emphyteuta.  and  the  land  is  called  ager  vectigalis 
or  emphyteutiearius.  It  was  long  doubted  whether 
this  was  a  contract  of  buying  and  selling,  or  of  let- 
ting and  hiring,  till  the  Emperor  Zeno  gave  it  a 
definite  character,  and  the  distinctive  name  of  con- 
tractus emphyteutiearius. 

The  Ager  Vectigalis  is  first  distinctly  mentioned 
about  the  time  of  Hadrian,  and  the  term  is  applied 
to  lands  which  were  leased  by  the  Roman  state,  by 
towns,  by  ecclesiastical  corporations,  and  by  the 
vestal  virgins.  In  the  Digest  mention  only  is  made 
of  lands  of  towns  so  let,  with  a  distinction  of  them 
into  agri  vectigales  and  non  vectigales,  according  as 
the  lease  was  perpetual  or  not ;  but  in  either  case 
the  lessee  had  a  real  action  (utilis  in  rem  actio)  for 
tte  protection  of  his  rights,  even  against  the  owner. 

The  term  Emphyteusis  first  occurs  in  the  Digest. 
The  Preedia  Emphyteutica  are  also  frequently  men- 
tioned in  the  Theodosian  and  Justinian  Codes,  but 
they  are  distinguished  from  the  agri  vectigales. 
Justinian,  however,  put  the  emphyteusis  and  the 
ager  vectigalis  on  the  same  footing ;  and  in  the  case 
of  an  emphyteusis  (whether  the  lessor  was  a  com- 
munity or  an  individual),  the  law  was  declared  to  be 
the  same  as  in  the  case  of  leases  of  town  property. 
This  emphyteusis  was  not  ownership  :  it  was  a  jus 
in  re  only,  and  the  lessee  is  constantly  distinguished 
from  the  owner  (dominus).  Yet  the  occupier  of  the 
ager  vectigalis  and  the  emphyteuta  had  a  juristical 
possessio  ;  a  kind  of  inconsistency,  which  is  ex- 
plained by  Savigny,  by  showing  that  the  ager  vecti- 
galis was  formed  on  the  analogy  of  the  ager  publi- 
cus,  and  though  there  were  many  differences  be- 
tween them,  there  was  nothing  inconsistent  in  the 
notion  of  possession,  as  applied  to  the  public  land, 
being  transferred  to  the  ager  vectigalis  as  a  modified 
form  of  the  ager  publicus. 

Though  the  emphyteuta  had  not  the  ownership 
af  the  land,  he  had  an  almost  unlimited  right  to  the 
ei.joyment  of  it,  unless  there  were  special  agree- 
ments limiting  his  right.  He  could  sell  his  interest 
in  the  land  after  giving  notice  to  the  owner,  who 
had  the  power  of  choosing  whether  he  would  buy 
the  land  at  the  price  which  the  purchaser  was  will- 
ing to  give.  But  the  lessee  could  not  sell  his  inter- 
est to  a  person  who  was  unable  to  maintain  the 
property  in  good  condition.  The  lessee  was  bound 
to  pay  all  the  public  charges  and  burdens  which 
might  fall  on  the  land,  to  improve  the  property,  or, 
at  least,  not  to  deteriorate  it,  and  to  pay  the  rent 
regularly.  In  case  of  the  lessee's  interest  being 
transferred  to  another,  a  fiftieth  part  of  the  price,  or 
of  the  value  of  the  property,  when  the  nature  of  the 
transfer  did  not  require  a  price  to  be  fixed,  was  pay- 
able to  the  owner  on  the  admission  of  the  emphy- 
teuta, and  which,  as  a  general  rule,  was  payable  by 
him.  The  heredes  of  the  emphyteuta  were  not  lia- 
ble to  such  payment. 

The  origin  of  the  Emphyteusis,  as  already  stated, 
was  by  contract  with  the  owner  and  by  tradition  ; 
or  the  owner  might  make  an  emphyteusis  by  his 
last  will.  It  might  also,  perhaps,  in  certain  cases, 
be  founded  on  prescription. 

The  right  of  the  emphyteuta  might  cease  in  sev- 
eral ways  :  by  surrender  to  the  dominus,  or  by  dy- 
ing without  heirs,  in  which  case  the  emphyteusis 
reverted  to  the  owner.  He  might  also  lose  his  right 
by  injuring  the  property,  by  non-payment  of  his  rent 
or  tfie  public  burdens  to  which  the  land  was  liable, 
by  alienation  without  notice  to  the  dominus,  &c. 
In  huch  cases  the  dominus  could  take  legal  measures 
for  recovering  the  possession.1 

EMPI'RICl  ('EfnreipiKoi),  an  ancient  medical  sect, 

I.  (Dig.  6,  tit.  3.  — Cod.  4,  tit.  66.  —  Miihlenbruch,  Doetrina 
Pandectarum.— Saviciiv,  Das  Recht  dea  Be.vtzes,  j).  99.  <fcc,  p. 
»*n  —  Mar.keldey.  Lehrbuch,  «kc.) 
E  F.   R 


so  called  from  the  word  e/nreipia  because  Ihey  prv 
feased  to  derive  their  knowledge  from  experienti 
only,  and  in  this  particular  set  themselves  in  opp&. 
sition  to  the  Dogmatici.  (Vid.  Dogmatici.)  Sera- 
pion  of  Alexandrea,  and  Philinus  of  Cos,  are  regard- 
ed as  the  founders  of  this  school,  in  the  third  cen- 
tury B.C.  The  arguments  by  which  the  Dogmatici 
supported  their  opinions,  as  summed  up  by  Celsus,1 
are  given  under  that  head  ;  those  of  the  Empiric! 
are  thus  stated  by  the  same  author:  " On  the  other 
hand,  those  who,  from  experience,  styled  themselves 
Empirici,  admit,  indeed,  the  evident  causes  as  ne- 
cessary, but  affirm  the  inquiry  after  the  occult 
causes  and  natural  actions  to  be  fruitless,  because 
Nature  is  incomprehensible.  And  that  these  things 
cannot  be  comprehended,  appears  from  the  contro- 
versies among  those  who  have  treated  concerning 
them,  there  being  no  agreement  found  here,  either 
among  the  philosophers  or  physicians  themselves  ; 
for  why  should  one  believe  Hippocrates  rather  than 
Herophilus'?  or  why  him  rather  than  Asclepiades  1 
That  if  a  man  inclines  to  determine  his  judgment 
by  reasons  assigned,  the  reasons  of  each  of  them 
seem  not  improbable  ;  if  by  cures,  all  of  them  have 
restored  the  diseased  to  health  ;  and,  therefore,  we 
should  not  djeny  credit  either  to  the  arguments  or 
to  the  authority  of  any  of  them.  That  even  the 
philosophers  must  be  allowed  to  be  the  greatest 
physicians,  if  reasoning  could  make  them  so ;  where- 
as it  appears  that  they  have  abundance  of  words,  and 
very  little  skill  in  the  art  of  healing.  They  say,  also, 
that  the  methods  of  practice  differ  according  to  the 
nature  of  places ;  thus  one  method  is  necessary  at 
Rome,  another  in  Egypt,  and  another  in  Gaul.  That 
if  the  causes  of  distempers  were  the  same  in  all  pla- 
ces, the  same  remedies  ought  to  be  used  every- 
where. That  often,  too,  the  causes  are  evident, 
as,  for  instance,  in  a  lippitude  (or  ophthalmia)  or  a 
wound  ;  and,  nevertheless,  the  method  of  cure  does 
not  appear  from  them  :  that  if  the  evident  cause 
does  not  suggest  this  knowledge,  much  less  can  the 
other,  which  is  itself  obscure.  Seeing,  then,  this 
last  is  uncertain  and  incomprehensible,  it  is  much 
better  to  seek  relief  from  things  certain  and  tried ; 
that  is,  from  such  remedies  as  experience  in  the 
method  of  curing  has  taught  us,  as  is  done  in  all 
other  arts  ;  for  that  neither  a  husbandman  nor  a  pi- 
lot is  qualified  for  his  business  by  reasoning,  but 
by  practice.  And  t^.at  these  disquisitions  have  no 
connexion  with  medicine,  may  be  inferred  from  this 
i  plain  fact,  that  physicians,  whose  opinions  in  these 
matters  have  been  directly  opposite  to  one  another, 
have,  notwithstanding,  equally  restored  their  pa- 
tients to  health;  that  their  success  was  to  be  as- 
cribed to  their  having  derived  their  methods  of  cure, 
not  from  the  occult  causes  or  the  natural  actions, 
about  which  they  were  divided,  but  from  experi- 
ments, according  as  they  had  succeeded  in  the  course 
of  their  practice.  That  medicine,  even  in  its  infan- 
cy, was  not  deduced  from  these  inquiries,  but  from 
experiments :  for  of  the  sick  who  had  no  physicians, 
some,  from  a  keen  appetite,  had  immediately  taken 
food  in  the  first  days  of  their  illness,  while  others, 
feeling  a  nausea,  had  abstained  from  it,  and  that  the 
disorder  of  those  who  had  abstained  was  more  alle- 
viated ;  also  some,  in  the  paroxysm  of  a  fever,  had 
taken  food,  others  a  little  before  it  came  on,  and 
others  after  its  remission ;  and  that  it  succeeded 
best  with  those  who  had  done  it  after  the  removal 
of  the  fever :  in  the  same  manner,  some  used  a  full 
diet  in  the  beginning  of  a  disease,  others  were  ab- 
stemious ;  and  that  those  grew  worse  who  had  eaten 
plentifully.  These  and  the  like  instances  daily  oc- 
curring, that  diligent  men  observed  attentively  what 


1.  <De  Med.,  Praef.) 


401 


EMP1RICI. 


EMPIRIC!. 


method  generally  answered  best,  and  afterward  be- 
gan to  prescribe  the  same  to  the  sick.  That  this  was 
the  rise  of  the  art  of  medicine,  which,  by  the  frequent 
recovery  of  some  and  the  death  of  others,  distin- 
guishes what  is  pernicious  from  what  is  salutary ; 
and  that,  when  the  remedies  were  found,  men  began 
to  discourse  about  the  reasons  of  them.  That  med- 
icine was  not  invented  in  consequence  of  their  rea- 
soning, but  that  theory  was  sought  for  after  the  dis- 
covery of  medicine.  They  ask,  too,  whether  reason 
prescribes  the  same  as  experience,  or  something 
different :  if  the  same,  they  infer  it  to  be  needless ; 
tf  different,  mischievous.  That  at  first,  however, 
there  was  a  necessity  for  examining  remedies  with 
the  greatest  accuracy,  but  now  they  are  sufficiently 
ascertained ;  and  that  we  neither  meet  with  any 
new  kind  of  disease,  nor  want  any  new  method  of 
cure.  That  if  some  unknown  distemper  should  oc- 
cur, the  physician  would  not  therefore  be  obliged  to 
have  recourse  to  the  occult  things,  but  he  would 
presently  see  to  what  distemper  it  is  most  nearly 
allied,  and  make  trial  of  remedies  like  to  those  which 
have  often  been  successful  in  a  similar  malady,  and 
by  the  resemblance  between  them  would  find  some 
proper  cure.  For  they  do  not  affirm  that  judgment 
is  not  necessary  to  a  physician,  and  that  an  irra- 
tional animal  is  capable  of  practising  this  art,  but 
tli at  those  conjectures  which  relate  to  the  occult 
things  are  of  no  use,  because  it  is  no  matter  what 
causes,  but  what  removes  a  distemper  ;  nor  is  it  of 
any  importance  in  what  manner  the  distribution  is 
performed,  but  what  is  easiest  distributed :  whether 
concoction  fails  from  this  cause  or  that,  or  whether 
it  be  properly  a  concoction,  or  only  a  distribution  ; 
nor  are  we  to  inquire  how  we  breathe,  but  what  re- 
lieves a  difficult  and  slow  breathing ;  nor  what  is 
the  cause  of  motion  in  the  arteries,  but  what  each 
kind  of  motion  indicates.  That  these  things  are 
known  by  experience ;  that  in  all  disputes  of  this 
kind  a  good  deal  may  be  said  on  both  sides,  and, 
therefore,  genius  and  eloquence  obtain  the  victory  in 
the  dispute ;  but  diseases  are  cured,  not  by  eloquence, 
but  by  remedies ;  so  that  if  a  person  without  any 
eloquence  be  well  acquainted  with  those  remedies 
that  have  been  discovered  by  practice,  he  will  be  a 
much  greater  physician  than  one  who  has  cultivated 
his  talent  in  speaking  without  experience.  That 
these  things,  however,  which  have  been  mentioned 
are  only  idle ;  but  what  remains  is  also  cruel,  to  cut 
open  the  abdomen  and  praecordia  of  living  men,  and 
make  that  aft,  which  presides  over  the  health  of 
mankind,  the  instrument,  not  only  of  inflicting  death, 
but  of  doing  it  in  the  most  horrid  manner ;  especial- 
ly if  it  be  considered  that  some  of  those  things 
whieh  are  sought  after  with  so  much  barbarity  can- 
not be  known  at  all,  and  others  maybe  known  with- 
out any  cruelty ;  for  that  the  colour,  smoothness, 
softness,  hardness,  and  such  like,  are  not  the  same 
in  a  wounded  body  as  they  were  in  a  sound  one  ; 
and,  farther,  because  these  qualities,  even  in  bodies 
that  have  suffered  no  external  violence,  are  often 
changed  by  fear,  grief,  hunger,  indigestion,  fatigue, 
and  a  thousand  other  inconsiderable  disorders, 
whieh  makes  it  much  more  probable  that  the  inter- 
'  nal  parts,  which  are  far  more  tender,  and  never  ex- 
posed to  the  light  itself,  are  changed  by  the  severest 
wounds  and  mangling.  And  that  nothing  can  be 
more  ridiculous  than  to  imagine  anything  to  be  the 
same  in  a  dying  man,  nay,  one  already  dead,  as  it  is 
in  a  living  person ;  for  that  the  abdomen,  indeed, 
may  be  opened  while  a  man  breathes,  but  as  soon 
as  the  knife  has  reached  the  praecordia,  and  the 
transverse  septum  is  cut,  which,  by  a  kind  of  mem- 
brane, divides  the  upper  from  the  lower  parts  (and 
by  the  Greeks  is  called  the  diaphragm — diucppay/na), 
the  man  immediately  expires,  and  thus  the  prae- 
402 


cordia  and  all  the  viscera  never  come  to  the  vieif 
of  the  butchering  physician  till  the  man  is  dead ; 
and  they  must  necessarily  appear  as  those  of  a  dead 
person,  and  not  as  they  were  while  he  lived.;  and 
thus  the  physician  gains  only  the  opportunity  of  mur- 
dering a  man  cruelly,  and  not  of  observing  what  are 
the  appearances  of  the  viscera  in  a  living  person.  If, 
however,  there  can  be  anything  which  can  be  Ou- 
served  in  a  person  that  yet  breathes,  chance  often 
throws  it  in  the  way  of  such  as  practise  the  healing 
art ;  for  that  sometimes  a  gladiator  on  the  stage,  a 
soldier  in  the  field,  or  a  traveller  beset  by  robbers, 
is  so  wounded  that  some  internal  part,  different  ie 
different  people,  may  be  exposed  to  view ;  and  thus 
a  prudent  physician  finds  their  situation,  position, 
order,  figure,  and  the  other  particulars  he  wants  to 
know,  not  by  perpetrating  murder,  but  by  attempting 
to  give  health ;  and  learns  by  compassion  that  which 
others  had  discovered  by  horrid  cruelty.  That  for 
these  reasons  it  is  not  necessary  to  lacerate  even  dead 
bodies  ;  which,  though  not  cruel,  yet  may  be  shock- 
ing to  the  sight,  since  most  things  are  different  in 
dead  bodies ;  and  even  the  dressing  of  wounds  shows 
all  that  can  be  discovered  in  the  living."1 

Such  were  the  arguments  by  which  they  support- 
ed their  opinions  in  favour  of  experience,  of  which 
they  reckoned  three  sorts,  viz.  :  Observation  {Trjpn- 
oig)  or  Autopsy  (avrotjjta),  History  (Icropia),  and 
Analogy,  or  the  substitution  of  a  similar  thing  •(?/  tov 
ojioiov  /xErddacnc),  which  they  called  "  the  Tripod  of 
Medicine"  (ttjv  rpinoda  7%  larpiK^g^).  They  gave  the 
name  of  Observation  or  Autopsy  to  that  which  had 
been  noticed  by  each  individual  for  himself  while 
watching  what  took  place  in  the  course  of  an  illness, 
and  was  the  result  of  his  own  remarks  on  the  signs 
and  causes  of  the  disease,  and  also  on  the  result  of 
different  modes  of  treatment.  What  they  called 
History  was  a  collection  of  observations  made  by 
others,  and  afterward  put  in  writing.  Analogy,  or 
the  substitution  of  one  thing  for  another,  was  what 
they  had  recourse  to  when  they  had  to  treat  a  new 
malady,  and  could  not  profit  either  by  their  own  ex- 
perience or  that  of  others.  In  these  and  similar 
cases  they  selected  their  plan  of  treatment,  by  com- 
paring the  unknown  disease  with  that  which  most 
resembled  it.  Their  opinions  may  be  found  at  great- 
er length  in  Le  Clerc's  or  Sprengel's  History  of  Med- 
icine. The  latter  remarks  that  "their  principles 
exhibit  the  most  evident  proofs  of  their  great  saga- 
city and  sound  judgment,  and  that  they  were  more 
animated  by  the  true  genius  of  medicine  than  the 
greater  part  of  their  predecessors,  who  had  given 
themselves  up  to  vague  theories."  However,  their 
rejection  of  Anatomy,  Physiology,  and  Pathology  as 
useless  studies,  would,  of  course  (at  least  in  the 
opinion  of  modern  physicians),  prevent  their  ever 
attaining  any  higher  rank  than  that  of  clever  exper- 
imentalists, though  it  must  not  be  denied  that  ma 
teria  medica  is  indebted  to  them  for  the  discovery  ci 
the  properties  of  many  valuable  drugs. 

Besides  Philinus,  the  names  of  the  following 
physicians  of  this  sect  have  been  preserved :  Sera- 
pion,  who  is  said  by  Celsus3  to  have  been  theii 
founder,  Apollonius,*  Glaucias,6  Heraclides  of  Ta- 
rentum,6  Bacchius  of  Tanagra,  Zeuxis,7  Menodotus 
of  Nicomedia,8  Theodas  or  Theudas  of  Laodicea,* 
Sextus,10  Dionysius,11  Crito,12  Herodotus  of  Tarsus, 
Saturninus,13  Callicles,  Diodorus,  Lycus,1*  ^Eschri- 
on,15  Philippus,  Marcellus,  and  Plinius  Valerianus. 


1.  (Futvove's  translation.)  —  2.  (Galen,  De  Subfigur.  Empir., 
cap.  13,  p.  68.)— 3  (De  Medic,  in  Praefat.)— 4.  (Ibid.)— 5.  (Ibid  } 
—6.  (Ibid.) — 7.  (Galen,  Comment,  in  Aphor.  Hippocr.,  torn 
xviii.,  p.  187,  ed  Kiihn.) — 8.  (Diog.  Laert.,  ix.,  12,  sect.  7,  ( 
116.) — 9.  (Ibid.)— 10.  (Ibid.)— 11.  (Galen,  De  Mtedicam.,  Bee. 
locos,  v.,  7.) — 12.  (Id.,  De  Subfigur.  Empir.) — 13.  (Diog.  Lt 
ert.,  1.  c.)— 14.  (Galen,  De  Meth.  Med.,  ii.,  7,  p.  142/— 15.  (W 
De  Simpl.  Medicam.  Facult.,  xi.,  24,  p.  356.) 


EMTIO  ET   ifENDITIO 


ENDEIXIS. 


With  respect  to  Bacch:  is,  however,  it  should  he 
mentioned,  that  Kiihn1  considers  the  passage  in 
Galen,  which  seems  to  class  him  among  the  Empir- 
ici,  to  be  corrupt.  None  of  these  have  left  any 
works  behind  them  except  Sextus,  Marcellus,  and 
Plinius  Valerianus,  a  few  of  whose  writings  are 
still  extant.  The  sect  existed  a  long  time,  as  Mar- 
cellus lived  in  the  fourth  century  A.D. ;  it  appears 
also  to  have  maintained  its  reputation  as  long  as  its 
members  remained  true  to  their  original  principles ; 
and  it  was  only  when  they  began  to  substitute  ig- 
norant and  indiscriminate  experiments  for  rational 
and  philosophical  observation  that  the  word  Empiric 
sank  into  a  term  of  reproach.  A  parallel  has  been 
drawn  between  the  worst  part  of  the  system  of  the 
ancient  Empirici  and  the  modern  Homoeopathists 
by  Franc.  Ferd.  Brisken,  in  an  inaugural  dissertation 
entitled  "  Philinus  et  Hahnemannus,  seu  Veteris 
Sects  Empiricae  cum  Hodierna  Secta  Homceopa- 
thica  Comparatio,"  8vo,  Berol,  1834,  p.  36. 

*EMPIS  (tfiirig),  a  species  of  insect,  often  con- 
founded with  the  Kuvoip,  or  Gnat.  Schneider  thinks 
the  term  is  more  properly  applicable  to  certain  spe- 
cies of  Tipula.  "  The  Tipula  culiciformis"  observes 
Adams,  "  is  very  like  the  gnat ;  it  would,  then,  ap- 
pear to  correspond  to  the  kfiirig  of  the  Greeks."8 

EMPORICAI  DICAI  (epnopiKal  dUai).  (Vid. 
Emporium.) 

EMPO'RIUM  (to  efiiTopiov),  a  place  for  wholesale 
trade  in  commodities  carried  by  sea.  The  name  is 
sometimes  applied  to  a  seaport  town,  but  it  prop- 
erly signifies  only  a  particular  place  in  such  a  town. 
Thus  Amphitryo  says  that  he  had  looked  for  a  per- 
son, 

"  Apud  emporium,  atque  in  macello,  in  palcestra  atque 
in  foro, 
In  medicinis,  in   tonstrinis,  apud  omnis  cedis  sa- 


cras 


"3 


The  word  is  derived  from  e/niropog,  which  signifies 
in  Homer  a  person  who  sails  as  a  passenger  in  a 
ihip  belonging  to  another  person  ;*  but  in  later 
writers  it  signifies  the  merchant  or  wholesale  deal- 
er, and  differs  from  Ka-K-rfkoq,  the  retail  dealer,  in 
that  it  is  applied  to  the  merchant  who  carries  on 
commerce  with  foreign  countries,  while  the  Ka^ri- 
7.oc  purchases  his  goods  from  the  Efnropog,  and  retails 
them  in  the  market-place  (rj  ov  naTrfjhove  /caXovfiev 
rove  Ttpbc  uvtjv  re  nal  npuciv  dcaKovovvrac,  idpvpe- 
vovc  bv  ayopg.,  rovg  6e  irTiav^rag  bid  rag  iroXeig  ep.7r6- 
povci). 

At  Athens,  it  is  said6  that  there  were  two  kinds 
of  emporia,  one  for  foreigners  and  the  other  for 
natives  (S-evlkov  and  uotmov),  but  this  appears 
doubtful.7  The  emporium  at  Athens  was  under 
the  inspection  of  certain  officers,  who  were  elected 
annually  (eirif£e?.nral  rov  e/nropiov).  (Vid.  Epime- 
let^e.) 

EMTI  ET  VENDITI  ACTIO.  The  seller  has 
an  actio  venditi,  and  the  buyer  has  an  actio  emti, 
upon  the  contract  of  sale  and  purchase.  Both  of 
them  are  actiones  directs,  and  their  object  is  to 
obtain  the  fulfilment  of  the  obligations  resulting 
from  the  contract. 

E'MTIO  ET  VENDFTIO.  The  contract  of  buy- 
ing and  selling  consists  in  the  buyer  agreeing  to 
g've  a  certain  sum  of  money  to  the  seller,  and  the 
seller  agreeing  to  give  to  the  buyer  some  certain 
thing  for  his  money.  After  the  agreement  is  made, 
the  buyer  is  bound  to  pay  his  money,  even  if  the 
thing  which  is  the  object  of  purchase  should  be  ac- 


1.  (Add'.wrn.  ad  Elench.  Medicor.  Veter.  a  Jo.  A.  Fabricio,  in 
yiol.  Gra  ,  xiii.,  Exhibitum,*4to,  Lips.,  1826.)-2.  (Aristot.,  H. 
A.,  v.,  17.— Adams,  Append.,  s.  v.) — 3.  (Plaut.,  Amph.,  IV.,  i., 
4.— Compare  Uv  ,  xxxv.,  10  j  xli.,  27.)— 4.  (Od.,  ii.,  319  ;  xxiv., 
o00.)-5.  (Plato,  De  Rep.,  ii.,  12,  p.  371.)— «.  (Lex.  Seg.,  p. 
W8.)— 7.  (Bockh,  Publ.  Econ.  of  Athens,  ii.,  p.  24.) 


cidentally  destroyed  before  it  is  delivered  ;  and  the 
seller  must  deliver  the  thing  with  all  its  intermedi- 
ate increase.  The  seller  mi  st  also  warrant  a,  good 
title  to  the  purchase  (vid.  Evictio),  and  he  must 
also  warrant  that  the  thing  has  no  concealed  de- 
fects, and  that  it  has  all  the  good  qualities  which 
he  (the  seller)  attributes  to  it.  It  was  with  a  view 
to  check  frauds  in  sales,  and  especially  in  the  salea 
of  slaves,  that  the  seller  was  obliged,  by  the  edict 
of  the  curule  cediles  (vid.  Edtctum),  to  inform  the 
buyer  of  the  defects  of  any  slave  offered  for  sale  : 
"  Qui  mancipia  vendunt,  certiores  faciant  emtores 
quod  morbi  vitiique"  &C.1  In  reference  to  this 
part  of  the  law,  in  addition  to  the  usual  action  ari- 
sing from  the  contract,  the  buyer  had  against  the 
seller,  according  to  the  circumstances,  an  actio  ex 
stipulate,  redhibitoria,  and  quanti  minoris.  Horace, 
in  his  Satires,2  and  in  the  beginning  of  the  second 
epistle  of  the  second  book,  alludes  to  the  precau- 
tions to  be  taken  by  the  buyer  and  seller  of  a  slave 
ENCAUSTIC  A.  (Vid.  Pictura.) 
ENCLE'MA  (eytaVfia).  (Vid.  Dice,  p.  358.) 
ENCTE'MA  (eynrrifia).  ( Vid.  Enctesis.) 
ENCTE'SIS  (eyKTnoig)  was  the  right  of  possess- 
ing landed  property  and  houses  (ey/cr^atc  yrjc  nal 
oUlac)  in  a  foreign  country,  which  was  frequently 
granted  by  one  Greek  state  to  another,  or  to  separ- 
ate individuals  of  another  state.3  'EynTrj/iara  were 
such  possessions  in  a  foreign  country,  and  are  op- 
posed by  Demosthenes*  to  KTrjjuara,  possessions  in 
one's  own  country.5  The  term  kyurfifj-ara  was  also 
applied  to  the  landed  property  or  houses  which  an 
Athenian  possessed  in  a  different  dijfiog  from  that 
to  which  he  belonged  by  birth,  and,  with  respect  to 
such  propert)r,  he  was  called  kyKEKTrjp,£voc :  whence 
we  find  Demosthenes6  speaking  of  ol  drjuoraL  nal  ol 
kynEK.Tnp.EvoL.  For  the  right  of  holding  property  in 
a  6?fpoc  to  which  he  did  not  belong,  he  had  to  pay 
such  dfjpog  a  tax,  which  is  mentioned  in  inscriptions 
under  the  name  of  ky/trnTLKov.7 

ENCTE'TIKON  (kyKrrjriKov).  ( Vid.  Enctesis.) 
ENDEIXIS  (evdeit-ic)  properly  denotes  a  prose- 
cution instituted  against  such  persons  as  were  al- 
leged to  have  exercised  rights  or  held  offices  while 
labouring  under  a  peculiar  disqualification.  Among 
these  are  to  be  reckoned  state  debtors,  who,  during 
their  liability,  sat  in  court  as  dicasts,  or  took  any 
other  part  in  public  life  ;  exiles,  who  had  returned 
clandestinely  to  Athens  ;  those  that  visited  holy 
places  after  a  conviction  for  impiety  (acrEdeca) ;  and 
all  such  as,  having  incurred  a  partial  disfranchise- 
ment (aripia  Kara  Trpoora^cv),  presumed  to  exercise 
their  forbidden  functions  as  before  their  condemna- 
tion. Besides  these,  however,  the  same  form  of 
action  was  available  against  the  chairman  of  the 
proedri  (kTZLcrurng),  who  wrongly  refused  to  take  the 
votes  of  the  people  in  the  assembly  ;8  against  mal- 
efactors, especially  murderers  (which  Schomann 
thinks  was  probably  the  course  pursued  when  the 
time  for  an  apogoge  had  been  suffered  to  elapse), 
traitors,  ambassadors  accused  of  malversation,9 
and  persons  who  furnished  supplies  to  the  enemy 
during  war.10  The  first  step  taken  by  the  prosecu- 
tor was  to  lay  his  information  in  writing,  also  called 
hdeit;ie,  before  the  proper  magistrate,  who  might  b« 
the  archon  or  king  archon,  or  one  of  the  thesmothe- 
tas,  according  to  the  subject-matter  of  the  informa- 
tion ;  but  in  the  case  of  a  malefactor  (nanovpyog) 
being  the  accused  person,  the  Eleven  were  tha 
officers  applied  to.  (Vid.  Eleven,  The.)  It  then 
became  the  duty  of  the  magistrate  to  arrest  or  hold 

1.  (Dig.  21,  tit.  1.)— 2.  (ii.,  3,  286.)— 3.  (Demosth.,  De  Cor., 
p.  265,  7.— Bockh,  Corp.  Inscript.,  i.,  p.  725.)— 4.  (De  Haloim, 
p.  87,  7.)— 5.  (Valcken.  ad  Herod.,  v.,  23.)— 6.  (c.  Polycl.,  p 
1208,  27.)— 7.  (Bockh,  Publ.  Econ.  of  Athens,  ii.,  p.  3.) —8 
(Plato,  Apol.,  p.  32,  a.)— 9.  (Isocrat.,  c.  Callirn.,  11.)— 10.  (Aria- 
toph.,  Equit.,  278.— Andoc,  De  Reditu.,  82.) 

403 


ENGYE. 


ENOIKIOU  DIKE. 


lo  oail  the  person  criminated,  and  take  the  usual 
steps  for  bringing  him  to  trial.  There  is  great  ob- 
scurity as  to  the  result  of  condemnation  in  a  prose- 
cution of  this  kind.  Heraldus1  ridicules  the  idea 
that  it  was  invariably  a  capital  punishment.  The 
accuser,  if  unsuccessful,  was  responsible  for  bringing 
a  malicious  charge  (ifjsvdove  hdeigeuc  vizevdvvoc?). 

E'NDROMIS  (kvdpo/xig),  a  thick,  coarse  blanket, 
manufactured  in  Gaul,  and  called  "  endromis"  be- 
cause these  who  had  been  exercising  in  the  stadium 
(kv  fipdfud)  threw  it  over  them  to  obviate  the  effects 
of  sudden  exposure  when  they  were  heated.  Not- 
withstanding its  coarse  and  shaggy  appearance,  it 
was  worn  on  other  occasions  as  a  protection  from 
the  cold  by  rich  and  fashionable  persons  at  Rome.3 
Ladies  also  put  on  an  endromis  of  a  finer  descrip- 
tion (endromidas  Tyrias*)  when  they  partook,  as 
they  sometimes  did,  of  the  exercises  of  the  palaes- 
tra. Moreover,  boots  (vid.  Cothurnus)  were  called 
evdpofiidec  on  account  of  the  use  of  them  in  running.6 

EN'DYMA  (ivdv/ia).     ( Vid.  Amictus.  ) 

ENECH'YRA  (hvexvpa).  In  private  suits  at 
Athens,  whether  tried  by  a  court  of  law  or  before 
an  arbitrator,  whenever  judgment  was  given  against 
a  defendant,  a  certain  period  was  at  the  same  time 
fixed  (v  Trpodsa/xca),  before  the  expiration  of  which 
It  was  incumbent  upon  him  to  comply  with  the 
verdict.  In  default  of  doing  so  he  became  v-Keprj- 
fiepoc,  or  over  the  day,  as  it  was  called,  and  the 
plaintiff  was  privileged  to  seize  upon  (uipaadat)  his 
goods  and  chattels  as  a  security  or  compensation 
for  non-compliance.6  The  property  thus  taken  was 
called  kvexvpa,  and  slaves  were  generally  seized 
before  anything  else.7  This  "  taking  in  execution" 
was  usually  left  to  the  party  who  gained  the  suit, 
and  who,  if  he  met  with  resistance  in  making  a 
seizure,  had  his  remedy  in  a  Slktj  ktjovlvc- ;  if  with 
personal  violence,  in  a  61ktj  aUiag.6  On  one  occa- 
sion, indeed,  we  read  of  a  public  officer  (vtttjpetiis 
napa  T7j^apxfjc)  being  taken  to  assist  in,  or,  perhaps, 
to  be  a  witness  of  a  seizure  ;  but  this  was  in  a  case 
where  public  interests  were  concerned,  and  conse- 
quent upon  a  decision  of  the  (3ov?i7J.9  The  same 
oration  gives  an  amusing  account  of  what  English- 
men would  consider  a  case  of  "  assault  and  tres- 
pass," committed  by  some  plaintiffs  in  a  defendant's 
house,  though  the  amount  of  damages  which  had 
been  given  (rj  KaraSUn)  was,  according  to  agree- 
ment, lying  at  the  bank  (enl  ttj  rpaiTE^y),  and  there 
awaiting  their  receipt. 

It  seems  probable,  though  we  are  not  aware  of  its 
being  expressly  so  stated,  that  goods  thus  seized 
were  publicly  sold,  and  that  the  party  from  whom 
they  were  taken  could  sue  his  opponent,  perhaps  by 
a  diKij  j3?iu6tjc,  for  any  surplus  which  might  remain 
after  all  legal  demands  were  satisfied.  No  seizure 
of  this  sort  could  take  place  during  several  of  the 
religious  festivals  of  the  Athenians,  such  as  the 
Dionysia,  the  Lenaea,  &c.  They  were,  in  fact,  dies 
non  in  Athenian  law.10 

ENG'YE  (eyyv?/),  bail  or  sureties,  were  in  very 
frequent  requisition,  both  in  the  private  and  public 
affairs  of  the  Athenians.  Private  agreements,  as, 
for  instance,  to  abide  by  the  decision  of  arbitrators,11 
or  that  the  evidence  resulting  from  the  application 
of  torture  to  a  slave  should  be  conclusive,19  were 
corroborated  by  the  parties  reciprocally  giving  each 

1.  (Animadv.  m  Salm.,  IV.,  «.,  10.)— 2.  (Herald.,  IV.,  ix.,  13. 
—Vid.  Schomann,  De  Com.,  175.— Att.  Proc,  239.)— 3.  (Juv., 
in.,  103.— Mart.,  iv.,  19;  xiv.,  126.)— 4.  (Juv.,  vi.,  246.)— 5. 
(Callim.,  Hymn,  in  Dian.,  16. — In  Delum,  238. — Pollux,  Onom., 
iii.,  155 ;  vii.,  93. — Brunck,  Anal.,  iii.,  206.)— 6.  (Demosth.,  c. 
Meid.,  540,  21.— Ulp.,  ad  toe—  Vid.  Aristoph.,  Nubes,  35.)— 7. 
(Athen.,  xiii.,  612,  c.)— 8.  (Demosth.,  c.  Euerg.,  1153.)— 9.  (Id., 
c.  Euerg.,  1149.)— IX  (Demosth.,  c.  Meid.,  518.— Hudfvalcker, 
Diaet.,  p.  132.)— 11.  (Demosth.,  c.  Apatur.,  892-899.)— 12.  (De- 
mosth., c.  Pantam.,  978,  11  > 
401 


other  sureties  ;  and  the  same  took  place  generally 
in  all  money-lending  or  mercantile  transactions, 
and  was  invariably  necessary  when  persons  under- 
took to  farm  tolls,  taxes,  or  other  public  property. 

In  judicial  matters,  bail  or  sureties  were  provided 
upon  two  occasions :  first,  when  it  was  requisite 
that  it  should  be  guarantied  that  the  accused  should 
be  forthcoming  at  the  trial;  and,  secondly,  when 
security  was  demanded  for  the  satisfaction  of  the 
award  of  the  court.  In  the  first  case,  bail  was  very 
generally  required  when  the  accused  was  other 
than  an  Athenian  citizen,  whether  the  action  were 
public  or  private ;  but  if  of  that  privileged  class, 
upon  no  other  occasion  except  when  proceeded 
against  by  way  of  Apagoge,  Endeixis,  Ephegesis,  oi 
Eisangelia.  Upon  the  last-mentioned  form  being 
adopted  in  a  case  of  high  treason,  bail  was  not  ac- 
cepted. The  technical  word  for  requiring  bail  of 
an  accused  person  is  icareyyvdv,  that  for  becoming 
surety  in  such  case,  k&yyvacdai.  Surety  of  the 
other  kind  was  demanded  at  the  beginning  of  a  suit 
upon  two  occasions  only  :  first,  when  a  citizen  as- 
serted the  freedom  of  a  person  detained  in  slavery 
by  another;  and,  secondly,  when  a  litigant,  who 
had  suffered  judgment  to  go  by  default  before  the 
arbitrator  (diairnrr/c),  had  recommenced  his  action 
within  the  given  time  (p:r]  ovaa  dUr]).  After  the 
judgment,  security  of  this  kind  was  required,  in  all 
mercantile  and  some  other  private  causes  ;  and 
state  debtors,  who  had  been  sentenced  to  remain  in 
prison  till  they  had  acquitted  themselves  of  their 
liabilities,  were,  by  a  law  of  Timocrates,1  allowed 
to  go  at  large  if  they  could  provide  three  sureties 
that  the  money  should  be  paid  within  a  limited  pe- 
riod. If  the  principal  in  a  contract  made  default, 
the  surety  was  bound  to  make  it  good,  or,  if  he  re- 
fused to  do  so,  might  be  attacked  by  an  hyyvris  ditcri, 
if  such  action  were  brought  within  a  twelvemonth 
after  the  obligation  was  undertaken.2  If,  however, 
a  person  accused  in  a  public  action  by  one  of  the 
forms  above  mentioned  failed  to  appear  to  take  his 
trial,  his  bail  became  liable  to  any  punishment  that, 
such  person  had  incurred  by  contempt  of  court ; 
and,  consistently  with  this,  it  appears,  from  a  pas- 
sage in  Xenophon,3  that  the  law  allowed  the  bail 
to  secure  the  person  of  the  accused  by  private  con- 
finement.* 

EITYH2  AIKH.     (Vid.  Engye.) 

*EN'HYDRUS  (hvdpog),  in  all  probability  the 
Otter,  or  Lutra  vulgaris.  "Schneider  makes  the 
evvSpig  of  Aristotle  to  be  the  same.  Schneider  and 
Gesner  agree  that  the  Auraf  of  the  same  Greek 
writer  must  have  been  the  same  as  the  ewSpoc,  al- 
though he  wishes  to  distinguish  them  from  one  an- 
other."5 That  the  Mustela  Lutra  is  the  hvv6piq  ap- 
pears evident  from  the  Mosaic  of  Praeneste,  accord- 
ing to  Sibthorp.  One  of  the  Romaic  names  of  the 
Otter,  ftidpa,  is  very  similar  to  the  Polish  Wydra* 

ENOI'KIOT  AIKH  (hotKiov  d'lKtj).  An  action 
brought  (like  our  trespass  for  mesne  profits  after  a 
successful  action  of  ejectment)  to  recover  the  rents 
withheld  from  the  owner  during  the  period  of  his 
being  kept  out  of  possession.  If  the  property  re- 
covered were  not  a  house,  but  land  (in  the  more 
confined  sense  of  the  word),  the  action  for  rents 
and  profits  was  called  nap-nov  Siktj.  It  seems,  from 
the  language  of  the  grammarians,  that  these  actions 
could  be  brought  to  try  the  title  to  the  estate,  as 
well  as  for  the  above-mentioned  purpose.  Perhaps 
both  the  tenement  and  the  intermediate  profits 
might  be  recovered  by  one  suit,  but  the  proceeding 
would  be  more  hazardous,  because  a  failure  in  one 


1.  (Demosth.,  c.  Timocr.,  712-716. )--2.  (Demosth.,  c.  Apa- 
tur., 901,  10.)— 3.  (Hel.,  i.,  7,  $  39.)~4.  (Meier,  Att.  Process 
515.) — 5.  (Aristot.,  H.  A.,  viii.,  7. — Adams,  Append.,  s.  v.) — f 
(Walpole's  Memoirs,  vol.  i  ,  p.  267.^ 


ENTASIS. 


EPARITOI. 


part  of  the  demand  would  involve  the  loss  of  the 
whole  cause.  Thus  the  title  of  a  party  to  the  land 
itself  might  have  expired,  as,  for  instance,  where  he 
held  under  a  lease  for  a  term  ;  yet  he  would  be  en- 
titled to  recover  certain  by-gone  profits  from  one 
who  had  dispossessed  him.  Therefore  it  is  not  im- 
probable that  the  dtnat  iv.  and*  nap.  might,  in  prac- 
tice, be  confined  to  those  cases  where  the  rents  and 
profits  only  were  the  subject  of  claim.  We  are 
told  that  if  the  defendant,  after  a  judgment  in  one 
of  these  actions,  still  refused  to  give  satisfaction,  an 
ovolac  6Utj  might  be  commenced  against  him,  of 
which  the  effect  was,  that  the  plaintiff  obtained  a 
right  to  indemnify  himself  out  of  the  whole  property 
of  the  defendant.  Schdmann  observes  that  this 
was  a  circuitous  proceeding,  when  the  plaintiff 
might  take  immediate  steps  to  execution  by  means 
of  entry  and  ejectment.  His  conjecture,  however, 
that  the  ovolac  61ktj  was  in  ancient  times  an  impor- 
tant advantage,  when  real  property  could  not  in  the 
first  instance  be  taken  in  execution,  is  probably 
not  far  from  the  truth,  and  is  supported  by  analogy 
**)  the  laws  of  other  nations,  .which,  being  (in  the  in- 
fancy of  civilization)  framed  by  the  landowners 
only,  hear  marks  of  a  watchful  jealousy  of  any  en- 
croachment upon  their  rights.  He  remarks,  also, 
that  the  giving  to  the  party  the  choice  between  a 
milder  and  a  more  stringent  remedy,  accords  wTith 
the  general  tenour  and  spirit  of  the  Athenian  laws. 
We  may  add  that  our  own  law  furnishes  an  illus- 
tration of  this,  viz.,  where  a  plaintiff  has  obtained 
a  judgment,  he  has  the  option  of  proceeding  at  once 
to  execution,  or  bringing  an  action  on  the  judg- 
ment ;  though  with  us  the  latter  measure  is  consid- 
ered the  more  vexatious,  as  it  increases  the  costs, 
and  is  rendered  less  necessary  by  the  facility  with 
which  executions  can  be  levied.  At  Athens  the 
Hjov?,r/c  6iu7j,  as  it  was  the  ultimate  and  most  effica- 
cious remedy,  drew  with  it  also  more  penal  conse- 
quences, as  explained  under  Embateia.1 

ENOMOTIA.     (Vid.  Army,  Greek,  p.  98,  100.) 

ENSIS.     (Vid.  Gladius.) 

ENTASIS  (ev-acic).  The  most  ancient  col- 
umns now  existing  are  remarkable  for  the  extreme 
diminution  of  the  shaft  between  its  lower  and  upper 
extremity,  the  sides  of  which,  like  those  of  an  obe- 
lisk, converge  immediately  and  regularly  from  the 
base  to  the  neck  between  two  even  lines ;  a  mode 
of  construction  which  is  wanting  in  grace  and  ap- 
parent solidity.  To  correct  this,  a  swelling  line, 
called  entasis,2  was  given  to  the  shaft,  which  seems 


to  have  been  the  first  step  towards  combining  grace 
and  grandeur  in  the  Doric  column. 

The  original  form  is  represented  by  the  figure  on 
the  left  in  the  preceding  woodcut,  which  is  taken 
from  the  great  temple  at  Posiddnia  (Paestum),  which 
is  one  of  the  most  ancient  temples  now  remaining ; 
that  on  the  right  shows  the  entasis,  and  is  from  a 
building  of  rather  later  construction  in  the  same 
city.  Two  other  examples  of  the  same  style  are 
still  to  be  seen  in  Italy,  one  belonging  to  an  ancient 
temple  at  Alba  Fucinensis,1  and  the  other  at  Rome, 
on  the  sepulchre  of  C.  Publicius.3 

*EN'TOMA  (hro/xa),  INSECTA,  INSECTS 
"  Aristotle  and  Pliny  used  the  terms  hrofza  and  in- 
secta  respectively  in  the  same  sense  in  which  the 
latter  is  applied  by  Baron  Cuvier  and  the  naturalists 
of  the  present  day,  and  did  not  include  the  Crusta- 
cea in  this  class  of  animals,  as  was  done  by  Lin- 
naeus with  singular  want  of  judgment.  The  met- 
amorphosis of  insects  is  correctly  described  by  The- 
ophrastus,  ek  Ka/nrrjc  yap  xpvo~a?JJc,  elf  en  ravrnq  if 
ipvxv-  By  Kufnzij  is  evidently  meant  here  the  Larva 
or  Eruca,  L.,  and  by  xPvca^'LC,  the  Chrysalis  or 
Pupa,  L.  :  the  ipvxn  is  the  Imago,  L."3 

EPANGELTA  (enayye?ua).  If  a  citizen  of  Ath- 
ens had  incurred  urip-ia,  the  privilege  of  taking  part 
or  speaking  in  the  public  assembly  was  forfeited. 
(Vid.  Atimia.)  But  as  it  sometimes  might  happen 
that  a  person,  though  not  formally  declared  urifioc, 
had  committed  such  crimes  as  would,  on  accusa- 
tion, draw  upon  him  this  punishment,  it  was,  of 
course,  desirable  that  such  individuals,  like  real 
uTifioi,  should  be  excluded  from  the  exercise  of  the 
rights  of  citizens.  Whenever,  therefore,  such  a 
person  ventured  to  speak  in  the  assembly,  any 
Athenian  citizen  had  the  right  to  come  forward  in 
the  assembly  itself,*  and  demand  of  him  to  estab- 
lish his  right  to  speak  by  a  trial  or  examination  of 
his  conduct  (doKi/j,aola  tov  (3iov),  and  this  demand, 
denouncement,  or  threat,  was  called  k-nayye/da,  or 
ETrayye?aa  doKtjiaoiac.  The  impeached  individual 
was  then  compelled  to  desist  from  speaking,  and  to 
submit  to  a  scrutiny  into  his  conduct,5  and  if  he 
was  convicted,  a  formal  declaration  of  ari\da  fol- 
lowed. 

Some  writers  have  confounded  the  eirayye/ua 
with  doKijiaoia,  and  considered  the  two  words  as 
synonymes ;  but  from  the  statements  made  above,  it 
is  evident  that  the  donijiaoia  is  the  actual  trial,  while 
the  ETiayyE'kia  is  only  the  threat  to  subject  a  man  to 
the  doKifiaoia :  hence  the  expression  £Trayye?.?iEiv 
doKi/naciav.6  Other  writers,  such  as  Harpocration 
and  Suidas,  do  not  sufficiently  distinguish  between 
E7rayyE?ua  and  evSei^ic  :  the  latter  is  an  accusation 
against  persons  wrho,  though  they  had  been  declared 
urifioi,  nevertheless  venture  to  assume  the  rights 
of  citizens  in  the  public  assembly,  whereas  hcayy- 
£?Ja  applied  only  to  those  who  had  not  yet  been 
convicted  of  the  crime  laid  to  their  charge,  but  w7ere 
only  threatened  with  an  accusation  for  the  first 
time.7  Wachsmuth8  seems  to  be  inclined  to  con- 
sider the  pnTopLKTj  ypafyij  to  be  connected  or  identi- 
cal with  the  £7zayyE?ua ;  but  the  former,  according  to 
the  definitions  of  Photius  and  Suidas,  was  in  real- 
ity quite  a  different  thing,  inasmuch  as  it  was  in- 
tended to  prevent  orators  from  saying  or  doing  un- 
lawful things  in  the  assembly  where  they  had  a  right 
to  come  forward;  whereas  the  e-ayye/ua  was  a  de- 
nunciation, or  a  promise  to  prove  that  the  orato; 
had  no  right  at  all  to  speak  in  the  assembly. 

EP'ARITOI  (k-dpLTOL),  a  select  corps  of  Arca- 


1     (Meier,  At   Proc,  T^.)—  2.  (Vitruv.,  in'.,  2.) 


1.  (Piranesi,  Magnif.  de'  Rom.,  tav.  31,  fig.  C.)— 2.  (Ibid.,  hg 
7.)— 3.  (Adams,  Append.,  s.  v.) — 4.  (-flDschin.,  c.  Timarch.,  p. 
104.)— 5.  (Pollux,  Onom.,  >iii.,  43. — Suidas,  s.  v.  braYYt\ia.)-— 
6.  (Schomann,  Dc  Comit.,  p.  232,  note  8,  transl.) — 7.  (Meier, 
Att.  Proc.,  p.  210.— Schumann, De  Comit.,  p.  232,  note  7,  transl.) 
—8.  (Hellen.  Alter*  b..  i.,  1,  p.  294.) 

405 


EPHEBUS. 


EPHESIA 


man  troops,  who  appear  to  have  been  held  in  high 
estimation  by  their  countrymen.1 

EPAU'LIA.     (Vid.  Marriage,  Greek.) 

EPEUNACTAI  (eirevvaicTai)  were  a  class  of  cit- 
izens at  Sparta,  who  are  said  to  have  been  the  off- 
spring of  slaves  and  the  widows  of  Spartan  citi- 
zens. Theopompus  tells  us2  that  in  the  Messenian 
war,  in  consequence  of  the  great  losses  which  they 
sustained,  the  Spartans  married  the  widows  of  those 
who  were  slain  to  Helots,  and  that  these  Helots  were 
admitted  to  the  citizenship  under  the  name  of  knev- 
vanrai.  Diodorus3  also  calls  the  partisans  of  Pha- 
ianthus  kTzevvaKTat.     (Vid.  Partheniai.)* 

EPHEBETJM.     (Vid.  Gymnasium.) 

EPHE'BUS  (%6of)  was  the  name  of  Athenian 
vouths  after  they  had  attained  the  age  of  18.5 
The  state  of  k<j>rj6eia  lasted  for  two  years,  till  the 
young  men  had  attained  the  age  of  20,  when  they 
became  men,  and  were  admitted  to  share  all  the 
rights  and  duties  of  a  citizen,  for  which  the  law  did 
not  prescribe  a  more  advanced  age.  That  the 
young  men,  when  they  became  e(j>7j6oi,  did  not  re- 
ceive all  the  privileges  of  full  citizens,  is  admitted 
on  all  hands  ;  but  from  the  assertion  of  Pollux  and 
Harpocration,  who  state  that  their  names  were  not 
entered  in  the  lexiarchic  registers  until  they  had 
completed  their  20th  year,  that  is  to  say,  until  they 
had  gone  through  the  period  of  k<j>7]6eia,  it  would 
seem  that  they  were  not  looked  upon  as  citizens  as 
long  as  they  were  HrjSoi,  and  that,  consequently, 
they  enjoyed  none  of  the  privileges  of  full  citizens. 
But  we  have  sufficient  ground  for  believing  that  the 
names  of  young  men,  at  the  time  they  became  etyrj- 
601,  were  entered  as  citizens  in  the  lexiarchic  regis- 
ters, for  Lycurgus6  uses  the  expressions  £<j>7]6ov 
yiyveadai  and  elr  to  2,rjgtapxtKov  ypajip-aretov  kyypd- 
(peadat  as  synonymous.  The  statement  of  Harpo- 
cration and  Photius  is  therefore  probably  nothing 
but  a  false  inference  from  the  fact,  that  young  men, 
before  the  completion  of  their  20th  year,  were  not 
allowed  to  take  an  active  part  in  the  public  assem- 
bly ;  or  it  may  be  that  it  arose  out  of  the  law  which, 
as  Schomann7  interprets  it,  prescribed  that  no  Athe- 
nian should  be  enrolled  in  the  lexiarchic  registers 
before  the  attainment  of  the  18th,  or  after  the 
completion  of  the  20th  year.  (Vid.  Docimasia.) 
From  the  oration  of  Demosthenes  against  Aphobus,8 
we  see  that  some  of  the  privileges  of  citizens  were 
conferred  upon  young  men  on  becoming  t6rj6oc : 
Demosthenes  himself,  at  the  age  of  18,  entered  upon 
his  patrimony,  and  brought  an  action  against  his 
guardians  ;  one  Mantitheus9  relates  that  he  mar- 
ried at  the  age  of  18 ;  and  these  facts  are  stated  in 
such  a  manner  that  we  must  infer  that  their  occur- 
rence had  nothing  extraordinary,  but  were  in  ac- 
cordance with  the  usual  custom. 

Before  a  youth  was  enrolled  among  the  ephebi, 
he  had  to  undergo  a  doKL/naaia,  U»e  object  of  which 
was  partly  to  ascertain  whether  he  was  the  son  of 
Athenian  citizens,  or  adopted  by  a  citizen,  and  part- 
ly whether  his  body  was  sufficiently  developed  and 
strong  to  undergo  the  duties  which  now  devolved 
upon  hiin.10  Schomann11  believes  that  this  dom/iavta 
only  applied  to  orphans,  but  Aristophanes  and  Plato 
mention  it  in  such  a  general  way,  that  there  seems 
to  be  no  ground  for  such  a  supposition.     After  the 

1.  (Xen.,  Hell.,  vii.,  4,  t)  22,  33,  34  ;  5,  $  3.— Mem.  de  1'Acad. 
des  Inscrip.,  xxxii.,  p.  234. — Hesych.,  s.  v.  'Eirapdrjroi  (read 
'EtdpiToi). — Clinton,  Fast.  Hell.,  ii.,  p.  419,  note  m. — Wach- 
i-nuth,  i.,  2,  p.  294.)— 2.  (Athen.,  vii.,  p.  271,  d.)—  3.  (Mai, 
£xc.  Vat.,  p.  10.)— 4.  (Thirlwall,  Hist,  of  Greece,  i.,  p.  353.— 
Miiller,  Dor.,  hi.,  3, I)  5.) — 5.  (Pollux,  Onom.,  viii.,  105. — Harpo- 
■irat.,  s.  v.  ^Eiridicres  '\\6i\oai.) — 6.  (c.  Leocrat.,  p.  189.) — 7. 
(De  Comit.,  p.  71,  transl.) — 8.  (p.  814,  &c — Compare  c.  One- 
tor.,  p.  868.)— 9.  (Demosth.,  c.  Bceot.  de  Dote,  p.  1009.)— 10. 
Aristo  >1».,  Vesp.,  533,  with  the  schol. — Demosth.,  c.  Onetor.,  p. 
8JS. — Xen.,  De  Rep.  Atli.,  c.  3,  t>  4.— Plato,  Crito,  p.  51,  with 
Stallbanra*a  note, p.  174.  Eu*.  transl.) — 11.  (1.  c.) 

400 


loKifiama,  tne  young  men  received  in  the  assembly 
a  shield  and  a  lance  ;x  but  those  whose  fathers  had 
fallen  in  the  defence  of  their  cour.try  received  a  com- 
plete suit  of  armour  in  the  theatre.3  It  seems  to 
have  been  on  this  occasion  that  the  I^tjSol  took  an 
oath  in  the  Temple  of  Artemis  Aglauros,3  by  wThich 
they  pledged  themselves  never  to  disgrace  their 
arms  or  to  desert  their  comrades ;  to  fight  to  the 
last  in  the  defence  of  their  country>  its  altars  and 
hearths ;  to  leave  their  country,  n(  t  in  a  worse,  but 
in  a  better  state  than  they  found  it .  to  obey  the 
magistrates  and  the  laws  ;  to  resist  all  attempts  to 
subvert  the  institutions  of  Attica,  and  finally  to  re- 
spect the  religion  of  their  forefathers.  This  solem- 
nity took  place  towards  the  close  of  the  year  (ev 
apxatpeaiaig),  and  the  festive  season  bore  the  name 
of  k(/>7}6ta.*  The  external  distinction  of  the  tyqSoi 
consisted  in  the  ^Aa/zvf  and  the  Tceraoos* 

During  the  two  years  of  the  efijfteia,  which  may 
be  considered  as  a  kind  of  apprenticeship  in  arms, 
and  in  which  the  young  men  prepared  themselves 
for  the  higher  duties  of  full  citizens,  they  were  gen- 
erally sent  into  the  country,  under  the  name  of  its 
piTroXoL,  to  keep  watch  in  the  towrns  and  fortresses, 
on  the  coast  and  frontier,  and  to  perform  other  du 
ties  which  might  be  necessary  for  the  protection 'of 
Attica.6 

EPHEGE'SIS  (fyfiyyou;)  denotes  the  method  of 
proceeding  against  such  criminals  as  were  liable  to 
be  summarily  arrested  by  a  private  citizen  (vid. 
Apagoge)  when  the  prosecutor  was  unwilling  to 
expose  himself  to  personal  risk  in  apprehending  the 
offender.7  Under  these  circumstances,  he  made  an 
application  to  the  proper  magistrate,  as,  for  instance, 
to  one  of  the  Eleven,  if  it  were  a  case  of  burglary  or 
robbery  attended  with  murder,9  and  conducted  him 
and  his  officers  to  the  spot  where  the  capture  was 
to  be  effected.  With  respect  to  the  forms  and  other 
incidents  of  the  ensuing  trial,  we  have  no  informa- 
tion ;  in  all  probability  they  differed  but  little,  if  at 
all,  from  those  of  an  apagoge.9 

*EPHE'MERON  (epv/iepov),  I.  a  plant,  the  same 
with  the  Colchicum  autumnale,  or  Meadow  Saffron. 
Such,  at  least,  is  the  kfyrjfiepov  of  Theophrastus10  and 
Nicander.11  "  Dioscorides12  also  gives  it  as  one  of 
the  synonymes  of  his  ko2-x^ov.  But  in  the  follow- 
ing chapter  he  describes  the  properties  of  another 
koTjfiepov,  which  it  is  more  difficult  to  determine. 
Sprengel  inclines  to  the  Convallaria  verticillata."13 

*II.  The  Ephemera,  L.,  or  May-fly.  "  The  name 
of  Ephemera  has  been  given  to  the  insects  so  called, 
in  consequence  of  the  short  duration  of  their  lives, 
when  they  have  acquired  their  final  form.  There 
are  some  of  them  which  never  see  the  sun  ;  they 
are  born  after  he  is  set,  and  die  before  he  reappears 
on  the  horizon."1* 

EPHESTA  ('Electa),  a  great  panegyris  of  the  Io- 
nians  at  Ephesus,  the  ancient  capital  of  the  Ioniana 
in  Asia.  It  was  held  every  year,  and  had,  like  all 
panegyreis,  a  twofold  character,  that  of  a  bond  of 
political  union  among  the  Greeks  of  the  Ionian  race, 
and  that  of  a  common  worship  of  the  Ephesian  Ar- 
temis.15 The  Ephesia  continued  to  be  held  in  the 
time  of  Thucydides  and  Strabo,  and  the  former 
compares  it16  to  the  ancient  panegyris  of  Delos  (vid. 
Delia),  where  a  great  number  of  the  Ionians  a&- 

1.  (Aristot.,  ap.  Harpocrat.,  s.  v.  AoKipatria.) — 2.  (.flDschin.,  c. 
Ctes.,  p.  75,  ed.  Steph.— Plato,  Menex.,  p.  249,  with  Stallbaum's 
note.) — 3.  (Demosth.,  De  Fals.  Leg.,  438. — Pollux,  Onom.,  viii., 
106.)— 4.  (Isceus,  De  Apollod.,  c.  28. — Demosth.,  c.  Leochar.,  p. 
1092.)— 5.  (Hemsterhuis  ad  Polluc,  x.,  164.)— 6.  (Pollux,  Onom., 
viii.,  106. — Photius,  s.  v.  ThptTTo\og. — Plato,  De  Leg.,  vi.,  760,  c.) 
—7.  (Demosth.,  c.  Androt. .  p.  601 .)— 8.  (Meier,  Att.  Proc,  p.  76.) 
—9.  (Meier,  Att.  Proc,  p.  846.)— JO.  (H.P.,ix.,  16.;— 11.  (Alex., 
250.)— 12.  (iv.  84.)— 13.  (Adams,  Append.,  s.  v.)— 14.  (Griffith'* 
Cuvier,  xv.,  p.  313.) — 15.  (Dionys.  Hal.,  Antiq.  Rom.,  iv.,  p.  229, 
ed.  Sylburg. — Strabo,  xiv.,  1,  p.  174,  cd.  Tauchmtz  ) — 16.  (iii. 
104.) 


EPHETAE. 


EPH  PPIUM. 


sembled  with  Uieir  wives  and  children.  Respect- 
ing the  particulars  of  its  celebration,  we  only  know 
that  it  was  accompanied  with  murh  mirth  and  feast- 
ing, and  that  mystical  sacrifices  were  offered  to  the 
Ephesian  goddess.1  That  games  and  contests  form- 
ed, likewise,  a  chief  part  of  the  solemnities,  is  clear 
from  Hesychius,3  who  calls  the  Ephesia  an  dyuv 

From  the  manner  in  which  Thucydides  and  Stra- 
bo  speak  of  the  Ephesia,  it  seems  that  it  was  only 
a  panegyris  of  some  Ionians,  perhaps  of  those  who 
lived  in  Ephesus  itself  and  its  vicinity.  Thucydides 
seems  to  indicate  this  by  comparing  it  with  the  De- 
Iian  panegyris,  which  likewise  consisted  only  of  the 
Ionians  of  the  islands  near  Delos  ;  and  Strabo,  who 
calls  the  great  national  panegyris  of  all  the  Ionians 
in  the  Panionium  the  kolvtj  Ttavrjyvpi.g  t&v  'luvov, 
applies  to  the  Ephesia  simply  the  name  iravnyvpig. 
It  may,  however,  have  existed  ever  since  the  time 
when  Ephesus  was  the  head  of  the  Ionian  colonies 
in  Asia. 

EPH'ESIS.     (Vid.  Appellatio,  Greek.) 

EPHESTRIS  (Uearplg)  was  a  name  applied  to 
any  outer  garment,  and  is  used  as  equivalent  to  the 
ifidriov  and  chlamys.* 

EPH'ETAECE^raO.  The  judges  so  called  at 
Athens  were  fifty-one  in  number,  selected  from  no- 
ble families  (aptorlvdnv  alpedtvreg),  and  more  than 
fifty  years  of  age.  They  formed  a  tribunal  of  great 
antiquity,  so  much  so,  indeed,  that  Pollux5  ascribed 
their  institution  to  Draco  ;  moreover,  if  we  can  de- 
pend upon  the  authority  of  Plutarch,6  one  of  Solon's 
laws  (utjovec)  speaks  of  the  courts  of  the  Ephetae 
and  Areiopagus  as  coexistent  before  the  time  of 
that  legislator.  Again,  as  we  are  told  by  Pollux,7 
the  Ephetae  formerly  sat  in  one  or  other  of  five 
courts,  according  to  the  nature  of  the  causes  they 
had  to  try.  In  historical  times,  however,  they  sat 
in  four  only,  called,  respectively,  the  court  by  the 
Palladium  (rd  etti  UaXkadiu),  by  the  Delphinium  (to 
etti  Aefyiviu),  by  the  Prytaneium  (rd  etti  HpvTaveiu), 
and  the  court  at  Phreatto  or  Zea  (to  ev  6peaTTols). 
At  the  first  of  these  courts  they  tried  cases  of  unin- 
tentional, at  the  second  of  intentional,  but  justifia- 
ble homicide,  such  as  slaying  another  in  self-de- 
fence, taking  the  life  of  an  adulterer,  killing  a  tyrant 
or  a  nightly  robber.9  At  the  Prytaneium,  by  a 
strange  custom,  somewhat  analogous  to  the  impo- 
sition of  a  deodand,  they  passed  sentence  upon  the 
instrument  of  murder  when  the  perpetrator  of  the 
act  was  not  known.  In  the  court  at  Phreatto,  on 
the  seashore  at  the  Peiraeus,  they  tried  such  per- 
sons as  were  charged  with  wilful  murder  during 
a  temporary  exile  for  unintentional  homicide.  In 
2ases  of  this  sort,  a  defendant  pleaded  his  cause  on 
board  ship  (Tfjg  yijg  pyrj  uizTOfLEvog),  the  judges  sitting 
close  by  him  on  shore.10  Now  we  know  that  the 
jurisdiction  in  cases  of  wilful  murder  was,  by  So- 
lon's laws,  intrusted  to  the  court  of  the  Areiopagus, 
which  is  mentioned  by  Demosthenes11  in  connexion 
with  the  four  courts  in  which  the  Ephetae  sat. 
Moreover,  Draco,  in  his  Qeofioi,  spoke  of  the  Ephe- 
tct  only,  though  the  jurisdiction  of  the  Areiopagus  in 
cases  of  murder  is  admitted  to  have  been  of  great 
antiquity.  Hence  Muller1  a  conj ectures  that  the  court 
of  the  Areiopagus  was  anciently  included  in  the  five 
courts  of  the  Ephetae,  and  infers,  moreover,  the  ear- 
ly existence  of  a  senate  at  Athens,  resembling  the 
Gerousia  at  Sparta,  and  invested  with  the  jurisdic- 

1  (Strabo,  1  c.) — 2.  (s.  v./ — 3.  (Compare  Paus.,  vii.,  2,  I)  4. — 
Muller,  Dor.,  ii.,  9,  $  8.— B5ckh.,  Corp.  Inscript.,  ii.,  n.  2909.)— 
4.  (Xen.,  Symp.,  iv.,  38. — Lucian,  Dial.  Meretr.,  9,  vol.  iii.,  p. 
301,  ed.  Reitz.— Dial.  Mort.,  10,  t>  4,  vol.  i.,  p.  366.— Contempl., 
14,  p.  509.— Becker,  Charikles,  ii.,  p.  358.)— 5.  (viii.,  125.)— 6. 
(Solon.,  c.  19J— 7.  (Pollux,  Onom.,  1.  c.)— 8.  (Wachsmuth,  II., 
i.,  p.  321  )— 9.  (Plato,  Leg.,  ix.,  p.  874.)— 10.  (Demosth.,  c.  Aris- 
tocr  ,  p  644.)— 11.  (1.  c.)— 12.  (Eumenid.,  0  65.) 


tion  in  cases  cf  hoimcide.1  The  name  of  'E-iirv 
given  to  the  membeis  of  this  council  was,  as  he 
conceives,  rather  derived  from  their  granting  a  li- 
cense to  avenge  blood  (ol  ttiiaat  ru  uv6po<j>6v(ft  tov 
avSprjldrnv)  than  from  their  being  appealed  to,  or 
from  the  transfer  to  them  of  a  jurisdiction  which, 
before  the  time  of  Dracc,  had  belonged  to  the  kings.' 
If  this  hypothesis  be  true,  it  becomes  a  question, 
Why  and  when  was  this  separation  of  the  courts 
made  1  On  this  subject  Muller  adds,  that  when 
an  act  of  homicide  was  not  punished  by  death  or 
perpetual  banishment,  the  perpetrator  had  to  re- 
ceive expiation.  (Vid.  Banishment,  Greek.)  Now 
the  atonement  for  blood,  and  the  purification  of  a 
shedder  of  blood,  came  under  the  sacred  law  of 
Athens,  the  knowledge  of  which  was  confined  to 
the  old  nobility,  even  after  they  had  lost  their  polit- 
ical power.  (Vid.  Exegetai.)  Consequently,  the 
administration  of  the  rites  of  expiation  could  not  be 
taken  away  from  them,  and  none  but  an  aristocrat- 
ical  court  like  that  of  the  Ephetae  would  be  compe- 
tent to  grant  permission  of  expiation  for  homicide, 
and  to  preside  over  the  ceremonies  connected  with 
it.  Accordingly,  that  court  retained  the  right  of  de- 
cision in  actions  for  manslaughter,  in  whicli  a  tem- 
porary flight  was  followed  by  expiation,  and  also  in 
cases  of  justifiable  homicide,  whether  from  the  sim- 
ilarity of  the  latter  (as  regards  the  guilt  of  the  per- 
petrator) to  acts  of  accidental  homicide,  or  as  re- 
quiring a  like  expiation.3  For  acts  of  wilful  mur- 
der, on  the  other  hand,  the  punishment  was  either 
death  or  uetcbvyla,  and,  therefore,  no  expiation  (ku- 
dapaig)  was  connected  with  the  administration  of 
justice  in  such  cases,  so  that  there  could  be  no  ob- 
jection against  their  being  tried  by  the  court  of  the 
Areiopagus,  though  its  members  did  not  of  necessity 
belong  to  the  old  aristocracy. 

Such,  briefly,  are  the  reasons  which  Muller  alle- 
ges in  support  of  this  hypothesis ;  and  if  they  are 
valid  there  can  be  little  doubt  that  the  separation 
alluded  to  was  effected  when  the  Athenian  nobility 
lost  their  supremacy  in  the  state,  and  a  timocracy 
or  aristocracy  of  wealth  was  substituted  for  an  ar- 
istocracy of  birth.  This,  as  is  well  known,  happen- 
ed in  the  time  of  Solon. 

Lastly,  we  may  remark,  that  the  comparatively 
unimportant  and  antiquated  duties  of  the  Ephetae 
sufficiently  explain  the  statement  in  Pollux,*  that 
their  court  gradually  lost  all  respect,  and  became  at 
last  an  object  of  ridicule. 

EPHI'PPIUM  (acTpddn,  ktyiirxiov,  ey'nnreiov ),  a 
Saddle.  Although  the  Greeks  occasionally  rode 
without  any  saddle  (tnl  iptXov  ltcttov5),  yet  they  com- 
monly used  one,  and  from  them  the  name,  together 
with  the  thing,  was  borrowed  by  the  Romans.6  It 
has,  indeed,  been  asserted,  that  the  use  of  saddles 
was  unknown  until  the  fourth  century  of  our  era. 
But  Ginzrot,  in  his  valuable  work  on  the  history  of 
carriages,7  has  shown,  both  from  the  general  prac- 
tice of  the  Egyptians  and  other  Oriental  nations, 
from  the  pictures  preserved  on  the  walls  of  houses 
at  Herculaneum,  and  from  the  expressions  employ- 
ed by  J.  Caesar  and  other  authors,  that  the  term 
"ephippium"  denoted  not  a  mere  horsecloth,  a  skin, 
or  a  flexible  covering  of  any  kind,  but  a  saddle-tree, 
or  frame  of  wood,  which,  after  being  filled  with  a 
stuffing  of  wool  or  cloth,  was  covered  with  softer 
materials,  and  fastened  by  means  of  a  girth  [ungu- 
ium, zona)  upon  the  back  of  the  animal.  The  an- 
cient saddles  appear,  indeed,  to  have  been  thus  far 
different  from  ours,  that  the  cover  stretched  upon 
the  hard  frame  was  probably  of  stuffed  or  padded 

1.  (Thirlwall,  Hist,  of  Greece,  ii.,  p.  41.)— 2.  (Pollux,  1.  e.)— 
3.  (Plato,  Leg.,  ix.,  p.  864  and  875.)— 4.  (1.  c.)— 5.  (Xen.,  De  Rt 
Equest..,  vii.,  5.)— 6.  (Varro,  De  Re  Rust.,  ii.,  7.— Cxsai,  B.  G.. 
iv.,  2. -Hor.,  Epist.,  i  ,  J  I,  43— Gellius,  v.,  5.)— 7.  (vol  ii  ,  « 
26.) 

407 


EPHORI. 


EPHORI. 


5loth  rather  than  leather,  and  that  the  saddle  was, 
as  it  were,  a  cushion  fitted  to  the  horse's  back. 
Pendent  cloths  (arpuftara,  strata)  were  always  at- 
tached to  it,  so  as  to  cover  the  sides  of  the  animal; 
but  it  was  not  provided  with  stirrups.  As  a  substi- 
tute for  the  use  of  stirrups,  the  horses,  more  partic- 
ularly in  Spain,  were  taught  to  kneel  at  the  word  of 
command,  when  their  riders  wished  to  mount  them. 
( Vid.  the  annexed  figure  from  an  antique  lamp  found 
at  Herculaneum,  and  compare  Strabo,  III.,  i.,  p.  436, 
«d   Sieb.  ;  and  Silius  Italicus,  x.f  465.) 


The  cloths,  which  were  either  spread  over  the 
isaddle  or  hung  from  it  on  each  side,  were  often 
dyed  with  different  colours  ("  Jam  purpura  vestiat 
armos  ;m  ephippia  fucata*),  and  were  sometimes 
rendered  still  more  ornamental  by  the  addition  of 
fringes. 

The  term  "  Ephippium"  was  in  later  times  in 
part  supplanted  by  the  word  "  sella,"  and  the  more 
specific  expression  "  sella  equestris." 

EPHORI  CE(j>opoi).  Magistrates  called  '~E<j>opoi 
or  overseers  were  common  to  many  Dorian  consti- 
tutions in  times  of  remote  antiquity.  Cyrene  and 
the  mother  state  of  Thera  may  be  mentioned  as  ex- 
amples :  the  latter  colonized  from  Laconia  in  early 
ages,  and  where,  as  we  are  told,  the  ephors  were 
Enuvvftoi,  i.  e.,  gave  their  name  to  their  year  of  of- 
fice.8 The  ephoralty  at  Sparta  is  classed  by  Herod- 
otus* among  the  institutions  of  Lycurgus.  Since, 
however,  the  ephori  are  not  mentioned  in  the  oracle 
which  contains  a  general  outline  of  the  constitution 
ascribed  to  him,6  we  may  infer  that  no  new  powers 
were  given  to  them  by  that  legislator,  or  in  the  age 
of  which  he  may  be  considered  the  representative. 
Another  account  refers  the  institution  of  the  Spar- 
tan ephoralty  to  Theopompus  (B.C.  770-720),  who 
is  said  to  have  founded  this  office  with  a  view  of 
limiting  the  authority  of  the  kings,  and  to  have  jus- 
tified the  innovation  by  remarking  that  "he  handed 
down  the  royal  power  to  his  descendants  more  du- 
rable, because  he  had  diminished  it."6  The  incon- 
sistency of  these  accounts  is  still  farther  complica- 
ted by  a  speech  of  Cleomenes  the  Third,  who7  is 
represented  to  have  stated  that  the  ephors  were 

1.  (Claud.,  Epigr.,  x.,  30.)— 2.  (A put.,  De  Deo  Socr.)— 3. 
(Heracl.  P>nt.,  4.)— 4.  (i.,  65.)— 5.  (Plutarch,  Lycurg.,  6.)— 6. 
(Aristo-.,  Polit.,  v.,  9.)— 7.  (Plutarch.  Cleom,,  10.) 
408 


originally  appointed  by  the  kings,  to  act  for  them  in 
a  judicial  capacity  (npbg  to  Kpiveiv)  during  their  ab- 
sence from  Sparta  in  the  first  Messenian  war,  and 
that  it  was  only  by  gradual  usurpations  that  these 
new  magistrates  had  made  themselves  paramount 
even  over  the  kings  themselves.  Now,  according 
to  some  authorities,1  Polydorus,  the  colleague  of 
Theopompus,  and  one  of  the  kings  under  whom  the 
first  Messenian  war  (B.C.  743-723)  was  completed, 
appropriated  a  part  of  the  conquered  Messenian  ter- 
ritory to  the  augmentation  of  the  number  of  portic  ns 
of  land  possessed  by  the  Spartans — an  augmenta- 
tion which  implies  an  increase  in  the  number  of 
Spartan  citizens.  But  the  ephors,  as  we  shall  see 
hereafter,  were  the  representatives  of  the  whole  na- 
tion ;  and,  therefore,  if  in  the  reign  of  Theopompus 
the  franchise  at  Sparta  was  extended  to  a  new  class 
of  citizens,  who,  nevertheless,  were  not  placed  on 
an  equality  with  the  old  ones  (viro/xeioveg),  the  eph- 
ors would  thenceforward  stand  in  a  new  position 
wiih  respect  to  the  kings,  and  the  councillors  (ol 
yepovreg)  who  were  elected  from  the  higher  class. 
Moreover,  it  is  not  improbable  that,  during  the  ab- 
sence of  the  kings,  the  ephors  usurped,  or  had  con- 
ferred upon  them,  powers  which  did  not  originally 
belong  to  them ;  so  that,  from  both  these  causes, 
their  authority  may  have  been  so  far  altered  as  to 
lead  to  the  opinion  that  the  creation  of  the  office, 
and  not  merely  an  extension  of  its  powers,  took 
place  during  the  reign  of  Theopompus.  Again,  as 
Mr.  Thirlwall  observes,  "  if  the  extension  of  the 
ephoralty  was  connected  with  the  admission  of  an 
inferior  class  of  citizens  to  the  franchise,  the  com- 
parison which  Cicero2  draws  between  the  ephoralty 
and  the  Roman  tribunate  would  be  more  applicable 
than  he  himself  suspected,  and  would  throw  a  light 
on  the  seeming  contradiction  of  the  ephors  being 
all-powTerful,  though  the  class  which  they  more 
especially  represented  enjoyed  only  a  limited  fran- 
chise."3 But,  after  all,  the  various  accounts  which 
we  have  been  considering  merely  show  how  differ 
ent  were  the  opinions,  and  how  little  historical  the 
statements,  about  the  origin  of  the  ephoralty.4 

We  shall  therefore  proceed  to  investigate  the 
functions  and  authorities  of  the  ephors  in  historical 
times,  after  first  observing  that  their  office,  consid- 
ered as  a  counterpoise  to  the  kings  and  council, 
and  in  that  respect  peculiar  to  Sparta  alone  of  the 
Dorian  states,  would  have  been  altogether  incon- 
sistent with  the  constitution  of  Lycurgus,  and  that 
their  gradual  usurpations  and  encroachments  were 
facilitated  by  the  vague  and  indefinite  nature  of 
their  duties.  Their  number,  five,  appears  to  have 
been  always  the  same,  and  was  probably  connected 
with  the  five  divisions  of  the  town  of  Sparta,  name- 
ly, the  four  Ku/xai,  Limnae,  Mesoa,  Pitana,  Cynosu- 
ra,  and  the  TloMg,  or  city  properly  so  called,  around 
which  the  nfifiai  lay.5  They  were  elected  from  a  ad 
by  the  people  (ff  diravruv),  without  any  qualification 
of  age  or  property,  and  without  undergoing  any 
scrutiny  (ot  Tv^ovreg) ;  so  that,  as  Aristotle  re  • 
marks,6  the  dri/uog  enjoyed  through  them  a  partici 
pation  in  the  highest  magistracy  of  the  state.  The. 
precise  mode  of  their  election  is  not  known,  but 
Aristotle7  speaks  of  it  as  being  very  puerile;  and 
Plato8  describes  their  office  as  kyyvg  rf)g  K2.7jpuT?jg 
dwdficog,  words  which  may  apply  to  a  want  of  a 
directing  and  discriminating  principle  in  the  elect- 
ors, without  of  necessity  implying  an  election  by 
lot.  They  entered  upon  office  at  the  autumnal  sol- 
stice, and  the  first  in  rank  of  the  five  gave  his  name 


1.  (Thirlwall,  Hist,  of  Greece,  i.,  p.  353.) — 2.  (De  Leg.,  iii.,  7  ,• 
De  Rep.,  ii.,  33.)— 3.  (Hist,  of  Greece,  f.,  356.)— 4.  (Muller,  Do* 
rians,  iii.,  c.  7  ;  and  vid.  Clinton,  Fast  Hell.,  i„  Appendix  6.)— > 
5.  (Philolog.  Museum,  ii.,  p.  52)— 6-  'Polit,vu  7.)— 7.  0.  c\ 
—8.  (Leg.,  iii.,  p;  692.) 


EPHORI. 


EPHOR1. 


to  the  year,  which  was  called  after  him  in  all  civil 
transactions.1  Their  meetings  were  held  in  the 
public  building  called  upxriov,  which  in  some  re- 
spects resembled  the  Prytaneium  at  Athens,  as  be- 
ing the  place  where  foreigners  and  ambassadors 
were  entertained,  and  where,  moreover,  the  ephors 
took  their  meals  together.3 

The  ephors  also  possessed  judicial  authority,  on 
which  subject  Aristotle3  remarks  that  they  decided 
in  civil  suits  (dinai  tuv  cvp.to'kaiuv),  and  generally 
in  actions  of  great  importance  (uploeuv  [ieyaXuv  kv- 
piui*) :  whereas  the  council  presided  over  capital 
crimes  (6tKat  povmai).  In  this  arrangement  we  see 
an  exemplification  of  a  practice  common  to  many 
of  the  ancient  Greek  states,  according  to  which  a 
criminal  jurisdiction  was  given  to  courts  of  aristo- 
cratic composition,  while  civil  actions  were  decided 
by  popular  tribunals.  (Compare  Ephetae  and  Arei- 
opa«*us.)  But  with  this  civil  jurisdiction  was  uni- 
ted a  censorial  authority,  such  as  was  possessed  by 
the  ephors  at  Cyrene  :  for  example,  the  ephors  pun- 
ished a  man  for  having  brought  money  into  the 
state,5  and  others  for  indolence.6  We  are  told,  also, 
that  they  inspected  the  clothing  and  the  bedding  of 
the  young  men.7  Moreover,  something  like  a  su- 
perintendence over  the  laws  and  their  execution  is 
implied  in  the  language  of  the  edict,  which  they 
published  on  entering  upon  their  office,  ordering  the 
citizens  "  to  shave  the  upper  lip  ([ivoTana),  i.  e.,  to 
be  submissive,  and  to  obey  the  laws."  Now  the 
symbolical  and  archaic  character  of  this  expression 
seems  to  prove  that  the  ephors  exercised  such  a 
general  superintendence  from  very  early  times,  and 
there  car  be  no  doubt  "  that,  in  the  hands  of  able 
men,  it  would  alone  prove  an  instrument  of  unlim- 
ited power  "8 

Their  jurisdiction  and  power  were  still  farther  in- 
creased by  the  privilege  of  instituting  scrutinies  (ev- 
G-wai)  into  the  conduct  of  all  the  magistrates,  on 
which  Aristotle9  observes  that  it  was  a  very  great 
gift  to  the  ephoralty  (tovto  de  ry  ktyopeia  p.iya  Xiav 
to  dupov).  Nor  were  they  obliged  to  wait  till  a 
magistrate  had  completed  his  term  of  office,  since, 
even  before  its  termination,  they  might  exercise  the 
privilege  of  deposition.10  Even  the  kings  themselves 
could  be  brought  before  their  tribunal  (as  Cleom- 
enes  was  for  bribery,  dupodoida11),  though  they  were 
nut  obliged  to  answer  a  summons  to  appear  there 
till  it  had  been  repeated  three  times.13  In  extreme 
cases,  the  ephors  were  also  competent  to  lay  an  ac- 
cusation against  the  kings  as  well  as  the  other  ma- 
gistrates, and  bring  them  to  a  capital  trial  before 
the  great  court  of  justice.13  If  they  sat  as  judges 
themselves,  they  were  only  able,  according  to  Miil- 
ler,  to  impose  a  fine,  and  compel  immediate  pay- 
ment ;  but  they  were  not  in  any  case,  great  as  was 
their  judicial  authority,  bound  by  a  written  code  of 
laws.14 

In  later  times  the  power  of  the  ephors  was  great- 
ly increased ;  and  this  increase  appears  to  have 
been  principally  owing  to  the  fact  that  they  put 
themselves  in  connexion  with  the  assembly  of  the 
people,  convened  its  meetings,  laid  measures  before 
it,  and  wrere  constituted  its  agents  and  representa- 
tives.15 When  this  connexion  arose  is  matter  of 
conjecture ;  some  refer  the  origin  of  it  to  Astero- 
pus,  one  of  the  first  ephors  to  whom  the  extension 
of  the  powers  of  the  ephoralty  is  ascribed,  and  who 
is  said  to  have  lived  many  years  after  the  time  of 
Theopompus,  probably  about  B.C.  560.     That  it  was 

1  (Miiller,  Dor.,  iii.,  7,  $  7.)— 2.  (Pausan.,  iii.,  11,  2.)— 3. 
(Polit.,  uij,  U— 4.  (Poht.,  ii.,  6.)— 5.  (Plut.,  Lysan.,  19.)— 6. 
iSchol.  iu  Tjiacyd.,  i.,  84.)— 7.  (Athenreus,  xii.,  550.)— 8.  (Thirl- 
waH,  Hist,  of  Greece,  i.,  355.)— 9.  (Polit.,  ii.,  6,  17.)— 10.  (Xen., 
De  Rep.  Lac,  viii.,  4.)— 11.  (Herod.,  vi.,  82.)— 12.  (Plut.,  Cle- 
om.,  10.)— 13.  (Xen.,  I.e.— Herod.,  vi.,85.)— 14.  (Axislot.,  Polit., 
ii.,  6,  16  }— IS.  (Miiller,  Dorians,  ii.,  125,  transi.) 
Ffp 


not  known  in  early  times  appears  from  the  en  cum 
stance  that  the  two  ordinances  of  the  oracle  at  Del- 
phi, which  regulated  the  assembly  Df  the  people, 
made  no  mention  of  the  functions  tf  the  ephors.1 
It  is  clear,  however,  that  the  power  which  such  a 
connexion  gave,  would,  more  than  anything  else, 
enable  them  to  encroach  on  the  royal  authority,  and 
make  themselves  virtually  supreme  in  the  state. 
Accordingly,  we  find  that  they  transacted  business 
with  foreign  ambassadors;2  dismissed  them  from 
the  state  ;3  decided  upon  the  government  of  de- 
pendant cities  ;4  subscribed  in  the  presence  of  other 
persons  to  treaties  of  peace  ;5  and  in  time  of  war 
sent  out  troops  when  they  thought  necessary.6  In 
all  these  capacities  the  ephors  acted  as  the  repre- 
sentatives of  the  nation  and  the  agents  of  the  pub 
lie  assembly,  being,  in  fact,  the  executive  of  tha 
state.  Their  authority  in  this  respect  is  farther  il- 
lustrated by  the  fact  that,  after  a  declaration  of  war, 
"  they  intrusted  the  army  to  the  king  or  some  other 
general,  who  received  from  them  instructions  how- 
to  act,  sent  back  to  them  for  fresh  instructions, 
were  restrained  by  them  through  the  attendance  en 
extraordinary  plenipotentiaries,  were  recalled  by 
means  of  the  scytale,  summoned  before  a  judicia. 
tribunal,  and  their  first  duty  after  return  wras  to  visit 
the  office  of  the  ephors."7  Another  striking  proof 
of  this  representative  character  is  given  by  Xeno- 
phon,8  who  informs  us  that  the  ephors,  acting  on 
behalf  of  the  state  (imep  7%  noleuc;),  received  from 
the  kings  every  month  an  oath,  by  which  the  latter 
bound  themselves  to  rule  according  to  law ;  and 
that,  in  return  for  this,  the  state  engaged,  through 
the  ephors,  to  maintain  unshaken  the  authority  of 
the  kings  if  they  adhered  to  their  oath. 

It  has  been  said  that  the  ephors  encroached  upon 
the  royal  authority  ;  in  course  of  time  the  kings  be- 
came completely  under  their  control.  For  example, 
they  fined  Agesilaus9  on  the  vague  charge  of  trying 
to  make  himself  popular,  and  interfered  even  with 
the  domestic  arrangements  of  other  kings;  more- 
over, as  we  are  told  by  Thucydides,10  they  could 
even  imprison  the  kings,  as  they  did  Pausanias. 
We  know,  also,  that  in  the  field  the  kings  were  fol- 
lowed by  two  ephors,  who  belonged  to  the  council 
of  war  ;  the  three  who  remained  at  home  received 
the  booty  in  charge,  and  paid  it  into  the  treasury, 
which  was  under  the  superintendence  of  the  whole 
College  of  Five.  But  the  ephors  had  still  another 
prerogative,  based  on  a  religious  foundation,  which 
enabled  them  to  effect  a  temporary  deposition  of  the 
kings.  Once  in  eight  years  (61'  krtiv  hvia),  as  we 
are  told,  they  chose  a  calm  and  cloudless  night  to 
observe  the  heavens,  and  if  there  was  any  appear- 
ance of  a  falling  meteor,  it  was  believed  to  be  a  sign 
that  the  gods  were  displeased  with  the  kings,  who 
were  accordingly  suspended  from  their  functions 
until  an  oracle  allowed  of  their  restoration.11  The 
outward  symbols  of  supreme  authority  also  were  as- 
sumed by  the  ephors,  and  they  alone  kept  their 
seats  while  the  kings  passed  ;  whereas  it  was  not 
considered  below  the  dignity  of  the  kings  to  rise  in 
honour  of  the  ephors.13 

The  position  which,  as  we  have  shown,  the  ephora 
occupied  at  Sparta,  will  explain  and  justify  the  state- 
ment of  Miiller,  "that  the  ephoralty  was  the  moving 
element,  the  principle  of  change  in  the  Spartan  con- 
stitution, and,  in  the  end,  the  cause  of  its  dissolu- 
tion." In  confirmation  of  this  opinion  we  may  cito 
the  authority  of  Aristotle,  who  observes,  that  from 
the  excessive  and  absolute  power  (ivoTvpavvoc)  of 

1.  (Thirlwall,  i.,  356.)— 2.  (Herod.,  ix.,  8.)— 3.  (Sen.,  Hell., 
ii.,  13,  19.)— 4.  (Xen.,  Hell.,  iii.,4,  2.)— 5.  (Thucyd.,  v.,  19,  24.» 
—6.  (Herod.,  ix.,  7,  10.)— 7.  (Miiller,  Dor.,  ii.,  127,  transl.)— 6 
(De  Repub.  Lacon.,  xv.)— 9.  (Plutarch,  Ages.,  2,  5.)— 10.  (»  , 
131.)— 11.  (Plut..  Agis,  11.)— 12.  (Xen.,  Repub.  L&coi .,  xv.) 

409 


EPIBATAE. 


EPICLERUS. 


the  ephors,  the  kings  were  obliged  to  court  them 
(drjfiayuyetv),  and  eventually  the  government  be- 
came a  democracy  instead  of  an  aristocracy.  Their 
relaxed  and  dissolute  mode  of  life  too  {dvetfiivrj  61- 
aira),  he  adds,  was  contrary  to  the  spirit  of  the  con- 
stitution ;  and  we  may  remark  that  it  was  one  of 
the  ephors,  Epitadeius,  who  first  carried  through 
the  law  permitting  a  free  inheritance  of  property  in 
contravention  of  the  regulation  of  Lycurgus,  by 
which  an  equal  share  in  the  common  territory  was 
secured  to  all  the  citizens. 

The  change,  indeed,  to  which  Aristotle  alludes, 
might  have  been  described  as  a  transition  from  an 
aristocracy  to  an  oligarchy  ;  for  we  find  that  in  la- 
ter times,  the  ephors,  instead  of  being  demagogues, 
invariably  supported  oligarchical  principles  and  priv- 
ileges.    The  case  of  Cinadon,  B.C.  399,  is  an  in- 
stance of  this ;  and  the  fact  is  apparently  so  incon- 
sistent with  their  being  representatives  of  the  whole 
community,  and  as  much  so  of  the  lower  {vizo/ieio- 
vse)  as  of  the  higher  {dfzotoi)  class  of  citizens,  that 
Wachsmuth1  supposes  the  <%*of,2  from  and  by  whom 
the  ephors  were  chosen,  to  mean  the  whole  body  of 
privileged  or  patrician  citizens  only,  the  most  emi- 
nent (nalol  Kayadoi)  of  whom  were  elected  to  serve 
as  ytpovrrc.     This  supposition  is  not  itself  improba- 
ble, and  would  go  far  to  explain  a  great  difficulty  ; 
but  any  analysis  of  the  arguments  that  may  be  urged 
for  and  against  it  is  precluded  by  our  limits.8    We 
shall,  therefore,  only  add,  that  the  ephors  became  at 
last  thoroughly  identified  with  all  opposition  to  the 
extension  of  popular  privileges. 

For  this  and  other  reasons,  when  Agis  and  Cle- 
omenes  undertook  to  restore  the  old  constitution,  it 
was  necessary  for  them  to  overthrow  the  ephoralty, 
and,  accordingly,  Cleomenes  murdered  the  ephors 
for  the  time  being,  and  abolished  the  office  (B.C. 
225) ;  it  was,  however,  restored  under  the  Romans. 
EPI'BATiE  (kiuS&TaC)  were  soldiers  or  marines 
appointed  to  defend  the  vessels  in  the  Athenian  na- 
vy, and  were  entirely  distinct  from  the  rowers,  and 
also  from  the  land  soldiers,  such  as  hoplitae,  peltasts, 
and  cavalry.*    It  appears  that  the  ordinary  number 
of  epibatae  on  board  a  trireme  was  ten.     Dr.  Arnold5 
remarks,  that  by  comparing  Thucyd.,  hi.,  95,  with 
c.  91,  94,  we  find  three  hundred  epibatae  as  the 
complement  of  thirty  ships ;  and  also,  by  comparing 
ii.,  92,  with  c.  102,  we  find  four  hundred  as  the  com- 
plement of  forty  ships  ;  and  the  same  proportion  re- 
sults from  a  comparison  of  iv.,  76,  with  c.  101.     In 
Thucydides,  vi.,  42,  we  find  seven  hundred  epibatae 
for  a  fleet  of  one  hundred  ships,  sixty  of  which  were 
equipped  in  the  ordinary  way,  and  forty  had  troops 
on  board.     In  consequence  of  the  number  of  heavy- 
armed  men  e/c  tov  Karahoyov  on  the  expedition,  the 
Athenians  appear  to  have  reduced  the  number  of 
regular  epibatae  from  ten  to  seven.     The  number  of 
forty  epibatae  to  a  ship,  mentioned  by  Herodotus,6 
Dr.  Arnold  justly  remarks,7  "belongs  to  the  earlier 
state  of  Greek  naval  tactics,  when  victory  depended 
more  on  the  number  and  prowess  of  the  soldiers  on 
board  than  on  the  manoeuvres  of  the  seamen  ;8  and 
it  was  in  this  very  point  that  the  Athenians  impro- 
ved the  system,  by  decreasing  the  number  of  eiu6a- 
rat,  and  relying  on  the  more  skilful  management  of 
their  vessels." 

The  epibatae  were  usually  taken  from  the  Thetes, 
or  fourth  class  of  Athenian  citizens  ;9  but  on  one 
occasion,  in -a  season  of  extraordinary  danger,  the 
citizens  of  the  higher  classes  (e/c  Karakoyov)  were 
compelled  to  serve  as  epibatae.10 


1.  (i.,  2,  p.  214.)— 2.  (Arist.,  ii,6.)  — 3.  (Vid.  Thirlwall,  iv., 
377.)  — 4.  (Xen.,  Hell.,  i.,  2,  $  7  ;  v.,  1,  $  1 1 .  —  Harpocrat.  and 
Hesych.,  s.  v.)— 5.  (ad  Thucyd.,  iii.,  95.)  —  6.  (vi.,  15.)  —  7.  (1. 
c.)— 8.  (Thucyd.,  i.,  49.)— 9.  (Thucyd.,  vi.,  42.)— 10.  (Thucyd., 
xiii.,  24.) 

410 


The  term  is  sometimes,  also,  applied  by  the  Roma* 
writers  to  the  marines,1  but  they  are  more  usually 
called  classiarii  milites.     The  latter  term,  however, 
is  also  applied  to  the  rowers  or  sailors  as  well  aa 
the  marines  (classiariorum  remigio  vehv1). 
EPIBLE'MA.     {Vid.  Amictus.) 
EPIB'OLE  (km6o?i7J),  a  fine  imposed  by  a  magis- 
trate, or  other  official  person  or  body,  for  a  misde- 
meanour.    The  various  magistrates  at  Athens  had 
(each  in  his  own  department)  a  summary  penal  ju- 
risdiction ;  i.  e.,  for  certain  offences  they  might 
inflict  a  pecuniary  mulct  or  fine,  not  exceeding  q 
fixed  amount ;  if  the  offender  deserved  farther  pun- 
ishment, it  was  their  duty  to  bring  him  before  a 
judicial  tribunal.     Thus,  in  case  of  an  injury  done 
to  orphans  or  heiresses,   the  archon  might  fine 
the  parties,  or  (if  the  injury  were  of  a  serious  na- 
ture) bring  them  before  the  court  of  Heliaea.3    Upon 
any  one  who  made  a  disturbance,  or  otherwise  mis- 
behaved himself  in  the  public  assembly,  the  proedri 
might  impose  a  fine  of  fifty  drachms,  or  else  bring 
him  for  condign  punishment  before  the  senate  of 
500,  or  the  next  assembly.*     The  senate  of  500 
were  competent  to  fine  to  the  extent  of  500  drachms.* 
The  magistrate  who  imposed  the  fine  (km6o?J:v 
eTre6aXe)  had  not  the  charge  of  levying  it,  but  was 
obliged  to  make  a  return  thereof  to  the  treasury  of- 
ficers {emypdfeiv,  or  kyypdcpeiv  role  TrpdnToppiv,  or 
kyypdfyeiv  r<p   6rjfJLoai(p),  whereupon,  like  all  other 
penalties  and  amerciaments,  it  became  (as  we  should 
say)  a  debt  of  record,  to  be  demanded  or  recovered 
by  the  collectors.6    If  it  were  made  payable  to  the 
fund  of  a  temple,  it  was  collected  by  the  function- 
aries who  had  the  charge  of  that  fund  {rajuiat). 
There  might  (it  seems)  be  an  appeal  from  the  sen- 
tence of  the  magistrate  to  a  jury  or  superior  court.7 
As  under  the  old  Roman  law  no  magistrate  could 
impose  a  fine  of  more  than  two  oxen  and  thirty 
sheep,  so,  by  the  laws  of  Solon,  fines  were  of  very 
small  amount  at  Athens.     How  greatly  they  in- 
creased afterward  (as  money  became  more  plentiful, 
and  laws  more  numerous),  and  how  important  a 
branch  they  formed  of  the  public  revenue,  may  be 
seen  from  the  examples  collected  by  Bockh.8 

These  emdolai  are  to  be  distinguished  from  the 
penalties  awarded  by  a  jury  or  court  of  law  {Tifirj- 
fiara)  upon  a  formal  prosecution.  There  the  magis- 
trate or  other  person  who  instituted  the  proceeding 
(for  any  one  might  prosecute,  Karriyopeiv),  was  said 
Tifir/jua  ETuypaipaodai,  as  the  court  or  jury  were  said. 
Tifxav,  "  to  assess  the  penalty,"  which  always  de- 
volved upon  them,  except  where  the  penalty  was 
one  fixed  by  law  (e/c  ruv  vopuv  e7UKeifievi]  typed),  in 
which  case  it  could  not  be  altered.9 

EPICHETROTONIA.  {Vid.  Cheirotonia,  Ec- 
clesia,  p.  386.) 

EPICLE'RUS  {eiriKlypoc,  heiress),  the  name 
given  to  the  daughter  of  an  Athenian  citizen  who 
had  no  son  to  inherit  his  estate.  It  was  deemed 
an  object  of  importance  at  Athens  to  preserve  the 
family  name  and  property  of  every  citizen.  This 
was  effected,  where  a  man  had  no  child,  Y.y  adop- 
tion {elcrKoiqcig) ;  if  he  had  a  daughter,  the  inherit- 
ance was  transmitted  through  her  to  a  grandson, 
who  would  take  the  name  of  the  maternal  ancestor. 
If  the  father  died  intestate,  the  heiress  had  not  the 
choice  of  a  husband,  but  was  bound  to  marry  her 
nearest  relative,  not  in  the  ascending  line.     Upon 


1.  (Hist.de  Bell.  Alex,  11;  de  Bell.  Afric,  63.)  —  2.  (Ta- 
cit., Ann.,  xiv.,4.) — 3.  (Demosth.,  c.  Macart.,  1076.) — 4.  (JEsch., 
c.  Timarch.,  35,  Bekker.)— 5.  (Demosth.,  c.  Euerg.  and  Mnes , 
1152.— Vid.  also  Demosth.,  c.  Meid.,  572.)— 6.  (jEsch.,  c.  Timar^ 
1.  c. — Demosth.,  c.  Nicost.,  1251.) — 7.  (Meier,  Ate.  Proc,  p.  32, 
34,  565.— Schomann,  Ant.  Jur.  Pub.  Grcec,  p.  242,  293.)— 6 
(Pub.  Econrof  Athens,  ii.,  p.  103,  &c.)— 9.  (^Esch.,  Uet'l  lid- 
pa6.,  14,  Bekker. — Demosth.,  c.  Theocr.,  1328. — Harpocr  •  >  » 
AtIixijtos  ayihv.) 


EPIDICASIA. 


EPIMELZTAE. 


such  person  making  his  claim  before  the  archon, 
whose  duty  it  was  kizLfiekclodai  tuv  ettik^tjpuv  kol 
rwv  oIkuv  t£jv  k^epTj/iovfj.ivuv,1  public  notice  was 
given  of  the  claim  ;  and  if  no  one  appeared  to  dis- 
pute it,  the  archon  adjudged  the  heiress  to  him 
(Emdinaatv  avrti  ttjv  kTriK?i7]pov).  If  another  claim- 
ant appeared  (ufi<piafrireiv  avrCi  rfjg  ettik.),  a  court 
was  held  for  the  decision  of  the  right  (diadiKacia 
rrjs  brut.),  which  was  determined  according  to  the 
Athenian  law  of  consanguinity  (yivovg  na?  ayxia~ 
relay).  Even  where  a  woman  was  already  married, 
her  husband  was  obliged  to  give  her  up  to  a  man 
with  a  better  title ;  and  men  often  put  away  their 
ormer  wives  in  order  to  marry  heiresses.3 

A  man  without  male  issue  might  bequeath  his 
property ;  but  if  he  had  a  daughter,  the  devisee  was 
obliged  to  marry  her.3    If  the  daughter  was  poor, 
and  the  nearest  relative  did  not  choose  to  marry  _ 
her,  he  was  bound  to  give  her  a  portion  correspond-' 
ing  to  his  own  fortune.4 

The  husband  of  an  heiress  took  her  property  until 
she  had  a  son  of  full  age  (ettc  dtereg  TjSijaavTa),  who 
was  usually  adopted  into  his  maternal  grandfather's 
family,  and  took  possession  of  the  estate.  He  then 
became  his  mother's  legal  protector  (Kvpiog),  and 
was  bound  to  find  her  maintenance  (atrov).  If 
there  were  more  sons,  they  shared  the  property 
equally.6 

When  there  was  but  one  daughter,  she  was  called 
E7TLK?,r}poc  knl  izavrl  to  oIkg).  If  there  were  more, 
they  inherited  equally,  like  our  co-parceners,  and 
were  severally  married  to  relatives,  the  nearest 
having  the  first  choice.6  Illegitimate  sons  did  not 
share  with  the  daughter,  the  law  being  vodu  fir/ 
elvat  ayxi-GTeiav  fiijd'  lep&v  fiijO'  oc'udv? 

The  heiress  was  under  the  special  protection  of 
the  aichon ;  and  if  she  was  injured  by  her  husband 
or  relatives,  or  by  strangers  ejecting  her  from  her 
2state,  the  law  gave  a  criminal  prosecution  against 
the  offender,  called  icaKtJCEog  elaayye?ua.a 

EPICLINTPvON.     (Vid.  Lectus.) 

EPIDAURIA.     (Vid.  Eleusinia,  p.  396.) 

EPIDEMIURGI.     (Vid.  Demiurgi.) 

EPIDICASIA  (sTctdiKaoia,  K?.?jpov)  was  the  pro- 
ceeding by  which  a  legatee  or  heir,  other  than  the 
natural  descendant  and  acknowledged  successor, 
obtained  legal  possession  of  the  estate  of  a  deceased 
person.  Under  these  circumstances,  the  claimant 
was  said  \ayyaveiv  or  E7udiKu£ec6ai  rov  nXfipov,  and 
the  property  itself  termed  ettlSikov  until  it  was  formal- 
ly awarded  to  its  rightful  owner.  Notice  of  a  claim 
of  this  .dnd  might  be  given  to  the  archon  eponymus 
during  any  month  in  the  year  except  Scirrophorion, 
and  that  magistrate  was  bound,  upon  receiving  it,  to 
direct  that  it  should  be  inscribed  upon  a  tablet,  and 
exposed  to  public  inspection,  as  if  it  were  an  indict- 
ment or  declaration  (ypa<pf/  or  Ir&g)  in  an  ordinary 
lawsuit.9  After  this  it  was  recited  by  the  herald  in 
the  first  ensuing  regular  assembly  of  the  people 
(Kvpla  knnlriaia),  and  a  proclamation  to  the  same 
effect  was  again  made  before  the  archon,  who  for- 
mally assigned  the  property  to  the  claimant.  If, 
however,  any  other  parties  made  their  appearance, 
a  diadicasia  ensued  between  them  and  the  original 
suitor.  (Vid.  Diadicasia.)  An  analogous  proceed- 
ing took  place  when  the  surviving  issue  of  the  de- 
ceased consisted  of  one  or  more  daughters  only  (bri- 
KTiTjpoi,  eTUKTirjpiTidec,  -arpovxot,  tyxlvpoi,  or  ETrnra- 

1.  (Demosth.,  c.  Macart.,  1076.)— 2.  (Demosth.,  c.  Onet.,  Ar- 
gum.  ;  c.  Eubul.,  1311.— lsaeus,  De  Pynh.  H<ered.,  78.)— 3. 
(hseus,  De  Arist.  Haered.,  19.)— 4.  (Demosth.,  c.  Macart.,  1067.) 
—5.  (l»aeus,  De  Pyrrh.  Haired.,  59  ;  De  Cir.  Haered.,  40.— De- 
mosth.. t.  Steph.,  1134,  1135.) — 6.  (Andoc,  De  Myst.,  117,  &c. 
— Isjeus,  De  Cir.  Haered.,  57  58.)— 7.  (Demosth.,  c.  Macart., 
106,.— Anstoph.,  A%es,  1652.)— 8.  (lsaeus,  De  Pvrr.  Haered.,  76. 
-Meier,  Att.  Proc    p.  269.  460,  468.)— 9.  (Meier,  Att.  Proc.,  p. 


/ndrtdec),  in  which  case  the  person  in  wlose  favoui 
the  will  of  the  deceased  had  been  made ,  the  near- 
est male  relative  (ayxicrevg),  or  if  several  daughters 
had  been  left  with  their  portions  to  different  persons, 
the  legatees  or  relatives  were  required  to  prefer 
their  claim  to  the  archon.  The  proclamation  by 
the  herald  followed,  in  the  same  manner  as  when 
an  estate  was  the  subject  of  the  petition  ;  arx*  the 
paracatabole,  or  the  tenth  part  of  the  estate  01  por- 
tion, was  deposited  as  a  forfeit,  in  case  they  failed 
to  establish  their  claim,  by  the  other  parties  that 
undertook  a  diadicasia.1     (Vid.  Epiclerus.) 

EPID'OSEIS  (emdocrELg )  were  voluntary  contribu- 
tions, either  in  money,  arms,  or  ships,  which  were 
made  by  the  Athenian  citizens  in  order  to  meet  the 
extraordinary  demands  of  the  state.  When  the  ex 
penses  of  the  state  were  greater  than  its  revenue, 
it  was  usual  for  the  pry  tan  es  to  summon  an  assem- 
bly of  the  people,  and,  after  explaining  the  necessi- 
ties of  the  state,  to  call  upon  the  citizens  to  contrib- 
ute according  to  their  means.  Those  who  were 
willing  to  contribute  then  rose,  and  mentioned  what 
they  would  give  ;  while  those  who  were  unwilling 
to  give  anything  remained  silent,  or  retired  privately 
from  the  assembly.2  The  names  of  those  who  had 
promised  to  contribute,  together  with  the  amount  of 
their  contributions,  were  written  on  tablets,  which 
were  placed  before  the  statues  of  the  Eponymi. 
where  they  remained  till  the  amount  was  paid.3 

These  kiudooEig,  or  voluntary  contributions,  were 
frequently  very  large.  Sometimes  the  more  wealthy 
citizens  voluntarily  undertook  a  trierarchy,  or  the 
expenses  of  equipping  a  trireme.*  We  read  that 
Pasion  furnished  1000  shields,  together  with  five 
triremes,  which  he  equipped  at  his  own  expense.* 
Chrysippus  presented  a  talent  to  the  state  when 
Alexander  moved  against  Thebes  ;6  Aristophanes, 
the  son  of  Nicophemus,  gave  30.000  drachmae  /or 
an  expedition  against  Cyprus  ;7  Charidemus  End 
Diotimus,  two  commanders,  made  a  free  gift  of  S00 
shields  ;8  and  similar  instances  of  liberality  are  men- 
tioned by  Bockh,9  from  whom  the  preceding  exam- 
ples have  been  taken.10 

EPIGAMIA.     (Vid.  Marriage,  Greek.) 
EPI'GRAPHEIS.     (Vid.  Eisphora,  p.  392.) 
EPIMELE'T AE(£TUfi£l7]Tai),  the  name  of  various 
magistrates  and  functionaries  at  Athens. 

1.  'EirifieXrjTrjs  t%  Koivfjg  irpooodov,  more  usually 
called  Tafilac,  the  treasurer  or  manager  of  the  pub- 
lic revenue.     (Vid.  Tamias.) 

2.  'EirifielrjTal  ruv  fiopiuv  'ETtaiuv  were  persons 
chosen  from  among  the  areopagites  to  take  care  of 
the  sacred  olive-trees.11 

3.  'E7rifie?^ral  tov  'E/nzopiov  were  the  overseers 
of  the  emporium.  (Vid.  Emporium.)  They  were 
ten  in  number,  and  were  elected  yearly  by  lot.13 
They  had  the  entire  management  of  the  emporium, 
and  had  jurisdiction  in  all  breaches  of  the  commer- 
cial laws.13  According  to  Aristotle,14  it  was  part  of 
their  duty  to  compel  the  merchants  to  bring  into 
the  city  two  thirds  of  the  corn  which  had  been 
brought  by  sea  into  the  Attic  emporium  ;  by  which 
we  learn  that  only  one  third  could  be  carried  away 
to  other  countries  from  the  port  of  the  Peiraeus.'6 

4.  'ETifiEXijTal  tuv  MvaTTjpiuv  were,  in  connexion 
with  the  king  archon,  the  managers  of  the  Eleusin- 


1.  (Meier,  Att.  Proc,  p.  461,  470.)— 2.  (Plutarch,  Alcib.,  10 
— Phocion,  9.— Demosth.,  c.  Meid..  p.  567.— Theophrast.,  Char., 
22.— Athenaeus,  iv.,  p.  108,  e.)-~ 3.  (lsaeus,  De  Dicaeog.,  p.  Ill, 
ed.  Reiske.)— 4.  (Demcsth.,  c.  Meid.,  p.  506,  23.)— 5.  (Demosth., 
c  Steph.,  p.  1127,  12.)— 6.  (Demosth.,  c.  Phorm.,  p.  918,  20.)— 
7.  (Lysias,  Pro  Aristojh.  bonis,  p.  644.)— 8.  (Demosth.,  Pro  Co 
ron.,  p.  265,  18.)  — 9.  (Pub.  Econ.  of  Athens,  ii.,  p  377.)  — 10. 
(Compare  Schomann,  De  Comit.,  p.  292.)— 11.  (Lvsias,  Areio 
pag.,  p.  284,  5.)— 12.  (Harpocrat.,  s.  v.)— 13.  (Demosth.,  c  La- 
crit.,  p.  941,  15;  c.  Theocr.,  p.  1324.— Dinarch.,  c.  Aristog.,  p 
81,  82.)— 14.  (ap.  Harpocrat.,  s.  v.)— 15.  (Bockh,  Pub.  Ecou.  d 
Athens,  i.,  p.  67,  111.— Meier,  Att.  Pr<c    p.  8b.) 


EPISTATES. 


EPISYNTHE1  [CI. 


lan  mysteries.  They  were  elected  by  open  vote, 
and  were  four  in  number,  of  whom  two  were  cho- 
sen from  the  general  body  of  citizens,  one  from  the 
Eumolpidae,  and  one  from  the  Ceryces.1 

5.  'ETUfj,e?irjTal  tuv  veupicov,  the  inspectors  of  the 
dockyards,  formed  a  regular  dpxv,  and  were  not  an 
extraordinary  commission,  as  appears  from  Demos- 
thenes,2 ^Eschines,3  and  the  inscriptions  published 
by  Bockh,*  in  which  they  are  sometimes  called  ol 
apxovreg  sv  role  vecopioig,  and  their  office  designated 
an  apxti-5  We  learn  from  the  same  inscriptions 
that  their  office  was  yearly,  and  that  they  were  ten 
in  number.  It  also  appears  that  they  were  elected 
by  lot  from  those  persons  who  possessed  a  knowl- 
edge of  shipping. 

The  principal  duty  of  the  inspectors  of  the  dock- 
yards was  to  take  care  of  the  ships,  and  all  the  rig- 
ging, tools,  &c.  (oKsvf/),  belonging  to  them.  They 
also  had  to  see  that  the  ships  were  seaworthy ; 
and  for  this  purpose  they  availed  themselves  of  the 
services  of  a  dotafiaorris,  who  was  well  skilled  in 
such  matters.6  They  had  at  one  time  the  charge 
of  various  kinds  of  military  cuevf],  which  did  not 
necessarily  belong  to  ships,  such  as  engines  of  war,7 
which  were  afterward,  however,  intrusted  to  the 
generals  by  a  decree  of  the  senate  and  people.8 
They  had  to  make  out  a  list  of  all  those  persons 
who  owed  anything  to  the  docks,9  and  also  to  get 
in  what  was  due.10  We  also  find  that  they  sold  the 
rigging,  &c,  of  the  ships,  and  purchased  new,  un- 
der the  direction  of  the  senate,  but  not  on  their  own 
responsibility.11  They  had  qye/novtav  dtnacmipiov  in 
conjunction  with  the  dirocToTislc  in  all  matters  con- 
nected with  their  own  department.1  a  To  assist  them 
in  discharging  their  duties,  they  had  a  secretary 
(ypa/j-parevs13)  and  a  public  servant  (drjjibatog  ev  rolg 
veupioic1*).  For  a  farther  account  of  these  inspect- 
ors, see  Bockh,  Urkunden,  &c,  p.  48-64. 

6.  'EiTi,/j.e?i7]Tal  tuv  tyvltiv,  the  inspectors  of  the 
$v?ml  or  tribes. .  (Vid.  Tribus.) 

*EPIME'LIS  IkTTifirjXig),  a  species  of  Medlar. 
Sprengel  sets  it  down  for  the  Mespilus  Germani- 
cus,  L.15 

*EPFOLUS  (ttkloIcx;),  an  insect  described  by 
Aristotle,  and  the  same,  most  probably,  as  Adams 
thinks,  with  the  nvpavarr/c  of  iElian.  Schneider 
supposes  it  to  be  the  Acarus  telarius,  L.,  or  Red 
Spider.16 

*EPIPACTIS  (eTrnvaKTig),  according  to  Sprengel, 
the  Herniaria  glabra.  Nothing  satisfactory,  how- 
ever, is  determined,  with  regard  to  this  herb,  by 
Matthiolus,  Bauhin,  and  other  botanical  writers.17 

EPIRHE'DIUM.     (Vid.  Rheda.) 

EIII2KH¥I2  ¥EYAOMAPTTPIQN.  (Vid.^ET- 
AOMAPTYPIftN  AIKH.) 

EPIS'COPOI  (enicKOTToi)  were  inspectors,  who 
were  sometimes  sent  by  the  Athenians  to  subject 
states.  Harpocration  compares  them  to  the  Lace- 
daemonian harmosts,  and  says  that  they  were  also 
called  tyvTianes.  It  appears  that  these  knioKoicoi  re- 
ceived a  salary  at  the  cost  of  the  cities  over  which 
they  presided.18 

EPISTATES  (kiriardTTjc), which  means  a  person 
placed  over  anything,  was  the  name  of  two  distinct 

1.  (Harpocrat.  and  Suid,  s.  v. — Demosth.,  c.  Meid.,  p.  570,  6.) 
-2.  (c.  Euerg.  et  Mnes.,  p.  1145.)— 3.  (c.  Ctesiph.,  p.  419.)— 4. 
("Uvkunden,  iiber  das  Seewesen  des  Attisches  Staates,"  Berlin, 
1840.)— 5.  (No.  xvi.,  b,  104,  &c— No.  x.,  c,  125.— No.  xiv..  c, 
122,  138.)— 6.  (Bockh,  ibid.,  No.,ii.,  56.)— 7.  (No.  xi.,  m.)— 8. 
(No.  xvi.,  o,  195.) — 9.  (Demosth.,  c.  Euerg.  et  Mnes.,  p.  1145.) 
—10.  (Id.,  c.  Androt.,  p.  612.)— 11.  (No.  xiv.,  b,  190,  &c,  com- 
pared with  Nos.  xiv.,  xvi.,  «.)  — 12.  (Demosth.,  c.  Euerg.  et 
Mnes.,  p.  1147.)—13.  (No.  xvi.,  b,  165.) — 14.  (No.  xvi.,  b,  135.) 
— 15.  (Paul.  iEgin.,  vii.,  3. — Adams,  Append.,  s.  v.) — 18.  (Aris- 
tot.,  H.  A.,  viii.,  26. — iElian,  N.  A.,  xii.,  8. — Adams,  Append., 
».  v.)  — 17.  (Dioscor.,  iv.,  106. — Adams,  Append.,  s.  v.)  — 18. 
(Aristoph.,  Aves,  1022,  &c,  with  schol. — Harpocrat.,  s.  v. — 
Bockh,  Fubl.  Econ.,  i.,  p.  211,  319. — Schomann,  Antiq.  Juris 
Pub.  Gnec,  p.  432,  18.) 
412 


classes  of  functionaries  in  the  Athenian  state,  name' 
ly,  of  the  chairman  of  the  senate  and  assembly  of 
the  people,  respecting  whose  duties,  see  the  arti- 
cles Boule,  p.  168,  and  Ecclesia,  p.  386,  and  also 
of  the  directors  of  the  public  works  ('EmoTaTal 
rcjv  6r]fioGL0)v  epyuv).  These  directors  had  different 
names,  as  telxottoloi,  the  repairers  of  the  walls ; 
rpi7]po7rotot,  the  builders  of  the  triremes  ;  ra^porcoioi, 
the  repairers  of  the  trenches,  &c. ;  all  of  whom 
were  elected  by  the  tribes,  one  fix  m  each :  but  tl  e 
most  distinguished  of  these  were  the  teixottoio'i  l 
Over  other  public  buildings  a  manager  of  public 
works  had  the  superintendence ;  and  it  was  in  this 
capacity  that  Pericles,  and  subsequently  Lycurgus, 
undertook  so  many  works  of  architecture.  In  the 
inscriptions  relating  to  the  building  of  the  Temple 
of  Athena  Polias,  we  find  eiriararai  mentioned." 
Similar  authorities  were  appointed  for  the  care  of 
the  roads,  and  of  the  supply  of  water  (odonoioi,*  kruo- 
raral  rtiv  vddrov*). 

The  directors  received  the  money  which  was  ne- 
cessary for  these  works  from  the  public  treasury 
(ek  ttjc  dLOCKijceug6). 

EPPSTOLA.     (Vid.  Constitute.) 

EPIST'OLEUS  (ETTUjroXevc)  was  the  officer  sec- 
ond in  rank  in  the  Spartan  fleet,  and  succeeded  tc 
the  command  if  anything  happened  to  the  vavdpxot; 
or  admiral.6  Thus,  when  the  Chians  and  the  other 
allies  of  Sparta  on  the  Asiatic  coast  sent  to  Sparta 
to  request  that  Lysander  might  be  again  appointed 
to  the  command  of  the  navy,  he  was  sent  with  the 
title  of  ettlctoIevc,  because  the  Jaws  of  Sparta  did 
not  permit  the  same  person  to  hold  the  office  of 
vavdpxoq  twice.7 

EPISTY'LIUM,  the  architrave  zt  iovi sr  member 
of  an  entablature  (coronix)  which  lies  immediately 
over  the  column.8  When  an  intercolumniation  w£*j 
of  the  kind  called  arseostyle,  that  is,  when  the  col- 
umns were  more  than  three  diameters  apart,  the 
epistylium  was  necessarily  made  of  wood  instead  of 
stone  ;9  a  construction  exemplified  by  the  restora- 
tion in  the  annexed  woodcut10  of  the  Doric  portico 
which  surrounds  three  sides  of  the  Forum  at  Pom- 
peii. The  holes  seen  at  the  back  of  the  frieze  re- 
ceived  the  beams  which  supported  an  upper  gallery. 


EPISYNTHE'TICI  (kiriavvderiKoi),  an  ancient 
medical  sect,  so  called  because  they  heaped  up  in  a 
manner  (EincvvTidrjfii),  and  adopted  for  their  own 
the  opinions  of  different,  and  even  opposite,  schools. 
They  appear  to  have  been  a  branch  of  the  Method- 


1.  (^Eschin.,  c.  Ctes.,  p.  400,  422,  425.) -2.  (Bockh,  PuW 
Econ.  of  Athens,  i.,  p.  272.)— 3.  (^Jschin.,  c.  Ctes.,  p.  419.)— i. 
(Plutarch,  Them.,  31.— Schomann.  Antiq.  Juris  Pub.  Graec,  p 
247.)— 5.  (.Sschin.,  c.  Ctes.,  p.  425.)— 6.  (Xen.,  Hell.,  i.,  1, 
23;  iv.,  8,  v  Hi  v.,  1,  <>  5,  6.— Stnrz,  Lex.  Xen.,  s.  v.)—* 
(Xen.,  Hell.,  ii.,  1,  §  7.)— 8.  (Festus,  s.  v.)— 9  (Vitruv  .  Hi.,  &* 
— 10.  (Pompeii,  vol  i.,  p.  143.) 


EPITROPOS. 


EPONYMOS. 


ici  (vid.  Methodici1),  and  to  have  been  founded  by 
Agathinus  of  Sparta,  the  pupil  of  Athenseus,  to- 
wards the  end  of  the  first  century  of  the  Christian 
era.8  Galen  informs  us3  that  the  sect  was  also 
sometimes  called  eKXexTiMJ,  and  sometimes  tan/op. 
(Vid.  Hectici.)  The  only  other  ancient  physician 
(as  far  as  the  writer  is  aware)  who  is  mentioned  as 
having  belonged  to  this  sect,  is  Leonides  of  Alex- 
nndrea,4  who  is  supposed  by  Sprengel5  to  have 
lived  in  the  third  century,  as  he  himself  quotes  Ga- 
J<  n,'  while  Galen  never  mentions  him.  Little  is 
known  of  the  opinions  of  either  of  these  physicians, 
and  nothing  sufficiently  characteristic  to  enable  us 
to  determine  what  were  the  peculiar  tenets  of  their 
sect,  which  are,  however,  supposed  to  have  nearly 
agreed  with  those  of  the  Eclectici.  (Vid.  Eclec- 
tici.) 

EPITHALAMIUM.     (Vid.  Marriage.) 

*EPITH'YMON  (ETrWvfiov),  a  weed  which  is  par- 
asitic on  thyme,  furze,  heath,  and  other  plants. 
Allston,  Dierbach,  and  Sprengel  follow  Bauhin  in 
referring  it  to  the  Cuscuta  Ejpithymus,  or  Lesser 
Dodder  of  Thyme.7 

EPITPMIA  (kTUTLfiia).  (Vid.  Atimia  ;  Civitas, 
Greek,  p.  259.) 

EIIITPIHPAPXH'MATOS    A1KH.      (Vid.    Lei- 

TOURGIA.) 

EniT'POriHS  TPA4>H.  (Vid.  Epitropos.) 
EPITROPOS  (kmrpoTtoc),  which  signifies,  literal- 
ly, a  person  to  whom  anything  is  given  in  charge,8 
occurs,  however,  much  more  frequently  in  the  sense 
of  a  guardian  of  orphan  children.  Of  such  guardi- 
ans there  were  at  Athens  three  kinds  :  first,  those 
appointed  in  the  will  of  the  deceased  father ;  sec- 
ondly, the  next  of  kin,  whom  the  law  designated  as 
tutores  legitimi  in  default  of  such  appointment,  and 
who  required  the  authorization  of  the  archon  to  en- 
able them  to  act ;  and,  lastly,  such  persons  as  the 
archon  selected,  if  there  were  no  next  of  kin  living 
to  undertake  the  office.  The  duties  of  the  guardian 
comprehended  the  education,  maintenance,  and  pro- 
tection of  the  wajrd,  the  assertion  of  his  rights,  and 
the  safe  custody  and  profitable  disposition  of  his  in- 
heritance during  his  minority,  besides  making  a 
proper  provision  for  the  widow  if  she  remained  in 
the  house  of  her  late  husband.  In  accordance  with 
these,  the  guardian  was  bound  to  appear  in  court  in 
all  actions  in  behalf  of  or  against  his  ward,  and  give 
in  an  account  of  the  taxable  capital  (rifir/fia)  when 
an  elatpopd  (the  only  impost  to  which  orphans  were 
liable)  was  levied,  and  make  the  proportionate  pay- 
ment in  the  minor's  name.  With  reference  to  the 
disposition  of  the  property,  two  courses  were  open 
to  the  guardian  to  pursue,  if  the  deceased  had  left 
no  will,  or  no  specific  directions  as  to  its  manage- 
ment, viz.,  to  keep  it  in  his  own  hands,  and  employ 
it  as  he  best  could  for  the  benefit  of  the  minor  (6101- 
keIv),  or  let  it  out  to  farm  to  the  highest  bidder  (fiia- 
dovv  rbv  olkov).  In  the  former  case,  it  seems  proba- 
ble9 that  a  constant  control  of  the  guardian's  pro- 
ceedings might  be  exercised  by  the  archon  ;  and  a 
special  law  ordained  that  all  money  belonging  to  a 
minor  should  be  vested  in  mortgages,  and  upon  no 
account  be  lent  out  upon  the  more  lucrative  but 
hazardous  security  of  bottomry.10 

To  ensure  the  performance  of  these  duties,  the 
law  permitted  any  free  citizen  to  institute  a  public 
action,  as,  for  instance,  an  apagoge  or  eisangelia, 
against  a  guardian  who  maltreated  his  ward  (koku- 
veor  bptpavov),  or  a  ypcHpr)  £7UTpo7r^c,  for  neglect  or 

1.  (Pseudo-Galen,  Introduct.,  c.  4,  p.  684,  ed.  Kiihn.)  —  2. 
(Galen,  Defimt.  Med.,  c.  14,  p.  353.)— 3.  (Ibid.)— 4.  (Pseudo- 
Galen,  Introduct.,  1.  c.)— 5.  (Hist,  de  la  Med.)— 6.  (apud  Aetii 
Tetrab.,  iv.,  serm.  2,  c.  11,  col.  688.) — 7.  (Dioscor.,  iv.,  176. — 
Adams,  Append.,  s.  v.) — 8.  (Demosth.,  c.  Aphob.,  i.,  p.  819, 18.) 
—9.  (Demosth.,  c.  Onetor.,  i.,  p.  865,  17.) — 10.  (Suidas,  s.  t. 
'Eyycior.) 


injur)'  of  his  person  or  property ;  and  the  punish 
ment,  upon  conviction,  depended  entirely  upon  the 
greater  or  less  severity  of  the  dicasts.1  If  the 
guardian  preferred  that  the  estate  should  be  farmed, 
the  regular  method  of  accomplishing  this  was  by 
making  an  application  to  the  archon,  who  thereupon 
let  the  inheritance  to  the  highest  bidder,  and  took 
care  that  the  farmer  should  hypothecate  a  sufficient 
piece  of  ground  or  other  real  property  to  guaranty 
the  fulfilment  of  the  contract  (inroTip.rip.a).  In  soi  ae 
cases  the  guardian  might  be  compelled  to  adopt  this 
course  or  be  punished,  if  the  lease  were  irregularly 
or  fraudulently  made,  by  a  phasis,  which,  upon  this 
occasion,  might  be  instituted  by  any  free  citizen. 
The  guardianship  expired  when  the  ward  had  at- 
tained his  eighteenth  year,  and,  if  the  estate  had 
been  leased  out,  the  farmer  paid  in  the  market- 
place the  capital  he  had  received  to  trade  with,  and 
the  interest  that  had  accrued  ;2  if,  however,  the  in- 
heritance had  been  managed  by  the  guardian,  it 
was  from  him  that  the  heir  received  his  property 
and  the  account  of  his  disbursements  during  the 
minority.  In  case  the  accounts  were  unsatisfacto- 
ry, the  heir  might  institute  an  action  kmTpo-xris 
against  his  late  guardian  ;  this,  however,  was  a 
mere  private  lawsuit,  in  which  the  damages  and 
epobelia  only  could  be  lost  by  the  defendant,  to  the 
latter  of  which  the  plaintiff  was  equally  liable  upon 
failing  to  obtain  the  votes  of  a  fifth  of  the  dicasts. 
This  action  was  barred  by  the  lapse  of  five  years 
from  the  termination  of  the  guardianship ;  and  if 
the  defendant  in  it  died  before  that  time,  an  action 
(3Aa6?)g  would  lie  against  his  representatives  to  re- 
cover what  was  claimed  from  his  estate.3 

EPOBELTA  (eKuSeMa),  as  its  etymology  implies, 
at  the  rate  of  one  obolus  for  a  drachma,  or  one  in 
six,  was  payable  on  the  assessment  ('iurjua)  of  sev- 
eral private  causes,  and  sometimes  in  a  case  oi 
phasis,  by  the  litigant  that  failed  to  obtain  the  votes 
of  one  fifth  of  the  dicasts.*  It  is  not,  however, 
quite  certain  that  such  was  invariably  the  case 
when  the  defeated  suitor  was  the  defendant  in 
the  cause;3  though  in  two  great  classes,  name- 
ly, cross-suits  (uvTiypatyai),  and  those  in  which  a 
preliminary  question  as  to  the  admissibility  of  the 
original  cause  of  action  was  raised  (■napaypadai),  it 
may  be  confidently  asserted.  As  the  object  of  the 
regulation  was  to  inflict  a  penalty  upon  litigiousness, 
and  reimburse  the  person  that  was  causelessly  at- 
tacked for  his  trouble  and  anxiety,  the  fine  was  paid 
to  the  successful  suitor  in  private  causes,  and  those 
cases  of  phasis  in  which  a  private  citizen  was  the 
party  immediately  aggrieved.  In  public  accusa- 
tions, in  general,  a  fine  of  a  thousand  drachmas, 
payable  to  the  public  treasury,  or  a  complete  or 
partial  disfranchisement,  supplied  the  place  of  the 
epobelia  as  a  punishment  for  frivolous  prosecutions. 

EPO'MIS  (e7r<j///c).     (Vid.  Tunica.) 

EPO'NYMOS  (:Eir6vv/j.oc,  having  or  giving  a 
name)  was  the  surname  of  the  first  of  the  nine  ar- 
chons  at  Athens,  because  his  name,  like  that  of  the 
consuls  at  Rome,  was  used  in  public  records  to 
mark  the  year.  (Vid.  Archon.)  The  expressior 
k-uvvfioL  ruv  7}?AKtuv,  whose  number  is  stated  b> 
Suidas,  the  Etymologicum  Magn.,  and  other  gram- 
marians, to  have  been  forty,  likewise  applies  to  the 
chief  archon  of  Athens.  Every  Athenian  had  to 
serve  in  the  army  from  his  19th  to  his  60th  year,  i. 
c,  during  the  archonship  of  forty  archons.  Now,  as 
an  army  generally  consisted  of  men  from  the  age 
of  18  to  that  of  60,  the  forty  archons  under  whom 
they  had  been  enlisted  were  called  t-xuvv\ioi  tuv 


1.  (Meier,  Att.  Proc,  p  294.)— 2.  (Demosth.,  c.  Aphob.,  1, 
p.  832,  1.)— 3.  (Meier,  Att.  Proc.  p.  444,  &c.)— 4.  (Demosth.,  c 
Aphob.,  p.  834,  25.— c.  Euerg.et  Mnes.,  p.  1158,  20.)— 5.  (Meier, 
Att.  Proc.,  p.  730.) 

413 


EPULONES. 


EQUATES. 


jfliKiuv,  m  order  to  distinguish  them  from  the  kiru- 
wfiot  tu>v  pvlQv.1  At  Sparta  the  first  of  the  five 
ephors  gave  his  name  to  the  year,  and  was  there- 
fore called  tyopoc  ETruvvfioc* 

It  was  a  very  prevalent  tendency  among  the  an- 
cients in  general  to  refer  the  origin  of  their  institu- 
tions to  some  ancient  or  fabulous  hero  (apxny^VQ3)-, 
from  whom,  in  most  cases,  the  institution  was  also 
believed  to  have  derived  its  name,  so  that  the  hero 
became  its  apxvy^TVc  enuvvf/oc.  In  later  times 
new  institutions  were  often  named  after  ancient  he- 
roes, on  account  of  some  fabulous  or  legendary 
connexion  which  was  thought  to  exist  between 
them  and  the  new  institutions,  and  the  heroes 
thus  became,  as  it  were,  their  patrons  or  tutelary 
deities.  A  striking  instance  of  this  custom  are  the 
names  of  the  ten  Attic  tribes  instituted  by  Cleisthe- 
nes,  all  of  which  were  named  after  some  national 
hero.*  These  ten  heroes,  who  were  at  Athens  gen- 
erally called  the  enuvvfioi,  or  ekuvvjiol  tuv  (pvhtiv, 
were  honoured  with  statues,  which  stood  in  the 
Ceramicus,  near  the  Tholos.5  If  an  Athenian  citi- 
zen wished  to  make  proposals  for  a  new  law,  he  ex- 
hibited them  for  public  inspection  in  front  of  these 
statues  of  the  eiruvvfioc,  whence  the  expression  ek- 
Oetvat  Ttpoadev  rdv  E7ruvvp,G)v,  or  Tfpbc  tovc  ettuvv/iovc.6 

*EPOPS  (sKof),  a  species  of  Bird.  "  It  can  hard- 
ly admit  of  a  doubt,"  remarks  Adams,  "  that  this 
was  the  Upupa  Epops,  L.,  called  in  English  the 
Hoopoe.  It  is  well  described  in  the  Aves  of  Aris- 
tophanes.7 Tereus  was  fabled  to  have  been  meta- 
morphosed into  this  bird.  The  description  given 
by  Ovid8  in  relating  this  metamorphosis  is  very 
striking : 

"  Cui  slant  in  vertice  crista ; 

Prominet  immodicum  pro  longa  cuspide  rostrum : 

Nomen  Epops  volucri." 

EPOPTAI.     (Vid.  Eleusinia.) 

EPOTIDES.     (Vid.  Navis.) 

EPULO'NES,  who  were  originally  three  in  num- 
ber [Triumviri  Epulones),  were  first  created  in  B.C. 
198,  to  attend  to  the  Epulum  Jovis,9  and  the  ban- 
quets given  in  honour  of  the  other  gods,  which 
duty  had  originally  belonged  to  the  pontifices.10 
Their  number  was  afterward  increased  to  seven,11 
and  they  were  called  Septemviri  Epulones  or  Sep- 
temviri  Epulonum  ;  under  which  names  they  are 
frequently  mentioned  in  inscriptions.12  Julius  Caesar 
added  three  more,13  but  after  his  time  the  number 
appears  again  to  have  been  limited  to  seven.  The 
following  woodcut,  taken  from  a  denarius  of  the 
Ccelian  gens,  of  which  a  drawing  is  given  by  Span- 
heim,1*  represents  on  the  reverse  an  Epulo  preparing 
a  couch  for  Jupiter,  according  to  custom,  in  the 
Epulum  Jovis.  On  it  is  inscribed  L.  Caldus  VII. 
Vir  Epul. 


1.  (Compare  Demosth.  ap.  Harpocrat.,  s.  v.  'ETrwvv/iot,  and 
Bekker,  Anecdota,  p.  245.)— 2.  (Paus.,  iii.,  11,  $  2.)— 3.  (De- 
aiosth.,  c  Macart.,  p.  1072.) — 4.  (Demosth.,  Epitaph.,  p.  1397, 
&c. — Paus.,  i.,  5.) — 5.  (Paus.,  i.,  5,  $  1. — Suid.  and  Etymol. 
MagB.,  s.  v.  'E7rwvu/iOf .) — 6.  (iEschin.,  c.  Ctes.,  p.  59,  ed.  Steph. 
—Wolf,  Proleg.  ad  Demosth.,  Leptin.,  p.  133.)— 7.  (47.— Com- 
pare Lys.,  771.) -8.  (Met.,  vi.,  672.)— 9.  (Val.  Max.,  ii.,  1,  4  2. 
—Liv.,  xxxi.,  4.— Gell.,  xii.,  8.)— 10.  (Liv.,  xxxiii.,  42.— Cic, 
De  Orat.,  iii.,  19.— De  Harusp.  Respons.,  10. — Festus,  s.  v. 
Epulonos.)  — 11.  (Gell.,  i.,  12.— Lucan,  i.,  602.)  — 12.  (Orelli, 
In.scrip.,  No.  590,  773,  2259,  2260,  2365.)— 13.  (Dion  Cass., 
xJiii.,  51.)— 14.  (De  Pise?\.  et  Usu  Numism.,  vol.  ii.,  p.  85.) 
414 


The  Epulones  formed  a  collegium,  and  ■»  erj  ona 
of  the  four  great  religious  corporations  at  Rome ; 
the  other  three  were  those  of  the  Pontifices,  Augures, 
and  Quindecemviri.1 

EPULUM  JOVIS.     (Vid.  Epulones.) 

EQUI'RIA  were  horse-races,  which  are  said  to 
have  been  instituted  by  Romulus  in  honour  of  Mars, 
and  were  celebrated  in  the  Campus  Martius.2  There 
were  two  festivals  of  this  name,  of  which  one  was 
celebrated  A.D.  III.  Cal.  Mart.,  and  the  other  prid 
Id.  Mart.3  If  the  Campus  Martius  was  overflowed 
by  the  Tiber,  the  races  took  place  on  a  part  of  tho 
Mons  Coelius,  which  was  called  from  that  circum- 
stance the  Martialis  Campus.* 

EQUITES.  The  institution  of  the  Equites  is 
attributed  to  Romulus.  Livy5  says  that  Romulus 
formed  three  centuries  of  equites,  the  Ramnes,  Titi- 
enses,  and  Luceres.  He  does  not  mention  the  num 
ber  of  which  these  centuries  consisted ;  but  there 
can  be  little  doubt  that  the  300  celeres,  whom 
Romulus  kept  about  his  person  in  peace  and  war,6 
were  the  same  as  the  three  centuries  of  equites. 
Dionysius,7  who  does  not  speak  of  the  institution  of 
the  equites,  says  that  the  celeres  formed  a  body- 
guard of  300,  divided  into  three  centuries  ;  and 
Pliny8  and  Festus9  state  expressly  that  the  Roman 
equites  were  originally  called  celeres.  (Vid.  Ce- 
leres.) 

To  the  300  equites  of  Romulus,  ten  Alban  turmae 
were  added  by  Tullus  Hostilius.10  As  the  turma  in 
the  legion  consisted  of  30  men,  there  is  no  reason 
for  supposing  a  different  number  in  these  turmse ; 
and  the  equites  would  therefore,  in  the  time  of 
Tullus  Hostilius,  amount  to  600.  Tarquinius  Pries, 
cus,  according  to  Livy,11  wished  to  establish  some 
new  centuries  of  horsemen,  and  to  call  them  by  his 
own  name,  but  gave  up  his  intention  in  consequence 
of  the  opposition  of  the  augur  Attus  Navius,  and 
only  doubled  the  number  of  the  centuries.  The 
three  centuries  which  he  added  were  called  the 
Ramnes,  Titienses,  and  Luceres  Posteriores.  The 
number  ought,  therefore,  now  to.be  1200  in  all, 
which  number  is  given  in  many  editions  of  Livy,18 
but  is  not  found  in  any  MS.  The  number  in  the 
MSS.  is  different,  but  the  Florentine  and  the  Wor- 
mian have  1800,  which  has  been  adopted  by  Gro- 
novius,  and  appears  the  most  probable.  Livy  has 
apparently  forgotten  to  mention  that  the  300  equites 
of  Romulus  wTere  doubled  on  the  union  with  the 
Sabines  ;  which  Plutarch13  alludes  to  when  he  says 
that  the  Roman  legion  contained  300  horsemen, 
and,  after  the  union  with  the  Sabines,  600. 

The  complete  organization  of  the  equites  Livy14 
attributes  to  Servius  Tullius.  He  says  that  this 
king  formed  (scripsit)  12  centuries  of  equites  from 
the  leading  men  of  the  state  (ex  primoribus  civitatis) ; 
and  that  he  also  made  six  centuries  out  of  the  three 
established  by  Romulus.  Thus  there  were  now  18 
centuries.  As  each  of  the  12  new  centuries  proba- 
bly contained  the  same  number  as  the  six  old  cen- 
turies, if  the  latter  contained  1800  men,  the  former 
would  have  contained  3600,  and  the  whole  number 
would  have  been  5400. 

The  account,  however,  which  Cicero15  gives  is 
quite  different.  He  attributes  the  complete  organi- 
zation of  the  equites  to  Tarquinius  Priscus.  He 
agrees  with  Livy  in  saying  that  Tarquinius  Priscus 
increased  the  number  of  the  Ramnes,  Titienses,  and 
Luceres,  by  adding  new  centuries  under  the  name 
of  Ramnes,  Titienses,  and  Luceres  secundi  (not, 


1.  (Dion  Cass.,  liii.,  1 ;  lviii.,  12.— Plin.,  Ep.,  x.,  3.— Vid. 
Walter,  Geschichte  des  Rom.  Rechts,  p.  183.)— 2.  (Festas,  s. 
v. — Varro,  Ling-.  Lat.,  vi.,  13. — Miiller.) — 3.  (Ovid,  Fast-  ii., 
859  ;  iii.,  519.)— 4.  (Festus.  s.  r.  Mart.  Campus.)— 5.  (i_  .j3.)— 
6.  (Liv.,  i.,  15.)— 7.  (ii..  13.^—8.  (H.  N.,  xxxiii.,  9.)— 9  xs.  -. 
—10.  (Liv.,  i.,  30.V-U  /i.,  36.)— 12.  (1.  c.)-13.  (Rom.,  3 
20.)— 14.  (i.,  43.)— 15.  (De  Rep.,  ii..  20.) 


EQUITES. 


EQUITES. 


however,  postcriorcs,  as  Livy  states  ;  compare  Fes- 
tus.  s.  v.  Sex  Vesta) ;  but  he  differs  from  him  in 
stating  that  this  king  also  doubled  their  number 
after  the  conquest  of  the  yEqui.  Scipio,  who  is 
represented  by  Cicero  as  giving  this  account,  also 
says  that  the  arrangement  of  the  equites  which  was 
made  by  Tarquinius  Priscus  continued  unchanged 
to  his  day  (B.C.  129).  The  account  which  Cicero 
gave  of  the  equites  in  the  constitution  of  Servius 
Tullius  is  unfortunately  lost,  and  the  only  words 
which  remain  are  duodeviginti  censu  maximo ;  but  it 
is  difficult  to  conceive  in  what  way  he  represented 
*?ze  division  of  the  18  centuries  in  the  Servian  con- 
stitution, after  he  had  expressly  said  that  the  or- 
ganization of  the  body  by  Tarquinius  Priscus  had 
continued  unchanged  to  the  time  of  Scipio. 

Cicero  also  differs  from  Livy  respecting  the  num- 
ber of  the  equites.  Scipio  states,  according  to  the 
reading  adopted  in  all  editions  of  the  "  De  Republi- 
ca,"  that  Tarquinius  Priscus  increased  the  original 
number  of  the  equites  to  1200,  and  that  he  subse- 
quently doubled  this  number  after  the  conquest  of 
the  ^Equi,  which  account  would  make  the  whole 
number  2400.  The  MS.,  however,  has  ooACCC, 
which  is  interpreted  to  mean  mille  ac  ducentos ;  but, 
instead  of  this,  Zumpt1  proposes  to  read  qoDCCC, 
1800,  justly  remarking  that  such  a  use  of  ac  never 
occurs  in  Cicero.  This  reading  would  make  the 
number  3600,  which  Zumpt  believes  to  have  been 
the  regular  number  of  the  equites  in  the  flourishing 
times  of  the  Republic.  It  appears,  however,  impos- 
sible to  determine  their  exact  number,  though  there 
are  strong  reasons  for  believing  that  it  was  fixed, 
whether  we  suppose  it  to  have  been  5400,  3600,  or 
2400. 

Both  authors,  however,  agree  in  stating  that  each 
of  the  equites  received  a  horse  from  the  state  (equus 
publicus),  or  money  to  purchase  one,  as  well  as  a 
sum  of  money  for  its  annual  support ;  and  that  the 
expense  of  its  support  was  defrayed  by  the  orphans 
and  unmarried  females  ;  since,  says  Niebuhr,'  "  in 
a  military  state  it  could  not  be  esteemed  unjust  that 
the  women  and  the  children  were  to  contribute 
largely  for  those  who  fought  in  behalf  of  them  and 
of  the  Commonwealth."  According  to  Gains,3  the 
purchase-money  for  a  knight's  horse  was  called  as 
equestre,  and  its  annual  provision  as  hordearium. 
( Vid.  Ms  Hordearium.)  The  former  amounted,  ac- 
cording to  Livy,*  to  10,000  asses,  and  the  latter  to 
2000  :  but  these  sums  art;  so  large  as  to  be  almost 
incredible,  especially  when  we  take  into  account  that 
126  years  afterward  a  sheep  was  only  reckoned  at 
10,  and  an  ox  at  100  asses  in  the  tables  of  penal- 
ties.5 The  correctness  of  these  numbers  has  ac- 
cordingly been  questioned  by  some  modern  writers, 
while  others  have  attempted  to  account  for  the 
largeness  of  the  sum.  Niebuhr6  remarks  that  the 
sum  was  doubtless  intended  not  only  for  the  pur- 
chase of  the  horse,  but  also  for  its  equipment,  which 
would  be  incomplete  without  a  groom  or  slave,  who 
had  to  be  bought  and  then  to  be  mounted.  Bockh7 
supposes  that  the  sums  of  money  in  the  Servian 
census  are  not  given  in  asses  of  a  pound  weight,  but 
in  the  reduced  asses  of  the  first  Punic  war,  when 
they  were  struck  of  the  same  weight  as  the  sextans, 
that  is,  two  ounces,  or  one  sixth  of  the  original 
weight.  {Vid.  As,  p.  110.)  Zumpt  considers  that 
1000  asses  of  the  old  weight  were  given  for  the  pur- 
chase of  the  horse,  and  200  for  its  annual  provision  ; 
and  that  the  original  sum  has  been  retained  in  a 
passage  of  Varro  {equum  publicum  mille  assariorum*). 

1.  ("  Ueber  die  Romischen  Rittcr  und  den  Ritterstand  in 
Rom.,"  Berlin,  1840.)  —  2.  (Hist,  of  Rome,  1.,  p.  461.)  — 3.  (iv., 
*7.)  —  4.  (i.,  43.)  — 5.  (Aul.  Gnll.,  xi.,  1.)— 6.  (i.,  p.  433.)— 7. 
(Metrolog.  Untertuch.,  c.  29.)— 8.  (De  Ling.  Lat.,  viii.,  71,  ed. 
Millar.) 


All  the  equites,  of  whom  we  have  been  &peak  ng, 
received  a  horse  from  the  state,  and  were  included 
in  the  18  equestrian  centuries  of  the  Servian  consti- 
tution ;  but,  in  course  of  time,  we  read  of  anothei 
class  of  equites  in  Roman  history,  who  did  not  re- 
ceive a  horse  from  the  state,  and  were  not  included 
in  the  18  centuries.  This  latter  class  is  first  men 
tioned  by  Livy1  in  his  account  of  the  siege  of  Veii, 
B.C.  403.  He  says  that  during  the  siege,  when  tho 
Romans  had  at  one  time  suffered  great  disasters, 
all  those  citizens  who  had  an  equestrian  fortune, 
and  no  horse  allotted  to  them  (quibus  census  equester 
erat,  equipublici  non  erant),  volunteered  to  serve  with 
their  own  horses  ;  and  he  adds,  that  from  this  time 
equites  first  began  to  serve  with  their  own  horses 
{turn  primum  equis  merere  equites  cozpcrunt).  The 
state  paid  them  {ccrtus  numerus  aris  est  assignatus) 
as  a  kind  of  compensation  for  serving  with  their  own 
horses.  The  foot  soldiers  had  received  pay  a  few 
years  before  ;a  and  two  years  afterward,  B.C.  401, 
the  pay  of  the  equites  was  made  threefold  that  of 
the  infantry.3 

From  the  year  B.C.  403,  there  were  therefore  two 
classes  of  Roman  knights :  one  who  received  horses 
from  the  state,  and  are  therefore  frequently  called 
equites  equo  publico,*  and  sometimes  Flexumines  or 
Trossuli,  the  latter  of  which,  according  to  Gottling, 
is  an  Etruscan  word  ;5  and  another  class,  who  serv- 
ed, when  they  were  required,  with  their  own  horses, 
but  were  not  classed  among  the  18  centuries.  As 
they  served  on  horseback,  they  were  called  equites ; 
and,  when  spoken  of  in  opposition  to  cavalry,  which 
did  not  consist  of  Roman  citizens,  they  were  also 
called  equites  Romani ;  but  they  had  no  legal  claim 
to  the  name  of  equites,  since  in  ancient  times  this 
title  was  strictly  confined  to  those  who  received 
horses  from  the  state,  as  Pliny6  expressly  says, 
"  Equitum  nomen  subsistcbat  i  i  turmis  equorum  pub' 
licorum." 

But  here  two  questions  arise.  Why  did  the 
equites,  who  belonged  to  the  18  centuries,  receive  a 
horse  from  the  state,  and  the  others  not  1  and  how 
was  a  person  admitted  into  each  class  respectively  1 
These  questions  have  occasioned  much  controversy 
among  modern  writers,  but  the  following  account  is 
perhaps  the  most  satisfactory : 

In  the  constitution  of  Servius  Tullius,  all  the  Ro- 
man citizens  were  arranged  in  different  classes  ac- 
cording to  the  amount  of  their  property,  and  it  may 
therefore  fairly  be  presumed  that  a  place  in  the  cen- 
turies of  equites  was-  determined  by  the  same  quali- 
fication. Dionysius7  expressly  says  that  the  equites 
were  chosen  by  Servius  out  of  the  richest  and  most 
illustrious  families  ;  and  Cicero,8  that  they  were  of 
the  highest  census  (censu  maximo).  Livy9  also 
states  that  the  twelve  centuries  formed  by  Servius 
Tullius  consisted  of  the  leading  men  of  the  state. 
None  of  these  writers,  however,  mention  the  prop- 
erty which  was  necessary  to  entitle  a  person  to  a 
place  among  the  equites  ;  but  it  was  probably  of  the 
same  amount  as  in  the  latter  times  of  the  Republic, 
that  is,  four  times  that  of  the  first  class.  Every  one, 
therefore,  who  possessed  the  requisite  property,  and 
whose  character  was  unblemished  (for  the  latter 
qualification  appears  to  have  been  always  necessary 
in  the  ancient  times  of  the  Republic),  was  admitted 
among  the  equites  of  the  Servian  constitution  ;  and 
it  may  be  presumed  that  the  twelve  new  centuries 
were  created  in  order  to  include  all  those  persons  in 
the  state  who  possessed  the  necessary  qualifications. 
Niebuhr,10  however,  supposes  that  the  qualification 


1.  (v.,  7.)— 2.  (Liv.,  iv.,  59.)— 3.  (Liv.,  v.,  12.— Vid.  Niebuhr, 
ii.,  p.  439.)— 4.  (Cic,  Phil.,  vi.,  5.)— 5.  (Plin.,  H.  N.,  xxxiii.,  9 
— Festus,  s.  v.— Gottling,  Gesch.  der  Rdm.  Staatsv.,  p.  372.)—  f 
— (H.  N.,  xxxiii.)— 7.  (iv.,  18.)  — 8.  (De  Rep.,  ii.,  22.)  — 9.  (i. 
43.)— 10.  (Hist,  of  Rome,  i.,  427,  &c.) 

415 


EQU11&&. 


EQUITES. 


of  property  was  only  necessary  for  admission  into 
the  twelve  new  centuries,  and  that  the  statement  of 
Diorysius,  quoted  above,  ought  to  be  confined  to 
ther.e  centuries,  and  not  applied  to  the  whole  eight- 
een. He  maintains  that  the  twelve  centuries  con- 
sisted exclusively  of  plebeians  ;  and  that  the  six  old 
centuries,  which  were  incorporated  by  Servius  into 
his  comitia,  under  the  title  of  the  sex  suffragia,  com- 
prised all  the  patricians,  independent  of  the  amount 
of  property  which  they  possessed.  This  account, 
however,  does  not  seem  to  rest  on  sufficient  evi- 
dence ;  and  we  have,  on  the  contrary,  an  express 
instance  of  a  patrician,  L.  Tarquitius,  B.C.  458,  who 
was  compelled,  on  account  of  his  poverty,  to  serve 
on  foot.1  That  the  six  old  centuries  consisted  en- 
tirely of  patricians  is  most  probable,  since  the  ple- 
beians would  certainly  not  have  been  admitted 
among  the  equites  at  all  till  the  Servian  constitu- 
tion ;  and  as  by  this  constitution  new  centuries 
were  created,  it  is  not  likely  that  any  plebeians 
would  have  been  placed  among  the  ancient  six. 
But  we  have  no  reason  for  supposing  that  these  six 
centuries  contained  the  whole  body  of  patricians,  or 
that  the  twelve  consisted  entirely  of  plebeians.  We 
may  suppose  that  those  patricians  who  belonged  to 
the  six  were  allowed  by  the  Servian  constitution  to 
continue  in  them,  if  they  possessed  the  requisite 
property ;  and  that  all  other  persons  in  the  state, 
whether  patricians  or  plebeians,  who  possessed  the 
requisite  property,  were  admitted  into  the  twelve 
new  centuries.  That  the  latter  were  hot  confined 
to  plebeians  may  be  inferred  from  Livy,  who  says 
that  they  consisted  of  the  leading  men  in  the  state 
(-primores  civitatis),  not  in  the  commonalty. 

As  vacancies  occurred  in  the  eighteen  centuries, 
the  descendants  of  those  who  were  originally  en- 
rolled succeeded  to  their  places,  whether  plebeians 
or  patricians,  provided  they  had  not  dissipated  their 
property  ;  forNiebuhr  goes  too  far  when  he  asserts 
that  all  vacancies  were  filled  according  to  birth,  in- 
dependent of  any  property  qualification.  But  in 
course  of  time,  as  population  and  wealth  increased, 
She  number  of  persons  who  possessed  an  equestrian 
fortune  also  increased  greatly  ;  and  as  the  number 
of  equites  in  the  18  centuries  was  limited,  those 
persons  whose  ancestors  had  not  been  enrolled  in 
the  centuries  could  not  receive  horses  from  the  state, 
and  were  therefore  allowed  the  privilege  of  serving 
with  their  own  horses  among  the  cavalry,  instead  of 
the  infantry,  as  they  would  otherwise  have  been 
obliged  to  have  done.  Thus  arose  the  two  distinct 
classes  of  equites,  which  have  been  already  men- 
tioned. 

The  inspection  of  the  equites  wTho  received  hor- 
ses from  the  state  belonged  to  the  censors,  who  had 
the  power  of  depriving  an  eques  of  his  horse,  and 
reducing  him  to  the  condition  of  an  aerarian,2  and 
also  of  giving  the  vacant  horse  to  the  most  distin- 
guished of  the  equites  who  had  previously  served  at 
their  own  expense.  For  these  purposes  they  made, 
during  their  censorship,  a  public  inspection  in  the 
Forum  of  all  the  knights  who  possessed  public  hor- 
ses (equitatum  rccognoscunt  ;3  equitum  centurias  re- 
cognoscunt*).  The  tribes  were  taken  in  order,  and 
each  knight  was  summoned  by  name.  Every  one, 
as  bis  name  was  called,  walked  past  the  censors, 
leading  his  horse.  This  ceremony  is  represented  on 
the  reverse  of  some  of  the  censorial  coins  which 
have  been  published  by  Spanheim,5  and  which  are 
copied  in  the  annexed  woodcuts.  The  first  is  a  de- 
narius of  the  Licinian  gens,  and  is  supposed  by 
Spanheim  to  have  been  struck  during  the  censor- 


1    (Liv.,  iii.,   T  i  —2.  (Liv.,  xxiv.,  43.)— 3.  (Liv.,  xxxix.,  44.) 
-4    (Val.  Max.,  ii.,  9,  $6*  )—  5.  (De  Priest,  et  TJsu  Numisra., 
ol   ii.,  p.  101,  od  Verburg  ) 

4115 


ship  of  P.  Licinius  Crassus,  who  was  ceittw  with 
Julius  Caesar.1 

The  next  is  the  reverse  of  one  of  the  coins  of 
the  Emperor  Claudius,  in  which  the  emperor  is 
represented  sitting,  while  a  knight  stands  before 
him  leading  his  horse.  The  word  censor  is  written 
underneath,  which  title  we  know,  from  Dion  Cas- 
sius,2  was  assumed  by  some  of  the  emperors. 


If  the  censors  had  no  fault  to  find  either  with  the 
character  of  the  knight  or  the  equipments  of  his 
horse,  they  ordered  him  to  pass  on  (traduc  cquun3) ; 
but  if,  on  the  contrary,  they  considered  him  unwor- 
thy of  his  rank,  they  struck  him  out  of  the  list  of 
knights,  and  deprived  him  of  his  horse,4  or  ordered 
him  to  sell  it,5  with  the  intention,  no  doubt,  that  the 
person  thus  degraded  should  refund  the  money 
which  had  been  advanced  to  him  for  its  purchase  6 
At  the  same  review,  those  equites  who  had  served 
the  regular  time,  and  wished  to  be  discharged,  were 
accustomed  to  give  an  account  to  the  censors  of  the 
campaigns  in  which  they  had  served,  and  were  then 
dismissed  with  honour  or  disgrace,  as  they  might 
have  deserved.7 

This  review  of  the  equites  by  the  censors  must 
not  be  confounded  with  the  Equitum  Transvcctio, 
which  was  a  solemn  procession  of  the  body  every 
year  on  the  Ides  of  Quintilis  (July).  The  procession 
started  from  the  Temple  of  Mars  outside  the  city, 
and  passed  through  the  city,  over  the  Forum,  and  by 
the  Temple  of  the  Dioscuri.  On  this  occasion  the 
equites  were  always  crowned  with  olive  chaplets, 
and  wore  their  state  dress,  the  trabea,  with  all  the 
honourable  distinctions  which  they  had  gained  in 
battle.9  According  to  Livy,9  this  annual  procession 
was  first  established  by  the  censors  Q.  Fabius  and 
P.  Decius,  B.C.  304  ;  but,  according  to  Dionysius,'0 
it  was  instituted  after  the  defeat  of  the  Latins  near 
the  Lake  Regillus,  of  which  an  account  was  brought 
to  Rome  by  the  Dioscuri. 

It  may  be  asked,  how  long  did  the  knight  retain, 
his  public  horse,  and  a  vote  in  the  equestrian  cen- 
tury to  which  he  belonged  1  On  this  subject  ws 
have  no  positive  information  ;  but,  as  those  equites 
who  served  with  their  own  horses  were  only  obliged 
to  serve  for  ten  years  (stipendia,  crpareiag),  under 
the  age  of  46,n  we  may  presume  that  the  same  rule 
extended  to  those  who  served  with  the  public  hor- 
ses, provided  they  wished  to  give  up  the  service. 
For  it  is  certain  that  in  the  ancient  times  of  the 
Republic  a  knight  might  retain  his  horse  as  long  as 
he  pleased,  even  after  he  had  entered  the  senato, 

1.  (Fast.  Capitol. — Cic,  Pro  Arch.,  6,. — Plin.,  II.  N.,  xiii.,  5  / 
—2.  (liii.,  18.)— 3.  (Val.Max.,iv.,l,H0.)-4.  (Liv.,  xxxix.,  44 
—5.  (Liv.,  xxix.,  37.— Val.  Max.,  ii.,  9,  t)  6.)— 6.  (Niebuhr,  Hiri 
cf  Rome,  i.,p.  433.)— 7.  (Plut.,  Pomp.,  c.  22.)— 8.  (Dionys.,  t 
13.)— 9.  (ix.,46.)— 10    ll  c.)— 11    (Polyb.,  vi.,  ID,  $2.) 


EQUITES. 


EQUITES. 


provided  he  continued  able  to  discharge  the  du- 
ties of  a  knight.  Thus  the  two  censors  M.  Livius 
Salinator  and  C.  Claudius  Nero,  in  B.C.  204,  were 
also  equites  ;l  and  L.  Scipio  Asiaticus,  who  was 
deprived  of  his  horse  by  the  censors  in  B.C.  185,2 
had  himsolf  been  censor  in  B.C.  191.  This  is  also 
proved  by  a  fragment  in  the  fourth  book3  of  Cicero's 
•'  De  Republica,"  in  which  he  says,  cquitatus,  in  quo 
guffragia  sunt  ctiam  senatus ;  by  which  he  evidently 
means  that  most  of  the  senators  were  enabled  to 
vote  at  the  Comitia  Centuriata  in  consequence  of 
their  belonging  to  the  equestrian  centuries.  But 
during  the  later  times  of  the  Republic,  the  knights 
were  obliged  to  give  up  their  horses  on  entering  the 
senate,  and,  consequently,  ceased  to  belong  to  the 
equestrian  centuries.  This  regulation  is  alluded  to 
in  the  fragment  of  Cicero  already  referred  to,  in 
which  Scipio  says  that  many  persons  were  anxious 
that  a  plebisciturti  should  be  passed,  ordaining  that 
the  public  hori-ss  should  be  restored  to  the  state, 
which  decree  was,  in  all  probability,  passed  after- 
ward ;  sincr;>  ?.s  Niebuhr  observes,*  "  when  Cicero 
makes  Sci'/'o  speak  of  any  measure  as  intended, 
we  are  to  suppose  that  it  had  actually  taken  place, 
but,  according  to  the  information  possessed  by  Ci- 
cero, was  later  than  the  date  he  assigns  to  Scipio's 
discourse."  That  the  greater  number  of  the  equi- 
tes equo  publico,  after  the  exclusion  of  senators 
from  the  equestrian  centuries,  were  young  men,  is 
proved  by  a  passage  in  the  work  of  Q.  Cicero,  De 
Petitione  Consulatus.* 

The  equestrian  centuries,  of  which  we  have  hith- 
erto been  treating,  were  only  regarded  as  a  division 
of  the  army  ;  they  did  not  form  a  distinct  class  or 
ordo  in  the  constitution.  The  community,  in  a  po- 
litical point  of  view,  was  only  divided  into  patri- 
cians and  plebeians  ;  and  the  equestrian  centuries 
were  composed  of  both.  But  in  the  year  B.C.  123, 
a  new  class,  called  the  Ordo  Equestris,  was  formed 
»n  the  state  by  the  lex  Sempronia,  which  was  intro- 
duced by  C.  Gracchus.  By  this  law  all  the  judices 
had  to  be  chosen  from  those  citizens  who  possessed 
an  equestrian  fortune.*  We  know  very  little  re- 
specting the  provisions  of  this  law ;  but  it  appears 
from  the  lex  Servilia  repetundarum,  passed  18  years 
afterward,  that  every  person  who  was  to  be  chosen 
judex  was  required  to  be  above  30  and  under  60 
years  of  age,  to  have  either  an  equus  publicus,  or  to 
be  qualified  by  his  fortune  to  possess  one,  and  not 
to  be  a  senator.  The  number  of  judices  who  were 
required  yearly  was  chosen  from  this  class  by  the 
praetor  urbanus.7 

As  the  name  of  equites  had  been  originally  ex- 
tended from  those  who  possessed  the  public  horses 
to  those  who  served  with  their  own  horses,  it  now 
came  to  be  applied  to  all  those  persons  who  were 
qualified  by  their  fortunes  to  act  as  judices,  in  which 
sense  the  word  is  usually  used  by  Cicero.  Pliny,8 
indeed,  says  that  those  persons  who  possessed  the 
equestrian  fortune,  but  did  not  serve  as  equites, 
were  only  called  judices,  and  that  the  name  of  equi- 
tes was  always  confined  to  the  possessors  of  the 
equi  publici.  This  may  have  been  the  correct  use 
of  the  term ;  but  custom  had  long  since  given  the 
iiame  of  equites  to  the  judices  chosen  in  accord- 
ance with  the  lex  Sempronia. 

After  the  reform  of  Sulla,  which  entirely  deprived 
the  equestrian  order  of  the  right  of  being  chosen  as 
judices,  and  the  passing  of  the  lex  Aurelia  (B.C.  70), 
which  ordained  that  the  judices  should  be  chosen 
from  the  senators,  equites,  and  tribuni  aerarii,  the 
influence  of  the  order,  says  Pliny,  was  still  main- 

1    (I-iv.,  xxix.,  37.)— 2.  (Liv.,  xxxix.,  44.)— 3.  (c.  2.)— 4.  (i., 
p.  433,  note  1016.)— 5.  (c.  8  )— 6.  (Plut.,  C.  Gracch.,  5.— Appi- 
»n,  De  Bell.  Civ.,  i.,22.-Ta-..,  Ann.,xii.,G0.)—  7.  (Klenze,  Lex 
8«Tv,l,a,  fieri.,  1825.)— 8    (H   N.,  xxxiii.,  7.) 
6  a  m 


tained  by  the  publicani,1  or  farmers  of  the  public 
taxes.  We  find  that  the  publicani  were  almost  al- 
ways called  equites,  not  because  any  particular  rank 
was  necessary  in  order  to  obtain  from  the  state  the 
farming  of  the  taxes,  but  because  the  state  was  not 
accustomed  to  let  them  to  any  one  who  did  not 
possess  a  considerable  fortune.  Thus  the  publica- 
ni are  frequently  spoken  of  by  Cicero  as  identical 
with  the  equestrian  order.a  {Vid.  Publicani.)  The 
consulship  of  Cicero,  and  the  active  part  which  the 
knights  then  took  in  suppressing  the  conspiracy  aC 
Catiline,  tended  still  farther  to  increase  the  power 
and  influence  of  the  equestrian  order;  and  "from 
that  time,"  says  Pliny,3  "it  became  a  third  body 
(corpus)  in  the  state,  and  to  the  title  of  Senatus 
Populusque  Romanus  there  began  to  be  added  Et 
Equestris  Ordo" 

In  B.C.  67,  a  distinction  was  conferred  upon 
them  which  tended  to  separate  them  still  farther 
from  the  plebs.  By  the  lex  Roscia  Othonis,  passed 
in  that  year,  the  first  fourteen  seats  in  the  theatre 
behind  the  orchestra  were  given  to  the  equites,* 
which,  according  to  Cicero5  and  Velleius  Patercu- 
lus,6  was  only  a  restoration  of  an  ancient  privi- 
lege, which  is  alluded  to  by  Livy7  when  he  says 
that  special  seats  were  set  apart  in  the  Circus  Max- 
imus  for  the  senators  and  equites.  They  also  pos- 
sessed the  right  of  wearing  the  clavus  angustus 
{vid.  Clavus,  p.  265),  and  subsequently  obtained 
the  privilege  of  wearing  a  gold  ring,  which  was 
originally  confined  to  the  equites  equo  publico. 

The  number  of  equites  increased  greatly  under 
the  early  emperors,  and  all  persons  were  admitted 
into  the  order,  provided  they  possessed  the  requisite 
property,  without  any  inquiry  into  their  character, 
or  into  the  free  birth  of  their  father  and  grandfather, 
which  had  always  been  required  by  the  censors  un- 
der the  Republic.  Property  became  now  the  only 
qualification  ;  and  the  order,  in  consequence,  grad- 
ually began  to  lose  all  the  consideration  which  it 
had  acquired  during  the  later  times  of  the  Repub* 
lie.  Thus  Horace  says,  with  no  small  degree  01 
contempt, 

"  Si  quadringentis  sex  septem  milia  desunt, 
Plebs  eris."* 

Augustus  formed  a  select  class  of  equites,  coiw 
sisting  of  those  equites  who  possessed  the  property 
of  a  senator,  and  the  old  requirement  of  free  birth 
up  to  the  grandfather.  He  permitted  this  class 
to  wear  the  latus  clavus,'3  and  also  allowed  the 
tribunes  of  the  plebs  to  be  chosen  from  them  as 
well  as  the  senators,  and  gave  them  the  option,  at 
the  termination  of  their  office,  to  remain  in  the  sen- 
ate or  return  to  the  equestrian  order.10  This  class 
of  knights  was  distinguished  by  the  special  title 
illustres  (sometimes  insignes  and  splendidi)  equites 
Romani.11 

The  formation  of  this  distinct  class  tended  to 
lower  the  others  still  more  in  public  estimation.  In 
the  ninth  year  of  the  reign  of  Tiberius  an  attempt 
was  made  to  improve  the  order  by  requiring  the  old 
qualifications  of  free  birth  up  to  the  grandfather, 
and  by  strictly  forbidding  any  one  to  wear  the  gold 
ring  unless  he  possessed  this  qualification.  Thi? 
regulation,  however,  was  of  little  avail,  as  the  em- 
perors frequently  admitted  freedmen  into  the  eques- 
trian order.19  When  private  persons  were  no  longer 
appointed  judices,  the  necessity  for  a  distinct  class 
in  the  community,  like  the  equestrian  order,  ceased 
entirely ;  and  the  gold  ring  came  at  length  to  be 
worn  by  all  free  citizens.    Even  slaves,  after  their 

1.  (Plin.,  H.  N.,  xxxiii.,  8.)— 2.  (ad  Att.,  ii.,  1,  v  8.)— 3.  (1 
c.)-4.  (Liv.,  Epit.,  99.)— 5.  (Pro  Mur.,  19.)— 6.  (ii.,  32  )— 7.  (i., 
35.)— 8.  (Epist.,  i.,  1,  58.)— 9.  (Ovid,  Trist.,  IV..  x.,  35.)— 10. 
(Suet.,  Octav.,  40.— Dion  Cass.,  liv.,  30.)— 11.  (Tacit.,  Ann., 
ii  ,  4,  with  the  note  of  J.ipsius.)— 12.  (Plin.,  II.  N.,  xxxiii.,  8.) 

417 


EQUITES. 


EQUUS. 


maniimission,  were  allowed  to  wear  it  by  special 
permission  from  the  emperor,  which  appears  to  have 
been  usually  granted,  provided  the  patronus  con- 
sented.1 

Having  thus  traced  the  history  of  the  equestrian 
order  to  its  final  extinction  as  a  distinct  class  in  the 
community,  we  must  now  return  to  the  equites 
equo  publico,  who  formed  the  18  equestrian  centu- 
ries.    This  class  still  existed  during  the  latter  years 
of  the  Republic,  but  had  entirely  ceased  to  serve  as 
horse-soldiers  in  the  army.     The  cavalry  of  the 
Roman  legions  no  longer  consisted,  as  in  the  time 
of  Polybius,  of  Roman  equites,  but  their  place  was 
supplied  by  the  cavalry  of  the  allied  states.     It  is 
evident  that  Caesar,  in  his  Gallic  wars,  possessed  no 
Roman  cavalry.2    When  he  went  to  an  interview 
with  Ariovistus,  and  was  obliged  to  take  cavalry 
with  him,  we  are  told  that  he  did  not  dare  to  trust 
his  safety  to   the   Gallic   cavalry,   and  therefore 
mounted  fiis  legionary  soldiers  upon  their  horses.3 
The  Roman  equites  are,  however,  frequently  men- 
tioned in  the  Gallic  and  civil  wars,  but  never  as 
common  soldiers  ;  they  were  officers  attached  to 
the  staff  of  the  general,  or  commanded  the  cavalry 
of  the  allies,  or  sometimes  the  legions.4 

After  the  year  B.C.  50,  there  were  no  censors  in 
the  state,  and  it  would  therefore  follow  that  for 
some  years  no  review  of  the  body  took  place,  and 
that  the  vacancies  were  not  filled  up.  When  Au- 
gustus, however,  took  upon  himself,  in  B.C.  29, 
the  prsefectura  morum,  he  frequently  reviewed  the 
troops  of  equites,  and  restored,  according  to  Sueto- 
nius,5 the  long-neglected  custom  of  the  solemn 
procession  (transvectio) ;  by  which  we  are  probably 
to  understand  that  Augustus  connected  the  review 
of  the  knights  (recognitio)  with  the  annual  procession 
tfransvectio)  of  the  15th  of  July.  From  this  time 
hese  equites  formed  an  honourable  corps,  from 
which  all  the  higher  officers  in  the  army6  and  the 
chief  magistrates  in  the  state  were  chosen.  Ad- 
mission into  this  body  was  equivalent  to  an  intro- 
duction into  public  life,  and  was  therefore  esteemed 
a  great  privilege ;  whence  we  find  it  recorded  in 
inscriptions  that  such  a  person  was  equo  pullico  ho- 
nor atus,  exornatus,  &c,  by  the  emperor.7  If  a 
young  man  was  not  admitted  into  this  body,  he  was 
excluded  from  all  civil  offices  of  any  importance, 
except  in  municipal  towns  ;  and  also  from  all  rank 
in  the  army,  with  the  exception  of  centurion. 

All  those  equites  who  were  not  employed  in  ac- 
tual service  were  obliged  to  reside  at  Rome,8  where 
they  were  allowed  to  fill  the  lower  magistracies, 
which  entitled  a  person  to  admission  into  the  sen- 
ate. Tbey  were  divided  into  six  turmas,  each  of 
which  was  commanded  by  an  officer,  who  is  fre- 
quently mentioned  in  inscriptions  as  Sevir  equitum 
Rom.,  turmx  i.,  n.,  &c,  or,  commonly,  Sevir  turmce, 


Coin  of  Commodus.9 


1.  (Dig.  40,  tit.  10,  s.  3.)— 2.  (Cffis.,  Bell.  Gall.,  i.,  15.)— 3. 
(Id.,  i.,  42.)— 4.  (Id.,  vii.,  70.— Bell.  Civ.,  i.,  77  ;  iii.,  71,  &c.)— 
5  (Octav.,38.)— 6.  (Suet.,  Octav.,  38  ;  Claud.,  25.)— 7.  (Orelli, 
Inscrip.,  No.  3457,  313,  1229.)— 8.  (Dion  Cass.,  lix.,  9.)— 9. 
[Vid.  Spanh.,  De  Praest.  et  Usu  Numism., vol.  ii.,  p.  364.) 
418 


or  Sevir  turmarum  equitum  Romanorum.  From  tn«* 
time  that  the  equites  bestowed  the  title  of  principcs 
juventutis  upon  Caius  and  Lucius  Caesar,  the  grand- 
sons of  Augustus,1  it  became  the  custom  to  confer 
this  title,  as  well  as  that  of  Sevir,  upon  the  proba- 
ble successor  to  the  throne,  when  he  first  entered 
into  public  life  and  was  presented  with  an  equua 
publicus.2 

The  practice  of  filling  all  the  higher  offices  in  the 
state  from  these  equites  appears  to  have  continued 
as  long  as  Rome  was  the  centre  of  the  government 
and  the  residence  of  the  emperor.  They  are  men- 
tioned in  the  time  of  Severus3  and  of  Caracalla,4 
and  perhaps  later.  After  the  time  of  Diocletian, 
the  equites  became  only  a  city  guard,  under  the 
command  of  the  Praefectus  Vigilum  ;  but  they  still 
retained,  in  the  time  of  Valentinianus  and  Valens, 
A.D.  364,  the  second  rank  in  the  city,  and  were 
not  subject  to  corporeal  punishment.5 

The  preceding  account  of  the  equites  has  been 
principally  taken  from  the  essay  of  Zumpt  already 
referred  to  ;  to  which,  and  to  the  valuable  work  of 
Marquardt,  Histories.  Equitum  Romanorum  libri  iv., 
Berlin,  1840,  the  reader  is  referred  for  a  fuller  ex- 
planation of  those  points  which  have  been  necessa- 
rily treated  with  brevity  in  this  article.  Respecting 
the  Magister  Equitum,  vid.  Dictator,  p.  361. 

EQUULEUS  or  ECULEUS  was  an  instrument 
of  torture,  which  is  supposed  to  have  been  so 
called  because  it  was  in  the  form  of  a  horse.  We 
have  no  description  of  its  form  given  by  any  of  the 
ancient  writers,  but  it  appears  not  to  have  differed 
greatly  from  the  crux.6  It  appears  to  have  been 
commonly  used  at  Rome  in  taking  the  evidence  of 
slaves.7 

*EQUUS  (t7r7ror),  the  Horse.     The  native  coun- 
try of  this  animal  is  unknown.     The  Horse  waa 
highly  esteemed  among  the  Egyptians,  who  appear 
to  have  had  an  excellent  breed,  and,  besides  those 
required  for  the  army  and  private  use,  many  were 
sold  to  foreign  traders  who  visited  the  country.8 
Among  the  Greeks,  the  public  games,  where  racing 
formed  so  conspicuous  a  part,  always  induced  great 
attention  to  be  paid  to  this  noble  animal.     The 
Greek  horse  appears  to  have  been  quite  small  in 
size,  if  any  idea  can  be  formed  of  its  proportions 
from  the  bas-reliefs  of  the  frieze  of  the  Parthenon, 
forming  part  of  the  Elgin  marbles.   Flaxman  speaks 
in  terms  of  high  eulogium  of  the  manner  in  which 
these  steeds  are  represented  by  the  artist.     "  The 
beholder,"  he  remarks.  "  is  charmed  with  the  deer- 
like lightness  and  elegance  of  their  make ;   and, 
although  the  relief  is  not  above  an  inch  from  the 
background,  and  they  are  so  much  smaller  than 
nature,  we  can  scarcely  suffer  reason  to  persuade 
us  that  they  are  not  alive."     Horses  were  sold  in 
Attica  for  comparatively  high  prices,  not  only  on 
account  of  their  utility,  and  the  difficulty  of  keeping 
them,  but  from  the  disposition  of  the  Athenians  to 
extravagance  and  display:  while  the  knights  kept 
expensive  horses  for  military  service  and  proces- 
sions at  the  festivals,  and  while  men  of  ambition 
and  high  rank  trained  them  for  the  games  and 
races,  there  arose,  particularly  among  the  young 
men,  an  excessive  passion  for  horses,  of  which 
Aristophanes  gives  an  example  in  the  Clouds,  and 
which  is  recorded  by  several  ancient  writers,  so 
that  many  persons  were  impoverished  by  keeping 
them.     The  price  of  a  common  horse  was  three 


1.  (Tacit.,  Ann.,  i.,  3.— Monum.  Ancyr.)— 2.  (Capitol.,  M. 
Anton.  Phi' .,  6.— Lamprid.,  Commod.,  1.)— 3.  (Gruter,  Inscrip., 
p.  1001,5.-  -Papiiuan  in  Dig.  29,  tit.  1,  s.  43.)— 4.  (Gruter,  n. 
379.  7.)— 5.  (Cod.  Theodos.,  6,  tit.  36.)— 6.  (Cic,  Pro  Mil,  c. 
21,  'compared  with  "certa  crux,"  c.  22.)— 7.  (Vid.  Sigonius,  Dfl 
Judiciis,  iii.,  17. — Magius,  "  De  Equuleo,"  in  Sallengrc's  Nov. 
Thesaur.  Ant.  Rom.,  vol.  ii.,  p.  1211,  &c.) — 8.  (Wilkinson's 
Egyptians,  vol.  i.,  p.  20,  2d  series.) 


EHANOI. 


ERICA. 


mmas ;  but  a  good  saddle-horse,  or  a  horse  for  run- 
ning in  chariot-races,  according  to  Aristophanes, 
cost  twelve  minas.  Sometimes,  however,  fashion, 
or  fancy  for  horses,  raised  their  price  beyond  all 
limits.  Thus  thirteen  talents  were  given  for  Bu- 
cephalus.1 The  Romans,  if  nature  had  not  furnished 
the  horses  with  a  proud  and  lofty  action,  used  to  tie 
rollers  of  wood  and  weights  to  their  pastern  joints, 
to  compel  them  to  lift  their  feet,  a  practice  particu- 
larly required  to  go  safely,  skilfully,  and  with  ease 
to  the  rider,  in  the  amble.  This  was  the  favourite 
pace  with  the  Romans.  The  Greeks  tried  their 
horses  by  a  bell,  and  other  loud  and  sudden  noises. 
Such  horses  as  were  worn  out,  and  unfit  to  serve 
with  the  troops,  were  turned  out,  and,  as  a  mark  of 
dismission,  were  branded  in  the  jaw  with  the  figure 
of  a  circle  or  a  wheel.  Virgil  says  f^at  the  fleet- 
est steeds  among  the  Greeks  came  irom  Epirus ; 
the  studs  of  Corinth,  however,  were  also  remark- 
able for  their  excellence,  and  the  breed  was  traced 
back  by  the  register-books  to  Pegasus.  It  was  cus- 
tomary to  mark  horses  of  this  breed  with  a  koppa 
on  the  shoulder,  whence  the  term  KoiiTrariac  (sc. 

ItTTTOC)? 

ER'ANOI  (epavoi)  were  clubs  or  societies  estab- 
lished for  charitable  or  convivial  purposes,  or  for 
both.  They  were  very  common  at  Athens,  and 
suited  the  temper  of  the  people,  who  were  both  so- 
cial and  generous.  The  term  epavoc,  in  the  sense 
of  a  convivial  party,  is  of  ancient  date.3  It  resem- 
bled our  picnics,  or  the  German  pikeniks,  and  was 
also  called  delnvov  airo  GTcvpidoe  or  and  av/j.6o2,cov  : 
where  every  guest  brought  his  own  dish,  or  (to  save 
trouble)  one  was  deputed  to  cater  for  the  rest,  and 
was  afterward  repaid  by  contributions.  (Vid.  Deip- 
nox.)  The  clubs  that  were  formed  at  Athens  used 
to  dine  together  at  stated  periods,  as  once  a  month  ; 
and  every  member  was  bound  to  pay  his  subscrip- 
tion, which  (as  well  as  the  society  itself)  was  called 
Ipavoc,  and  the  members  epaviorai.  If  any  member 
failed  to  pay,  the  sum  was  made  up  by  the  president, 
kpavdpxrjc,  also  called  tt?.tiput?jc  kpdvov,  who  after- 
ward recovered  it,  if  he  could,  from  the  defaulter. 
WAripovv  kpavov  often  means  simply  to  pay  the  sub- 
scription, as  "he'nzeiv  or  exheiTreiv,  to  make  default.* 

There  were  also  associations  under  this  name  for 
the  purpose  of  mutual  relief,  resembling  in  some  de- 
gree our  friendly  or  benefit  societies  ;  but  with  this 
essential  difference,  that  the  relief  which  they  af- 
forded was  not  (as  it  is  with  us)  based  upon  any 
calculation  of  natural  contingencies,  but  was  given 
pro  re  nata,  to  such  poor  members  as  stood  in  need 
of  it.  The  Athenian  societies  do  not  appear  to  have 
kept  up  a  common  fund  by  regular  subscriptions, 
though  it  is  probable  that  the  sum  which  each  mem- 
ber was  expected  to  advance,  in  case  of  need,  was 
pretty  well  understood.  If  a  man  was  reduced  to 
poverty,  or  in  distress  for  money  from  any  cause,  he 
applied  to  the  members  of  his  club  for  assistance  ; 
this  was  called  avXAeyeiv  epavov  :  those  who  advan- 
ced it  were  said  kpavl&iv  avrCy :  the  relief  was  con- 
sidered as  a  loan,  repayable  by  the  borrower  when 
in  better  circumstances.  Isaeus5  reckons  among  the 
assets  of  a  person,  e£  epuvtjv  ofay/iara  eio7Te7Tpay\ie- 
va,  from  which  we  may  infer  that  each  contributor 
was  entitled  to  recover  the  sum  he  had  lent.  For 
the  recovery  of  such  loans,  and  for  the  decision  of 
other  disputes,  there  were  kpavmal  dUai,  in  which 
a  summary  and  equitable  kind  of  justice  was  ad- 
ministered. Plato6  disapproved  of  lawsuits  in  such 
matters,  and  would  not  allow  them  in  his  Republic. 

Salmasius  contends  that,  wherever  the  term  epa- 

1.  (Bockh,  Publ.  Econ.  of  Athens,  vol.  i.,  p.  101,  transl.)— 2. 
(Mitchell  ad  Aristoph.,  Nub.,  23.)— 3.  fHor-i.,  Od.,  i.,  226.)— 4. 
(Demosth.,  c.  Aphob.,  821  ;  c.  Meid.,  547  ;  c.  Aristog.,  776.)— 5. 
JDe  Hagn  H=ered.,  294  1—6  (Leg.,  xi.,  p.  915.) 


voc  is  applied  to  an  established  society,  it  ine&iis 
only  a  convivial  club,  and  that  there  were  no  regu- 
lar associations  for  the  purposes  of  charity  ;  but 
others  have  held  a  different  opinion.1  It  is  not 
probable  that  many  permanent  societies  were  form 
ed  with  the  sole  view  of  feasting.  We  know  that 
at  Athens,  as  well  as  in  the  other  Grecian  Repub- 
lics, there  were  clubs  for  various  purposes,  political 
as  well  as  social ;  the  members  of  which  would 
naturally  meet,  and  dine  together  at  certain  periods 
Such  were  the  religious  companies  (diaaoi),  the 
commercial  (e/nropiKai),  and  some  others.8  Unions 
of  this  kind  were  called  by  the  general  name  of  erai- 
piai,  and  were  often  converted  to  mischievous  ends, 
such  as  bribery,  overawing  the  public  assembly,  or 
influencing  courts  of  justice.3  In  the  days  of  the 
Roman  Empire,  friendly  societies,  under  the  name 
of  epavoi,  were  frequent  among  the  Greek  cities, 
but  were  looked  on  with  suspicion  by  the  emperors 
as  leading  to  political  combinations.*  The  gilds,  or 
fraternities  for  mutual  aid,  among  the  ancient  Sax- 
ons, resembled  the  epavoi  of  the  Greeks.5  Com- 
pare also  the  ayanal,  or  love-feasts  of  the  early 
Christians. 

The  word  epavoc  is  often  used  metaphorically,  to 
signify  any  contributions  or  friendly  advance  of 
money. 

*EREBINTHUS  (epe6tv6oc),  a  sort  of  small  pea 
or  vetch,  Chickpea.  "  Of  the  three  species  or  vari- 
eties of  the  epefjivdoc  noticed  by  Dioscorides,  the 
only  one  that  can  be  satisfactorily  determined,"  ob- 
serves Adams,  "  is  the  Kpioc,  which  is  undoubtedly 
the  Cicer  arietanum."6 

*ERE'TRIA  TERRA  ('Eperpidc  yv),  Eretrian 
Earth,  an  impure  argil,  of  a  snow-white  colour,  ob- 
tained near  the  city  of  Eretria,  in  Euboea.7 

ERGA'STULUM  was  a  private  prison  attached 
to  most  Roman  farms,  called  career  rusticus  by  Ju- 
venal,8 where  the  slaves  were  made  to  work  in 
chains.  It  appears  to  have  been  usually  under 
ground,  and,  according  to  Columella,9  ought  to  be 
lighted  by  narrow  windows,  which  should  be  too 
high  from  the  ground  to  be  touched  by  the  hand. 
The  slaves  confined  in  an  ergastulum  were  also 
employed  to  cultivate  the  fields  in  chains.10  Slaves 
who  had  displeased  their  masters  were  punished  by 
imprisonment  in  the  ergastulum  ;  and  in  the  same 
place  all  slaves  who  could  not  be  depended  upon,  or 
were  barbarous  in  their  habits,  were  regularly  kept. 
A  trustworthy  slave  had  the  care  of  the  ergastulum, 
and  was,  therefore,  called  ergastularius.11  Accord- 
ing to  Plutarch,18  these  prisons  arose  in  consequence 
of  the  conquest  of  Italy  by  the  Romans,  and  the 
great  number  of  barbarous  slaves  who  were  em- 
ployed to  cultivate  the  conquered  lands.  In  the 
time  of  Hadrian  and  Antoninus,  many  enactments 
were  made  to  ameliorate  the  condition  of  slaves  ; 
and,  among  other  salutary  measures,  Hadrian  abol- 
ished the  ergastula,  which  must  have  been  liable  to 
great  abuse  in  the  hands  of  tyrannical  masters.13 
For  farther  information  on  the  subject,  vid.  Brisso- 
nius,  Antiq.  Select.,  ii.,  9. — Lipsius,  Elect.,  ii.,  15. 
Opera,  vol.  i.,  p.  317,  &c. — Gottling,  Gesch.  der  Rom 
Staatsv.,  p.  135. 

*ERI'CA  {epiKT}  or  epeiKTj),  the  Tree-heath,  or 
Erica  arborea,  mentioned  by  Theophrastus  and  Di- 
oscorides.1* 


1.  (Vid.  Salmas.,  De  TJsuris,  c.  3. — Obs.  ad  jus  Att.  et  Rom., 
and  Herald.,  Animadv.  in  Sal.,  referred  to  in  Meier's  Att.  Proc., 
p.  540.)— 2.  (Bockh,  Publ.  Econ.  of  Athens,  i.,  p.  328,  329.)— 3. 
(Thucyd.,  iii.,  82.— Demosth.,  De  Coron.,  329.— Thirhvall,  Gr. 
Hist.,  vol.  iv.,  p.  36.)— 4.  (Plin.,  Ep.,  x.,  93,  94.)— 5.  (Turner's 
Hist,  of  the  Anglo-Saxons,  iv.,  10.)— 6.  (Theophrast  H.  P.,  viii., 
1. — Dioscor.,  ii.,  126. — Adams,  Append.,  s.  v.) — 7.  (Dioscor.,  v., 
170.)— 8.  (xiv.,  24.)— 9.  (i.,  6.)— 10.  (Plin.,  H.  N.,  xviii.,  7,  $  4  — 
Flor.,  iii.,  19.)— 11.  (Colum.,  i.,  8.)— 12.  (Tib.  Gracch.,  8.)— 12 
(Spart.,  Hadr.,  18,  compared  with  Gaius,  i.,  53.) — 14  (TL?> 
phrast.,  H.  P  ,  i.,  23  ;  ix.,  11.— Dirtcor  ,  i.,  47  ) 

41Q 


ERYTHRODANUM. 


ESSEDA. 


EIU'CIUS  was  a  military  engine,  full  of  sharp 
spikes,  which  was  placed  by  the  gate  of  the  camp 
to  prevent  the  approach  of  the  enemy.1 

♦ERIN'EUS  (epiveog),  the  Wild  Fig-tree,  or  Ficus 
Carica,  L.     (Vid.  Ficus.)a 

*ERrNUS  (epivog),  according  to  Sprengel,  the 
Campanula  Erinus.  Matthiolus  and  Bauhin,  how- 
ever, are  quite  undecided  about  it.3 

*EPIO$OPON  AENAPON,  the  Cotton-tree,  or 
Gossypium  arboreum.  Virgil  is  supposed  to  allude 
to  it  in  the  following  line :  "  Quid  nemora  jEthiopum, 
mMli  canentia  lana?"* 

*ERO'DIUS,  the  Heron.     (Vid.  Ardea.) 

EROTIA  or  EROTIDIA  ('Epwno  or  'Eporidia) 
was  -the  most  solemn  of  all  the  festivals  celebrated 
in  the  Boeotian  town  of  Thespise.  It  took  place 
every  fifth  year,  and  in  honour  of  Eros,  the  princi- 
pal divinity  of  the  Thespians.  Respecting  the  par- 
ticulars nothing  is  known,  except  that  it  was  sol- 
emnized with  contests  in  music  and  gymnastics.5 
The  worship  of  Eros  seems  to  have  been  establish- 
ed at  Thespise  from  the  earliest  times  ;  and  the  an- 
cient symbolic  representation  of  the  god,  a  rude 
stone  (apybg  lidog),  continued  to  be  looked  upon 
with  particular  reverence,  even  when  sculpture  had 
attained  the  highest  degree  of  perfection  among  the 
Greeks.6 

♦ERU'CA,  I.  a  species  of  Palmer  or  Cank- 
er-worm, very  injurious  to  trees,  the  leaves  and 
blossoms  of  which  it  eats  completely  off.  This 
scourge  of  vegetation  is  produced,  according  to 
Pliny,  during  a  humid  season,  and  one  only  moder- 
ately warm.7 

*II.  The  herb  Rocket,  or  Brassica  Eruca,  the 
same  with  the  evfa/iov  of  the  Greeks.  The  seed 
were  used  by  the  ancients  as  a  condiment  in  food, 
and  were  employed  in  place  of  mustard  in  Iberia. 
They  were  also  used  as  an  aphrodisiac.  Dioscori- 
des8 and  Fiiny9  make  mention  of  two  kinds,  the  sa- 
tivum and  agreste,  the  latter  being  the  wild  kind. 
Sibthorp  found  this  plant  at  Athens,  and  also  among 
the  vineyards  in  the  islands  of  the  Archipelago. — 
The  Greek  name  ev&fiov  comes  from  ev,  and  &[ios, 
"  broth,"  indicating  its  being  employed  in  seasoning 
broth ;  the  Latin  appellation  is  explained  by  Pliny, 
with  reference  to  the  pungent  properties  of  Rocket, 
"  quod  vellicando  linguam  quasi  erodat." 

*ERVUM,  the  Tare,  or  Ervum  Ervilia,  the  same 
with  the  Greek  opo6og.  The  ancient  writers  speak 
of  two  kinds,  the  sativum  and  sylvestre.  Dioscori- 
des10  subdivides  the  former  into  the  red  and  the  white, 
from  the  colour  of  the  flowers.  Aristotle,  Columel- 
la,11 and  Pliny12  make  mention  of  it  as  used  to  fatten 
cattle.  The  modern  Greeks  still  call  it  />6fo,  applying 
this  name  to  both  the  cultivated  and  the  wild  kind.13 

♦ERYNGIUM  (ypvyyiov),  the  herb  Eryngo,  oth- 
erwise called  Sea-holm  or  Sea-holly.  "Eryngo," 
says  Woodville,  "  is  supposed  to  be  the  rjpvyyiov 
of  Dioscorides."1*  Sprengel,  however,  makes  the 
r/pvyyiov  of  Theophrastus15  to  be  the  Eryngium  mari- 
ttmum,  but  Stackhouse  prefers  the  Eryngium  cam- 
pestre.  Sprengel,  in  his  R.  H.  H.,  refers  the  vpvyy- 
lov  of  Dioscorides  to  the  Eryngium  planum,  but  m 
his  edition  of  Dioscorides  he  admits  his  uncertainty 
about  the  species.16 

*ERYTHROD'ANUM  (hpvdpoSavov).  "It  can 
admit  of  no  doubt,"  observes  Adams,  "  that  the 
kpvdpodavov  of  Dioscorides  and  Galen17  is  the  Rubia 

1.  (Css.,  Bell.  Civ.,  iii.,  67.— Sallust,  ap.  Non..  xviii.,  16— Lip- 
«ius,  Poliorcet.,  v.,  4.)— 2.  (Horn.,  Il.,vi.,433.—  Theophrast.,  H. 
P.,ii.,  2.)— 3.  (Dioscor.,  iv.,  29.)— 4.  (Theophrast.,  H.  P.,  iv.,  7. 
— Virg.,  Georg..  ii.,  120.— Adams,  Append.,  s.  v.)  — 5.  (Plut , 
Erot.,  ix.,  1.— Paus.,  ix.,  31,  y  3— Athen.,  xiii.,  p.  561.)  — 6 
(Paus.,  ix.,  27,  y  1.— Compare  Schol.  ad  Pind.,  Olymp.,  vii.,  154.) 
-7.  (H.  N.,  xvii.,  24.)-8.  (ii.,  170.)-9.  (H.  N.,  xx.,  13.)— 10. 
(ii.,  131.)—11.  (ii..  11  ;  vi  ,  3.)  — 12.  (H.  N.,  xxviii.,  15.)  —  13. 
(Billerbeck,  Flora  Classica,  p.  188.)— 14.  (in.,  21.)— 15.  (H.  P., 
*i.,  1.)— 16.  (Adams,  Append.,  s.  v.)— 17.  (ui.  150.) 
420 


tinctorum  or  dyer's  Madder.  Sprengel  is  disposed 
to  question  whether  the  epvdidavov  of  Theophras- 
tus1 be  the  same,  and  hesitates  whether  to  make  il 
the  Rubia  lucida,  Galium  cruciatum,  Sm.,  or  the  As- 
perula  odorata.  Stackhouse,  however,  holds  it  also 
to  be  the  Rubia  tinctorum."2 

*ERYTHHOPUS  (epvdpoirov^),  a  bird  mentioned 
in  the  Aves  of  Aristophanes.3  It  was  most  proba- 
bly, according  to  Adams,  either  the  Redshank  (Seo- 
lopax  calidris)  or  the  Bilcock  (Rallus  aquaticus*). 

*ERYTHRON'IUM  (epvdpovcov),  a  plant,  about 
which  it  is  difficult  to  form  any  certain  opinion.  It 
is  most  probably,  however,  what  is  called  Dogs- 
tooth,  or  Erythronium  Dens  Canis* 

ERYCTE'RES  (epvKTijpsc)  was  the  name  given  to 
the  Spartan  slaves  who  followed  their  masters  to  the 
wars,  and  who  appear  to  have  been,  in  course  of 
time,  manumitted.  The  name  is  supposed  by  Muller 
to  have  been  given  to  them  in  allusion  to  their  duty 
of  drawing  (tpvKetv)  the  wounded  from  the  ranks.' 

*ESCH'ARUS  {eoxapos),  the  name  of  a  fish  brief- 
ly noticed  by  Athenaeus,  and  called  also  aopiQ .  Ron- 
delet  supposes  it  a  species  or  variety  of  Sole,  name- 
ly, Pleuronectes  solea  " 

ESOPTRON  {eooTTTpov)      (Vid.  Speculum.) 

ESSEDA'RII.     (Vid.  Esseda.) 

E'SSEDA  or  E'SSEDUM  (from  the  Celtic  Essy 
a  carriage8),  the  name  of  a  chariot  used,  especially 
in  war,  by  the  Britons,  the  Gauls,  and  Belgae,9  and 
also  by  the  Germans.10 

According  to  the  account  given  by  Caesar,11  arid 
agreeably  to  the  remarks  of  Diodorus  Siculus,13  the 
method  of  using  the  essedum  in  the  ancient  British 
army  was  very  similar  to  the  practice  of  the  Greeks 
in  the  heroic  ages,  as  described  by  Homer,  and  in 
the  article  Currus,  p.  332,  323.  The  principal  dif- 
ference seems  to  have  been  that  the  essedum  was 
stronger  and  more  ponderous  than  the  6i^pog ;  that 
it  was  open  before  instead  of  behind ;  and  that,  in 
consequence  of  these  circumstances  and  the  width 
of  the  pole,  the  owner  was  able,  whenever  he  pleas- 
ed, to  run  along  the  pole  (de  temone  Britanno  exci- 
del13),  and  even  to  raise  himself  upon  the  yoke,  and 
then  to  retreat  with  the  greatest  speed  into  the  body 
of  the  car,  which  he  drove  with  extraordinary  swift- 
ness and  skill.  It  appears,  also,  that  these  cars  were 
purposely  made  as  noisy  as  possible,  probably  by  the 
creaking  and  clanging  of  the  wheels  (strepitu  rota- 
rum  ;14  Esseda  mul/isonora15) ;  and  that  this  was* 
done  in  order  to  strike  dismay  into  the  enemy.  The 
formidable  British  warriors  who  drove  these  char- 
iots, the  "car-borne"  of  Ossian,  were  called  in  Latin 
essedarii.16  There  were  about  4000  of  them  in  the 
army  of  Cassibelaunus.17  Having  been  captured, 
they  were  sometimes  exhibited  in  the  gladiatorial 
shows  at  Rome,  and  seem  to  have  been  great  fa- 
vourites with  the  people.18  They  must  have  held 
the  highest  rank  in  the  armies  of  their  own  country ; 
and  Tacitus19  observes  that  the  driver  of  the  car 
ranked  above  his  fighting  companion,  which  was 
the  reverse  of  the  Greek  usage. 

The  essedum  was  adopted  for  purposes  of  con- 
venience and  luxury  among  the  Romans.30  Cicero" 
mentions  the  use  of  it  on  one  occasion  by  the  tribune 
of  the  people  as  a  piece  of  extravagance  ;  but  in 
the  time  of  Seneca  it  seems  to  have  been  much 


1.  (vi.,  1;  vii.,  19,  &c.)  —  2.  (Adams,  Append.,  s.  v.)  — 3. 
(304.)— 4.)  Adams,  Append.,  s.  v.)— 5.  (Dioscor.,  iii.,  134.— Bau- 
hin, Pinax,  p.  128.— Sprengel,  ad  Dioscor.,  p.  554.— Adams,  Ap- 
pend., s.  v.)— 6.  (Athen.,  p.  271,  F  —  Muller,  Dor.,  3,  iii.,  y  2.)— 
7.  (Adams,  Append.,  s.  v.)— 8.  (Ginzrot,  i.,  p.  377.)— 9.  (Virg., 
Georg.,  iii.,  204.  —  Servius,  ad  loc.)  —  10.  (Pers.,  vi.,  47.)  —11. 
(Bell  Gall.,  iv.,  33.)  -  12.  (v.,  21,  29.)  -  13.  (Juv.,  iv.,  125.)- 
14.  (Caes.,  1.  c  —  Compare  Tacit.,  Agric,  35.)  —15.  (Claud., 
Epigr.,  iv.)— 16.  (C<es.,  B.  G.,  iv.,  24.— Cic.  ad  Fam.,  vii.,  6.)— 
17.  (Cffis.,  B.  G.,  v.,  19.)  — 18.  (Sueton.,  Calig.,  35.  — Claud, 
26.)  —  19.  (Agric,  12.)  —  20.  (Propert.,  ii..  1 ,  76.)  —  SI  (PhiL, 
ii.,  24.) 


EULAI. 


EUPATORIUM. 


more  common  ;  for  he1  reckons  the  sound  of  the 
11  essedae  transcurrentes"  among  those  noises  which 
did  not  distract  him.  As  used  hy  the  Romans,  the 
essedum  may  have  differed  from  the  cisium  in  this, 
that  the  cisium  was  drawn  by  one  horse  (see  wood- 
cut, p.  257),  the  essedum  always  by  a  pair.  The 
3sscdum  must  have  been  similar  to  the  Covinus, 
except  that  the  latter  had  a  cover. 

*EULAI  (dial),  Worms.  This  term  is  used  by 
the  Greek  writers  on  Natural  History  in  much  the 
same  sense,  and  with  the  same  latitude,  as  the 
Latin  term  Vermes  is  applied  by  Cuvier  and  our 
late  naturalists.  "  The  names  of  worms,  a/cwA^, 
tvlal,  Mfiivc,  in  Greek,  and  Vermes  in  Latin,  were 
employed  by  the  ancients,"  observes  Griffith,  "to 
designate  certain  animals  which  to  a  certain  degree 
they  suited,  with  much  more  reference,  however,  to 
their  elongated  form  of  body  than  to  the  softness 
of  their  composition.  But,  as  we  have  just  seen, 
the  Greeks  had  three  words  for  these  beings,  each 
of  which  had  its  peculiar  signification.  From  what 
Aristotle  tells  us  of  his  oKuXijt;  (a  word,  the  root  of 
which  is  undoubtedly  <r/co/U6c,  'tortuous'),  it  is  ev- 
ident that  it  applied  to  all  the  animals  which  exhib- 
ited the  form  of  the  common  worm,  or  rather,  per- 
haps, whose  movements  were  tortuous,  whatever 
might  be  the  nature  of  the  change  which  they  were 
subsequently  to  undergo.  It  would  seem,  however, 
that  it  was  more  especially  applied  to  the  first  de- 
gree of  development  in  insects,  to  the  state  in 
which  they  appear  on  issuing  from  the  egg  of  the 
parent.  Aristotle  certainly  extends  its  application 
no  farther  than  to  insects.  Such,  however,  is  not 
the  case  with  ^Elian.  In  two  places  of  his  work  on 
the  nature  of  animals,  where  this  expression  oc- 
curs, he  evidently  intends  the  lumbrici,  or  intesti- 
nal worms  ;  in  a  third,  it  is  probable  that  he  alludes 
to  the  caterpillar  of  the  cabbage-butterfly ;  and  in 
a  fourth,  he  thus  designates,  after  Ctesias,  some  fab- 
ulous animal,  although  he  states  it  to  belong  to  the 
genus  of  those  which  are  nourished  and  engendered 
in  wood.  The  term  evXal  appears  to  have  been 
also  employed  to  designate  the  form  under  which 
some  insects  exist  for  a  greater  or  less  period  of 
time,  since  we  find  it  applied  to  animals  which  in- 
habit putrid  flesh,  and  also  wounds  and  ulcers.  Its 
extension,  therefore,  was  not  very  great.  iElian 
likewise  employs  it  to  designate  what,  in  all  proba- 
bility, was  a  larva,  when  he  tells  us  that  in  India  the 
peasants  remove  the  land-tortoises  from  their  shell 
with  a  mattock,  in  the  same  manner  as  they  re- 
move the  worms  from  plants  which  are  infested 
by  them.  Finally,  the  word  Vkfiivc,,  which  is  fre- 
quently used  by  Hippocrates  in  many  of  his  works, 
and,  among  others,  in  his  General  Treatise  on  Dis- 
eases, was  applied  by  him  to  those  animals  which 
are  at  present  known  under  the  denomination  of 
intestinal  worms,  of  which  he  was  acquainted  with 
hut  a  small  number  of  species.  Aristotle  has  em- 
ployed it  in  the  same  manner,  as  well  as  JSlian,  eve- 
ry time  that  he  speaks  of  the  substances  which  are 
used  to  rid  dogs  of  the  worms  to  which  they  are 
subject.  The  Latin  authors,  and  Pliny  among  the 
rest,  appear  to  have  restricted  the  word  lumbricus 
to  the  intestinal  worms,  and  to  have  rendered  the 
three  Gre°k  denominations  by  a  single  one,  that  of 
Vermes,  ft?m  which  it  has  happened  that  the  mod- 
erns ha^e  been  led  to  the  same  confusion  by  the 
word  worms,  which,  as  well  as  the  French  word 
vers,  is  evidently  derived  from  the  Latin.  All  the 
oth^r  animals,  which  they  comprehended  under  the 
name  of  Exsanguia,  meaning  by  that  term  that  they 
had  not  red  blood,  were  divided  into  the  three  class- 
es of  Insecta,  Mollusca,  and  Zoophyta.  The  term 
Vermes  did  not  then  possess  that  undue  extension 

1.  (Epist.,  57.) 


which  it  obtained  among  the  naturalists  of  the  last 
century,  with  whom  it  at  last  comprehended  all  an- 
imals with  the  exception  of  the  Vertebrata,  the  In- 
secta, and  the  Crustacea.'" 

EUMOLP'IDAI  {EvfiolmSai),  the  most  distin- 
guished and  venerable  among  the  priestly  families 
in  Attica.  They  were  devoted  to  the  service  of 
Demeter  at  Athens  and  Eleusis,  and  were  said  to 
be  the  descendants  of  the  Thracian  bard  Eumolpus, 
who,  according  to  some  legends,  had  introduced 
the  Eleusinian  mysteries  into  Attica.2  The  high- 
priest  of  the  Eleusinian  goddess  (lepofuvTqc.  or  fiver 
Tayoyoc.),  who  conducted  the  celebration  of  her 
mysteries  and  the  initiation  of  the  myslae,  was  al- 
ways a  member  of  the  family  of  the  Eumolpidae,  as 
Eumolpus  himself  was  believed  to  have  been  the 
first  hierophant.3  In  his  external  appearance  the 
hierophant  was  distinguished  by  a  peculiar  cut  of 
his  hair,  a  kind  of  diadem  (arpo^cov),  and  a  long 
purple  robe.*  In  his  voice  he  seems  always  to 
have  affected  a  solemn  tone  suited  to  the  sacred 
character  of  his  office,  which  he  held  for  life,  and 
which  obliged  him  to  remain  unmarried.5  The  hi- 
erophant was  attended  by  four  emfielyTai,  one  of 
whom  likewise  belonged  to  the  family  of  the  Eu- 
molpidae.' Other  members  of  their  family  do  not 
seem  to  have  had  any  particular  functions  at  the 
Eleusinia,  though  they  undoubtedly  took  part  in  the 
great  procession  to  Eleusis.  The  Eumolpidae  had 
on  certain  occasions  to  offer  up  prayers  for  the  wel- 
fare of  the  state,  and  in  case  of  neglect  they  might; 
be  taken  to  account  and  punished ;  for  they  were, 
like  all  other  priests  and  magistrates,  responsible 
for  their  conduct,  and  for  the  sacred  treasures  in- 
trusted to  their  care.7    (Compare  Euthyne.) 

The  Eumolpidae  had  also  judicial  power  in  cases 
where  religion  was  violated  (mpl  aoeSeiac.9).  This 
power  probably  belonged  to  this  family  from  the 
earliest  times,  and  Solon  as  well  as  Pericles  do  not 
seem  to  have  made  any  alteration  in  this  respect. 
Whether  the  religious  court  acted  independent  of 
the  archon  king,  or  under  his  guidance,  is  un- 
certain. The  law,  according  to  which  they  pro- 
nounced their  sentence,  and  of  which  they  had  the 
exclusive  possession,  was  not  written,  but  handed 
down  by  tradition  ;  and  the  Eumolpidae  alone  had 
the  right  to  interpret  it,  whence  they  are  sometimes 
called  k^rjyrjTai.  (Vid.  Exegetai.)  In  cases  for 
which  the  law  had  made  no  provisions,  they  acted 
according  to  their  own  discretion.9  Respecting  the 
mode  of  proceeding  in  these  religious  courts,  no- 
thing is  known.10  In  some'  cases,  when  a  person 
was  convicted  of  gross  violation  of  the  public  insti- 
tutions of  his  country,  the  people,  besides  sending 
the  offender  into  exile,  added  a  clause  in  their  ver- 
dict that  a  curse  should  be  pronounced  upon  him  by 
the  Eumolpidae.11  But  the  Eumolpidae  could  pro- 
nounce such  a  curse  only  at  the  command  of  the  peo- 
ple, and  might  afterward  be  compelled  by  the  peo- 
ple to  revoke  it,  and  purify  the  person  whom  they  had 
cursed  before.1' 

♦EUPATO'RIUM  (eimaTupiov13),  a  plant,  the 
same  with  the  Agrimony,  or  Agrimonia  Eupatorium. 
Another  name  is  Liverwort,  from  its  being  used  in 
complaints  of  the  liver,  and  hence  we  find  it  calleu 
in  Oribasius  rjixarbpiov.     The  name  of  Eupatorium 


1.  (Griffith's  Cuvier,  vol.  xiii.,  p.  38,  seqq.)— 2.  (Diod.  Sic,  i 
29.— Apollod.,  Biblioth.,  in.,  15,  S,  4.— Demosth.,  c.  Neaer.,  1384, 
&c.)— 3.  (Hesych.,  s.  v.  Et/ioAjrWai.-Tacit.,  Hist.,  iv.,  83.— 
Arnob. — Clemens  Alex.,  Protrept.) — 4.  (Arrian  in  Epictet.,  iii., 
21.— Plut.,  Alcib.,  22.)— 5.  (Paus.,  ii.,  14 ,  $  1.)— 6.  (Harpocrat 
et  Suid.,  s.  v.  'ETTt/jtcXrirai  tSv  Mvorripiwv.) —  7.  (JSschin.,  c 
Ctesiph.,  p.56,ed.  Steph.)— 8.  (Demosth.,  c.  Androt.,  p.  601.)- 

9.  (Lysias,  c.  Andocid.,  p.  204.— Andocid.,  Do  Myst.,  p.  57.)- 

10.  (Heffter,  Athen.  Gerichtsverf.,  p.  405,  &-..— Platner.  Process, 
ii.,  p.  147,  &c.)— 11.  (Plut.,  Alcib.,  22.— Corn.  Nep.,  Alcib..  4, 
5.)— 12.  (Plut.,  Alcib.,  33.- --Corn.  Nep.,  Alcib.,  6,  5.)-  -13.  (D>« 
oscor.,  iv.,  41.) 

421 


EUPATRID.E. 


EUTHi  NE. 


was  given  it,  according  to  some  of  the  ancient 
writers,  from  that  of  Mithradates  Eupator,  who  dis- 
covered the  medicinal  properties  of  this  plant.1  It 
is  more  probable,  however,  that  it  was  so  called 
from  the  city  of  Eupatoria,  near  the  river  Amisus, 
in  Pontus,  where  it  grew  abundantly.  Pliny  says, 
that  its  seed,  taken  in  wine,  formed  an  excellent 
remedy  for  dysentery.  The  islanders  of  Zante 
call  it  (jiovoxoprov,  and  the  Turks  Cojun  oti.  Sib- 
thorp  found  it  in  the  Peloponnesus,  and  also  around 
Byzantium,  and  along  the  road  between  Smyrna 
and  Brusa.-8 

EUPATRTDJS  (EvTrarpidai,  descended  from  no- 
ble ancestors)  is  the  name  by  which,  in  early  times, 
the  nobility  of  Attica  was  designated.  Who  the 
Eupatridae  originally  were  has  been  the  subject  of 
much  dispute  ;  but  the  opinion  now  almost  univer- 
sally adopted  is,  that  they  were  the  noble  Ionic  or 
Hellenic  families  who,  at  the  time  of  the  Ionian  mi- 
gration, settled  in  Attica,  and  there  exercised  the 
power  and  influence  of  an  aristocracy  of  warriors 
and  conquerors,  possessing  the  best  parts  of  the 
land,  and  commanding  the  services  of  a  numerous 
class  of  dependants.3  The  chiefs  who  are  mention- 
ed as  kings  of  the  several  Attic  towns,  before  the 
organization  of  the  country  ascribed  to  Theseus, 
belonged  to  the  highest  or  ruling  class  of  the  Eu- 
patridae ;  and  when  Theseus  made  Athens  the  seat 
of  government  for  the  whole  country,  it  must  have 
been  chiefly  these  nobles  of  the  highest  rank  that 
left  their  former  residences  and  migrated  to  Athens, 
where,  after  Theseus  had  given  up  his  royal  prerog- 
atives and  divided  them  among  the  nobles,  they  oc- 
cupied a  station  similar  to  that  which  they  had  pre- 
viously held  in  their  several  districts  of  Attica.  Oth- 
er Eupatridae,  however,  who  either  were  not  of  the 
highest  rank,  or  were  less  desirous  to  exercise  any 
direct  influence  upon  the  government,  remained  in 
their  former  places  of  residence.*  In  the  division 
of  the  inhabitants  of  Attica  into  three  classes,  which 
is  ascribed  to  Theseus,  the  Eupatridae  were  the  first 
class,5  and  thus  formed  a  compact  order  of  nobles, 
united  by  their  interests,  rights,  and  privileges.  The 
first,  or,  at  least,  the  most  ambitious  among  them, 
undoubtedly  resided  at  Athens,  where  they  enjoyed 
nearly  the  same  privileges  as  they  had  before  the 
union  in  the  separate  townships  of  Attica.  They 
were  in  the  exclusive  possession  of  all  the  civil  and 
religious  offices  in  the  state,  ordered  the  affairs  of 
religion,  and  interpreted  the  laws,  human  and  .di- 
vine.6 The  king  was  thus  only  the  first  among  his 
equals,  only  distinguished  from  them  by  the  duration 
of  his  office  ;7  and  the  four  kings  of  the  phylae  (fyvko- 
6aoL?,eic),  who  were  chosen  from  the  Eupatridae, 
were  more  his  colleagues  than  his  counsellors.8 
The  kingly  power  was  in  a  state  of  great  weakness ; 
and  while  the  overbearing  influence  of  the  nobles, 
on  the  one  hand,  naturally  tended  gradually  to  abol- 
ish it  altogether,  and  to  establish  a  purely  aristo- 
cratical  government  in  its  stead,9  it  produced,  on 
the  other  hand,  effects  which  threatened  its  own 
existence,  and  at  last  led  to  the  entire  overthrow 
of  the  hereditary  aristocracy  as  an  order :  for  the 
commonalty,  which  had  likewise  gained  in  strength 
by  the  union  of  all  the  Attic  townships,  soon  began  to 
feel  the  oppression  of  the  aristocracy,  which  in  At- 
tica produced  nearly  the  same  effects  as  that  of  the 
patricians  at  Rome.  The  legislation  of  Draco  seems 
to  have  arisen  out  of  the  growing  discontent  of  the 
oommonalty  with  the  oppressive  rule  of  the  nobles  ;10 

1.  (Plin.,  H.  N.,  xxv.,  6.)— 2.  (Billerbeck,  Flora  Classica,  p. 
117.)— 3.  (Thirlwall,  Hist,  of  Greece,  i.,  p.  115,  &c— Wach- 
ginuth,  Hellen.  Alterth.,  I.,  i.,  p.  230,  &c.)— 4.  (Thirlwall,  ib., 
ii.,  p.  8  )— 5.  (Plut.,  Thes.,  25.)  —  6.  (Muller,  Dor.,  ii.,  2, 1)  15.) 
— 7.  (Schomann,  De  Comit.,  p.  4,  transl.) —  8.  (Pollux,  viii., 
111.)— 9.  (Hermann,  Pol.  Ant.  of  Greece,  t)  102.)  — 10.  (Thirl- 
wall, ib.,  ii.,  p.  18,  &c> 
422 


but.  his  attempts  to  remedy  the  evil  were  m:Jre  cal- 
culated to  intimidate  the  people  than  to  satisfy 
them,  and  could,  consequently,  not  have  any  lasting 
results.  The  disturbances  which,  some  years  aftei, 
arose  from  the  attempt  of  Cylon,  one  of  the  Eupatri 
dae,  who  tried  to  overthrow  the  aristocratical  gov 
ernment  and  establish  himself  as  tyrant,  at  length 
led  to  the  legislation  of  Solon,  by  which  the  political 
power  and  influence  of  the  Eupatridae  as  an  order 
was  broken,  and  property  instead  of  birth  was  made 
the  standard  of  political  rights.1  But  as  Solon,  like 
all  ancient  legislators,  abstained  from  abolishing  any 
of  the  religious  institutions,  those  families  of  the  Eu- 
patridae in  which  certain  priestly  offices  and  func- 
tions were  hereditary,  retained  these  distinctions 
down  to  a  very  late  period  of  Grecian  history.2 

*EUPHORBTUM  (ev<j>6p6iov)f  a  plant  belonging  to 
the  genus  Euphorbia,  or  Spurge.  It  grows  wild  in 
Africa,  and  is  said  to  have  been  discovered  by  King 
Juba,3  who  gave  it  the  name  of  Euphorbia  in  hon- 
our of  his  physician  Euphorbus,  brother  to  Antoni- 
us  Musa,  the  medical  attendant  of  Augustus.4  This 
prince  also  wrote  a  treatise  on  the  virtues  of  the 
plant,  which  was  in  existence  in  Pliny's  days.* 
The  Euphorbium  was  discovered  by  him  near  Mount 
Atlas.  Its  stem,  according  to  Pliny,6  was  straight 
like  a  thyrsus,  and  its  leaves  resembled  those  c5 
the  acanthus.  Its  odour  was  so  powerful,  that  they 
who  collected  the  juice  were  compelled  to  stand  at 
a  distance.  An  incision  was  made  into  the  stem  bv 
means  of  a  pole  tipped  with  iron,  and  the  juice 
which  exuded  was  caught  in  a  goatskin.  This 
juice  became,  on  exposure  to  the  air,  a  gum-resin 
resembling  frankincense.  Pliny  speaks  of  it  as  a 
remedy  against  the  bite  of  serpents.  The  name  of 
this  resin  was  also  Euphorbium.  "  It  is  stated  in 
the  Edinburgh  Dispensatory," remarks  Adams,  "that 
the  Euphorbium  is  got  from  the  species  called  Eu~ 
phorbia  anliquorum ;  but  Sprengel  prefers  the  Eu- 
phorbia maritima.'n  Sibthorp  informs  us  that  the 
Greek  fishermen,  at  the  present  day,  use  the  Eu- 
phorbia Characias  (called  by  them  QXopog)  to  poison 
the  fish,  but  that,  when  caught  by  these  means, 
they  become  putrid  a  short  time  after  they  are 
taken.9 

EURFPUS.  (Vid.  Amphitheatrum,  p.  53.) 
EUTHYDICTA  (ev6vdacia).  ( Vid.  Dice,  p.  359.) 
EUTHY'NE  (evBvvt)).  All  public  officers  at  Ath- 
ens, especially  generals,  ambassadors,9  the  archons 
and  their  assessors,  the  di?etetae,  priests  and  priest- 
esses,10 the  secretaries  of  the  state,11  the  superin- 
tendents of  public  buildings,  the  trierarchs,  and 
even  the  senate  of  the  Five  Hundred  and  the  mem- 
bers of  the  Areiopagus,  were  accountable  for  their 
conduct,  and  the  manner  in  which  they  acquitted 
themselves  of  their  official  duties.  The  judges  in 
the  popular  courts  seem  to  have  been  the  only  au- 
thorities who  were  not  responsible,13  for  they  were 
themselves  the  representatives  of  the  people,  and 
would,  therefore,  in  theory,  have  been  responsible 
to  themselves.  This  account,  which  officers  had 
to  give  after  the  time  of  their  office  was  over,  was 
called  evdvvij,  and  the  officers  subject  to  it,  imevdv- 
voi.  Every  public  officer  had  to  render  his  account 
within  thirty  days  after  the  expiration  of  his  office  ;18 
and  as  long  as  this  duty  was  not  fulfilled,  the  whole 
property  of  the  ex-officer  was  in  bondage  to  the 


1.  (Aristot.,  Polit.,  ii.,  9.  —  Dionys.  Hal.,  Ant.  Rom.,  ii  ,  8.— 
JElian,  V.  H.,  v.,  13.)— 2.  (Wachsmuth,  Hellen.  Alterth.,  i.,  i, 
p.  152.  —  Compare  Schomann,  Antiq.  Jur.  Publ.  Grsec,  p.  167, 
&c,  and  p.  77,  &c.)— 3.  (Plin.,  H.  N.,  xxv.,  7.)— 4.  (Plin.,  1.  r) 
—5.  (1.  c.)— 6.  (1.  c.)— 7.  (Adams,  Append.,  s.  v.)— 8.  (Biller- 
beck, Flora  Classica,  p.  120.)— 9.  (Demosth.  et  jEschin.,  De 
Fals.  Leg.)— 10.  (iEschin.,  c.  Ctes.,  p.  56,  ed.  Steph.)— 11.  (Lys- 
ias,  c.  Nicom.)— 12.  (Aristoph.,  Vesp.,  546.  —  nudtwalcker, 
"Von  den  Diastet.,"  p.  32.)  — 13.  (Harpocrat.,  Suid.  et  Phot.. 
s.  v.  AoyiGrai  and  Evdvvoi.) 


EUTHYNE. 


EVOCATI. 


state.1  he  was  not  allowed  to  travel  beyond  the 
frontiers  of  Attica,  to  consecrate  any  part  of  his 
property  as  a  donarium  to  the  gods,  to  make  his 
will,  or  to  pass  from  one  family  into  another  by 
adoption ;  no  public  honours  or  rewards,  and  no 
new  office  could  be  given  to  him.3  If  within  the 
stated  period  an  officer  did  not  send  in  his  account, 
ar.  action  called  akoyiov  or  ukoyiac  6lkt]  was  brought 
against  him.3  At  the  time  when  an  officer  submit- 
ted to  the  evdvvrj,  any  citizen  had  the  right  to  come 
forward  and  impeach  him.  Those  who,  after  hav 
ing  refused  to  submit  to  the  evdvvTj,  also  disobeyed 
the  summons  to  defend  themselves  before  a  court 
of  justice,  thereby  forfeited  their  rights  as  citi- 
zens.4 

It  will  appear  from  the  list  of  officers  subject  to 
the  euthyne,  that  it  was  not  confined  to  those  whose 
office  was  connected  with  the  administration  of  the 
public  money,  or  any  part  of  it ;  but  in  many  cases 
it  was  only  an  inquiry  into  the  manner  in  which  a 
person  had  behaved  himself  in  the  discharge  of  his 
official  duties.  In  the  former  case  the  scrutiny  was 
conducted  with  great  strictness,  as  the  state  had 
various  means  to  check  and  control  the  proceed- 
ings of  its  officers  ;  in  the  latter,  the  euthyne  may 
in  many  instances  have  been  no  more  than  a  per- 
sonal attendance  of  the  ex-officer  before  the  repre- 
sentatives of  the  people,  to  see  whether  any  charge 
was  brought  against  him.  When  no  accuser  ap- 
peared, the  officer  was  honourably  dismissed  (kiu- 
cr\\iaiveadaih).  After  an  officer  had  gone  through 
the  euthyne,  he  became  avevdwog.6 

The  officers  before  whom  the  accounts  were 
given  were  in  some  places  called  evdwoi  or  "koyia- 
rai,  in  others  e^eracrai  or  awrjyopoi.'1  At  Athens 
we  meet  with  the  first  two  of  these  names,  and 
both  are  mostly  mentioned  together ;  but  how  far 
their  functions  differed  is  very  uncertain.  Some 
grammarians8  state  that  Xoyiarai  was  the  name  of 
the  same  officers  who  were  formerly  called  evdwoi. 
But  from  the  manner  in  which  the  Greek  orators 
speak  of  them,  it  can  scarcely  be  doubted  that  their 
functions  were  distinct.  From  the  authorities  re- 
ferred to  by  Bockh,9  it  seems,  moreover,  clear  that 
the  office  of  the  \oyiarai,  though  closely  connected 
with  that  of  the  evdwoi,  was  of  greater  extent  than 
that  of  the  latter,  who  appear  rather  to  have  been 
the  assessors  of  the  former  than  a  totally  distinct 
class  of  officers,  as  will  be  seen  hereafter.  All  ac- 
counts of  those  officers  who  had  anything  to  do 
with  the  public  money  were,  after  the  expiration  of 
their  office,  first  sent  in  to  the  Xoyiorai,  who  exam- 
ined them ;  and  if  any  difficulty  or  incorrectness 
was  discovered,  or  if  charges  were  brought  against 
an  ex-officer  within  the  period  of  30  days,  the  far- 
ther inquiry  devolved  upon  the  evdwoi,  before  whom 
the  officer  was  obliged  to  appear  and  plead  his 
cause.10  If  the  evdwoi  found  that  the  accounts  were 
unsatisfactory,  that  the  officer  had  embezzled  part 
of  the  public  money,  that  he  had  accepted  bribes, 
or  that  charges  brought  against  him  were  well 
founded,  they  referred  the  case  to  a  court  of  justice, 
for  which  the  Xoyiorai  appointed  the  judges  by  lot, 
2nd  in  this  court  their  herald  proclaimed  the  question 
who  would  come  forward  as  accuser.11  The  place 
where  the  court  was  held  was  the  same  as  that  to 
which  ex-officers  sent  their  accounts  to  be  exam- 


1.  (.^Csch.,  c.  Ctes.,  p.  56,  Steph.) — 2.  (JEschin  et  Demosth., 
De  Coron.,  tnd  i  Timv  747.) — 3.  (Pollux,  viii.,  54. — Ilesych., 
Suid.,  Etyix.  Mag  ,  s.  v. 'AAoyi'oii  cikt].) — 4.  (Demosth.,  c.  Meid., 
p.  542.)— 5.  ;Dem:5th.,  De  Coron.,  310.)— 6.  (Pollux,  Onom., 
mi.,  54  )— 7.  (Arl/cot.,  Polit.,  vi.,  5,  p.  213,  ed.  Guttling.)— 8. 
(Et/mol.  Magn.  et  Phot.,  s.  v.  EvOvvoi.)— 9.  (Staatsh.,  i.,  p.  205, 
Ac— Compare  ii.,  p.  201,  and  in  the  Rhein.  Mus.,  1827,  vol.  i., 
?.  72,  <fcc.)— 10.  (Hermann,  Polit.  Antiq.  of  Greece,  v  154,  8.)— 
II.  (^Eschin.,  c.  Ctes.,  p.  57,  Steph. — Etymol.  Magn.,  s.  v.  Ei- 
8vv7j.— Dekker,  Anecdot.,  p.  245.  6.1 


ined  by  the  Xoyiarai,  and  was  called  '/.Qytorfi^ov. 
It  can  scarcely  be  doubted  that  the  evd*.  voi  took  at 
active  part  in  the  trials  of  the  Tioyccrripiov :  buc 
whether  they  acted  only  as  the  assessors  of  the  Ao- 
yiarai,  or  whether  they,  as  Pollux  states,  exacted 
the  embezzled  sums  and  fines  instead  of  the  prac- 
tores,  is  uncertain.  The  number  of  the  evdwoi,  as 
well  as  that  of  the  \oyio~rai,  was  ten,  one  being 
taken  from  every  tribe.2  The  Xoyiorai  were  ap- 
pointed by  the  senate,  and  chosen  by  lot ;  whether 
the  evdwoi  were  likewise  chosen  by  lot  is  uncer- 
tain, for  Photius  uses  an  expression  derived  from 
Klfjpoe.  (lot),  while  Pollux3  states  that  the  evdwoi 
(jrpoaaipowrai,  scil.  role  7ioyioralc),weie  like  the  as- 
sessors of  the  archons  ;  the  latter  account,  howev- 
er, seems  to  be  more  consistent  and  more  probable. 
Every  evdvvoc  had  two  assessors  (Ttupedpoi).* 

The  first  traces  of  this  truly  democratic  institu- 
tion are  generally  found  in  the  establishment  of  the 
archonship  (apxv  virevdwog)  instead  of  the  kingly 
power,  by  the  Attic  nobles.5  It  was  from  this  state 
of  dependance  of  the  first  magistrates  upon  the  or 
der  of  the  nobles  that,  in  the  course  of  time,  the 
regular  euthyne  arose.  Similar  institutions  were 
established  in  several  other  republics  of  Greece.8 

EUTHYNOI  (Evdwoi).     (Vid.  Euthyne.) 

EVTCTIO.  If  the  purchaser  of  a  thing  was  by 
legal  means  deprived  of  it  (evicted),  the  seller  was 
bound  to  make  good  the  loss  (evictionem  prceslare). 
If  the  seller  knew  that  he  was  selling  what  was 
not  his  own,  this  was  a  case  of  dolus,  and  he  was 
bound,  in  case  of  eviction,  to  make  good  to  the  pur- 
chaser all  loss  and  damage  that  he  sustained.  If 
there  was  no  dolus  on  the  part  of  the  seller,  he  was 
simply  bound  to  make  good  to  the  purchaser  the 
value  of  the  thing  at  the  time  of  eviction.  It  waa 
necessary  for  the  purchaser  to  neglect  no  proper 
means  of  defence,  when  an  attempt  was  made  to 
evict  him  ;  and  it  was  his  duty  to  give  the  seller  no 
tice  of  the  adverse  claim  (litem  denunciare),  and  to 
pray  his  aid  in  defence  of  the  action.  The  stipulatio 
duplae  was  usual  among  the  Romans  ;  and,  in  such 
case,  if  the  purchaser  was  evicted  from  the  whole 
thing,  he  might,  by  virtue  of  his  agreement,  demand 
from  the  seller  double  its  value.7 

EVOCA'TI  were  soldiers  in  the  Pvoman  army 
who  had  served  out  their  time  and  obtained  their 
discharge  (missio),  but  had  voluntarily  enlisted  again 
at  the  invitation  of  the  consul  or  other  commander.8 
There  appears  always  to  have  been  a  considerable 
number  of  evocati  in  every  army  of  importance ; 
and  when  the  general  was  a  favourite  among  the 
soldiers,  the  number  of  veterans  who  joined  his 
standard  would  of  course  be  increased.  The  evo- 
cati were  doubtless  released,  like  the  vexillarii,  from 
the  common  military  duties  of  fortifying  the  camp, 
making  roads,  &c.,9  and  held  a  higher  rank  in  the 
army  than  the  common  legionary  soldiers.  They 
are  sometimes  spoken  of  in  conjunction  with  the 
equites  Romani,10  and  sometimes  classed  with  the 
centurions.11  They  appear  to  have  been  frequently 
promoted  to  the  rank  of  centurions.  Thus  Pompey 
induced  a  great  many  of  the  veterans  who  had 
served  under  him  in  former  years,  to  join  his  stand- 
ard at  the  breaking  out  of  the  civil  war,  by  the 
promise  of  rewards  and  the  command  of  centuries 
(ordinum13).  All  the  evocati  could  not,  however, 
have  held  the  rank  of  centurions,  as  we  read  of  two 


1.  (Andocid.,  De  Myst.,  p.  37.— Lys.,  c.  Polystrat.,  p.  672.)— 
2.  (Phot.,  s.  v.  Kvdvvog. — Harpocrat.,  s.  v.  Aoyiorai.) — 3.  (viii., 
99  )— 4.  (Bockh,  Staatsh.,  1.  c— Tittmann,  Gnech.  Staatsvcrf., 
p.  323,  &c— Hermann,  Polit.  Antiq.  of  Greeee,  y  154.— Schu- 
mann, Antiq.  Jur.  Publ.  Grsec,  p.  239,  &c.)— 5,  (Paus.,  iv.,  5, 
4.) — 6.  (Aristot.,  Polit.,  vi.,  5. — Wachsmuth.,  Hellen.  Alterth., 
I.,  i.,  p.  192.)— 7.  (Dig.  21,  tit.  2.)— 8.  (Dion.,  xlv.,  12.1 — 9s 
(Tacit  ,  Ann.,  i..  36.)— 10.  (Caes.,  Bell.  Gall.,  vii.,65.)— 11.  (Cass, 
Bell.  Civ.,  i.,  17.)— .'2.  (Cass.,  Bell.  Civ  ,  i..  3.) 

423 


EXAIRESEOS  DIKE. 


EXEGETA1. 


thousand  on  one  #ccasion,1  and  of  their  belonging 
to  certain  cohorts  in  the  army.  Cicero  speaks  of  a 
Prafectus  Evocatorum* 

The  name  of  Evocati  was  also  given  to  a  select 
body  of  young  men  of  the  equestrian  order,  who 
were  appointed  by  Domitian  to  guard  his  bedcham- 
ber.3 This  body  is  supposed,  by  some  writers  to 
have  existed  under  the  succeeding  emperors,  and 
to  have  been  the  same  as  those  called  Evocati  An- 
gusti* 

EHArflrHS  AIKH  (efryuypg  dUtj),  a  suit  of  a 
public  nature,  which  might  be  instituted  against  one 
who,  assuming  to  act  as  the  protector  {nvpioc)  of  an 
Athenian  woman,  married  her  to  a  foreigner  in  a 
foreign  land.  This  was  contrary  to  law,  intermar- 
riage with  aliens  being  (as  a  general  rule)  prohibit- 
ed. In  the  speech  of  Demosthenes  against  Timoc- 
rates,5  the  latter  is  charged  with  having  sold  his 
sister  to  a  Corcyrean,  on  pretence  of  giving  her  in 
marriage.6 

EEA.IPE2EG2  AIKH  (k%aip£oeug  dUri).  This 
was  an  action  brought  to  recover  damages  for  the 
attempt  to  deprive  the  plaintiff  of  his  slave ;  not 
where  the  defendant  claimed  a  property  in  the 
slave,  but  where  he  asserted  him  to  be  a  freeman. 
As  the  condition  of  slavery  at  Athens  incapacitated 
a  man  to  take  any  legal  step  in  his  own  person,  if  a 
reputed  slave  wished  to  recover  his  rights  as  a  free- 
man, he  could  only  do  it  by  the  assistance  of  one 
who  was  himself  a  freeman.  He  then  put  himself 
under  the  protection  of  such  a  person,  who  was  said 
kt-aipeZodat  or  atyaipnadai  avrbv  elg  cXcvdepiav,  in 
libertatem  vindicare.  If  the  master  sought  to  re- 
claim him,  he  proceeded  to  take  manual  posses- 
sion, ayetv  avrbv  elg  dovfaiav.  A  runaway  slave 
might  at  any  time  be  seized  by  his  master,  either  in 
the  open  street  or  elsewhere',  except  in  a  sanctuary. 
If  the  friend  or  person  who  harboured  the  slave 
meant  to  contest  the  master's  right,  the  proper 
sourse  was  to  go  with  him  before  the  magistrate, 
and  give  security  for  the  value  of  the  slave  and 
costs,  in  case  a  court  of  law  should  decide  against, 
him.  The  magistrate  who  took  cognizance  of  the 
cause  was  the  archon,  where  a  man  claimed  to  be 
a  citizen  ;  the  polemarch,  where  he  claimed  to  be 
an  alien  freeman.  It  was  the  duty  of  the  archon  or 
polemarch  to  set  the  man  at  liberty  pendente  lite. 
In  the  suit  that  followed,  the  plaintiff  had  to  prove 
nis  title  to  the  ownership  of  the  slave,  and,  if  suc- 
cessful, obtained  such  compensation  as  the  jury 
chose  to  award  ;  this  being  a  TLfinrbg  dycov,  and  half 
of  the  Tifirjfia  being  given  to  the  state.7  A  verdict 
for  the  plaintiff  drew  with  it,  as  a  necessary  conse- 
quence, the  adjudication  of  the  ownership,  and  he 
would  be  entitled  to  take  possession  of  his  slave 
immediately :  if,  however,  the  slave  had  escaped  in 
the  mean  time,  and  evidence  of  such  fact  were  pro- 
duced, the  jury  would  probably  take  that  into  con- 
sideration in  estimating  the  damages. 

If  the  friend,  in  resisting  the  capture  of  the  slave, 
had  used  actual  violence,  he  was  subject  to  a  dUn 
ftiaiuv.  And  if  the  soi-disant  master  had  failed  in 
the  e£  Sinn,  the  injured  party  might  maintain  an 
action  against  him  for  the  attempted  seizure.8 

In  a  speech  of  Isocrates,9  the  defendant,  a  bank- 
er, from  whom  it  is  sought  to  recover  a  deposite,  is 
charged  with  having  asserted  the  freedom  of  his 
own  slave,  in  order  to  prevent  his  being  examined 
by  torture  respecting  the  sum  of  money  deposited 

1.  (lb.,  iii.,  88.) — 2.  (ad  Fam.,  iii.,  6,  Q  5. — Compare  Cic.  ad 
Fam.,  xv., 4,  t)  3. — Cses.,  Bell.  Civ.,  iii.,  91. — Suet.,  Octav.,  56. — 
Lipsius,  De  Milit.  Rom.,  i.,  8.) — 3.  (Suet.,  Dom.,  10.)— 4.  (Hy- 
gmus,  De  Lim.,  p.  209.— Orelli,  Tnscrip.,  No.  3495,  153.)— 5.  (p. 
,63.)— 6.  (Meier,  Att.  Proc,  p.  350.)— 7.  (Demosth.,  c.  Theoer., 
1328.)— 8.  (Lys.,  c.  Panel.,  734,  &c,  with.  Reiske's  note.— De- 
mosth., c.  Neaer.,  1358. — Harpocr..  s.  v.  'Ejatp/aewj  and  "Ay«. 
—Meier,  Att.  Proc.,  p.  304.)— 9.  (Trapez.,  361.) 
424 


in  his  hands.  This  is  remarkable  on  two  accounts  • 
first  (as  Meier  observes),  because  it  seems  to  prove 
that  one  not  the  owner  of  the  slave  could  bring  the 
ef.  SUn,  if  he  had  an  interest  in  the  matter ;  sec- 
ondly, because  it  was  optional  with  a  man  to  give 
up  h:is  slave  to  the  torture  or  not,  the  refusal  being 
only  matter  of  observation  to  the  jury ;  and,  there- 
fore, it  appears  strange  that  any  one  should  have 
recourse  to  a  measure,  the  result  of  which  (if  suc- 
cessful) would  be  to  deprive  him  of  his  property. 
EXAUCTORA'TIO.  (Vid.  Missio.) 
EXAUGURA'TIO  is  the  act  of  changing  a  sa 
cred  thing  into  a  profane  one,  or  of  taking  away 
from  it  the  sacred  character  which  it  had  received 
by  inauguratio,  consecratio,  or  dedicatio.  That 
such  an  act  was  performed  by  the  augurs,  and  nev- 
er without  consulting  the  pleasure  of  the  gods  by 
augurium,  is  implied  in  the  name  itself.1  Temples, 
chapels,  and  other  consecrated  places,  as  well  as 
priests,  were  considered  as  belonging  to  the  gods. 
No  consecrated  place  whatever  could  be  employed 
for  any  profane  purpose,  or  dedicated  to  any  other 
divinity  than  that  to  which  it  originally  belonged, 
without  being  previously  exaugurated  ;  and  priests 
could  not  give  up  their  sacred  functions,  or  (in  case 
they  were  obliged  to  live  in  celibacy)  enter  into 
matrimony,  without  first  undergoing  the  process  oi 
exauguratio.2 

EXCE'PTIO.     (Vid.  Actio,  p.  16.) 
EXCU'BLE.    (Vid.  Castra,  p.  220.) 
EXCUBITO'RES,  which  properly  means  watch 
men  or  sentinels  of  any  kind,3  was  the  name  more 
particularly  given  to  the  soldiers  of  the  cohort  who 
guarded  the  palace  of  the  Roman  emperor.*    Their 
commanding  officer  was  called  trilunus  excubitor* 
When  the  emperor  went  to  an  entertainment  at  the 
house  of  another  person,  the  excubitores  appear  to 
have  accompanied  him,  and  to  have  kept  guard  aa 
in  his  own  palace.6 

EXEDR^E.  {Vid.  Gymnasium,  House.) 
EXEGE'TAI  (et-nyvrai,  interpreters ;  on  this  and 
other  meanings  of  the  word,  vid.  Ruhnken,  ad  Tim<z\ 
Glossar.,  p.  109,  &c.)  is  the  name  of  the  Eumolpi- 
das,  by  which  they  were  designated  as  the  interpret- 
ers of  the  laws  relating  to  religion  and  of  the  sacred 
rites.7  (Vid.  Eumolpidai.  )  They  were  thus,  al 
Athens,  the  only  class  of  persons  who  in  some 
measure  resembled  the  Roman  jurists  ;  but  the 
laws,  of  which  the  k^nynrai  were  the  interpreters, 
were  not  written,  but  handed  down  by  tradition, 
Plutarch8  applies  the  term  to  the  whole  order  of  the 
Eupatridae,  though,  properly  speaking,  it  belonged 
only  to  certain  members  of  their  order,  i.  e.,  the 
Eumolpidoe.  The  Etymologicum  Magn.,9  in  ac- 
cordance with  the  etymological  meaning  of  the 
word,  states  that  it  was  applied  to  any  interpreter 
of  laws,  whether  sacred  or  profane  ;  but  we  know 
that  at  Athens  the  name  was  principally  applied  to 
three  members  of  the  family  of  the  Eumolpidae,11 
whose  province  it  was  to  interpret  the  religious 
and  ceremonial  laws,  the  signs  in  the  heavens,  and 
the  oracles ;  whence  Cicero11  calls  them  religionum 
inter-pretcs.1*  They  had  also  to  perform  the  public 
and  private  expiatory  sacrifices,  and  were  never  ap- 
pointed without  the  sanction  of  the  Delphic  oracle, 
whence  they  were  called  Hvdoxpnoroi.13 

The  name  efyynrijg  was  also  applied  to  those  per- 
sons who  served  as  guides  (cicerone)  to  the  visiters 


EXHIBENDUM. 


EXODIA. 


In  the  most  remarkable  towns  and  places  of  Greece, 
who  showed  to  strangers  the  curiosities  of  a  place, 
and  explained  to  them  its  history  and  antiquities.1 

Respecting  the  kt-nyriTric  of  the  laws  of  Lycurgus 
at  Sparta,  see  Miiller,  Dor.,  iii.,  11,  2. 

EXENGYASTHAI  (kfryyvaodcu).   (F/<Z.Engye.) 

EXERCITO'RIA  ACTIO  was  an  action  granted 
by  the  edict  against  the  exercitor  navis.  By  the 
term  navis  was  understood  any  vessel,  whether 
used  for  the  navigation  of  rivers,  lakes,  or  thn  sea. 
The  exercitor  navis  is  the  person  to  whom  all  the 
ship's  gains  and  earnings  (obvenlio?ies  ct  reditus)  be- 
long, whether  he  is  the  owner,  or  has  hired  the  ship 
from  the  owner  for  a  time  definite  or  indefinite. 
The  magister  navis  is  he  who  has  the  care  and 
management  of  the  ship,  and  was  appointed  (pro- 
positus) by  the  exercitor.  The  exercitor  was  bound 
generally  by  the  contracts  of  the  magister,  who  was 
his  agent,  but  with  this  limitation,  that  the  contract 
of  the  magister  must  be  with  reference  to  farther- 
ing the  object  for  which  he  was  appointed  ;  as,  for 
instance,  if  he  purchased  things  useful  for  the  nav- 
igation of  the  ship,  or  entered  into  a  contract  or 
incurred  expense  for  the  ship's  repairs,  the  exerci- 
tor was  bound  by  such  contract :  the  terms  of  the 
master's  appointment  (prapositio)  accordingly  de- 
termine the  rights  of  third  parties  against  the  exer- 
oitor.  If  the  magister,  being  appointed  to  manage 
the  ship,  and  to  use  it  for  a  particular  purpose,  used 
it  for  a  different  purpose,  his  employer  was  not 
bound  by  the  contract.  If  there  were  several  ma- 
gistri,  with  undivided  powers,  a  contract  with  one 
was  the  same  as  a  contract  with  all.  If  there  were 
several  exercitores,  who  appointed  a  magister  either 
out  of  their  own  number  or  not,  they  were  several- 
ly answerable  for  the  contracts  of  the  magister. 
The  contracting  party  might  have  his  action  either 
against  the  exercitor  or  the  magister,  so  long  as  the 
magister  continued  to  be  such. 

A  party  might  have  an  action  ex  delicto  against 
an  exercitor  in  respect  of  the  act  either  of  the  ma- 
gister or  the  sailors,  but  not  on  the  contract  of  the 
sailors.  If  the  magister  substituted  a  person  in  his 
place,  though  he  was  forbidden  to  do  so,  the  exer- 
citor would  still  be  bound  by  any  proper  contract 
of  such  person. 

The  term  Nauta  properly  applies  to  all  persons 
who  are  engaged  in  navigating  a  ship ;  but  in  the 
Praetor's  Edict8  the  term  Nauta  means  Exercitor 
(qui  navem  expect). 

(Dig.  14,  tit:  1. — Peckius,  in  Titt.  Dig.  et  Cod. 
ad  Rem  Nauticam  pertinenles  Comment. — Abbott  on 
Shipping,  Index,  Exercitor  Navis.) 

EXE'RCITUS.     (Vid.  Army.) 

EXETASTAI  ('Eferaara/)  were  commissioners 
sent  out  by  the  Athenian  people  to  ascertain  wheth- 
er there  were  as  many  mercenaries  as  the  generals 
reported.  It  appears  to  have  been  no  uncommon 
plan  for  the  commanders,  who  received  pay  for 
troops,  to  report  a  greater  number  than  they  pos- 
sessed, in  order  to  receive  the  pay  themselves  ;  in 
which  case  they  were  said  "  to  draw  pay  for  empty 
places  in  the  mercenary  force"  (fuodoQopetv  kv  rw 
^evlkC)  Kevalc.  x"PaLC3)-  The  commissioners,  how- 
ever, who  were  sent  to  make  inquiries  into  the 
matter,  often  allowed  themselves  to  be  bribed.* 
This  name  was  also  probably  given  to  commission- 
ers who  were  appointed  to  investigate  other  matters. 

EXHERES.     (Vid.  Heres.) 

EXHIBENDUM,  ACTIO  AD.  This  action  was 
:ntroduced  mainly  with  respect  to  vindicationes,  or 
actions  about  property.  "  Exhiberc"  is  defined  to 
be  " facer e  in  publico  potestatem,  ut  ei  qui  agat  ex- 

1.  (Paus.,  i.,41,  $2.)— 2.  (Dig.  4,  tit.  9,  s.  1.)— 3.  (JEschin., 
*.  Ctes.,  p.  536.)— 4.  (,Eschin.,  c.  Timarch.,  p.  131.-  -De  Fals. 
Leg.,  p.  339.— Bockh,  Publ.  Econ.  of  Athens,  i.,  p.  389.) 
H  H  H 


periundi  sit  copia."  This  was  a  personal  action, 
and  he  had  the  right  of  action  who  intended  to  bring 
an  actio  in  /em.  The  actio  ad  exhibendum  waa 
against  a  person  who  was  in  possession  of  the  thing 
in  question,  or  had  fraudulently  parted  with  the 
possession  of  it ;  and  the  object  was  the  production 
of  the  thing  for  the  purpose  of  its  being  examined 
by  the  plaintiff.  The  thing,  which  was,  of  course,  a 
movable  thing,  was  to  be  produced  at  the  place 
where  it  was  at  the  commencement  of  the  legal 
proceedings  respecting  it ;  but  it  was  to  bo  taken 
to  the  place  where  the  action  was  tried  at  the  cost 
and  expense  of  the  plaintiff. 

The  action  was  extended  to  other  cases  :  for  in 
stance,  to  cases  when  a  man  claimed  the  privilege 
of  taking  his  property  off  another  person's  land, 
that  other  person  not  being  legally  bound  to  restore 
the  thing,  though  bound  by  this  action  to  allow  the 
owner  to  take  it ;  and  to  some  cases  where  a  man 
had  in  his  possession  something  in  which  his  own 
and  the  plaintiff's  property  were  united,  as  a  jewel 
set  in  the  defendant's  gold,  in  which  case  there 
might  be  an  actio  ad  exhibendum  for  the  purpose 
of  separating  the  things. 

If  the  thing  was  not  produced  when  it  ought  to 
have  been,  the  plaintiff  might  have  damages  for  loss 
caused  by  such  non-production.  This  action  would 
lie  to  produce  a  slave  in  order  that  he  might  be  put 
to  the  torture  to  discover  his  confederates. 

The  ground  of  the  right  to  the  production  of  a 
thing  was  either  property  in  the  thing  or  some  inter- 
est ;  and  it  was  the  business  of  the  judex  to  declare 
whether  there  was  sufficient  reason  (justa  etproba- 
bilis  causa)  for  production.  The  word  "interest" 
was  obviously  a  word  of  doubtful  import.  Accord- 
ingly, it  was  a  question  if  a  man  could  bring  this 
action  for  the  production  of  his  adversary's  ac 
counts,  though  it  was  a  general  rule  of  law  that  nil 
persons  might  have  this  action  who  had  an  interest 
in  the  thing  to  be  produced  (quorum  interest) ;  but 
the  opinion  as  given  in  the  Digest1  is  not  favour- 
able to  the  production  on  the  mere  ground  of  its 
being  for  the  plaintiff's  advantage.  A  man  might 
have  this  actio  though  he  had  no  vindicatio ;  as 
for  instance,  if  he  had  a  legacy  given  to  him  of 
such  a  slave  as  Titius  might  choose,  he  had  a  right 
to  the  production  of  the  testator's  slaves  in  ordeT 
that  Titius  might  make  the  choice ;  when  the  choice 
was  made,  then  the  plaintiff  might  claim  the  slave 
as  his  property,  though  he  had  no  power  to  mal<e 
the  choice.  If  a  man  wished  to  assert  the  freedom 
of  a  slave  (in  libertatem  vindicare),  he  might  have 
this  action. 

This  action  was,  as  it  appears,  generally  in  aid 
of  another  action,  and  for  the  purpose  of  obtaining 
evidence ;  in  which  respect  it  bears  some  resem- 
blance to  a  Bill  of  Discovery  in  Equity. 

(Miihlenbruch,  Doctrina  Pandeclarum. — Dig.  10, 
tit.  4.) 

EXITE'RIA  (&Tvpia)  or  EPEXODTA  (kne&dia) 
are  the  names  of  the  sacrifices  which  were  offered 
by  generals  before  they  set  out  on  their  expeditions.' 
The  principal  object  of  these  sacrifices  always  was 
to  discover  from  the  accompanying  signs  the  favour- 
able or  unfavourable  issue  of  the  undertaking  on 
which  they  were  about  t<D  enter.  According  to 
Hesychius,  k%m)pia  was  also  the  name  of  the  day 
on  which  the  annual  magistrates  laid  down  their 
offices. 

EXODTA  ('E&fiia,  from  1%  and  666c)  were  old- 
fashioned  and  laughable  interludes  in  verses,  insert- 
ed in  other  plays,  but  chiefly  in  the  Atellanas.3  Tt 
is  difficult  to  ascertain  the  real  character  of  the 
exodia  ;  but,  from  the  words  of  Livy,  we  must  infei 

1.  (Dig.  10,  tit    4,  s.  19.)— 2.  (Xen.,  Anab.,  vi     5,  t)  2.;— 3 
(Liv.,  vii.,  2.) 

48ft 


EXOMIS. 


EXOSTRA 


that,  although  distinct  from  the  AteJanae,  theywere 
closely  connected  with  them,  and  never  performed 
alone.  Hence  Juvenal  calls  them  exodium  Atella- 
■ncp,1  and  Suetonius2  exodium  Atellanicum.  They 
were,  like  the  Atellanae  themselves,  played  by  young 
and  well-born  Romans,  and  not  by  the  histriones. 
Since  the  time  of  Jos.  Scaliger  and  Casaubon,  the 
exodia  have  almost  generally  been  considered  as 
short  comedies  or  farces  which  were  performed 
after  the  Atellanae  ;  and  this  opinion  is  founded 
iipor  the  vague  and  incorrect  statement  of  the 
scholiast  on  Juvenal.3  But  the  words  of  Livy,  ex- 
odia cons erta  fab ellis,  seem  rather  to  indicate  inter- 
ludes, which,  however,  must  not  be  understood  as 
if  they  had  been  played  between  the  acts  of  the 
Atellanae,  which  would  suggest  a  false  idea  of  the 
Atellanse  themselves.  But  as  several  Atellanae 
were  performed  on  the  same  day,  it  is  probable  that 
the  exodia  were  played  between  them.  This  sup- 
position is  also  supported  by  the  etymology  of  the 
word  itself,  which  signifies  something  k%  odov,  extra 
viam,  or  something  not  belonging  to  the  main  sub- 
ject, and  thus  is  synonymous  with  eTreiaodiov.  The 
play,  as  well  as  the  name  of  exodium,  seems  to 
have  been  introduced  among  the  Romans  from  Ital- 
ian Greece  ;  but  after  its  introduction  it  appears 
to  have  become  very  popular  among  the  Romans, 
and  continued  to  be  played  down  to  a  very  late 
period.4 

EXO'MIS  (k^ufilg)  was  a  dress  which  had  only  a 
sleeve  for  the  left  arm,  leaving  the  right,  with  the 
shoulder  and  a  part  of  the  breast,  free,  and  was,  for 
this  reason,  called  exomis.  It  is  also  frequently 
called  xL™v  erepofidax^og.6  The  exomis,  however, 
was  not  only  a  chiton  (vid.  Tunica),  but  also  an 
[fxariov  or  TrepldXrjjua.  (Vid.  Pallium.)  According 
lo  Hssychius6  and  iElius  Dionysius,7  it  served  at 
(lie  same  time  both  the  purposes  of  a  chiton  and  an 
himation  ;  but  Pollux8  speaks  of  two  different  kinds 
ef  exomis,  one  of  which  was  a  nepi67irj[ia,  and  the 
ether  a  xiT^v  ^repofidaxakog.  His  account  is  con- 
firmed by  existing  works  of  art.  Thus  we  find  in 
the  Mus.  Pio-Clement.,9  Hephaestos  wearing  an  ex- 
omis, which  is  an  himation  thrown  round  the  body 
m  the  way  in  which  this  garment  was  always  worn, 
and  which  clothes  the  body  like  an  exomis  when  it 
is  girded  round  the  waist.  The  following  figure  of 
Charon,  on  the  contrary,  taken  from  Stackelberg, 


Die  Gr'dber  der  Hellenen,  pi.  47,  represents  the  p?op« 
er  xL™v  hepofidaxn?ioc. 

The  exomis  was  usually  worn  by  slaves  and  work- 
ing people,1  whence  we  find  Hephaestos,  the  working 
deity,  frequently  represented  with  this  garment  in 
works  of  art.2  The  chorus  of  old  men  in  the  Ly- 
sistrata  of  Aristophanes3  wear  the  exomis,  which 
is  in  accordance  with  the  statement  of  Pollux,4  who 
says  that  it  was  the  dress  of  old  men  in  comic  plays. 

According  to  Aulus  Gellius,5  the  exomis  was  the 
same  as  the  common  tunic  without  sleeves  (citra 
kumerum  desinentes) ;  but  his  statement  is  opposed 
to  the  accounts  of  all  the  Greek  grammarians,  and 
is,  without  doubt,  erroneous.6 

EXOMOS'IA  (k^ufioaia).  Any  Athenian  citizen, 
when  called  upon  to  appear  as  a  witness  in  a  court 
of  justice  (kItjtevelv  or  eKKAnreveiv"1),  was  obliged  by 
law  to  obey  the  summons,  unless  he  could  establish 
by  oath  that  he  was  unacquainted  with  the  case  in 
question.8  This  oath  was  called  e^u/iooia,  and  the 
act  of  taking  it  was  expressed  by  k^o^wcdai.9  Those 
who  refused  to  obey  the  summons  without  being 
able  to  take  the  kt-unocia,  incurred  a  fine  of  one 
thousand  drachmae  ;  and  if  a  person,  after  promis- 
ing to  give  his  evidence,  did,  nevertheless,  not  ap- 
pear when  called  upon,  an  action  called  lenrofiap- 
rvplov,  or  (3M6?jg  dim?,  might  be  brought  against 
him  by  the  parties  who  thought  themselves  injured 
by  his  having  withheld  his  evidence.10 

When  the  people,  in  their  assembly,  appointed  a 
man  to  a  magistracy  or  any  other  public  office,  he 
was  at  liberty,  before  the  doKipaaia  took  place,  tc 
decline  the  office,  if  he  could  take  an  oath  that  the 
state  of  his  health  or  other  circumstances  rendeied 
it  impossible  for  him  to  fulfil  the  duties  connected 
with  it  {k%6[ivvodai  rrjv  dpxyv,  or  ttjv  xeLP°'t cviav)  • 
and  this  oath  was  likewise  called  egofxooia,  or  some- 
times dirafioaia}1 

EXOSTRA  (kHaorpa,  from  kfadeu)  was  one  of  the 
many  kinds  of  machines  used  in  the  theatres  of  the 
ancients.  Cicero,12  in  speaking  of  a  man  who  for- 
merly concealed  his  vices,  expresses  this  sentiment 
by  post  siparium  heluabatur ;  and  then  stating  that 
he  now  shamelessly  indulged  in  his  vicious  practi- 
ces in  public,  says,  jam  in  exostra  heluatur.  From 
an  attentive  consideration  of  this  passage,  it  is  evi 
dent  that  the  exostra  was  a  machine  by  means  of 
which  things  which  had  been  concealed  behind  the 
siparium  were  pushed  or  rolled  forward  from  be- 
hind it,  and  thus  became  visible  to  the  spectator?. 
This  machine  was  therefore  very  much  like  the 
kKKVKXnfia,  with  this  distinction,  that  the  latter  was 
moved  on  wheels,  while  the  exostra  was  pushed 
forward  upon  rollers.13  But  both  seem  to  have  been 
used  for  the  same  purpose,  namely,  to  exhibit  to  the 
eyes  of  the  spectators  the  results  or  consequences 
of  such  things — e.  g.,  murder  or  suicide — as  could 
not  consistently  take  place  in  the  proscenium,  and 
were  therefore  described  as  having  occurred  behind 
the  siparium  or  in  the  scene. 

The  name  exostra  was  also  applied  to  a  peculiar 
kind  of  bridge,  which  was  thrown  from  a  tower  of 
the  besiegers  upon  the  walls  of  the  besieged  town, 
and  across  which  the  assailants  marched  to  attack 
those  of  the  besieged  who  were  stationed  on  the 
ramparts  to  defend  the  town.14 

1.  (Phot.,  s.  v.— Schol.  ad  Aristoph.,  Equit.,  879.)— 2.  (Mai 
ler,  Archaeol.  der  Kunst.,  4  366,  6.)— 3.  (1.  622.)— 4.  (iv.,  118. 
—  5.  (vii.,  12.)  — 6.  (Becker,  Chankles,  ii.,  p.  112,  &c.)—  7 
(Pollux,  Onom.,  viii..  37.— JEschin.,  c.  Timarch.,  p.  71.)— 8 
(Demosth.,  De  Fals.  Leg.,  p.  396  ;  c.  Near.,  p.  1354  ;  c.  Aphob. 
p.  850.— Suidas,  s.  v.  ,Elofx6crac6ai.)—9.  (Demosth.,  c.  Steph. 
i.,  p.  1119;  c.  Eubulid.,  p.  1317.— Harpocrat.,  s.  v.)— 10.  (De 
mosth.,  c.  Timoth.,  p.  1190.— Meier,  Att.  Proc,  p.  387,  &c.)- 
11.  (Demosth.,  De  Fals.  Leg.,  p.  379  ;  c.  Timoth.,  p.  1204.- 
^schin.,  De  Fals.  Leg.,  p.  271.— Pollux,  Onom.,  viii.,  55.- 
Etymol.  Mag.,  s.  v.)— 12.  (De  Prov.  Cons.,  6.)— 13.  (Pollux 
Onom.,  iv.,  128.— Schol.  ad  Aristoph.,  Acham.,  ?"5  )— 14.  (V» 
get.,  De  Re  Milit.,  iv.,  21.) 


EXOULES  DIKE. 


FABA. 


LHOTAH2  MKH  (k^ovlrjc  &kv)-  Ttu  process 
so  called  in  Athenian  law  seems  to  have  been  ori- 
ginally used  as  a  remedy  against  those  who  wrong- 
fully "  kept  others  out"  (k&M.eiv,  ktjeipyeiv)  of  real 
property  which  belonged  to  them.1  The  etymology 
of  the  word  indicates  this,  and  the  speeches  of  De- 
mosthenes against  Onetor  furnish  an  example  of  it. 
( Vid.  Emrvteia.) 

The  diKTf  i^ovlrjc,  however,  does  not  generally 
appear  in  this  simple  shape,  but  rather  as  an  "  actio 
rei  judicata',"  or  an  action  consequent  upon  the  non- 
fultilment  of  a  judgment  in  a  previous  suit ;  the  na- 
ture of  which,  of  course,  modified  the  subsequent 
proceedings.    We  will  consider,  first,  the  case  when 
•  he  main  action  had   reference  to  real  property. 
If  a  plaintiff  was  successful  in  an  action  of  this 
sort,  and  the  defendant  did  not  give  up  possession 
by  the  time  appointed,  two  processes  seem  to  have 
been  open  to  the  former.     Thus  he  might,  if  he 
chose,  proceed  at  once  to  take  possession  (e^arev- 
ecv),  and  if  resisted,  then  bring  his  action  for  eject- 
ment ;8  or  he  might  adopt  a  less  summary  process, 
which,  so  far  as  we  can  understand  the  grammari- 
ans, was  as  follows  :  If  the  property  in  question, 
and  which  the  defendant  refused,  after  judgment 
given,  to  surrender,  was  a  house,  the  plaintiff  brought 
an  action  for  the  rent  (6'lktj  hoiniov) :  if  a  landed 
estate  (xupiov),  for  the  produce  (diKTj  Kapirov).     If 
the  defendant  still  kept  possession,  the  next  step 
was  a  6't.KTi  ovcriac,  or  an  action  for  the  proceeds  of 
all  his  property  by  way  of  indemnification;  and  after 
that  followed  the  diari  kZovhvc.3    The  statement  we 
have  given  from  Hudtwalcker*  rests  mainly  on  its 
inherent  probability  and  the  authority  of  Suidas.5 
Some  grammarians,  however,  do  not  represent  the 
dUij  Kapizov  and  the  6'lkv  ovaiac  as  consequent  upon 
a  previous  action,  but  as  theirs*  steps  taken  before 
a  Siktj  i^ov/.Tjc  was  commenced.    For  a  probable  ex- 
planation of  this,  vid.  Enoikiou  Aikh.     The  question 
now  arises,  What  was  done  if  the  defendant  refused 
to  give  up  possession,  even  after  being  cast  in  the 
tinT}  e^ovTiTjcl     We  are  almost  bound  to  suppose, 
though  we  have  no  express  authority  for  it,  that  a 
plaintiff  would,  under  such  circumstances,  receive 
aid  from  tV.e  public  authorities  to  assist  him   in 
ejecting  the  defendant  ;  but,  independent  of  this,  it 
appears  from  Andocides6  that  a  defendant  incurred 
the  penalty  of  urifxia  if  defeated  in  a  d'tKij  kgovXnc. 

We  wiil  now  explain  the  proceedings  when  the 
main  action  had  no  reference  to  real  property  :  as, 
for  example,  the  6Urj  KaKrjyopiac,  in  which  Meidias 
allowed  judgment  to  go  by  default  (kpjjfi^v  oxple), 
and  neglected  or  refused  to  pay  the  damages  given 
against  him,  so  as  to  become  VTrepf/fxepoc.  Demos- 
thenes,7 the  plaintiff  in  the  case,  says  that  he  might 
have  seized  upon  Meidias's  property  by  way  of 
pledge,  but  that  he  did  not  do  so,  preferring  to  bring 
a  6ikt]  kt-ovhr/c  at  once.  It  is,  of  course,  implied  in 
this  statement,  that  if  he  had  attempted  to  make  a 
seizure,  and  been  resisted,  the  same  process  would 
have  been  equally  open  to  him.  In  fact,  Ulpian8 
informs  us  that  a  Sinn  k^ov'knc  was  the  consequence 
of  such  a  resistance  being  made.  Moreover,  in  ca- 
ses of  this  sort,  it  was  peculiarly  a  penal  action  ;  for 
the  defendant,  if  cast,  was  required  to  pay  to  the 
public  treasury  a  fine  of  the  same  amount  as  the 
damages  (7  naradi/a])  due  to  the  plaintiff9  The 
penalty  of  arifiia  also  was  inflicted  till  both  the  fine 
and  damages  were  paid.  Lastly,  Pollux10  informs 
us,  el  6  fiev  uc  kuvjjfievoc  a/LKpioGriTei  kttj/lhitoc,  6  de 
ttc  VTtodrJKriv  exuv,  ktjovXnc  rj  6iktj,  words  which  to 


1.  (Harpocr.,  s.  v.— Pollux,  Onom.,  viii.,  95.— Buttmann,  Lex- 
il..  260,  transl.)— 2.  (Etymol.  Mag.,  'E£.  6Ur,.— Pollux,  Onom., 
Tin.,  59.)— 3.  (Harpocr.,  s.  v.  Ovaias  cUv-— Suidas,  Kapirov  (5ocr/.) 
—4.  (p.  143.)— 5.  (1.  c.)—Q.  (Hcpi  Mwffnwuv,  p-  10,  16.)— 7.  (c. 
Meid.,  540,  21.)— 8.  (Demosth.,  c.  Moid  ,  523  11.)— 9.  (Demosth., 
c  Meid.,  528,  11.) — 10   (viii.,  59  ) 


Hudtwalcker  seem  obscure,  but  simply  mean  thai 
if  one  person  claimed  a  property  as  purchaser,  and 
another  as  mortgagee,  or  as  having  a  lien  upon  it, 
tne  dispute  was  settled  by  an  k^ov'knc  6ck7j.  In  such 
a  case,  it  would,  of  course,  be  merely  a  civil  action 
to  try  a  right. 

EXPEDFTUS  is  opposed  to  "  impe&tua,"1  and 
signifies  unencumbered  with  armour  or  with  baggage 
(impedimenta).  Hence  the  light-armed  soldiers  in 
the  Roman  army  (p.  104)  were  often  called  the  Ex- 
pediti  ;a  and  the  epithet  was  also  applied  to  any 
portion  of  the  army,  when  the  necessity  for  haste, 
or  the  desire  to  conduct  it  with  the  greatest  facility 
from  place  to  place,  made  it  desirable  to  leave  be- 
hind every  weight  that  could  be  spared.3 

EXPLORATO'RES.     (Vid.  Speculatores.) 

EXSEQULE.     (Vid.  Funus.) 

EXSPLIUM.     (Vid.  Banishment,  Roman.) 

EXSUL.     (Vid.  Banishment,  Roman.) 

EXTISPEX.     (Vid.  Haruspex.) 

EXTRAORDINA'RII  (interpreted  by  Polybiu* 
and  Suidas  by  the  Greek  word  'JZ-xikkKToi,  selected) 
were  the  soldiers  who  were  placed  about  the  person 
of  the  consul  in  the  Roman  army.  They  consisted 
of  about  a  third  part  of  the  cavalry  and  a  fifth  part 
of  the  infantry  of  the  allies,  and  were  chosen  by  the 
prefects.*  Hence,  for  a  legion  of  4200  foot  and  300 
horse,  since  the  number  of  the  infantry  of  the  allies 
was  equal  to  that  of  the  Roman  soldiers,  and  their 
cavalry  twice  as  many,  the  number  of  extraordina- 
rii  would  be  840  foot  and  200  horse,  forming  two 
cohorts,  which  are  mentioned  by  Livy  ;5  or,  in  an 
army  of  two  legions,  four  cohorts.6 

From  the  extraordinarii  a  body  of  chosen  men 
was  taken  to  form  a  body-guard  for  the  consul. 
These  were  called  ablecti  (dno?JKTot).  Their  num- 
ber is  uncertain.  Lipsius  conjectures  that  they 
consisted  of  40  out  of  the  200  cavalry,  and  168  out 
of  the  840  infantry  of  the  extraordinarii,  making  t.ia 
whole  number  of  the  ablecti  in  a  consular  army  80 
horse  and  336  foot.7 


*FABA  (Kvaiior),  the  Bean.  Dioscorides8  makes 
mention  of  two  kinds,  the  Grecian  and  Egyptian 
('til?>7]viK6c  and  AlyvirTioc).  The  Kva/nog  'E70\,7]vik6c 
is  generally  held  to  be  the  Vicia  Faba,  but  there  is 
considerable  difficulty,  according  to  Adams,  in  de- 
termining exactly  the  variety  of  it  most  applicable 
to  the  descriptions  of  the  ancient  bean.  The  most 
probable  opinion  appears  to  be  that  of  Dickson,  who 
thinks  that  the  Faba  minor  of  Miller,  namely,  the 
Horse-bean,  answers  best  to  the  descriptions  oi 
Theophrastus.9  The  kvu/xoc  AlyvirTioc  is  the  Ne 
lumbium  speciosum.  Its  edible  root  was  termed 
Kohonaoia,  and  its  fruit  KiOuptov.  The  ancients 
made  a  kind  of  bread  out  of  beans,  called  aproc  kv- 
ufiivoc,  or  panis  ex  faba.  "  Galen  remarks  that 
beans  were  much  used  by  gladiators  for  giving 
them  flesh,  but  adds  that  it  was  not  firm  or  com- 
pact. Dr.  Cullen  notices  the  nutritious  qualities  of 
these  things,  but  omits  to  mention  that  the  flesh 
which  they  form  is  deficient  in  firmness.  Actua- 
rius  states  that  they  are  nutritious,  but  dissuades 
from  using  them  freely,  on  account  of  their  flatu- 
lence. According  to  Celsus,  both  beans  and  lentils 
are  stronger  food  than  pease.  Seth  agrees  with 
Galen,  that  the  flesh  formed  from  them  is  flabby 
and  soft.  Galen  directs  to  fry  beans,  or  boil  them 
with  onions,  whereby  they  will  be  rendered  less 
flatulent."10    The  bean  is  said  to  have  come  origi 


1.  (Plaut.,  Epid.,  i.,  1,  79.)— 2.  (Fcstus,  s.  v.  Advelitatio.)— 3 
(Cic.  ad  Fam.,  x\\,  4.)— 4.  (Polyb.,  vi.,  28,  p.  472,  Ca?aub.)— 5 
(xxxiv.,47.) — 6.  (Liv.,  xl.,27.) — 7.  (Lipsius,  De  Militia  Rornana, 
ii-  7  ;  v.,  3.)— 8.  (ii.,  127.)— 9.  (II.  F.,viii.,9.— Id.,  C.  P  ,  iii.,23.i 
-  10.  (Adams,  Commentary  on  Paul  of  /Kgina,  p.  102.; 

427 


FALSUM. 


FALX 


nally  from  Peisia.1  The  Romans  held  it  in  higli 
estimation,  and  Pliny  assigns  it  the  first  rank  among 
leguminous  plants.  Pythagoras,  as  is  well  known, 
proscribed  beans,  a  prohibition  which  would  seem 
to  have  been  rather  dietetic  than  physical  or  moral. 
The  abstaining  from  beans  was  also  enjoined  on  the 
Egyptians.  Herodotus  says  that  beans  were  never 
sown  in  any  part  of  Egypt,  and  that,  if  some  hap- 
pened to  grow  there,  the  Egyptians  would  not  eat 
them,  either  crude  or  dressed.  As  for  the  priests, 
adds  he,  they  abhor  the  very  sight  of  that  pulse,  ac- 
counting it  impure  and  abominable.2  The  Pytha- 
gorean prohibition,  therefore,  would  seem  to  have 
been  of  Egyptian  origin. 

FABR1  are  workmen  who  make  anything  out  of 
hard  materials,  as  fabri  tignarii,  carpenters,  fabri 
<zrarii,  smiths,  &c.  The  different  trades  were  di- 
vided by  Numa3  into  nine  collegia,  which  corre- 
spond to  our  companies  or  guilds.  In  the  consti- 
tution of  Servius  Tullius,  the  fabri  tignarii  (tzkto- 
veg*)  and  the  fabri  cerarii  or  ferrarii  (xo^kotvivol) 
were  formed  into  two  centuries,  which  were  called 
the  centurise  fabrum,  and  not  fabrorum.6  They  did 
not  belong  to  any  of  the  five  classes  into  which  Ser- 
vius divided  the  people ;  but  the  fabri  tign.  probably 
voted  with  the  first  class,  and  the  fabri  ar.  with  the 
second.  Livy6  and  Dionysius7  name  both  the  cen- 
turies together  :  the  former  says  that  they  voted 
with  the  first  class  ;  the  latter,  that  they  voted 
with  the  second.  Cicero8  names  only  one  century 
of  fabri,  which  he  says  voted  with  the  first  class  ; 
but  as  he  adds  the  word  tignariorum,  he  must  have 
recognised  the  existence  of  the  second  century, 
which  we  suppose  to  have  voted  with  the  second 
class.9 

The  fabri  in  the  army  were  under  the  command 
of  an  officer  called  prcefectus  fabrum.10  It  has  been 
upposed  by  some  modern  writers  that  there  was  a 
praefectus  fabrum  attached  to  each  legion  ;  and  this 
may  have  been  the  case.  No  genuine  inscriptions, 
however,  contain  the  title  of  praefectus  fabrum  with 
the  name  of  a  legion  added  to  it.  There  were  also 
civil  magistrates  at  Rome,  and  in  the  municipal 
towns,  called  praefecti  fabrum  ;  but  we  know  no- 
thing respecting  them  beyond  their  name.  Thus 
we  find  in  Gruter,  Pr^ef.  Fabr.  Rom^e,11  Prafec- 
tus Fabr.  Car.12  The  subject  of  the  praefecti  fa- 
brum is  discussed  with  great  accuracy  in  a  letter  of 
Hagenbuchius,  published  by  Orelli.13 

FA'BULA  PALLIA'TA.    ( Vid.  Com<edia,  p.  300.) 

FA'BULA  PRjETEXTATA.  (  Vid.  Comcedia, 
p.  300.) 

FA'BULA  TOGA'TA.     (Vid.  Comcedia,  p.  300.) 

FACTIO'NES  AURIGA'RUM.  (Vid.  Circus,  p. 
256.) 

*FAGUS,  the  Beech-tree.  The  name  is  suppo- 
sed to  be  derived  from  the  Greek  <pdyw,  "  to  eat," 
as  indicating  that  its  fruit  served  for  the  nourish- 
ment of  the  early  race  of  men.  The  fagus  of  Pliny 
is  the  same  with  that  of  Virgil,  both  writers  mean- 
ing the  beech  ;  but  the  <j>7?yog  of  Theophrastus  is  a 
species  of  oak.  (Vid.  JEsculvs.)  La  Cerda  falls 
into  the  mistake  of  confounding  the  fagus  and  <prj- 


14 


yoc. 

FALA'RICA.     (Vid.  Hasta.) 
FALCI'DIA  LEX.     (Vid.  Legatum.) 
FALSUM.     The  crime  of  falsum  was  the  subject 
of  a  Judicium  Publicum,  and  it  was  the  object  of  a 
ex  Cornelia  (passed  by  Sulla),  which  Cicero  also 

1.  (F*e,  Flore  de  Virgile,  p.  lii.)  — 2.  (Herod.,  ii.,  37.)— 3. 
Plut.,  Numa,  17.)— 4.  (Orelli,  Inscrip.,  60,  417,  3C90,  4086, 
1088,  4184.)— 5.  (Cic.,  Orat.,  46.)— 6.  (i ,  43.)— 7.  (vii.,  59.)— 8. 
(De  Rep.,  ii.,  22.) — 9.  (Gtittling,  Gesch.  der  Rom.  Staatsv.,  p. 
249.)— 10.  (Caes.,  ap.  Cic.  ad  Att.,  ix.,  8.— Bell.  Civ.,  i.,  24.— 
Veget.ii.,  11.)— 11.  (467,  7.)— 12.  (235,  &)— 13.  (Inscrip.,  vol. 
ii.,  p.  95,  &c.)— 14.  (Fee,  Tlore  de  Virgile,  p.  liii. — Martyn  ad 
Virg.,  Eclog.,  i.,  1.) 
428 


calls  testamentaria  and  numaria,1  with  i-eferei.ee  tu 
the  crimes  which  it  was  the  object  of  the  law  to 
punish.  The  provisions  of  this  lex  are  stated  by 
Paulus,3  who  also  entitles  it  lex  Cornelia  testa- 
mentaria, to  apply  to  any  person  "  qui  testamentum 
quodve  aliud  instrumentum  falsum  sciens  dolo  malo 
scripserit,  recitaverit,  subjecerit,  suppresserit,  amoverit, 
resignaverit,  deleverit,"  &c.  The  punishment  was 
deportatio  in  insulam  (at  least  when  Paulus  wrote) 
for  the  "  honestiores,"  and  the  mines  or  crucifixion 
for  the  "  humiliores."  In  place  of  deportatio,  the 
law  probably  contained  the  punishment  of  the  inter- 
dictio  aquae  et  ignis.  According  to  Paulus,  the  law 
applied  to  any  instrument  as  well  as  a  will,  and  to 
the  adulteration  of  gold  and  silver  coin,  or  refusing 
to  accept  in  payment  genuine  coin  stamped  with  the 
head  of  the  princeps.  But  it  appears  from  Ulpian 
(sub  titulo  de  pozna  legis  Cornelia  testamentaria)  that 
these  were  subsequent  additions  made  to  the  lex 
Cornelia3  by  various  senatus  consulta.  By  a  sena- 
tus  consultum,  in  the  consulship  of  Statilius  and 
Taurus,  the  penalties  of  the  law  were  extended  to 
the  case  of  other  than  testamentary  instruments. 
It  is  conjectured  that,  for  the  consulship  of  Statilius 
and  Taurus,  as  it  stands  in  the  text  of  Ulpian,  we 
should  read  Statilius  Taurus,  and  that  the  consul- 
ship of  Statilius  Taurus  and  L.  S.  Libo  (A.D.  15)  is 
meant.  A  subsequent  senatus  consultum,  in  the 
fourteenth  year  of  Tiberius,  extended  the  penalties 
of  the  law  to  those  who  for  money  undertook  the 
defence  of  a  (criminal!)  cause,  or  to  procure  testi- 
mony ;  and  by  a  senatus  consultum,  passed  between 
the  dates  of  those  just  mentioned,  conspiracies  foi 
the  ruin  of  innocent  persons  were  comprised  within 
the  provisions  of  the  law.  Another  senates  consult 
um,  passed  A.D.  26,  extended  the  law  to  those  who 
received  money  for  selling,  or  giving,  or  not  giving 
testimony.  There  were  probably  other  legislative 
provisions  for  the  purpose  of  checking  fraud.  In 
the  time  of  Nero,  it  was  enacted  against  fraudulent 
persons  (falsarii)  that  tabulae  or  written  contracts 
should  be  pierced  with  holes,  and  a  triple  thread 
passed  through  the  holes,  in  addition  to  the  signa- 
ture.* In  the  time  of  Nero,  it  was  also  provided 
that  the  first  two  parts  (cerai)  of  a  will  should  have 
only  the  testator's  signature,  and  the  remaining  one 
that  of  the  witnesses  :  it  was  also  provided  that  no 
man  who  wrote  the  will  should  give  himself  a  leg- 
acy in  it.  The  provisions  as  to  adulterating  money 
and  refusing  to  take  legal  coin  in  payment  were  also 
made  by  senatus  consulta  or  imperial  constitutions. 
Allusion  is  made  to  the  latter  law  by  Arrian.5  It 
appears,  from  numerous  passages  in  the  Roman 
writers,  that  the  crime  of  falsum  in  all  its  forms 
was  very  common,  and  especially  in  the  case  of 
wills,  against  which  legislative  enactments  are  a 
feeble  security.6 

FALX,  dim.  FALCULA  (apirn,  dpeiravov,  poet 
dpsTrdvn,  dim.  SpeTrdviov),  a  sickle ;  a  scythe ;  a  pru- 
ning-knife  or  pruning-hook  ;  a  bill ;  a  falchion  ;  a 
halbert. 

As  Culter  denoted  a  knife  with  one  straight 
edge,  "  falx"  signified  any  similar  instrument,  the 
single  edge  of  which  was  curved  (kpeiravov  ev- 
fcaurcsc  ;7  yauipiig  Speirdvag  ;9  curves,  falces  ;9  curva- 
mine  folds  ahence,  ;:0  adunca  falce11).  By  additional 
epithets  the  various  uses  of  the  falx  were  indicated, 
and  its  corresponding  varieties  in  form  and  size 
Thus  the  sickle,  because  it  was  used  by  reapers, 
was  called  falx  messoria ;  the  scythe,  which  was 
employed  in  mowing  hay,  was  called  falx  foznaria ; 

1.  (In  Verr.,  ii.,  lib.  1,  c.  42.)— 2.  (Sent.  Recept.,  v.,  25.  ed. 
Berl.)— 3.  (Mos.  et  Rom.,  Leg.  Coll.,  tit.  8,  s  7.)— 4.  (Suet., 
Nero,  c.  17. — Compare  Paulus,  Sent.  Recept.,  v.,  tit.  25,  8.  6.) — 
5.  (Epict.,  iii.,  3.) — 6.  (Heinecc,  Syntagma.) — 7.  (Horn.,  Od 
xviii.,  367.)— 8.  (Brunck,  Anal.,ii.,  215.)— 9.  (Virg.,  Georg :,  i.f 
508.)— 10.  (Ovid,  Met.,  vii.,  2?'.)— 11.  (xiv.,  628.) 


FALX. 


FAMILIA 


the  pruning-knife  and  the  bill,  on  account  of  their 
use  in  dressing  vines,  as  well  as  in  hedging  and  in 
cutting  off  the  shoots  and  branches  of  trees,  were 
distinguished  by  the  appellation  of  falx  putatoria, 
vinitona,  arboraria,  or  sihitica?  or  by  the  diminu- 
iivefalcula* 

A  rare  coin  published  by  Pellerin3  shows  the 
nead  of  one  of  the  Lagidae,  kings  of  Egypt,  wearing 
the  Diadema,  and  on  the  reverse  a  man  cutting 
down  corn  with  a  sickle.     (See  woodcut.) 


The  lower  figure  in  the  same  woodcut  is  taken 
from  the  MSS.  of  Columella,  and  illustrates  his  de- 
scription of  the  various  parts  of  the  falx  vinitoria* 
(Vid.  Culter.)  The  curvature  in  the  forepart  of 
the  blade  is  expressed  by  Virgil  in  the  phrase  pro- 
curva  falx.*  In  this  form  the  bill  must  have  been 
used  by  hunters  to  cut  their  way  through  thickets.6 
After  the  removal  of  a  branch  by  the  pruning-hook, 
it  was  often  smoothed,  as  in  modern  gardening,  by 
the  chisel.7  {Vid.  Dolabra.)  The  edge  of  the  falx 
was  often  toothed  or  serrated  (up-n^v  napxapodov- 
ra  ;8  denticulata9).  The  indispensable  process  of 
sharpening  these  instruments  (upirriv  xapaco-efievai,10 
<spnr,v  evKafiTT7j  veodr/yia11)  was  effected  by  whet- 
stones, which  the  Romans  obtained  from  Crete  and 
other  distant  places,  with  the  addition  of  oil  or  wa- 
ter, which  the  mower  (fanisex)  carried  in  a  horn 
upon  his  thigh.12 

Numerous  as  were  the  uses  to  which  the  falx 
was  applied  in  agriculture  and  horticulture,  its 
employment  in  battle  was  almost  equally  varied, 
though  not  so  frequent.  The  Geloni  were  noted  for 
its  use.13  It  was  the  weapon  with  which  Jupiter 
wounded  Typhon  ;14  with  which  Hercules  slew  the 
Lernagan  Hydra  ;15  and  with  which  Mercury  cut  off 
the  head  of  Argus  (falcato  ense;16  harpen  Cyllenida-'). 
PersoAis,  having  received  the  same  weapon  from 
Mercury,  or,  according  to  other  authorities,  from  Vul- 
can, used  it  to  decapitate  Medusa  and  to  slay  the 
sea-monster.18  From  the  passages  now  referred  to, 
we  may  conclude  that  the  falchion  was  a  weapon 
of  the  most  remote  antiquity  ;  that  it  was  girt  like 
a  dagger  upon  the  waist ;  that  it  was  held  in  the 
hand  by  a  short  hilt ;  and  that,  as  it  was,  in  fact,  a 
dagger  or  sharp-pointed  blade,  with  a  proper  falx 
projecting  from  one  side,  it  was  thrust  into  the  flesh 
up  to  this  lateral  curvature  (curvo  tenus  abdidit 
kamo).  In  the  annexed  woodcut,  four  examples  are 
•elected  from  works  of  ancient  art  to  illustrate  its 

1.  (Catoy  Dr.  Re  Rust.,  10,  11— Pallad.,  i.,  43.— Colum.,  iv., 
*5.)— 2.  (Colum.,  xii.,  18.)— 3.  (Med.  de  Rois,  Par.,  1762,  p. 
W8.1— 4  (De  Re  Rust.,  iv.,  25,  p.  518,  ed.  Gesner.)— 5.  (Geor^., 
ii.,  421.)— 6.  (Grat.,  Cyneg.,  343.)— 7.  (Colum.,  De  Arbor.,  10.) 
—$.  (Hesiod,  Theog.,  174,  179.)— 9.  (Colum.,  De  Re  Rust.,  ii., 
2!.)— 10  (Hesiod,  Op.,  573.)— 11.  (Apoll.  Rhod.,  iii.,  1388.)— 
12.  (Plm.,  H.  N.,  xviii.,  67,5.)— 13.  (Claudian,  De  Laud.  Stil., 
i.,  110.)— 14.  (Apollod.,  i..  6.)— 15.  (Eurip.,  Ion,  191.)— 16. 
(Ovid,  Met.,  i.,  718.)— 17.  (Lucan,  ix!,  662-677.)— 18.  (Apollod., 
ii.,  4.— Eratoslh.,  Catast.,  22.— Ovid,  Met.,  iv.,  666,  720,  727  ; 
v.,  69.  -Brunck,  Anal.,  iii.,  157.) 


form.  One  of  the  four  cameos,  here  copied  repie- 
sents  Perseus  with  the  falchion  in  his  right  hand, 
and  the  head  of  Medusa  in  his  left.  The  two 
smaller  figures  are  heads  of  Saturn,  with  the  falx  in 
its  original  form  ;  and  the  fourth  cameo,  represent- 
ing the  same  divinity  at  full  length,  was  probably 
engraved  in  Italy  at  a  later  period  than  the  others, 
but  early  enough  to  prove  that  the  scythe  was  in 
use  among  the  Romans,  while  it  illustrates  the 
adaptation  of  the  symbols  of  Saturn  (Kpovog  :  se 
ncx  falcifcr1)  for  the  purpose  of  personifying  Time 
(Xpdvog),  who,  in  the  language  of  an  ancient  epi- 
gram,3 destroys  all  things  (fiiy  dpEndvrj)  with  the 
same  scythe.3 

If  we  imagine  the  weapon  which  has  now  been 
described  to  be  attached  to  the  end  of  a  pole,  it 
would  assume  the  form  and  be  applicable  to  all 
the  purposes  of  the  modern  halbert.  Such  must 
have  been  the  asseres  falcati  used  by  the  Romans 
at  the  siege  of  Ambracia.*  (Vid.  Aries,  Antenna.) 
Sometimes  the  iron  head  was  so  large  as  to  be  fas- 
tened, instead  of  the  ram's  head,  to  a  wooden 
beam,  and  worked  by  men  under  a  testudo.5 

Lastly,  the  Assyrians,  the  Persians,  the  Medes, 
and  the  Syrians  in  Asia,6  and  the  Gauls  and  Brit- 
ons in  Europe  (vid.  Covinus),  made  themselves  for- 
midable on  the  field  of  battle  by  the  use  of  chariots 
with  scythes,  fixed  at  right  angles  (etc;  irTiayiov)  to 
the  axle  and  turned  downward,  or  inserted  parallel 
to  the  axle  into  the  felly  of  the  wheel,  so  as  to  re- 
volve, when  the  chariot  was  put  in  motion,  with 
more  than  thrice  the  velocity  of  the  chariot;  itself; 
and  sometimes  also  projecting  from  the  extremities 
of  the  axle. 

FAMI'LIA.  The  word  "familia"  contains  the 
same  element  as  the  word  "  famulus,"  a  slave,  and 
the  verb  "  famulari."  In  its  widest  sense  it  signi- 
fies the  totality  of  that  wrhich  belongs  to  a  Roman 
citizen  who  is  sui  juris,  and  therefore  a  paterfamiij- 
as.  Thus,  in  the  third  kind  of  testamentary  dispo- 
sition mentioned  by  Gaius,7  the  word  "  familia"  is 
explained  by  the  equivalent  "patrimonium  ;"  and 
the  person  who  received  the  familia  from  the  testa- 
tor (qui  a  testatore  familiam  accipiebat  mancipio)  was 
called  "  familiae  emptor."  In  the  same  sense  we 
find  the  expression  "  erciscundae  familiae."* 

But  the  word  "  familia"  is  sometimes  limited  to 
signify  "  persons,"  that  is,  all  those  who  are  in  the 


1.  (Ovid,  Fast.,  v.,  627  ;  in  Ibin,  216.)— 2.  (Brunck,  Anal,  I 
iii.,  281.)— 3.  (See  Mariette, "  Traite  des  Pierres  Gravees,"  t.  ii., 
pi.  2,  3.) — 4.  (Liv.,  xxxviii.,  5. — Compare  Caes.,  Bell.  Gall.,  vii.. 
22,86.— Q.  Curt.,  iv.,  19.)— 5.  (Veget.,  iv.,  14.)— 6.  (Xen.,  Cy- 
rop.,  vi.,  1,  2. — Anab.,  i.,  8. — Diod.  Sic,  ii.,  5  ;  xvii.,  53. — Polyb., 
v.,  53.— Q  Curt.,  iv.,  9, 12, 1?.— Aul.  Gell.,  v.,5.  — 1  Mace,  xni., 
2.— Veget.,  iii.,  24.— Liv-  xxxvii.,  41.)— 7.  (ii.,  102.)— 8.  (Cic, 
Orat.,  i.,  56.) 

429 


FAMILIA. 


FARTOR. 


pi>wei  of  a  paterfamilias,  such  as  his  sons  (filii-fa- 
Kiilias),  daughters,  grandchildren,  and  slaves.  When 
"  familia"  is  used  in  this  sense,  it  is  opposed  to  in- 
animate things  ;  and  this  seems  to  be  the  sense  of 
the  word  familia  in  the  formula  adopted  by  the  "fa- 
milise  emptor"  on  the  occasion  of  taking  the  testa- 
tor's familia  by  a  fictitious  purchase  :  "  Familiam  pe- 
cumamque  tuam"  &c.  In  another  sense  "  familia" 
signifies  all  the  free  persons  who  are  in  the  power 
of  a  paterfamilias  ;  and  in  a  more  extended  sense 
of  this  kind,  all  those  who  are  agnati,  that  is,  all 
who  are  sprung  from  a  common  ancestor,  and  would 
be  in  his  power  if  he  were  living.  {Vid.  Coonati.) 
With  this  sense  of  familia  is  connected  the  status 
familia?,  by  virtue  of  which  a  person  belonged  to  a  par- 
ticular familia,  and  thereby  had  a  capacity  for  certain 
rights  which  only  the  members  of  the  familia  could 
claim.  A  person  who  changed  this  status  ceased  to 
belong  to  the  familia,  and  sustained  a  capitis  diminu- 
tio  minima.  (F^.Adoptio,  Caput.)  Members  of  the 
•same  family  were  "  familiares  ;"  and  hence  famili- 
aris  came  to  signify  an  intimate  friend.  Slaves  who 
belonged  to  the  same  familia  were  called,  with  re- 
spect to  this  relation,  familiares.  Generally,  "  famil- 
iaris"  might  signify  anything  relating  to  a  familia. 

Sometimes  "  familia"  is  used  to  signify  the  slaves 
belonging  to  a  person,1  or  to  a  body  of  persons  (so- 
cietas),  in  which  sense  they  are  sometimes  opposed 
to  liberti,2  where  the  true  reading  is  "  liberti."3 

In  the  passage  of  the  Twelve  Tables  which  de- 
clares that  in  default  of  any  heres  suus,  the  property 
of  the  intestate  shall  go  to  the  next  agnatus,  the 
word  "  familia"  signifies  the  property  only  :  "  Ag- 
natus proximus  familiam  habeto."  In  the  same  sec- 
tion in  which  Ulpian4  quotes  this  passage  from  the 
Twelve  Tables,  he  explains  agnati  to  be  "  cognati 
virilis  sexus  per  mares  descendentes  ejusdem  families. ," 
where  the  word  "  familia"  comprehends  only  per- 
sons.6 

The  word  familia  is  also  applied  (improperly)  to 
sects  of  philosophers,  and  to  a  body  of  gladiators  : 
in  the  latter  sense  with  less  impropriety. 

A  paterfamilias  and  a  materfamilias  were  respect- 
ively a  Roman  citizen  who  was  sui  juris,  and  his 
lawful  wife.  A  filiusfamilias  and  a  filiafamilias  were 
a  son  and  daughter  in  the  power  of  a  paterfamilias. 
The  familia  of  a  paterfamilias,  in  its  widest  sense, 
comprehended  all  his  agnati ;  the  extent  of  which 
term,  and  its  legal  import,  are  explained  under  Cog- 
nati. The  relation  of  familia  and  gens  is  explain- 
ed under  Gens. 

The  five  following  personal  relations  are  also  com- 
prehended in  the  notion  of  familia  :  1.  Manus,  or 
the  strict  marriage  relation  between  husband  and 
wife  ;  2.  Servitus,  or  the  relation  of  master  and 
slave  ;  3.  Patronatus,  or  the  relation  of  former  mas- 
ter to  former  slave ;  4.  Mancipii  causa,  or  that  in- 
termediate state  between  servitus  and  libertas,  which 
characterized  a  child  who  was  mancipated  by  his 
father  (vid.  Emancipatio)  ;  5.  Tutela  and  Curatio, 
tfte  origin  of  which  must  be  traced  to  the  Patria  Po- 
test.as.  These  relations  are  treated  under  their  ap- 
propriate heads. 

The  doctrine  of  representation,  as  applied  to  the 
acquisition  of  property,  is  connected  with  the  doc- 
trine of  the  relations  of  familia  ;  but,  being  limited 
with  reference  to  potestas,  manus,  and  municipium, 
it  is  not  coextensive  nor  identical  with  the  relations 
of  familia.  Legal  capacity  is  also  connected  with 
the  relations  of  familia,  though  not  identical  with, 
but  rather  distinct  from  them.  The  notions  of  li- 
beri  and  servi,  sui  juris  and  alien i,  are  comprised  in 
the  above-mentioned  relations  of  familia.     The  dis- 

1.  (Cic.  ad  Div.,  xiv  ,  4.— Ad  Quint.,  ii.,  Epist.  6.)— 2.  (Cic, 
Brut.,  22.)— 3.  (Cic.  ad  Fam.,  i.,  3.)  — 4.  (Frag.,  tit.  26,  i.)  —5. 
'Dig.  50,  tit.  16,  s.  195  ;  10,  tit.  2.) 
430 


tinction  of  Gives,  Latini,  Peregnni,  are  entirely  un- 
connected with  the  relations  of  familia.    Many  of 
the  relations  of  familia  have  also  no  effect  on  legal 
capacity,  for  instance,  marriage  as  such.    That  fam 
ily  relationship  which  has  an  influence  on  legal  ca 
pacity  is  the  Patria  Potestas,  in  connexion  with 
which  the  legal  capacities  and  incapacities  of  Alius 
familias,  filiafamilias,  and  a  wife  in  manu,  may  bv 
most  appropriately  considered.1 

FAMI'LLE  EMPTOR.     (Vid.  Familia.) 

FAMI'LLE  ERCISCUND^  ACTIO.  Ever) 
heres,  who  had  full  power  of  disposition  over  his 
property,  was  entitled  to  a  division  of  the  hereditas, 
unless  the  testator  had  declared,  or  the  co-heredes 
had  agreed,  that  it  should  remain  in  common  for  a 
fixed  time.  The  division  could  be  made  by  agree 
ment  among  the  co-heredes  ;  but  in  case  they  could 
not  agree,  the  division  was  made  by  a  judex.  For 
this  purpose  every  heres  had  against  each  of  his  co- 
heredes  an  actio  familiae  erciscundae,  which,  like  the 
actiones  communi  dividundo,  and  finium  regundo- 
rum,  was  of  the  class  of  Mixtae  Actiones,  or,  as  they 
were  sometimes  called,  Duplicia  Judicia,  because, 
as  in  the  familiae  erciscundoe  judicium,  each  herea 
was  both  plaintiff  and  defendant  (actor  and  reus) ; 
though  he  who  brought  the  actio  and  claimed  a  ju 
dicium  (ad  judicium  provocavit)  was  properly  the  aG 
tor.  A  heres,  either  ex  testamento  or  ab  intestate 
might  bring  this  action.  All  the  heredes  were  liable 
to  the  bonorum  collatio  (vid.  Bonorum  Collatio), 
that  is,  bound  to  allow,  in  taking  the  account  of  the 
property,  what  they  had  received  from  the  testator 
in  his  lifetime,  as  part  of  their  share  of  the  hereditas, 
at  least  so  far  as  they  had  been  enriched  by  such 
donations. 

This  action  was  given  by  the  Twelve  Tables. 
The  word  Familia  here  signifies  the  "  property,"  as 
explained  in  the  previous  article,  and  is  equivalent 
to  hereditas. 

The  meaning  and  origin  of  the  verb  ac-iscere,  01 
herc-iscere,  have  been  a  subject  of  some  dispute. 
It  is,  however,  certain  that  the  word  means  "  di- 
vision."3 

FANUM.     (Vid.  Templum.) 

♦FAR,  Spelt,  often  put  for  corn  generally.  Ac 
cording  to  Martyn,  it  is  a  sort  of  corn  very  like 
wheat ;  but  the  chaff  adheres  so  strongly  to  the 
grain  that  it  requires  a  mill  to  separate  them,  like 
barley  The  far  of  the  Romans  was  the  same  with 
the  &ia  or  feo  of  the  Greeks.  "  The  ti^tj  of  Theo- 
phrastus,  the  olvpa  of  Homer,  as  well  as  the  far 
and  adoreum  of  the  Romans,  were  in  all  probability," 
says  Adams,  "  merely  varieties  of  Spelt."  "  Far 
was  the  corn  of  the  ancient  Italians,"  remarks  Mar- 
tyn, "  and  was  frequently  used  in  their  sacrifices 
and  ceremonies,  whence  it  is  no  wonder  that  this 
word  was  often  used  for  corn  in  general."  The 
modern  botanical  name  of  Far  is  Triticum  spelta. 
Dioscorides  mentions  two  kinds  of  Zca :  one  the 
simple  kind,  [iovokokkoc,  Triticum  monococcum ;  the 
other  the  double,  6lk6kkoc,  Triticum  spelta.  Homer 
makes  mention  of  Zea,  as  does  also  Theophrastus  ; 
the  latter  gives  it  the  epithet  of  robust  or  hardy, 
which  is  also  applied  to  it  by  Virgil. 

FARTOR  (atTEVT^c)  was  a  slave  who  fattened 
poultry.3  Donatus*  says  that  the  name  was  given 
to  a  maker  of  sausages ;  but  compare  Becker,  Gal- 
lus,  ii.,  p.  190. 

The  name  of  fartores  or  crammers  was  also  given 
to  the  nomenclatores,  who  accompanied  the  candi- 
dates for  the  public  offices  at  Rome,  and  gave  them 
the  names  of  such  persons  as  they  might  meet.8 

1.  (Savigny,  System  des  heutigen  Rom.  Rechtes,  vols,  i.,  ii., 
Berlin,  1840.)— 2.  (Dig.  10,  tit.  2.  —  Cic.,  De  Orat.,  i.,  56.— Prfl 
CiBcina,  c.  7.— Apul.,  Met.,  ix.,  p.  210,  Bipont.)— 3.  (Colum. 
viii.,  7.— Hor.,  Sat.,  II.,  iii.,228.—  Plaut.,  True,  I.,  ii.,  11.)— 4 
(ad  Terent.,  Eun.,  II.,  ii.,  26.)— 5.  (Festus,  s.  v.  Faitores.) 


FASCES. 


FASOiWCJM. 


*  aSCES  were  tods  bound  in  the  form  of  a  bun- 
dle, and  containing  an  axe  (sccuris)  in  the  middle, 
the  iron  of  which  projected  from  them.  These 
rods  were  carried  by  lictors  before  the  superior  ma- 
gistrates at  Rome,  and  are  often  represented  on  the 
reverse  of  consular  coins.1  The  following  woodcuts 
give  the  reverses  of  four  consular  coins ;  in  the  first 
of  which  we  see  the  lictors  carrying  the  fasces  on 
their  shoulders  ;  in  the  second,  two  fasces,  and  be- 
tween them  a  sella  curulis  ;  in  the  third,  two  fasces 
crowned,  with  the  consul  standing  between  them ; 
and  in  the  fourth,  the  same,  only  with  no  crowns 
around  the  fasces. 


The  next  two  woodcuts,  which  are  taken  from 
\he  consular  coins  of  C.  Norbanus,  contain,  in  addi- 
tion to  the  fasces,  the  one  a  spica  and  caduceus, 
and  the  other  a  spica,  caduceus,  and  prora. 


'  The  fasces  appear  to  have  been  usually  made  of 
birch  (belulld2),  but  sometimes  also  of  the  twigs  of 
the  elm.3  They  are  said  to  have  been  derived  from 
Vetulonia,  a  city  of  Etruria.*  Twelve  were  carried 
before  each  of  the  kings  by  twelve  lictors  ;  and  on 
the  expulsion  of  the  Tarquins,  one  of  the  consuls 
was  preceded  by  twelve  lictors  with  the  fasces  and 
secures,  and  the  other  by  the  same  number  of  lic- 
tors with  the  fasces  only,  or,  according  to  some  ac- 
counts, with  crowns  round  them.5  But  P.  Valerius 
Publicola,  who  gave  to  the  people  the  right  of  prov- 
ocate, ordained  that  the  secures  should  be  removed 
from  the  fasces,  and  allowed  only  one  of  the  consuls 
to  be  preceded  by  the  lictors  while  they  were  at 
Rome.6  The  other  consul  was  attended  only  by  a 
single  accensus.  (Vid.  Accensus.)  When  they 
*/ere  out  of  Rome,  and  at  the  head  of  the  army, 
e?.ch  of  the  consuls  retained  the  axe  in  the  fasces, 
aiwi  was  preceded  by  his  own  lictors  as  before  the 
time  of  Valerius.7     {Vid.  Consul.) 

When  the  decemviri  were  first  appointed,  the 
fasces  were  only  carried  before  the  one  who  presi- 

1.  v'Spanh.,  De  Praest.  et  Usu  Numism.,  vol.  ii.,  p.  88,  91.)— 

i.  iPlin.,  II.  N.,xvi.,  30.)— 3.  (Plaut.,  Asin.,  III.,  ii.,29;  II., 

in.,  74.) — 4.  (Sil.  Ital.,  viii.,-485.— Compare  Liv.,  i.,  8.)— 5.  (Di- 

,-j.>  ,v.,2.)—  6.  (Cic,  De  Rep.,  ii.,  31.— Val.  Max.,  iv.,  1,  y  1.) 

'Dionys.,  ».,  19.— Liv  ,  xxiv.,  9  ;  xxviii.,  27.) 


ded  for  the  day  ;x  and  it  was  not  till  the  second  de> 
cemvirate,  when  they  began  to  act  in  a  tyrannical 
manner,  that  the  fasces  with  the  axe  were  carried 
before  each  of  the  ten.2  The  fasces  and  secures 
were,  however,  carried  before  the  dictator  even  in 
the  city,3  and  he  was  also  preceded  by  24  lictors, 
and  the  magister  equitum  by  six. 

The  praetors  were  preceded  in  the  city  by  two 
lictors  with  the  fasces,*  but  out  of  Rome  and  at  the 
head  of  an  army  by  six,  with  the  fasces  and  se- 
cures, whence  they  are  called  by  the  Greek  writers 
arparrj-yol  e^aireTiiKeic.'  The  proconsuls  also  were 
allowed,  in  the  time  of  Ulpian,  six  fasces.6  The 
tribunes  of  the  plebs,  the  aediles  and  quaestors,  had 
no  lictors  in  the  city,7  but  in  the  provinres  the 
quaestors  were  permitted  to  have  the  fasces." 

The  lictors  carried  the  fasces  on  their  shoulders, 
as  is  seen  in  the  coin  of  Brutus  given  above ;  and 
when  an  inferior  magistrate  met  one  who  was  high- 
er in  rank,  the  lictors  lowered  their  fasces  to  him. 
This  was  done  by  Valerius  Publicola  when  he  ad- 
dressed the  people  ;9  and  hence  came  the  expression 
submitter e  fasces  in  the  sense  of  to  yield,  to  confess 
one's  self  inferior  to  another  10 

When  a  general  had  gained  a  victory,  and  ha( 
been  saluted  as  Imperator  by  his  soldiers,  he  usual- 
ly crowned  his  fasces  with  laurel.11 

FASCIA,  dim.  FASCIOLA,  a  band  or  fillet  of 
cloth,  worn,  1.  round  the  head  as  an  ensign  of  roy- 
alty18 (vid.  Diadema.  Woodcut  to  article  Falx) :  2. 
by  women  over  the  breast13  (vid.  Strophium)  :  3. 
round  the  legs  and  feet,  especially  by  women.  Ci- 
cero reproached  Clodius  for  wearing  fasciae  upon 
his  feet,  and  the  Calantica,  a  female  ornament, 
upon  his  head.1*  Afterward,  when  the  toga  had 
fallen  into  disuse,  and  the  shorter  pallium  was 
worn  in  its  stead,  so  that  the  legs  were  naked  and 
exposed,  fascia  crurales  became  common  even  with 
the  male  sex.15  The  Emperor  Alexander  Severus1' 
always  used  them,  even  although,  when  in  town, 
he  wore  the  toga.  Quintilian,  nevertheless,  assert3 
that  the  adoption  of  them  could  only  be  excused  on 
the  plea  of  infirm  health.17  White  fasciae,  worn  by 
men,18  were  a  sign  of  extraordinary  refinement  in 
dress  :  the  mode  of  cleaning  them  was  by  rubbing 
them  with  a  white  tenacious  earth,  resembling  ou* 
pipe-clay  (fascia  cretatcz19).  The  finer  fasciae,  worn 
by  ladies,  were  purple.20  The  bandages  wound  about 
the  legs,  as  shown  in  the  illuminations  of  ancient 
MSS.,  prove  that  the  Roman  usage  was  generally 
adopted  in  Europe  during  the  Middle  Ages. 

By  metaphor,  the  term  •'  fascia"  was  applied  in 
architecture  to  a  long,  flat  band  of  stone,  marble,  or 
wood.     Thus  the  architrave  of  an  Ionic  or  Corin- 
thian entablature  consists  of  three  contiguous  hori 
zontal  fasciae.21 

On  the  use  of  fasciae  in  the  nursing  of  children,** 
vide  Incunabula. 

FA'SCINUM  (/3a<?Kavia),  fascination,  enchant- 
ment. The  belief  that  some  persons  had  the  power 
of  injuring  others  by  their  looks,  was  as  prevalent 
among  the  Greeks  and  Romans  as  it  is  among  the 
superstitious  in  modern  times.  The  6<p6a?ifidc  fiaa- 
kqvoc,  or  evil  eye,  is  frequently  mentioned  by  ancient 


1.  (Liv.,  iii.,  33.)— 2.  (Liv.,  iii.,  36  }—  3.  (Liv.,  ii.,  18.)-4. 
(Censorm.,  De  Die  Natal.,  24. — Cic,  Agrar.,  ii.,  34.) — 5.  (Ap- 
p.an,  Syr.,  15.— Polvb.,  ii.,  24,  t>  6;  iii.,  40,  $  9;  106,  <)  6.)—€. 
(Big.  1,  tit.  16,  s.  14.)— 7.  (Aul.  Gel.,  xiii.,  12.)— 8.  (Cic,  Pro 
Plane,  41.)— 9.  (Cic,  De  Rep.,  ii.,  31.— Liv.,  ii.,  7.— Val.  Max.. 
iv.,  1,  $  1.)— 10.  (Cic,  Brut.,  6.)— 11.  (Cic.  ad  Att.,  viii.,  3.  6  5. 
— De  Div.,  i.,  28.— Csns.,  Bell.  Civ.,  iii.,  71.)— 12.  (Sueton.,  Jul.. 
79.)— 13.  (Ovid,  De  Art.  Amat.,  iii.,  622.— Propert.,  iv.,  10,  49 
—"Fascia  Pectoralis,"  Mart.,  xiv.,  134.)— 14.  (ap.  Non.  Marr 
xiv.,  2.)— 15.  (Val.   Max.,  vi.,  27.— Grat.,  Oyneg-..  338.)— 16 
(JEL  Lamprid.,  c.  40.)— 17.  (Inst.  Or.,  xi.,  3.)— 18.  (Val.  Max., 
1.  c— Phaedr.,  v.,  7,  36.)— 19.  (Cic  ad  Att.,  2,  3.)— 20.  (Cic,  Dp 
Harusp.  Resp.,  21.)— 21.  (Vit.,  iii.,  5,  p.  84,  ed.  Schneider.)—  9* 
(Plaut.,  True,  r.,  13.) 

AM 


FASTI. 


FASTI. 


writers.1  Plutarch,  in  his  Symposium,3  has  a  sep- 
arate chapter  wept  rtiv  Karataa naivety  Aeyofxevuv, 
cat  fiaanavov  ex£lv  bfydaAfibv.  The  evil  eye  was 
supposed  to  injure  children  particularly,  but  some- 
times cattle  also  ;  whence  Virgil3  says, 

"  Nescio  quis  teneros  oculus  mihi  fascinat  agnos." 

Various  amulets  were  used  to  avert  the  influence 
of  the  evil  eye.  The  most  common  of  these  ap- 
pears to  have  been  the  phallus,  called  by  the  Ro- 
mans fascinum,  which  was  hung  round  the  necks 
of  children  (turpicula  res*).  Pliny,5  also,  says  that 
Satyrica  signa,  by  which  he  means  the  phallus, 
were  placed  in  gardens  and  on  hearths  as  a  protec- 
tion against  the  fascinations  of  the  envious ;  and 
we  learn  from  Pollux6  that  smiths  were  accustom- 
ed to  place  the  same  figures  before  their  forges  for 
ihe  same  purpose.  Sometimes  other  objects  were 
employed  for  this  purpose.  Pisistratus  is  said  to 
nave  hung  the  figure  of  a  kind  of  grasshopper  before 
the  Acropolis  as  a  preservative  against  fascination.7 

Another  common  mode  of  averting  fascination 
was  by  spitting  into  the  folds  of  one's  own  dress.8 

According  to  Pliny,9  Fascinus  was  the  name  of  a 
god,  who  was  worshipped  among  the  Roman  sacra 
by  the  vestal  virgins,  and  was  placed  under  the 
chariot  of  those  who  triumphed  as  a  protection 
gainst  fascination ;  by  which  he  means,  in  all 
probability,  that  the  phallus  was  placed  under  the 
chariot.10 

*FASELUS,  the  Kidney  Bean,  Phaseolus  vulga- 
ris, L.,  called  by  the  Greeks  <j>aoioAoc.  The  kid- 
ney beans  are  said  to  have  been  very  common 
among  the  Romans,  and  hence  the  epithet  vilis  ap- 
plied to  the  faselus  by  Virgil.11  According  to  Pliny,13 
the  Romans  ate  both  seeds  and  shells,  as  we  do 
now.  Fee  thinks  that  the  Greek  names  <j>aaioAoc, 
QacT/oAog,  and  <j>ao'tAoc,  are  so  many  diminutives 
from  daoTjAog,  a  small  boat  or  canoe,  the  Kidney 
Bean  resembling  such  in  form.13 

FASTI.  Fas  signifies  divine  law:  the  epithet 
fastus  is  properly  applied  to  anything  in  accordance 
with  divine  law,  and  hence  those  days  upon  which 
legal  business  might,  without  impiety  (sine  piaculo), 
be  transacted  before  the  praetor,  were  technically 
denominated  fasti  dies,  i.  e.,  lawful  days.  Varro 
and  Festus  derive  fastus  directly  from  fari,'-*  while 
Ovid15  may  be  quoted  in  support  of  either  etymol- 
ogy. 

The  sacred  books  in  which  the  fasti  dies  of  the 
year  were  marked,  were  themselves  denominated 
fasti ;  the  term,  however,  was  employed  in  an  ex- 
tended sense  to  denote  registers  of  various  descrip- 
tions, and  many  mistakes  have  arisen  among  com- 
mentators from  confounding  fasti  of  different  kinds. 
It  will  be  useful,  therefore,  to  consider  separately 
the  two  great  divisions,  which  have  been  distin- 
guished as  Fasti  Sacri  or  Fasti  Kalendares,  and 
Fasti  Annales  or  Fasti  Historici. 

I.  Fasti  Sacri  or  Kalendares.  For  nearly  four 
centuries  and  a  half  after  the  foundation  of  the  city, 
a  knowledge  of  the  calendar  was  possessed  exclu- 
sively by  the  priests.  One  of  the  pontifices  regu- 
larly proclaimed  the  appearance  of  the  new  moon, 
and  at  the  same  time  announced  the  period  which 
would  intervene  between  the  Kalends  and  the 
Nones.     On  the  Nones  the  country  people  assem- 


1.  (Alciphr.,  Ep.,  i.,  15. — Heliod.,  iEthiop.,  iii.,  7. — Compare 
with  Plin.,  H.  N.,  vii.,  2.)— 2.  (v.,  7.)— 3.  (Eclog.,  iii.,  103.)— 4. 
(Varro,  De  Ling.  Lat.,  vii..  97,  Miiller.)— 5.  (H.  N.,  xix.,  19,  t) 
l.)_6.  (viii.,  118.)— 7.  (Hesych.,  s.  v.  Karax'/vy.)— 8.  (Theocr., 
fi.,  39. — Plin.,  H.  N.,  xxviii.,  7. — Lucian,  Navig.,  15,  vol.  iii.,  p. 
859,  Reitz.)— 9.  (II.  N.,  xxviii.,  7.)— 10.  (Miiller,  Archaeol.  der 
Kunst,  y  436,  1,  2. — Bottiger,  Klein.  Schr.,  iii.,  p.  111. — Beaker, 
Charikles,  ii.,  p.  109,  291.)— 11.  (Georg.,  i.,  227.)— 12.  (H.  N., 
rviii.,  7.)— 13.  (Flore  de  Virgile,  p.  lv.)— 14.  (Varro,  De  Ling. 
Lat.,  ri.,  2.- -Festus,  s.  v  Fasti.)— 15.  (Fast.,  i.,  47.) 
432 


bled  for  the  purpose  of  learning  from  the  Rex  S* 
crorum  the  various  festivals  to  be  celebrated  during 
the  month,  and  the  days  on  which  they  would  fall.1 
In  like  manner,  all  who  wished  to  go  to  law  were 
obliged  to  inquire  of  the  privileged  few  on  what  day 
they  might  bring  their  suit,  and  received  the  reply 
as  if  from  the  lips  of  an  astrologer.3  The  whole  ai 
this  lore,  so  long  a  source  of  power  and  profit,  and 
therefore  jealously  enveloped  in  mystery,  was  at 
length  made  public  by  a  certain  Cn.  Flavius,  scribe 
to  Appius  Caecus,3  who,  having  gained  access  to  the 
pontifical  books,  copied  out  all  the  requisite  infor- 
mation, and  exhibited  it  in  the  Forum  for  the  use 
of  the  people  at  large.  From  this  time  forward 
such  tables  became  common,  and  were  known  by 
the  name  of  Fasti.  They  usually  contained  an  enu- 
meration of  the  months  and  days  of  the  year  ;  the 
Nones,  Ides,  Nundinae,  Dies  Fasti,  Nefasti,  Comi- 
tiales,  Atri,  &c.  (vid.  Calendar),  together  with  the 
different  festivals,  were  marked  in  their  proper  pla- 
ces :  astronomical  observations  on  the  risings  and 
settings  of  the  fixed  stars,  and  the  commencement 
of  the  seasons,  were  frequently  inserted,  and  some- 
times brief  notices  annexed  regarding  the  introduc- 
tion and  signification  of  certain  rites,  the  dedication 
of  temples,  glorious  victories,  and  terrible  disasters 
In  later  times  it  became  common  to  pay  homage  to 
the  members  of  the  imperial  family  by  noting  down 
their  exploits  and  honours  in  the  calendar,  a  species 
of  flattery  with  which  Antonius  is  charged  by  Ci- 
cero.4 

It  will  be  seen  from  the  above  description  that 
these  fasti  closely  resembled  a  modern  almanac 
(Fastorum  libri  appellantur  totius  anni  description); 
and  the  celebrated  work  of  Ovid  may  be  considered 
as  a  poetical  Year-book  or  Companion  to  the  Alma- 
nac, having  been  composed  to  illustrate  the  Fasti 
published  by  Julius  Caesar,  who  remodelled  the  Ro- 
man year.  All  the  more  remarkable  epochs  are 
examined  in  succession,  the  origin  of  the  different 
festivals  explained,  the  various  ceremonies  descri- 
bed, the  legends  connected  with  the  principal  con- 
stellations narrated,  and  many  curious  discussions 
interwoven  upon  subjects  likely  to  prove  interesting 
to  his  countrymen  ;  the  whole  being  seasoned  with 
frequent  allusions  to  the  glories  of  the  Julian  line. 

Several  specimens  of  fasti,  more  or  less  perfect, 
on  stone  and  marble,  have  been  discovered  at  dif- 
ferent times  in  different  places,  none  of  them,  how- 
ever, older  than  the  age  of  Augustus.  The  most 
remarkable,  though  one  of  the  least  entire,  is  that 
known  as  the  Kalendarium  Pranestinum  or  Fasti 
Verriani.  Suetonius,  in  his  short  treatise  on  dis- 
tinguished grammarians,  tells  us  that  a  statue  of 
Verrius  Flaccus,  preceptor  to  the  grandsons  of  Au- 
gustus, stood  in  the  lower  part  of  the  forum  of  his 
native  town,  Prasneste,  opposite  to  the  Hemicyclium, 
on  which  he  had  exhibited  to  public  view  the  fasti 
arranged  by  himself,  and  engraved  on  marble  slabs . 
In  the  year  1770  the  remains  of  a  circular  building 
were  discovered  in  the  immediate  vicinity  of  the 
modern  Palestrina,  together  with  several  fragment  s 
of  marble  tablets,  which  were  soon  recognised  as 
forming  part  of  an  ancient  calendar ;  and,  upon 
farther  examination,  no  doubt  was  entertained  by 
the  learned  that  these  were  the  very  fasti  of  Ver- 
rius described  by  Suetonius.  An  Italian  antiquary, 
named  Foggini,  continued  the  excavations,  collected 
and  arranged  the  scattered  morsels  with  great  pa- 
tience and  skill ;  and  in  this  manner  the  months  of 
January,  March,  April,  and  December,  to  which  a 
very  small  portion  of  February  was  afterward  added, 


1.  (Macroh.,  i.,  15.)— 2.  (Cic,  Pro  Muraen.,  11.) — 3.  (Liv.,  ix, 
46.— Plin.,  H.  N.,  xxxiii.,  1.— Aul.  Gell.,  vi.,  9.— Va!.  Max.,  ii., 
5.)— 4.  (Phil'pp.,  ii.,  34. — Compare  Tacit.,  Ann.,  i.,  15.)  — S 

(Festus.) 


FASTI. 


FASTIGIUM. 


were  recovered ;  and,  although  much  defaced  and 
mutilated,  form  a  very  curious  and  useful  monu- 
ment. They  appear  to  have  embraced  much  infor- 
nation  concerning  the  festivals,  and  a  careful  detail 
o(  the  honours  bestowed  upon,  and  the  triumphs 
achieved  by,  Julius,  Augustus,  and  Tiberius.  The 
publication  of  Foggini  contains  not  only  an  account 
of  this  particular  discovery,  but  also  the  complete 
fasti  of  the  Roman  year,  so  far  as  such  a  compila- 
tion can  be  extracted  from  the  ancient  calendars 
now  extant.  Of  these  he  enumerates  eleven,  the 
names  being  derived  either  from  the  places  where 
they  were  found,  or  from  the  family  who  possessed 
them  when  they  first  became  known  to  the  literary 
world  : 

1.  Calendarium  Maffeiorum,  which  contains  the 
twelve  months  complete. 

2.  Cal.  Pranestinum,  described  above. 

3.  Cal.  Capranicorum,  August  and  September 
complete. 

4.  Cal.  Amiterninum,  fragments  of  the  months 
from  May  to  December. 

5.  Cal.  Antiatinum,  fragments  of  the  last  six 
months. 

6.  Cal.  Esquilinum,  fragments  of  May  and  June. 

7.  Cal.  Farnesianum,  a  few  days  of  February  and 
March. 

8.  Cal.  Pincianum,  fragments  of  July,  August, 
nd  September. 

9.  Cal.  Venusinum,  May  and  June  complete. 

10.  Cal.  Vaticanum,  a  few  days  of  March  and 
April. 

11.  Cal.  Allifanum,  a  few  days  of  July  and  Au- 
gust. 

Some  of  the  above,  with  others  of  more  recent 
date,  are  given  in  the  Corpus  Inscriptionum  of  Gru- 
ter,  in  the  11th  vol.  of  the  Thesaurus  Rom.  Antiqq. 
of  Graevius,  and  in  other  works  of  a  similar  descrip- 
tion ;  but  the  fullest  information  upon  all  matters 
connected  with  the  Fasti  Sacri  is  imbodied  in  the 
work  of  Foggini,  entitled  Fastorum  anni  Romani  a 
Vcrrio  Flacco  ordinatorum  reliquiae,  &c,  Romae, 
1779  ;  and  in  Jac.  Van  Vaassen  Animadverss.  ad 
Faslos  Rom.  Sacros  fragmenta,  Traj.  ad  Rhen., 
1795  :  to  which  add  Ideler's  Handbuch  der  Mathe- 
matischen  und  Tcchnischen  Chronologie,  Berlin,  1826. 

Before  quitting  this  part  of  our  subject,  we  may 
make  mention  of  a  curious  relic,  the  antiquity  of 
which  has  been  called  in  question  without  good 
cause,  the  Calendarium  Rusticum  Farnesianum. 
This  Rural  Almanac  is  cut  upon  four  sides  of  a 
cube,  each  face  being  divided  into  three  columns, 
and  each  column  including  a  month.  At  the  top  of 
the  column  is  carved  the  appropriate  sign  of  the 
B-xliac ;  then  follows  the  name  of  the  month,  the 
number  of  the  days,  the  position  of  the  nones,  the 
length  of  the  day  and  night,  the  name  of  the  sign 
through  which  the  sun  passes,  the  god  under  whose 
protection  the  month  was  placed,  the  various  agri- 
cultural operations  to  be  performed,  and  a  list  of  the 
orincipal  festivals.     Take  May  as  an  example  : 

MENSIS 

MAIVS 

DIES.   XXXI. 

NON.   SEPTIM. 

DIES.  HOR.  XIIIIS. 

NOX.  HOR.  vims. 

SOL.  TAVRO. 

TVTELA.   APOLLIN. 

BEGET.   RVNCANT. 

OVES.  TONDENT. 

LANA.  LAVATVR. 

IVVENCI.  DOMANT. 

VICEA.  PABVL. 

8ECATVR. 

SEUETEt 

In 


LVSTRANTVR. 

SACRVM. MERCVR. 

ET.  FLORAE. 

{Vid.  the  commentary  of  Morcelli  in  his  Optra  Ept- 
graphica,  vol.  i.,  77.) 

II.  Fasti  Annales  or  Historici.  Chronicles 
such  as  the  Annales  Maximi  (vid.  Annales),  con- 
taining the  names  of  the  chief  magistrates  for  each 
year,  and  a  short  account  of  the  most  remarkable 
events  noted  down  opposite  to  the  days  on  which 
they  occurred,  were,  from  the  resemblance  which 
they  bore  in  arrangement  to  the  sacred  calendars, 
denominated  fasti ;  and  hence  this  word  is  used, 
especially  by  the  poets,  in  the  general  sense  of  his- 
torical records.1 

In  prose  writers,  fasti  is  commonly  employed  as 
the  technical  term  for  the  registers  of  consuls,  dic- 
tators, censors,  and  other  magistrates,  which  formed 
part  of  the  public  archives.2  Again,  when  Cicero 
remarks,  in  the  famous  epistle  to  Lucceius,3  "  Ete- 
nim  ordo  Me  annalium  mediocriter  nos  retinet  quasi 
enumeratione  fastorum"  he  means  that  the  regular 
succession  of  events  merely  detailed  in  chronicles 
fixed  the  attention  but  feebly,  and  was  little  more 
interesting  than  a  mere  catalogue  of  names.* 

A  most  important  specimen  of  fasti  belonging  to 
this  class,  executed  probably  at  the  beginning  of 
the  reign  of  Tiberius,  has  been  partially  preserved. 
In  the  year  1547,  several  fragments  of  marble  tab 
lets  were  discovered  in  excavating  the  Roman 
Forum,  and  were  found  to  contain  a  list  of  consuls, 
dictators  with  their  masters  of  horse,  censors  with 
the  lustra  which  they  closed,  triumphs  and  ova 
tions,  all  arranged  in  regular  succession  according 
to  the  years  of  the  Catonian  era.  These  had  evi- 
dently extended  from  the  expulsion  of  the  kings  to 
the  death  of  Augustus,  and,  although  defective  in 
many  places,  have  proved  of  the  greatest  vanie  iq 
chronology.  The  different  pieces  were  collected 
and  arranged  under  the  inspection  of  Cardinal  Alex- 
ander Farnese,  and  deposited  in  the  Capitol,  where 
they  still  remain.  From  this  circumstance  they 
are  generally  distinguished  as  the  Fasti  Capitolini. 
In  the  years  1817  and  1818,  two  other  fragments 
of  the  same  marble  tablets  were  discovered  in  the 
course  of  a  new  excavation  in  the  Forum.  A  fac- 
simile of  them  was  published  at  Milan,  by  Borghesi, 
in  1818. 

The  Fasti  Consulares  are  given  at  the  close  of 
this  work. 

FASTFGIUM.  An  ancient  Greek  or  Roman 
temple,  of  rectangular  (instruction,  is  terminated 
at  its  upper  extremity  by  a  triangular  figure,  both 
in  front  and  rear,  which  rests  upon  the  cornice  of 
the  entablature  as  a  base,  and  has  its  sides  formed 
by  the  cornices  which  terminate  the  roof.  ( Via. 
woodcut,  p.  61.)  The  whole  of  this  triangle  above 
the  trabeation  is  implied  in  the  term  fastigium,  called 
frontispiece  (fronton,  frontispizio)  by  French  and 
Italian  architects,  but  pediment  by  our  own.  Tlit* 
flat  surface  within  the  frame,  when  distinguished 
from  the  general  term,  is  denominated  tympanum 
by  the  Latins,8  from  its  resemblance  to  the  skin  in 
the  frame  of  a  drum,  and  airufia,  or  aeroc,  by  the 
Greeks,6  either  because  its  figure  resembles  that 
of  an  eagle  with  outstretched  wings,7  or  because 
the  tympanum  of  the  earliest  temples,  which  were 
dedicated  to  Jupiter,  was  usually  ornamented  by  an 
eagle  in  relief,8  an  instance  of  which  is  afforded 
by  the  coin  represented  in  the  following  woodcut.' 

1.  (Horat.,  Sat.,I.,iii.,  112.— Carm.,TV.,  xiii.,  13  ;  III.,  xvii.,  7.) 
— 2.  (Liv.,  ix.,  18. — Cic,  Pro  Sext.,  14. — Compare  Cic,  Philipp., 
xiii.,  12.— Tacit.,  Ann.,  iii.,  17,  18.)— 3.  (ad  Fam.,  v.,  i2.)— 4. 
(Compare  ad  Att.,  iv.,  8.) — 5.  (Vitruv.,  iii.,  3,  p.  99,  ed.  Bipont.) 
— 6.  (Aristoph.,  Aves,  1110.— Paus.,  i.,  24,  t>  5  ;  ii..  7,  $  3 ;  v 
10,  *>  2  ;  ix.,  11,  <>  4.)— 7.  (Eustath.  ad  II.,  24,  p.  1352,  1.  37.)- 
8.  (Pind.,  Oiymp.,  xiii.,  29.)— 9.  (Bcger,  Spied.  Antiq.,  p  6.) 

433 


fAX, 


FEL  terra:. 


£©.  UM©&  &DAIKI1 


H^wip^wwwpjWfP 


fxHHiMMMHm  aee 


Bat  far  richer  sculptures  from  the  chisel  of  the  most 
eminent  artists1  were  subsequently  introduced,  the 
effect  of  which  may  be  seen  in  the  restored  pedi- 
ment of  the  Temple  of  Jupiter  Panhellenius  in  the 
British  Museum :  the  fragments  of  the  Elgin  mar- 
bles, in  the  same  place,  were  originally  placed  in 
the  aerafia,  or  ev  rolg  aerolg  of  the  Parthenon.  Ter- 
ra-cotta  figures  were  applied  in  a  similar  manner  by 
the  Romans  in  the  early  ages.2 

The  dwelling-houses  of  the  Romans  had  no  gable- 
ends  ;  consequently,  when  the  word  is  applied  to 
them,3  it  is  not  in  its  strictly  technical  sense,  but 
designates  the  roof  simply,  and  is  to  be  understood 
of  one  which  rises  to  an  apex  as  distinguished  from 
a  flat  one.  The  fastigium,  properly  so  called,  was 
appropriated  to  the  temples  of  the  gods,  from  the 
original  construction  of  which  its  form  naturally 
sprung  ;*  and,  therefore,  when  the  Romans  began 
to  bestow  divine  honours  upon  Caesar,  among  other 
privileges  which  they  decreed  to  him  was  the  lib- 
erty of  erecting  a  fastigium  to  his  house,5  that  is,  a 
portico  and  pediment  towards  the  street,  like  that 
of  a  temple.  In  like  manner,  the  pent  of  a  pave- 
ment, which  slopes  away  on  each  side  from  its 
central  line,  so  as  to  allow  of  the  water  draining 
off  in  hypsethral  buildings,  &c,  is  termed  fastigi- 
um;6 and  the  piles  of  the  bridge  which  Ceesar 
threw  across  the  Rhine  are  described  as  fastigata,7 
converging  like  the  two  sides  of  a  pediment. 

FAX  (<pavog),  a  Torch.  The  descriptions  of  poets 
and  mythologists,  and  the  works  of  ancient  art,  rep- 
resent the  torch  as  carried  by  Diana,  Ceres,  Bello- 
na,  Hymen  (woodcut,  p.  209),  Phosphorus,  by  females 
in  Bacchanalian  processions  (p.  257),  and,  in  an  in- 
verted position,  by  Sleep  and  Death.  In  the  annexed 
woodcut,  the  female  figure  in  the  middle  is  copied 
from  a  fictile  vase.     The  winged  figure  on  the  left 


hand,  asleep  and  leaning  on  a  torch,  is  from  a 
funeral  monument  at  Rome :  the  word  "  Somnus" 
g-s  inscribed  beside  it.  The  other  winged  figure, 
also  with  the  torch  inverted,  is  taken  from  an  an- 
tique gem,  and  represents  Cupid  under  the  character 

L  fPaus.,  H.  cc.)— 2.  (Cic,  Divin.,  i.,  10.— Vitruv.,  iii..  2,  p. 
88.— Plin.,  H.  JSL,  xxxv.,  43,  46 ;  xxxvi.,  2.)— 3.  (Cic,  Ep.  ad 
Quint,  F r.,  iii.,  1,  4.  —  Virg.,  Mn.,  viii.,  491.)  — 4.  (Cic,  De 
Orat,,  iii.,  46.)— 5.  (Cic,  Phil.,  ii.,  43.— Florus,  iv..  2— Hut., 
Cage.,  81,  compared  with  Acroterium.)— 6.  (Vitruv.,  v.,  9,  p. 
151.}— 3.  (Cass.,  ©ell.  Gall.,  iv.,  15.) 
434 


of  Avoepu>cl  or  "  Lethaeus  Amor."  In  ancient 
marbles,  the  torch  is  sometimes  more  ornamented 
than  in  the  examples  now  produced  ;  but  it  always 
appears  to  be  formed  of  wooden  staves  or  twigh, 
either  bound  by  a  rope  drawn  round  them  in  a  spiral 
form,  as  in  the  above  middle  figure,  or  surrounded 
by  circular  bands  at  equal  distances,  as  in  the  two 
exterior  figures,  and  in  the  woodcut  at  p.  257.  The 
inside  of  the  torch  may  be  supposed  to  have  been 
filled  with  flax,  tow,  or  other  vegetable  fibres,  the 
whole  being  abundantly  impregnated  with  pitch, 
rosin,  wax,  oil,  and  other  inflammable  substances. 
This  inference  from  the  representations  of  torches 
on  ancient  monuments  of  all  kinds  is  confirmed  by 
the  testimony  of  Athenaeus3  and  Pliny,4  who  men- 
tion that  the  branches  of  the  oak,  ilex,  hazel,  and 
hornbeam  were  chiefly  used  for  making  them  by 
being  cut  into  staves  of  the  requisite  forms.  They 
were  also  made  of  the  branches  of  the  vine,5  which 
are  exceedingly  vascular,  and  certainly  well  adapt- 
ed for  imbibing  and  retaining  fluids.  A  torch  of 
vine  was  called  hotyvLg.  Another  admirable  plant 
for  making  torches  was  the  Spanish  broom,6  the 
long  twigs  of  which  resemble  rushes,  and  are  full 
of  pith. 

As  the  principal  use  of  torches  was  to  give  light 
to  those  who  went  abroad  after  sunset,  they  were 
apt  to  be  extinguished  and  rendered  useless  by  a 
shower  of  rain.  Hence  the  expression,  "This  torch 
is  full  of  water."7  In  allusion  to  the  time  when 
they  were  used,  the  portion  of  the  Roman  day  im- 
mediately succeeding  sunset  was  called  fax  or  prima 
fax* 

Torches,  as  now  described,  appear  to  have  been 
more  common  among  the  Romans  than  the  Greeks, 
who  usually  employed  the  more  ancient  and  more 
simple  T^:da,  or  the  lamp.  (Vid.  Lucerna.)  The 
use  of  torches  after  sunset,  and  the  practice  of  cel- 
ebrating marriages  at  that  time,  probably  led  to  the 
consideration  of  the  torch  as  one  of  the  necessary 
accompaniments  and  symbols  of  marriage.  Among 
the  Romans,  the  fax  nuptialis,9  having  been  lighted 
at  the  parental  hearth,  was  carried  before  the  bride 
by  a  boy  whose  parents  were  alive.10  The  torch 
was  also  carried  at  funerals  (fax  sepulchraiis11),  both 
because  these  were  often  nocturnal  ceremonies,  and 
because  it  was  used  to  set  fire  to  the  pile.  Hence 
the  expression  of  Propertius,12  "  Vivimus  insignes 
inter  utramque  facem."13  The  torch-bearer  turned 
away  his  face  from  the  pile  in  setting  it  on  fire.14 

FEBRUA'RIUS.     (Vid.  Calendar,  Roman.) 

FECIA'LES.     (Vid.  Fetiales.) 

*FELIS,  the  Cat.  The  allovpog  of  the  Greeks 
is  the  Fclis  Catus,  L.,  or  Wild  Cat.  Some  apply 
the  term  Karrrig  to  the  Domestic  Cat.  "  The  com- 
mon Cat,"  observes  Griffith,  "  is  said  to  be  origi- 
nally from  the  forests  of  Europe.  In  the  savage 
state  it  is  of  a  brown-gray  colour,  with  transverse 
deeper  stripes ;  the  tail  has  two  or  three  dark  bands, 
and  the  extremity  is  black.  The  genuine  Wild  Cat 
is  to  be  found  in  the  remote  parts  of  Great  Britain, 
and  may  be  called,  as  Mr.  Pennant  remarks,  the  Eng- 
lish Tiger.  Its  manners  are  similar  to  those  of  the 
Lynx,  living  in  woods,  and  preying  during  the  night 
on  every  animal  it  can  conquer." 

*FEL  TERRJ3,  a  name  given  to  the  herb  Ccn- 
taurium  Chironia  (Kevravptov  to  [wepbv  kcu  Xifivalov), 


1.  (Serv.  in  Virg.,  ^n.,  iv.,  520.)— 2.  (Ovid,  Rem  Amor., 
555.)  — 3.  (xv.,  57-61.)  — 4.  (H.  N.,  xvi.,  18;  xviii.,  26.)  — 5. 
(Aristoph.,  Lys.,  308.— Athen.,  1.  c)— 6.  (PHn.,  II.  N.,  xix.,  2.) 
—7.  (Menander,  ed.  Mein.,  p.  24.)— 8.  (Aul.  Gell.,  iii.,  2.— Ma- 
crob.,  Sat.,  i.,  2.)— 9.  (Cic,  Pro  Cluent.,  6.)— 10.  (Plaut.,  Cas., 
i.,  30.  —  Ovid,  Epist.,  xi.,  101.  —  Servius  in  Virg.,  Eclog.,  viii., 
29.— Plin.,  H.  N.,  xvi.,  18.— Festus,  s.  v.  Patrimi.)— 11  (Ovid, 
Epist.,  ii.,  120.)— 12.  (iv.,  12,  46.) -13.  (Vid.  also  Ovid,  Epist. , 
xxi.,  172.  —  Fast.,  ii.,  561.  —  Virg.,  JKn.,  xi.,  143. — Servius,  ad 
loc— Tacit.,  Ann.,  iii.,  4.— Sen.,  Epist..  123— Id.,  de  Biev  V* 
20.)— 14.  (Virg.,  JEn.,  vi.,  224.) 


FERLE. 


FERLE. 


on  account  of  its  bitterness,  "  propter  amariludinem 
tummam." 

FEMINA'LIA  were  worn  in  winter  by  Augustus 
Caesar,  who  was  very  susceptible  of  cold.1  Casau- 
bon  supposes  them  to  have  been  bandages  or  fillets 
{vol.  Fascia)  wound  about  the  thighs  ;  it  seems 
more  probable  that  they  were  breeches  resembling 
ours,  since  garments  for  the  thighs  (Trepifir/pta)  were 
Avorn  by  the  Roman  horsemen  ;2  and  the  column  of 
Trajan,  the  arch  of  Constantine,  and  other  monu- 
ments of  the  same  period,  present  numerous  exam- 
ples of  both  horse  and  foot  soldiers  who  wear  breech- 
es, closely  fitted  to  the  body,  and  never  reaching  much 
below  the  knees.     (See  woodcuts,  p.  11,  78,  95.) 

FENESTRA.     (Vid.  House.) 

FENUS.     (Vid.  Interest  of  Money.) 

FERA'LIA.     (Vid.  Funus.) 

FE'RCULUM  (from  fer-o)  is  applied  to  any  kind 
of  tray  or  platform  used  for  carrying  anything. 
Thus  it  is  used  to  signify  the  tray  or  frame  on  which 
several  dishes  were  brought  in  at  once  at  dinner  ;3 
and  hence  fercula  came  to  mean  the  number  of 
'•ourses  at  dinner,  and  even  the  dishes  themselves.* 

The  ferculum  was  also  used  for  carrying  the  im- 
ages of  the  gods  in  the  procession  of  the  circus5 
(vid.  Circus,  p.  256),  the  ashes  of  the  dead  in  a  fu- 
neral,6 and  the  spoils  in  a  triumph  ;7  in  all  which 
cases  it  appears  to  have  been  carried  on  the  shoul- 
ders or  in  the  hands  of  men.  The  most  illustrious 
captives  were  sometimes  placed  on  a  ferculum  in  a 
triumph,  in  order  that  they  might  be  better  seen.8 

FERETRUM.     (Fid.  Funds.) 

FERLE,  holydays,  were,  generally  speaking,  days 
or  seasons  during  which  freeborn  Romans  suspend- 
ed their  political  transactions  and  their  lawsuits, 
and  during  which  slaves  enjoyed  a  cessation  from 
labour.9  All  feriae  were  thus  dies  nefasti.  The 
feriae  included  all  days  consecrated  to  any  deity ; 
consequently,  all  days  on  which  public  festivals 
were  celebrated  were  feriae  or  dies  feriati.  But 
some  of  them,  such  as  the  feria  vindemialis,  and  the 
i'eriae  aestivae,  seem  to  have  had  no  direct  connexion 
with  the  worship  of  the  gods.  The  nundinae,  how- 
ever, during  the  time  of  the  kings  and  the  early  pe- 
riod of  the  Republic,  were  feriae  only  for  the  popu- 
lus,  and  days  of  business  for  the  plebeians,  until,  by 
the  Hortensian  law,  they  became  fasti,  or  days  of 
business  for  both  orders.10 

All  feriae  were  divided  into  two  classes,  feria  pub- 
lico and  ferice  privatce.  The  latter  were  only  ob- 
served by  single  families  or  individuals,  in  commem- 
oration of  some  particular  event  which  had  been  of 
importance  to  them  or  their  ancestors.  As  family 
feriae,  are  mentioned  the  ferice  Claudice,  JEmilia,  Ju- 
lia, Cornelia,  &c,  and  we  must  suppose  that  all  the 
great  Roman  families  had  their  particular  feriae,  as 
they  had  their  private  sacra.  Among  the  family-hol- 
ydays  we  may  also  mention  the  ferice  denicales,  i. 
e.,  the  day  on  which  a  family,  after  having  lost  one 
of  its  members  by  death,  underwent  a  purification.11 
Individuals  kept  feriae  on  their  birthdays,  and  other 
occasions  which  marked  any  memorable  event  of 
their  lives.  During  the  time  of  the  Empire,  the 
birthday  of  an  emperor  sometimes  assumed  the  char- 
acter of  a  feria  publica,  and  was  celebrated  by  the 
whole  nation  with  games  and  sacrifices.  Thus  the 
birthday  of  Augustus,  called  Augustalia,  was  cele- 
brated with  great  splendour  even  in  the  time  of 

1.  (Suetua.,  Octav..  82.)— 2.  (Arrian,  Tact.,  p.  14,  ed.  Blanc.) 
—3.  (Petron.,  35.  — Plin.,  H.  N.,  xxviii.,  2.)— 4.  (Suet.,  Octav., 
74.— Serv.  ad  Virg.,  JEa.,  i.,  637.— Juv.,  i.,  93.  — Id.,  xi.,  64.— 
Hor.,  Sat.,  II.,  vi.,  104.— Mart.,  iii.,  50.— Id.,  ix.,  82.— Id.,  xi., 
31.)— 5.  (Suet.,  Jul.,  76.)— 6.  (Suet.,  Cal.,  15.)— 7.  (Suet.,  Jul., 
37.— Liv.,  i.,  10.)  — 8.  (Senec,  Here.  (Et.,  109.)— 9.  (Cic,  De 
Leg.,  ii.,  8, 12.— Id.,  De  Div.,  i.,  45.)— 10.  (Macrob.,  Sat.,  i.,  16.— 
Compare  Niebuhr,  Hist,  of  Rome,  ii.,  p.  213,  &c. — Walter,  Ges- 
ri.-.chf-e  d.  Rom.  Rechts,  p.  190.)  — 11.  (Fest.,  s.  v. —  Cic,  De 
Leg.,   i.,  22.— Columell.,  ii.,  22.'> 


Dion  Cassius.1  The  day  on  which  Augustus  had 
returned  from  his  wars  was  likewise  for  a  long  time 
made  a  holyday  of.a  The  dies  natalicii  of  the  citiea 
of  Rome  and  Constantinople  were  at  a  still  later 
period  likewise  reckoned  among  the  feriae.3 

All  ferice  publica,  i.  c.,  those  which  were  ob- 
served by  the  whole  nation,  were  divided  into  ferice 
stativce,  ferice  concepliva,  and  ferice  imperatives.  Fe- 
riae stativae  or  statae  were  those  which  were  held 
regularly,  and  on  certain  days  marked  in  the  calen- 
dar.* To  these  belonged  some  of  the  great  festi- 
vals, such  as  the  Agonalia,  Carmentalia,  Lupercalia, 
&c.  Feriae  conceptivae  or  conceptse  were  held  ev- 
ery year,  but  not  on  certain  or  fixed  days,  the  time 
being  every  year  appointed  by  the  magistrates  or 
priests  (quotannis  a  magistratibus  vel  sacerdotibus 
concipiuntur5).  Among  these  we  may  mention  the 
feriae  Latinae,  feriae  Sementivae,  Paganalia,  and  Com- 
pitalia.  Ferice  imperatives  are  those  which  were 
held  on  certain  emergencies  at  the  command  of 
the  consuls,  praetors,  or  of  a  dictator.  The  books  of 
Livy  record  many  feriae  imperativae,  which  Aere 
chiefly  held  in  order  to  avert  the  dangers  *vhich 
some  extraordinary  prodigy  seemed  to  forbode,  but 
also  after  great  victories.6  They  frequently  lasted 
for  several  days,  the  number  of  which  depended  upon 
the  importance  of  the  event  which  was  the  cause 
of  their  celebration.  But  whenever  a  rain  of  stones 
was  believed  to  have  happened,  the  anger  of  the 
gods  was  appeased  by  a  sacrum  novemdiate,  or  feria 
per  novem  dies.  This  number*of  days  had  been  fixed 
at  the  time  when  this  prodigy  had  first  been  ob- 
served.7 Respecting  the  legitimate  forms  in  which 
the  feriae  conceptivae  and  imperativae  were  an- 
nounced and  appointed,  see  Brisson.,  De  Form ,  p. 
107,  &c. 

The  manner  in  which  all  public  feriae  were  kept 
bears  great  analogy  to  our  Sunday.  The  people 
generally  visited  the  temples  of  the  gods,  and  of 
fered  up  their  prayers  and  sacrifices.  The  most  se 
rious  and  solemn  seem  to  have  been  the  feriae  im- 
perativae, but  all  the  others  were  generally  attended 
by  rejoicings  and  feasting.  All  kinds  of  business, 
especially  lawTsuits,  were  suspended  during  the  pub- 
lic feriae,  as  they  were  considered  to  pollute  the 
sacred  season  :  the  rex  sacrorum  and  the  flamines 
were  not  even  allowed  to  behold  any  work  being 
done  during  the  feriae  ;  hence,  when  they  went  out, 
they  were  preceded  by  their  heralds  (pracia,  pra- 
clamitatores,  or  calatores),  who  enjoined  the  people  to 
abstain  from  working,  that  the  sanctity  of  the  day 
might  not  be  polluted  by  the  priests  seeing  persons 
at  work.8  Those  who  neglected  this  admonition 
were  not  only  liable  to  a  fine,  but,  in  case  their  diso- 
bedience was  intentional,  their  crime  was  considered 
to  be  beyond  the  power  of  any  atonement ;  where- 
as those  who  had  unconsciously  continued  their 
work  might  atone  for  their  transgression  by  offering 
a  pig.  It  seems  that  doubts  as  to  what  kinds  of 
work  might  be  done  at  public  feriae  were  not  unfre- 
quent,  and  we  possess  some  curious  and  interesting 
decisions  given  by  Roman  pontiffs  on  this  subject. 
One  Umbro  declared  it  to  be  no  violation  of  the  fe- 
riae if  a  person  did  such  work  as  had  reference  to 
the  gods,  or  was  connected  with  the  offering  of  sac- 
rifices ;  all  work,  he  moreover  declared,  was  allow- 
ed which  was  necessary  to  support  the  urgent 
wants  of  human  life.  The  pontiff  Scaevola,  when 
asked  what  kind  of  work  might  be  done  on  a  dies 
feriatus,  answered  that  any  work  might  be  done  if 


1.  (liv.,  p.  624.— Id.,  lvi.,  p.  688.)— 2.  (Tacit.,  Annal.,  i.,  15, 
with  the  note  of  Lipsius.)— 3.  (Cod.  3,  tit.  12,  s.  6.)— 4.  (Fest., 
s.  v. — Macrob.,  1.  c.)— 5.  (Macrob.,  1.  c. — Varro,  De  Ling.  Lat., 
v.,  3,  &c— Fest.,  s.  v.)— 6.  (Liv.,  i.,  31 ;  iii.,  5  ;  vii.,  28  ;  xxxv., 
40;  xliii.,  3.— Polyb.,  xxi.,  1.)— 7.  (Liv.,  i.,  31.)— 8.  (Fest.,  s. 
v.  Praecia.— Macrob.,  1.  c— Compare  Serv.  ad  Virg.,  Georg.,  w+ 
26ft  —Pint..  Numa,  c  14 •» 

435 


FERLE. 


FERLE. 


any  sufferii  g  or  injury  should  be  the  result  of  neg- 
lect or  delay,  e.  g.,  if  an  ox  should  fall  into  a  pit, 
the  owner  might  employ  workmen  to  lift  it  out ;  or 
if  a  house  threatened  to  fall  down,  the  inhabitants 
might  take  such  measures  as  would  prevent  its  fall- 
ing, without  polluting  the  feriae.1  Respecting  the 
various  kinds  of  legal  affairs  which  might  be  brought 
before  the  praetor  on  days  of  public  feriae,  vid.  Di- 
gest. 2,  tit.  12,  s.  2. 

It  seems  to  have  been  owing  to  the  immense  in- 
crease of  the  Roman  Republic,  and  of  the  accumu- 
lation of  business  arising  thereform,  that  some  of 
the  feriae,  such  as  the  Compitalia  and  Luperca- 
lia,  in  the  course  of  time  ceased  to  be  observed,  un- 
til they  were  restored  by  Augustus,  who  revived 
many  of  the  ancient  religious  rites  and  ceremonies.2 
Marcus  Antoninus  again  increased  the  number  of 
days  of  business  (dies  fasti)  to  230,  and  the  remain- 
ing days  were  feriae.3  After  the  introduction  of 
Christianity  in  the  Roman  Empire,  the  old  feriae  were 
abolished,  and  the  Sabbath,  together  with  the  Chris- 
tian festivals,  were  substituted ;  but  the  manner  in 
which  they  were  kept  was  nearly  the  same  as  that 
in  which  the  feriae  had  been  observed.  Lawsuits 
were  accordingly  illegal  on  Sundays  and  holydays, 
though  a  master  might  emancipate  his  slave  if  he 
liked.*  All  work,  and  all  political  as  well  as  juridi- 
cal proceedings,  were  suspended  ;  but  the  country 
people  were  allowed  freely  and  unrestrainedly  to 
apply  themselves  to  their  agricultural  labours,  which 
seem  at  all  times  to  have  been  distinguished  from, 
and  thought  superior  to,  all  other  kinds  of  work  : 
for,  as  mentioned  below,  certain  feriae  were  instituted 
merely  for  the  purpose  of  enabling  the  country  peo- 
ple to  follow  their  rural  occupations  without  being  in- 
terrury/^i  by  lawsuits  and  other  public  transactions. 

After  this  general  view  of  the  Roman  feriae,  we 
shall  proceed  to  give  a  short  account  of  those  festi- 
vals and  holydays  which  were  designated  by  the 
name  of  feriae. 

Feria  Latino:?  or  simply  Latin<z  (the  original  name 
was  Latiar8),  had,  according  to  the  Roman  legends, 
been  instituted  by  the  last  Tarquin  in  commemora- 
tion of  the  alliance  between  the  Romans  and  Lat- 
ins.6 But  Niebuhr7  has  shown  that  the  festival, 
which  was  originally  a  panegyris  of  the  Latins,  is 
of  much  higher  antiquity ;  for  we  find  it  stated  that 
the  towns  of  the  Priscans  and  Latins  received  their 
shares  of  the  sacrifice  on  the  Alban  Mount — which 
was  the  place  of  its  celebration — along  with  the  Al- 
bans and  the  thirty  towns  of  the  Alban  common- 
wealth. All  that  the  last  Tarquin  did  was  to  con- 
vert the  original  Latin  festival  into  a  Roman  one, 
and  to  make  it  the  means  of  hallowing  and  cement- 
ing the  alliance  between  the  two  nations.  Before 
the  union,  the  chief  magistrate  of  the  Latins  had 
presided  at  the  festival ;  but  Tarquin  now  assumed 
this  distinction,  which  subsequently,  after  the  de- 
struction of  the  Latin  commonwealth,  remained  with 
the  chief  magistrates  of  Rome.8  The  object  of  this 
panegyris  on  the  Alban  Mount  was  the  worship  of 
Jupiter  Latiaris,  and,  at  least  as  long  as  the  Latin  re- 
public existed,  to  deliberate  and  decide  on  matters 
of  the  confederacy,  and  to  settle  any  disputes  which 
might  have  arisen  among  its  members.  As  the  fe- 
riae Latinae  belonged  to  the  conceptivae,  the  time  of 
their  celebration  greatly  depended  on  the  state  of 
affairs  at  Rome,  as  the  consuls  were  never  allowed 
to  take  the  field  until  they  had  held  the  Latinae.9 


1.  (Macrob.,  1.  c,  and  iii.,  3.— Virg.,  Georg.,  i.,  270,  with  the 
remarks  of  J.  H.  Voss.— Cato,  De  Re  Rust.,  2. — Columella,  ii., 
S2.— Compare  Matth.,  xii.,  11. — Luke,  xiv.,  5.)— 2.  (Suet.,  Aug., 
31.)— 3.  (Capitol.,  M.  Anton.  Phil.,  c.  10.)— 4.  (Cod.  3,  tit.  12.) 
—5.  (Macrob.,  1.  c. — Cic.  ad  Quint.  Fratr.,  ii.,  4.)— 6.  (Dionys. 
Hal.,  iv.,  p.  250.  Sylb.)— 7.  (Hist,  of  Rome,  ii.,  p.  34.)— 8.  (Liv., 
v.,  17)— 9.  (Liv.,  xxi.,  63.- Id.,  xxii.,  1.— Id.,  xxv.,  12.— Dion 
Cass.,  xlvi ,  p.  356.) 
436 


This  festival  was  a  great  engine  in  the  hands  ol  the 
magistrates,  who  had  to  appoint  the  time  of  its  cel- 
ebration (concipere,  edicere,  or  indicere  Latinas);  as 
it  might  often  suit  their  purpose  either  to  hold  the 
festival  at  a  particular  time  or  to  delay  it,  in  order 
to  prevent  or  delay  such  public  proceedings  as 
seemed  injuriois  and  pernicious,  and  to  promote 
others  to  which  they  were  favourably  disposed. 
This  feature,  however,  the  feriae  Latinae  had  in 
common  with  all  other  feriae  conceptivae.  When- 
ever any  of  the  forms  or  ceremonies  customary  at 
the  Latinae  had  been  neglected,  the  consuls  had  the 
right  to  propose  to  the  senate,  or  the  college  of 
pontiffs,  that  their  celebration  should  be  repeated  (in- 
staurari1.)  Respecting  the  duration  of  the  feriae 
Latinae,  the  common  opinion  formerly  was,  that  at 
first  they  only  lasted  for  one  day,  to  which  subse- 
quently a  second,  a  third,  and  a  fourth  were  added  :* 
but  it  is  clear  that  this  supposition  was  founded  on 
a  confusion  of  the  feriae  Latinae  with  the  Ludi  Max- 
imi,  and  that  they  lasted  for  six  days,  one  for  each 
decury  of  the  Alban  and  Latin  towns.3  The  fes- 
tive season  was  attended  by  a  sacred  truce,  and  no 
battle  was  allowed  to  be  given  during  those  days.4 
In  early  times,  during  the  alliance  of  the  Romans 
and  Latins,  the  chief  magistrates  of  both  nations 
met  on  the  Alban  Mount  and  conducted  the  solem- 
nities, at  which  the  Romans,  however,  had  the  pres- 
idency. But  afterward  the  Romans  alone  conduct- 
ed the  celebration,  and  offered  the  common  sacrifice 
of  an  ox  to  Jupiter  Latiaris,  in  the  name  and  on  be- 
half of  all  who  took  part  in  it.  The  flesh  of  the 
victim  was  distributed  among  the  several  towns 
whose  common  sanctuary  stood  on  the  Alban 
Mount.8  Besides  the  common  sacrifice  of  an  ox, 
the  several  towns  offered  each  separately  lambs, 
cheeses,  or  a  certain  quantity  of  milk6  or  cakes. 
Multitudes  flocked  to  the  Alban  Mount  on  the  occa- 
sion, and  the  season  was  one  of  great  rejoicings 
and  feasting.  Various  kinds  of  games  were  not 
wanting,  among  which  may  be  mentioned  the  oscil- 
latio  (swinging7).  It  was  a  symbolic  game,  and  the 
legend  respecting  its  origin  shows  that  it  was  de- 
rived from  the  Latins.  Pliny"  mentions  that  du- 
ring the  Latin  holydays  a  race  of  four-horse  char- 
iots (quadriga  certant)  took  place  in  the  Capitol,  in 
which  the  victor  received  a  draught  of  absynthium. 

Although  the  Roman  consuls  were  always  present 
on  the  Alban  Mount,  and  conducted  the  solemn  sac- 
rifice of  an  ox,  yet  we  read  that  the  superintendence 
of  the  Latinae,  like  that  of  other  festivals,  was  given 
by  the  senate  to  the  aediles,  who,  therefore,  proba- 
bly conducted  the  minor  sacrifices,  the  various 
games,  and  other  solemnities.9  While  the  consuls 
were  engaged  on  the  Alban  Mount,  their  place  at 
Rome  was  filled  by  the  praefectus  urbi.  ( Vid.  Vrm- 
feotus  Urbi.) 

The  two  days  following  the  celebration  of  the 
Latin  holydays  were  considered  as  dies  religiosi,  so 
that  no  marriages  could  be  contracted . 1  °  From  Dion 
Cassius  we  see  that  in  his  times  the  feriae  Latinae 
were  still  strictly  observed  by  the  Romans,  whereas 
the  Latin  towns  had,  at  the  time  of  Cicero,  almost 
entirely  given  up  taking  any  part  in  them.  The 
Romans  seem  to  have  continued  to  keep  them  down 
to  the  fourth  century  of  our  aera.11 

Feria  Sementiva,  or  Sementina  dies,  was  kept  in 
seedtime  for  the  purpose  of  praying  for  a  good 

1.  (Cic.  ad  Quint.  Fr.,  ii.,  6.— Liv.,  xxii.,  1.— Id.,  xli.,  16.) 
—2.  (Dionys.  Hal.,  vi.,  p.  415,  ed.  Sylburg.— 3.  (Niebuhr,  Hist 
of  Rome,  ii.,  35. —  Compare  Liv.,  vi.,  42.— Plut.,  CamiL,  42.)— 
4.  (Dionys.  Hal.,  iv.,  p.  250,  Sylb. — Macrob.,  1.  c  ) — 5.  (Dionys 
Hal.,  1.  c— Varro,  De  Ling.  Lat.  v.,  3,  p.  58,  Bip. — Schol.  Be 
biens.  in  Cic,  Orat.  pro  Plane,  p.  255,  &c,  Orelli.) — 6.  (Cic. 
De  Div.,  i.,  11.)— 7.  (Fest.,  s.  v.  Oscillum  )— (8.  H.  N.,  xxvii. 
2.)— 9.  (Dionys.  Hal.,  vi.,  p.  415.)— 10.  (Cic.  ad  Quint.  Fr.,  ii 
4.)— 11.  (Lactant.   Instit    i..  21.) 


FESCENNINA. 


FETIALES. 


crop  ;  it  lasted  only  for  one  day,  which  was  fixed 
by  the  pontiffs.1 

Feria  vindemialis  lasted  fiom  the  22d  of  August 
to  the  15th  of  October,  and  was  instituted  for  the 
purpose  of  enabling  the  country  people  to  get  in  the 
fruits  of  the  field  and  to  hold  the  vintage.2 

Feria>  astiva  were  holydays  kept  during  the  hot- 
test season  of  summer,  when  many  of  the  wealthier 
Romans  left  the  city  and  went  into  the  country. 
They  seem  to  have  been  the  same  as  the  messis  fe- 
ria* and  lasted  from  the  24th  of  June  till  the  1st  of 
August. 

Ftricz  pracidanece  are  said  to  have  been  prepara- 
tory days,  or  such  as  preceded  the  ordinary  feriae  ; 
although  they  did  not  belong  to  the  feriae,  and  often 
even  were  dies  atri,  they  were  on  certain  occasions 
inaugurated  by  the  chief  pontiff,  and  thus  made  fe- 
riag.5 

*FERTJLA,  the  ferula  or  fennel-giant,  Ferula 
communis,  L.  Martyn6  describes  it  as  "a  large 
plant,  growing  to  the  height  of  six  or  eight  feet, 
with  leaves  cut  into  small  segments,  like  those  of 
fennel,  but  larger.  The  stalk  is  thick,  and  full  of  a 
fungous  pith,  whence  it  is  used  by  old  and  weak 
persons  to  support  them,  on  account  of  its  light- 
ness." The  pith  was  used  by  the  ancients  as  a 
kind  of  tinder,  and  is  said  to  be  still  employed  for 
that  purpose  in  Sicily.7  According  to  the  old  class- 
ical legend,  Prometheus,  when  he  stole  the  fire  from 
the  skies,  brought  it  to  earth  in  the  hollow  of  a  feru- 
la, or,  as  the  Greeks  termed  it,  vupdn^.  The  flow- 
ers of  this  plant  are  yellow,  and  grow  in  large  um- 
bels, like  those  of  fennel.  Fee8  thinks  that  the 
ferula  of  Virgil  ought  rather  to  be  identified  with 
the  Ferula  Oricntalis  of  Tournefort,  which  that  trav- 
eller met  with  very  frequently  in  Greece.  The 
people  of  Cyprus,  at  the  present  day,  call  the  vdp- 
6nt;  by  the  name  of  avdpdnicag.  Sibthorp  says  it  is 
very  abundant  in  this  island.  The  Latin  term,  feru- 
la is  derived,  according  to  etymologists,  from  ferire, 
c:  to  strike,"  because  scholars  were  anciently  cor- 
rected with  the  ferula  by  their  teachers.  From  the 
lightness  of  the  stalk,  the  infliction  must  have  been 
more  alarming  than  painful.  The  ferule  of  the 
modern  preceptor  resembles  the  classical  ferula 
only  in  name,  being  capable  of  giving  much  greater 
pain.  A  willow-stick  or  branch  would  bear  a  much 
nearer  resemblance  to  the  ancient  instrument  of 
punishment.9  Martial10  alludes  to  the  custom  of 
employing  the  ferula  for  correction  in  the  following 
lines : 

"  Ferulczque  tristcs,  sceptra  pcedagogorum 
Cessent ;" 

and  Juvenal11  also  says, 

"  Et  nos  ergo  manum  fcru'xz  subduximus." 

*FERULA'GO  (vapdrjiaov),  a  smaller  species  of 
ferula.12 

FESCENNI'NA,  soil,  carmina,  one  of  the  earliest 
kinds  of  Italian  poetry,  which  consisted  of  rude  and 
jocose  verses,  or,  rather,  dialogues  of  extempore 
verses,13  in  which  the  merry  country  folks  assailed 
and  ridiculed  one  another.1*  This  amusement 
seems  originally  to  have  been  peculiar  to  country 
people,  but  it  was  also  introduced  into  the  towns  of 
Italy  and  at  Rome,  where  we  find  it  mentioned  as 
one  of  those  in  which  young  people  indulged  at 
weddings."  The  fescennina  were  one  of  the  popu- 
lar amusements  at  various  festivals,  and  on  many 

1.  (Varro,  De  Ling.  Lat.,  v.,  3,  p.  58,  Bip.— Id.,  De  Re  Rust.,  i., 
S,  init.— Ovid,  Fast.,:.,  658,  &c.)— 2.  (Cod.  3,  tit.  12.)— 3.  (Aul. 
GelL,  ix.,  15,  $  1.)— 4.  (Cod.  3,  tit.  12,  s.2,6.)— 5.  (Gell.,  iv.,  6.) 
—6.  (ad  Virg.,  Eclog.,  x.,  25.)— 7.  (Martyn,  1.  c.)— 8.  (Flore  de 
Virgile,  p.  lvi.)— 9.  (Martyn,  1.  c.)— 10.  (Epig.,  x.,  62.)— 11. 
(Sat.,  i.,  15.)— 12.  (Plin.,  H.  N.,  xx.,  23.)— 13.  ,Liv.,  vii.,  2.)— 
14.  (Horat.,  Epist..  II.,  i.,  145.)— 15.  (Serv.  ad  2En.,  vii.,  695.— 
Serec,  Controv..  21  —Plin.,  H.  N.,  xv.,  22.) 


other  occasions,  but  especially  after  the  harvest 
was  over.  After  their  introduction  into  the  towns, 
they  seem  to  have  lost  much  of  their  original  rustic 
character,  and  to  have  been  modified  by  the  influ- 
ence of  Greek  refinement  51  they  remained,  how- 
ever, in  so  far  the  same,  as  they  were  at  eJI  times 
irregular,  and  mostly  extempore  doggerel  verses. 
Sometimes,  however,  versus  fescennini  were  also- 
written  as  satires  upon  persons.3  That  these  rail 
leries  had  no  malicious  character,  and  were  not  in- 
tended to  hurt  or  injure,  may  be  inferred  from  the 
circumstance  that  one  person  often  called  upon  an- 
other to  answer  and  retort  in  a  similar  strain.  The 
fescennina  are  generally  believed  to  have  been  in 
troduced  among  the  Romans  from  Etruria,  and  to 
have  derived  their  name  from  Fescennia,  a  town  of 
that  country.  But,  in  the  first  place,  Fescennia 
was  not  an  Etruscan,  but  a  Faliscan  town  ;3  and,  in 
the  second,  this  kind  of  amusement  has  at  all  time3 
been,  and  is  still,  so  popular  in  Italy,  that  it  can 
scarcely  be  considered  as  peculiar  to  any  particular 
place.  The  derivation  of  a  name  of  this  kind  from 
that  of  some  particular  place  was  formerly  a  fa- 
vourite custom,  as  may  be  seen  in  the  derivation  of 
caerimonia  from  Caere.  Festus*  endeavours  to  solve 
the  question  by  supposing  fescennina  to  be  derived 
from  fascinum,  either  because  they  were  thought  to 
be  a  protection  against  sorcerers  and  witches,  or 
because  fascinum  (phallus),  the  symbol  of  fertility, 
had  in  early  times,  or  in  rural  districts,  been  con- 
nected with  the  amusements  of  the  fescennina. 
But,  whatever  may  be  thought  of  this  etymology,  it 
is  of  importance  not  to  be  misled  by  the  common 
opinion  that  the  fescennina  were  of  Etruscan  origin. 

FESTU'CA.     (Vid.  Servus.) 

FETIA'LES,  a  college5  of  Roman  priests,  who 
acted  as  the  guardians  of  the  public  faith.  It  was 
their  province,  when  any  dispute  arose  with  a  for- 
eign state,  to  demand  satisfaction,  to  determine  the 
circumstances  under  which  hostilities  might  be 
commenced,  to  perform  the  various  religious  rites 
attendant  on  the  solemn  declaration  of  war,  and  to 
preside  at  the  formal  ratification  of  peace.  These 
functions  are  briefly  but  comprehensively  defined 
by  Varro  :6  "  Fetialcs  .  .  .  fidei  publica  inter  populos 
prceerant :  nam  per  hos  fiebat  ut  justum  conciperetur 
helium  et  inde  desitum,  ut  fozdere  fides  pads  constitu 
eretur.  Ex  his  mittcbantur,  antequam  conciperetur, 
qui  res  repeterent,  et  per  hos  etiam  nunc  fit  fozdus,"  to 
which  we  may  add  the  old  law  quoted  by  Cicero,7 

"  FcEDERUM,  PACIS,  BELLI,  INDUCIAKUM  ORATORES 
FETIALES  JUDICESQUE  SUNTO  ■,    BELLA  DISCEPTANTO." 

Dionysius8  and  Livy9  detail  at  considerable  length 
the  ceremonies  observed  by  the  Romans  in  the  ear- 
lier ages,  when  they  felt  themselves  aggrieved  by  a 
neighbouring  people.  It  appears  that,  when  an  in- 
jury had  been  sustained,  four  fetiales10  were  deputed 
to  seek  redress,  who  again  elected  one  of  their  num- 
ber to  act  as  their  representative.  This  individual 
was  styled  the  pater  patratus  populi  Romani.  A 
fillet  of  white  wool  was  bound  round  his  head,  to- 
gether with  a  wreath  of  sacred  herbs  gathered 
within  the  enclosure  of  the  Capitoline  Hill  (vid. 
Verbena,  Sagmina),  whence  he  was  sometimes 
named  Verbenarius.11  Thus  equipped,  he  proceeded 
to  the  confines  of  the  offending  tribe,  where  he  halt- 
ed and  addressed  a  prayer  to  Jupiter,  calling  the 
god  to  witness,  with  heavy  imprecations,  that  his 
complaints  were  well-founded  and  his  demands  rea- 
sonable. He  then  crossed  the  border,  and  the  same 
form  was  repeated  in  nearly  the  same  words  to  the 
first  native  of  the  soil  whom  he  might  chance  to 


1.  (Vid.  Virg.,  Georg.,  H.,  3S5,  &c— Tibull.,  II.,  i.,  55.— Ca- 
tull.,  61,  27.)— 2.  (Macrob.,  Saturn.,  ii.,  4.)— 3.  (Niebuhr,  Hirt. 
of  Rome,  i.,  p.  136.)— 4.  (s.  v.)— 5.  (Liv.,  xxxvi.,  3.)— 6.  (Dt 
Ling.  Lat.,  v.  86.  ed.  Muller.)—  7.  (De  Lesr.,  ii.,  9.)— 8.  (ii.,  72.' 
—9.  (i.,  32.)— 10.  (Varro  ap.  Non.)— 11.  (Plin.,  II.  N.,  xxii.,  2. 

437 


FETIALES. 


FIBULA. 


meet ,  again  a  third  time  to  the  sentine  >r  any 
citizen  whom  he  encountered  at  the  gate  of  the 
chief  town  ;  and  a  fourth  time  to  the  magistrates 
in  the  Forum  in  presence  of  the  people.  If  a  satis- 
factory answer  was  not  returned  within  thirty  days, 
after  publicly  delivering  a  solemn  denunciation — in 
which  the  gods  celestial,  terrestrial,  and  infernal 
were  invoked — of  what  might  be  expected  to  follow, 
he  returned  to  Rome,  and,  accompanied  by  the  rest 
of  the  fetiales,  made  a  report  of  his  mission  to  the 
senate.  If  the  people,1  as  well  as  the  senate,  deci- 
ded for  war,  the  pater  patratus  again  set  forth  to 
the  border  of  the  hostile  territory,  and  launched  a 
spear  tipped  with  iron,  or  charred  at  the  extremity 
and  smeared  with  blood  (emblematic,  doubtless,  of 
fire  and  slaughter)  across  the  boundary,  pronoun- 
cing, at  the  same  time,  a  solemn  declaration  of  war. 
The  demand  for  redress  and  the  proclamation  of 
hostilities  were  alike  termed  clarigatio,  which  word 
the  Romans  in  later  times  explained  by  clare  repe- 
tere  ;2  but  Gottling3  and  other  modern  writers  con- 
nect it  with  the  Doric  form  of  Krjpv^  and  ktjpvkeiov. 

Several  of  the  formulae  employed  on  these  occa- 
sions have  been  preserved  by  Livy*  and  Aulus  Gel- 
lius,5  forming  a  portion  of  the  Jus  Fetiale  by  which 
the  college  was  regulated.  The  services  of  the  fe- 
tiales were  considered  absolutely  essential  in  con- 
cluding a  treaty;6  and  we  read  that,  at  the  termina- 
tion of  the  second  Punic  war,  fetiales  were  sent  over 
to  Africa,  who  carried  with  them  their  own  verbena? 
and  their  own  flint-stones  for  smiting  the  victim. 
Here  also  the  chief  was  termed  pater  patratus.1 

The  institution  of  these  priests  was  ascribed  by 
tradition,  in  common  with  other  matters  connected 
with  religion,  to  Numa;8  and  although  Livy9  speaks 
as  if  he  attributed  their  introduction  to  Ancus  Mar- 
cius,  yet  in  an  earlier  chapter10  he  supposes  them  to 
Lave  existed  in  the  reign  of  Hostilius.  The  whole 
system  is  said  to  have  been  borrowed  from  the 
/Equicolae  or  the  Ardeates,11  and  similar  usages  un- 
doubtedly prevailed  among  the  Latin  states  ;  for  it 
is  clear  that  a  formula,  preserved  by  Livy,12  must 
have  been  employed  when  the  pater  patratus  of  the 
Romans  was  put  in  communication  with  the  pater 
patratus  of  the  Prisci  Latini. 

The  number  of  the  fetiales  cannot  be  ascertained 
with  certainty,  but  some  have  inferred,  from  a  pas- 
sage quoted  from  Varro  by  Nonius,13  that  it  amount- 
ed to  twenty,  of  whom  Niebuhr  supposes  ten  were 
elected  from  the  Ramnes  and  ten  from  the  Titien- 
ses ;  but  Gottling1*  thinks  it  more  probable  that  they 
were  at  first  all  chosen  from  the  Ramnes,  as  the 
Sabines  were  originally  unacquainted  with  the  use 
of  fetiales.  They  were  originally  selected  from  the 
most  noble  families ;  their  office  lasted  for  life  ;15 
and  it  seems  probable  that  vacancies  were  filled  up 
by  the  college  {co-optalione)  until  the  passing  of  the 
lex  Domitia,  when,  in  common  with  most  other 
priests,  they  would  be  nominated  in  the  comitia 
tributa.  This,  however,  is  nowhere  expressly  sta- 
ted 

The  etymology  of  fetialis  is 'uncertain.  Varro 
would  connect  it  with  Jidus  and  foedus ;  Festus  with 
fsrio  or  facio;  while  some  modern  scholars  suppose 
it  to  be  allied  to  tyrnii,  and  thus  tyrjTuikeig  would  be 
oratores,  speakers.  In  inscriptions  we  find  both  fe- 
tialis and  fecialis ;  but  since,  in  Greek  MSS.,  the 
word  always  appears  under  some  one  of  the  forms 
fprjTtakeig,  ^etluXeic,  <j)ltlu?,eic,  the  orthography  we 
have  adopted  in  this  article  is  probably  correct. 

The  explanation  given  by  Livy16  of  the  origin  of 


1.  (Liv.,  x.,  45.)— 2.  (Plin.,  H.  N.,  xxii.,  3.— Serv.  ad  Virg., 
JEn.,  ix.,  53.) — 3.  (Geschichte  der  Rem.  Staatsverf.,  p.  196.) — 
4.  (i.,  24,  32.)— 5.  (xvi.,  4.) -6.  (Liv.,  ix.,  5.)— 7.  (Liv.,  xxx.,  43.) 
—8.  (Dionys.,  ii.,  71.)— 9.  (i.,  32.)— 10.  (i.,  24.) — 11.  (Liv.  and 
Dionys.,  1.  c.)— 12.  (i.,  32.)— 13.  (xii.,  43.)— 14.  (Geschichte  der 
Rom.  Staatsverf.,  p.  195.)— 15.  (Dionys.,  ii.,  72.)— 16.  (i.,  24.) 
438 


the  term  Pater  Patratus  is  satisfactory  :  "  Pate? 
Patratus  ad  jusjurandum  patrandum,  id  est,  sancien- 
dum  fit  foedus;'"  and  we  may  at  once  reject  the 
speculations  of  Servius1  and  Plutarch,2  the  former 
of  whom  supposes  that  he  was  so  called  because  it 
was  necessary  that  his  father  should  be  alive,  th<? 
latter  that  the  name  indicated  that  his  father  was 
living,  and  that  he  himself  was  the  father  of  chil- 
dren. 

FIBULA  (nepovTi,  nepovic,  TTEpovrjTpig:  -rop-mi,  tin 
Ttopmg  :  evettj),  a  Brooch,  consisting  of  a  pin  (acus) 
and  of  a  curved  portion  furnished  with  a  hook 
(kTielc3).  The  curved  portion  was  sometimes  a  cir- 
cular ring  or  disc,  the  pin  passing  across  its  centre 
(woodcut,  figs.  1,  2),  and  sometimes  an  arc,  the  pin 
being  as  the  chord  of  the  arc  (fig.  3).  The  forms 
of  brooches,  which  were  commonly  of  gold  or 
bronze,  and  more  rarely  of  silver,*  were,  however, 
as  various  in  ancient  as  in  modern  times  ;  for  the 
fibula  served  in  dress,  not  merely  as  a  fastening,  but 
also  as  an  ornament.6 


Women  wore  the  fibula  both  with  the  Amictus 
and  the  iyidutus;  men  wore  it  with  the  amictus  only. 
Its  most  frequent  use  was  to  pin  together  two  parts 
of  the  scarf  (vid.  Chlamys),  shawl,  or  blanket,  which 
constituted  the  amictus,  so  as  to  fasten  it  over  the 
right  shoulder.6  (Woodcuts,  p.  11,  15,  78,  171,  227s 
235,  244,  291.)  More  rarely  we  see  it  over  the 
breast.  (Woodcuts,  p.  47,  186,  235.)  The  epithet 
eTepoiropTrog  was  applied  to  a  person  wearing  the 
fibula  on  one  shoulder  only  ;7  for  women  often  wore 
it  on  both  shoulders.  (Woodcuts,  p.  96,  218,  257.) 
In  consequence  of  the  habit  of  putting  on  the  amic- 
tus with  the  aid  of  a  fibula,  it  was  called  irepovrjua 
or  E/Lnirep6v7]{j.a*  TTopizrjp.a,9  or  (i/nrexovrj  TrepovfjTic}'1 
The  splendid  shawl  of  Ulysses,  described  in  the 
Odyssey,11  was  provided  with  two  small  pipes  for 
admitting  the  pin  of  the  golden  brooch  ;  this  contri- 
vance would  secure  the  cloth  from  being  torn.  The 
highest  degree  of  ornament  was  bestowed  upon 
brooches  after  the  fall  of  the  Western  Empire.  Jus- 
tin II.,12  and  many  of  the  emperors  who  preceded 
him,  as  we  perceive  from  the  portraits  on  their 
medals,  wore  upon  their  right  shoulders  fibulae,  from 
which  jewels,  attached  by  three  small  chains,  de- 
pended.13 

It  has  been  already  stated  that  women  often  wore 
the  fibula  on  both  shoulders.  In  addition  to  this,  a 
lady  sometimes  displayed  an  elegant  row  of  brooch- 
es down  each  arm  upon  the  sleeves  of  her  tunic,14 
examples  of  which  are  seen  in  many  ancient  stat- 
ues. It  was  also  fashionable  to  wear  them  on  the 
breast  ;15  and  another  occasional  distinction  of  fe- 
male attire,  in  later  times,  was  the  use  of  the  fibula 
in  tucking  up  the  tunic  above  the  knee. 

Not  only  might  slight  accidents  to  the  person 
arise  from  wearing  brooches,16  but  they  were  some- 

1.  (ad  ^En.,  ix.,  53  •  x.,  14  ;  xii.,  206.)— 2.  (Q.  R.,  p.  127,  ed 
Reiske.)— 3.  (Horn.,  0\.,  xviii.,  293.)— 4.  (^Elian,  V.  1L,  i.,  18.) 
—  5.  (Horn.,  Od.,  xix.,  256,  257. —  Eurip.,  Phoen.,  821.)  — 6. 
(Soph.,  Trach.,  923.— Theocrit.,  xiv.,  66.— Ovid,  Met.,  viii.,  318. 
—Tacit.,  Germ.,  17.)— 7.  (Schol.  in  Eurip.,  Ilea,  933,  934.)—  8. 
(Theocrit.,  Adon.,  34,  79.)  — 9.  (Eurip.,  Electr.,  820.)— .10. 
(Brunck,  Anal.,  ii.,  28.)— 11.  (xix.,  225-231.)— 12.  (Corippus,ii., 
122.)  —  13.  (Beger,  Thes.  Pal.,  y.  407,  4G8,  &c.)  —  14.  ( <Elian, 
V  H.,  i.,  18.)— 15.  (Isid.,  Orig.,  xix,,  30.)  — 113.  .(Horn.,  II.,  t 
426) 


FICTILE. 


FICTILE. 


times  used,  especially  by  females,  to  inflict  serious 
injuries.  The  pin  of  the  fibula  is  the  instrument 
which  the  Phrygian  women  employ  to  deprive  Po- 
iymnestor  of  his  sight,  by  piercing  his  pupils,1  and 
with  which  the  Athenian  women,  having  first  blind- 
ed a  man,  then  despatch  him.2  GEdipus  strikes  the 
popils  of  his  own  eyeballs  with  a  brooch  taken  from 
the  dress  of  Jocasta.8  For  the  same  reason,  nepovuu 
meant  to  pierce  as  with  a  fibula  Qxepovnee,  "  pinned 

him"4). 

Very  large  brooches  are  sometimes  discovered, 
evidently  intended  to  hold  up  curtains  or  tapestry. 
(Vid.  Tapes,  Velum.) 

Brooches  were  succeeded  by  buckles,  especially 
among  the  Romans,  who  called  them  by  the  same 
name.  The  preceding  woodcut  shows  on  the  right 
hand  the  forms  of  four  bronze  buckles  from  the  col- 
lection in  the  British  Museum.  This  article  of  dress 
was  chiefly  used  to  fasten  the  belt  (vid.  Balteus) 
and  the  girdle  (vid.  Zona).6  It  appears  to  have 
been,  in  general,  much  more  richly  ornamented  than 
the  brooch  ;  for,  although  Hadrian  was  simple  and 
unexpensive  in  this  as  well  as  in  other  matters  of 
costume,6  yet  many  of  his  successors  were  exceed- 
ingly prone  to  display  buckles  set  with  jewels  ( fibu- 
la, gemmata). 

The  terms  which  have  now  been  illustrated  as 
applied  to  articles  of  dress,  were  also  used  to  denote 
pins  variously  introduced  in  carpentry ;  e.  g.,  the 
linchpins  of  a  chariot  ;7  the  wooden  pins  inserted 
through  the  sides  of  a  boat,  to  which  the  sailors 
fasten  their  lines  or  ropes  ;8  the  trenails  which 
unite  the  posts  and  planks  of  a  wooden  bridge  ;9 
and  the  pins  fixed  into  the  top  of  a  wooden  triangle, 
used  as  a  mechanical  engine.10 

The  practice  of  infibulating  singers,  alluded  to  by 
Juvenal  and  Martial,  is  described  in  Rhodius  (De 
Ada)  and  Pitiscus. 

FI'CTILE  (mpufiog,  Kepu.fj.iov,  oarpaKov,  barpuKi- 
vov),  earthenwaie,  a  vessel  or  other  article  made  of 
baked  clay. 

The  instruments  used  in  pottery  (ars  figulina) 
were  the  following :  1.  The  wheel  (rpoxbs,  orbis, 
rota,  "  rota  figularis"11),  which  is  mentioned  by  Ho- 
mer,1' and  is  among  the  most  ancient  of  all  human 
inventions.  According  to  the  representations  of  it 
on  the  walls  of  Egyptian  tombs,13  it  was  a  circular 
table,  placed  on  a  cylindrical  pedestal,  and  turning 
;reely  on  a  point.  The  workman,  having  placed  a 
lump  of  clay  upon  it,  whirled  it  swiftly  with  his  left 
hand,  and  employed  his  right  in  moulding  the  clay 
to  the  requisite  shape.  Hence  a  dish  is  called  "the 
daughter  of  the  wheel"  (rpoxnldrog  /cop?;14).  2.  Pie- 
ces of  wood  or  bone,  which  the  potter  (nepa/ievc, 
figulus)  held  in  his  right  hand,  and  applied  occasion- 
ally to  the  surface  of  the  clay  during  its  revolution. 
A  pointed  stick,  touching  the  clay,  would  inscribe  a 
circle  upon  it  -,  and  circles  were  in  this  manner  dis- 
posed parallel  to  one  another,  and  in  any  number, 
according  to  the  fancy  of  the  artist.  By  having  the 
end  of  the  stick  curved  or  indented,  and  by  turning 
it  in  different  directions,  he  would  impress  many 
beautiful  varieties  of  form  and  outline  upon  his  va- 
ses. 3.  Moulds  (forma,  tvttol16),  used  either  to  dec- 
orate with  figures  in  relief  (irpoorvTra)  vessels  which 
had  been  thrown  on  the  wheel,  or  to  produce  foliage, 
animals,  or  any  other  appearances  on  Antefixa,  on 
cornices  of  terra-cotta,  and  imitative  or  ornamental 


1.  (Eurip.,  Hec,  1170.)— 2.  (Herod.,  v.,  87.— Schol.  in  Eurip., 
llec,  934.)— 3.  (Soph.,  (Ed.  Tyr.,  1269.— Eurip.,  Phcen.,  62.)— 
4.  (Horn.,  n.,  vii.,  145  ;  xiii.,  397.)— 5.  (Virg.,  JEn.,  xii.,  274.— 
Lydus,  De  Mag.  Rom.,  ii.,  13.— Isid.,  1.  c.)  —  6.  (Spartian.,  Vit. 
Haclr.,  10.)— 7.  (Par then.,  6.)— 8.  (Apoll.  Rhod..  i.;  567.)  — 9. 
(Osar,  B.  G.,  iv.,  17.)— 10.  (Vitruv.,  x.,2.)— 11.  (Plaut.,  Epid., 
in..  2, 35.)— 12.  (11.,  xviii..  600.)— 13.  (Wilkinson's  Manners  and 
Cnstoms,  iii.,  p.  163.) — 14.  (Xenarchus  ap.  Athen.,  ii.,  p.  64  | — 
15    (Schol.  in  Aristoph.,  Eccles..  1.) 


pottery  of  all  other  kinds,  in  which  the  wheel  wa» 
not  adapted  to  give  the  first  shape.  The  annexed 
woodcut  shows  three  moulds,  which  were  found 
near  Rome  by  M.  Seroux  d'Agincourt.1  They  are 
cut  in  stone.  One  of  them  was  probably  used  for 
making  antefixa,  and   the  other  two   for  making 


hearts  and  legs,  designed  to  be  suspended  by  poor 
persons  "  ex  voto"  in  the  temples  and  sanctuaries 
( Vid.  Donaria.)  Copies  of  the  same  subject,  which 
might,  in  this  manner,  be  multiplied  to  any  extent, 
were  called  "  ectypa."  4.  Gravers  or  scalpels,  used 
by  skilful  modellers  in  giving  to  figures  of  all  kinds 
a  more  perfect  finish  and  a  higher  relief  than  could 
be  produced  by  the  use  of  moulds.  These  instru- 
ments, exceedingly  simple  in  themselves,  and  deri- 
ving their  efficiency  altogether  from  the  ability  and 
taste  of  the  sculptor,  would  not  only  contribute  to 
the  more  exquisite  decoration  of  earthen  vessels, 
but  would  be  almost  the  only  tools  applicable  for 
making  "  Dii  fictiles,"  or  gods  of  baked  earth,  and 
other  entire  figures.2  These  were  among  the  ear- 
liest efforts  of  the  plastic  art,  and  even  in  times  of 
the  greatest  refinement  and  luxury  il&y  continued  to 
be  regarded  with  reverence. 

Vessels  of  all  kinds  were  very  frequently  fur- 
nished with  at  least  one  handle  (ansa,  ovaq,  wf). 
The  Amphora  was  called  Diota  because  it  had 
two.  The  name  of  the  potter  was  commonly 
stamped  upon  the  handle,  the  rim,  or  some  other 
part.  Of  this  we  have  an  example  in  the  amphora, 
adapted  for  holding  grain  or  fruits,  oil  or  wine, 
which  is  here  introduced  from  the  work  of  Seroux 
d'Agincourt.  The  figure  on  the  right  hand  shows 
the  name  in  the  genitive  case,  "  Maturi,"  impress- 
ed on  an  oblong  surface,  which  is  seen  on  the  han- 
dle of  the  amphora. 


The  earth  used  for  making  pottery  (tcepufiiKt]  yf}*) 
was  commonly  red,  and  often  of  so  lively  a  eclour 
as  to  resemble  coral.  Vauquelin  found,  by  analysis, 
that  a  piece  of  Etruscan  earthenware  contained  the 
following  ingredients  :  silica,  53  ;  alumina,  15; 
lime  8  ;  oxide  of  iron,  24.     To  the  great  abundance 

1.  (Recueil  de  Fragmens,  p.  88-92.)  —2.  (Propert.,  ii.,  3.  25 
—Id.,  iv.,  1 ,  5.— Piin.,  II.  N.,  xxxv.,  45, 46.— Sen.,  Cons,  ad  All* 
10. — dyti\tmr<  'k  TrjXov.  onrris  yrjs  '■  Paus.,  i.,  2,  4. — Id.,  i.,  3 
I  — Id.,    ux.,  '<U,  b.) — 3.    (Ueopoi:.,  ii.,  49.) 

439 


FICTILE. 


FICTILE. 


©t  the  last  constituent  the  deep  red  colour  is  to  be 
attributed.     Other  pottery  is  brown  or  cream-col- 
oured, and  sometimes  white.    The  pipe-clay,  which 
must  have  been  used  for  white  ware,  is  called  "  fig- 
iina  creta."1     Some  of  the  ancient  earthenware  is 
throughout  its  substance  black,  an  effect  produced 
by  mixing  the  earth  with  comminuted  asphaltum 
(ga.ga.tes),  or  with  some  other  bituminous  or  oleagi- 
nous substance.     It  appears,  also,  that  asphaltum, 
with  pitch  and  tar,  both  mineral  and  vegetable,  was 
used  to  cover  the  surface  like  a  varnish.     In  the 
finer  kinds  of  earthenware  this  varnish  served  as  a 
black  paint,  and  to  its  application  many  of  the  most 
beautiful  vases  owe  the  decorations  which  are  now 
so  highly  admired.2    But  the  coarser  vessels,  de- 
signed for  common  purposes,  were  also  smeared 
with  pitch,  and  had  it  burned  into  them,  because  by 
this  kind  of  encaustic  they  became  more  impervious 
to  moisture  and  less  liable  to  decay.3    Hence  a 
'*  dolium  picatum  fictile"  was  used,  as  well  as  a 
glass  jar,  to  hold  pickles.*    Also  the  year  of  the 
vintage  was  inscribed  by  the  use  of  pitch,  either 
upon  the  amphorae  themselves,  or  upon  the  la- 
bels (pittacia,  schedia)  which  were  tied  round  their 
necks.5    Although  oily  or  bituminous  substances 
were  most  commonly  employed  in  pottery,  to  pro- 
duce, by  the  aid  of  fire  (ei>  de  fielavdeZev*'),  the  vari- 
ous shades  of  black  and  brown,  the  vessels,  before 
being  sent  for  the  last  time  to  the  furnace  (vid. 
Fornax),  were  sometimes  immersed  in  that  finely- 
prepared  mud,  now  technically  called  "  slip,"  by 
which  the  surface  is  both  smoothed  and  glazed,  and 
at  the  same  time  receives  a  fresh  colour.     Ruddle, 
or  red  ochre  (fj,iXroc,  rubrica),  was  principally  em- 
ployed for  this  purpose.7     To  produce  a  farther 
variety  in  the  paintings  upon  vases,  the  artists  em- 
ployed a  few  brightly-coloured  earths  and  metallic 
ores. 

As  we  might  expect  concerning  an  art  so  indis- 
pensable as  that  of  the  potter,  it  was  practised  to  a 
great  extent  in  every  ancient  nation ;  even  the  most 
uncivilized  not  being  strangers  to  it,  and  sometimes 
displaying  a  surprising  degree  of  dexterity.  The 
remains  of  an  ancient  pottery  have  been  found  in 
Britain,  and  some  of  the  potters'  names,  preserved 
on  their  works,  are  probably  British.  "We  are  told 
of  a  place  called  the  Potteries  (Figlince)  in  Gaul. 
Numa  instituted  a  corporation  of  potters  at  Rome.8 
Mention  has  already  been  made  of  Egypt,  and  there 
are  frequent  allusions  to  the  art  in  the  ancient  wri- 
tings of  the  Jews.  We  also  read  of  its  productions 
in  Tralles,  Pergamus,  Cnidus,  Chios,  Sicyon,  Cor- 
inth, Cumae,  Adria,  Modena,  and  Nola,  from  which 
city  the  exports  of  earthenware  were  considerable, 
and  where  some  of  the  most  exquisite  specimens 
are  still  discovered.  But  three  places  were  distin- 
guished above  all  others  for  the  extent  and  excel- 
lence of  this  beautiful  manufacture :  1.  Samos,  to 
which  the  Romans  resorted  for  the  articles  of  earth- 
enware necessary  at  meals,  and  intended  for  use 
rather  than  display.9  2.  Athens,  a  considerable 
part  of  which  was  called  Ceramicus,  because  it  was 
inhabited  by  potters.  In  this  quarter  of  the  city 
were  temples  dedicated  to  Athena,  as  presiding 
over  every  kind  of  handicraft,  and  to  the  two  fire- 
gods,  Hephaistos  and  Prometheus,  the  latter  of 
whom  was  also  the  mythical  inventor  of  the  art  of 
meddling.  Various  traditions  respecting  Corcebus 
and  others  point  to  the  early  efforts  of  the  Athenian 

1.  (Varro,  De  Re  Rust ,  iii.,  9.)— 2.  (Plin.,  H.,  N.,  xxxvi., 
84.)-3.  (Hor.,  Carm.,  i.,  20,  3.— Plin.,  H.  N.,  xiv.,  20,  21.)— 4. 
(Oo'.nm.,  De  Re  Rust.,  xii.,  18,  54.)— 5.  (Plaut.,  Epid.,  iv.,  2, 
15.— Hor.,  Carm.,  iii.,  21,  1-5.)— 6.  (Horn.,  Epig.,  xiv.,  3.)— 7. 
<Sui.d..  s.  v.  KwAtado?  Kipatxr)ts.)—%.  (Plin.,  H.  N.,  xxxv.,  46.) 
—9,  (Plaut.,  Bacch.,  ii.,  2.  24—  Such.,  v.,  4,  12.— Tibull.,  ii.,  3, 
51  _Cic,  Pro  Muraena,  36  —Plin.,  H.  N.,  xxxv.,  46.— Tertull., 
ipoj.,  25.— A»son,,  Epig.) 
440 


potters  ;l  and  it  is  a  remarkable  circumstance,  that 
the  enemies  of  free  trade,  and  especially  of  Athe- 
nian influence  at  JEgina  and  Argos,  imposed  re- 
strictions on  the  use  of  these  productions.2  The 
Athenian  ware  was  of  the  finest  description  :  the 
master-pieces  were  publicly  exhibited  at  the  Pana- 
thenjea,  and  were  given,  filled  with  oil,  to  the 
victors  at  the  games ;  in  consequence  of  which,  we 
now  read  on  some  of  them,  in  the  British  Museum 
and  other  collections,  the  inscription  Tuv  'A6rjvt}6<t> 
adluv,  or  other  equivalent  expressions.3 

Many  other  specimens  were  presents  given  to 
relations  and  friends  on  particular  occasions,  and 
often  distinguished  by  the  epithets  Kakog  and  x.aXf) 
added  to  their  names.    A  circumstance  which  con- 
tributed to  the  success  of  the  Athenians  in  this 
manufacture,  was  a  mine  of  fine  potters'  clay  in  the 
Colian  Promontory,  near  Phalerum.4    The  articles 
made  from  it  became  so  fashionable,  that  Plutarch,* 
describing  an  act  of  extreme  folly,  compares  it  to 
that  of  the  man  who,  having  swallowed  poison,  re- 
fuses to  take  the  antidote  unless  it  be  administered 
to  him  in  a  cup  made  of  Colian  clay.     Some  of  the 
"  Panathenaic"  vases,  as  they  were  called,  are  two 
feet  in  height,  which  accords  with  what  is  said  by 
ancient  authors  of  their  uncommon  size.6    A  diota 
was  often  stamped  upon  the  coins  of  Athens,  in  al- 
lusion to  the  facts  which  have  now  been  explained. 
3.  Etruria,  especially  the  cities  of  Aretiura  and 
Tarquinii.     While  the  Athenian  potters  excelled  all 
others  in  the  manufacture  of  vessels,  the  Tuscans, 
besides  exercising  this  branch  of  industry  to  a  great 
extent,  though  in  a  less  tasteful  and  elaborate  man- 
ner, were  very  remarkable  for  their  skill  in  produ- 
cing all  kinds  of  statuary  in  baked  clay.     Even  the 
most  celebrated  of  the  Roman  temples  were  adorned, 
both  within  and  without,  by  the  aid  of  these  pro- 
ductions.    The  most  distinguished  among  them 
was  an  entire  quadriga,  made  at  Veii,  which  sur- 
mounted the  pediment  of  the  Temple  of  Jupiter 
Capitolinus.7    The  Etrurians  also  manifested  their 
partiality  to  this  branch  of  art  by  recurring  to  it  for 
the  purpose  of  interment  ;   for  while  Pliny  men- 
tions8 that  many  persons  preferred  to  be  buried  in 
earthen  jars,  and  in  other  parts  of  Italy  the  bones 
of  the  dead  have  been  found  preserved  in  amphorae, 
Etruria  alone  has  afforded  examples,  some  of  them 
now  deposited  in  the  British  Museum,  of  large  sar- 
cophagi made  wholly  of  terra  cotta,  and  ornamented 
with  figures  in  bas-relief  and  with  recumbent  stat- 
ues of  the  deceased. 

Among  many  qualities  which  we  admire  in  the 
Greek  pottery,  not  the  least  wonderful  is  its  thin- 
ness (Ae7rrd9)  and  consequent  lightness,  notwith- 
standing the  great  size  of  the  vessels,  and  the  perfect 
regularity  and  elegance  of  their  forms.  That  it 
was  an  object  of  ambition  to  excel  in  this  respect 
we  learn  from  the  story  of  a  master  and  his  pupii, 
who  contended  which  could  throw  the  thinness 
clay,  and  whose  two  amphora;,  the  result  of  the 
trial,  were  preserved  in  the  temple  at  Erythrae. 

The  Greeks  and  Romans  contented  themselves 
with  using  earthenware  on  all  occasions  until  the 
time  of  Alexander  the  Great :  the  Macedonian  con- 
quests introduced  from  the  East  a  taste  for  vessels 
of  gold  and  silver,  in  which,  however,  the  Spartans 
refused  to  indulge  themselves.  The  Persians,  o% 
the  contrary,  held  earthenware  in  so  low  estima 
tion,  that  they  condemned  persons  to  drink  out  o< 

1.  (Plin.,  H.  N.,  vii.,  57. — Id.,  xxxv  ,  45. — Critias  ap.  Athen 
i.,  p.  28,  C.)— 2.  (Herod.,  v.,  88.)— 3.  (Pind.,  Nem.,  x.,  35.- 
Schol.  and  Bockh,  ad  loc. — Beckh,  Corp  Inscrip.  Gr.,  p.  49  )  — 
4.  (Suid.,  1.  c  — Athen.,  xi.,  p.  482.)  — 5.  (De  Audit.)— 6 
(Athen.,  xi.,  p.  495.— Bockh  in  Pind..  Frag.,  No.  89.)— 7.  (Plin. 
H.  N.,  xxviii.,  2.— Id.,  xxxv.,  45.— Id.,  xxxvi.,  2  — K .  O.  MuUer, 
Etrusker,  iv.,  3,  1,  2.)  —  8.  (II.  N.,  xxxv.,  46^  -9  (Phrt., 
Apophth.)— 10.  (Plin.,  H.  N.,  xxxv.,  46-  > 


FICUS. 


FIDEICOMMISSUM. 


fictile  1  essels  as  a  punishment.1  But,  although  the 
Romans,  as  they  deviated  from  the  ancient  sim- 
plicity, made  a  great  display  of  the  more  splendid 
kinds  of  vessels,  yet  they  continued  to  look  upon 
pottery  not  only  with  respect,  but  even  with  vener- 
ation.2 They  called  to  mind  the  magnanimity  of 
the  consul  Curius,  who  preferred  the  use  of  his 
own  earthenware  to  the  gold  of  the  Samnites  ;3 
they  reckoned  some  of  their  cunsecrated  terra-cot- 
ras,  and  especially  the  above-mentioned  quadriga, 
among  the  safeguards  of  their  imperial  city  ;*  and, 
bound  by  old  associations  and  the  traditions  of  their 
earliest  history,  they  considered  earthen  vessels 
proper  for  religious  ceremonies,  although  gold  and 
silver  might  be  admitted  in  their  private  entertain- 
ments ;8  for  Pliny  says6  that  the  productions  of 
this  class,  "  both  in  regard  to  their  skilful  fabrica- 
tion and  their  high  antiquity,  were  more  sacred, 
and  certainly  more  innocent,  than  gold." 

Another  term,  often  used  as  synonymous  with 
fictile,  was  testo.  {Vid.  Culix,  Dolium,  Later,  Pa- 
tera, Patina,  Tegula.) 

FICTIO.  Fictions  in  Roman  law  are  like  fic- 
tions in  English  law,  of  which  it  has  been  said  that 
they  are  "those  things  that  have  no  real  essence  in 
their  own  body,  but  are  so  acknowledged  and  ac- 
cepted in  law  for  some  especial  purpose."  The  fic- 
tions of  the  Roman  law  apparently  had  their  origin 
in  the  edictal  power,  and  they  were  devised  for  the 
purpose  of  providing  for  cases  where  there  was  no 
legislative  provision.  A  fiction  supposed  something 
to  be  which  was  not ;  but  the  thing  supposed  to  be 
was  such  a  thing  as,  being  admitted  to  be  a  fact, 
gave  to  some  person  a  right,  or  imposed  on  some 
person  a  duty.  Various  instances  of  fictions  are 
mentioned  by  Gaius.  One  instance  is  that  of  a 
person  who  had  obtained  the  bonorum  possessio  ex 
edicto.  As  he  was  not  heres,  he  had  no  direct  ac- 
tion :  he  could  neither  claim  the  property  of  the  de- 
funct as  his  (legal)  property,  ncr  could  he  claim  a 
debt  due  to  the  defunct  as  his  (legal)  debt.  He 
therefore  brought  his  suit  (intendit)  as  heres  (Jicto 
se  herede),  and  the  formula  was  accordingly  adapted 
to  the  fiction.  In  the  Publiciana  Actio,  the  fiction 
was  that  the  possessor  had  obtained  by  usucapion 
the  ownership  of  the  thing  of  which  he  had  lost  the 
possession.  A  woman  by  coemptio,  and  a  male  by 
being  adrogated,  ceased,  according  to  the  civil  law, 
to  be  debtors,  if  they  were  debtors  before ;  for  by 
the  coemptio  and  adrogatio  they  had  sustained  a 
capitis  diminutio,  and  there  could  be  no  direct  ac- 
tion against  them.  But  as  this  capitis  diminutio 
might  be  made  available  for  fraudulent  purposes,  an 
actio  utilis  was  still  allowed  against  such  persons, 
the  fiction  being  that  they  had  sustained  no  capitis 
diminutio.  The  formula  did  not  (as  it  appears  from 
Gaius)  express  the  fiction  as  a  fact,  but  it  ran  thus  : 
If  it  shall  appear  that  such  and  such  are  the  facts 
^the  facts  in  issue),  and  that  the  party,  plaintiff  or 
defendant,  would  have  such  and  such  a  right,  or  be 
liable  to  such  and  such  a  duty,  if  such  and  such 
other  facts  (the  facts  supposed)  were  true ;  et  re- 
liqua  7 

It  was  by  a  fiction  that  the  notion  of  legal  capacity 
was  extended  to  artificial  persons,  that  is,  to  such 
persons  as  were  merely  supposed  to  exist  for  legal 
purposes.  (Vid.  Collegium,  Fiscus.)  Numerous 
instances  of  fictions  occur  in  the  chapters  entitled 
Juristische  Pcrsonen  in  Savigny's  recent  work,  enti- 
tled System  des  heut  R.  R.,  vol.  ii. 

*F1CUS,  the  Fig-tree  (cvktj),  and  also  its  fruit  (av- 


..  (Athen.,  vi.,  p.  229.,  C— Id.,  xi.,  464,  A.— Id.,  483,  C,  D.) 
•--2.  (Ovid,  Met.,  viii.,  690. — Cic.  ad  Att.,  vi.,  1  — Juv.,  iii., 
16s.— Id.,  x.,  25.)— 3.  (Floras,  i.,  18.)— 1.  (Serv.  ad  Virg.,  2En., 
?.j.,  188.)— 5.  (Ter.'ull.,  1.  O— «.  (H  N.,xxxv  ,46.|  -7.  (Gaiu., 
jt    32,  &o.) 

Kkk 


kov).  "The  gvkt}  of  Theophrastus  and  Dioscondea 
is  properly  the  Ficus  Carica.  The  wild  Fig-tree  is 
called  eptveoc.  by  Homer,  and  Eustathius,  the  com- 
mentator on  that  poet,  describes  pretty  accurately 
the  process  of  caprification.  The  ovkti  Al-yvirrtn, 
called  also  Kepovia,  is  the  Ficus  Religiosa,  according 
to  Stackhouse  ;  Schneider,  however,  makes  it  the 
Ceratonia  Siliqua,  L.,  or  Carob-tree.  The  gvktj 
' klet-avdpia  is  the  Pyrus  Amelanchier  according  to 
Sprengel,  but  the  Lonicera  Pyrenaica  according  to 
Stackhouse.  The  avarj  'Ivdinrj  is  the  Ficus  InJica, 
or  Banyan,  according  to  Sprengel,  but,  as  Stack- 
house  maintains,  the  Rhizophora  Mangle,  or  Man- 
grove.1 The  Banyan,  or  Indian  Fig-tree,  is  noticed 
by  Theophrastus,  Pliny,  Strabo,  Solinus,  Diodorus 
Siculus,  Quintus  Curtius,  Arrian,  and  Athenoeus 
This  tree  forms  a  conspicuous  object  in  Hindu 
mythology.  The  branches,  after  projecting  to  ? 
certain  distance,  drop  and  take  root  in  the  earth . 
These  branches,  in  their  turn,  become  trunks,  and 
give  out  other  branches,  and  thus  a  single  tree  forms 
a  little  forest."  "The  fhj,"  says  Adams,  in  his 
Commentary  on  Paul  of  Jfigina,  "  was  a  great  fa- 
vourite with  the  ancients.  Galen  states  that  it  is 
decidedly  nutritious,  but  that  the  flesh  formed  from 
it  is  not  firm  and  compact,  like  that  from  pork  and 
bread,  but  soft  and  spongy,  like  that  from  beans. 
He  says  that  figs  increase  the  urinary  and  alvine 
discharges.     Galen  speaks  doubtfully  of  dried  figs." 

FIDEICOMMISSUM  may  be  defined  to  be  a  tes- 
tamentary disposition,  by  which  &  person  who  gives 
a  thing  to  another  imposes  on  him  the  obligation  of 
transferring  it  to  a  third  person.  The  obligation 
was  not  created  by  words  of  legal  binding  force 
(civilia  verba),  but  by  words  of  request  (precative), 
such  as  "  fideicommitto,"  "  peto,"  "  volo  dari,"  and 
the  like ;  which  were  the  operative  words  (verba 
utilia).  If  the  object  of  the  fideicommissuaa  waa 
the  hereditas,  the  whole  or  a  part,  it  was  called 
fideicommissaria  hereditas,  which  is  equivalent  to 
a  universal  fideicommissum ;  if  it  was  a  single 
thing  or  a  sum  of  money,  it  was  called  fidBicom- 
missum  singulae  rei.  The  obligation  to  transfer  the 
former  could  only  be  imposed  on  the  heres  ;  the  ob- 
ligation of  transferring  the  latter  might  be  imposed 
on  a  legatee. 

By  the  legislation  of  Justinian,  a  fideicommissum 
of  the  hereditas  was  a  universal  succession ;  but 
before  his  time  the  person  entitled  to  it  was  some- 
times "heredis  loco,"  and  sometimes  "legatarii 
loco."  The  heres  still  remained  heres  after  he  had 
parted  with  the  hereditas.  Though  the  fideicom- 
missum resembled  a  vulgar  substitution,  it  differed 
from  it  in  this  :  in  the  case  of  a  vulgar  substitution, 
the  substituted  person  only  became  heres  when  the 
first  person  named  heres  failed  to  become  such ;  in 
the  case  of  the  fideicommissum,  the  second  heres 
had  only  a  claim  on  the  inheritance  when  the  per- 
son named  the  heres  had  actually  become  such. 
There  could  be  no  fideicommissum  unless  there 
was  a  heres. 

The  person  who  created  the  fideicommissum 
must  be  a  person  who  was  capable  of  making  a 
will ;  but  he  might  create  a  fideicommissum  with- 
out having  made  a  will.  The  person  who  was  to 
receive  the  benefit  of  the  fideicommissum  was  the 
fideicommissarius  ;  the  person  on  whom  the  obliga- 
tion was  laid  was  the  fiduciarius.  The  fideicom- 
missarius himself  might  be  bound  to  give  the  fidei- 
commissum  to  a  second  fideicommissarius.  Origi- 
nally the  fideicommissarius  was  considered  as  a  pur- 
chaser (emptoris  loco) ;  and  when  the  heres  trans- 
ferred to  him  the  hereditas,  mutual  covenants  (cau- 
tiones)  were  entered  into,  by  which  the  heres  was 


1    (Adams,  Append.,  n.  v.  <tok>/.) 


441 


FIDEICOMMISSUM 


FIDEICOMMISSUM. 


not  to  be  a  iswerable  for  anything  which  he  had 
been  bound  to  do  as  heres,  nor  for  what  he  had 
given  bona  fide ;  and  if  an  action  was  brought 
against  him  as  heres,  he  was  to  be  defended.  On 
the  other  hand,  the  fideicommissarius  (qui  recipiebat 
hercditatcm)  was  to  have  whatever  part  of  the  he- 
reditas  might  still  come  to  the  hands  of  the  heres, 
£nd  was  to.be  allowed  to  prosecute  all  rights  of 
action  which  the  heres  might  have.  But  it  was 
enacted  by  the  senatus  consultum  Trebellianum,  in 
the  time  of  Nero,  that  when  the  heres  had  given  up 
the  property  to  the  fideicommissarius,  all  right  of 
action  by  or  against  the  heres  should  be  transferred 
to  the  fideicommissarius.  The  praetor  accordingly 
gave  utiles  actiones  to  and  against  the  fideicom- 
missarius, which  were  promulgated  by  the  edict. 
From  this  time  the  heres  ceased  to  require  from  the 
fideicommissarius  the  covenants  which  he  had  for- 
merly taken  as  his  security  against  his  general  lia- 
bilities as  heres. 

As  fideicommissa  were  sometimes  lost  because 
the  heres  would  not  accept  the  inheritance,  it  was 
enacted  by  the  senatus  consultum  Pegasianum,  in 
the  time  of  Vespasian,  that  the  fiduciarius  might  re- 
tain one  fourth  of  the  hereditas,  and  the  same  pow- 
er of  retainer  was  allowed  him  in  the  case  of  single 
things.  In  this  case  the  heres  was  liable  to  all 
debts  and  charges  (oncra  hereditaria) ;  but  the  same 
agreement  was  made  between  him  and  the  fidei- 
commissarius which  was  made  between  the  heres 
and  the  legatus  partiarius,  that  is,  the  profit  or  loss 
of  the  inheritance  was  shared  between  them  ac- 
cording to  their  shares  (pro  rata  parte).  Accord- 
ingly, if  the  heres  was  required  to  restore  not  more 
than  three  fourths  of  the  hereditas,  the  senatus 
consultum  Trebellianum  took  effect,  and  any  loss 
was  borne  by  him  and  the  fideicommissarius  in  pro- 
portion to  their  shares.  If  the  heres  was  required 
to  restore  more  than  three  fourths  or  the  whole, 
the  senatus  consultum  Pegasianum  applied.  If  the 
heres  refused  to  take  possession  of  (adire)  the  he- 
reditas, the  fideicommissarius  could  compel  him, 
by  application  to  the  praetor,  to  take  possession  of 
it,  and  to  restore  it  to  him ;  but  all  the  costs  and 
charges  accompanying  the  hereditas  were  borne  by 
the  fideicommissarius. 

Whether  the  heres  was  sole  heir  (ex  asse),  and 
required  to  restore  the  whole  or  a  part  of  the  he- 
reditas, or  whether  he  was  not  sole  heir  (ex  parte), 
and  was  required  to  restore  the  whole  of  such  part, 
or  a  part  of  such  part,  was  immaterial :  in  all  cases, 
the  S.  C.  Pegasianum  gave  him  a  fourth. 

By  the  legislation  of  Justinian,  the  senatus  consul- 
ta  Trebellianum  and  Pegasianum  were  consolidated, 
and  the  following  rules  were  established :  The  heres 
who  was  charged  with  a  universal  fideicommissum 
always  retained  one  fourth  part  of  the  hereditas, 
now  called  Quarta  Trebellianica,  and  all  claims  on 
behalf  of  or  against  the  hereditas  were  shared  be- 
tween the  fiduciarius  and  fideicommissarius,  who 
was  .considered  heredis  loco.  If  the  fiduciarius  suf- 
fered himself  to  be  compelled  to  take  the  inheritance, 
he  lost  his  Quarta,  and  any  other  advantage  that  he 
might  have  from  the  hereditas.  If  the  fiduciarius 
was  in  possession,  the  fideicommissarius  had  a  per- 
sonal actio  ex  testamento  against  him  for  the  he- 
reditas. If  not  in  possession,  he  must  at  least  ver- 
bally assent  to  the  claim  of  the  fideicommissarius, 
who  had  then  the  hereditatis  petitio  fideicommissa- 
ria  against  any  person  who  was  in  possession  of  the 
property. 

The  Quarta  Trebellianica  is,  in  fact,  the  Falcidia;, 
applied  to  the  case  of  universal  fideicommissa.  Ac 
cordingly,  the  heres  only  was  entitled  to  it,  and  not 
a  fideicommissarius,  who  was  himself  charged  with 
a  fideicommissum.  If  there  were  several  heredes 
442 


charged  with  fideicommissa,  each  was  entitled  to  a 
quarta  of  his  portion  of  the  hereditas.  The  heres 
was  entitled  to  retain  a  fourth  out  of  the  hereditas, 
not  including  therein  what  he  took  as  legatee. 

The  fiduciarius  was  bound  to  restore  the  heredi- 
tas at  the  time  named  by  the  testator,  or,  if  no  time 
was  named,  immediately  after  taking  possession  of 
it.  He  was  entitled  to  be  indemnified  for  all  prope? 
costs  and  charges  which  he  had  sustained  with  re- 
spect to  the  hereditas  ;  but  he  was  answerable  for 
any  damage  or  loss  which  it  had  sustained  through 
his  culpa. 

Res  singula?  might  also  be  the  objects  of  a  fidei 
commissum,  as  a  particular  piece  of  land,  a  slave,  a 
garment,  piece  of  silver,  or  a  sum  of  money ;  and 
the  duty  of  giving  it  to  the  fideicommissarius  might 
be  imposed  either  on  the  heres  or  on  a  legatee.  In 
this  way  a  slave  also  might  receive  his  liberty,  and 
the  request  to  manumit  might  be  addressed  either 
to  the  heres  or  the  legatarius.  The  slave,  when 
manumitted,  was  the  libertus  of  the  person  who  man- 
umitted him.  There  were  many  differences  between 
fideicommissa  of  single  things  and  legacies.  A  per- 
son about  to  die  intestate  might  charge  his  heres 
with  a  fideicommissum,  whereas  a  legacy  could  only 
be  given  by  a  testament,  or  by  a  codicil  which  was 
confirmed  by  a  proper  declaration  of  the  testator  in 
a  will ;  but  a  fideicommissum  could  be  given  by  a 
simple  codicil  not  so  confirmed.  A  heres  instituted 
by  a  will  might  be  requested  by  a  codicil,  not  so 
confirmed  as  above,  to  transfer  the  whole  hereditas, 
or  a  part,  to  a  third  person.  A  woman  who  was 
prevented  by  the  provisions  of  the  Yoconia  lex  from 
taking  a  certain  hereditas,  might  take  it  as  a  fidei- 
commissum.  The  Latini,  also,  who  were  prohibited 
by  the  lex  Junia  from  taking  hereditates  and  lega- 
cies by  direct  gift  (directo  jure),  could  take  by  fidei- 
commissa. It  was  not  legal  to  name  a  person  ai 
heres,  and  also  to  name  another  who,  after  the  deatk 
of  the  heres,  should  become  heres  ;  but  it  was  law- 
ful to  request  the  heres,  on  his  death,  to  transfer  the 
whole  or  a  part  of  the  hereditas  to  another.  In  this 
way  a  testator  indirectly  exercised  a  testamentary 
power  over  the  property  for  a  longer  period  than  the 
law  allowed  him  to  do  directly.  A  man  sued  for  a 
legacy  per  formulam  ;  but  he  sued  for  a  fideicom- 
missum before  the  consul  or  prastor  for  fideicommis- 
sa at  Rome,  and  in  the  provinces  before  the  prases. 
A  fideicommissum  was  valid  if  given  in  the  Greek 
language,  but  a  legacy  was  not  until  a  late  period. 

It  appears  that  there  were  no  legal  means  of  en- 
forcing the  due  discharge  of  the  trust  called  fidei- 
commissum  till  the  time  of  Augustus,  who  gave  the 
consuls  jurisdiction  in  fideicommissa.  In  the  time 
of  Claudius,  prsetores  fideicommissarii  were  appoint- 
ed :  in  the  provinces,  the  praesides  took  cognizance 
of  fideicommissa.  The  consuls  still  retained  their  ju- 
risdiction, but  only  exercised  it  in  important  cases.1 
The  proceeding  was  always  extra  ordinem.3  Fidei- 
commissa seem  to  have  been  introduced  in  order 
to  evade  the  civil  law,  and  to  give  the  hereditas,  or 
a  legacy,  to  a  person  who  was  either  incapacitated 
from  taking  directly,  or  who  could  not  take  as  much 
as  the  donor  wished  to  give.  Gaius,  when  observ- 
ing that  peregrini  could  take  fideicommissa,  ob- 
serves that  "  this"  (the  object  of  evading  the  law) 
"  was  probably  the  origin  of  fideicommissa ;"  but 
by  a  senatus  consultum  made  in  the  time  of  Ha- 
drian, sunh  fideicommissa  were  claimed  by  the  fis- 
cus.  They  are  supposed  to  be  the  commendationes 
mortuorum  mentioned  by  Cicero.3  We  have  an 
example  in  the  case  of  Q.  P.  Rufus,4  who,  being  in 
exile,  was  legally  incapacitated  from  taking  anything 
under  the  will  of  a  Roman  citizen,  but  could  claim 

1.  (Quinti  .  Instit.,  iii.,  6.)— 2.  (Gaius,  ii.,  228.— Ulp.,  Fraa. 
tit.  25,  s.  12  '-  -3.  (De  Fin.,  iii.,  20.)— 4.  (Val.  Max.,  iv.,  2,  9 


filix 


FIMBRIA. 


if.  from  his  mother,  who  was  the  heres  fiduciarius. 
They  were  also  adopted  in  the  case  of  gifts  to  wom- 
en, in  order  to  evade  the  lex  Voconia  (vid.  Voconia 
Lex),  and  in  the  case  of  proscribed  persons  ;*  incer- 
tie  persons,  Latini,  peregrini,  coelibes,  orbi.  But  the 
senatus  consultum  Pegasianum  destroyed  the  capa- 
city of  coelibes  and  orbi  to  take  fideicommissa,  and 
gave  them  to  those  persons  mentioned  in  the  will 
who  had  children,  and  in  default  of  such  to  the  po- 
pulus,  as  in  the  case  of  hereditates  and  legata. 
I  Vid.  Bona  Caduca.)  Municipia  could  not  take  as 
heredes  (vid.  Collegium)  ;  but  by  the  senatus  con- 
sultum Apronianum,  which  was  probably  passed  in 
the  time  of  Hadrian,  they  could  take  a  fideicommis- 
ea  hereditas.3  (Vid.  Hereditas.)  Fideicommissa 
were  ultimately  assimilated  to  legacies.  (Vid.  Le- 
patum.)3 

FIDEJU'SSIO.     (Vid.  Intercession 

FIDEPRO'MISSIO.     (Vid.  Intercessio.) 

FIDES.     (Vtd  Lyra.) 

FIDI'CUL^E  is  said  to  have  been  an  instrument 
of  torture,  consisting  of  a  number  of  strings.  Ac- 
cording to  some  modern  writers,  it  was  the  same 
as  the  equuleus,  or,  at  all  events,  formed  part  of  it. 
(Vid.  Equuleus .)  The  term,  however,  appears  to 
be  applied  to  any  strings,  whether  forming  part  of 
the  equuleus  or  not,  by  which  the  limbs  or  extrem- 
ities of  individuals  were  tied  tightly.* 

FIDU'CIA.  If  a  man  transferred  his  property  to 
another  on  condition  that  it  should  be  restored  to 
him,  this  contract  was  called  fiducia,  and  the  per- 
son to  whom  the  property  was  so  transferred  was 
said  fiduciam  acciperc*  A  man  might  transfer  his 
property  to  another  for  the  sake  of  greater  security 
in  time  of  danger,  or  for  other  sufficient  reason.6 
The  contract  of  fiducia  or  pactum  fiduciae  also  ex- 
isted in  the  case  of  pignus,  and  in  the  case  of  man- 
cipation. (Vid.  Emancipatio.)  The  hereditas  it- 
self might  be  an  object  of  fiducia.  (Vid.  Fideicom- 
missum.)  The  trustee  was  bound  to  discharge  his 
trust  by  restoring  the  thing  :  if  he  did  not,  he  was 
liable  to  an  actio  fiduciae  or  fiduciaria,  which  was 
an  actio  bonae  fidei.7  If  the  trustee  was  condemned 
in  the  action,  the  consequence  was  infamia.  Ci- 
cero enumerates  the  judicium  fiduciae  with  that  tu- 
telae  and  societatis,  as  "  judicia  sumnus  existimatio- 
nis  et  pane  capitis"*  where  he  is  evidently  alluding 
to  the  consequence  of  infamia.9 

When  the  object  for  which  a  thing  was  trans- 
ferred to  another  was  attained,  a  remancipatio  of 
those  things  which  required  to  be  transferred  by 
mancipatio  or  in  jure  cessio  was  necessary  ;  and 
with  this  view  a  particular  contract  (pactum  fiducia) 
was  inserted  in  the  formula  of  mancipatio.  If  no 
remancipatio  took  place,  but  only  a  simple  restitutio, 
usucapio  was  necessary  to  restore  the  Quiritarian 
ownership,  and  this  was  called  usureceptio.  The 
contract  of  fiducia  might  be  accompanied  with  a 
condition,  by  virtue  of  which  the  fiducia  might  cease 
in  a  given  case,  and  thus  the  fiducia  was  connected 
with  the  Commissoria  lex,  as  we  see  in  Paulus10 
and  in  Cicero,11  "  fiducia  commissa,"  which  may  be 
explained  by  reference  to  Commissum.12 

FIDUCIA'RIA  ACTIO.     (Vid.  Actio.) 

FIGLINiE.     (Vid.  Fictile.) 

*FILIX,  Fern.  The  general  resemblance  which 
several  of  the  Ferns  have  to  one  another,  has  led 
modern  botanical,  writers  to  apprehend  that  the  an- 

1.  (Cic,  Verr.,i.,  47.)— 2.  (TJlp.,  Frag.,  tit.  22,  s.  5.  —  Plin., 
Ep.,  v.,  7.)— 3.  (Gaius,  ii.,  247-28*9.  —  Ulp.,  Frag.,  tit.  25.)  —4. 
(Val  Max.,  iii.,  $5.— Sueton.,  Tib.,  62  ;  Cal.,  33.— Cod.  Theodos., 
3,  tit.  35,  s.  1. — Sigonius.De  Jud.,  iii.,  17.)— 5.  (Cic,  Top.,  c.  10.) 
—6,  (Gaius,  ii.,  60.)— 7.  (Cic,  Off.,  iii.,  15.— Id.,  ad  Fam.,  vii., 
12.)  —  8.  (Cic,  Pro  Ros.  Com.,  c  6.) — 9.  (Compare  Savigny, 
System,  &c,ii„  176.)— 10.  (Sent.  Recept.,ii.,tit.  13.)— 11.  (Pro 
Place,  c  21.)— 12.  (Gaius,  ii.,  60.— Id.,  iii.,  201.— Rosshirt, 
Grundlinien,  &c,  Q  99. — Rein,  Das  Rom.  Pnvatrecht. — Hein- 
«><'C,  Syntagma,  ed.  Hauliold.) 


cients  did  not  distinguish  very  nicely  between  th^nt 
The  Trripic  of  the  Greeks,  therefore,  though  Spren- 
gel  sets  it  down  for  the  Aspidium  Filix  mas,  was 
probably  not  restricted  to  it.1  The  Filix  of  Virgil 
appears  to  have  been  the  Pteris  Aguilina,  L.  Land 
which  abounds  with  fern  is  always  very  poor.2  The 
Latin  name  filix  was  given  to  this  plant  in  allusion 
to  the  radical  fibres,  which  resemble  so  many  threads 
(fila).  The  Greek  name  is  derived  from  nrepov,  "  a 
wing,"  because  the  leaves  are  pinnated  and  expand- 
ed like  wings.  The  specific  appellation  given  by 
Linnaeus  to  the  female  Fern,  namely,  Aguilina,  is 
said  to  be  derived  from  the  following  remarkable  cir- 
cumstance, that  when  the  root  of  this  plant  is  cut 
transversely,  it  presents  a  very  exact  representation 
of  an  eagle  (aguila)  with  two  heads.  Hence  this 
species  of  Fern  is  called  in  Germany  the  "Impe- 
rial."3 

FI'MBRI/E  (upocaoL ;  lonice,  dvoavoi,  Greg.  Co- 
rinth.), thrums;  tassels;  a  fringe. 

When  the  weaver  had  finished  any  garment  on 
the  loom  (vid  Tela),  the  thrums,  i.  e.,  the  extrem- 
ities of  the  threads  of  the  warp,  hung  in  a  row  at 
the  bottom.  In  this  state  they  were  frequently  left, 
being  considered  ornamental.  Often,  also,  to  pre- 
vent them  from  ravelling,  and  to  give  a  still  more 
artificial  and  ornamented  appearance,  they  were 
separated  into  bundles,  each  of  which  was  twisted 
(arpETrroic  dvadvoig*),  and  tied  in  one  or  more  knots. 
The  thrums  were  thus,  by  a  very  simple  process, 
transformed  into  a  row  of  tassels.  The  linen  shirts 
found  in  Egyptian  tombs  sometimes  show  this  or- 
nament along  their  lower  edge,  and  illustrate,  in  a 
very  interesting  manner,  the  description  of  these 
garments  by  Herodotus.5  Among  the  Greeks  and 
Romans,  fringes  were  seldom  worn  except  by  fe- 
males (KpoGGurbv  xiTtiva6).  Of  their  manner  of  di& 
playing  them,  the  best  idea  may  be  formed  by  the 
inspection  of  the  annexed  woodcut,  taken  from  a 
small  bronze,  representing  a  Roman  lady  who  wears 
an  inner  and  an  outer  tunic,  the  latter  being  fringed, 
and  over  these  a  large  shawl  or  pallium. 


Among  barbarous  nations,  the  amictus  was  often 
worn  by  men  with  a  fringe,  as  is  seen  very  con- 
spicuously in  the  group  of  Sarmatians  at  p.  171. 
By  crossing  the  bundles  of  thrums,  and  tying  them 
at  the  points  of  intersection,  a  kind  of  network  was 
produced,  and  we  are  informed  of  a  fringe  of  this 
description,  which  was,  moreover,  hung  with  bells.7 

1.  (Adams,  Append.,  s.  v.) — 2.  (Martyn  ad  Virg.,  Georg.,  ii.. 
189.)— 3.  (Fee,  Flore  de  Virgile,  p.  lvi.)— 4.  (Brunck,  Anal.,  i. 
416.)— 5.  (ii.,  81.)— 6.  (Brunck,  ii.,  525.— Jacobs,  &c,  ad  W 
— Pollux,  vii.,  64. — Sueton.,  Jul.,  45.) — /".  (Diod.  Sic,  xviii.,26 

443 


FISCUS 


FLABELLUM. 


With  the  progress  of  luxury  it  appears  that  the  an- 
cients manufactured  fringes  separately,  and  sewed 
them  to  the  borders  of  their  garments.  They  were 
also  made  of  gold  thread  and  other  costly  materials. 
Of  this  kind  was  the  ornament,  consisting  of  a  hun- 
dred golden  tassels,  which  surrounded  the  mythical 
shield  of  Jupiter,  the  alyU  ■O-vaavoeoaa,  and  which 
depended  from  the  girdle  of  Juno.1 

In  consequence  of  the  tendency  of  wool  to  form 
itself  into  separate  bundles  like  tassels  (■&vaav7]66vi), 
the  poets  speak  of  the  golden  fleece  as  consisting 
of  them  ;3  and  Cicero,  declaiming  against  the  ef- 
feminacy of  Gabinius,  applies  the  same  expression 
to  his  curling  locks  of  hair.4 

FI'NIUM  REGUNDO'RUM  ACTIO.  If  the 
boundaries  of  contiguous  estates  were  accidental- 
ly confused,  each  of  the  parties  interested  in  the  re- 
establishment  of  the  boundaries  might  have  an  ac- 
tion against  the  other  for  that  purpose.  This  ac- 
tion belonged  to  the  class  of  duplicia  judicia.  (Vid. 
Families  Erciscund^e  Actio.)  In  this  action  each 
party  was  bound  to  account  for  the  fruits  and  prof- 
its which  he  had  received  from  any  part  of  the  land 
which  did  not  belong  to  him,  and  also  to  account 
for  any  injury  wThich  it  had  sustained  through  his 
culpa.  Each  party  was  also  entitled  to  compensa- 
tion for  improvements  made  in  the  portion  of  land 
which  did  not  belong  to  him.5 

FISCUS.  The  following  is  Savigny's  account 
of  the  origin  and  meaning  of  this  term : 

In  the  republican  period,  the  state  was  designa- 
ted by  the  term  ^Erarium,  in  so  far  as  it  was  viewed 
with  respect  to  its  rights  of  property,  which  ulti- 
mately resolved  themselves  into  receipts  into,  and 
payments  out  of,  the  public  chest.  On  the  estab- 
lishment of  the  imperial  power,  there  was  a  division 
of  the  provinces  between  the  senate,  as  the  repre- 
sentative of  the  old  Republic,  and  the  Caesar  ;  and 
there  was,  consequently,  a  division  of  the  most  im- 
portant branches  of  public  income  and  expenditure. 
The  property  of  the  senate  retained  the  name  of 
.Erarium,  and  that  of  the  Caesar,  as  such,  received 
the  name  of  Fiscus.  The  private  property  of  the 
Caesar  (res  privata  Principis,  ratio  Ccesaris)  was 
quite  distinct  from  that  of  the  Fiscus.  The  word 
Fiscus  signified  a  wicker-basket  or  pannier,  in 
which  the  Romans  were  accustomed  to  keep  and 
carry  about  large  sums  of  money  ;'  and  hence  Fis- 
cus came  to  signify  any  person's  treasure  or  money 
chest.  The  importance  of  the  imperial  Fiscus  soon 
led  to  the  practice  of  appropriating  the  name  to  that 
property  which  the  Caesar  claimed  as  Caesar,  and 
the  word  Fiscus,  without  any  adjunct,  was  used  in 
this  sense  (res  fisci  est7).  Ultimately  the  word  came 
to  signify  generally  the  property  of  the  state,  the 
Caesar  having  concentrated  in  himself  all  the  sov- 
ereign power,  and  thus  the  word  Fiscus  finally  had 
the  same  signification  as  ^Erarium  in  the  republican 
period.  It  does  not  appear  at  what  time  the  iEra- 
rium  was  merged  in  the  Fiscus,  though  the  distinc- 
tion of  name  and  of  thing  continued  at  least  to  the 
time  of  Hadrian.  In  the  later  periods,  the  words 
/Erarium  and  Fiscus  were  often  used  indiscrimi- 
nately, but  only  in  the  sense  of  the  imperial  chest, 
for  there  was  then  no  other  public  chest.  So  long 
as  the  distinction  existed  between  the  ^Erarium  and 
the  Fiscus,  the  law  relating  to  them  severally  might 
be  expressed  by  the  terms  jus  populi  and  jus  fisci, 
as  in  Paulus,8  though  there  is  no  reason  for  apply- 
ing the  distinction  to  the  time  when  Paulus  wrote  ; 
for,  as  already  observed,  it  had  then  long  ceased. 

The  Fiscus  had  a  legal  personal  existence  ;  that 

1.  (Horn.,  II.,  ii.,  488.— lb.,  v.,  738.— lb.,  xiv.,  181.— lb.,  xvii., 
193.)— 2.  (^Elian,  H.  A.,  xvi.,  11.) -3.  (Pind.,  Pyth..  iv.,  411.— 
>.poll.  Rhod.,  iv.,  1146.)-4.  (Cic.  in  Pis.,  11.)— 5.  (Dig.  10,  tit. 
I.)— 6.  (Cic,  1  Verr.,  c.  8.— Phcedr.,  Fab.,  ii..  7.)  — 7.  (Juv., 
6at.,  iv,  54.)— 8.  (Sent.  Recept.,  v.,  12.) 
444 


is,  as  the  subject  of  certain  rights,  it  was  legally  a 
person,  by  virtue  of  the  same  fiction  of  law  which 
gave  a  personal  existence  to  corporations,  and  the 
communities  of  cities  and  villages.  But  the  Fiscus 
differed  in  many  respects  from  other  persons  exist- 
ing by  fiction  of  law ;  and,  as  an  instance,  it  was 
never  under  any  incapacity  as  to  taking  an  heredi« 
tas,  which  for  a  long  time  was  the  case  with  cor- 
porations, for  the  reason  given  by  Ulpian.  (Vid. 
Collegium.)  These  reasons  would  also  apply  to 
the  Populus  as  well  as  to  a  Municipium,  and  yet 
the  populus  is  never  alluded  to  as  being  under  such 
disability;  and,  in  fact,  it  could  not,  consistently 
with  being  the  source  of  all  rights,  be  under  any 
legal  disabilities. 

Various  officers,  as  Procuratores,  Advocati  (vid. 
Advocatus),  Patroni,  and  Praefecti,  were  employed 
in  the  administration  of  the  Fiscus.  Nerva  estab- 
lished a  Praetor  Fiscalis  to  administer  the  law  in 
matters  relating  to  the  Fiscus.  The  patrimoni- 
um,  or  private  property  of  the  Caesar,  was  adminis- 
tered by  Procuratores  Caesaris.  The  privileges  of 
the  Fiscus  were,  however,  extended  to  the  private 
property  (ratio)  of  the  Caesar,  and  of  his  wife  the 
Augusta.1 

Property  was  acquired  by  the  Fiscus  in  various 
ways,  enumerated  in  the  Digest,2  many  of  which 
may  be  arranged  under  the  head  of  penalties  and 
forfeitures.  Thus,  if  a  man  was  led  to  commit  sui- 
cide in  consequence  of  having  done  some  criminal 
act  (flagitium),  or  if  a  man  made  counterfeit  coin, 
his  property  was  forfeited  to  the  fiscus.3  The  offi- 
cers of  the  Fiscus  generally  received  information 
(nunciationes)  of  such  occurrences  from  private  in- 
dividuals, who  were  rewarded  for  their  pains.  Treas- 
ure (thesaurus)  which  was  found  in  certain  places 
was  also  subject  to  a  claim  on  the  part  of  the  Fis- 
cus. To  explain  the  rights  and  privileges  of  the 
Fiscus,  and  its  administration,  would  require  a  long 
discussion.* 

FISTULA.     (Vid.  Castellum,  Tibia.) 

FLABELLUM,  dim.  FLABELLULUM  (/SithV, 
fanuoTfjp,  dim.  finridiov),  a  Fan.  "  The  exercise  of ' 
the  fan,"  so  wittily  described  by  Addison,8  was 
wholly  unknown  to  the  ancients.  Neither  were 
their  fans  so  constructed  that  they  might  be  furled, 
unfurled,  and  fluttered,  nor  were  they  even  carried 
by  the  ladies  themselves.  They  were,  it  is  true,  of 
elegant  forms,  of  delicate  colouis  (prasino  jiabello6), 
and  sometimes  of  costly  and  splendid  materials, 
such  as  peacocks'  feathers  ;7  but  they  were  stiff 
and  of  a  fixed  shape,  and  were  held  by  female 
slaves  (flabellifercB9),  by  beautiful  boys,9  or  by  eu- 
nuchs,10 whose  duty  it  was  to  wave  them  so  as  to 
produce  a  cooling  breeze.11  A  gentleman  might, 
nevertheless,  take  the  fan  into  his  own  hand,  and 
use  it  in  fanning  a  lady  as  a  compliment.12  The 
woodcut  at  p.  225  shows  a  female  bestowing  this 
attendance  upon  her  mistress.  The  fan  which  she 
holds  is  apparently  made  of  separate  feathers  joined 
at  the  base,  and  also  united  both  by  a  thread  pass- 
ing along  their  tips,  and  by  another  stronger  thread 
tied  to  the  middle  of  the  shaft  of  each  feather.  An- 
other use  of  the  fan  was  to  drive  away  flies  from 
living  persons,  and  from  articles  of  food  which  were 
either  placed  upon  the  table  or  offered  in  sacrifice. 

1.  (Dig.  49,  tit.  14,  s.  6.)— 2.  (49,  tit.  14.  s.  1.)— 3.  (Paulus, 
Sent.  Recept.,  v.,  12.)— 4.  (Dig.  49,  tit.  14:  "  De  Jure  Fisci." 
— Cod.  x.,  1. — Cod.  Theod.,  x.,  1. — Paulus,  Sent.  Recept.,  v., 
12. — Savigny,  System  des  heut.  Rom.  R.,  vol.  ii.—"  Fragment- 
urn  veteris  jurisconsulti  de  Jure  Fisci,"  printed  in  Gceschen's 
edition  of  Gaius. — Savigny,  "  Neu  entdeckte  Quellen  des  Rom 
R.,»  Zeitschrift,  iii.)— 5.  (Spect.,  No.  102.)— 6.  (Mart.,  iii.,  40.) 
7.  (Propert.,  ii.,  15.) — 8.  (Philemon,  as  translated  by  Plautus 
Trinumm.,  ii.,  1,  22.)— 9.  (Strato,  Epig.,  22.)— 10.  (Eurip., 
Orest.,  1408-1412.  —  Menander,  p.  175,  ed.  Meineke,  and  aa 
translated  by  Terence,  Eun.,  iii.,  5,  45-54.)— 11.  (Brunck,  An«lw 
ii.,  92.)— 12.  (Ovid,  A.  A.,  i.,  161— Amor.,  iii.,  %  38.) 


FLAGRUM. 


FLAMEN. 


When  intended  for  a  fly-flapper,  it  was  less  stiff, 
and  was  called  muscarium,1  and  fivioo667}.3  In 
short,  the  manner  of  using  fans  was  precisely  that 
which  is  still  practised  in  China,  India,  and  other 
parts  of  the  East  ;  and  Euripides  says3  that  the 
Greeks  derived  their  knowledge  of  them  from  "  bar- 
barous" countries.  The  Emperor  Augustus  had  a 
slave  to  fan  him  during  his  sleep,*  for  the  use  of 
tans  was  not  confined  to  females. 

Besides  separate  feathers,  the  ancient  fan  was 
sometimes  made  of  linen,  extended  upon  a  light 
frame.5  From  the  above-cited  passage  of  Euripi- 
des and  the  ancient  scholia  upon  it,  compared  with 
representations  of  the  flabellum  in  ancient  paintings, 
it  also  appears  to  have  been  made  by  placing  the 
two  wings  of  a  bird  back  to  back,  fastening  them 
together  in  this  position,  and  attaching  a  handle  at 
the  base.6 

A  more  homely  application  of  the  fan  was  its  use 
in  cookery  (vid.  Focus).  In  a  painting  which  repre- 
sents a  sacrifice  to  Isis,7  a  priest  is  seen  fanning 
the  fire  upon  the  altar  with  a  triangular  flabellum, 
such  as  is  still  used  in  Italy.  This  practice  gave 
origin  among  classical  writers  to  expressions  cor- 
responding to  ours,  meaning  to  fan  the  flame  of 
hope,9  of  love  {frnzi&iv'*),  or  of  sedition.10 

FLAGRUM,  dim.  FLAGELLUM  (fiuor^),  a 
Whip,  a  Scourge,  to  the  handle  of  which  was  fixed 
a  lash  made  of  cords  (funibus11)  or  thongs  of  leather 
(loris  ;12  (jkvtivo,13),  especially  thongs  made  from  the 
ox's  hide  (bubulis  exuviis1*).  The  lash  was  often 
twisted.15  A  wThip  with  a  single  lash  was  called 
scutica  ;16  but  it  often  had  two  lashes  (Xiyvpd  fxdari- 
yi  &71-A7717),  and  is  so  represented  on  various  ancient 
monuments.     (Vid.  woodcut,  p.  66.) 

The  whip  was  used  in  a  great  variety  of  ways  : 
1.  by  boys  in  whipping  the  top  (vid.  Buxum)  ;  2.  in 
threshing  corn,  wrhen  it  was  formed  as  a  flail  (per- 
ticis  jlagcllatur16) ;  3.  in  driving  a  chariot,19  or  riding 
on  horseback.30  For  this  purpose  the  whip  was 
sometimes  splendidly  ornamented  ((paeivf/21).  As  a 
check  to  the  cruel  treatment  of  animals,  Constan- 
>ine  enacted  a  law  forbidding  any  one  in  riding  and 
driving  to  use  a  severer  instrument  than  a  switch  or 
whip  with  a  short  point  or  spur  at  the  end.22  4.  In 
Spartan  and  Roman  education.23  The  weapon  of 
the  Roman  pedagogue  was  an  eel's  skin,  and  was 
therefore  called  anguilla.**  5.  In  compelling  soldiers 
to  fight  under  Asiatic  monarchs.25  6.  In  gratifying 
private  resentment 26  7.  In  punishing  criminals,27 
especially  before  crucifixion.  (Vid.  Crux.)  8.  In 
punishing  slaves  for  running  away28  or  deserting  to 
the  enemy,29  or  merely  to  gratify  the  caprice  and 
cruelty  of  their  owners.  Thus  females  were  pun- 
ished by  their  mistresses.30  The  whip  used  to  pun- 
ish slaves  was  a  dreadful  instrument  (horribile  fla- 
gellum31),  knotted  with  bones,  or  heavy,  indented 
circles  of  bronze  (aorpayaXur^32),  or  terminated  by 
hooks,  in  which  case  it  was  aptly  denominated  a 
scorpion.33     The  infliction  of  punishment  with  it 

1  (Mart.,  xiv.,  67.) — 2.  (Menander,  p.  175. — .<Elian,  H.  A., 
<v.,  14.— Brunck,  Anal.,  ii.,  388.-1(1.  ib.,  iii.,  92.)— 3.  (1.  c.)— 
i.  (Sueton.,  Octav.,  82.)  —  5.  (Strato,  1.  c.)  —  6.  (Vid.  also 
Brunck,  Anal  ii.,  258,  ilrepivav  pnrtfia.) — 7.  (Ant.  d'Ercolano, 
i.,  60.)— 8.  (Alciph.,  iii.,  47.)— 9.  (Brunck.,  Anal.,  ii.,  306.)— 
9.  (Aristoph.,  Ran.,  360.— Cic,  Pro  Flacc,  23.)— 11.  (Hor., 
Epod.,  ir.,  3.— John,  ii.,  15.)— 12.  (Hor.,  Epist.,  i.,  16,  47.)— 13. 
(Anacr.,  p.  357,  ed.  Fischer.)— 14.  (Plaut.,  Most.,  iv.,  1,  26.)— 
15.  (Val.  Flscc  viii.,  20.)— 16.  (Hor.,  Sat.,  i.,  3,  119.)— 17. 
(Sj;h.,  Ajax,  241.)— 18.  (Plin.,  H.  N.,  xviii.,  30.— Hieron.  in 
Isa.,  xxviii.,27.) — 19.  (Horn.,  II.,  passim.— Mart.,  xiv.,  55.)— 20. 
(Xen.,  De  Re  Equestr.,  viii.,  4.— Id.  ib.,  x.,  1.)— 21.  (Horn.,  11., 
x.,  500.  — Id.  ib.,  xix.,  395.)  — 22.  (Cod.  Theodos.,  ii.)  — 23. 
(Xen,  De  Lac.  Rep.,  ii.,  2.— Mart.,  x.,  61.)— 24.  (Plin.,  H.  N., 
ix.,  39.— Isid.,  Orig.,  v.,  27.)— 25.  (Herod.,  vii.,  22,  56,  103,  223. 
—Xen.,  Anab.,  iii.,  4,  t)  25.)— 26.  (CatulL,  xxi.,  12.— Val.  Max., 
vi.,  1,  13.)— 27.  (Xen.,  Hell.,  iii.,  3, 11.)— 28.  (Xen.,  Cyrop.,  i., 
4,  13.)— 29.  (Aristoph.,  Pac.,  451.)— 30.  (Juv.,  vi.,  382.)— 31. 
(Hor.,  1.  c.)— 32.  (Athen  ,  iv.,  38.)— 33.  (Isid.,  1.  c— 2  Chrou., 
r     11  \ 


upon  the  naked  back  of  the  sufferer1  was  sometimes 
fatal,3  and  was  carried  into  execution  by  a  class  of 
persons,  themselves  slaves,  who  wrere  called  lorarii. 
It  appears  that  there  was  another  class,  who  sub- 
mitted to  be  thus  whipped  for  hire.3  A  slave  who 
had  been  flogged  was  called  flagrio  (f+aoTtytzc*), 
which,  of  course,  became  a  term  of  mockery  and 
contempt.  During  the  Saturnalia  the  scourge  was 
deposited  under  the  seal  of  the  master.5  9.  In  the 
contests  of  gladiators,6  two  of  whom  seem  to  be 
represented  on  the  coin  here  introduced.  ( Vid. 
woodcut.)     10.  In  the  worship  of  Cybele,  whose 


priests  pretended  to  propitiate  her,  and  excited  the 
compassion  and  reverence  of  the  multitude  by  flog- 
ging themselves  with  scourges  such  as  that  here 
represented,  from  a  bas-relief  of  this  goddess  in  the 
museum  of  the  Capitol  at  Rome.  They  were  strung 
with  tali  (aarpayaAoi)  from  the  feet  of  sheep,7  and 
resembled  the  scourges  employed  to  punish  slaves. 
11.  In  the  hands  of  Bellona  and  the  Furies.8 

FLAMEN,  the  name  for  any  Roman  priest  who 
was  devoted  to  the  service  of  one  particular  god 

(DlVISQUE  ALUS  ALII    SACERDOTES,  OMNIBUS    PONTIFI- 

ces,  singulis  flamines  sunto9),  and  who  received 
a  distinguishing  epithet  from  the  deity  to  whom  he 
ministered.  (Horum,  sc.  flaminum,  singuli  cogno- 
mina  habent  ab  to  deo  quoi  sacra  faciunt.10)  The  most 
dignified  were  those  attached  to  Diiovis,  Mars,  and 
Quirinus,  the  Flamen  Dialis,  Flamen  Martialis,  and 
Flamen  Quirinalis.  The  first  two  are  said  by  Plu- 
tarch11 to  have  been  established  by  Romulus ;  but 
the  greater  number  of  authorities  agree  in  referring 
the  institution  of  the  whole  three,  in  common  with 
all  other  matters  connected  with  state  religion,  to 
Nurna.12  The  number  was  eventually  increased  to 
fifteen  :13  the  three  original  flamens  were  always 
chosen  from  among  the  patricians,  and  styled  Ma- 
jores  ;14  the  rest  from  the  plebeians,  with  the  epithet 
Minores.1*  Two  rude  lines  of  Ennius16  preserve  the 
names  of  six  of  these,  appointed,  says  the  poet,  bv 
Numa: 

"  Volturnalcm,  Palatualem,  Furinalcm, 
Floralemque,  Falacrem  et  Pomonalem  fecit 
Hie  idem " 

to  which  we  may  add  the  Flamen  Volcanalis17  and 
the  Flamen  Carmentalis.1*  We  find  in  books  of  an- 
tiquities mention  made  of  the  Virbialis,  Laurentialis, 
Lavinalis,  and  Lucullaris,  which  would  complete 
the  list ;  but  there  is  nothing  to  prove  that  these 
four  were  Roman,  and  not  merely  provincial  priests. 
It  is  generally  stated,  upon  the  authority  of  Aulus 
Gellius,19  that  the  flamens  were  elected  at  the  Com- 


I.  (Juv.,  1.  c.)— 2.  (Hor.,  Sat.,  i.,  2,  41.)— 3.  (Festus,  s.  v. 

Flagratores.) — 4.  (Philemon,  p.  415,  ed.  Mein. — Aristoph.,  Ran., 
«;no T?«.-.;f      loos;   T  .«.     lo/io       u  a.t~„»:_:„  .»  t>i * 


r  ittgraiures.; — *.  (rmiemon,  p.  iid,  eu.  mem. — _ 

502.— Equit.,  1225.— Lys.,  1242.—"  Mastigia :"  Plautus,  passim. 

— Ter.,  Adelph.,  v.,  2,  6.)— 5.  (Mart.,  xiv.,  79.)— 6.  (Tertull., 

Apoll.,  21.)— 7.  (Apul.,  Met.,  viii.)— 8.  (Virg.,  JEn.,  ri.,  570.— 
«(Jnr,m,;n«/,fl^^Jin.'i  ,.;;;      mo       •\r„i     tm„ 


oaiigumeu  uugeuu  .  vjii.,  ivo. —  vai.  riacc,  i.e.; — ».  v^ic^ 
)e  Leg.,  ii.,  8.)  —  10.  (Varro,  De  Ling.  Lat.,  v.,  84.)  —  11. 
Num.,  7.)— 12.  (Liv.,  i.,  20.— Dionys.,  ii.,  64,  &c.)— 13.  (Fest., 
s.  v.  "Maximae  dignationis.") — 14.  (Gaius,  i.,  112.) — 15.  (Fesl., 
s.  v.  "  Majores  Flamines.") — 16.  (Varro,  De  Ling.  Lat.,  vii.,  44.) 
—  17.  (Varro,  De  Ling  Lat.,  v.,  84.)— 18.  (Cic,  Brut.,  14 )— 19 
(xv„  27.) 


FLAMEN. 


FLAMEN. 


tia  Curiata,  and  this  was  doubtless  the  case  in  the 
earlier  times  ;  bat,  upon  examining  the  passage  in 
question,  it  will  be  seen  that  the  grammarian  speaks 
of  their  induction  into  office  only,  and  therefore  we 
may  conclude  that  subsequently  to  the  passing  of 
the  Lex  Domitia  they  were  chosen  in  the  Comitia 
Tributa,  especially  since  so  many  of  them  were 
plebeians.  After  being  nominated  by  the  people, 
they  were  received  (capti)  and  installed  (inaugura- 
bantur)  by  the  Pontifex  Maximus,1  to  whose  author- 
ity they  were  at  all  times  subject.3 

The  office  was  understood  to  last  for  life  ;  but  a 
flamen  might  be  compelled  to  resign  (fiaminio  abire) 
for  a  breach  of  duty,  or  even  on  account  of  the  oc- 
currence of  an  ill-omened  accident  while  dischar- 
ging his  functions.3 

Their  characteristic  dress  was  the  apex  (vid. 
Apex),  the  l<zna  (vid.  Ljena),  and  a  laurel  wreath. 
The  name,  according  to  Varro  and  Festus,  was  de- 
rived from  the  band  of  white  wool  (filum,  filamcn, 
flamen)  which  was  wrapped  round  the  apex,  and 
which  they  wore,  without  the  apex,  when  the  heat 
was  oppressive.*  This  etymology  is  more  reason- 
able than  the  transformation  oi  pileamines  (from  pi- 
leus)  into  Jlamines.5  The  most  distinguished  of  all 
the  flamens  was  the  Dialis ;  the  lowest  in  rank  the 
Pomonalis.6 

The  former  enjoyed  many  peculiar  honours. 
When  a  vacancy  occurred,  three  persons  of  patri- 
cian descent,  whose  parents  had  been  married  ac- 
cording to  the  ceremonies  of  confarreatio  (vid.  Mar- 
riage), were  nominated  by  the  Comitia,  one  of 
whom  was  selected  (captus),  and  consecrated  (in- 
augurabatur)  by  the  Pontifex  Maximus.7  From 
that  time  forward  he  was  emancipated  from  the 
control  of  his  father,  and  became  sui  juris.3  He 
alone,  of  all  priests,  wore  the  albogalcrus  (vid.  Albus 
Galerus9)  ;  he  had  a  right  to  a  lictor,10  to  the  toga 
yiratexta,  the  sella  curulis,  and  to  a  seat  in  the  sen- 
ate in  virtue  of  his  office.  This  last  privilege,  after 
having  been  suffered  to  fall  into  disuse  for  a  long 
period,  was  asserted  by  C.  Valerius  Flaccus  (B.C. 
209),  and  the  claim  allowed,  more,  however,  says 
Livy,  in  deference  to  his  high  personal  character 
than  from  a  conviction  of  the  justice  of  the  de- 
mand.11 The  Rex  Sacrificulus  alone  was  entitled  to 
recline  above  him  at  a  banquet :  if  one  in  bonds 
took  refuge  in  his  house,  the  chains  were  immedi- 
ately struck  off,  and  conveyed  through  the  impluviurn 
to  the  roof,  and  thence  cast  down  into  the  street  :la 
if  a  criminal  on  his  way  to  punishment  met  him, 
and  fell  suppliant  at  his  feet,  he  was  respited  for 
that  day  ;13  usages  which  remind  us  of  the  right  of 
sanctuary  attached  to  the  persons  and  dwellings  of 
the  papal  cardinals. 

To  counterbalance  these  high  honours,  the  Dialis 
was  subjected  to  a  multitude  of  restrictions  and 
privations,  a  long  catalogue  of  which  has  been  com- 
piled by  Aulus  Gellius1*  from  the  works  of  Fabius 
Pictor  and  Masurius  Sabinus,  while  Plutarch,  in  his 
Roman  Questions,  endeavours  to  explain  their  im- 
port.    Among  these  were  the  following  : 

It  was  unlawful  for  him  to  be  out  of  the  city  for 
a  single  night  ;15  a  regulation  which  seems  to  have 
been  modified  by  Augustus,  in  so  far  that  an  ab- 
sence of  two  nights  was  permitted  ;16  and  he  was 
forbidden  to  sleep  out  of  his  own  bed  for  three  nights 
consecutively.     Thus  it  was  impossible  for  him  to 


1.  (Liv.,  xxvii.,  8.- 
(Liv.,  Ep:t.,  xix. — ] 
(Val.  Max.,  I.,  i.,  4.) 
(Plutaivb,  Num.,  7, 
7.  (Tacit.,  Ann.,  iv. 
Ulpian,  Frag.,  ix.,  5. 
x.,15.)— 10.  (Plut.,' 
8. —  Compare  i.,  20. 
x.,  15.— Plut.,  Q.  R. 
16.  (Tacit. ,  Ann.,  ii: 
AAR 


446 


—Id.,  xxix.,  38.— Val.  Max.,  VI.,  ix.,  3.)— 2. 
Id.,  xxxvii.,  51.— Val.  Max.,  I.,  i.,  2.)— 3. 
)— 4.  (Serv.  ad  Virg.,  JEn.,  viii.,  664.)— 5. 
'.) — 6.  (Festus,  s.  v.  Maxim*  dignationis.) — 
.,  16. — Liv.,  xxvii.,  8.) — 8.  (Gaius,  i.,  130. — 
— Tacit.,  Ann.,  iv.,  16.) — 9.  (Varro  ap.  Gell., 
Q.  It.,  p.  119,  ed.  Reiske.) — 11.  (Liv.,  xxvii., 
)— 12.  (Aul.  Gell.,  x.,  15.)— 13.  (Aul.  Gell., 
.,  p.  166.)— 14.  (x.,15.)— 15.  (Liv.,  v.,  52.)— 
1.58,71  ) 


undertake  the  government  of  a  province.  Ht  might 
not  mount  upon  horseback,  nor  even  touch  a  norse, 
nor  look  upon  an  army  marshalled  without  the  po- 
mcerium,  and  hence  was  seldom  elected  to  the  con- 
sulship. Indeed,  it  would  seem  that  originally  he 
was  altogether  precluded  from  seeking  or  accepting 
any  civil  magistracy  ;x  but  this  last  prohibition  was 
certainly  not  enforced  in  later  times.  The  objecJ 
of  the  above  rules  was  manifestly  to  make  him  lit- 
erally Jovi  adsiduum  sacerdolem ;  to  compel  constanl 
attention  to  the  duties  of  the  priesthood  ;  to  leave 
him  in  a  great  measure  without  any  temptation  to 
neglect  them.  The  origin  of  the  superstitions  which 
we  shall  next  enumerate  is  not  so  clear,  but  the  cu- 
rious will  find  abundance  of  speculation  in  Plu- 
tarch,3 Festus,3  and  Pliny.*  He  was  not  allowed 
to  swear  an  oath,  nor  to  wear  a  ring  "  nisi  pervio  el 
casso"  that  is,  as  they  explain  it,  unless  plain  and 
without  stones  ;5  nor  to  strip  himself  naked  in  the 
open  air,  nor  to  go  out  without  his  proper  headdress, 
nor  to  have  a  knot  in  any  part  of  his  attire,  nor  to 
walk  along  a  path  overcanopied  by  vines.  He  might 
not  touch  flour,  nor  leaven,  nor  leavened  bread,  nor 
a  dead  body ;  he  might  not  enter  a  bus  turn  (vid. 
Bustum),  but  was  not  prevented  from  attending  a 
funeral.  He  was  forbidden  either  to  touch  or  to 
name  a  dog,  a  she-goat,  ivy,  beans,  or  raw  flesh. 
None  but  a  free  man  might  cut  his  hair ;  the  clip- 
pings of  which,  together  with  the  parings  of  his 
nails,  were  buried  beneath  afclix  arbor.  No  one 
might  sleep  in  his  bed,  .the  legs  of  which  were 
smeared  with  fine  clay  ;  and  it  was  unlawful  to 
place  a  box  containing  sacrificial  cakes  in  contact 
with  the  bedstead. 

Flaminica  was  the  name  given  to  the  wife  of  the 
dialis.  He  was  required  to  wed  a  virgin  according 
to  the  ceremonies  of  confarreatio,  which  regulation 
also  applied  to  the  two  other  flamines  majores  ;s 
and  he  could  not  marry  a  second  time.  Hence, 
since  her  assistance  was  essential  in  the  perform- 
ance of  certain  ordinances,  a  divorce  was  not  per- 
mitted, and  if  she  died  the  dialis  was  obliged  to  re- 
sign. The  restrictions  imposed  upon  the  flaminica 
were  similar  to  those  by  which  her  husband  was 
fettered.7  Her  dress  consisted  of  a  dyed  robe  (ve- 
nenato  operitur) ;  her  hair  was  plaited  up  with  a 
purple  band  in  a  conical  form  (tutulum) ;  and  she 
wore  a  small  square  cloak  with  a  border  va),  to 
which  was  attached  a  slip  cut  from  a  Jeh  i  arbor.9 
It  is  difficult  to  determine  what  the  rica  realty  was  ; 
whether  a  short  cloak,  as  appears  most  probable,  or 
a  napkin  thrown  over  the  head.  She  was  proh;j?it- 
ed  from  mounting  a  staircase  consisting  of  more 
than  three  steps  (the  text  of  Aulus  Gellius  is  uncer- 
tain, but  the  object  must  have  been  to  prevent 
her  ankles  from  being  seen) ;  and  when  she  went 
to  the  argei  (vid.  Argei),  she  neither  combed  nor 
arranged  her  hair.  On  each  of  the  nundinas  a  ram 
was  sacrificed  to  Jupiter  in  the  regia  by  the  flamin- 
ica.9 

After  the  death  of  the  flamen  Merula,  who  was 
chosen  consul  suffectus  on  the  expulsion  of  Cinna,10 
and  who,  upon  the  restoration  of  the  Marian  faction, 
shed  his  own  blood  in  the  sanctuary  (B.C.  87),  calling 
down  curses  on  his  enemies  with  his  dying  breath,11 
the  priesthood  remained  vacant  until  the  consecra- 
tion of  Servius  Maluginensis  (B.C.  11)  by  Augustus, 
then  Pontifex  Maximus.  Julius  Caesar  had,  indeed, 
been  nominated  in  his  17th  year,  but  was  never  in- 
stalled ;  and  during  the  whole  of  the  above  period, 


1.  (Plut.,Q.  R.,  p.  169.)— 2.  (Q.  R.,  p.  114,  118,  164-170.)- 
3.  (  s.  v.  Edera  and  Equo.) — 4.  (H.  N.,  xviii.,  30. — II).,  xxviii., 
40.) — 5.  (Kirchmann,  De  Annulis,  p.  14.) — 6.  (Serv.  ad  Virg., 
JEn.,  iv.,  104,  374.— Gaius,  i.,  112.)— 7.  (Aul.  Gell.,  x.,  15.)— 8 
(Fest.,  s.  v.  Tutulum,  Rica.  —  Varro,  De  Ling.  Lat.,  viL,  44.) 
—9.  (Macrob.,  i.,  16.)— 10.  (Velleius,  ii.,  20.— Val.  Max.  IX. 
xii.,  5.)— 11.  (Velleius,  ii.,  22.) 


FLORALIA. 


FOCUS 


tne  dutie.3  of  the  office  were  discharged  by  the  Pon- 
tifex  Maximus.1 

The  municipal  towns  also  had  their  flamens. 
Thus  the  celebrated  affray  between  Milo  and  Clo- 
dius  took  place  while  the  former  was  on  his  way  to 
Lanuvium,  of  which  he  was  then  dictator,  to  de- 
clare the  election  of  a  flamen  (adflaminem  proden- 
ium).  After  the  deification  of  the  emperors,  fla- 
mens were  appointed  to  superintend  their  worship 
in  Home  and  in  all  the  provinces  ;  and  we  find  con- 
stantly in  inscriptions  such  titles  as  Flamex  Augus- 
talis  ;  Flamen  Tiberii  C^esaris  ;  Flamen  D.  Ju- 
lii,  &c.,  and  sometimes  Flamen  Divorum  Omnium 
<sc.  imperatorum). 

Flaminia,  according  to  Festus  and  Aulus  Gel- 
lius,2  was  the  house  of  the  Flamen  Dialis,  from 
which  it  was  unlawful  to  carry  out  fire  except  for 
sacred  purposes* 

Flaminia,  according  to  Festus,  was  also  a  name 
given  to  a  little  priestess  (saccrdotula),  who  assisted 
the  ftaminica  in  her  duties. 


COIN   OF    FLAMEN    MARTIALIS.8 

FLAMMEUM.     (Vid.  Marriage.) 

FLORA'LIA,  or  Florales  Ludi,  a  festival  which 
was  celebrated  at  Rome  in  honour  of  Flora  or  Chlo- 
ris.  It  was  solemnized  during  five  days,  beginning 
on  the  28th  of  April  and  ending  on  the  2d  of  May.* 
It  was  said  to  have  been  instituted  at  Rome  in  238 
B.C.,  at  the  command  of  an  oracle  in  the  Sibylline 
Books,  for  the  purpose  of  obtaining  from  the  god- 
dess the  protection  of  the  blossoms  (ut  omnia  bene 
defloresccrent5).  Some  time  after  its  institution  at 
Rome  its  celebration  was  discontinued  ;  but  in  the 
consulship  of  L.  Postumius  Albinus  and  M.  Popil- 
ius  Laenas  (173  B.C.),  it  was  restored,  at  the  com- 
mand of  the  senate,  by  the  sedile  C.  Servilius,6  as 
the  blossoms  in  that  year  had  severely  suffered  from 
vvinds,  hail,  and  rain.  The  celebration  was,  as 
lsual,  conducted  by  the  aediles,7  and  was  carried 
on  witn  excessive  merriment,  drinking,  and  lasciv- 
ious games.8  From  Valerius  Maximus  we  learn  that 
theatrical  and  mimic  representations  formed  a  prin- 
cipal part  of  the  various  amusements,  and  that  it 
was  customary  for  the  assembled  people  on  this  oc- 
casion to  demand  the  female  actors  to  appear  naked 
upon  the  stage,  and  to  amuse  the  multitude  with 
their  indecent  gestures  and  dances.  This  indecen- 
cy is  probably  the  only  ground  on  which  the  absurd 
story  of  its  origin,  related  by  Lactantius,9  is  found- 
ed. Similar  festivals,  chiefly  in  spring  and  autumn, 
are  in  southern  countries  seasons  for  rejoicing,  and, 
as  it  were,  called  forth  by  the  season  of  the  year 
itself,  without  any  distinct  connexion  with  any  par- 
ticular divinity  ;  they  are  to  this  day  very  popular  in 
Italy,10  and  in  ancient  times  we  find  them  celebrated 
from  the  southern  to  the  northern  extremity  of  Ita- 

1.  (Suet.,  Jul.,  c.  1,  compared  with  Velleius,  ii.,  43,  and  the 
commentators.  See  also  Suet.,  Octav.,  31. — Dion  Cass.,  liv.,  36 
— Tacit.,  Ann.,  iii.,  58.  The  last-quoted  historian,  if  the  text 
be  correct,  states  that  the  interruption  lasted  for  72  years  only. 
— 2.  (x.,  15.) — 3.  (See  Spanheirn,  De  Priest,  et  Usu  Numism.,  i., 
p.  85.)— 4.  (Ovid,  Fast.,  v.,  185.— Plin.,  H.  N.,  xviii.,  29.)— 5. 
Plin.,1.  c— Compare  Velleius,  i.,  14. — Varro,  De  Re  Rust.,  i., 
1.)— 6.  (Eckhel,  De  Num.  Vet.,  v.,  p.  308.— Compare  Ovid,  Fast., 
v.,  329,  &c.)— 7.  (Cic.  in  Verr.,  v.,  14.— Val.  Max.,  ii.,  10,  8.— 
Eckhel,  1.  c.)— 8.  (Martial,  i.,  3.— Senec.  Epist.,  96.)— 9.  (In- 
ftit.,  i.,  20.)— 10.  (Voss.  ad  Virg.,  Georg.,  ii.,  385.) 


ly.1  (Vid.  Anthesphoria.)  The  Floralia  wjre  or* 
ginally  festivals  of  the  country  people,  which  were 
afterward,  in  Italy  as  in  Greece,  introduced  into  the 
towns,  where  they  naturally  assumed  a  more  dis- 
solute and  licentious  character,  while  the  country 
people  continued  to  celebrate  them  in  their  old  and 
merry,  but  innocent  manner.  And  it  is  highly  prob- 
able that  such  festivals  did  not  become  connected 
with  the  worship  of  any  particular  deity  until  a  com- 
paratively late  period.2  This  would  account  for  the 
late  introduction  of  the  Floralia  at  Rome,  as  well 
as  for  the  manner  in  which  we  find  them  celebra- 
ted there.3 

#FOCA'LE,  a  covering  for  the  ears  and  neck 
made  of  wool,  and  worn  by  infirm  and  delicate  per 
sons.* 

FOCUS,  dim.  FO'CULUS  (earia  :  hxdpa,  koXa- 
pcg,  dim.  eajapiov),  a  fireplace,  a  hearth,  a  brazier. 
The  fireplace,  considered  as  the  highest  member 
of  an  altar,  is  described  under  Ara,  p.  77.  Used  by 
itself,  it  possessed  the  same  sacred  character,  being, 
among  the  Romans,  dedicated  to  the  Lares  of  each 
family.5  It  was,  nevertheless,  made  subservient  to 
all  the  requirements  of  ordinary  life.6  It  was  some- 
times constructed  of  stone  or  brick,  in  which  case 
it  was  elevated  only  a  few  inches  above  the  ground, 
and  remained  on  the  same  spot ;  but  it  was  also 
frequently  made  of  bronze,  and  it  was  then  various- 
ly ornamented,  and  was  carried  continually  from 
place  to  place.  This  movable  hearth  or  brazier 
was  properly  called  foculus  and  eaxdpa.  One  is 
shown  at  p.  148.  Another,  found  at  Care  in  Etru- 
ria,  and  preserved  in  the  British  Museum,  is  repre- 
sented in  the  annexed  woodcut. 


In  Aristophanes7  persons  ate  told  "to  bring  th 
brazier  and  the  fan."  (Vid.  Flabellum.)  When  a 
brazier  was  brought  to  Alexander  the  Great,  scant- 
ily supplied  with  fuel  in  very  cold  weather,  he 
requested  to  have  either  wood  or  frankincense,  giv- 
ing his  host  the  option  of  treating  him  either  as  a 
man  or  a  god.8  In  the  time  of  the  Roman  emper- 
ors, the  brazier  of  burning  charcoal  was  sometimes 
brought  to  table  with  the  meat  for  the  purpose  of 
keeping  it  hot,  so  that,  as  Seneca  says,  the  kitchen 
accompanied  the  dinner. 

In  accordance  with  the  sentiments  of  veneration 
with  which  the  domestic  fireplace  was  regarded, 
we  find  that  the  exercise  of  hospitality  was  at  the 
same  time  an  act  of  religious  worship.  Thus  the 
roasting  of  a  hog  in  the  cottage  of  the  swineherd 
in  the  Odyssey9  is  described  as  a  sacrifice.  To 
swear  "  by  the  royal  hearth"  was  the  most  sacred 
oath  among  the  Scythians.10  Suppliants,  strangers, 
all  who  sought  for  mercy  and  favour,  had  recourse 
to  the  domestic  hearth  as  to  an  altar.11   The  phrase 

1.  (Compare  Justin,  xliii.,  4.) — 2.  (Buttman,  Mythologus,  ii., 
p.  54.) — 3.  (Spanheirn,  D%  Preest.  et  Usu  Numism.,  ii.,  p.  145. 
&c.)  — 4.  (Hor.,  Sat.,  ii.,  3,  255.— Sen.,  Qu.  Nat.,  iv.,  13.— 
Quintil.,  xi.,  3,  144.— Mart.,  1,  121.— Id.,  xiv.,  142.)— 5.  (Plaut., 
Aul.,  ii.,  8,  16.— Cato,  De  Re  Rust.,  15.— Ovid,  Fast.,  ii.,  589, 
611.— lb.,  iii.,  423.— Juv.,  xii.,  85-95.)— 6.  (Hor.,  Epoch,  ii.,  43. 
— Epist.,  i.,  5,  7. — Ovid,  Met.,  viii.,  673. — Sen..  De  Cons,  ad 
Alb.,  1.)— 7.  (Acharn.,  888.)— 8.  (Plut.,  Apoph.  Reg.,  vol.  i.,  p. 
717,  ed.  Wytten. — Diod.  Sic,  xviii.,  61. — Polysn.,  Strat.,  iv.,  8. 
—Id.  ib.,  viii.,  32.— Cato,  De  Re  Rust.,  11.— Virg.,  JEn.,  xii.. 
118,  285.— Servius  ad  11.— Cic,  Pro  Dom.,  47.— Tertull..  Apol. 
9.)—  9.  (xiv.,  418^38.)— 10.  (Herod.,  iv.,  68.)— 11.  (Horn.,  Od 
vii.,  153-169.— Apoll.  Rhod.,  iv.,  693.) 

447 


TCEDERATJE  CIVITATES. 


F0LL1S. 


*  pro  axis  et  focis"  was  used  to  express  attachment 
to  all  that  was  most  dear  and  venerable.1 

Among  the  Romans  the  focus  was  placed  in  the 
Atrium,  which,  in  primitive  times,  was  their  kitch- 
en and  dining-room.2  There  it  remained,  as  we 
Bee  in  numerous  examples  at  Pompeii,  even  after 
the  progress  of  refinement  had  led  to  the  use  of  an- 
other part  of  the  house  for  culinary  purposes.  On 
festivals  the  housewife  decorated  the  hearth  with 
garlands  ;3  a  woollen  fillet  was  sometimes  added.* 
In  farmhouses,  the  servants,  who  were  often  very 
numerous,  were  always  disposed  for  the  purpose 
of  taking  their  meals  around  the  hearth.5 

The  focus,  though  commonly  square,  admitted  pf 
a  great  variety  of  forms  and  ornaments.  At  Pharae, 
in  Achaia,  a  marble  hearth  was  placed  before  a 
statue  of  Mercury  in  the  Forum,  having  bronze 
lamps  fastened  to  it  with  lead.6  To  adapt  the  focus 
to  culinary  purposes,  a  gridiron,  supported  by  four 
feet,  was  placed  over  the  fire,  so  as  to  hold  pots 
and  pans  as  well  as  steaks,  chops,  and  other  pieces 
of  meat  which  were  to  be  roasted.7  Some  of  the 
braziers  found  at  Pompeii  also  include  contrivances 
for  boiling  water. 

FCEDERATvE  CIVITATES,  FCEDERATI, 
SO'CII.  In  the  seventh  century  of  Rome  these 
names  expressed  those  Italian  states  which  were 
connected  with  Rome  by  a  treaty  (fosdus).  These 
names  did  not  include  Roman  colonies  or  Latin 
colonies,  or  any  place  which  had  obtained  the  Ro- 
man civitas.  Among  the  foederati  were  the  Latini, 
who  were  the  most  nearly  related  to  the  Romans,* 
and  were  designated  by  this  distinctive  name  ;  the 
rest  of  the  foederati  were  comprised  under  the  col- 
lective name  of  Socii  or  Foederati.  They  were  in- 
dependent states,  yet  under  a  general  liability  to 
furnish  a  contingent  to  the  Roman  army.  Thus 
they  contributed  to  increase  the  power  of  Rome, 
but  they  had  not  the  privileges  of  Roman  citizens. 
The  relations  of  any  particular  federate  state  to 
Rome  might  have  some  peculiarities,  but  the  gen- 
eral relation  was  that  expressed  above ;  a  kind  of 
condition,  inconsistent  with  the  sovereignty  of  the 
federates,  and  the  first  stage  towards  unconditional 
submission.  The  discontent  among  the  foederati, 
and  their  claims  to  be  admitted  to  the  privileges  of 
Roman  citizens,  led  to  the  Social  War.  The  Julia 
lex  (B.C.  90)  gave  the  civitas  to  the  Socii  and 
Lateni ;  and  a  lex  of  the  following  year  contained, 
among  other  provisions,  one  for  the  admission  to 
the  Roman  civitas  of  those  peregrini  who  were 
entered  on  the  lists  of  the  citizens  of  federate  states, 
and  who  complied  with  the  provisions  of  the  lex. 
(Vid.  Civitas.)  It  appears,  however,  that  this  lex 
Julia,  and  probably  also  the  lex  of  the  following 
year,  contained  a  condition  that  ^he  federate  state 
should  consent  to  accept  what  the  leges  offered, 
or,  as  it  was  technically  expressed,  "  populus  fundus 
Seret."8  Those  who  did  not  become  fundi  populi 
did  not  obtain  the  civitas.  Balbus,  the  client  of 
Cicero,  was  a  citizen  of  Gades,  a  federate  town  in 
Spain.  Pompey  had  conferred  the  Roman  civitas 
on  Balbus,  by  virtue  of  certain  powers  given  to  him 
by  a  lex.  It  was  objected  to  Balbus  that  he  could 
not  have  the  civitas,  unless  the  state  to  which  he 
belonged,  "fundus  factus  esset  ;"  which  was  a 
complete  misapprehension,  for  the  term  fundus,  in 
this  sense,  applied  to  a  whoh  state  or  community, 
whether  federate  or  other  free  state,  which  accept- 

1.  (Cic,  De  Nat.  Deor.,  iii.,  40.— Flor.,  iii.,  13.)— 2.  (Virg., 
JEn.,  i.,  726.— Sevvius,  ad  loc.)— 3.  (Cato,  De  Re  Rust.,  143. — 
Ovid,  Trist.,  v.,  5,  10.)— 4.  (Propert.,  iv.,  6,  1-6.)— 5.  (Hor., 
Epod.,  ii.,  66.— Col.,  De  Re  Rust.,  xi.,  1.)— 6.  (Paus.,  vii.,  22,  t) 
2.)— 7.  ("  Craticula:"  Mart.,  xiv.,  221.— Apic,  viii.,  6.— Terpn- 
now  trvpos  yecpvpav  :  Brunck,  Anal.,  ii.,  215. — Jacobs,  ad  loc.) 
—8  (Cic,  Pro  Balbo,  c  8.) 
448 


ed  what  was  offered,  and  not  to  an  individual  ot 
such  state  or  community  who  might  accept  the 
Roman  civitas  without  asking  the  consent  of  his 
fellow-citizens  at  home,  or  without  all  of  them  re 
ceiving  the  same  privilege  that  was  offered  to  him 
self.  The  people  of  a  state  which  had  accepted  the 
Roman  civitas  (fundus  f actus  est)  were  called,  in 
reference  to  their  condition  after  such  acceptance, 
"fundani."  This  word  only  occurs  in  the  Latin 
inscription  (the  lex  Romana)  of  the  tablet  of  Her- 
aclea, 1.  85,  and  proves  that  the  inscription  is 
posterior  to  the  lex  Julia  de  Civitate.  It  has,  in- 
deed, been  supposed  that  the  word  may  refer  to  the 
acceptance  by  the  state  of  Heraclea  of  this  lex 
which  is  on  the  tablet ;  but  there  is  no  doubt  that 
it  refers  to  the  prior  lex  which  gave  the  civitas. 
(Vid.  Fundus.) 

It  must  be  observed  that  the  acceptance  of  the 
two  leges  above  mentioned  could  only  refer  to  the 
federate  states  and  the  few  old  Latin  states.  The 
Latinae  coloniae  also  received  the  civitas  by  the 
Julia  lex ;  but,  as  they  were  under  the  sovereignty 
of  Rome,  their  consent  to  the  provisions  of  this  lex 
was  not  required. 

Before  the  passing  of  the  Julia  lex,  it  was  not 
unusual  for  the  Socii  and  Latini  to  adopt  Roman 
leges  into  their  own  system,  as  examples  of  which 
Cicero  mentions  the  lex  Furia  de  Testamentis  and 
the  lex  Voconia  de  Mulierum  Hereditatibus ;  and 
he  adds  that  there  were  other  instances.1  In  such 
cases,  the  state  which  adopted  a  Roman  lex  wa? 
said  "  in  earn  legem  fundus  fieri."  It  hardly  needs 
remark,  that  the  state  which  adopted  a  Roman  lex 
did  not  thereby  obtain  for  its  citizens  any  privi- 
leges with  respect  to  the  Roman  state  :  the  feder- 
ate state  merely  adopted  the  provisions  of  the 
Roman  lex  as  being  applicable  to  its  own  circum- 
stances. 

An  apparent  difficulty  is  caused  by  the  undoubted 
fact  that  the  provisions  of  the  lex  Julia  required 
that  the  states  which  wished  to  avail  themselves  of 
its  benefits  should  consent  to  accept  them.  As  the 
federate  states  commenced  the  war  in  order  to  ob- 
tain the  civitas,  it  may  be  asked,  why  was  it  given 
to  them  on  the  condition  of  becoming  "  fundus  V 
In  addition  to  the  reasons  for  such  condition,  which 
are  suggested  by  Savigny,  it  may  be  observed  that 
the  lex  only  expressed  in  terms  what  would  neces- 
sarily have  been  implied  if  it  had  not  been  express- 
ed :  a  federate  state  must  of  necessity  declare  by  a 
public  act  its  consent  to  accept  such  a  proposal  as 
was  contained  in  the  lex  Julia.  It  appears  from 
the  cases  of  Heraclea  and  Naples,  that  the  citizens 
of  a  federate  state  were  not  in  all  cases  unanimous 
in  changing  their  former  alliance  with  Rome  into 
an  incorporation  with  the  Roman  state.  (Vid. 
Civitas.) 

There  were  federate  cities  beyond  the  limits  of 
Italy,  as  shown  by  the  example  of  Gades  :  Sagun- 
tum  and  Massilia  also  are  enumerated  among  such 
cities  * 

*FCENUM  GRiECUM,  Fenugreek.  ( Vid.  Tklk 
and  Buceras.) 

FCENUS.     (Vid.  Interest  of  Money.) 

FOLLIS,  dim.  FOLLFCULUS,  an  inflated  ball 
of  leather,  perhaps  originally  the  skin  of  a  quadru- 
ped filled  with  air:  Martial3  calls  it  "light  as  a 
feather."  Boys  and  old  men,  among  the  Romans, 
threw  it  from  one  to  another  with  their  arms  and 
hands,  as  a  gentle  exercise  of  the  body,  unattended 
with  dangers.*  The  Emperor  Augustus5  became 
fond  of  the  exercise  as  he  grew  old. 

1.  (Pro  Balbo,  c.  8.) — 2.  (Savigny,  Volksschluss  der  Tafel  von 
Heraclea,  Zeitschvift,  <fcc,  vol.  ix.  -Mazocchi,  Tab.  Herac,  p, 
465.)— 3.  (iv.,  19.)  — 4.  (Mart.,  vii.,  31.  — Id.,  xiv.,  45,  47.- 
Atben.,  i.,  25.) — 5.  (Sueton.,  Octav.,  83.) 


FORFEX 


t'OJIMA. 


Uoxers  practised  upon  an  inflated  skin  hung  up 
for  the  purpose  (follis  pugilatorius1). 

The  term  folks  is  also  applied  to  a  leather  purse 
or  bag  ;2  and  the  diminutive  folliculus  to  the  swol- 
len capsule  of  a  plant,  the  husk  of  a  seed,  or  any- 
thing of  similar  appearance.3 

Two  inflated  skins  (dvo  (pvaai  ;*  ^urrvpa  ;5  Tcprjorf]- 
pec6),  constituting  a  pair  of  bellows,  and  having  valves 
adjusted  to  the  natural  apertures  at  one  part  for  ad- 
mitting the  air,  and  a  pipe  inserted  into  another 
part  for  its  emission,  were  an  essential  piece  of  fur- 
!  niture  in  every  forge  and  foundry.7  Among  the 
Egyptians,  the  two  bellows  were  blown  by  a  man 
who  stood  with  his  right  and  left  foot  pressing  upon 
each  alternately,  and  who  drew  each  upward  by 
means  of  a  cord,  so  as  to  fill  it  with  air  again  as 
soon  as  the  weight  of  his  body  was  taken  away 
from  it.8  According  to  the  nature  and  extent  of  the 
work  to  be  done,  the  bellows  were  made  of  the  hides 
of  oxen  (taurinis  follibus9),  or  of  goats  (hircinis10)  and 
other  smaller  animals.  The  nozzle  of  the  bellows 
was  called  a/cpofvciov  or  uKpoardfxiov.11  In  bellows 
made  after  the  fashion  of  those  exhibited  in  the 
lamp  here  introduced  from  Bartoli,12  we  may  ima- 
gine the  skin  to  have  been  placed  between  the  two 
boards,  so  as  to  produce  a  machine  like  that  which 
w«  now  commonly  employ. 


FORCEPS  (irvpuypa),  Tongs  or  Pincers  ;  an  in- 
strument invented,  as  the  etymology  indicates,  for 
taking  hold  of  what  is  hot  (forvunC 3),  used  by  smiths, 
and  therefore  attributed  to  Vulcan  and  the  Cyclo- 
pes.14    (Vid.  Incus,  Malleus.) 

A  forceps  of  an  appropriate  form  (bdovrdypa)  was 
employed  for  drawing  teeth,15  and  another  to  extract 
from  the  wounded  the  heads  of  arrows  and  other 
missiles  (dpdiod?/pa16).  Pincers  were  used  from  the 
earliest  times  by  tyrants  as  an  instrument  of  tor- 
ture.17 The  term  Kapnivoc,  which  properly  meant  a 
crab,  was  applied  metaphorically  to  pincers,  on  ac- 
count of  the  similarity  of  this  instrument  to  the 
claw  of  the  crab.18 

FORES.     (Vid.  House.) 

FORFEX,  dim.  FORFICULA  italic,  dim.  faX'i- 
diov),  Shears,19  used,  1.  in  shearing  sheep,  as  repre- 
sented in  the  annexed  woodcut,  which  is  taken 
from  a  carnelian  in  the  Stosch  collection  of  antique 
gems  at  Berlin  ;  2.  in  cutting  hair  ;90  3.  in  clipping 


1.  (Plaut.,  Rud.,  in.,  4,  16.)— 2.  (Plaut.,  Aul.,  ii.,  4,  23.— Juv., 
riv.,  281.)  — 3.  (Sen.,  Nat.  Qutest.,  v.,  18.—  Tertull.,  De  Res. 
Cam..  52.)^!.  (Herod.,  i.,  68.)— 5.  (Ephori  Frag-.,  p.  188  )  -6. 
(Apoll.  Rhod.,  iv.,  763,  777.)— 7.  (11.,  xviii.,  372-470.— Virg., 
.15n.,  viii.,  449.) — 8.  (Wilkinson's  Manners  and  Customs,  iii  ,  p. 
338.)— 9.  (Virg.,  Georg.,  iv.,  171.)— 10.  (Hor.,  Sat.,  i.,  4,  19.)— 
11.  (Thucyd.,  iv.,  100.— Eustath.  in  II.,  xviii.,  470.)— 12.  (Ant. 
Lucerne,  iii.,  21.)  -13.  (Festus,  s.  v. — Servius  ad  Virg.,  Georg., 
iv.,  175.— ^En.,  viii.,  453.— lb.,  xii.,  404.)— 14.  (Virg.,  11.  cc— 
Horn.,  II.,  xviii.,  477.— Od.,  iii.,  434.— Callim.  in  Del.,  144.— 
"  Forcipe  curva:"  Ovid,  Met.,  xii.,  277.)— 15.  (lucil.,  Sat.,  xix.) 
—16.  (Virg,  JEn.,  xii.,  404.— Servius,  ad  loc.)— 17.  (Ovid, Met., 
tL,  557. — Synes.,  Epist.,  58. — Kapxivois  oiiripols  :  Diod.  Sic, 
ix.,  71.)— 18.  (Eustath.  in  Horn.,  1.  c— Brunck,  Anal.,  ii.,  216. 
— Plin.,  H.  N.,  ix„  51.)— 19.  (Serv.  in  Virg.,  ^n.,  viii.,  453.)— 
20.  (Eurip.,  Ores?..,  954— Schol.  in  loc.— Brunck,  Ana],  iii.,  9. 
— Virir.,  Catal.,  vii.,  9.—"  Ferro  bidenti :"  Ciris,  213.) 
Lll 


hedges,  myrtles,  and  other  shrubs  (tyalicToi  juvppt~ 
vtivec1) ;  4.  in  clearing  bad  grapes  from  the  bunch.' 

In  military  manoeuvres  the  forfex  was  a  tenaille, 
i.  e.,  a  body  of  troops  arranged  in  the  form  of  an 
acute  angle,  so  as  to  receive  and  overcome  the  op- 
posite body,  called  a  Cuneus.3 

In  architecture  the  term  ipa/iig  denoted  a  con- 
struction which  was  probably  the  origin  of  the  arch.* 
consisting  of  two  stones  leaning  against  each  other 
so  as  to  form  an  acute  angle  overhead,  as  is  seen 
in  the  entrance  to  the  Pyramid  of  Cheops  and  in  the 
ruins  of  Mycenae,  and  gradually  brought  nearer  to 
the  forms  which  we  now  employ.  (See  woodcut, 
p.  85.y 

The  same  terms  were  also  metaphorically  ap- 
plied to  the  mandibles  of  insects,  which  are  like 
minute  shears,  and  to  the  claws  of  Crustacea  (ipa?u- 

doGTOfJiOL6). 

FORI.     (Vid.  Navis.) 

FORMA,  dim.  FORMULA,  second  dim.  FOR- 
MELLA  (rvirog),  a  Pattern,  a  Mould  ;  any  contri- 
vance adapted  to  convey  its  own  shape  to  some 
plastic  or  flexible  material,  including  moulds  for 
making,  1.  pottery  (vid.  Fictile).  2.  Pastry  (for- 
mella?).  Some  of  these,  made  of  bronze,  have  been 
found  at  Pompeii.  3.  Cheese.8  Hence  the  cheeses 
themselves  are  called  formula,.9  The  finer  moulds 
for  this  purpose  were  made  of  boxwood  (forma 
buxece).  (Vid.  Buxus.)  4.  Bricks.10  5.  Coins.  These 
moulds  were  made  of  a  kind  of  stone,  which  was 
indestructible  by  heat.11  The  mode  of  pouring  into 
them  the  melted  metal  for  casting  the  coins  will  be 
best  understood  from  the  annexed  woodcut,  which 


represents  one  side  of  a  mould,  engraved  by  Seroux 
d'Agincourt.12  Various  moulds  are  engraved  by 
Ficoroni.13     6.  "Walls  of  the  kind  now  called  pisS, 

1.  (Hierocles  ap.  Stob.,  Serm.,  65.)— 2.  (Col.,  De  Re  Rust., 
xii.,  43.)— 3.  (Aul.  Gell.,  x.,  9.— Amm.  Marcell.,  xvi.,  11.)— 4 
(Macculloch's  West.  Islands,  j.,  p.  142.— Id.  ib.,  iii.,  p.  49.)— 5. 
(Plat.,  De  Leg.,  xii.,  p.  292,  ed.  Becker— Diod.  Sic,  ii.,  9.— 
Strabo,  xvi.,  1,  5. — Id.,  xvii..  1.  42. — Josephus.  B.  J.,  xv.,  9,  6.) 
—6.  (Horn.,  Bat.,  286.— Plin.',  H.  N.,  ix.,  5].— Id.  ib.,  xxxii.,53.) 
—7.  (Apic,  ix.,  13.)— 8.  (Col.,  De  Re  Rust.,  vii.,  8.)— 9.  (Pal- 
lad.,  De  Re  Rust.,  vi.,  9.)— 10.  (Pallad.,  vi.,  12.)— 11.  (Plin.,  H. 
N.,  xxxvi.,  49.)— 12.  (Recueil  de  Fragmens,  pi  34.)— 13  (D« 
Plurnbeis  Ant.  Num.,  ad  fin.) 

449 


FORNAX. 


FORTY,  THE. 


which  were  built  in  Africa,  in  Spain,  and  about  Ta- 
rentum.1  7.  The  shoemaker's  last  was  also  call- 
ed forma?  and  tentipellium,3  in  Greek  KaMnovc,* 
whence  Galen  says5  that  physicians  who  want  dis- 
crimination in  the  treatment  of  their  patients  are 
like  shoemakers  who  make  shoes  from  the  same 
last  (hi  Kalbnodi)  for  all  their  customers. 

The  spouts  and  channels  of  aquaeducts  are  called 
forma,  perhaps  from  their  resemblance  to  some  of 
me  moulds  included  in  the  above  enumeration.6 

FO'RMULA.     (Vid.  Actio.) 

FORNACA'LIA  was  a  festival  in  honour  of  For- 
nax, the  goddess  of  furnaces,  in  order  that  the  corn 
might  be  properly  baked.7  This  ancient  festival  is 
said  to  have  been  instituted  by  Numa.8  The  time 
for  its  celebration  was  proclaimed  every  year  by 
the  Curio  Maximus,  who  announced  in  tablets, 
which  were  placed  in  the  Forum,  the  different  part 
which  each  curia  had  to  take  in  the  celebration  of 
the  festival.  Those  persons  who  did  not  know  to 
what  curia  they  belonged,  performed  the  sacred 
rites  on  the  Quirinalia,  called  from  this  circumstance 
the  Stultorum  ferice,  which  fell  on  the  last  day  of 
the  Fornacalia.9 

The  Fornacalia  continued  to  be  celebrated  in  the 
time  of  Lactantius.10 

FORNAX,  dim.  FORNA'CULA  (ku/iivos,  dim. 
Ka/Liiviov),  a  Kiln,  a  Furnace.  The  construction  of 
the  kilns  used  for  baking  earthenware  (vid.  Fictile) 
may  be  seen  in  the  annexed  woodcut,  which  rep- 
resents part  of  a  Roman  pottery  discovered  at  Cas- 
tor, in  Northamptonshire.11  The  dome-shaped  roof 
has  been  destroyed,  but  the  flat  circular  floor  on 
which  the  earthenware  was  set  to  be  baked  is  pre- 
served entire.     The  middle  of  this  floor  is  supported 


by  a  thick  column  of  brickwork,  which  is  encircled 
by  the  oven  (furnus,  nMSavog).  The  entrance  to  the 
oven  ( prafurnium)  is  seen  in  front.  The  lower  part 
of  a  smelting-furnace,  shaped  like  an  inverted  bell, 
and  sunk  into  the  earth,  with  an  opening  and  a  chan- 
nel at  the  bottom  for  the  discharge  of  the  melted 
metal,  has  been  discovered  near  Aries.12  In  Spain 
these  furnaces  were  raised  to  a  great  height,  in  or- 
der that  the  noxious  fumes  might  be  carried  off.13 
They  were  also  provided  with  long  flues  (longinqua 
fornacis  cuniculo1*),  and  with  chambers  (camera)  for 
the  purpose  of  collecting  more  plentifully  the  oxides 

1.  (Varro,  De  Re  Rust.,  i.,  14.— Pallad.,  i.,  34.— "  Parietes 
formacei :"  Plin.,  H.  N.,  xxxv.,  48.)— 2.  (Hor.,  Sat.,  ii.,  3,  106.) 
—3.  (Festus,  s.  v.)— 4.  (Plato,  Conviv.,  p.  404,  ed.  Bekker.)— 5. 
(Therap.,  ix.,  16.)— 6.  (Frontin.,  De  Aqueduct.,  75,  126.)— 7. 
(Festus,  s.  v.)— 8.  (Plin.,  H.  N.,  xviii.,  2.)— 9.  (Ovid,  Fasti,  ii., 
,527.— 'Varro,  De  Ling.  Lat.,  vi.,  13,  with  Miiller's  note. — Festus, 
s.  v.  Quirinalia,  Stultor.  ferise.)  — 10.  (Lactant.,  I.,  20.) — 11. 
(Artis's  DurobriviE,  Lond.,  1828.) — 12.  (Florencourt,  iiber  die 
Berg-werke  der  Alten,  p.  30.)— la  (Strabo,  iii.,  2,  p.  391,  ed. 
Sieb.)— J4.  (Plin.,  H.  N,  ix.,  62.) 
450 


and  other  matters  by  sublimation.1  Homei  de- 
scribes a  blast-furnace  with  twenty  crucibles  (xo- 
avoi2).  Melting-pots  or  crucibles  have  been  founf 
at  Castor,3  and  at  different  places  in  Egypt,  in  forr  .< 
and  material  very  like  those  which  we  now  err  • 
ploy.* 

Furnaces  of  an  appropriate  construction  wen 
erected  for  casting  large  statues  of  bronze,5  and  fo  ■■ 
making   lampblack.6      (Vid.   Ate  amentum.)      Tb 
limekiln  (fornax  calcaria)  is  described  by  Cato.7     O 
the  mode  of  heating  baths,  vid.  p.  151. 

The  early  Romans  recognised,  under  the  name  o 
Fornax  or  Dea  Fornacalis,  a  divinity  who  presidec 
over  ovens  and  furnaces.     (Vid.  Foenacalia.) 

FORNIX,  in  its  primary  sense,  is  synonymous 
with  Aecus,8  but  more  commonly  implies  an  arched 
vault,  constituting  both  roof  and  ceiling  to  the 
apartment  which  it  encloses.9  It  is  composed  of  a 
semicylindrical  and  oblong  arch  like  the  Camera, 
but  differs  from  it  in  construction,  consisting  entirely 
of  stone  or  brick,  whereas  the  other  was  formed  upon 
a  framework  of  wood,  like  the  skeleton  of  a  ship10 
(vid.  Cameea)  ;  both  of  which  methods  appear  to 
have  been  sometimes  united,  as  in  the  roof  of  the 
Tullianum,  described  by  Sallust,11  where  the  ribs  of 
the  Camera  were  strengthened  by  alternate  courses 
of  stone  arches.  "  Tullianum  ....  muniunt  undique 
parietes,  atque  insuper  Camera,  lapideis  fornicibus 
vincta."  If  the  stone  chamber  now  seen  at  Rome 
under  the  Mamertine  prisons  was  really  the  Tul- 
lianum, as  commonly  supposed,  it  is  not  construct- 
ed in  the  manner  described,  being  neither  camera- 
turn  nor  fornicatum,  but  consisting  of  a  circular 
dome,  formed  by  projecting  one  course  of  stones 
beyond  the  course  below  it,  like  the  treasury  of 
Atreus  at  Mycenae,  described  at  p.  85.  (Vid.  Ae- 
cus.) 

From  the  roof  alone,  the  same  word  came  to  sig- 
nify the  chamber  itself,  in  which  sense  it  designates 
a  long  narrow  vault,  covered  by  an  arch  of  brick  or 
masonry  (tectum  fornicatum),  similar  to  those  which 
occupy  the  ground-floors  of  the  modern  Roman 
palaces.  Three  such  cells  are  represented  in  the 
annexed  woodcut,  from  the  remains  of  a  villa  at 
Mola  di  Gaieta,  which  passes  for  the  Formian  villa 
of  Cicero.  They  are  covered  internally  with  a 
coating  of  stucco,  tastefully  ornamented,  and  paint- 
ed in  streaks  of  azure,  pink,  and  yellow. 


Being  small  and  dark,  and  situated  upon  the  level 
of  the  street,  these  vaults  were  occupied  by  prosti- 
tutes12 (vid.  Ciecus,  p.  255) ;  whence  comes  the 
meaning  of  the  word  fornicatio  in  the  ecclesiastical 
writers,  and  its  English  derivation. 

Fornix  is  also  a  sallyport  in  the  walls  ;13  a  trium- 
phal arch  ;14  and  a  street  in  Rome,  which  led  to  the 
Campus  Martius,  was  called  Via  Fornicata,15proba 
bly  on  account  of  the  triumphal  arches  built  across  it 

FORTY,  THE  (ol  TeTTapaKovra),  were  certain  of- 
ficers chosen  by  lot,  who  made  regular  circuits 
through  the  demi  of  Attica,  whence  they  are  called 
ducaoral  Kara  drjiiovg,  to  decide  all  cases  of  aUca  and 

1.  (Plin.,  H.  N.,  xxxiv.,  22,  33-41.)— 2.  (11.,  xviii.,  470.)— 3 
(Artis,  pi.  38.) — 4.  (Wilkinson,  Manners  and  Customs,  iii.,  224.) 
—5.  (Claud.,  De  Laud.  Stil.,  ii.,  176.)— 6.  (Vitruv.,  vii.,  10.)— 7. 
(De  Re  Rust.,  38.— Vid.  also  Plin.,  H.  N.,xvii.,  6.— Vitruv.,  mi., 
3.)— 8.  (Senec,  Ep.,  90.)— 9.  (Cic,  Top.,  4.)— 10.  (Sallust,  Ju- 
gurth.,  18.— Suet.,  Nero,  34.)— 11.  (Cat.,  55.)— 12.  (Hor.,  Sat., 
I.,  ii.,  30. — Juv.,  Sat.,  iii.,  156. — Id.  ib.,  xi.,  171. — Compare  Suet , 
Jul.,  49.)— 13.  (Liv.,  xxxvi.,  23.— Compare  xliv.,  11.)— 14.  (Cic 
De  Orat.,  ii.,  66.)— 15.  (Liv.,  xxii.,  36.) 


FORUM. 


FORUM. 


ru  irepl  t£>v  fiiatov,  and  also  all  other  private  causes, 
where  the  matter  in  dispute  was  not  above  the 
value  of  ten  drachmae.  Their  number  was  origi- 
nally thirty,  but  was  increased  to  forty  after  the 
expulsion  "of  the  thirty  tyrants  and  the  restoration 
of  the  democracy  by  Thrasybulus,  in  consequence, 
it  is  said,  of  the  hatred  of  the  Athenians  to  the 
number  of  thirty.  They  differed  from  other  dtKacr- 
rai,  inasmuch  as  they  acted  as  elcayuyelc,  as  well 
as  decided  causes  ;  that  is,  they  received  the  accu- 
sation, drew  up  the  indictment,  and  attended  to  all 
that  was  understood  in  Athenian  law  by  the  riye/xo- 
via  tov  diKaoTvpiov.  They  consequently  may  be 
classed  among  the  regular  magistrates  of  the  state.1 

FORUM.  As  the  plan  of  the  present  work  does 
not  include  a  topographical  description  of  the  vari- 
ous fora  at  Rome,  the  following  article  only  contains 
a  brief  statement  of  the  purposes  which  they  served. 

Forum  originally  signified  an  open  place  {area) 
before  any  building,  especially  before  a  sepulcrum,2 
and  seems,  therefore,  etymologically  to  be  con- 
nected with  the  adverb  foras.  The  characteris- 
tic features  of  a  Roman  forum  were,  that  it  was  a 
levelled  space  of  ground  of  an  oblong  form,  and  sur- 
rounded by  buildings,  houses,  temples,  basilicas,  or 
porticoes.3  It  was  originally  used  as  a  place  where 
justice  was  administered,  and  where  goods  were 
exhibited  for  sale.*  We  have,  accordingly,  to  dis- 
tinguish between  two  kinds  of  fora,  of  which  some 
were  exclusively  devoted  to  commercial  purposes, 
and  were  real  market-places,  while  others  were  pla- 
ces of  meeting  for  the  popular  assembly  and  for  the 
courts  of  justice.  Mercantile  business,  however, 
was  not  altogether  excluded  from  the  latter,  and  it 
was  especially  the  bankers  and  usurers  who  kept 
their  shops  in  the  buildings  and  porticoes  by  which 
they  were  surrounded.  The  latter  kinds  of  fora 
were  sometimes  called  fora  judicialia,  to  distinguish 
them  from  the  mere  market-places. 

Among  the  fora  judicialia,  the  most  important  was 
the  Forum  Romanum,  which  was  simply  called  Fo- 
rum as  long  as  it  was  the  only  one  of  its  kind  which 
existed  at  Rome.  At  a  late  period  of  the  Republic, 
and  during  the  Empire,  when  other  fora  judicialia 
were  built,  the  Forum  Romanum  was  distinguished 
from  them  by  the  epithets  vetus  or  magnum.  It  was 
situated  between  the  Palatine  and  the  Capitoline 
Hills,  and  its  extent  was  seven  jugera,  whence  Var- 
ros  calls  it  the  "  Septem  jugera  forensia."  It  was 
originally  a  swamp  or  marsh,  but  was  said  to  have 
been  filled  up  by  Romulus  and  Tatius,  and  to  have 
been  set  apart  as  a  place  for  the  administration  of 
justice,  for  holding  the  assemblies  of  the  people,  and 
for  the  transaction  of  other  kinds  of  public  business.6 
In  this  widest  sense  the  Forum  included  the  comi- 
tium,  or  the  place  of  assembly  for  the  curiae,7  which 
was  separated  from  the  Forum  in  its  narrower  sense, 
or  the  place  of  assembly  for  the  comitia  tributa,  by 
the  Rostra.8  These  ancient  rostra  were  an  eleva- 
ted space  of  ground  or  a  stage  (suggestum),  from 
which  the  orators  addressed  the  people,  and  which 
derived  its  name  from  the  circumstance  that,  after 
the  subjugation  of  Latium,  its  sides  were  adorned 
with  the  beaks  (rostra)  of  the  ships  of  the  Antiates.9 
In  subsequent  times,  when  the  curiae  had  lost  their 
importance,  the  accurate  distinction  between  comi- 
tium  and  forum  likewise  ceased,  and  the  comitia 


1.  (Pollux,  viii.,  40.— Harpocrat.,  s.  v.  Kara  Sr/fiovg  diKaorrjs. — 
Rhelor.,  Lex.,  310,  21.— Demosth..  c.  Timocr.,  p.  735,  11.— Id., 
c  Pantam.,  p.  976,  10— Schubert,  De  JEdil.,  p.  96-98.— Meier, 
Alt.  Proc.,  p.  77-S2.— Schomann,  Ant  Jur.  Publ.  Graec,  p.  267, 
10.)— 2.  (Festus,  s.  v.— Cic,  De  Leg.,  ii.,  24.)— 3.  (Vitruv.,  v., 
\,  2.)— 4.  (Varro,  De  Ling.  Lat.,  v.,  145,  ed.  Muller.)— 5.  (De  Re 
Rust..  1, 2.)— 6.  (Dion.  Hal.,  Ant.  Rom.,  iii.,  p.  200.— Compare  ii., 
p.  113,  ed.  Sylburg.)— 7.  (Varro,  De  Ling.  Lat.,  v.,  155,  ed. 
Muller. )— 8.  (Niebuhr,  Hist,  of  Rome,  i.,  p.  291,  note  746,  and 
p.  426,  note  990.— Walter,  Gesch.  des  Rom.  Rechts,  p.  83.— Got- 
thnir  Ge.vh   <l?r  Rou.  Staatsv..  p.  155.)— 9.  (Liv.,  viii.,  14.) 


tributa  were  sometimes  held  in  the  Circus  Flamim- 
us  ;  but  towards  the  end  of  the  Republic  the  Forum 
seems  to  have  been  chiefly  used  for  judicial  proceed- 
ings and  as  a  money-market ;  hence  Cicero1  dis- 
tinguishes between  a  speaker  in  the  popular  assem- 
bly (orator)  and  the  mere  pleader  :  "  Ego  istos  non 
modo  oratoris  nomine,  sed  ne  foro  quidem  dignos  pit- 
tdrim."  The  orators,  when  addressing  the  people 
from  the  rostra,  and  even  the  tribunes  of  the  people 
in  the  early  times  of  the  Republic,  used  to  front  the 
comitium  and  the  curia ;  but  C.  Gracchus,2  or,  ac- 
cording to  Varro3  and  Cicero,*  C.  Licinius,  introdu- 
ced the  custom  of  facing  the  Forum,  thereby  ac- 
knowledging the  sovereignty  of  the  people.  In  308 
B.C.,  the  Romans  adorned  the  Forum,  or,  rather, 
the  bankers'  shops  (argentarias)  around,  with  gilt 
shields  which  they  had  taken  from  the  Samnites ; 
and  this  custom  of  adorning  the  Forum  with  these 
shields  and  other  ornaments  was  subsequently  al- 
ways observed  during  the  time  of  the  Ludi  Romani, 
when  the  aediles  rode  in  their  chariots  (tensce)  in 
solemn  procession  around  the  Forum.5  After  the 
victory  of  C.  Duilius  over  the  Carthaginians,  the  Fo- 
rum was  adorned  with  the  celebrated  columna  ros- 
trata.  (Vid.  Columna.)  In  the  upper  part  of  the 
Forum,  or  the  comitium,  the  laws  of  the  Twelve 
Tables  were  exhibited  for  public  inspection,  and  it 
was  probably  in  the  same  part  that,  in  304  B.C.,  Cn. 
Flavius  exhibited  the  Fasti,  written  on  white  tables 
(in  albo),  that  every  citizen  might  be  able  to  know 
the  days  on  which  the  law  allowed  the  administra- 
tion of  justice.6  Besides  the  ordinary  business 
which  was  carried  on  in  the  Forum,  we  read  that 
gladiatorial  games  were  held  in  it,7  and  that  prison- 
ers of  war  and  faithless  colonists  or  legionaries 
were  put  to  death  there.8 

A  second  forum  judiciarium  was  built  by  J.  Caesar, 
and  was  called  Forum  Casaris  or  Julii.  The  lev- 
elling of  the  ground  alone  cost  him  above  a  million 
of  sesterces,  and  he  adorned  it,  besides,  with  a  mag- 
nificent temple  of  Venus  Genitrix.9 

A  third  forum  was  built  by  Augustus,  and  called 
Forum  Augusli,  because  the  two  existing  ones  were 
not  found  sufficient  for  the  great  increase  of  busi- 
ness which  had  taken  place.  Augustus  adorned  his 
forum  with  a  temple  of  Mars  and  the  statues  of  the 
most  distinguished  men  of  the  Republic,  and  issued 
a  decree  that  only  the  judicia  publica  and  the  sorti- 
tiones  judicum  should  take  place  in  it.10  After  the 
Forum  Augusti  had  severely  suffered  by  fire,  it  was 
restored  by  Hadrianus.11 

The  three  fora  which  have  been  mentioned  seem 
to  have  been  the  only  ones  that  were  destined  for 
the  transaction  of  public  business.  All  the  others, 
which  were  subsequently  built  by  the  emperors, 
such  as  the  Forum  Trajani  or  Ulpium,  the  Forum 
Sallustii,  Forum  Diocletiani,  Forum  Aureliani,  &c., 
were  probably  more  intended  as  embellishments  of 
the  city  than  to  supply  any  actual  want. 

Different  from  these  fora  were  the  numerous  mar- 
kets at  Rome,  which  were  neither  as  large  nor  as 
beautiful  as  the  former.  They  are  always  distin- 
guished from  one  another  by  epithets  expressing  the 
particular  kinds  of  things  which  were  sold  in  them, 
e.  g.,  forum  boarium,  according  to  Festus,  the  cattle- 
market  ;  according  to  others,  it  derived  the  name  bo- 
arium from  the  statue  of  an  ox  which  stood  there;" 
forum  olitorium,  the  vegetable  market  ;13  forum  pis- 


1.  (De  Orat.,  i.,  36.)— 2.  (Plut.,  C.  Gracch.,  5.)— 3.  (De  Re 
Rust.,  i.,  2.)— 4.  (De  Amicit.,  25.)— 5.  (Liv.,  ix.,  40.— Cjc.  in 
Verr.,  i.,  54,  and  hi.,  4.)— 6.  (Liv.,  ix.,46.)— 7.  (Vitruv..  v.,  1,2.) 
8.  (Liv.,  vii.,  19.— Id.,  ix.,  24.  — Id.,  xxxviii.,  28.)— 9.  (Suet., 
Jul.,  26. — Plin.,  H.  N.,  xxxvi.,  15. — Dion  Cass.,  xliii.,  p.  254.) 
—10.  (Suet.,  Octav.,  29  and  31.— Compare  Plin.,  H.  N  ,  1.  c 
—Veil.  Pat.,  ii.,  39.— Ovid,  Ep.  ex  Pont.,  iv.,  15,  16.— Martial, 
iii.,  38,  3.— Seneca,  De  Ira,  ii.,  9  —Stat.,  Sylv.,  iv.,  9,  15.)— 11 
(JE\.  Spart.,  Hadr.,  c.  19.)— 12  (Plin.,  H.  N.,  xxxiv.,  2.— Ovi<, 
Fast.,  vi.,  477.)— 13.  fVarro,  Do  Ling.  Lat.,  v..  110.) 

451 


i-KENUM. 


FRUMENTARII. 


cartum,  fish-market ;  forum  cupedinis,  market  for 
dainties  ;  forum  coquinum,  a  market  in  which  cook- 
ed and  prepared  dishes  were  to  be  had,  &c. 

(Respecting  the  fora  in  the  provinces,  see  the  ar- 
ticles Colonia  and  Conventus  ;  compare  Sigonius, 
De  Antiq.  jur.  Ital.,  ii.,  15,  and  Walter,  Gesch.  des 
Rom.  Rechts.,  p.  206.) 

♦FRAGUM,  the  Strawberry,  Fragaria  Vesca,  L. 
It  is  worthy  of  remark,  that  the  Strawberry  was 
unknown  to  the  ancient  Greeks.  Not  so,  howev- 
er, with  the  Romans.  It  is  described  by  Pliny,1 
and  had  been  previously  mentioned  by  Virgil2  and 
Ovid.3  The  Strawberry  appears  to  have  come  ori- 
ginally from  the  Alps  and  the  forests  of  Gaul.  My- 
repsus,  a  physician  of  the  thirteenth  century,  is  the 
first  Greek  writer  that  makes  mention  of  it.  The 
name  which  he  gives  it,  <ppayov2,i,  is  still  applied  to 
it  by  the  modern  Greeks,  dropping,  however,  the 
fourth  letter  (ippuov/ii*).  Planudes,  in  his  Greek 
version  of  Ovid,  translates  fragum  by  nofxapov. 
This,  however,  is  an  error,  since  ndfiapov  is  the  fruit 
of  the  wild  Strawberry,  which  is  a  very  different 
thing  from  that  which  we  are  here  considering. 
(Vid.  Arbutum.) 

FRAMEA.     (Vid.  Hasta.) 

FRATRES  ARVA'LES.      (Vid.  Arvales  Fra- 

TRES.) 

*FRAXTNUS,  the  Ash,  Fraxinus  Ornus,  L., 
called  by  the  Greeks  (ielia.  The  fiovnelia  of  The- 
ophrastus  is  the  Fraxinus  excelsior. b  "  There  are 
about  forty  species  of  the  Ash :  the  common  Ash 
(Fraxinus  excelsior)  is  one  of  the  most  useful  of 
trees.  It  has  been  known  from  the  remotest  pe- 
riod of  history,  and  is  very  generally  diffused.  The 
A.sh  is  called,  by  way  of  eminence,  "  the  Husband- 
man's tree,"  nothing  being  equal  to  it  for  agricultu- 
ral implements,  and  for  all  sorts  of  poles,  ladders, 
long  handles,  and  other  purposes  which  require 
etrength  and  elasticity  combined  with  comparative 
lightness.  Hesiod  derives  his  brazen  men  from  it ; 
and  the  Edda,  or  sacred  book  of  the  Northmen, 
gives  the  same  origin  to  all  the  human  race.  From 
one  species  of  Ash,  which  grows  wild  in  the  mount- 
ains of  Calabria,  and  does  not  attain  to  a  great  size, 
manna  is  gathered.  It  is  procured  by  cutting  the 
trunk  towards  the  end  of  July,  and  collecting  the 
juice  which  exudes."6 

FRENUM  (xalivoc),  a  Bridle.  That  Bellerophon 
might  be  enabled  to  perform  the  exploits  required 
of  him  by  the  King  of  Lycia,  he  was  presented  by 
Minerva  with  a  bridle  as  the  means  of  subduing  the 
winged  horse  Pegasus,  who  submitted  to  receive  it 
while  he  was  slaking  his  thirst  at  the  fountain  Pei- 
rene.     See  the  annexed  woodcut,  from  a  bas-relief 


S 


Mf5^ 


which  represents  this  event,  and  compare  Pindar, 
Olymp.,  xiii.,  85-115.  Such  was  the  Grecian  ac- 
count of  the  invention  of  the  bridle,  and  in  refer- 

1.  (H.  N.,  xxv.,  9.)— 2.  (Eclog.,  iii.,  92.)— 3.  (Met.,  xiii.,  816. 
—lb.,  i.,  104.)-- 4.  (Billerbeck,  Flora  Clajsica,  p.  135.)— 5.  (The- 
©phrast.,  H.  P.,  iii.,  3.)— 6.  (Library  pf  Ent.  Knowledge.) 
452 


ence  to  it  Minerva  was  worshipped  at  Corinth  uy*. 
der  the  titles  "Imria  and  XaXtvlnc.1  The  several 
parts  of  the  bridle,  more  especially  the  bit,  are  en- 
graved from  ancient  authorities  in  the  treatises  of 
Inverpizi  (De  Frenis),  Ginzrot  (Ueber  Wagen),  and 
Bracy  Clark  (Chalinology,  Lond.,  1835). 

The  bit  (orea;2  6fjy/na  ;3  oro/uiov*)  was  commonly 
made  of  several  pieces,  and  flexible,  so  as  not  to- 
hurt  the  horse's  mouth  ;  for  the  Greeks  considered 
a  kind  and  gentle  treatment  the  best  discipline,  al 
though,  when  the  horse  was  intractable,  they  taught 
it  submission  by  the  use  of  a  bit  which  was  armed 
with  protuberances  resembling  wolves'  teeth,  and 
therefore  called  lupatum.5  The  bit  was  held  in  its 
place  by  a  leathern  strap  passing  under  the  chin, 
and  called  imoxahLvidia,  for  which  a  chain  (ipaliov) 
was  often  substituted ;  a  rope  or  thong,  distinct 
from  the  reins,  was  sometimes  fastened  to  this 
chain  or  strap  by  means  of  a  ring,  and  was  used  to 
lead  the  horse  (pvrayuyevc6 ).  The  upper  part  of  the 
bridle,  by  which  it  was  fixed  round  the  ears,  is 
called  by  Xenophon  KopvQata,1  and  it  included  the 
Ampyx,  which  was  often  ornamental.  The  cheek- 
pieces  (Tvapijlov,8  -rrapayvadidiov9),  which  joined  this 
upper  portion  to  the  bit,  were  also,  in  some  cases, 
richly  adorned,  especially  among  the  nations  of 
Asia.  Those  who  took  delight  in  horsemanship 
bestowed,  indeed,  the  highest  degree  of  splendour 
and  elegance  upon  every  part  of  the  bridle,  riot  ex- 
cepting the  bit,  which,  though  commonly  of  bronze 
or  iron,  was  sometimes  silver  or  gold  (fulvum  man- 
dunt  sub  deniibus  aurum10).  These  precious  metals 
were  also  either  embossed  (frena  ccelata11)  or  set 
with  jewels.13 

Not  only  was  the  bridle  dispensed  with  in  the 
management  of  creatures  invented  by  the  imagina- 
tion of  the  poet,13  but  of  some  which  were  actually 
trained  by  man  to  go  without  it.  Thus  the  Numid- 
ian  desultor  guided  his  two  horses  by  the  whip, 
and  the  Gallic  essedarius,  on  the  banks  of  the 
Rhone,  directed  and  animated  his  mules  entirely  by 
the  voice.14  (Vid.  woodcuts,  p.  217,  269,  332,  378, 
408.) 

FRIGIDA'RIUM.     (Vid.  Baths,  p.  148.) 

FRITILLUS  (<pi[ioc),  a  Dicebox,  of  a  cylindrica' 
form,  and  therefore  called  also  turricula,15  and  form- 
ed with  parallel  indentations  (gradus)  on  the  inside, 
so  as  to  make  a  rattling  noise  when  the  dice  were 
shaken  in  it.16  When  games  of  chance  became 
general  among  the  Romans,  so  that  even  boys  en- 
gaged in  them,  they  had  fritilli  small  in  proportion 
to  their  age.17 

FRONTA'LE.     (Vid.  Ampyx.) 

FRUCTUS.     (Vid.  Ususfructus.) 

FRUMENTA'RII  were  officers  under  the  Roman 
Empire,  who  acted  as  spies  in  the  provinces,  and 
reported  to  the  emperors  anything  which  they  con- 
sidered of  importance.18  They  appear  to  have  been 
called  Frumentarii  because  it  was  their  duty  to  col- 
lect information  in  the  same  way  as  it  was  the  duty 
of  other  officers,  called  by  the  same  name,  to  col- 
lect corn.  They  were  accustomed  to  accuse  per- 
sons falsely,  and  their  office  was  at  length  abolished 
by  Diocletian.  They  were  succeeded  in  later  times 
by  the  agentes  rerum.19  We  frequently  find,  in  in- 
scriptions, mention  made  of  Frumentarii  belonging 


1.  (Paus.,  II.,  iv.,  1,  5.)— 2.  (Festus,  s.  v.)  — 3.  (Brunck, 
Anal.,  ii.,  237.)— 4.  (JEschyl.,  Prom.,  1045.)— 5.  (Xen.,  De  Re 
Eq.,  vi.,  13.— Id.  ib.,  x.,  6.— Virg.,  Georg.,  iii.,  208.  — Hor., 
Carm.,i.,  8,  7.— Ovid,  Amor.,  i.,  2,  15.) — 6.  (Xen.,  1.  c— Aris- 
toph.,Pac.,154.)-7.  (iii.,2.)— 8.  (Horn.,  II.,  iv.,  142.)— 9.  (Eu$- 
tath.,  ad  locJ  — 10.  (Virg.,  ^n.,  vii.,  279.)  — 11.  (Apul.,  Dj 
Deo  Soc.)— 12.  (Claud.,  Epig.,  34,  36.)— 13.  (^schyl.,  ]from  , 
294.)— 14.  (Claud.,  Epig., 4.)— 15.  (Mart..xiv.,  16.)— 16.  (Hor., 
Sat.,  ii.,  7,  17.— Mart.,  iv.,  14.— Id.,  xiv.,  i.)— 17.  (Juv.,  xiv.,  5.) 
—18.  (Aurel.  Vict.,  De  Caes.,  39.  sub  fin.— Spart.,  Hadr.,  11.— 
Capitol.,  Macrin.,  12.  —  Id.,  Commod.,  4.)— 19.  (Aurel.  V*<* 
I.e.) 


FULLO. 


FULLO. 


lo  particular  legions,1  from  whiih  it  has  been  sup- 
posed that  the  Frumentarii,  vho  acted  as  spies, 
were  soldiers  attached  to  the  legions  in  the  provin- 
ces ;  they  may,  however,  have  been  different  offi- 
cers, whose  duty  it  was  to  distribute  the  corn  to  the 
legions. 

*FUCUS  (<f>vKog),  a  marine  shrub  (according  to 
some,  the  same  with  red  alkanet),  from  which  the 
ancients  made  a  dye  or  paint.  "Various  species 
of  Fad,"  observes  Adams,  "  are  described  by  The- 
ophrastus  and  Dioscorides,  but  in  such  general 
terms  that  it  appears  to  me  a  vain  task  to  at- 
tempt to  determine  them.  It  is  farther  deserving 
of  remark,  that  Galen,  Aetius,  and  Oribasius,  de- 
scribe a  sort  of  ceruse  under  this  name.  It  would 
appear  that  it  was  used  as  a  paint,  and  in  this  sense 
it  occurs  in  Lucian's  fine  epigram  in  the  Anthol- 


"2 


ogy- 

FUGA  LATA.     (Vid.  Banishment.  Roman.) 

FUGA  LIBERA.     ( Vid.  Banishment,  Roman.) 

FUGITTVUS.     (Vid.  Servus.) 

FULCRUM.     (Vid.  Lectus.) 

FULLO  (uveitis,  yva<pei>c),  also  called  NACCA,3 
a  Fuller,  a  washer  or  scourer  of  cloth  and  linen. 
The  fullones  not  only  received  the  cloth  as  it  came 
from  the  loom  in  order  to  scour  and  smooth  it,  but 
also  washed  and  cleansed  garments  which  had  been 
already  worn.  As  the  Romans  generally  wore 
woollen  dresses,  which  were  often  of  a  light  colour, 
they  frequently  needed,  in  the  hot  climate  of  Italy, 
a  thorough  purification.  The  way  in  which  this 
was  done  has  been  described  by  Pliny  and  other  an- 
cient writers,  but  is  most  clearly  explained  by  some 
paintings  which  have  been  found  on  the  walls  of  a 
fullonica  at  Pompeii.  Two  of  these  paintings  are 
given  by  Gell,*  and  the  whole  of  them  in  the  Museo 
Borbonico  ;5  from  the  latter  of  which  works  the 
following  cuts  have  been  taken. 

The  clothes  were  first  washed,  which  was  done 
In  tubs  or  vats,  where  they  were  trodden  upon  and 
stamped  by  the  feet  of  the  fullones,  whence  Sen- 
eca speaks6  of  saltus  fullonicus.  The  following 
woodcut  represents  four  persons  thus  employed,  of 
whom  three  are  boys,  probably  under  the  superin- 
tendence of  the  man.  Their  dress  is  tucked  up, 
leaving  the  legs  bare  ;  the  boys  seem  to  have  done 
their  work,  and  to  be  wringing  the  articles  on  which 
they  had  been  employed. 


The  ancients  were  not  acquainted  with  soap,  but 
ihey  used  in  its  stead  different  kinds  of  alkali,  by 
which  the  dirt  was  more  easily  separated  from  the 
clothes.  Of  these,  by  far  the  most  common  was 
the  urine  of  men  and  animals,  which  was  mixed 
with  the  water  in  which  the  clothes  were  washed.7 
To  procure  a  sufficient  supply  of  it,  the  fullones 
were  accustomed  to  place  at  the  corners  of  the 
streets  vessels,  which  they  carried  away  after  they 
had  been  filled  by  the  passengers.8  We  are  told  by 
Suetonius9  that  Vespasian  imposed  a  urinccvectigal, 
which  is  supposed  by  Casaubon  and  others  to  have 


been  a  tax  paid  by  the  fullones.  Nitrum,  of  whicn 
Pliny1  gives  an  account,  was  also  mixed  with  the 
water  by  the  scourers.  Fuller's  earth  (cre/afullo- 
ma2),  of  which  there  were  many  kinds,  was  em- 
ployed for  the  same  purpose.  We  do  not  know  the 
exact  nature  of  this  earth,  but  it  appears  to  have 
acted  in  the  same  way  as  our  fullers'  earth,  namely, 
partly  in  scouring  and  partly  in  absorbing  the  greasy 
dirt.  Pliny3  says  that  the  clothes  should  be  washed 
with  the  Sardinian  earth. 

After  the  clothes  had  been  washed,  they  were 
hung  out  to  dry,  and  were  allowed  to  be  placed  in 
the  street  before  the  doors  of  the  fullonica.4  When 
dry,  the  wool  was  brushed  and  carded  to  raise  the 
nap,  sometimes  with  the  skin  of  a  hedgehog,  and 
sometimes  with  some  plants  of  the  thistle  kind. 
The  clothes  were  then  hung  on  a  vessel  of  basket- 
work  (viminea  cavea),  under  which  sulphur  was 
placed  in  order  to  whiten  the  cloth ;  for  the  ancient 
fullers  appear  to  have  known  that  many  colours 
were  destroyed  by  the  volatile  steam  of  sulphur.5 
A  fine  white  earth,  called  Cimolian  by  Pliny,  was 
often  rubbed  into  the  cloth  to  increase  its  white- 
ness.6 The  preceding  account  is  well  illustrated 
by  the  following  woodcut. 


1.  (Orclli,  Inscr.,  74,  3491,  4922.)— 2.  (Adams,  Append.,  s.  v. 
liuro?.)— 3.  (Festus,  s.  v.  — Apul.,  Met.,  ix.,  p.  206,  Bipont.)— 
4.  (Pompeiana,  vol.  ii.,pl.  51,  52.)— 5.  (vol.  iv.,  pi.,  49,  50.)— 6. 
(Ep.,  15.)— 7.  (Plin.,  II.  N.,  xxviii.,  18,  26.— Athen.,xi.,  p.  484.) 
P    (Martial,  vi.,  93.— Macrob.,  Saturn.,  ii.,  12.)— 9.  (Vesp.,  23.) 


On  the  left  we  see  a  fullo  brushing  or  carding  a 
white  tunic,  suspended  over  a  rope,  with  a  card  or 
brush,  which  bears  considerable  resemblance  to  a 
modern  horsebrush.  On  the  right,  another  man 
carries  a  frame  of  wicker-work,  which  was,  without 
doubt,  intended  for  the  purpose  described  above ; 
he  has  also  a  pot  in  his  hand,  perhaps  intended  for 
holding  the  sulphur.  On  his  head  he  wears  a  kind 
of  garland,  which  is  supposed  to  be  an  olive  gar- 
land, and  above  him  an  owl  is  represented  sitjting. 
It  is  thought  that  the  olive  garland  and  the  owl  in- 
dicate that  the  establishment  was  under  the  patron- 
age of  Minerva,  the  tutelary  goddess  of  the  loom. 
Sir  W.  Gell  imagines  that  the  owl  is  probably  the 
picture  of  a  bird  which  really  existed  in  the  family. 
On  the  left  a  well-dressed  female  is  sitting,  exam- 
ining a  piece  of  work  which  a  younger  girl  brings  to 
her.  A  calantica  (vid.  Calantica)  upon  her  head, 
a  necklace,  and  bracelets,  denote  a  person  of  higher 
rank  than  one  of  the  ordinary  work-people  of  the 
establishment. 

In  the  following  woodcut  we  see  a  young  man  in 
a  green  tunic  giving  a  piece  of  cloth,  which  appears 
to  be  finished,  to  a  young  woman,  who  wears  a 
green  under-tunic,  and  over  it  a  yellow  tunic  with 
red  stripes.  On  the  right  is  another  female  in  a 
white  tunic,  who  appears  to  be  engaged  in  cleaning 
one  of  the  cards  or  brushes.  Among  these  paint- 
ings there  was  a  press,  worked  by  two  upright 
screws,  in  which  the  cloth  was  placed  to  be  smooth  ■ 
ened.  A  drawing  of  this  press  is  given  in  the  arti- 
cle Cochlea,  p.  272.  ^__^ 

1.  (H.  N.,  xaxi.,  46.)— 2.  (Plin.,  H.  N.,  xviii.,  4.)— 3.  (H.N., 
xxxv.,  57.)— 4.  (Di<*.  43,  tit.  10.  s.  1,  <)  4.)— 5.  (Apul.,  Met.,  he  , 
p.  208,  Bipont.  —  Plin.,  H.  N.,  xxxv.,  50,  57. —  Pollux,  Onom. 
vii.,  41.)— 6.  (Theophrast.,  Char..  10— Plaut.,  Aulul.,  >.,  9,  6 
—Plin.,  H.  N.,  xxxv.,  57.) 

453 


FUNAMBULUS. 


FUND  A. 


The  establishment  or  workshop  of  the  fullers  was 
called  Fullonica,1  Fullonicum,*  or  Fullonium.3  Of 
such  establishments  there  were  great  numbers  in 
Rome,  for  the  Romans  do  not  appear  to  have  wash- 
ed at  home  even  their  linen  clothes.*  The  trade  of 
the  fullers  was  considered  so  important,  that  the 
censors  C.  Flaminius  and  L.  ^Emilius,  B.C.  220, 
prescribed  the  mode  in  which  the  dresses  were  to 
be  washed.5  Like  the  other  principal  trades  in 
Rome,  the  Fullones  formed  a  collegium.6  To  large 
farms  a  fullonica  was  sometimes  attached,  in  which 
the  work  was  performed  by  the  slaves  who  belong- 
ed to  the  familia  rustica.7 

The  fullo  was  answerable  for  the  property  while 
it  was  in  his  possession ;  and  if  he  returned  by  mis- 
take a  different  garment  from  the  one  he  had  re- 
ceived, he  was  liable  to  an  action  ex  locato ;  to  which 
action  he  was  also  subject  if  the  garment  was  in- 
jured.8 Woollen  garments  which  had  been  once 
washed  were  considered  to  be  less  valuable  than 
they  were  previously  ;9  hence  Martial10  speaks  of  a 
toga  Iota  terquc  quatcrque  as  a  poor  present. 

The  Greeks  were  also  accustomed  to  send  their 
garments  to  fullers  to  be  washed  and  scoured,  who 
appear  to  have  adopted  a  similar  method  to  that 
which  has  been  described  above.11  The  word  nlv- 
veiv  denoted  the  washing  of  linen,  and  K,va<f>eveiv  or 
yvatyeveiv  the  washing  of  woollen  clothes.18 

FULLO'NICA.     (Vid.  Fullo.) 

FUNA'LE  ((7/co/laf13),  a  Link,  used  in  the  same 
manner  as  a  torch  (vid.  Fax),  but  made  of  papyrus 
and  other  fibrous  plants,  twisted  like  a  rope,  and 
smeared  with  pitch  and  wax.1*  It  was,  indeed,  as 
Antipater  describes  it,  "  a  light  coated  with  wax" 
CXa[i.izdg  Krjpoxtruv15).  For  this  reason  it  was  also 
called  cereus.  Funalia  are  sculptured  upon  a  mon- 
ument of  considerable  antiquity  preserved  at  Pa- 
dua.16 At  the  Saturnalia  they  were  presented  by 
clients  to  their  superiors,  and  were  lighted  in  hon- 
our of  Saturn.17 

FUNA'LIS  EQUUS.     (Vid.  Currus,  p.  332.) 

FUNAMBULUS  (KaXoBdrrjc,  cxoivoburriQ),  a  Rope- 
dancer.  The  art  of  dancing  on  the  tight-rope  was 
carried  to  as  great  perfection  among  the  Romans 
as  it  is  with  us.18  If  we  may  judge  from  a  series  of 
paintings  discovered  in  the  excavations19  from  which 

1.  (Dig-.  39,  tit.  3,  s.  3.)— 2.  (Dig.  7,  tit.  1,  s.  13,  $  8.)— 3. 
(Amm.  Marc,  xiv.,  11,  p.  44,  Bipont.)— 4.  (Martial,  xiv.,  51.) — 
5.  (Plin.,  H.  N.,  xxxv.,  57.)— 6.  (Fabretti,  Inscript.,  p.  278.)— 7. 
(Yarro,  R.  R.,  i.,  16.)— 8.  (Dig-.  19,  tit.  2,  s.  13,  $  6 ;  s.  60,  t>  2  ; 
12,  tit.  7,  s.  2.)— 9.  (Petron.,  30.— Lamprid.,  Heliogab.,26.)— 10. 
v'x.,  11.)— 11.  (Theophrast.,  Char.,  10.— Athen.,  xi.,  p.  582,  d.— 
Pollux,  Onom.,  vii.,  39,  40,  41.)— 12.  (Eustath.  ad  Od.,  xxiv., 
148,  p.  1956,  41. — Compare  Schottgen,  "  Antiquitates  Trituree 
et  Fulloniae,"  Traj.  ad  Rhen.,  1727. — Beckmann,  Hist,  of  Inven- 
tions, &c,  vol.  iii.,  p.  266,  &c,  transl. — Becker,  Gallus,  ii.,  p. 
100,  &c— Id.,  Charikles,  ii.,  p.  408.)— 13.  (Isid.,  Orig-.,  xx.,  10.) 
— 14.  (Virg.,  JEn.,  i-,  727. — Servius,  ad  loc. — Hor.,  Carm.,  iii., 
26,  7.— Val.  Max.,  iii.,  6,  (/  4.)— 15.  (Brunck,  Anal.,  ii.,  112. — 
Jacobs,  ad  loc.)— 16.  (Pignor.,  De  Servis,  p.  259.)— 17.  (Antipa- 
ter, 1.  c.— Macrob.,  Sat.,  i.,  6.)— 18.  (Hor.,  Epist.,  ii.,  1,  210.— 
Terent.,  Hecyr.  Prol.,  4,  34.  —  Juv.,  iii.,  80. — Bulenger,  De 
Theatr.,  i.,  42.)— 19.  (Ant.  d'Ercol.,  t.  iii.,  p.  160-165.) 
454 


the  figures  in  the  annexed  woodcut  are  selected, 
the  performers,  who  were  principally  Greeks,1  pla- 
ced themselves  in  an  endless  variety  of  graceful  and 


sportive  attitudes,  and  represented  the  characters 
of  bacchanals,  satyrs,  and  other  imaginary  beings. 
Three  of  the  persons  here  exhibited  hold  the  thyr- 
sus, which  may  have  served  for  a  balancing-pole . 
two  are  performing  on  the  double  pipe,  and  one  on 
the  lyre  ;  two  others  are  pouring  wine  into  vessels 
of  different  forms.  They  all  have  their  heads  en- 
veloped in  skins  or  caps,  probably  intended  as  a 
protection  in  case  of  falling.  The  Emperor  Anto- 
ninus, in  consequence  of  the  fall  of  a  boy,  caused 
feather  beds  (culcitras)  to  be  laid  under  the  rope,  to 
obviate  the  danger  of  such  accidents.5  One  of  the 
most  difficult  exploits  was  running  down  the  rope3 
at  the  conclusion  of  the  performance.  It  was  a 
strange  attempt  of  Germanicus  and  of  the  Emperor 
Galba  to  exhibit  elephants  walking  on  the  rope.4 

FUNDA  (a<j)ev66v7i),  a  Sling.  The  light  troops 
of  the  Greek  and  Roman  armies  (p.  94)  consist- 
ed in  great  part  of  slingers  (funditores,  oQevdovTjrai). 
The  sling  was  also  very  much  employed  by  the 
Jews,  Phoenicians,  and  Egyptians,  by  the  Carduchi 
and  the  Persians,5  by  the  Spaniards,5  and  by  many 
other  nations.  The  manner  in  which  it  was  wield- 
ed may  be  seen  in  the  annexed  figure7  of  «i  soldier 


with  a  provision  of  stones  in  the  sinus  of  his  palli- 
um, and  with  his  arm  extended  in  order  to  whirl 
the  sling  about  his  head.8    Besides  stones,  plum- 

1.  (Juv.,  1.  c.)— 2.  (Capitol.,  M.  Anton.,  12.)— 3.  (Suet.,  Nero, 
11.— Brodsus  in  loc.) — 4.  (Plin.,  II.  N.,  viii.,  2.— Suet.,  Galb., 
6.— Sen.,  Epist.,  86.)—  5.,(Diod.  Sic,  xiv.,  27.— Id.,  xviu'.,  51.)— 
6.  (Strabo,  iii.,  p.  436,  edrSieb.)— 7.  (Bartoli,  Col.  Traj.,  t.  18.) 
—8.  (Virg.,  iEn.,  ix.,  5S7,  588.— Id.  ib.,  xi.,  579  ) 


FUNDUS. 


FUNUS. 


fnets,  called  glandes  (uo2.v6didec),  of  a  form  between 
acorns  and  almonds,  were  cast  in  moulds  to  be 
thrown  with  slings.1  They  have  been  found  on 
the  plain  of  Marathon,  and  in  other  parts  of  Greece, 
and  are  remarkable  for  the  inscriptions  and  devices 
which  they  exhibit,  such  as  thunderbolts,  the  names 
of  persons,  and  the  word  AESAI,  meaning  "  Take 
this."2 

The  celebrity  of  the  natives  of  the  Balearic  Isles 
as  slingers  is  said  to  have  arisen  from  the  circum- 
stance that,  when  they  were  children,  their  moth- 
ers obliged  them  to  obtain  their  food  by  striking  it 
with  a  sling.3  Among  the  Greeks,  the  Achaeans 
and  Acarnanians  attained  to  the  greatest  expert- 
ness  in  the  use  of  this  weapon. 

The  sling,  as  depicted  in  the  Egyptian  tombs,  had 
at  one  end  a  loop  for  making  it  fast  to  the  hand.  It 
was  made  of  wool,*  hair,  hemp,  or  leather5  (stupea  ;6 
habena1).  Its  advantages  were,  that  it  might  be 
carried  any  distance  without  the  slightest  inconve- 
nience ;  that  soldiers  accustomed  to  the  use  of  it 
might  employ  it  when  their  other  weapons  were 
unavailable  (positis  kastis6) ;  and  that  it  was  very 
effective  in  checking  an  enemy,  especially  in  stony 
places,  in  mountain  passes,  and  upon  eminences.9 
Hunters  also  used  the  sling  to  kill  their  game.10 

While  the  sling  was  a  very  efficacious  and  impor- 
tant instrument  of  ancient  warfare,  stones  thrown 
with  the  hand  alone  were  also  much  in  use  both 
among  the  Romans11  and  with  other  nations  (oi  ire- 
rpotcliOi}2).  The  Libyans  carried  no  other  arms 
than  three  spears  and  a  bag  full  of  stones.13 

The  casting-net  was  sometimes  called  funda.1* 
(Vid.  Rete.) 

FUNDUS.  The  primary  signification  of  this  word 
appears  to  be  the  bottom  or  foundation  of  a  thing  ; 
and  its  elementary  part  (fud)  seems  to  be  the  same 
as  that  of  (3vd,6g  and  Tcvd^rjv,  the  n  in  fundus  being 
used  to  strengthen  the  syllable.  The  conjectures 
of  the  Latin  writers  as  to  the  etymology  of  fundus 
may  be  safely  neglected. 

Fundus  is  often  used  as  applied  to  land,  the  solid 
substratum  of  all  man's  labours.  According  to  Flo- 
rentinus,15  the  term  fundus  comprised  all  land  and 
constructions  on  it ;  but  usage  had  restricted  the 
name  of  cedes  to  city  houses,  villa  to  rural  houses, 
*rea  to  a  plot  of  ground  in  a  ci*y  not  built  upon, 
ager  to  a  plot  of  ground  in  the  country,  and  fundus 
to  ager  cum  <zdificiis.  This  definition  of  fundus  may 
be  compared  with  the  uses  of  that  word  by  Horace 
and  other  writers.  In  one  passage,16  Horace  places 
domus  and  fundus  in  opposition  to  one  another,  do- 
mus  being,  apparently,  there  used  as  equivalent  to 
aedes. 

The  term  fundus  often  occurred  in  Roman  wills, 
and  the  testator  frequently  indicated  the  fundus  to 
which  his  last  dispositions  referred  by  some  name, 
such  as  Sempronianus,  Seianus ;  sometimes,  also, 
with  reference  to  a  particular  tract  of  country,  as 
Fundus  Trebatianus  qui  est  in  regione  Atellana.11  A 
fundus  was  sometimes  devised  cum  omni  instru- 
mento,  with  its  stock  and  implements  of  husbandry. 
Occasionally  a  question  arose  as  to  the  extent  of 
the  word  instrumentum,  between  or  among  the  par- 
ties who  derived  their  claim  from  a  testator.18 

Fundus  has  a  derived  sense  which  flows  easily 
enough  from  its  primary  meaning.  "  Fundus,"  says 
Festus,  "  dicitur  populus  esse  rei,  quam  alienat,  hoc 

1.  (Lucret.,  vi.,  176.— Ovid,  Met.,  ii.,  729.— Id.  ib.,  vii.,  778.— 
Id.  ib.,  xiv.,  825,  826.)— 2.  (Dodwell's  Tour,  vol.  ii.,  p.  159-161.— 
Bockh,  Corp.  Inscr.,  i.,  p.  311.)— 3.  (Veget.,  De  Re  Mil.,  i.,  16.) 
—4.  (Horn.,  II.,  xiii.,  599.)— 5.  (Veget.,  in.,  14.)— 6.  (Virg., 
Georg.,  i.,  309.)— 7.  (.En.,  xi.,  579.)— 8.  (Virg.,  1.  c.)— 9.  (Ve- 
aet.,  i.,  16.)— 10.  (Virg.,  Georg.,  i.,  309.)— 11.  (Veget.,  i.,  16.— 
Id.,  n.,  23  )— 12.  (Xen.,  Hellen.,  ii.,  4,  $  12.)— 13.  (Diod.  Sic, 
mi.,  49.)— 14.  (Virg.,  G*org.,  i.,  141.)— 15.  (Dig.  50,  tit.  16,  s. 
211.)— 16.  (Ep.,  I.,  ii  47.)— 17.  (Brissunius  De  Formulis,  vii., 
W.).-  18.  (Dig.  33,  tit.  17,  8.  12.) 


est  auctor."1  (Vid.  Auctor.)  In  this  sense  "fundus 
esse"  is  to  confirm  or  ratify  a  thing;  and  in  Gellius3 
there  is  the  expression  "  sententia  legisque  fundus 
subscriptorque  fieri."     (Vid.  Fcederati.) 

FUNDITO'RES.     (Vid.  Funda.) 

*FUNGUS  (jivkw),  the  Mushroom.  "  The  escu- 
lent mushrooms  of  the  ancients  comprehended,  no 
doubt,  the  Agaricus  campestris,  and  other  species  of 
this  genus.  The  Agaricus  acris  and  other  species 
were  embraced  under  their  poisonous  mushrooms. 
It  will  be  interesting  to  the  medical  student  to 
compare  the  account  of  the  poisonous  mushrooms 
given  by  Nicander,  with  Orfila's  observations  on  the 
same  in  his  work  '  on  Poisons.'  "3  Diphilus,  an  an- 
cient author  quoted  by  Athenaeus,  says  that  Fungi 
are  grateful  to  the  stomach,  laxative,  and  nutritious, 
but  of  difficult  digestion  and  flatulent.  Apicius  di- 
rects to  eat  them  with  pepper,  oil,  salt,  &c.  Horace 
points  out  the  best  kind  of  Fungi,  and  the  poets, 
generally,  mention  mushrooms  as  a  delicacy  at  thp 
tables  of  gourmands.* 

FUNIS.     (Vid.  Navis.) 

FUNUS.  It  is  proposed  in  the  following  article 
to  give  a  brief  account  of  Greek  and  Roman  funer- 
als, and  of  the  different  rites  and  ceremonies  con- 
nected therewith. 

The  Greeks  attached  great  importance  to  the  bu- 
rial of  the  dead.  They  believed  that  souls  could 
not  enter  the  Elysian  fields  till  their  bodies  had  been 
buried  ;  and,  accordingly,  we  find  the  shade  of  El- 
penor  in  the  Odyssey5  earnestly  imploring  Ulysses 
to  bury  his  body.  Ulysses  also,  when  in  danger  of 
shipwreck,  deplores  that  he  had  not  fallen  before 
Troy,  as  he  should  in  that  case  have  obtained  an 
honourable  burial.6  So  strong  was  this  feeling 
among  the  Greeks,  that  it  was  considered  a  reli- 
gious duty  to  throw  earth  upon  a  dead  body  which 
a  person  might  happen  to  find  unburied  ;7  and  among 
the  Athenians,  those  children  who  were  released 
from  all  other  obligations  to  unworthy  parents,  were 
nevertheless  bound  to  bury  them  by  one  of  Solon's 
laws.8  The  neglect  of  burying  one's  relatives  is 
frequently  mentioned  by  the  orators  aS  a  grave 
charge  against  the  moral  character  of  a  man,9  since 
the  burial  of  the  body  by  the  relations  of  the  dead 
was  considered  a  religious  duty  by  the  universal 
law  of  the  Greeks.  Sophocles  represents  Antigone 
as  disregarding  all  consequences  in  order  to  bury 
the  dead  body  of  her  brother  Polynices,  which 
Creon,  the  king  of  Thebes,  had  commanded  to  be 
left  unburied.  The  common  expressions  for  the 
funeral  rites,  ra  di/taia,  vo/2ifia  or  vofit^ofieva,  Trpoo7J- 
kovtci,  show  that  the  dead  had,  as  it  were,  a  legal 
and  moral  claim  to  burial. 

The  common  customs  connected  with  a  Greek 
funeral  are  described  by  Lucian  in  his  treatise  De 
Luctu;10  and  there  is  no  reason  for  supposing  that 
they  differ  much  from  those  which  were  practised 
in  earlier  times.  After  a  person  was  dead,  it  was 
the  custom  first  to  place  in  his  mouth  an  obolus, 
called  davunTi  (vid.  Danace),  with  which  he  might 
pay  the  ferryman  in  Hades.  The  body  was  then 
washed  and  anointed  with  perfumed  oil,  and  the 
head  was  crowned  with  the  flowers  which  happen- 
ed to  be  in  season.  The  deceased  was  then  dress- 
ed in  as  handsome  a  robe  as  the  family  could  afford, 
in  order,  according  to  Lucian,  that  he  might  not  be 
cold  on  the  passage  to  Hades,  nor  be  seen  naked  by 
Cerberus  ;  this  garment  appears  to  have  been  usu 

1.  (Compare  Plautus,  Trinum.,  V.,  i.,  7,  "fundus  potior.") — 
2.  (xix.,  8.)— 3.  (Theopbrast.,  H.  P.,  i.,  8.— Nicand.,  Alex.,  t 
520.— Orfila  on  Poisons,  ii.,  327.)— 4.  (Athen.,  Deipnos.,  ii.,  19 
— Adams,  Append.,  s.  v.  ixvktjs. — Horat.,  Sat.,  ii.,  4. — Juv.,  Sat., 
v.,  145. — Adams,  Commentary  on  Paul  of  iEgina,  p.  99.) — 5. 
(xi.,  66,  &c.)— 6.  (Od.,  v.,  311.)— 7.  (^1.,  Var.  Hist.,  v.,  14.)— 
8.  (jEscb.,  c.  Timarch.,  p.  40.)— 9.  (Demosth.,  c  Aristog.,  i.,  p 
787,  t>  2.— Lys.,  c.  Phil.,  p.  883  ;  c  Alcib.,  p.  539.)— 10  <c.  If* 
&c,  vol.  ii.,  p.  926,  ed.  Reitz.) 

455 


FUNUS. 


FUNUS. 


ally  white.1  These  duties  were  not  performed  by 
hired  persons,  like  the  pollinctorcs  among  the  Ro- 
mans, but  by  the  women  of  the  family,  upon  whom 
the  care  of  the  corpse  always  devolved.2 

The  corpse  was  then  laid  out  {Kpodeoig,  Trportdea- 
Oai)  on  a  bed  (kMvij),  which  appears  to  have  been 
of  the  ordinary  kind,  with  a  pillow  (irpocneyakaiov) 
for  supporting  the  head  and  back.3  It  is  said  that 
the  bed  on  which  the  corpse  was  laid  out  was  ori- 
ginally placed  outside  the  house  ;*  but  at  Athens 
we  know  it  wTas  placed  inside,  by  one  of  Solon's 
laws.6  The  object  of  this  formal  irpodecric  was,  that 
it  might  be  seen  that  the  deceased  had  died  natu- 
rally, and  that  no  violence  had  been  done  to  him.6 
Plato7  assigns  another  reason,  namely,  that  there 
might  be  no  doubt  that  the  person  was  dead,  and 
says  that  the  body  ought  only  to  be  kept  in  the 
house  so  long  as  may  be  necessary  to  ascertain 
that  fact.  By  the  side  of  the  bed  there  were  placed 
painted  earthen  vessels  called  hijuvdoi* w7hich  were 
also  buried  with  the  corpse ;  examples  of  which 
may  be  seen  in  the  drawings  of  the  coffins  given 
by  Bottiger9  and  Stackelberg.10  Great  numbers  of 
these  painted  vases  have  been  found  in  modern 
times,  and  they  have  been  of  great  use  in  explain- 
ing many  matters  connected  with  antiquity.  A  hon- 
ey-cake, called  /xeXtrrovra,  which  appears  to  have 
been  intended  for  Cerberus,  was  also  placed  by  the 
side  of  the  corpse.11  Before  the  door  a  vessel  of 
water  was  placed,  called  oarpaaov,  apdaliov  or  ap- 
daviov,  in  order  that  persons  who  had  been  in  the 
house  might  purify  themselves  by  sprinkling  water 
on  their  persons.12  The  relatives  stood  around  the 
bed,  the  women  uttering  great  lamentations,  rend- 
ing their  garments,  and  tearing  their  hair.13  Solon 
attempted  to  put  a  stop  to  this,14  but  his  regulations 
on  the  subject  do  not  appear  to  have  been  generally 
observed.  It  was  formerly  the  practice  to  sacrifice 
victims  before  carrying  out  the  dead  ;  but  this  cus- 
tom was  not  observed  in  the  time  of  Plato.15  No 
females  under  60  years  of  age,  except  the  nearest 
relatives  (evrog  dvefiadtiv),  were  allowed  to  be  pres- 
ent while  the  corpse  was  in  the  house.16 

On  the  day  after  the  Trpodeaig,  or  the  third  day 
after  death,  the  corpse  was  carried  out  (kictyopd,  £k- 
nofiidrj)  for  burial  early  in  the  morning  and  before 
sunrise,  by  a  law  of  Solon,  which  law  appears  to 
have  been  revived  by  Demetrius  Phalereus.17  A 
burial  soon  after  death  was  supposed  to  be  pleasing 
to  the  dead.  Thus  we  find  the  shade  of  Patroclus 
saying  to  Achilles,18 

0a7rre  fie  ottl  rdxiOTa,  iruXac  dldao  ireprjou. 

In  some  places  it  appears  to  have  been  usual  to 
bury  the  dead  on  the  day  following  death.19  The 
men  walked  before  the  corpse,  and  the  women  be- 
hind.20 The  funeral  procession  was  preceded  or 
followed  by  hired  mourners  (^p^v^Sol),  who  appear 
to  have  been  usually  Carian  women,  though  Plato 
speaks  of  men  engaged  in  this  office.  They  played 
mournful  tunes  on  the  flute.*1 

The  body  was  either  buried  or  burned.  Lucian" 
^ays  that  the  Greeks  burn  and  the  Persians  bury 
their  dead ;  but  modern  writers  are  greatly  divided 

1.  (II.,  xviii.,  353. — Artemidor.,  Oneirocr.,  ii.,  3.) — 2.  (Issus, 
De  Philoct.  haered.,  p.  143.— Id.,  De  Ciron.  hsered.,  p.  209.)— 3. 
(Lj's.,  c.  Eratosth.,  p.  395.) — 4.  (Schol.  ad  Aristoph.,  Lvsistr., 
611.)— 5.  (Demosth.,  c.  Macart.,  p.  1071.)— 6.  (Pollux,  Onom., 
viii.,  65.)— 7.  (Leg.,  xii.,  9,  p.  959.)— 8.  (Aristoph.,  Eccl.,  1032, 
996.)— 9.  ("  Vaseng.,"  title-page.)— 10.  (Die  Graber  der  Helle- 
nen,  pi.  8.) — 11.  (Aristoph.,  Lysistr.,  601,  with  schol.' — Compare 
Virg.,  JEn.,  vi.",  419.)— 12.  (Aristoph.,  Eccl.,  1033.  — Pollux, 
Ouom.,  viii.,  65. — Hesych.,  s.  v.  'Apo".) — 13.  (Lucian,  lb.,  12.) — 
14.  (Plut.,  Sol.,  12,  21.)— 15.  (Min.,  c.  5,  p.  315.)— 16.  (Demosth., 
c.  Macart.,  p.  1071.) — 17.  (Demosth.,  1.  c. — Antiph.,  De  Chor., 
p.  782.— l..c,  De  Leg.,  ii.,  26.)— 18.  (II.,  xxiii.,  71.— Compare 
Xen.,  Mem.,  i.,  2,  t>  53.)— 19.  (Callim.,  Epigr.,  15.— Diog.  Laert., 
i.,  122.)— 20.  (Demosth.,  1.  c.)— 21.  (Plat.,  Leg.,  vii.,  9,  p.800.— 
Hftsych.,  ?.  v.  Kapivai.—T  '  lux,  Onom.,  iv.,  75.)— 22.  (lb.,  21.) 
456 


in  opinion  as  to  which  was  th«.  usual  practice. 
Wachsmuth1  says  that  in  historical  times  the  dead 
were  always  buried  ;  but  this  statement  is  not 
strictly  correct.  Thus  we  find  that  Socrates  speaks 
of  his  body  being  either  burned  or  buried  ;a  the 
body  of  Timoleon  was  burned,3  and  so  was  that  of 
Philopoemon.*  The  word  ddnTeiv  was  used  in  con  - 
nexion  with  either  mode ;  it  is  applied  to  the  col 
lection  of  the  ashes  after  bu  ning,  and  accordingly 
we  find  the  words  tcaieiv  and  -ddirTELv  used  togeth- 
er.5 The  proper  expression  for  interment  in  the 
earth  is  KaropvrTeiv,  whence  we  find  Socrates  speak- 
ing of  to  aujia  ij  ttaofievov  t/  Karopyrrd/ievov.  In 
Homer  the  bodies  of  the  dead  are  burned  ;s  but  in- 
terment was  also  used  in  very  ancient  times.  Ci- 
cero7 says  that  the  dead  were  buried  at  Athens  in 
the  time  of  Cecrops ;  and  we  also  read  of  the  bones 
of  Orestes  being  found  in  a  coffin  at  Tegea.8  The 
dead  were  commonly  buried  among  the  Spartans9 
and  the  Sicyonians  ;10  and  the  prevalence  of  this 
practice  is  proved  by  the  great  number  of  skele- 
tons found  in  coffins  in  modern  times,  which  have 
evidently  not  been  exposed  to  the  action  of  fire. 
Both  burning  and  burying  appear  to  have  been  al- 
ways used  to  a  greater  or  less  extent  at  different 
periods,  till  the  spread  of  Christianity  at  length  put 
an  end  to  the  former  practice. 

The  dead  bodies  were  usually  burned  on  piles  of 
wood  called  nvpai.  The  body  was  placed  on  the 
top ;  and  in  the  heroic  times  it  was  customary  to 
burn  with  the  corpse  animals,  and  even  captives  or 
slaves.  Thus,  at  the  funeral  of  Patroclus,  Achilles 
killed  many  sheep,  oxen,  horses,  and  dogs,  and  also 
twrelve  captive  Trojans,  whose  bodies  he  burned 
with  those  of  his  friend.11  Oils  and  perfumes  were 
also  thrown  into  the  flames.  When  the  pyre  was 
burned  dowTn,  the  remains  of  the  fire  were  quench- 
ed with  wine,  and  the  relatives  and  friends  collect" 
ed  the  bones.12  The  bones  were  then  washed  with 
wine  and  oil,  and  placed  in  urns,  which  were  some- 
times made  of  gold.13 

The  corpses  wThich  were  not  burned  were  buried 
in  coffins,  which  were  called  by  various  names,  as 
copoi,  7rve2.ot,  fajvoi,  ?\.dpva.Keg,  dpotrai,  though  some 
of  these  names  were  also  applied  to  the  urns  in 
which  the  bones  were  collected.  They  were  made 
of  various  materials,  but  were  usually  of  baked  clay 
or  earthenware.  Their  forms  are  very  various,  as 
may  be  seen  by  a  reference  to  Stackelberg,  Die 
Graber  der  Hellenen,  pi.  7,  8.  The  following  wood- 
cut contains  two  of  the  most  ancient  kind  -,  thp 
figure  in  the  middle  is  the  section  of  one. 


The  dead  were  usually  buried  outside  the  town, 
as  it  was  thought  that  their  presence  in  the  city 
brought  pollution  to  the  living.  At  Athens  the 
dead  were  formerly  buried  in  their  own  houses,1* 
but  m  historical  times  none  were  allowed  to  be 
buried  within  the  city.15  Lycurgus,  in  order  to  re- 
move all  superstition  respecting  the  presence  of 
the  dead,  allowed  of  burial  in  Sparta  ;16  and  at  Me- 
gara,  also,  the  dead  were  buried  within  the  town.17 

Persons  who  possessed  lands  in  Attica  were  fre- 
quently buried  in  them,  and  we  therefore  read  of 
tombs  in  the  fields.18     Tombs,  however,  were  most 

•  1  (Hwlleii  Alterthumsk.,  ii.,  2,  p.  79.)— 2.  (Plat.,  Pha;dr  ,  c. 
148,  p.  115.)-  3.  (Plut.,  Timol.,  39.)— 4.  (Id.,  Philop.,  21.)— 5. 
(Dionys.  Hal.,  Ant.  Rom.,  v.,  48.)— 6.  (II.,  xxiii.,  127,  &c. — lb., 
xxiv.,  787,  &c.)— 7.  (De  Leg.,  ii.,  25.)— 8.  (Herod.,  i.,  68.— Cora- 
pare  Plut.,  Sol.,  10.)— 9.  (Plut.,  Lycurg.,  27. — Compare  Thucyd  , 
i.,  134.)— 10.  (Paus.,  ii.,  7,  I)  3.)— 11.  (II.,  xxiii.,  165,  &c.)— 12 
(II.,  xxiv.,  791.)— 13.  (Od.,  xxiv.,  71,  &c.)— 14.  (Plat.,  Min.,  1 
c.)— 15.  (Cic.  ad  Fam.,  iv.,  12,  i>  3.)— 16.  (Plut.,  Lycurg.,  27.)  — 
17.  (Paus.,  i.,  43,  $  2.)— 13  (Demosth.,  c.  Euerg.,  p.  1159  — 
Donat.  ad  Tei.,  Eun.  Prol.,  10.) 


FUNUS. 


FUNUS. 


frequently  built  by  the  side  of  roads  and  near  the 
gates  of  the  city'  Thus  the  tomb  of  Thucydides 
was  near  the  Melitian  gate  ;l  but  the  most  com- 
mon place  of  burial  was  outside  of  the  Itonian  gate, 
near  the  road  leading  to  the  Peiraeus,  which  gate 
was  for  that  reason  called  the  burial-gate  ('Hpicu 
nvlai2).  Those  who  had  fallen  in  battle  were  bu- 
ried at  the  public  expense  in  the  outer  Cerameicus, 
on  the  road  leading  to  the  Academia.3 

The  tombs  were  regarded  as  private  property, 
and  belonged  exclusively  to  the  families  whose  rel- 
atives had  been  buried  in  them.* 

Tombs  were  called  drjuai,  rdQot,  fivfifiara,  fiv-rjfiela, 
ai/fiara.  Many  of  these  were  only  mounds  of  earth 
or  stones  (x<^)lxara.  *o?Mvai,  tv/iSoc).  Others  were 
built  of  stone,  and  frequently  ornamented  with  great 
taste.  Some  of  the  most  remarkable  Greek  tombs 
are  those  which  have  been  recently  discovered  in 
Lycia  by  Mr.  Fellows.  In  the  neighbourhood  of 
Antiphellus  the  tombs  are  very  numerous.  They 
all  have  Greek  inscriptions,  which  are  generally 
much  destroyed  by  the  damp  sea-air.  The  follow- 
ing woodcut,  taken  from  Mr.  Fellows's  work,6  con- 
tains one  of  these  tombs,  and  will  give  an  idea  of 
the  general  appearance  of  the  whole. 


At  Xanthus  the  tombs  are  still  more  numerous. 
They  are  cut  into,  or  are  formed  by  cutting  away, 
the  rock,  leaving  the  tombs  standing  like  works  of 
sculpture.6  The  same  is  the  case  at  Telmessus, 
where  they  are  cut  out  of  the  rock  in  the  form  of 
temples.  They  are  generally  approached  by  steps, 
and  the  columns  of  the  portico  stand  out  about  six 
feet  from  the  entrance  to  the  cella ;  the  interiors 
vary  but  little  ;  they  are  usually  about  six  feet  in 
height,  and  nine  feet  by  twelve  in  size.  One  side 
is  occupied  by  the  door,  and  the  other  sides  contain 
benches  on  which  the  coffins  or  urns  have  been 
placed.7 

Some  Greek  tombs  were  built  under  ground,  and 
called  hypogca  (vnoyaia  or  vnoyua).  They  corre- 
spond to  the  Roman  conditoria*  {Vid.  Conditori- 
um.) 

At  Athens  the  dead  appear  to  have  been  usually 
buried  in  the  earth,  and  originally  the  place  of  their 
interment  was  not  marked  by  any  monument.9  Af- 
terward, however,  so  much  expense  was  incurred 
in  the  erection  of  monuments  to  the  deceased,  that 
it  was  provided  by  one  of  Solon's  laws  that  no  one 

1.  (Paus.,  i.,  23,  $  11.)— 2.  (Etyra.  Mag.  and  Harpocr.,  s.  v.— 
Theophrast.,  Char.,  14.)— 3.  (Thucyd.,  ii.,  34.— Paus.,  i.,  29,  I) 
4.)— 4.  (Demosth.,  c.  Eubul.,  p.  1307  ;  c.  Macart.,  1077.— Cic, 
De  Leg.,  ii.,  26.)— 5.  (Excursion  in  Asia  Minor,  p.  219.)— 6.  (lb., 

L226.)— 7.  (lb.,  p.  245.)— 8.  (Petron.,  c.  ID  )— 9.  (Cic,  De 
g  ,h .,  25.) 

Mn 


should  erect  a  monument  which  could  not  be  com- 
pleted by  ten  men  in  the  course  of  t'lree  days.' 
This  law,  however,  does  not  seem  to  have  been 
strictly  observed.  We  read  of  one  monument  which 
cost  twenty-five  minee,8  and  of  another  which  cost 
more  than  two  talents.3  Demetrius  Phalereus  also 
attempted  to  put  a  stop  to  this  expense  by  forbid- 
ding the  erection  of  any  funeral  monument  more 
than  three  cubits  in  height.* 

The  monuments  erected  over  the  graves  of  per 
sons  were  usually  of  four  kinds:  1.  orr/hai,  pillars 
or  upright  stone  tablets ;  2  kiove?,  columns  ;  3. 
vatdia  or  Tjptia,  small  buildings  in  the  form  of  tem- 
ples ;  and,  4.  rpuize&i,  flat  square  stones,  called 
by  Cicero5  mensa.  The  term  crfiXai  is  sometimes 
applied  to  all  kinds  of  funeral  monuments,  but 
properly  designates  upright  stone  tablets,  which 
were  usually  terminated  with  an  oval  heading 
called  E7ri6r]ixa.  These  £Kid?'/fj.a,Ta  were  frequently 
ornamented  with  a  kind  of  arabesque  work,  as  in 
the  two  following  specimens  taken  from  Stackel- 
berg.6   The  shape  of  the  kTtidrjfia,  however,  some- 


times differed :  among  the  Sicyonians  it  was  in  the 
shape  of  the  aero?  or  fastigium  {vid.  Fastigium), 
which  is  placed  over  the  extremity  of  a  temple. 

The  Kioveg  or  columns  were  of  various  forms. 
The  three  in  the  following  woodcut  are  taken  from 
Stackelberg7  and  Millin.8 


The  following  example  of  an  rjp&ov,  which  is  also 
taken  from  Stackelberg,9  will  give  a  general  idea  of 
monuments  of  this  kind.  Another  rjptiov  is  given 
in  the  course  of  this  article. 

The  inscriptions  upon  these  funeral  monuments 
usually  contain  the  name  of  the  deceased  person, 
and  that  of  the  demus  to  which  he  belonged,  as  well 
as,  frequently,  some  account  of  his  life.  A  work  on 
these  monuments,  entitled  Hepl  MvTj/idTuv,  was  writ- 
ten by  Diodorus  Periegetes.10 

Orations  in  praise  of  the  dead  were  sometimes 
pronounced  ;  but  Solon  ordained  that  such  orations 
should  be  confined  to  persons  who  were  honoured 
with  a  public  funeral  n     In  the  heroic  ages  games 


ii.,  26.)— 2.  (Lvs.,  c.  Diog.,  p.  905.)— 3.  (Demosth.,  c. 
p.  1125,  15.)— 4.  (Cic., ,  1.  c.)— 5.  (1.  <:.)— 6.  (pi.  3.)- 


1.  (Id., 
Steph.,  i. 

7.  (pi.  44,"46.)— 8.  (Feint,  de  Vases  Ant.,  vol.  ii.,  pi.  51.)—  9 
(pi.  1.)— 10.  (Plot.,  Them  ,  32.)— 11.  (Cic  ,  De  Leg.,  \i.,  26  ) 

457 


rdNus. 


FUNUS. 


«f**re  ceL-brated  at  the  funeral  of  a  great  man,  as  in 
the  ease  of  Patroclus  ;l  but  this  practice  does  not 
snera  to  have  been  usual  in  the  historical  times. 


A.11  persons  who  had  been  engaged  in  funerals 
were  considered  polluted,  and  could  not  enter  the 
temples  of  the  gods  till  they  had  been  purified.  Those 
persons  who  were  reported  to  have  died  in  foreign 
countries,  and  whose  funeral  rites  had  been  per- 
formed in  their  own  cities,  were  called  vorepbnoTfioi 
and  ikvrepoTTOTjj.01  if  they  were  alive.  Such  persons 
were  considered  impure,  and  could  only  be  delivered 
from  their  impurity  by  being  dressed  in  swaddling 
clothes,  and  treated  like  newborn  infants.2 

After  the  funeral  was  over  the  relatives  partook 
of  a  feast,  which  was  called  nepidemvov  or  veitpo- 
aeLTrvov.3  This  feast  was  always  given  at  the  house 
of  the  nearest  relative  of  the  deceased.  Thus  the 
relatives  of  those  who  had  fallen  at  the  battle  of 
Chaeroneia  partook  of  the  irepidenrvov  at  the  house 
of  Demosthenes,  as  if  he  were  the  nearest  relative 
to  them  all.4  These  feasts  are  frequently  repre- 
sented on  funeral  monuments.  In  one  corner  a 
horse's  head  is  usually  placed,  which  was  intended 
to  represent  death  as  a  journey.  The  following 
woodcut,  which  represents  a  ixepidet'Kvov  or  veupb- 
detTvov,  is  taken  from  the  Marmora  Oxon.,  i.,  tab.  52, 
No.  135.  A  similar  example  of  a  nepide  envoy  is 
j_iven  at  the  beginning  of  Hobhouse's  Travels.5 


On  the  second  day  after  the  funeral  a  sacrifice  to 
the  dead  was  offered,  called  rpt-a.  Pollux6  enu- 
merates in  order  all  the  sacrifices  and  ceremonies 
which  followed  the  funeral :  rplra,  evvara,  rptaKa- 

1.  (II.,  xxiii.)— 2.  (Hesych.,  s.  v.— Plut.,  Quaest.  Rom.,  5.)— 
3.  (Lucian,  lb.,  c.  24.— Cic,  De  Leg.,  ii.,  25.) — 4.  (Demosth., 
Pro  Coron.,  p.  321,  15.)  —  5.  (Compare  Miiller,  Archaeol.  der 
Kunst,  i)  428,  2.)— 6.  (Onoro    viii.,  146.) 
458 


dec,  evayia\iara,  xoat-  Aristophanes1  alludes  t«0  the 
rpira.  The  principal  sacrifice,  however,  to  the 
dead  was  on  the  ninth  day,  called  evvara  or  Ivara* 
The  mourning  for  the  dead  appears  to  have  lasted 
till  the  thirtieth  day  after  the  funeral,3  on  which 
day  sacrifices  were  again  offered.*  At  Sparta  the 
time  of  mourning  was  limited  to  eleven  days.8 
During  the  time  of  mourning  it  was  considered  in- 
decorous for  the  relatives  of  the  deceased  to  appear 
in  public  :6  they  were  accustomed  to  wear  a  black 
dress,7  and  in  ancient  times  cut  off  their  hair  as  a 
sign  of  grief  (IHbaa/uog  TrevdrjTJjpiog6). 

The  tombs  were  preserved  by  the  family  to  which 
,  they  belonged  with  the  greatest  care,  and  were  re- 
garded as  among  the  strongest  ties  which  attached 
a  man  to  his  native  land.9  In  the  Docimasia  of  the 
Athenian  archons  it  was  always  a  subject  of  inquiry 
whether  they  had  kept  in  proper  repair  the  tombs 
of  their  ancestors.10  On  certain  days  the  tombs 
were  crowned  with  flowers,  and  offerings  were 
made  to  the  dead,  consisting  of  garlands  of  flowers 
and  various  other  things  ;  for  an  account  of  which, 
see  ^Eschyl.,  Pers.,  609,  &c. ;  Choeph.,  86,  &c.  The 
act  of  offering  these  presents  was  called  evayi^eiv., 
and  the  offerings  themselves  evayiafiaTa,  or,  more 
commonly,  %oai.  Such  offerings  at  the  tombs  are 
represented  upon  many  ItjkvOol,  or  painted  vases, 
of  which  an  example  is  given  in  the  following  wood- 
cut.11 The  tomb  is  built  in  the  form  of  a  temple 
{jip&ov),  and  upon  it  is  a  representation  of  the  de- 
ceased. See  also  Stackelberg,  pi.  44-46,  and  Mil- 
lin,  vol.  ii.,  pi.  32,  38,  for  farther  examples. 


The  yeveaia  mentioned  by  Herodotus18  appear  to 
have  consisted  in  offerings  of  the  same  kind,  which 
were  presented  on  the  anniversary  of  the  birthday 
of  the  deceased.  The  veicvoia  were  probably  offer- 
ings on  the  anniversary  of  the  day  of  the  death  ; 
though,  according  to  some  writers,  the  ve/evcta  were 
the  same  as  the  yeveaia.13  Meals  were  also  pre- 
sented to  the  dead,  and  burned.14 

Certain  criminals,  who  were  put  to  death  by  the 
state,  were  also  deprived  of  the  rites  of  burial, 
which  was  considered  as  an  additional  punishment. 
There  were  certain  places,  both  at  Athens  and 
Sparta,  where  the  dead  bodies  of  such  criminals 
were  cast.15  A  person  who  had  committed  suicide 
was  not  deprived  of  burial,  but  the  hand  with  which 
he  had  killed  himself  was  cut  off  and  buried  by  it- 

1.  (Lysistr.,  611,  with  schol.)— 2.  (iEschiii.,  c.  Ctes.,  p.  617. 
— Isaeus,  De  Ciron.  haered.,  p.  224.)- 3.  (Lys.,  De  Caed.  Erat., 
p.  16.)— 4.  (Harpocrat.,  s.  v.  Tpiaicdg.)—  5.  (Plut.,  Lye,  27.)— 6. 
(^Eschin.,  c.  Ctes.,  p.  468,  469.)— 7.  (Eurip.,  Helen.,  1087.- 
Iphig-.  Aul.,  1438.—  Isaeus,  De  Nicostr.  haered.,  p.  71.— Plut., 
Pericl.,  38.)— 8.  (JEschyl.,  Choeph.,  7.) -'3.  (iEschyl.,  Pers., 
405.— Lycur^.,  c.  Leocr.,  p.  141.)— 10.  (Xen.,  Mem.,  ii.,  2,$  13.) 
—11.  (Millin,  Peint.  de  Vases  Ant.,  vol.  ii.,  pi.  27.)— 12.  (nr., 
26.)— 13.  (Hesych.,  s.  v.  Tivhia  — Grammatt.  Dekker,  p.  231.) 
—II.  (Lucian,  ContempL,  p.  22,  vol.  i.,  p.  519,  ed.  Reitz. — Id., 
De  Merc.  Conduct.,  28,  p.  687- — Artemidor  ,  Oneirocr.,  iv.,  81.) 
—15.  (Plut.,  Them.,  22.— Thucyd.,  i.,  134.) 


FUNUS. 


FUNUS. 


self.1  The  bodies  of  those  persons  who  had  been 
struck  by  lightning  were  regarded  as  sacred  (iepol 
venpoi);  they  were  never  buried  with  others,"  but 
usually  on  the  spot  where  they  had  been  struck.3 

(Vid.  BlDENTAL.) 

We  now  proceed  to  give  an  account  of  Roman 
funerals.  They  were  conducted,  in  some  respects, 
in  the  same  manner  as  Greek  funerals  ;  but  as  they 
differ  in  many  important  particulars,  a  separate  ac- 
count of  each  is  given  in  this  article. 

When  a  Roman  was  at  the  point  of  death,  his 
neaj  3st  relative  present  endeavoured  to  catch  the 
last  breath  with  his  mouth.4  The  ring  was  taken 
off  the  finger  of  the  dying  person  ;5  and  as  soon  as 
he  was  dead,  his  eyes  and  mouth  were  closed  by 
the  nearest  relative,6  who  called  upon  the  deceased 
by  name  (inclamare,  conclamare),  exclaiming  have  or 
vale.1  The  corpse  was  then  washed,  and  anointed 
with  oil  and  perfumes  by  slaves,  called  Pollinctores, 
who  belonged  to  the  Libitinarii,  or  undertakers, 
called  by  the  Greeks  vEKpoddirTat*  The  Libitinarii 
appear  to  have  been  so  called  because  they  dwelt 
near  the  Temple  of  Venus  Libitina,  where  all  things 
requisite  for  funerals  were  sold.9  Hence  we  find 
the  expressions  vitare  Libitinam  and  evadere  Libiti- 
nam  used  in  the  sense  of  escaping  death.10  At  this 
temple  an  account  {ratio,  ephemeris)  was  kept  of 
those  who  died,  and  a  small  sum  was  paid  for  the 
registration  of  their  names.11 

A  small  coin  was  then  placed  in  the  mouth  of  the 
corpse,  in  order  to  pay  the  ferryman  in  Hades,12 
and  the  body  was  laid  out  on  a  couch  in  the  vesti- 
bule of  the  house,  with  its  feet  towards  the  door, 
and  dressed  in  the  best  robe  which  the  deceased 
had  worn  when  alive.  Ordinary  citizens  were 
dressed  in  a  white  toga,  and  magistrates  in  their 
official  robes.13  If  the  deceased  had  received  a 
crown,  while  alive,  as  a  reward  for  his  bravery,  it 
was  now  placed  on  his  head,1*  and  the  couch  on 
which  he  was  laid  was  sometimes  covered  with 
leaves  and  flowers.  A  branch  of  cypress  was  also 
usually  placed  at  the  door  of  the  house,  if  he  was 
a  person  of  consequence.15 

Funerals  were  usually  called  funera  justa  or  ex- 
sequiaz;  the  latter  term  was  generally  applied  to 
the  funeral  procession  (pompa  funebris).  There 
were  two  kinds  of  funerals,  public  and  private ;  of 
which  the  former  was  called  funus  publicum16  or  in- 
dictivum,  because  the  people  were  invited  to  it  by  a 
herald  ;17  the  latter,  funus  taciturn,1*  translatitium,19 
or  plebeium.  A  person  appears  to  have  usually  left 
a  certain  sum  of  money  in  his  will  to  pay  the  ex- 
penses of  his  funeral ;  but  if  he  did  not  do  so, 
nor  appoint  any  one  to  bury  him,  this  duty  devolved 
upon  the  persons  to  whom  the  property  was  left, 
and  if  he  died  without  a  will,  upon  his  relatives  ac- 
cording to  their  order  of  succession  to  the  property.20 
The  expenses  of  the  funeral  were  in  such  cases  de- 
cided by  an  arbiter  according  to  the  property  and 
rank  of  the  deceased,21  whence  arbitria  is  used  to 
signify  the  funeral  expenses.22  The  following  de- 
scription of  the  mode  in  which  a  funeral  was  con- 
ducted only  applies  strictly  to  the  funerals  of  the 
great ;  the  same  pomp  and  ceremony  could  Taot,  of 

1.  (^Eschin.,  c.  Ctes.,  p.  636,  637.)— 2.  (Eurip.,  Sup^L,  935.) 
— 3.  (Artemid.,  Oneirocr.,  ii.,  9,  p.  146.) — 4.  (Virg.,  JEii.,  it., 
684.— Cic,  Verr.,  v.,  45.)— 5.  (Suet.,  Tib.,  73.)— 6.  (Virg.,  JEn., 
ix.,  487.)— 7.  (Ovid,'  Trist.,  III.,  iii.,  43.— Id.,  Met.,  x.,  62.— Id., 
Fast.,  iv.,  852.— CatulL,  ci.,  10.)— 8.  (Dig.  14,  tit.  3,  s.  5,  $  8.)— 
9.  (Senec,  De  Benef.,  vi.,  38.— Plut.,  Quoest.  Rom.,  23.— Liv., 
xli.,  21.— Plut.,  Num.,  12.)— 10.  (Hor.,  Carm.,  III.,  xxx.,  6.— 
Juv.,  xii.,  122.)— 11.  (Suet.,  Ner.,  39.— Dionys.  Hal.,  Ant.  Rom., 
iv.,  15.)— 12.  (Juv.,  iii.,  267.)— 13.  (Juv.,  iii.,  172.— Liv.,  xxxiv., 
7.— Suet.,  Ner.,  50.)— 14.  (Cic,  De  Leg.,  ii.,  24.)— 15.  (Lucan., 
iii.,  442.— Hor.,  Carm.,  II.,  xiv.,  23.)— 16.  (Tacit.,  Ann.,  vi.,  11.) 
—17.  (Festus,  s.  v.— Cic,  De  Leg.,  ii.,  24.)— 18.  (Ovid,  Trist., 
V,  iii.,  22.)— 19.  (Suet.,  Ner.,  33.)— 20.  (Dig.  11,  tit.  7,  s.  12.)— 
21.  (Dig.,  1.  c.)— 22.  (Cic,  Pro  Dom.,  37.— Id.,  post  Red.  in 
Sen..  7,  -Id.  in  Pis.,  9.) 


course,  be  observed  in  the  case  of  persons  in  ordi- 
nary circumstances. 

All  furerals  in  ancient  times  were  performed  a\ 
night  ,a  out  afterward  the  poor  only  were  buried  at 
night,  because  they  could  not  afford  to  have  anv 
funeral  procession.2  The  corpse  was  usually  car- 
ried out  of  the  house  (efferebatur)  on  the  eighth  day 
after  the  death.3  The  order  of  the  funeral  pro- 
cession was  regulated  by  a  person  called  Designator 
or  Dominus  Funeris,  who  was  attended  by  lictors 
dressed  in  black.*  It  was  headed  by  musician  of 
various  kinds  (cornicines,  siticines),  who  played 
mournful  strains,5  and  next  came  mourning  women, 
called  PrceficcE,6  who  were  hired  to  lament  and  sing 
the  funeral  song  {namia  or  lessus)  in  praise  of  the 
deceased.  These  were  sometimes  followed  by  play 
ers  and  buffoons  (scurr»)  histriones),  of  whom  one, 
called  Archimimus,  represented  the  character  of  the 
deceased,  and  imitated  his  words  and  actions.7 
Then  came  the  slaves  whom  the  deceased  had  lib- 
erated, wearing  the  cap  of  liberty  (pileati);  the 
number  of  whom  was  occasionally  very  great,  since 
a  master  sometimes  liberated  all  his  slaves  in  his 
will,  in  order  to  add  to  the  pomp  of  his  funeral.8 
Before  the  corpse  the  images  of  the  deceased  and 
of  his  ancestors  were  carried,9  and  also  the  crowns 
or  military  rewards  which  he  had  gained.10 

The  corpse  was  carried  on  a  couch  (lectica),  to 
which  the  name  of  Feretrum11  or  Capulum1*  was  usu- 
ally given  ;  but  the  bodies  of  poor  citizens  and  of 
slaves  were  carried  on  a  common  kind  of  bier  or 
coffin,  called  Sandapila.13  The  Sandapila  was  car- 
ried by  bearers,  called  Vespce  or  Vespillones,1*  be- 
cause, according  to  Festus,15  they  carried  out  the 
corpses  in  the  evening  (vespertine-  tempore).  The 
couches  on  which  the  corpses  of  the  rich  were  car- 
ried were  sometimes  made  of  ivory,  and  covered 
with  gold  and  purple.16  They  were  often  carried 
on  the  shoulders  of  the  nearest  relatives  of  the  de- 
ceased,17 and  sometimes  on  those  of  his  frtedmen.18 
Julius  Caesar  was  oarried  by  the  magistrates, 9  and 
Augustus  by  the  senators.20 

The  relatives  of  the  deceased  walked  behind  tha 
corpse  in  mourning ;  his  sons  with  their  heads  veil- 
ed, and  his  daughters  with  their  heads  bare  and 
their  hair  dishevelled,  contrary  to  the  ordinary  prac- 
tice of  both.31  They  often  uttered  loud  lamenta- 
tions, and  the  women  beat  their  breasts  and  tore 
their  cheeks,  though  this  was  forbidden  by  the 
Twelve  Tables  (Mulieres  genas  ne  radunto™).  If  the 
deceased  was  of  illustrious  rank,  the  funeral  pro- 
cession went  through  the  Forum,23  and  stopped  be- 
fore the  rostra,  where  a  funeral  oration  (laudatio)  in 
praise  of  the  deceased  was  delivered.2*  This  prac- 
tice was  of  great  antiquity  among  the  Romans,  and 
is  said  by  some  writers  to  have  been  first  introduced 
by  Poplicola,  who  pronounced  a  funeral  oration  in 
honour  of  his  colleague  Brutus.25  Women,  also, 
were  honoured  by  funeral  orations.26  From  the 
Forum  the  corpse  was  carried  to  the  place  of 
burning  or  burial,  which,  according  to  a  law  of 


1.  (Serv.  ad  Virg.,  iEn.,  xi.,  143. — Isidor.,  xi.,  2. — Id.,xx.,  10  ) 
— 2.  (Festus,  s.  v.  Vespje. — Sueton.,  Dom.,  17. — Dionys.  Hal, 
iv.,  40.)— 3.  (Serv.  ad  Virg.,  JEn.,  v.,  64.)— 4.  (Donat.  ad  Ter., 
Adelph.,  I.,  ii.,  7. — Cic,  De  Leg.,  ii.,  24. — Hor.,Ep.,  I.,  vii.,  6.> 
—5.  (Cic,  lb.,  ii.,  23.— GelL,  xx.,  2.)— 6.  (Festus,  s.  v.)— 7 
(Suet.,  Vesp.,  19.) — 8.  (Dionys.  Hal.,  iv.,  24. — Compare  Liv., 
xxxviii.,  55.)— 9.  (Cic,  Pro  Mil.,  13.— Dion  Cass.,  lvi.,  134.— 
Plin.,  H.  N.,  xxxv.,  2.)— 10.  (Cic,  De  Leg.,  ii.,  24.)— 11.  (Varro, 
De  Ling.  Lat.,  v.,  166.)— 12.  (Fest.,  s.  v.)— 13.  (Mart.,  ii.,  81.— Id., 
VIIL,  lxxv.,  14.— Juv.,  viii.,  175.— "  Vilis  area:"  Hor.,  Sat.,  I., 
viii.,  9.)— 14.  (Suet.,  Dom.,  17.— Mart.,  I.,  xxxi.,  48.)— 15.  (8. 
v.)— 16.  (Suet.,  Jul.,  84.)— 17.  (Val.  Max..  vii.,  1,  $  1.— Hor., 
Sat.,  II.,  viii.,  56.)— 18.  (Pers.,  iii.,  106.)— 19.  (Suet.,  Jul.,  84.) 
—20.  (Suet.,  Octav.,  100. —Tacit.,  Ann.,  i.,  8.)— 21.  (Plut., 
Quaest.  Rom.,  14.)— 22.  (Cic,  De  Le<j.,  ii.,  23.)— 23.  (Dionys. 
Hal.,  iv.,  40.)— 24.  (Dionys.  Hal.,  v.,  17.— Cic,  Pro  Mil.,  13.- 
Id.,  De  Orat.,  ii.,  84. -Suet.,  Jul.,  84.— Id.,  Octav.,  100.)— 25 
(Plut..  Poplic,  9.— Dionys.  Hal.,  v.,  17.)—  26.  (Cic,  De  Orat 
ii.,  11.— Suet.,  Jul.,  26.— Id..  Pal.,  10.) 

459 


FUNUS. 


FUNUS. 


the  Iwelve  Tables,  was  obliged  to  be  outside  the 
city.1 

The  Romans  in  the  most  ancient  times  buried 
their  dead,8  though  they  also  early  adopted,  to  some 
extent,  the  custom  of  burning,  which  is  mentioned 
in  the  Twelve  Tables.3  Burning,  however,  does 
not  appear  to  have  become  general  till  the  later 
times  of  the  Republic  ;  Marius  was  buried,  and 
Sulla  was  the  first  of  the  Cornelian  gens  whose 
body  was  burned.4  Under  the  Empire  burning  was 
almost  universally  practised,  but  was  gradually  dis- 
continued as  Christianity  spread,5  so  that  it  had 
fallen  into  disuse  in  the  fourth  century.6  Persons 
struck  by  lightning  were  not  burned,  but  buried  on 
the  spot,  which  was  called  Bidental,  and  was  con- 
sidered sacred.  (Vid.  Bidental.)  Children,  also, 
who  had  not  cut  their  teeth,  were  not  burned,  but 
buried  in  a  place  called  Suggrundarium.1  Those 
who  were  buried  were  placed  in  a  coffin  (area  or 
loculus),  which  was  frequently  made  of  stone,8  and 
sometimes  of  the  Assian  stone,  which  came  from 
Assos  in  Troas,  and  which  consumed  all  the  body, 
with  the  exception  of  the  teeth,  in  40  days,9  whence 
it  was  called  Sarcophagus.  This  name  was  in 
course  of  time  applied  to  any  kind  of  coffin  or  tomb.10 

The  corpse  was  burned  on  a  pile  of  wood  (pyra 
or  rogus).  Servius11  thus  defines  the  difference 
between  pyra  and  rogus :  "  Pyra  est  lignorum  con- 
geries;  ro]*xis,cumjamarderecozperit,dicitur.''''  This 
pile  was  built  in  the  form  of  an  altar,  with  four  equal 
sides,  whence  we  find  it  called  ara  sepulcri12  and 
funeris  ara.13  The  sides  of  the  pile  were,  according 
to  the  Twelve  Tables,  to  be  left  rough  and  unpolish- 
ed,14 but  were  frequently  covered  with  dark  leaves.15 
Cypress-trees  were  sometimes  placed  before  the 
pile.1*  On  the  top  of  the  pile  the  corpse  was  placed, 
vith  the  couch  on  which  it  had  been  carried,17  and 
he  nearest  relative  then  set  fire  to  the  pile  with  his 
ace  turned  away.  (Vid.  Fax.)  When  the  flames 
began  to  rise,  various  perfumes  were  thrown  into 
the  fire  (called  by  Cicero"'8  swmptuosa  respersio), 
though  this  practice  was  forbidden  by  the  Twelve 
Tables  ;  cups  of  oil,  ornaments,  clothes,  dishes  of 
food,  and  other  things,  which  were  supposed  to  be 
agreeable  to  the  deceased,  were  also  thrown  upon 
the  flames.19 

The  place  where  a  person  was  burned  was  called 
Buslum  if  he  was  afterward  buried  on  the  same 
spot  (vid.  Bustum),  and  Ustrina  or  Ustrinum  if  he 
was  buried  at  a  different  place.  Persons  of  proper- 
ty frequently  set  apart  a  space,  surrounded  by  a 
wall,  near  their  sepulchres,  for  the  purpose  of  burn- 
ing the  dead ;  but  those  who  could  not  afford  the 
space  appear  to  have  sometimes  placed  the  funeral 
pyre  against  the  monuments  of  others,  which  was 
frequently  forbidden  in  inscriptions  on  monuments 
(Huic  monumento  ustrinum  applicari  non  licet30). 

If  the  deceased  was  an  emperor  or  an  illustrious 
general,  the  soldiers  marched  (decurrebant)  three 
times  round  the  pile,21  which  custom  was  observed 
annually  at  a  monument  built  by  the  soldiers  in  hon- 
our of  Drusus.22  Sometimes  animals  were  slaugh- 
tered at  the  pile,  and  in  ancient  times  captives 
and  slaves,  since  the  Manes  were  supposed  to  be 

I.  (Cic,  De  Leg.,  ii.,  23.)— 2.  (Plin.,  H.  N.,  vii.,  55.)— 3. 
(fSc,  1.  c.)— 4.  (Cic,  lb.,  ii.,  22.)— 5.  (Minuc.  Felix,  p.  S27,  ed. 
Cuzel,  1672.)— 6.  (Macrob.,  vii.,  7.)— 7.  (Plin.,  H.  N.,  vii.,  15.— 
Juv.,  xv.,  140. — Fulgent.,  De  prise,  serm.,7.)— 8.  (Val.  Max.,  i., 
1.  f>  12.— Aurel.  Vict.,  De  Vir.  Illustr.,  42.)— 9.  (Plin.,  H.  N.,ii., 
96  ,  xxxvi.,  27.)— 10.  (Juv.,  x.,  172.—  Disr.  34.  tit.  1,  s.  18,  $  5.— 
Orelli,  Inscr.,  No.  W4,  4432,  4554.)— 11.  (ad  Virg.,  ^En.,  xi., 
185.)— 12.  (Virg.,  JEn.,  vi.,  177.)— 13.  (Ovid,  Trist.,  III.,  xiii., 
21.)— 14.  (Cic,  De  Leg.,  ii.,  23.)— 15.  (Virg.,  ^En.,  vi.,  215.)— 
16.  (Virg.  et  Ovid,  1.  c— Sil.  Ital.,  x.,  535.)— 17.  (Tibull.,  I.,  i., 
61.) — 18.  (1.  c)— 19.  (Virg.,  JEn.,  vi.,  225.— Stat.,  Theb.,  vi., 
225.— Stat.,  Theb.,  vi.,  126.— Lucan.,  ix..  175.)t-20.  (Gruter, 
755,  4;  656,  3.— Orelli,  4384,  4385.)— 21.  (Virg.,  jEn.,  xi.,  188. 
•^Tact.,  Ann.,  ii.,  7.)— 22.  (Suet  Claud.,  1.) 
460 


fond  of  blood ;  but  afterward  gladiators,  called  Bus- 
tuarii,  were  hired  to  fight  round  the  burning  pile. 
(Vid.  Bustum.) 

When  the  pile  was  burned  down,  the  embers 
were  soaked  with  wine,  and  the  bones  and  ashes 
of  the  deceased  were  gathered  by  the  nearest  rela- 
tives,1 who  sprinkled  them  with  perfumes,  and 
placed  them  in  a  vessel  called  urna*  which  was 
made  of  various  materials,  according  to  the  cir- 
cumstances of  individuals.  Most  of  the  funeral 
urns  in  the  British  Museum  are  made  of  marble,  al- 
abaster, or  baked  clay.  They  are  of  various  shape? 
but  most  commonly  square  or  round ;  and  upon 
them  there  is  usually  an  inscription  or  epitaph  (tit- 
ulus  or  epitaphium),  beginning  with  the  letters  D. 
M.  S.  or  only  D.  M.,  that  is,  Dis  Manibus  Sacrum, 
followed  by  the  name  of  the  deceased,  with  the 
length  of  his  life,  &c,  and  also  by  the  name  of  the 
person  who  had  the  urn  made.  The  following  ex- 
amples, taken  from  urns  in  the  British  Museum, 
will  give  a  general  knowledge  of  such  inscriptions. 
The  first  is  to  Serullia  Zosimenes,  who  lived  26 
years,  and  is  dedicated  by  her  son  Prosdecius  : 

D.  M. 

Servlli^b  Zosimeni 

Qv^E    VIXIT  ANN.  XXVI. 

Bene  meren.  fecit 
Prosdecivs  Filivs. 

The  next  is  an  inscription  to  Licinius  Successus, 
who  lived  13  years,  one  month,  and  19  days,  by  his 
most  unhappy  parents,  Comicus  and  Auriola  : 

Dis.  Man. 

comicvs.  et 

avriola.  parentes 

Infelicissimi 

Licinio  Svccesso. 

v.  a.  xiii.  m.  i.  d.  xix. 

The  following  woodcut  is  a  representation  of  a 
sepulchral  urn  in  the  British  Museum.  It  is  of  an 
upright  rectangular  form,  richly  ornamented  with 
foliage,  and  supported  at  the  sides  by  pilasters.  It 
is  erected  to  the  memory  of  Cossutia  Prima.  Its 
height  is  twenty-one  inches,  and  its  width,  at  the 
base,  fourteen  inches  six  eighths.  Below  the  in- 
scription an  infant  genius  is  represented  driving  a 
car  drawn  by  four  horses. 


1.  (Virg.,  JEn.,  vi.,  226-228.— Tibull.,  I.,  iii.,  6— Id.,  III.,  it., 
10.— Suet.,  Octav.,  100.)— 2.  (Ovid,  Ana.,  iii-,  ix.,  J9.  -- " JFeraiia 
urna :"  Tacit.,  Ann.,  iii.,  1.) 


FUNUS. 


FUNUS. 


After  the  bones  and  ashes  of  the  deceased  had 
been  placed  in  the  urn,  the  persons  present  were 
thrice*  sprinkled  by  a  priest  with  pure  water  from  a 
branch  of  olive  or  laurel  for  the  purpose  of  purifica- 
tion ;l  after  which  they  were  dismissed  by  the  prce- 
fica,  or  some  other  person,  by  the  solemn  word  i"  li- 
cet, that  is,  ire  licet.2  At  their  departure  they  were 
accustomed  to  bid  farewell  to  the  deceased  by  pro- 
nouncing the  word  Vale.2 

The  urns  were  placed  in  sepulchres,  which,  as  al- 
ready stated,  were  outside  the  city,  though  in  a  few 
cases  we  read  of  the  dead  being  buried  within  the 
city.  Thus  Valerius,  Publicola,  Tubertus,  and  Fa- 
bricius  were  buried  in  the  city ;  which  right  their 
descendants  also  possessed,  but  did  not  use.4  The 
vestal  virgins  and  the  emperors  were  buried  in  the 
city,  according  to  Servius,5  because  they  were  not 
bound  by  the  laws.  By  a  rescript  of  Hadrian,  those 
who  buried  a  person  in  the  city  were  liable  to  a 
penalty  of  40  aurei,  which  was  to  be  paid  to  the  fis- 
cus  ;  and  the  spot  where  the  burial  had  taken  place 
was  confiscated.6  The  practice  was  also  forbidden 
by  Antoninus  Pius7  and  Theodosius  II.8 

The  verb  sepelirc,  like  the  Greek  &utttelv,  was 
applied  to  every  mode  of  disposing  of  the  dead,9 
and  sepulcrum  signified  any  kind  of  tomb  in  which 
the  body  or  bones  of  a  man  were  placed  {Sepul- 
crum est,  ubi  corpus  ossave  hominis  condita  sunt10). 
The  term  humare  was  originally  used  for  burial  in 
the  earth,11  but  was  afterward  applied,  like  sepelirc, 
to  any  mode  of  disposing  of  the  dead  ;  since  it  ap- 
pears to  have  been  the  custom,  after  the  body  was 
burned,  to  throw  some  earth  upon  the  bones.12 

The  places  for  burial  were  either  public  or  pri- 
vate. The  public  places  of  burial  were  of  two 
kinds  ;  one  for  illustrious  citizens,  who  were  buried 
at  the  public  expense,  and  the  other  for  poor  citi- 
zens, who  could  not  afford  to  purchase  ground  for 
the  purpose.  The  former  was  in  the  Campus  Mar- 
tius,  which  was  ornamented  with  the  tombs  of  the 
illustrious  dead  {vid.  Campus  Martius),  and  in  the 
Campus  Esquilinus  ;13  the  latter  was  also  in  the 
Campus  Esquilinus,  and  consisted  of  small  pits  or 
caverns,  called  puticuli  or  puticulce  ;14  but  as  this 
place  rendered  the  neighbourhood  unhealthy,  it  was 
given  to  Maecenas,  who  converted  it  into  gardens, 
and  built  a  magnificent  house  upon  it.  Private  pla- 
ces for  burial  were  usually  by  the  sides  of  the  roads 
leading  to  Rome;  and  on  some  of  these  roads,  such 
as  the  Via  Appia,  the  tombs  formed  an  almost  un- 
interrupted street  for  many  miles  from  the  gates  of 
the  city.  They  were  frequently  built  by  individuals 
during  their  lifetime  ;15  thus  Augustus,  in  his  sixth 
consulship,  built  the  Mausoleum  for  his  sepulchre 
between  the  Via  Flaminia  and  the  Tiber,  and  plant- 
ed round  it  woods  and  walks  for  public  use.18    The 


heirs  were  often  ordered  by  the  will  of  the  deceased 
to  build  a  tomb  for  him  ;x  and  they  sometimes  did 
it  at  their  own  expense  (de  suo),  which  is  not  un- 
frequently  recorded  in  the  inscription  on  funeral 
monuments,  as  in  the  following  example  taken  from 
an  urn  in  the  British  Museum  : 

Dus  Manibvs 

L.  Lepidi  Epaphr^e 

Patris  Optimi 

L.  Lepidivs 

Maximvs  F. 

De.  Svo. 

Sepulchres  were  originally  called  busta,2  but  tnis 
wrord  was  afterward  employed  in  the  manner  men- 
tioned under  Bustum.  Sepulchres  were  also  fre- 
quently called  Monumental  but  this  term  was  also 
applied  to  a  monument  erected  to  the  memory  of  a 
person  in  a  different  place  from  where  he  was  bu- 
ried.* Conditoria  or  conditiva  were  sepulchres  un- 
der ground,  in  which  dead  bodies  were  placed  en- 
tire, in  contradistinction  to  those  sepulchres  which 
contained  the  bones  and  ashes  only.  They  an- 
swered to  the  Greek  vKoyeiov  or  viroyaiov.  (Vid. 
Conditorium.) 

The  tombs  of  the  rich  were  commonly  built  of 
marble,  and  the  ground  enclosed  with  an  iron  railing 
or  wall,  and  planted  round  with  trees.5  The  extent 
of  the  burying- ground  was  marked  by  Cippi.  ( Vid. 
Cippus.)  The  name  of  Mausoleum,  which  was  ori- 
ginally the  name  of  the  magnificent  sepulchre  erect- 
ed by  Artemisia  to  the  memory  of  Mausolus,  king 
of  Caria,*  was  sometimes  given  to  any  splendid 
tomb.7  The  open  space  before  a  sepulchre  was 
called  forum  (vid.  Forum),  and  neither  this  space 
nor  the  sepulchre  itself  could  become  the  property 
of  a  person  by  usucapion.8 

Private  tombs  were  either  built  by  an  individual 
for  himself  and  the  members  of  his  family  (sepulcra 
familiaria),  or  for  himself  and  his  heirs  (sepulcra 
hereditaria9).  A  tomb  which  was  fitted  up  with 
niches  to  receive  the  funeral  urns  was  called  co- 
lumbarium, on  account  of  the  resemblance  of  these 
niches  to  the  holes  of  a  pigeon-house.  In  these 
tombs  the  ashes  of  the  freedmen  and  slaves  of  great 
families  were  frequently  placed  in  vessels  made  of 
baked  clay,  called  dice,  which  were  let  into  the 
thickness  of  the  wall  within  these  niches,  the  lids 
only  being  seen,  and  the  inscriptions  placed  in  front 
A  representation  of  a  columbarium  is  given  on  page 
28S. 

Tombs  were  of  various  sizes  and  forms,  accord- 
ing to  the  wealth  and  taste  of  the  owner.  The  fol- 
lowing woodcut,  which  represents  part  of  the  street 
of  tombs  at  Pompeii,  is  taken  from  Mazois,  Pom- 
peiana,  parti.,  pi.  18. 


^lYM^^^^^m^ 


All  these  tombs  were  raised  on  a  platform  of  ma- 
sonry above  the  level  of  the  footway.  The  first 
building  on  the  right  hand  is  a  funeral  triclinium, 
which  presents  to  the  street  a  plain  front  about 
twenty  feet  in  length.    The  next  is  the  family  tomb 

1.  (Virg.,  JEn.,  vi.,  229.— Serv.,  ad  loc.)— 2.  (Serv.,  1.  c.)— 3. 
(Serv.,  1.  c.) — 4.  (Cic,  De  Leg.,  ii.,  23.) — 5.  (ad  Virg.,  JEn.,  xi., 
205.)— 6.  (Dig.  47,  tit.  12,  s.  3,  §  5.)— 7.  (Capitol.,  Anton.  Pius, 
12.)— 8.  (Cod.  Theod.,  9,  tit.  17,  s.  6.)— 9.  (Plin.,  H.  N.,  vii.,  55.) 
—10.  (Dig.  11,  tit.  7,  s.  2,  t)  5.— Compare  47,  tit.  12,  s.  3,  y  2.)— 
11.  (Plin.,  1.  c.)— 12.  (Cic,  De  Leg.,  ii.,  23.)— 13.  (Cic,  Phil., 
ix.,  7.)— 14.  (Varro,  De  Ling.  Lat.,  v.,  £5,  ed.  Muller. — Festus, 
s.  v.— Hor.,  Sat.,  I.,  viii.,  10.)— 15.  (Scnec,  De  Brev.  Vit..  20.) 
Mfi   (Suet.,  Octav.,  100.) 


of  Naevoleia  Tyche ;  it  consists  of  a  square  bulk, 
ing,  containing  a  small  chamber,  and  from  the  level 
of  the  outer  wall  steps  rise,  which  support  a  marble 
cippus  richly  ornamented.  The  burial-ground  of 
Nestacidius  follows  next,  which  is  surrounded  by  a 
low  wall ;  next  to  which  comes  a  monument  erect- 
ed to  the  memory  of  C.  Calventius  Quietus.     The 

1.  (Hor.,  Sat.,  II.,  iii.,  84.— Id.  ib.,  v.,  105.— Plin.,  Ep.,  vi., 
10.)— 2.  (Festus,  s.  v.  Sepulcrum.)— 3.  (Cic.  ad  Fam.,  iv.,  12,  t>  3. 
—Ovid,  Met.,  xiii.,  IU.A.)— 4.  (Festus.  s.  v. — Cic,  Pro  Sext.,  67.) 
—5.  (Cic.  ad  Fam..  iv.,  12,  i>  3.— Tibull.,  III.,  ii.,  22.— Suet, 
Ner.,  33,  50.— Martial,  i.,  89.)— 6.  (Plin.,  H.  N.,  xxxv:.,  4,  <}  9. 
— Gell.,  x.,  18.)— 7.  (Suet.,  Octav.,  100.— Paus.,  viii.,  16, $  3.)-  • 
8.  (Cic,  De  Le?..  ii.,  24.)— 9.  (Dijr.  11.  tit   7,  s.o.) 

461 


FUNUS. 


FUNUS. 


building  is  solid,  and  was  not,  therefore,  a  place  of 
burial,  but  only  an  honorary  tomb.  The  wall  in 
front  is  scarcely  four  feet  high,  from  which  three 
steps  lead  up  to  a  cippus.  The  back  rises  into  a 
pediment ;  and  the  extreme  height  of  the  whole 
from  the  footway  is  about  seventeen  feet.  An  un- 
occupied space  intervenes  between  this  tomb  and 
the  next,  which  bears  no  inscription.  The  last 
building  on  the  left  is  the  tomb  of  Scaurus,  which 
is  ornamented  with  bas-reliefs  representing  gladia- 
torial combats  and  the  hunting  of  wild  beasts. 

The  tombs  of  the  Romans  were  ornamented  in 
various  ways,  but  they  seldom  represented  death  in 
a  direct  manner.1  A  horse's  head  was  one  of  the 
most  common  representations  of  death,  as  it  signi- 
fied departure  ;  but  we  rarely  meet  with  skeletons 
uoon  tombs.     The   following  woodcut,  however, 


whioh  is  taken  from  a  bas-relief  upon  one  of  the 
tombs  of  Pompeii,  represents  the  skeleton  of  a  child 
lying  on  a  heap  of  stones.  The  dress  of  the  fe- 
male, who  is  stooping  over  it,  is  remarkable,  and  is 
still  preserved,  according  to  Mazois,  in  the  country 
around  Sora.3 

A  sepulchre,  or  any  place  in  which  a  person  was 
buried,  was  religiosus ;  all  things  which  were  left 
or  belonged  to  the  Dii  Manes  were  religiosa;  those 
consecrated  to  the  Dii  Superi  were  called  Sacra.3 
Even  the  place  in  which  a  slave  was  buried  was 
considered  religiosus.*  Whoever  violated  a  sepul- 
chre was  subject  to  an  action  termed  sepulcri  vio- 
late actio.5  Those  who  removed  the  bodies  or  bones 
from  the  sepulchre  were  punished  by  death,  or  de- 
portatio  in  insulam,  according  to  their  rank  ;  if  the 
sepulchre  was  violated  in  any  other  way,  they  were 
punished  by  deportatio,  or  condemnation  to  the 
mines.6  The  title  in  the  Digest,7  "  De  Religiosis  et 
Sumtibus  Funerum,"  &c.,  also  contains  much  curi- 
ous information  on  the  subject,  and  is  well  worth 
perusal. 

After  the  bones  had  been  placed  in  the  urn  at  the 
funeral,  the  friends  returned  home.  They  then  un- 
derwent a  farther  purification  called  suffitio,  which 
consisted  in  being  sprinkled  with  water  and  step- 
ping over  a  fire.8  The  house  itself  was  also  swept 
with  a  certain  kind  of  broom,  which  sweeping  or 
purification  was  called  exvcrrcc,  and  the  person  who 
did  it  everriator.9  The  Denicales  Feria  were  also 
days  set  apart  for  the  purification  of  the  family.10 
The  mourning  and  solemnities  connected  with  the 
dead  lasted  for  nine  days  after  the  funeral,  at  the 
end  of  which  time  a  sacrifice  was  performed  called 
Novendiale.11 

A  feast  was  given  in  honour  of  the  dead,  but  it  is 
uncertain  on  what  day ;   it  sometimes  appears  to 

1.  (Miiller,  Archaeol.  der  Kunst,  I)  431.— Lessing,  "Wie  die 
Alt.en  den  Tod  gebildet  haben  ?")— 2.  (Mazois,  Pomp.,  i.,  pi.  29.) 
—3.  (Gaius,  ii..  4,6.)— 4.  (Dig.  11,  tit.  7,  s.  2.)— 5.  (Dig.  47,  tit. 
12— Compare  Cic,  Tusc,  i.,  12.— Cic,  De  Leg.,  n.,  22.)— 6. 
lT>ig.  47,  tit.  12,  s.  11.)— 7.  (11,  tit.  7.)— 8.  (Festus,  s.  v.  "Aqua 
fit  feni.")— 9.  (Festus,  s.  v.)— 10.  (Festus,  s.  v.— Cic,  De  Leg., 
*.,  22.)-  -11.  (Porphyr.  ad  Horat.,  Epod.,  xvii.,  48.) 
462 


have  been  given  at  the  time  of  the  funeral,  some- 
times on  the  Novendiale,  and  sometimes  later. 
The  name  of  Silicernium  was  given  to  this  feast,1 
of  which  the  etymology  is  unknown.  Among  the 
tombs  at  Pompeii  there  is  a  funeral  triclinium  for 
the  celebration  of  these  feasts,  which  is  represented 
in  the  annexed  woodcut.2  It  is  open  to  the  sky, 
and  the  walls  are  ornamented  by  paintings  of  ani- 
mals in  the  centre  of  compartments,  which  havo 
borders  of  flowers.  The  triclinium  is  made  of  stone, 
with  a  pedestal  in  the  centre  to  receive  the  table. 


After  the  funeral  of  great  men,  there  was,  in  ad- 
dition to  the  feast  for  the  friends  of  the  deceased,  a 
distribution  of  raw  meat  to  the  people,  called  Vis- 
ceratio,3  and  sometimes  a  public  banquet.*  Combats 
of  gladiators  and  other  games  were  also  frequently 
exhibited  in  honour  of  the  deceased.  Thus,  at  the 
funeral  of  P.  Licinius  Crassus,  who  had  been  pon- 
tifex  maximus,  raw  meat  was  distributed  to  the 
people,  a  hundred  and  twenty  gladiators  fought,  and 
funeral  games  were  celebrated  for  three  days,  at 
the  end  of  which  a  public  banquet  was  given  in  the 
Forum.5  Public  feasts  and  funeral  games  were 
sometimes  given  on  the  anniversary  of  funerals. 
Faustus,  the  son  of  Sulla,  exhibited  in  honour  of 
his  father  a  show  of  gladiators  several  years  after 
his  death,  and  gave  a  feast  to  the  people,  according 
to  his  father's  testament.6  At  all  banquets  in  hon- 
our of  the  dead,  the  guests  were  dressed  in  white.7 

The  Romans,  like  the  Greeks,  were  accustomed 
to  visit  the  tombs  of  their  relatives  at  certain  peri- 
ods, and  to  offer  to  them  sacrifices  and  various  gifts, 
which  were  called  Ivferia  and  Parentalia.  The 
Romans  appear  to  have  regarded  the  Manes  or  de- 
parted souls  of  their  ancestors  as  gods,  whence 
arose  the  practice  of  presenting  to  them  oblations, 
which  consisted  of  victims,  wine,  milk,  garlands  of 
flowers,  and  other  things.8  The  tombs  were  some- 
times illuminated  on  these  occasions  with  lamps.9 
In  the  latter  end  of  the  month  of  February  there 
was  a  festival,  called  Feralia,  in  which  the  Romans 
were  accustomed  to  carry  food  to  the  sepulchres 
for  the  use  of  the  dead.10 

The  Romans,  like  ourselves,  were  accustomed  to 
wear  mourning  for  their  deceased  friends,  which 
appears  to  have  been  black,  under  the  Republic,  for 
both  sexes.  Under  the  Empire,  the  men  continued 
to  wear  black  in  mourning,11  but  the  women  wore 
white.12  They  laid  aside  all  kinds  of  ornaments,13 
and  did  not  cut  either  their  hair  or  beard.14  Men  ap- 
pear to  have  usually  worn  their  mourning  for  only  a 
few  days,15  but  women  for  a  year  when  they  lost  a 
husband  or  parent.16 

In  a  public  mourning  on  account  of  some  signal 
calamity,  as,  for  instance,  the  loss  of  a  battle  or  the 
death  of  an  emperor,  there  was  a  total  cessation 
from  business,  called  Justitium,  which  was  usually 
ordained  by  public  appointment.    During  this  period 

1.  (Festus,  s.  v.)— 2.  (Mazois,  Pomp.,  i.,  pl.xx.)— 3.  (Liv  ,  viii., 
22.)— 4.  (Suet.,  Jul.,  26.)  — 5.  (Liv.,  xxxix.,  46.)  — 6.  (Dion 
Cass.,  xxxvii.,  51.— Cic,  Pro  Sull.,  19.)— 7.  (Cic,  c.  Vatin.,  13.) 
—8.  (Virg.,  2En.,  v.,  77.— Id.  ib.,  ix.,  215.— Id.  ib.,  x.,  519.— 
Tacit.,  Hist.,  ii.,  95.  —  Suet.,  Cal.,  15.— Id.,  Ner.,  57— Cic, 
Phil.,  i.,  6.)— 9.  (Dig.  40,  tit  4,  s.  44.)— 10.  (Festus,  s.  v.— 
Varro,  De  Ling.  Lat.,  vi.,  13.— Ovid,  Fast.,  ii.,  565-570.— Cic. 
ad  Att.,viii.,  14.)— 11.  (Juv.,  x.,  245.)— 12.  (Herodian,  iv.,  2.)— 
13.  (Herodian,  1.  c— Terent.,  Heaut.,  II.,  iii.,  47.y— 14.  (Suet., 
Jul.,  67.— Id.,  Octav.,  23.— Id.,  Cal.,  24.)— 15.  (Dion  Cass.,  lvi. 
43.)— 16.  (Ovid,  Fast.,  iii.,  134.— Senec,  Einst.,  63.— Id..  Coa 
sol.  ad  Helv.   16  J 


FURTUM. 


FURTUM. 


lie  courts  of  justice  did  not  sit,  the  shops  weie 
shut,  and  the  soldiers  freed  from  military  duties.1 
In  a  public  mourning  the  senators  did  not  wear  the 
latus  clavus  and  their  rings,1  nor  the  magistrates 
their  badges  of  office.3 

FURCA,  which  properly  means  a  fork,  was  also 
the  name  of  an  instrument  of  punishment.  It  was 
a  piece  of  wood  in  the  form  of  the  letter  A,  which 
was  placed  upon  the  shoulders  of  the  offender, 
whose  hands  were  tied  to  it.  Slaves  were  frequent- 
ly punished  in  this  way,  and  were  obliged  to  carry 
about  the  furca  wherever  they  went  ;*  whence  the 
appellation  of  furcifer  was  applied  to  a  man  as  a 
term  of  reproach.5  The  furca  was  used  in  the  an- 
cient mode  of  capital  punishment  among  the  Ro- 
mans :  the  criminal  was  tied  to  it,  and  then  scourged 
to  death.  The  palibulum  was  also  an  instrument 
of  punishment,  resembling  the  furca ;  it  appears  to 
have  been  in  the  form  of  the  letter  II.7  Both  the 
furca  and  patibulum  were  also  employed  as  crosses, 
to  which  criminals  appear  to  have  been  nailed  (in 
furca  suspender cs). 

FURIO'SUS.     (Vid.  Curator,  p.  329.) 

FURNUS.     (Vid   Fornax,  Pistor.) 

FUROR.     (Vid.  Curator,  p.  329.) 

FURTI  ACTIO.     (Vid.  Furtum.) 

FURTUM,  "  theft,"  is  one  of  the  four  kinds  of 
delicts  which  were  the  foundation  of  obligations ; 
it  is  also  called,  in  a  sense,  "  crimen."  (Vid.  Cri- 
men.) Movable  things  only  could  be  the  objects  of 
furtum ;  for  the  fraudulent  handling  (contrectatio 
fraudulosa)  of  a  thing  against  the  owner's  consent 
was  furtum,  and  contrectatio  is  defined  to  be  "  loco 
movere."  But  a  man  might  commit  theft  without 
carrying  off  another  person's  property.  Thus  it  was 
furtum  to  use  a  thing  deposited  (deposilum).  It  was 
also  furtum  to  use  a  thing  which  had  been  lent  for 
use,  in  a  way  different  from  that  which  the  lender 
had  agreed  to  ;  but  with  this  qualification,  that  the 
borrower  must  believe  that  he  was  doing  it  against 
Ihe  owner's  consent,  and  that  the  owner  would  not 
consent  to  such  use  if  he  was  aware  of  it ;  for  dolus 
malus  was  an  essential  ingredient  in  furtum.  Ac- 
cordingly, both  dolus  malus  on  the  part  of  the  per- 
son charged  with  furtum,  and  the  want  of  consent 
on  the  part  of  the  owner  of  the  thing,  were  neces- 
sary to  constitute  furtum.  Another  requisite  of 
furtum9  is  the  "  lucri  faciendi  gratia,"  the  intention 
of  appropriating  another  person's  property.  This 
was  otherwise  expressed  by  saying  that  furtum 
consisted  in  the  intention  (furtum  ex  affeclu  consis- 
tit).  It  was  not  necessary,  in  order  to  constitute 
furtum,  that  the  thief  should  know  whose  property 
the  thing  was.  A  person  who  was  in  the  power  of 
another,  and  a  wife  in  manu,  might  be  the  objects 
of  furtum.  A  debtor  might  commit  furtum  by  ta- 
king a  thing  which  he  had  given  as  a  pledge  (pignori) 
to  a  creditor,  or  by  taking  his  property  when  in 
the  possession  of  a  bona  fide  possessor.  Thus  there 
might  be  furtum  of  a  thing  itself,  of  the  use  of  it, 
and  of  the  possession. 

A  person  might  commit  furtum  by  aiding  in  a  fur- 
tum, as  if  a  man  should  jostle  you  in  order  to  give 
another  the  opportunity  of  taking  your  money ;  or 
drive  away  your  sheep  or  cattle  in  order  that  an- 
other might  get  possession  of  them  :  but  if  it  were 
done  merely  in  a  sportive  way,  and  not  with  a  view 
of  aiding  in  a  theft,  it  was  not  furtum,  though  per- 

1.  (Tacit,  Ann.,  i.,  16.— Id.  ib.,  ii.,  82.— Liv.,  ix.,  7.— Suet., 
Cal.,  24.)— 2  (Liv.,  ix.,  7.) — 3.  (Tacit.,  Ann.,  iii.,  4. — Meursius, 
de  Funere  —  Stackelberg,  "Die  Grftber  der  Hellenen,"  Beil., 
1837. — Kirchmann,  "  De  Funeribus  Romanis," — Becker,  Chari- 
kles,  vol.  ii.,  p.  166-210.— Gallus,  vol.  ii.,  p.  271-301.)— 4.  (Do- 
nat.  ad  Ter.,  Andr.,  III.,  v.,  12.  — Plut.,  Coriol.,  24.  — Plaut., 
Cas.,  II.,  vi.,  37.)  — 5.  (Cic.  in  Vatin.,  6.)  — 6.  (Liv.,  i..  26.— 
Suet.,  Ner.,  49.)— 7.  (Plaut.,  Mil.,  II.,  iv.,  7.— Id.,  Mostell., 
I.,  i.,  53.)— 8.  (Dig.  48,  tit.  13,  s.  6  ;  tit.  19,  s.  28,  t>  15  ,  s.  38. 
^Vtd.  Lipsius,  De  Cruce.)—  9.  (Dig  47,  tit.  2,  s.  1.) 


haps  there  might  be  in  such  case  an  actio  utilia 
under  the  lex  Aquilia,  which  gave  such  an  action 
even  in  the  ~ase  of  culpa.     (Vid.  Damnum.) 

Furtum  was  either  manifestum  or  nee  manifest- 
um.  It  was  clearly  manifestum  when  the  person 
was  caught  in  the  act ;  but  in  various  other  casea 
there  was  a  difference  of  opinion  as  to  whether  the 
furtum  was  manifestum  or  not.  Some  were  of 
opinion  that  it  was  furtum  manifestum  so  long  aa 
the  thief  was  engaged  in  carrying  the  thing  to  the 
place  to  which  he  designed  to  carry  it ;  and  others 
maintained  that  it  was  furtum  manifestum  if  the 
thief  was  ever  found  with  the  stolen  thing  in  his 
possession.  That  which  was  not  manifestum  was 
ncc  manifestum.  Furtum  conceptum  and  oblatum 
were  not  species  of  theft,  but  species  of  action.  It 
was  called  conceptum  furtum  when  a  stolen  thing 
was  sought  and  found,  in  the  presence  of  witness 
es,  in  the  possession  of  a  person,  who,  though  he 
might  not  be  the  thief,  was  liable  to  an  action 
called  furti  concepti.  If  a  man  gave  you  a  stolen 
thing,  in  order  that  it  might  be  found  (conciperetur) 
in  your  possession  rather  than  his,  this  was  called 
furtum  oblatum,  and  you  had  an  action  furti 
oblati  against  him,  even  if  he  was  not  the  thief. 
There  was  also  the  action  prohibit!  furti  against 
him  who  prevented  a  person  from  searching  for  a 
stolen  thing  (furtum);  for  the  word  furtum  signifies 
both  the  act  of  theft  and  the  thing  stolen. 

The  punishment  for  furtum  manifestum  by  the 
law  of  the  Twelve  Tables  was  capitalis,  that  is,  it 
affected  the  person's  caput  :  a  freeman  who  had 
committed  theft  was  flogged  and  consigned  (addictus) 
to  the  injured  person  ;  but  whether  the  thief  became 
a  slave  in  consequence  of  this  addictio,  or  an  adju- 
dicatus,  was  a  matter  in  dispute  among  the  ancient 
Romans.  The  edict  subsequently  changed  the  pen- 
alty into  an  actio  quadrupli,  both  in  the  case  of  a 
slave  and  a  freeman.  The  penalty  of  the  Twelve 
Tables,  in  the  case  of  a  furtum  nee  manifestum, 
was  duplum,  and  this  was  retained  in  the  edict :  in 
the  case  of  the  conceptum  and  oblatum  it  was  trip- 
lum,  and  this  also  was  retained  in  the  edict.  In  the 
case  of  prohibitum,  the  penalty  was  quadruplum, 
according  to  the  provisions  of  the  edict ;  for  the  law 
of  the  Twelve  Tables  had  affixed  no  penalty  in  this 
case,  but  merely  enacted  that  if  a  man  would  search 
for  stolen  property,  he  must  be  naked  all  but  a  cloth 
round  his  middle,  and  must  hold  a  dish  in  his  hand. 
If  he  found  anything,  it  was  furtum  manifestum. 
The  absurdity  of  the  law,  says  Gaius,  is  apparent  r 
for  if  a  man  would  not  let  a  person  search  in  hiv 
ordinary  dress,  much  less  would  he  allow  fcim  tc 
search  undressed,  when  the  penalty  would  be  si 
much  more  severe  if  anything  was  found.1 

The  actio  furti  was  given  to  all  persons  who  haV 
an  interest  in  the  preservation  of  the  thing  stole* 
(cujus  interest  rem  salvam  esse),  and  the  owner  OL 
a  thing,  therefore,  had  not  necessarily  this  action 
A  creditor  might  have  this  action  even  against  th< 
owner  of  a  thing  pledged,  if  the  owner  was  tho 
thief.  A  person  to  whom  a  thing  was  delivered 
(bailed)  in  order  to  work  upon  it,  as  in  the  case  of 
clothes  given  to  a  tailor  to  mend,  could  bring  this 
action,  and  not  the  owner,  for  the  owner  had  an 
action  (locati)  against  the  tailor.  But  if  the  tailor 
was  not  a  responsible  person,  the  owner  had  his 
action  against  the  thief,  for  in  such  case  the  owner 
had  an  interest  in  the  preservation  of  the  thing. 
The  rule  was  the  same  in  a  case  of  commodatum 
(vid.  Commodatum)  ;  but  in  a  case  of  depositum, 
the  depositee  was  under  no  obligation  for  the  safe 
custody  of  the  thing  (custodiam  prcestare),  and  he 
was  under  no  liability  except  in  the  case  of  dolus  ; 

1.  (Compare  Grimm,  Von  der  Poesie  im  Recht,  Zeitschnft 
ii.,91.) 

463 


FURTUM. 


FUSUS. 


if  tnen  the  deposited  thing  was  stolen,  the  owner 
alone  had  the  actio  furti. 

An  impubes  might  commit  theft  (obligatur  crimine 
furti)  if  he  was  bordering  on  the  age  of  puberty, 
and,  consequently,  of  sufficient  capacity  to  under- 
stand what  he  was  doing.  If  a  person  who  was  in 
the  power  of  another  committed  furtum,  the  actio 
furti  was  against  the  latter. 

The»right  of  action  died  with  the  offending  per- 
son. If  a  peregrinus  committed  furtum,  he  was 
made  liable  to  an  action  by  the  fiction  of  his  being 
a  Roman  citizen  ;*  and  by  the  same  fiction  he  had 
a  right  of  action  if  his  property  was  stolen. 

He  who  took  the  property  of  another  by  force  was 
guilty"  of  theft,  inasmuch  as  he  took  it  against  the 
will  of  the  owner ;  but  in  the  case  of  this  delict,  the 
praetor  gave  a  special  action  vi  bonorum  raptorum. 
The  origin  of  the  action  vi  bonorum  raptorum  is  re- 
ferred by  Cicero  to  the  time  of  the  civil  wars,  when 
men  had  become  accustomed  to  acts  of  violence 
and  to  the  use  of  arms  against  one  another.  Ac- 
cordingly, the  edict  was  originally  directed  against 
those  who,  with  bodies  of  armed  men  (hominibics 
armatis  coactisque),  did  injury  to  the  property  of 
another  or  carried  it  off  (quid  aut  rapuerint  aut  dam- 
ni  dedcrmi).  With  the  establishment  of  order  under 
the  Empire  the  prohibition  against  the  use  of  arms 
was  less  needed,  and  the  word  armatis  is  not  con- 
tained in  the  edict  as  cited  in  the  Digest.2  The 
application  of  the  edict  would,  however,  have  still 
been  very  limited,  if  it  had  been  confined  to  cases 
where  numbers  were  engaged  in  the  violence  cr 
robbery ;  and,  accordingly,  the  jurists  discovered 
that  the  edict,  when  properly  understood,  applied 
also  to  the  case  of  a  single  person  committing  dam- 
num or  carrying  off  property.  Originally  the  edict 
comprehended  both  damnum  and  bona  rapta,  and, 
ndeed,  damnum  effected  vi  hominibus  armatis  co- 
actisque was  that  kind  of  violence  to  the  repression 
Df  which  the  edict  was  at  first  mainly  directed. 
Under  the  Empire  the  reasons  for  this  part  of  the 
edict  ceased,  and  thus  we  see  that  in  Ulpian's  time 
the  action  was  simply  called  "  vi  bonorum  rapto- 
rum." In  the  Institutes  and  Code  the  action  applies 
to  robbery  only,  and  there  is  no  trace  of  the  other 
part  of  the  edict.  This  instructive  illustration  of 
the  gradual  adaptation,  even  of  the  edictal  law,  to 
circumstances,  is  given  by  Savigny,3  who  has  also 
given  the  masterly  emendation  of  Dig.  47,  tit.  8,  s. 
2,  §  7,  by  Heise. 

Besides  the  actio  furti,  the  owner  of  the  thing 
nad  a  personal  action  for  the  recovery  of  the  stolen 
thing  (rci  persecutio)  or  its  value  (condictio  furtiva) 
against  a  thief  and  his  heredes,  as  well  as  the  rei 
vindicatio,  the  reason  of  which  is  given  by  Gaius.* 
Infamia  was  a  consequence  of  condemnation  in  the 
actio  furti. 

The  strictness  of  the  old  law  in  the  case  of  ac- 
tions of  theft  was  gradually  modified,  as  already 
shown.  By  the  law  of  the  Twelve  Tables,  if  theft 
{furtum)  was  committed  in  the  night,  the  thief,  if 
caught  in  the  act,  might  be  killed  :  and  he  might 
also  be  killed  in  the  daytime  if  he  was  caught  in 
the  act,  and  defended  himself  with  any  kind  of  a 
weapon  (telum)  ;  if  he  did  not  so  defend  himself,  he 
was  whipped,  and  became  addictus  if  a  freeman  (as 
above  stated) ;  and  if  a  slave,  he  was  whipped  and 
thrown  down  a  precipice. 

The  following  are  peculiar  kinds  of  actiones  furti : 
1.  Actio  de  tigno  juncto,  against  a  person  who  em- 
ployed another  person's  timber  in  his  building ;  2. 
Actio  arborum  mrtim  caesarum,  against  a  person 
who  secretly  cut  wood  on  another  person's  ground ; 

1  (Gaius,  iv.,  37.)— 2.  (47,  tit.  8.)— 3.  (Zeitschrift,  v.  "  Ue- 
ber  Cicero  pro  Tullio  und  die  Actio  vi  bonorum  raptorum.") — 4. 
0",4.) 

464 


3.  Actio  furti  ad  versus  nautas  et  caupcnes,  again* 
nautae  and  caupones  (vid.  Exercitor),  who  were  li- 
able for  the  acts  of  the  men  in  their  employment. 

There  were  two  cases  in  which  a  bona  fide  pos- 
sessor  of  another  person's  property  could  not  obtain 
the  ownership  by  usucapion  ;  and  one  of  them  wa* 
the  case  of  a  res  furtiva,  which  was  provided  for  i» 
the  Twelve  Tables. 

(Gaius,  hi.,  183-209.— Gellius,  xi.,  18.— Dig.  47 
tit.  2. — Inst.  4,  tit.  1. — Dirksen,  Uebersicht,  &c,  p 
564-594.  —  Heinec,  Syntag.,  ed.  Haubold. — Rein.? 
Das  Rom.  Recht.,  p.  345. — Rosshirt,  Grundlinien, 
&c. — Marezoll,  Lehrbuch,  &c.) 

FU'SCINA  (rpiatva),  a  Trident ;  more  commonly 
called  tridens,  meaning  tridens  stimulus,  because  it 
was  originally  a  three-pronged  goad,  used  to  incite 
horses  to  greater  swiftness.  Neptune  was  supposed 
to  be  armed  with  it  when  he  drove  his  chariot,  and 
it  thus  became  his  usual  attribute,  perhaps  with  an 
allusion,  also,  to  the  use  of  the  same  instrument  in 
harpooning  fish.  (See  woodcuts,  p.  187,  245. )l 
With  it  (trijida  cuspide2)  he  was  said  to  have  broken 
a  passage  through  the  mountains  of  Thessaly  for 
the  river  Peneus.  The  trident  was  also  attributed 
to  Nereus3  and  to  the  Tritons.* 

In  the  contests  of  gladiators,  the  Reliarius  was 
armed  with  a  trident.6 

FUSTUA'RIUM  (^vIokotvlo)  was  a  capital  pun- 
ishment inflicted  upon  Roman  soldiers  for  deser- 
tion, theft,  and  similar  crimes.  It  was  administer- 
ed in  the  following  manner :  When  a  soldier  was 
condemned,  the  tribune  touched  him  slightly  with  a 
stick,  upon  which  all  the  soldiers  of  the  legion  fell 
upon  him  with  sticks  and  stones,  and  generally  kill- 
ed him  upon  the  spot.  If,  however,  he  escaped,  for 
he  was  allowed  to  fly,  he  could  not  return  to  his  na- 
tive country,  nor  did  any  of  his  relatives  dare  to  re- 
ceive him  into  their  houses.6  This  punishment 
continued  to  be  inflicted  in  the  later  times  of  lh« 
Republic,7  and  under  the  Empire.8 

Different  from  the  fustuarium  was  the  animad- 
versio  fustium,  which  was  a  corporeal  punishment 
inflicted  under  the  emperors  upon  freemen,  but  only 
those  of  the  lower  orders  (tenuiores9).  It  was  a 
less  severe  punishment  than  the  flogging  with  fla- 
gella,  which  punishment  was  confined  to  slaves.18 
(Vid.  Flagrum.) 

FUSUS  (urpaKTog),  the  Spindle,  was  always, 
when  in  use,  accompanied  by  the  distaff  (colus,  rjla- 
KaTTj),  as  an  indispensable  part  of  the  same  appa- 
ratus.11 The  wool,  flax,  or  other  material  having 
been  prepared  for  spinning,  and  having  sometimes 
been  dyed  (lodvetyec  elpoc  exovoa1*),  was  rolled  into  a 
ball  (roXv7Z7j,  glomus13),  which  was,  however,  suffi- 
ciently loose  to  allow  the  fibres  to  be  easily  drawn 
out  by  the  hand  of  the  spinner.  The  upper  part  of 
the  distaff  wras  then  inserted  into  this  mass  of  flax 
or  wool  (colus  comta1*),  and  the  lower  part  was  held 
under  the  left  arm  in  such  a  position  as  was  most 
convenient  for  conducting  the  operation.  The  fibres 
were  drawn  out,  and,  at  the  same  time,  spirally 
twisted,  chiefly  by  the  use  of  the  fore  finger  and 
thumb  of  the  right  hand  (daKTvXoic  eliaoe  ;15  pollice 
docto16) ;  and  the  thread  (filum,  stamen,  vfi\ia)  so  pro- 
duced was  wound  upon  the  spindle  until  the  quan 
tity  was  as  great  as  it  would  carry. 


1.  (Horn.,  II.,  xii.,  27.— Od.,  iv.,  506.  —  lb.,  v.,  292. —Virg., 
Georg.,  i.,  13.  —  Id.,  ^En.,  i.,  138,  145.— lb.,  ii.,  610.  —  Cic,  De 
Nat.  Deor.,  i.,  36.— Philostr.,  Imag.,  ii.,  14.)  — 2.  (Claud.,  De 
Rap.  Pros.,  ii.,  179.)— 3.  (Virg.,  ^En.,  ii.,  418.)— 4.  (Accius,  ap. 
Cic,  De  Nat.  Deor.,  ii.,  35.— Mart.,  i.,  26,  3.)— 5.  (Jnv.,  ii.,  148. 
—lb.,  viii.,  203.— Vid.  Gladiator.)— 6.  (Polyb.,  vi.,  37.— Com- 
pare  Liv.,  v.,  6.) — 7.  (Cic,  Phil.,  iii.,  6.) — 8.  (Tacit.,  Ann.,  iii., 
21.)— 9.  (Dig.  48,  tit.  19,  s.  28,  $  2.)— 10.  (Dig.  48,  tit.  19,  s.  10., 
47,  tit.  10,  s.  45.)— 11.  (Ovid,  Met.,  iv.,  220-229.)  —  12.  (Horn., 
Od.,  iv.,  135.)— 13.  (Hor.,  Epist.,  i,  13,  14.— Ovid,  Met.,vi.,  19.) 
—14.  (Plin.,  H.  N.,  viii.,  74.)— 15.  (Eurip.,  Orest.,  1414.)  —  16- 
(Claud.,  De  Prob.  Cons.,  177.) 


FUSUS. 


GALE. 


The  spindle  was  a  stick  ten  or  twelve  inches 
long,  having  at  the  top  a  slit  or  catch  (dens,  uynio- 
rpov),  in  which  the  thread  was  fixed,  so  that  the 
weight  of  the  spindle  might  continually  carry  down 
the  thread  as  it  was  formed.  Its  lower  extremity 
was  inserted  into  a  small  wheel,  called  the  whorl 
[vorticcllum),  made  of  wood,  stone,  or  metal  (see 
woodcut),  the  use  of  which  was  to  keep  the  spindle 
more  steady,  and  to  promote  its  rotation :  for  the 
spinner,  who  was  commonly  a  female,  every  now 
and  then  twirled  round  the  spindle  with  her  right 
I  hand,1  so  as  to  twist  the  thread  still  more  complete- 
ly ;  and  whenever,  by  its  continual  prolongation,  it 
let  dowr.  the  spindle  to  the  ground,  she  took  it  out 
of  the  sl.t,  wound  it  upon  the  spindle,  and,  having 
replaced  it  in  the  slit,  drew  out  and  twisted  another 
length.  All  these  circumstances  are  mentioned  in 
detail  by  Catullus.2  The  accompanying  woodcut  is 
taken  from  a  series  of  bas-reliefs  representing  the 
arts  of  Minerva  upon  a  frieze  of  the  Forum  Palladium 
at  Rome.  It  shows  the  operation  of  spinning  at 
the  moment  when  the  woman  has  drawn  out  a  suf- 
ficient length  of  yarn  to  twist  it  by  whirling  the 
spindle  with  her  right  thumb  and  fore  finger,  and 
previously  to  the  act  of  taking  it  out  of  the  slit  to 
wind  it  upon  the  bobbin  (nfjviov)  already  formed. 


The  distaff  was  about  three  times  the  length  of 
he  spindle,  strong  and  thick  in  proportion,  com- 
.nonly  either  a  stick  or  a  reed,  with  an  expansion 
near  the  top  for  holding  the  ball.  It  was  sometimes 
of  richer  materials,  and  ornamented.  Theocritus 
has  left  a  poem3  written  on  sending  an  ivory  distaff 
to  the  wife  of  a  friend.  Golden  spindles  were  sent 
as  presents  to  ladies  of  high  rank  ;*  and  a  golden 
distaff  is  attributed  by  Homer  and  Pindar  to  god- 
desses, and  other  females  of  remarkable  dignity,  who 
are  called  xp^ovXaKarot. 

It  was  usual  to  have  a  basket  to  hold  the  distaff 
and  spindle,  with  the  balls  of  wool  prepared  for 
spinning,  and  the  bobbins  already  spun.6    (Vid.  Ca- 

LATHUS.) 

In  the  rural  districts  of  Italy,  women  were  forbid- 
den to  spin  when  they  were  travelling  on  foot,  the 
act  being  considered  of  evil  omen.6  The  distaff 
and  spindle,  with  the  wool  and  thread  upon  them, 
were  carried  in  bridal  processions ;  and,  without  the 
wool  and  thread,  they  were  often  suspended  by  fe- 
males as  offerings  of  religious  gratitude,  especially 
in  okT  age,  or  on  relinquishing  the  constant  use  of 
them.7  (Vid.  Donaria,  p.  376.)  They  were  most 
frequently  dedicated  to  Pallas,  the  patroness  of 
spinning,  and  of  the  arts  connected  with  it.  This 
goddess  was  herself  rudely  sculptured  with  a  distaff 
and  spindle  in  the  Trojan  Palladium.8    They  were 

1.  (Herod.,  v.,  12.— Ovid,  Met.,  vi.,  22.)— 2.  (lxiv.,  305-319  ) 
-3.  (Idyll.,  xxviii.)  —  4.  (Homer,  Od.,  iv.,  131. —Herod.,  iv., 
162.)— 5.  (Brunck,  Anal.,  ii.,  12.  —  Ovid,  Met.,  iv.,  10.)— 6. 
(Plin.,  H.  N.,  xxviii.,  5  )  —7.  (Plin.,  H.  N.,  viii.,  74.)— 8.  (Apol- 
iod..  in.,  12,  3.) 


also  exhibited  in  the  representations  of  the  three 
Fates,  who  were  conceived,  by  their  spinning,  to 
determine  the  life  of  every  man  ;  and,  at  the  same 
time,  by  singing,  as  females  usually  did  while  they 
sat  together  at  their  work,  to  predict  his  future  lot.1 

G. 

GABINUS  CINCTUS.  {Vid.  Toga.)  . 
GjESUM  (yatoog),  a  term  probably  of  Celtic  ori- 
gin, denoting  a  kind  of  javelin  which  was  used  by 
the  Gauls  wherever  their  ramifications  extended  • 
Hody,  in  order  to  prove  the  comparatively  late  date 
of  the  Septuagint  version  of  the  book  of  Joshua,  in 
which  this  word  occurs,3  has  proved  that  it  was  not 
known  to  the  Romans,  Greeks,  or  Egyptians  until 
some  time  after  the  death  of  Ptolemaeus  Lagi.*  It 
was  a  heavy  weapon,5  the  shaft  being  as  thick  as  a 
man  could  grasp,  and  the  iron  head  barbed,  and  of 
an  extraordinary  length  compared  with  the  snaft." 
The  Romans  adopted  the  use  of  the  gaesum  from 
the  Iberians.7 

*GAGA'TES  LAPIS  (yaydrne  Woe),  a  species 
of  Fossil,  supposed  to  have  been  the  same  with 
the  modern  Jet.  This  last  is  si  ill  even  called  Gaga- 
tes  by  some  mineralogists,  a  name  derived  from  the 
river  Gagas,  in  Lycia,  about  whose  mouth  this  min- 
eral was  found.8  "  The  Gagate,"  says  Adams,  "  is 
a  fossil  bituminous  substance,  containing  carbon  and 
ethereal  oil.  Without  doubt  it  is  jet,  which,  in  the 
systems  of  modern  mineralogists,  is  held  to  be  a 
variety  of  lignite.  The  Gagate  is  called  'Black 
Amber'  by  Pliny  ;  and,  in  fact,  it  is  nearly  allied  to 
amber ;  for,  when  rubbed  for  some  time,  it  becomes 
electric  like  amber."9 

GAIUS.     (Vid.  Institutiones.) 

*GALACTI'TES  LAPIS  (yalaKrirr/c  Woe), 
stone  of  an  ashen  colour,  according  to  Dioscorides 
sweet  taste,  and  yielding  a  milky  juice  when  tritura- 
ted. Pliny  makes  it  to  have  been  of  a  milky  col- 
our, and  to  have  been  brought  from  the  vicinity  of 
the  Nile.10     (Vid.  Galaxias.) 

*GALAX'IAS  LAPIS  (yala&ac),  a  slnne  of  an 
ashen  colour,  intersected  sometimes  with  white  and 
red  veins.  "  It  may  be  gathered  from  Dioscorides 
and  Pliny,"  observes  Dr.  Moore,11  "  with  the  authors 
cited  in  the  notes  of  Hardouin,  that  galaxias,  galacti- 
tes,  morochthus,  maroxus,  morochites,  leucogaea, 
leucographia,  leucographis,  and  synophites,  differed 
in  little  except  name,  or  were,  in  fact,  varieties  of  the 
same  substance,  which  came  either  from  the  Nile 
or  the  Acheloiis  ;  was  ash-coloured,  or  greenish,  or 
leek-coloured,  sometimes  with  red  and  white  veins ; 
was  readily  soluble  ;  and  when  rubbed  on  stone  or 
a  rough  garment,  left  a  white  mark  ;  besides  which, 
when  dissolved,  or  when  triturated  in  water,  it  ap- 
pears to  have  resembled  milk  in  colour  and  in  taste. 
Now  minerals  that  answer  the  above  description 
tolerably  well  are  Spanish  chalk  and  certain  other 
varieties  of  steatite,  which  are  found  of  the  col- 
ours indicated  ;  maybe  mixed  with,  and  suspended 
in,  water,  so  as  to  give  it  a  milky  appearance,  and 
a  smooth,  sweetish  taste ;  and  which,  moreover, 
make  a  white  mark  when  rubbed  upon  stone  or 
cloth." 

•II.,  a  name  given  by  Galen  to  the  Lamprey,  ac- 
cording to  Artedi.13 

*GALBANUM.     (Vid.  Chalbane.) 

*GALE  (yalrj),  commonly  thought  to  have  been 
the  Mustela  vulgaris,  or  Weasel.     There  are,  how- 


1.  (Catull.,  1.  c.)— 2.  (Virg.,  JEn.,  viii.,  662.—  Caes.,  Bell. 
Gall.,  iii.,  4.)— 3.  (ch.  viii.,  v.  18.)— 4.  (De  EibJ.  Text.,  ii.,  8.)— 
5.  (Festus,  s.  v.  Gaesum.)— 6.  (Polyb.,  vi.,  21.)—  7.  (Athen.,  viH 
106.)— 8.  (Plin.,  H.  N.,  xxxvi.,  34.— Moore's  Anc.  Mineralogy,  p. 
107.)— 9.  (Adams,  Append.,  s.  v.)— 10.  (Moore's  Anc.  Min.,  p. 
100.)— 11.  (Anc.  Min.,  p.  101.— Dioscor.,  v.,  152.— Plin.,  H.  N 
xxxvii.,  59.)—12.  (Adams,  Append.,  s.  v.) 

465 


GALEA. 


GALLI. 


ever,  according  to  Adams,  objections  to  this  opin- 
ion. The  Putorius,  or  Foumart,  is  noticed  by  Isi- 
dorus,  but  no  mention  of  it  occurs  in  the  works 
of  the  Greek  authors  now  extant.1 

GA'LEA  (Kpdvoc,  poet.  Kopvg,  nr/lrj^),  a  Helmet, 
a  Casque.  The  helmet  was  originally  made  of  skin 
or  leather,  whence  is  supposed  to  have  arisen  its 
appellation  kvvetj,  meaning  properly  a  helmet  of  dog- 
skin, but  applied  to  caps  or  helmets  made  of  the 
hide  of  other  animals  (ravpecr],  under},*  alyecT},3  ga- 
lea lupina%  and  even  to  those  which  were  entirely 
of  bronze  or  iron  (Trdyxalnoc 5)-  The  leathern  basis 
of  the  helmet  was  also  very  commonly  strengthened 
and  adorned  by  the  addition  of  either  bronze  or 
gold,  which  is  expressed  by  such  epithets  as  xa^- 
hrjprjc,  evxa^Koc,  xPvc^i7l-  Helmets  which  had  a 
metallic  basis  (Kpdvrj  ^a/Ua6)  were  in  Latin  proper- 
ly called  cassides,7  although  the  terms  galea  and  cas- 
sis are  often  confounded.  A  casque  (cassis)  found 
at  Pompeii  is  preserved  in  the  collection  at  Good- 
rich Court,  Herefordshire.8  The  perforations  for 
the  lining  and  exterior  border  are  visible  along  its 
edge.  A  side  and  a  front  view  of  it  are  presented 
•  the  annexed  woodcut. 


Two  casques  very  like  this  were  fished  up  from  the 
bed  of  the  Alpheus,  near  Olympia,  and  are  in  the 
possession  of  Mr.  Hamilton.9  Among  the  mate- 
rials used  for  the  lining  of  helmets  were  felt  (mXocu:) 
and  sponge.11 

The  helmet,  especially  that  of  skin  or  leather, 
was  sometimes  a  mere  cap  conformed  to  the  shape 
of  the  head,  without  either  crest  or  any  other  orna- 
ment (a(j)aX6v  te  mi  akoyov1*).  In  this  state  it  was 
probably  used  in  hunting  {galea  venatoria13),  and  was 
called  Karairv^,1*  in  Latin  Cudo.  The  preceding 
woodcut  shows  an  example  of  it  as  worn  by  Dio- 
mede  in  a  small  Greek  bronze,  which  is  also  in  the 
collection  at  Goodrich  Court.15  The  additions  by 
which  the  external  appearance  of  the  helmet  was 
varied,  and  which  served  both  for  ornament  and 
protection,  were  the  following : 

1.  Bosses  or  plates,  proceeding  either  from  the 
top  (0aAof16)  or  the  sides,  and  varying  in  number 
from  one  to  four  (dptytyaloc,  di<j>d?ioc,17  TerpdQaloc18). 
The  <pdloc  was  often  an  emblematical  figure,  refer- 
ring to  the  character  of  the  wearer.  Thus,  in  the 
colossal  statue  of  Minerva  in  the  Parthenon  at  Ath- 
ens, she  bore  a  sphinx  on  the  top  of  her  helmet, 
and  a  griffon  on  each  side.19 

2.  The  helmet  thus  adorned  was  very  commonly 
surmounted  by  the  crest  (crista,  lofyoc™),  which  was 
often  of  horsehair  (iTnrovpic  'nnrodaaeia  ;ai  16<j>uv  ed- 
etpai  ;22  hirsuta  juba*3),  and  made  so  as  to  look  impo- 
sing and  terrible,94  as  well  as  handsome25  (evloyoc™). 
In  the  Roman  army  the  crest  served  not  only  for 
ornament,  but  also  to  distinguish  the  different  cen- 
turions, each  of  whom  wore  a  casque  of  a  peculiar 
form  and  appearance.97 

1.  (Adams,  Append.,  s.  v. — Sprengel  ad  Dioscor.,  ii.,  28.) — 2. 
(Horn.,  II.,  x.,  258,  335.)— 3.  (Od.,  xxiv.,  230.— Herod.,  vii.,  77. 
— Compare  Kpdvrj  oKVTiva  :  Xen.,  Anab.,  v.,  4,  13.) — 4.  (Propert., 
iv.,  11,  19.)— 5.  (Od.,  xviii.,  377.)— 6.  (Xen.,  Anab.,  i.,  2,  16.)— 
7  (lsid.,  Orig.,  xviii.,  14. — Tacit.,  Germ.,  6.— Caesar,  B.  G.,  iii., 
45.)— 8.  (Skelton,  Engraved  Illust.,  i.,  pi.  44.)— 9.  (Dodwell, 
T;nr,  ii.,  p.  330.)— 10.  (Horn.,  II.,  x.,  265.)— 11.  (Aristot.,  H. 
A.,  v.,  16.)— 12.  (II.,  x.,  258.)— 13.  (C.  Nep.,  Dat.,  iii.,  2.)  —14. 
(Horn.,  11.,  1.  c.)— 15.  (Skelton,  1.  c.)— 16.  (Horn.,  II.,  iii.,  362.) 
—17.  (Horn.,  II.,  v.,  743.— Id.  ib.,  xi.,  41.— Eustath.,  ad  loc.)— 
18.  (II.,  xii.,  384.)— 19.  (Paus.,  i.,  24,  5.)— 20.  (Horn.,  II.,  xxii., 
316.)— 21.  (Horn.,  II.,  11.  cc.)— 22.  (Theocr.,  xxii.,  186.)— 23. 
(Propert.,  iv.,  11. 19.)— 24.  (Horn.,  II.,  iii.,  337.— Virg.,  2En.,  viii., 
820.)— 25.  (Ib.,ix.,  365  )— 26.  (Heliod.,  ^Eth.,vii.)— 27.  (Veget., 
ii.t  13.) 

4fr3 


3.  The  two  cheek-pieces  (bucculct,1  Kc^ayvaffU 
dec2),  which  were  attached  to  the  helmet  by  hinges, 
so  as  to  be  lifted  up  and  down.  They  had  buttons 
or  ties  at  their  extremities  for  fastening  the  hel- 
met on  the  head.3 

4.  The  beaver  or  visor,  a  peculiar  form  of  which 
is  supposed  to  have  been  the  avium?  rpv^dleta,  i. 
e.,  the  perforated  beaver.4  The  gladiators  wore 
helmets  of  this  kind,5  and  specimens  of  them,  not 
unlike  those  worn  in  the  Middle  Ages,  have  been 
found  at  Pompeii. 

Woodcuts  illustrative  of  these  four  classes  of  ad- 
ditions to  the  simple  cap  or  morion  occur  at  p.  26, 
27.  94,  95,  133,  268,  332,  381,  429.  The  five  follow- 
ing helmets,  more  highly  ornamented,  are  selected 
from  antique  gems,  and  are  engraved  of  the  size  of 
the  originals. 


*TAAE02  A2THPIA2  (yalebc  darrtplac),  a  spe- 
cies of  Fish,  either  a  variety  of  the  Squalus  Muste- 
lus,  or  else  the  Spotted  Dog-fish,  Squalus  Canicu- 
la* 

*TAAE02  KTQN  (yalsbg  kvuv),  the  Squalus  Ga- 
leus,  L.,  or  Tope  It  is  a  very  voracious  species 
of  Shark,  and  its  flesh  has  an  offensive  smell.7 

*TAAE02  AEI02  (yalebc  leloc),  a  species  of 
Fish,  the  Squalus  Mustelus,  L.,  or  Smooth  Hound,  oi 
Smooth  Shark  of  Pennant.  Mustelus  is  the  Latin 
translation  of  yalebc,  and  generic  for  the  Squali. 

*rAAE02  P0AI02  (yalebc  Todtoc),  a  variety  o* 
the  Accipenser  Stuno,  or  Sturgeon.9 

GALERUS.     (Vid.  Coma,  p.  293.) 

*GALIOPSIS  (yaliofic),  a  plant,  of  which  the 
following  description  is  given  by  Dioscorides  :l 
"  The  whole  plant,  with  its  stem  and  leaves,  resem- 
bles the  nettle  ;  but  its  leaves  are  smoother,  and 
considerably  fetid  when  rubbed ;  its  flowers  are 
small  and  purplish."  "  It  is  difficult  to  say,"  re- 
marks Adams,  "whether  this  description  applies 
better  to  the  Galiopsis  Tetrahit  (common  Hemp-net- 
tle), or  to  the  Lamium  purpureum  (Red  Dead-nettle). 
Bauhin  prefers  the  latter ;  and,  indeed,  I  am  not 
aware  that  any  of  the  commentators  acknowledge 
it  as  the  former,  although  it  appears  to  me  not  in- 
applicable. Sibthorp,  however,  has  fixed  on  a  plant 
different  from  either,  namely,  the  Scrofularia  pcre- 
grina,  or  Nettle-leaved  Figwort.  I  am  wholly  un- 
acquainted with  it."11 

*GALIQM  (ydliov),  the  Galium  Verum,  or  Yellow 
Bedstraw.  The  Greek  name  is  derived  from  ydla, 
"  milk,"  because  the  plant  was  used  instead  of  run- 
net  to  curdle  milk.  Sibthorp  found  it  in  Samos 
and  in  the  Peloponnesus.  The  Galium  Verrucosum 
is  the  diraptvrj  of  Dioscorides.13 

GALLI  was  the  name  of  the  priests  of  Cybele, 
whose  worship  was  introdu  ced  at  Rome  from  Phrygia 

1.  (Juv.,  x.,  134.)— 2.  (Eus'ath.  in  II.,  v.,  743.)— 3.  (Val. 
Flacc,  vi.,  626.)— 4.  (Horn.,  il.,  xi.,  353.  — Hase,  Life  of  Anc 
Greeks,  ch.  v.)  —  5.  (Juv.,  viii.,  203.)— 6.  (Aristot.,  H.  A.,  v., 
10. — Id.  ib.,  vii.,  11. — Adams,  Append.,  s.  v.)  —  7.  (Aristot.,  H 
A.,  vi.,  11. — Plin.,  H.  N.,  ix.,  46.  —  Adams,  Append.,  s.  v.)  —  8 
(Aristot.,  H.  A.,  vi.,  18.  —  Adams,  Append.,  s.  v.)  —  9-  <Adams, 
Append.,  s.  v.)— 1Q  (iv  .  93.^—11.  (Adams,  Append  ,  <  «r*--12 
(Dioscor.,  iv.,  94. — Adams,  Append.,  s.  v.) 


GALLUS. 


GALLUS 


(B.C.  2041).    The  Galli  were,  according  to  an  an- 
cient custom,  always  castrated  (spadones,  semimares, 
semiviri,  nee  viri  nee  famines),  and  it  would  seem 
that,  impelled  hy  religious  fanaticism,  they  perform- 
ed this  operation  on  themselves.2    In  their  wild, 
enthusiastic,  and  boisterous  rites,  they  resembled 
the  Corybantes,3  and  even  went  farther,  inasmuch 
as  in  their  fury  they  mutilated  their  own  bodies.* 
They  seem  to  have  been  always  chosen  from  a  poor 
and  despised  class  of  people ;  for,  while  no  other 
priests  were  allowed  to  beg,  the  Galli  (famuli  Idcece 
matris)  were  allowed  to  do  so  on  certain  days.5 
The  chief  priest  among  them  was  called  archigal- 
Ius.6    The  origin  of  the  name  of  Galli  is  uncertain  : 
according  to  Festus,7  Ovid,8  and  others,  it  was  de- 
rived from  the  river  Gallus  in  Phrygia,  which  flow- 
ed near  the  temple  of  Cybele,  and  the  water  of 
which  was  fabled  to  put  those  persons  who  drank 
of  it  into  such  a  state  of  madness  that  they  castra- 
ted themselves.9    The  supposition  of  Hieronymus10 
that  Galli  was  the  name  of  the  Gauls,  which  had 
been  given  to  these  priests  by  the  Romans  in  order 
to  show  their  contempt  of  that  nation,  is  unfound- 
ed, as  the  Romans  must  have  received  the  name 
from  Asia  or  from  the  Greeks,  by  whom,  as  Sui- 
das11  informs  us,  Gallus  was  used  as  a  common 
noun  for  eunuch.      There  exists  a  verb  gallare, 
which  signifies    to    rage  (insanire,   bacchari),   and 
which  occurs  in  one  of  the  fragments  of  Varro12  and 
in  the  Antholog.  Lat.,  torn,  i.,  p.  34,  ed.  Burmann. 

*GALLUS  (aXenrup  or  dXeKrpvcov),  the  Cock. 
11  There  are  few  facts  in  natural  history,"  observes 
Griffith,  "  so  difficult  to  determine  with  precision  as 
to  point  out  the  places  which  the  species  of  our 
common  cock  inhabited  at  first  in  its  state  of  free- 
dom and  independence.  Our  common  cock,  ac- 
cording to  M.  Temminck,  seems  to  have  originated 
from  the  Jago  Cock  (Gallus  Giganteus),  a  very  large 
wild  species,  which  inhabits  the  island  of  Sumatra, 
and  from  the  species  Bankiva,  another  primitive 
cock,  found  in  the  forests  of  Java.  If,  as  there  is 
every  reason  for  believing,  the  temperate  climes  of 
Asia  and  the  countries  of  Europe  did  not  in  ancient 
times  possess  the  cock  in  a  wild  state,  we  must  as- 
cend to  the  earliest  epoch  of  navigation,  and  pre- 
sume the  domestication  of  this  useful  bird  to  date 
from  those  remote  periods.  Under  the  reign  of  that 
great  prince,  who  ruled  with  so  much  glory  over  the 
tribes  of  Israel,  the  peacock  constituted  an  acquisi- 
tion worthy  of  being  enumerated  in  the  list  of  riches 
imported  into  Judaea  by  his  adventurous  fleets.  As 
this  discovery  of  the  peacock  was  made  in  the  time 
of  Solomon,  it  cannot  be  deemed  very  extraordinary 
that  the  cock,  which  inhabits  the  same  countries  as 
that  bird,  should  about  the  same  time  have  attract- 
ed the  attention  of  the  Hebrews.  Be  this  as  it 
may,  it  is  quite  certain  that  the  cock,  as  well  as  the 
peacock,  has  been  transported  by  man  into  the  dif- 
feient  countries  in  which  these  species  exist  at  the 
present  day  in  a  state  of  domestication." — Mention 
is  made  of  the  crowing  of  the  cock  in  the  Barpaxo- 
pvofiaxta  of  Homer.  On  the  supposition,  therefore, 
that  the  poem  is  genuine,  this  would  be  the  first  no- 
tice of  the  domestic  fowl  occurring  in  the  Greek 
writers.  As,  however,  all  the  other  early  poets  are 
silent  in  relation  to  this  bird,  Knight  founds  on  this 
circumstance  an  argument  against  the  authenticity 
of  the  poem  in  question.  He  admits,  however,  at 
the  same  time,  that  a  representation  of  the  cock  ap- 

1.  (Liv.,  xxix.,  10,  14.  — Id.,  xxxvi.,  36.)  —2.  (Juv.,  vi.,  512, 
Ac.  —  Ovid,  Fasti,  iv.,  237.  —  Martial,  iii.,  81.  —  Id.,  xi.,  74.— 
Plin.,  II.  N.,  xi.,  49.) — 3.  (Lucan,  i.,  565,  &c. — Compare  Hila- 
RIA.)  —  4.  (Propert.,  ii.,  18,  15. )— 5.  (Cic,  De  Leg.,  ii.,  9  and 
16.)— 6.  (Servius  ad  JEn.,  ix.,  116.)—  7.  (s.  v.)  — 8.  (Fast.,  iv., 
363.)  —9.  (Compare  Plin.,  H.  N.,  v.,  32.— Id.  ib.,  xi.,  40.  — Id. 
ib.,  xx» i.,  2.— Herodian.,  i.,  11.)  —  10.  (Cap.  Oseae,  4.)  — 11.  (8. 
v  )— 12    (p.  273.  ed.  Bip.) 


pears  on  the  silver  coins  of  the  people  Oi  Samo. 
thrace  and  Himera  at  least  six  centuries  before  the 
Christian  era.  Athenaeus  cites  a  passage  from  s 
Greek  writer  named  Menodotus,  in  which  the  cock 
is  spoken  of  as  a  native  of  Persia  ;  and  in  another 
part  of  his  work  he  quotes  from  Cratinus,  who  calls 
the  cock  a  Persian  bird.  Aristophanes  also  styles 
the  domestic  fowl  a  bird  of  Persian  origin  in  his 
comedy  of  the  Aves.  Beck,  however,  in  his  com 
mentary  on  Aristophanes,  thinks  that  the  cock  was 
called  Persian  from  the  resemblance  of  its  comb  to 
the  Persian  covering  for  the  head  ;  but  the  passage 
cited  by  Athenaeus  from  Menodotus  assigns  a  much 
more  probable  reason.  —  Cock-fighting  became  in 
time  a  favourite  amusement  among  the  Greeks. 
Pliny  says  that  battles  of  this  kind  were  annually  ex- 
hibited at  Pergamus,  in  the  same  manner  as  com- 
bats of  gladiators.  Cock-fights  were  also  repre- 
sented by  the  Greeks  on  coins  and  cut  stones. 
Various  means  were  also  employed  to  increase  the 
irritability  and  courage  of  these  birds.  Dioscorides 
and  Pliny  speak  of  a  plant  named  adiantum  having 
been  used  for  this  purpose.  Garlic  was  also  given, 
as  we  are  told  by  Xenophon. — The  following  singu- 
lar description  of  the  cock  is  given  by  Pliny  :  "  Af- 
ter the  peacock,  the  birds  which  are  most  sensible 
to  glory  are  those  active  sentinels  which  Nature 
has  furnished  to  arouse  us  from  our  matin  slum 
bers,  and  send  us  to  our  daily  occupations.  They 
are  acquainted  with  the  stars,  and  every  three  hours 
they  indicate  by  their  crowing  the  different  periods 
of  the  day.  They  retire  to  repose  with  the  setting 
sun,  and  from  the  fourth  military  watch  they  recall 
us  loudly  to  our  cares  and  labours.  They  do  not 
suffer  the  daybeam  to  surprise  us  without  timely 
warning.  Their  crowing  announces  the  hour  of 
morning ;  and  the  crowing  itself  is  announced  by 
the  clapping  of  their  wings.  Each  farmyard  ha? 
its  peculiar  king ;  and  among  these  monarchs,  as 
among  princes  of  our  own  race,  empire  is  the  meed 
of  victory.  They  appear  to  comprehend  the  design 
of  those  weapons  with  which  their  feet  are  armed. 
It  is  not  uncommon  for  two  rivals  to  perish  in 
the  combat.  If  one  be  conqueror,  he  immediately 
sings  forth  his  triumph  and  proclaims  his  suprema- 
cy :  the  other  retreats  and  disappears,  ashamed  of 
his  defeat.  The  gait  of  the  cock  is  proud  and  com- 
manding ;  he  w7alks  with  head  erect  and  elevated 
crest.  Alone  of  all  birds,  he  habitually  looks  up  to 
the  sky,  raising  at  the  same  time  his  curved  and 
scythe-formed  tail,  and  inspiring  terror  in  the  lion 
himself,  that  most  intrepid  of  animals.  Some  of 
these  birds  seem  actually  born  for  nothing  but  war- 
fare and  battles  ;  some  have  rendered  the  countries 
which  produced  them  famous,  such  as  Rhodes  and 
Tanagra.  The  second  rank  is  assigned  to  those 
from  Melos  and  Chalcis — birds  truly  worthy  of  the 
homage  they  receive  from  the  Roman  purple  ! 
Their  repasts  are  solemn  presages  ;  they  regulate 
daily  the  conduct  of  our  magistrates,  and  open  or 
close  to  them  their  dwellings.  They  prescribe  re 
pose  or  movement  to  the  Roman  fasces  ;  they  com- 
mand or  prohibit  battles  ;  they  have  announced  all 
the  victories  gained  throughout  the  universe  ;  in  a 
word,  they  lord  it  over  the  masters  of  the  world. 
Their  very  entrails  and  fibres  are  not  less  agreeable 
to  the  gods  than  the  richest  victims  Their  pro- 
longed notes  in  the  evening,  and  at  extraordinary 
hours,  constitute  presages.  By  crowing  all  night 
long,  they  announced  to  the  Boeotians  a  celebrated 
victory  over  the  Lacedaemonians  :  thus  did  the  di- 
viners interpret  it,  because  this  bird  never  crows 
when  he  is  conquered."1 — The  cock  was  sacred  to 
Mars,  on  account  of  its  courageous  spirit  and  pug- 


1    l Griffith's  Cuvier,  vol  viii  ,  p   170,  <fcc.) 

467 


GENISTA. 


GENS. 


liaeious  habits  ;  and  also  to  JEsculapius,  to  Night, 
ami  to  the  Lares.  It  was  sacred  to  these  last  on 
account  of  its  vigilant  qualities. — It  remains  but  to 
add,  that  the  aXetcrpvuv  'lvdinoc  of  j^Elian  would  ap- 
pear to  have  been  some  one  of  the  larger  Gallinaceae 
of  India,  and  not  the  Turkey,  or  Meleagris  Galliparo, 
although,  as  Adams  remarks,  Barrington  and  others 
contend  that  it  was  known  in  Africa  and  India  be- 
fore the  discovery  of  America.1 

GAMETJA  (yaunlia).  The  demes  and  phratries 
of  Attica  possessed  various  means  to  prevent  in- 
truders from  assuming  the  rights  of  citizens.  ( Vid. 
Diapsephisis.)  Among  other  regulations,  it  was 
ordained  that  every  bride,  previous  to  her  marriage, 
should  be  introduced  by  her  parents  or  guardians  to 
the  phratria  of  her  husband  (ya/xnXlav  virep  yvvaiKoc 
dafyipeiv2).  This  introduction  of  the  young  women 
was  accompanied  by  presents  to  their  new  phra- 
tores,  which  were  called  yafinXia.3  The  women 
were  enrolled  in  the  lists  of  the  phratries,  and  this 
enrolment  was  also  called  ya/xnMa.  The  presents 
seem  to  have  consisted  in  a  feast  given  to  the 
phratores,  and  the  phratores,  in  return,  made  some 
offerings  to  the  gods  on  behalf  of  the  young  bride.* 
The  acceptance  of  the  presents,  and  the  permission 
to  enrol  the  bride  in  the  registers  of  the  phratria, 
was  equivalent  to  a  declaration  that  she  was  con- 
sidered a  true  citizen,  and  that,  consequently,  her 
children  would  have  legitimate  claims  to  'all  the 
rights  and  privileges  of  citizens.5 

TafxrjXia  was  also  the  name  of  a  sacrifice  offered 
to  Athena  on  the  day  previous  to  the  marriage  of  a 
girl.  She  was  taken  by  her  parents  to  the  temple 
of  the  goddess  in  the  Acropolis,  where  the  offerings 
were  made  on  her  behalf.6 

The  plural,  yaunHat,  was  used  to  express  wed- 
ding solemnities  in  general.7 

GAMOS.     (Vid.  Marriage,  Greek.) 

GAUSAPA,  GAUSAPE,  or  GAUSAPUM,  a  kind 
of  thick  cloth,  which  was  on  one  side  very  woolly, 
an  d  was  used  to  cover  tables,8  beds, 9  and  by  persons  to 
wrap  themselves  up  after  taking  a  bath,10  or  in  gen- 
eral to  protect  themselves  against  rain  and  cold.11 
It  was  worn  by  men  as  well  as  women."  It  came 
in  use  among  the  Romans  about  the  time  of  Augus- 
tus,13 and  the  wealthier  Romans  had  it  made  of  the 
finest  wool,  and  mostly  of  a  purple  colour.  The 
gausapum  seems,  however,  sometimes  to  have  been 
made  of  linen,  but  its  peculiarity  of  having  one  side 
more  woolly  than  the  other  always  remained  the 
same.1*  As  Martial15  calls  it  gausapa  quadrata,  we 
have  reason  to  suppose  that,  like  the  Scotch  plaid, 
it  was  always,  for  whatever  purpose  it  might  be 
used,  a  square  or  oblong  piece  of  cloth.16 

The  word  gausapa  is  also  sometimes  used  to 
designate  a  thick  wig,  such  as  was  made  of  the 
hair  of  Germans,  and  worn  by  the  fashionable  peo- 
ple at  Rome  in  the  time  of  the  emperors.17  Persius18 
also  applies  the  word  in  a  figurative  sense  to  a  thick 
and  full  beard. 

GENESIA.     (Vid.  Funus,  p.  458.) 

♦GENISTA,  Spanish  Broom,  or  Spartium  junce- 
tm,  L.  It  grows  abundantly  in  most  parts  of  Italy, 
and  the  peasants  weave  baskets  of*  its  slender 
branches.  The  flowers  are  very  sweet,  last  long, 
and  are  agreeable  to  bees.  Pliny  says  it  was  used 
in  dyeing,  but  he  means  the  Genista  tinctoria,  called 

1.  (Adams,  Append.,  s.  v.  aXiicTwp.)  —  2.  (Isaeus,  De  Pyrrh. 
haercd.,  p.  62,  65,  &c.  —  Id.,  De  Ciron.  haered.,  p.  208.  —  De- 
mosth.,  c.  Eubul.,  p.  1312  and  1320.)— 3.  (Suidas,  s.  v.— Schol. 
ad  Dera  ,  c.  Eubul.,  p.  1312.)— 4.  (Pollux,  Onom.,  iii.,  3. — Id. 
ib.,  viii.,  9,  28.)  — 5.  (Herm.,  Polit.  Antiq.,  t>  100,  n.  1.)  — 6. 
(Suidas,  s.  v.  UporiXeia.)— 7.  (Lycophron  ap.  Etym.  M.,  s.  v.) 
—8.  (Horat.,  Sat.,  II.,  11. — Lucil.  ap.  Priscian.,  ix.,  870.) — 9. 
(Mart.,  xiv.,  147.)— 10.  (Petron.,  28.)— 11.  (Seneca,  Epist.,  53.) 
12.  (Ovid,  A.  A.,  ii.,  300.)— 13.  (Plin.,  H.  N.,  viii.,  48.)— 14. 
(Mart.,  xiv.,  138.)— 15.  (xiv.,  152.)— 16.  (Vid.  Bottiger,  Sabina, 
ii.,  p.  102.)— 17.  (Pers.,  Sat.,  vi.,  46.)— 18.  (Sat.,  iv.,  38.) 
468 


by  some  Wood -wax  and  Green -weed.  Martyn 
thinks  that  the  Spanish  Broom  might  be  used  for 
the  same  purpose.1 

GENS.  This  word  contains  the  same  element 
as  the  Latin  gen,us  and  gi,gn,o,  and  as  the  Greek 
yevyoc,  yi-yv-ouai,  &c.,  and  it  primarily  signifies  kin. 
But  the  word  has  numerous  significations,  which 
have  either  a  very  remote  connexion  with  this  its 
primary  notion,  or  perhaps  none  at  all. 

Gens  sometimes  signifies  a  whole  political  com- 
munity, as  Gens  Latinorum,  Gens  Campanorum, 
&c. ;  though  it  is  probable  that  in,  this  application 
of  the  term,  the  notion  of  a  distinction  of  race  01 
stock  is  implied,  or  at  least  the  notion  of  a  totality 
of  persons  distinguished  from  other  totalities  by 
intermarriage  and  increase  of  their  numbers  among 
themselves  only.  Cicero2  speaks  of  "  Gentes  uni- 
verses in  civitatem  receptee,  ut  Sabinorum,  Volscorum, 
Hernicorum."  It  is  a  consequence  of  such  meaning 
of  gens,  rather  than  an  independent  meaning,  that 
the  word  is  sometimes  used  to  express  a  people 
with  reference  to  their  territorial  limits. 

The  meaning  of  the  word  in  the  expression  jus 
gentium  is  explained  under  Jus. 

The  words  Gens  and  Gentiles  have  a  special 
meaning  in  the  system  of  the  Roman  law  and  in  the 
Roman  constitution.  Cicero3  has  preserved  a  defi- 
nition of  gentiles  which  was  given  by  Scseyola  the 
pontifex,  and  which,  with  reference  to  the  time, 
must  be  considered  complete.  Those  were  gentiles, 
according  to  Scsevola,  (1)  who  bore  the  same  name, 
(2)  who  were  born  of  freemen  (ingenui),  (3)  none 
of  whose  ancestors  had  been  a  slave,  and,  (4)  who 
had  suffered  no  capitis  diminutio.  This  definition 
contains  nothing  which  shows  a  common  bond  of 
union  among  gentiles,  except  the  possession  of  a 
common  name  ;  but  those  who  had  a  common  name 
were  not  gentiles,  if  the  three  other  conditions  con- 
tained in  this  definition  were  not  applicable  to  them. 
There  is  also  a  definition  of  gentilis  by  Festus  : 
"  That  is  called  Gens  ^Elia  which  is  composed 
(conficitur)  of  many  familiae.  Gentilis  is  both  one 
who  is  of  the  same  stock  (genus)  and  one  who  is 
called  by  the  same  name  (simili  nomine),  as  Cincius 
says,  those  are  my  gentiles  who  are  called  by  my 
name."  "  Gentilis  dicitur  ct  ex  eodem  genere  ortus, 
et  is  qui  simili  nomine  appellatur.^  The  second  et 
is  sometimes  read  ut,  which  is  manifestly  not  the 
right  reading,  as  the  context  shows.  Besides,  if 
the  words  "ut  is  qui  simili  nomine  appellatur"  are 
to  be  taken  as  an  illustration  of  "ex  eodem  genere 
ortus,"  as  they  must  be  if  ut  is  the  true  reading, 
then  the  notion  of  a  common  name  is  viewed  as  of 
necessity  being  contained  in  the  notion  of  common 
kin,  whereas  there  may  be  common  kin  without 
common  name,  and  common  name  without  common 
kin.  Thus  neither  does  common  name  include  all 
common  kin,  nor  does  common  kin  include  all  com- 
mon name,  yet  each  includes  something  that  the 
other  includes. 

We  cannot  conclude  anything  more  from  the  con- 
ficitur of  Festus  than  that  a  gens  contained  several 
familiae,  or  that  several  familias  were  comprehended 
under  one  gens.  According  to  the  definition,  per- 
sons of  the  same  genus  (kin)  were  gentiles,  and  also 
persons  of  the  same  name  were  gentiles.  If  Festus 
meant  to  say  that  all  persons  of  the  same  genus 
and  all  persons  of  the  same  name  were  gentiles,  his 
statement  is  inconsistent  with  the  definition  of  the 
pontifex ;  for  persons  might  be  of  the  same  genus, 
and  might  have  sustained  a  capitis  diminutio  either 
by  adoption,  or  adrogation,  or  by  emancipation  :  in 
all  these  cases  the  genus  would  remain,  for  the  nat- 
ural relationship  was  not  affected  by  any  change  in 

1.  (Plin.,  H.  N.,  xuriii.,  5— Virg.,  Georg.,  ii.,  12.— Martyn 
ad  loc.)— 2.  (Pro  Ba'Jjo,  c.  13.)— 3.  (Top.,  6.) 


GENS. 


tiENS. 


me  juristical  status  of  a  person :  in  the  cases  of 
adoption  and  adrogation  the  name  would  be  lost,  in 
the  case  of  emancipation  it  would  be  retained.  If 
the  definition  of  Festus  means  that  among  those  of 
the  same  genus  there  may  be  gentiles,  and  among 
those  of  the  same  name  gentiles  may  also  be  in- 
cluded, his  definition  is  true ;  but  neither  part  of 
the  definition  is  absolutely  true,  nor,  if  both  parts 
are  taken  together,  is  the  whole  definition  absolute- 
ly true.  It  seems  as  if  the  definition  of  gentiles 
was  a  matter  of  some  difficulty  ;  for  while  the  pos- 
session of  a  common  name  was  the  simplest  gen- 
eral characteristic  of  gentilitas,  there  were  other 
conditions  which  were  equally  essential. 

The  name  of  the  gens  was  always  characterized 
by  the  termination  ia,  as  Julia,  Cornelia,  Valeria. 

When  a  man  died  intestate  and  without  agnati, 
his  familia  (vid.  Familia),  by  the  law  of  the  Twelve 
Tables,  came  to  the  gentiles  ;  and  in  the  case  of  a 
lunatic  (furiosus)  who  had  no  guardians,  the  guard- 
ianship of  the  lunatic  and  his  property  belonged  to 
the  agnati  and  to  the  gentiles ;  to  the  latter,  we 
may  presume,  in  case  the  former  did  not  exist. 

Accordingly,  one  part  of  the  jus  gentilitium  or  jus 
gentilitatis  related  to  successions  to  the  property 
of  intestates  who  had  no  agnati.  A  notable  exam- 
ple of  a  dispute  on  this  subject  between  the  Claudii 
and  Marcelli  is  mentioned  in  a  difficult  passage  of 
Cicero.1  The  Marcelli  claimed  the  inheritance  of 
an  intestate  son  of  one  of  the  liberti  or  freedmen  of 
their  familia  (stirpe) ;  the  Claudii  claimed  the  same 
by  the  gentile  rights  {genie).  The  Marcelli  were 
plebeians,  and  belonged  to  the  patrician  Claudian 
gens.  Niebuhr  observes  that  this  claim  of  the 
Claudii  is  inconsistent  with  Cicero's  definition,  ac- 
cording to  which  no  descendant  of  a  freedman  could 
be  a  gentilis ;  and  he  concludes  that  Cicero  (that  is, 
Scaevola)  must  have  been  mistaken  in  this  part  of 
his  definition.  But  it  must  be  observed,  though  the 
descendants  of  freedmen  might  have  no  claim  as 
gentiles,  the  members  of  a  gens  might,  as  such,  have 
claims  against  them  ;  and  in  this  sense  the  descend- 
ants of  freedmen  might  be  gentiles.  It  would 
seem  as  if  the  Marcelli  united  to  defend  their  sup- 
posed patronal  rights  to  the  inheritance  of  the  sons 
of  freedmen  against  the  claims  of  the  gens  ;  for  the 
law  of  the  Twelve  Tables  gave  the  inheritance  of  a 
freedman  only,  who  died  intestate  and  without 
hens,  to  his  patron,  and  not  the  inheritance  of  the 
son  of  a  freedman.  The  question  might  be  this : 
whether  the  law,  in  the  case  supposed,  gave  the 
hereditas  to  the  gens  as  having  a  right  paramount 
to  the  patronal  right.  It  may  be  that  the  Marcelli 
as  being  included  in  the  Claudia  gens,  were  sup- 
posed to  have  merged  their  patronal  rights  (if  they 
really  existed  in  the  case  in  dispute)  in  those  of  the 
gens.  Whether,  as  members  of  the  gens,  the  ple- 
beian Marcelli  would  take  as  gentiles  what  they  lost 
as  patroni,  may  be  doubted. 

It  is  generally  said  or  supposed  that  the  hereditas 
which  came  to  a  gens  was  divided  among  the  gen- 
tiles, which  must  mean  the  heads  of  familiae.  This 
may  be  so  ;  at  least,  we  must  conceive  that  the 
hereditas,  at  one  period  at  least,  must  have  been  a 
benefit  to  the  members  of  the  gens  :  Caesar  is  said2 
to  have  been  deprived  of  his  gentilitiae  hereditates. 
In  determining  that  the  property  of  intestates 
should  ultimately  belong  to  the  gens,  the  law  of  the 
Twelve  Tables  was  only  providing  for  a  case  which, 
in  every  civilized  country,  is  provided  for  by  posi- 
tive law  ;  that  is,  the  right  to  the  property  of  a  per- 
ron who  dies  without  having  disposed  of  it,  or  leaving 
those  whom  the  law  recognises  as  entitled  to  it. 
The  gens  had  thus  a  relation  to  the  gentiles  sim- 
ilar  to  that  which  subsists  in  modern  states  between 

1.  (Be  Orat.,  i..  39.)— 2.  (Sueton.,  Jul.,  1.) 


the  sovereign  power  and  persons  dying  intestate? 
and  without  heirs  or  next  of  kin.  The  mode  in 
which  such  a  succession  was  applied  by  the  gens 
was  probably  not  determined  by  law  ;  and  as  the 
gens  was  a  kind  of  juristical  person,  analogous  tc 
the  community  of  a  civitas,  it  seems  not  unliKely 
that  originally  inheritances  accrued  to  the  gens  as 
such,  and  were  common  property.  The  gens  must 
have  had  some  common  property,  such  as  sacella, 
&c.  It  would  be  no  difficult  transition  to  imagine, 
that  what  originally  belonged  to  the  gens  as  such, 
was  in  the  course  of  time  distributed  among  the 
members,  which  would  easily  take  place  when  the 
familiae  included  in  a  gens  were  reduced  to  a  small 
number. 

There  were  certain  sacred  rites  (sacra  gcntilitia) 
which  belonged  to  a  gens,  to  the  observance  of 
which  all  the  members  of  a  gens,  as  such,  were 
bound,  whether  they  were  members  by  birth,  adop- 
tion, or  adrogation.  A  person  was  freed  from  the 
observance  of  such  sacra,  and  lost  the  privileges 
connected  with  his  gentile  rights,  when  he  lost  his 
gens,  that  is,  when  he  was  adrogated,  adopted,  or 
even  emancipated ;  for  adrogation,  adoption,  and 
emancipation  were  accompanied  by  a  diminutio 
capitis. 

When  the  adoption  was  from  one  familia  into  an 
other  of  the  same  gens,  the  name  of  the  gens  was 
still  retained ;  and  when  a  son  was  emancipated, 
the  name  of  the  gens  was  still  retained ;  and  yet, 
in  both  these  cases,  if  we  adopt  the  definition  of 
Scsevola,  the  adopted  and  emancipated  persons  lost 
the  gentile  rights,  though  they  were  also  freed  from 
the  gentile  burdens  (sacra).  In  the  case  of  adop- 
tion and  adrogation,  the  adopted  and  adrogated  per- 
son who  passed  into  a  familia  of  another  gens  must 
have  passed  into  the  gens  of  such  familia,  and  so 
must  have  acquired  the  rights  of  that  gens.  Such 
a  person  had  sustained  a  capitis  diminutio,  and  its 
effect  was  to  destroy  his  former  gentile  rights,  to- 
gether with  the  rights  of  agnation.  The  gentile 
rights  were,  in  fact,  implied  in  the  rights  of  agnation, 
if  the  paterfamilias  had  a  gens.  Consequently,  he 
who  obtained,  by  adrogation  or  adoption,  the  rights 
of  agnation,  obtained  also  the  gentile  rights  of  his 
adopted  father.  In  the  case  of  adrogation,  the  ad- 
rogated person  renounced  his  gens  at  the  Comitia 
Curiata,  which  solemnity  might  also  be  expressed 
by  the  term  "  sacra  detestari,"  for  sacra  and  gens 
are  often  synonymous.  Thus,  in  such  case,  adro- 
gatio,  on  the  part  of  the  adopted  father,  correspond- 
ed to  detestatio  sacrorum  on  the  part  of  the  adroga- 
ted son.  This  detestatio  sacrorum  is  probably  the 
same  thing  as  the  sacrorum  alienatio  mentioned  by 
Cicero.1  It  was  the  duty  of  the  pontifices  to  look 
after  the  due  observation  of  the  gentile  sacra,  and 
to  see  that  they  were  not  lost.2  Each  gens  seems 
to  have  had  its  peculiar  place  (sacellum)  for  the  cel- 
ebration of  the  sacra  gentilitia,  which  were  per- 
formed at  stated  times.  The  sacra  gentilitia,  as 
already  observed,  were  a  burden  on  the  members  of 
a  gens  as  such.  The  sacra  privata  were  a  charge 
on  the  property  of  an  individual ;  the  two  kinds  O' 
sacra  were  thus  quite  distinct. 

According  to  the  traditional  accounts  of  the  old 
Roman  constitution,  the  gentes  were  subdivisions 
of  the  curiae  analogous  to  the  curiae,  which  were 
subdivisions  of  the  tribes.  There  were  ten  in  each 
curiae,  and,  consequently,  one  hundred  gentes  in 
each  tribe,  and  three  hundred  in  the  three  tribes. 
Now  if  there  is  any  truth  in  the  tradition  of  this 
original  distribution  of  the  population  into  tribes, 
curiae,  and  gentes,  it  follows  that  there  was  no  ne- 
cessary kinship  among  those  families  which  belong 


1.  (Orator.,  c.  42.)— 2.  (Pro  Domo,  c  13,  Ac) 

469 


GENS. 


GENS. 


ed  to  a  gtns,  an>  more  than  among  those  families 
which  belonged  to  one  curia. 

We  know  nothing  historically  of  the  organization 
of  civil  society,  but  we  know  that  many  new  politi- 
cal bodies  have  been  organized  out  of  the  materials 
of  existing  political  bodies.  It  is  useless  to  conjec- 
ture vhat  was  the  original  organization  of  the  Ro- 
man state.  We  must  take  the  tradition  as  it  has 
come  down  to  us.  The  tradition  is  not,  that  familiae 
related  by  blood  were  formed  into  gentes,  that 
these  gentes  were  formed  into  curiae,  that  these  cu- 
rie were  formed  into  tribes.  Such  a  tradition 
would  contain  its  own  refutation,  for  it  involves  the 
notion  of  the  construction  of  a  body  politic  by  the 
aggregation  of  families  into  unities,  and  by  farther 
combinations  of  these  new  unities.  The  tradition 
is  of  three  fundamental  parts  (in  whatever  manner 
formed),  and  of  the  divisions  of  them  into  smaller 
parts.  The  smallest  political  division  is  gens.  No 
farther  division  is  made,  and  thus,  of  necessity, 
when  we  come  to  consider  the  component  parts  of 
gens,  we  come  to  consider  the  individuals  com- 
prised in  it.  According  to  the  fundamental  princi- 
ples of  Roman  law,  the  individuals  arrange  them- 
selves into  familiae  under  their  respective  patres- 
familiee.  It  follows,  that  if  the  distribution  of  the 
people  was  effected  by  a  division  of  the  larger  into 
smaller  parts,  there  could  be  no  necessary  kin  among 
the  familiae  of  a  gens ;  for  kinship  among  all  the 
members  of  a  gens  could  only  be  effected  by  select- 
ing kindred  familiae,  and  forming  them  into  a  gens. 
If  the  gens  was  the  result  of  subdivision,  the  kin- 
ship of  the  original  members  of  such  gens,  when- 
ever it  existed,  must  have  been  accidental. 

There  is  no  proof  that  the  Romans  considered 
that  there  was  kinship  among  the  familiae  originally 
included  in  a  gens.  Yet  as  kinship  wTas  evidence 
of  the  rights  of  agnatio,  and,  consequently,  of  gen- 
tile rights,  when  there  had  been  no  capitis  diminu- 
tio,  it  is  easy  to  see  how  that  which  was  evidence 
of  the  rights  of  agnatio,  and,  consequently,  of  gen- 
tile rights,  might  be  viewed  as  part  of  the  definition 
of  gentilis,  and  be  so  extended  as  to  comprehend  a 
supposed  kinship  among  the  original  members  of 
the  gens.  The  word  gens  itself  would  also  favour 
such  a  supposition,  especially  as  the  word  genus 
seems  to  be  often  used  in  the  same  sense.1  This 
iiotion  of  kinship  appears  also  to  be  confirmed  by 
the  fact  of  the  members  of  the  gens  being  distin- 
guished by  a  common  name,  as  Cornelia,  Julia,  &c. 
But  many  circumstances  besides  that  of  a  common 
origin  may  have  given  a  common  name  to  the  gen- 
tiles ;  and,  indeed,  there  seems  nothing  more  strange 
in  all  the  gentiles  having  a  common  name,  than 
there  being  a  common  name  for  all  the  members  of 
a  curia  and  a  tribe. 

As  the  gentes  were  subdivisions  of  the  three  an- 
cient tribes,  the  populus  (in  the  ancient  sense)  alone 
had  gentes,  so  that  to  be  a  patrician  and  to  have  a 
gens  were  synonymous ;  and  thus  we  find  the  ex- 
pressions gens  and  patricii  constantly  united.  Yet 
it  appears,  as  in  the  case  already  cited,  that  some 
gentes  contained  plebeian  familiae,  which  it  is  con- 
jectured had  their  origin  in  marriages  between  pa- 
tricians and  plebeians  before  there  was  connubium 
between  them.  When  the  lex  was  carried  which 
established  connubium  between  the  plebs  and  the 
patres,  it  was  alleged  that  this  measure  would  con- 
lound  the  gentile  rights  {jura  gentium*).  Before 
this  connubium  existed,  if  a  gentilis  married  a  wom- 
an not  a  gentilis,  it  followed  that  the  children  could 
not  be  gentiles ;  yet  they  might  retain  the  gentile 
name,  and  thus,  in  a  sense,  the  family  might  be 
gentile  without  the  gentile  privileges.     Such  mar- 


1.  (Cic,  Pro  Balbo.  c.  14.)- 

470 


-2.  (Liv.,iv.,  1.) 


riages  would,  in  effect,  introduce  confusion  ;  and  i( 
does  not  appear  how  this  would  be  increased  by 
giving  to  a  marriage  between  a  gentile  man  and  a 
woman  not  gentilis,  the  legal  character  of  connubi- 
um  ;  the  effect  of  the  legal  change  was  to  give  the 
children  the  gentilitas  of  their  father.  It  is  some- 
times said  that  the  effect  of  this  lex  was  to  give 
the  gentile  rights  to  the  plebs,  which  is  an  absurdi- 
ty ;  for,  according  to  the  expression  of  Livy,1  which 
is  conformable  to  a  strict  principle  of  Roman  law, 
"  patrem  sequuntur  liberi,"  and  the  children  of  a 
plebeian  man  could  only  be  plebeian.  Before  the 
passing  of  this  lex,  it  may  be  inferred,  that  if  a  pa- 
trician woman  married  out  of  her  gens  (e  gente,  e 
patribus  enupsit),  it  was  no  marriage  at  all,  and  that 
the  children  of  such  marriage  were  not  in  the  power 
of  their  father,  and,  it  seems  a  necessary  conse- 
quence, not  Roman  citizens.  The  effect  would  be 
the  same,  according  to  the  strict  principles  of  Ro- 
man law,  if  a  plebeian  married  a  patrician  woman 
before  there  was  connubium  between  them  ;  for  if 
there  was  no  connubium,  there  was  no  legal  mar- 
riage, and  the  offspring  were  not  citizens,  which  is 
the  thing  complained  of  by  Canuleius.2  It  does  not 
appear,  then,  how  such  marriages  will  account  fur 
plebeian  familiae  being  contained  in  patrician  gentes, 
unless  we  suppose  that  when  the  children  of  a  gen- 
tile man  and  a  plebeian  woman  took  the  name  of 
the  father,  and  followed  the  condition  of  the  mother, 
they  were  in  some  way  or  other,  not  easy  to  ex- 
plain, considered  as  citizens  and  plebeians.  But  if 
this  be  so,  what  would  be  the  status  of  the  children 
of  a  patrician  woman  by  a  plebeian  man  1 

Niebuhr  assumes  that  the  members  of  the  gens 
(gentiles)  were  bound  to  assist  their  indigent  fel- 
lows in  bearing  extraordinary  burdens  ;  but  this  as- 
sertion  is  founded  on  the  interpretation  given  to  the 
words  rove,  yivet  irpoa^Kovrag  of  Dionysius,3  which 
have  a  simpler  and  more  obvious  meaning.  What- 
ever probability  there  may  be  in  the  assumption  of 
Niebuhr,  as  founded  on  the  passage  above  cited, 
and  one  or  twro  other  passages,  it  cannot  be  consid- 
ered as  a  thing  demonstrated. 

A  hundred  new  members  were  added  to  the  sen- 
ate by  the  first  Tarquin.  These  were  the  repre- 
sentatives of  the  Luceres,  the  third  and  inferior 
tribe,  which  is  indicated  by  the  gentes  of  this  tribe 
being  called  Minores  by  way  of  being  distinguished 
from  the  older  gentes,  Majores,  of  the  Ramnes  and 
Tities,  a  distinction  which  appears  to  have  been 
more  than  nominal.  (Vid.  Senatus.)  See  the  cu 
rious  letter  of  Cicero  to  Paetus.4 

If  the  gentes  were  such  subdivisions  of  a  curia, 
as  already  stated,  it  may  be  asked  what  is  meant 
by  new  gentes  being  introduced  among  the  curiae, 
for  this  undoubtedly  took  place.  Tullus  Hostilius 
incorporated  the  Julii,  Servilii,  and  others  among 
the  Patricii,  and,  consequently,  among  the  curiae. 
The  Claudii  were  a  Sabine  gens,  who,  it  was  said,* 
were  received  among  the  patricii  after  the  banish- 
ment of  the  kings.  A  recent  writer  (Goettling)  at- 
tempts to  remove  this  difficulty  by  assuming,  ac- 
cording to  his  interpretation  of  Dionysius,6  a  divis- 
ion of  the  curiae  into  ten  decuriae,  and  by  the  farther 
assumption  of  an  indefinite  number  of  gentes  in 
each  decuria.  Consistently  with  this,  he  assumes 
a  kinship  among  the  members  of  the  same  gens, 
according  to  which  hypothesis  the  several  patres- 
familiae  of  such  gens  must  have  descended,  or 
claimed  descent,  from  a  common  ancestor.  Thus 
the  gentes  would  be  nothing  more  than  aggregates 
of  kindred  families ;  and  it  must  have  been  contrived, 
in  making  the  division  into  decuriae,  that  all  the 
members  of  a  gens  (thus  understood)  must  have 


1.  (iv.,  4.)— 2.  (Liv.,  iv.,4.)— 3.  (ii.,  10.)- 
—5.  (Liv.,  iv..  3.)— 6.  (ii.,  7.) 


(adFara.,  ix,21.J 


GENS. 


GERANIUM. 


been  included  in  the  same  decuria.  But  to  assume 
this  is  nothing  more  than  to  say  that  the  political 
system  was  formed  by  beginning  with  aggregations 
of  families  ;  for  if  the  ultimate  political  division, 
the  decuri*,  was  to  consist  of  aggregates  of  gentes 
(thus  understood),  such  arrangement  could  only  be 
effected  by  making  aggregation  of  families  the  basis 
of  the  political  system,  and  then  ascending  from 
them  to  decuriae,  from  decuria;  to  curiae,  and  from 
curiae  to  tribes  ;  a  proceeding  which  is  inconsistent 
with  saying  that  the  curiae  were  subdivided  into  de- 
turiae,  for  this  mode  of  expression  implies  that  the 
curiae  were  formed  before  the  decuriae.  But  the  in- 
troduction ^f  new  gentes  is  conceivable  even  on  the 
hypothesis  :f  the  gens  being  a  mere  political  divis- 
ion. If  the  number  was  originally  limited,  it  is  per- 
fectly consistent  with  what  we  know  of  the  Roman 
constitution,  which  was  always  in  a  state  of  pro- 
gressive change,  to  suppose  that  the  strict  rule  of 
limitation  was  soon  neglected.  Now  if  a  new  gens 
was  introduced,  it  must  have  been  assimilated  to 
the  old  gentes  by  having  a  distinctive  name  ;  and  if  a 
number  of  foreigners  were  admitted  as  a  gens,  it  is 
conceivable  that  they  wTould  take  the  name  of  some 
distinguished  person  among  them,  who  might  be 
the  head  of  a  family  consisting  of  many  branches, 
each  with  a  numerous  body  of  retainers.  And  this 
is  the  better  tradition  as  to  the  patrician  Claudii, 
who  came  to  Rome  with  Atta  Claudius,  their  head 
{gentis  princeps),  after  the  expulsion  of  the  kings, 
and  were  co-optated  (co-optati)  by  the  patres  among 
the  patricii ;  which  is  the  same  thing  as  saying  that 
this  immigrating  body  was  recognised  as  a  Roman 
gens.1  According  to  the  tradition,  Atta  Claudius 
received  a  tract  of  land  for  his  clients  on  the  Anio, 
and  a  piece  of  burying-ground,  under  the  Capitol,  was 
given  to  him  by  the  state  (publice).  According  to 
the  original  constitution  of  a  gens,  the  possession 
of  a  common  burying-place,  and  the  gentile  right 
to  interment  therein,  were  a  part  of  the  gentile 
sacra.2 

It  is  probable  that  even  in  the  time  of  Cicero  the 
proper  notion  of  a  gens  and  its  rights  were  ill  un- 
derstood ;  and  still  later,  owing  to  the  great  chan- 
ges in  the  constitution,  and  the  extinction  of  so 
many  ancient  gentes,  the  traces  of  the  jus  gentiliti- 
um  were  nearly  effaced.  Thus  we  find  that  the 
words  gens  and  familia  are  used  indifferently  by 
later  writers,  though  Livy  carefully  distinguishes 
them.  The  "  elder  Pliny  speaks  of  the  sacra  Ser- 
viliae  familiae  ;  Macrobius  of  the  sacra  familiae  Clau- 
dia?, .-Emiliae,  Juliae,  Corneliae ;  and  an  ancient  in- 
scription mentions  an  ^Edituus  and  a  Sacerdos  Ser- 
giae  familiae,  though  those  were  all  well-known  an- 
cient gentes,  and  these  sacra,  in  the  more  correct 
language  of  the  older  writers,  would  certainly  have 
been  called  sacra  gentilitia."3 

In  the  time  of  Gaius  (the  age  of  the  Antonines), 
the  jus  gentilitium  had  entirely  fallen  into  disuse.* 
Thus  an  ancient  institution,  which  formed  an  in- 
tegral part  of  the  old  constitution,  and  was  long 
held  together  by  the  conservative  power  of  religious 
rites,  gradually  lost  its  primitive  character  in  the 
changes  which  circumstances  impressed  on  the  form 
i»f  the  Roman  state,  and  was  finally  extinguished. 

The  word  Gens  has  recently  been  rendered  in 
English  by  the  word  House,  a  term  which  has  here 
been  purposely  neglected,  as  it  is  not  necessary, 
and  can  only  lead  to  misconception. 

The  subject  of  the  gens  is  discussed  with  great 
acuteness  both  by  Niebuhr5  and  by  Maiden.6 

The  views  of  Goettling  are  contained  in  his  Ges- 

1.  (Suet.,  Tib.,  1.)— 2.  (Cic,  Leg.,  ii.,  22.— Yell.  Paten:.,  ii., 
11. — Festus,  s.  v.  Cincia. — Liv.,  iv.,  3. — Id.,  vi.,  40. — Virgil, 
J2n.,  vii.,  706.)— 3.  (Savigny,  Zeitschnft,  ii.,  385.) — I.  (Gaius, 
iii..  17.)— 5.  (Hist,  of  Rome,  vol.  i.) — 6.  (Hist,  of  Rome,  pub- 
lished by  the  Society  for  the  Diffusion  of  Useful  Knowledge.) 


ckichte  dzr  Ram.  Staatsverfassung,  Halle,  1949.  Se« 
also  Savigny,  Zeitschrift,  ii.,  p.  380,  &c.,  and  Unter- 
holzner,  Zeitschrift,  v.,  p.  119. 

*GENTIA'NA  (yevriavd),  Gentian,  or  Bitter 
wort,  deriving  its  name  from  Gentius,  a  king  of 
Illyricum,  who  first  discovered  :ts  properties.  All 
the  plants  of  the  family  of  Gentianaceee  are  most  use- 
ful in  medicine,  on  account  of  the  pure,  intense  bitter 
which  they  contain.  According  to  Pliny,  the  best 
kind  of  Gentian  was  obtained  from  Illyricum.  It 
was  found  also  in  abundance  at  the  foot  of  the  Alps, 
in  moist  grounds.1  According  to  modern  botanical 
writers,  the  gentianaceous  plants  are  found  chiefly 
in  mountainous  situations,  "  where  they  breathe  a 
pure  and  rarefied  air,  are  exposed  to  bright  light 
during  the  short  summers  of  such  regions,  and, 
although  fixed  during  winter  in  places  intensely 
cold,  yet  are  so  well  prepared  to  resist  it  by-  the 
warmth  of  their  summer,  and  so  much  protected  by 
the  snow  which  covers  them,  as  to  suffer  no  injury." 
The  yevriavd  of  Dioscorides  is  the  Gentiana  lutea. 
Such,  at  least,  is  the  opinion  of  all  the  earlier  com- 
mentators, and  which  is  adopted  by  Adams,  though 
Sprengel  remains  undecided.2 

GENTILES.     (Vid.  Gens.) 

GENTI'LITAS.     {Vid.  Gens.) 

GEO'MOROI  (yeufiopoi,  Doric  yaiiopot)  is  tne 
name  of  the  second  of  the  three  classes  into  which 
Theseus  is  said  to  have  divided  the  inhabitants  of 
Attica.3  This  class  was,  together  with  the  third, 
the  drjficovpyoi,  excluded  from  the  great  civil  and 
priestly  offices,  which  belonged  exclusively  to  the 
eupatrids,  so  that  there  was  a  great  distinction  be- 
tween the  first  and  the  two  inferior  classes.  We 
possess,  however,  no  means  to  ascertain  any  par- 
ticulars respecting  the  relation  in  which  the  yecj/io- 
poi  stood  to  the  two  other  classes.  The  name  may 
either  signify  independent  land-owners,  or  peasants 
who  cultivated  the  lands  of  others  as  tenants.  The 
yeuuopoi  have,  accordingly,  by  some  writers  been 
thought  to  be  free  land-owners,  while  others  have 
conceived  them  to  have  been  a  class  of  tenants.  It 
seems,  however,  inconsistent  with  the  state  of  af- 
fairs in  Attica,  as  well  as  with  the  manner  in  which 
the  name  yew/iopot.  was  used  in  other  Greek  states, 
to  suppose  that  the  whole  class  consisted  of  the  lat- 
ter only  ,  there  were,  undoubtedly,  among  them  a 
considerable  number  of  freemen,  who  cultivated  their 
own  lands,4  but  had  by  their  birth  no  claims  to  the 
rights  and  privileges  of  the  nobles.  We  do  not 
hear  of  any  political  distinctions  between  the  yeu/j.6- 
poi  and  the  drip-tovpyoi:  and  it  may  either  be  that 
there  existed  none  at  all,  or,  if  there  were  any  ori- 
ginally, that  they  gradually  vanished.  This  would 
account  for  the  fact  that  Dionysius5  only  mentions 
two  classes  of  Atticans ;  one  corresponding  to  the 
Roman  patricians,  the  other  to  the  plebeians.6 

In  Samos  the  name  yeu/aopot  was  applied  to  the 
oligarchical  party,  consisting  of  the  wealthy  and 
powerful.7     In  Syracuse  the  aristocratical  party 
was  likewise  called  yeu/j-opoi  or  yafiopot,  in  oppos* 
tion  to  the  dfjfioc* 

GEPHURA.      (Vid.  Bridge.) 

*GERA'NIUM  {yepaviov),  the  Geranium.  "  The 
distinguishing  character  of  this  order  is  to  have  a 
fruit  composed  of  five  cocci  or  cases,  connected  with 
as  many  thin  flat  styles,  consolidated  round  a  long 
conical  beak."     From  the  resemblance  which  this 

1.  (Plin.,  H.  N.,  xxv.,  7. — Dioscor.,  iii.,  3. — Id.,  iii.,  121. — 
Adams,  Append.,  s.  v.)— 2.  (Adams,  1.  c.)— 3.  (Plut.,  Thes.,  25 
—Pollux,  Onom.,  viii.,  111.) — 4.  (Timaeus,  Glossar.,  s.  v.  ysw- 
lidpoi. — Valckenaer  ad  Herod.,  v.,  77.) — 5.  (ii.,  8.) — 6.  (Thirl- 
wall,  Hist,  of  Greece,  ii.,  p.  i4.  —  Wachsmuth,  Hellen.  Alter- 
thumsk..  i.,  1,  p.  231,  &c— Platner,  Beitrasre,  &c,  p.  19.— Titt- 
mann,  Griech.  Staatsv.,  p.  575,  &c.)— 7.  (Thucyd.,  viii.,  21.— 
Plut..  Qu:psr.  Rom.,  p.  303.  —  Muller,  Dor.,  iii.,  1,  4.)— 8.  (He- 
rod., vii.,  155.  —  Hesych.,  s.  v.  yuyiipoi.— Muller,  Dor.,  iii.,  4,  4 
— Goller,  De  Situ  et  brig.  Syracus.,  p.  9,  &c.) 

471 


GERANOS. 


GEROUSIA. 


Beak  bears  to  that  of  a  crane  {yepavog)  arises  the 
name  of  the  order.  The  first  species  of  Dioscorides 
is  the  Geranium  tuberosum.  Sibthorp  found  this  in 
Crete,  occurring  very  frequently  among  the  stand- 
ing grain,  and  also  in  Arcadia.  The  second  species 
of  the  Greek  writer  is,  according  to  Bauhin,  the  Ge- 
ranium rotundifolium ;  but  Sprengel,  as  Adams  re- 
marks, is  undecided  between  it  and  the  Erodium 
malachoides.1  Pliny  states2  that  the  Geranium  was 
called  by  some  authors  Myrrhis,  by  others  Myrtis. 
In  this,  according  to  Fee,3  he  is  altogether  wrong, 
the  Myrrhis  of  Dioscorides  being  a  very  different 
plant.  Equally  erroneous  is  his  account  of  the  me- 
dicinal properties  of  the  Geranium.  Pliny's  first 
species  is,  according  to  Billerbeck,  the  G.  moscha- 
lum,  called  also  Circuiznum  moschatum.  The  mod- 
ern Greeks  call  it  pooicoTiaxavov.  Sibthorp  found  it 
in  Argolis.* 

*GER'ANOS  (yepavoc),  the  Crane,  or  Ardea  Grus, 
L.  The  natural  history  of  the  common  Crane  is 
given  very  accurately  by  Aristotle  and  iElian.  Ho- 
mer alludes  to  the  autumnal  migration  of  cranes  in 
the  third  book  of  the  Iliad  ;  Oppian  mixes  togeth- 
er the  circumstances  of  the  spring  and  autum- 
nal migrations.5  "  The  Cranes,"  observes  Griffith, 
"  though  aborigines  of  the  North,  visit  the  temper- 
ate regions,  and  advance  towards  those  of  the 
South.  The  ancients,  seeing  them  arrive  alternate- 
ly from  both  extremities  of  the  then  known  world, 
named  them  equally  Birds  of  Scythia  and  Birds  of 
Libya.  As  they  were  accustomed  to  alight  in  large 
flocks  in  Thessaly,  Plato  has  denominated  that 
country  the  Pasture  of  the  Cranes.  Their  fabled 
combats  with  the  pigmies  are  well  known.  The 
Cranes,  quitting  Sweden,  Scotland,  the  Orcades, 
Podolia,  Lithuania,  and  all  northern  Europe,  come 
in  the  autumnal  season,  and  settle  in  the  marshy 
parts  of  France,  Italy,  &c.,  pass  thence  into  still 
more  southern  regions,  and,  returning  in  the  spring, 
bury  themselves  anew  in  the  cold  bosom  of  the 
North."  A  want  of  acquaintance  with  the  habits 
of  these  birds  has  led  many  of  the  commentators 
on  Anacreon  into  error.  The  poet,  in  one  of  his 
odes,  speaks  of  the  journeying  of  the  Crane  to  other 
climes  as  one  of  the  signs  of  returning  spring.  This 
has  been  supposed  to  refer  to  the  departure  of  the 
bird  from  its  home,  whereas,  in  fact,  the  return  from 
southern  regions  is  meant  to  be  indicated.  The  pe- 
riod of  the  departure  of  the  Cranes  for  the  North 
is  the  commencement  of  spring;  they  prefer  the 
summer  of  the  North,  since  a  moderate  degree  of 
temperature  appears  to  agree  with  them  best.  The 
clamorous  noise  of  these  birds  in  their  annual  mi- 
grations is  often  alluded  to  by  the  ancient  poets. 
Thus,  besides  the  Greek  poets  already  mentioned, 
Virgil  has  the  following : 

"  Quotes  sub  nubibus  atris 
Strymonia  dant  signa  grues,  atque  cethera  tranant 
Cum  sonitu,  fugiuntque  Notos  clamore  secundo." 

The  various  inflections  of  their  flight  have,  from 
ancient  times,  been  regarded  as  presages  of  the 
weather,  and  indications  of  atmospheric  tempera- 
ture. Their  cries  in  the  daytime  are  ominous  of 
rain.  More  noisy  clamours  announce  the  coming 
tempest ;  a  steady  and  elevated  flight  in  the  morn- 
ing forebodes  serene  weather ;  a  lower  flight,  or  a 
retreat  to  the  earth,  is  the  symptom  of  a  storm. 
Hence  Virgil,6  in  speaking  of  the  coming  tempest, 
observes, 

"  Ilium  surgentem,  vallibus  imis 
Atria  fugere  grues.'1'' 


1.  (Dioscor.,  iii,,  121.— Adams,  Append.,  s.  v.)— 2.  (II.  N., 
Xivi.,  11.) — 3.   (ad  Plin.,  1.  c.)—  4.   (Billerbeck,  Flora  Classica, 

.  175.)— 5.  (Kom.,  II.,  3,  3.— Oppian,  Hal.,  I.,  620.— Adams, 
Append.,  s.  v.)— 6.  (Gear.,  u,  374^5,) 
472 


The  flesh  of  the  young  is  delicate  ;  it  used  to  cod* 
stitute  one  of  the  dishes  at  the  banquets  of  Rome, 
and  was  sold  in  the  markets  of  that  city.  The 
Crane  is  said  to  be  a  long-lived  bird.  The  philoso- 
pher Leonicus  Thomaeus,  according  to  Paulus  Jo- 
vius,  kept  one  alive  for  forty  years."1 

GERMA'NI.     (Vid.  Cognati.) 

GEROU'SIA  (yepovoia).  In  connexion  with  this 
subject,  it  is  proposed  to  give  a  general  view  of  the 
Spartan  constitution,  and  to  explain  the  functions  of 
its  legislative  and  administrative  elements.  In  the 
later  ages  of  Spartan  history,  one  of  the  most  prom- 
inent of  these  was  the  college  of  the  five  ephors  ; 
but,  as  an  account  of  the  ephoralty  is  given  in  a 
separate  article  {vid.  Ephori),  we  shall  confine  our 
inquiries  to  the  kings,  the  yepovrec  or  councillors, 
and  the  ennAncta,  or  assembly  of  Spartan  freemen. 

I.  The  Kings.  The  kingly  authority  of  Sparta 
was,  as  it  is  well  known,  coeval  with  the  settle- 
ment of  the  Dorians  in  the  Peloponnesus,  and  con- 
fined to  the  descendants  of  Aristodemus,  one  of 
the  Heracleid  leaders,  under  whom,  according  to 
the  Spartan  legend,  the  conquest  of  Laconia  was 
achieved.  To  him  were  born  twin  sons,  Eurysthe- 
nes  and  Procles ;  and  from  this  cause  arose  the 
diarchy,  or  divided  royalty,  the  sovereignty  being 
always  shared  by  the  representatives  of  the  two 
families  which  claimed  descent  from  them.:8  the 
precedence  in  point  of  honour  was,  however,  grant- 
ed to  the  older  branch,  who  were  called  Agiads,  as 
the  younger  house  was  styled  Eurypontides,  from 
certain  alleged  descendants  of  the  twin  brothers.8 
Such  was  the  national  legend  ;  but,  as  we  read  that 
the  sanction  of  the  Pythian  oracle  was  procured  for 
the  arrangement  of  the  diarchy,*  we  may  conclude 
that  it  was  not  altogether  fortuitous,  but  rather  the 
work  of  policy  and  design  ;  nor,  indeed,  is  it  improb- 
able that  the  nobles  would  gladly  avail  themselves 
of  an  opportunity  to  weaken  the  royal  authority  by 
dividing  it. 

The  descent  of  the  Spartan  kings  from  the  na- 
tional heroes  and  leaders  contributed  in  no  small 
degree  to  support  their  dignity  and  honour ;  and  it 
is,  perhaps,  from  this  circumstance  partly  that  the) 
were  considered  as  heroes,  and  enjoyed  a  certair 
religious  respect.5  The  honours  paid  to  them  were, 
however,  of  a  simple  and  heroic  character,  such  as 
a  Spartan  might  give  without  derogating  from  his 
own  dignity  or  forgetting  his  self-respect.  Thus 
we  are  told  that  the  kings  united  the  character  of 
priest  and  king,  the  priesthoods  of  Zeus  Uranius' 
and  the  Lacedasmonian  Zeus  being  filled  by  them ; 
and  that,  in  their  capacity  of  national  high-priests, 
they  officiated  at  all  the  public  sacrifices  offered  on 
behalf  of  the  state.7  Moreover,  they  were  amply 
provided  with  the  means  for  exercising  the  heroic 
virtue  of  hospitality  ;  for  this  purpose,  public  or  do- 
main lands  were  assigned  to  them  in  the  district  of 
the  perioeci,  or  provincial  subjects,  and  certain  per- 
quisites belonged  to  them  whenever  any  animal  was 
slain  in  sacrifice.  Besides  this,  the  kings  were  en- 
titled to  various  payments  in  kind  (iraauv  rdv  avCtv 
utto  tokov  xotpov),  that  they  might  never  be  in  want 
of  victims  to  sacrifice ;  in  addition  to  which,  they 
received,  twice  a  month  from  the  state,  an  Iprjiov 
teaeIov,  to  be  offered  as  a  sacrifice  to  Apollo,  and 
then  served  up  at  the  royal  table.  Whenever,  also, 
any  of  the  citizens  made  a  public  sacrifice  to  the 
gods,  the  kings  were  invited  to  the  feast,  and  hon- 
oured above  the  other  guests  :  a  double  portion  of 
food  was  given  to  them,  and  they  commenced  the 
libations  to  the  gods.8    All  these  distinctions  are  of 


1.  (Griffith's  Cuvier,  vol.  viii.,  p.  476,  &c)— 2.  (Herod.,  vi., 
52.)— 3.  (Niebuhr,  Hist,  of  Rome,  i.,  p.  356.)— 4.  (Herod.,  1.  c  ) 
—5.  (Xen.,  De  Rep.  Lac,  c.  15.)— 6.  (Herod.,  vi.,  56.)— 7.  (Xen-% 
Pe  Rep.  Lac,  15.)— 8    (Herod.,  vi.,  57.) 


GEROUSIA. 


GEROUSIA 


a  simple  and  antiquated  character,  and,  so  far  as  they 
go,  prove  that  the  Spartan  sovereignty  was  a  con- 
tinuation of  the  heroic  or  Homeric.  The  distinc- 
tions and  privile£3s  granted  to  the  king  as  com- 
mander of  the  for.;es  in  war,  lead  to  the  same  con- 
clusion. These  were  greater  than  he  enjoyed  at 
home.  He  was  guarded  by  a  body  of  100  chosen 
men,  and  his  table  was  maintained  at  the  public  ex- 
pense :  he  might  sacrifice  in  his  sacerdotal  capacity 
as  many  victims  as  he  chose,  the  skins  and  backs 
of  which  were  his  perquisites  ;  and  he  was  assisted 
by  so  many  subordinate  officers,  that  he  had  nothing 
else  to  do  except  to  act  as  priest  and  strategus.1 

The  accession  and  demise  of  the  Spartan  kings 
were  marked  by  observances  of  an  Oriental  charac- 
ter.3 The  former  event  was  signalized  by  a  remis- 
sion of  all  debts  due  from  private  individuals  to  the 
state  or  the  king  ;  and  on  the  death  of  a  king,  the 
funeral  solemnities  were  celebrated  by  the  whole 
community.  There  was  a  general  mourning  for  ten 
days,  during  which  all  public  business  was  suspend- 
ed :  horsemen  went  round  the  country  to  carry  the 
tidings,  and  a  fixed  number  of  the  perioeci,  or  pro- 
vincials, was  obliged  to  come  from  all  parts  of  the 
country  to  the  city,  where,  with  the  Spartans  and 
Helots,  and  their  wives,  to  the  number  of  many 
thousands,  they  made  loud  lamentations,  and  pro- 
claimed the  virtues  of  the  deceased  king  as  superi- 
or to  those  of  all  his  predecessors.3 

In  comparison  with  their  dignity  and  honours,  the 
constitutional  powers  of  the  kings  were  very  limit- 
ed. In  fact,  they  can  scarcely  be  said  to  have  pos- 
sessed any ;  for,  though  they  presided  over  the  coun- 
cil  of  yipovTE<;  as  apxayircu,  or  principes  senatus, 
and  the  king  of  the  elder  house  probably  had  a  east- 
ing vote  (a  supposition  which  Dr.  Thirlwall  thinks 
may  perhaps  reconcile  the  difference  between  He- 
-odotus,  vi.,  57,  and  Thucydides,  i.,  20),  still  the 
7 oice  of  each  counted  for  no  more  than  that  of  any 
other  senator :  when  absent,  their  place  was  sup- 
plied and  their  proxies  tendered  by  the  councillors 
▼ho  were  most  nearly  related  to  them,  and  there- 
rore  of  a  Heracleid  family.  Still  the  kings  had  some 
important  prerogatives  ;  thus  they  had,  in  common 
tvith  other  magistrates,  the  right  of  addressing  the 
public  assembly ;  besides  this,  they  sat  in  a  separate 
court  of  their  own,  where  they  gave  judgment  in 
all  cases  of  heiresses  claimed  by  different  parties  : 
a  function  formerly  exercised  by  the  kings  at  Athens, 
but  afterward  transferred  to  the  archon  eponymus.* 
They  also  appointed  the  four  "Pythians,"  whose 
duty  it  was  to  go  as  messengers  to  consult  the  god 
at  Delphi.  Adoptions  also  took  place  in  their  pres- 
ence, and  they  held  a  court  in  all  cases  connected 
with  the  maintenance  of  the  public  roads  ;  probably 
in  their  capacity  of  generals,  and  as  superintendents 
of  the  intercourse  with  foreign  nations.5  In  foreign 
affairs,  indeed,  their  prerogatives  were  considera- 
ble :  thus  they  were  the  commanders  of  the  Spar- 
tan forces,  and  had  the  privilege  of  nominating  from 
among  the  citizens  persons  to  act  as  "  proxeni,"  or 
protectors  and  entertainers  of  foreigners  visiting 
Sparta.  But  their  chief  power  was  in  war ;  for 
after  they  had  once  crossed  the  borders  of  Laconia 
in  command  of  troops,  their  authority  became  un- 
limited. They  could  send  out  and  assemble  armies, 
despatch  ambassadors  to  collect  money,  and  refer 
those  who  applied  to  themselves  for  justice  to  the 
proper  officers  appointed  for  that  purpose.6  Two 
epliors,  indeed,  accompanied  the  kings  or.  their  ex- 
peditions, but  those  magistrates  had  no  authority 
to  interfere  with  the  kings'  operations  :  they  simply 

1.  (Xen.,De  Rep.  Lac.,  14, 15.— Herod.,  vi.,  55.)— 2.  (Herod., 
ei.,  58.)— 3.  (Herod.,  1.  c.)— 4.  (Herod.,  vi.,  57.)— 5.  (Muller, 
Dor.,  iii.,  6,  v  7.)— 6.  (Xen.,  De  Pep.  Lac.,  13.— Thucyd  ,  v.,  60. 
—Id  ,  vjii.,  5.) 

Ooc 


watched  over  the  proceedings  of  the  army.1  More* 
over,  there  can  be  no  doubt  that  the  kings  were,  on 
their  return  home,  accountable  for  their  conduct  aa 
generals,3  and  more  especially  after  the  increase  of 
the  ephoral  authority.  Their  military  power,  also, 
was  not  connected  with  any  political  functions,  for 
the  kings  were  not  allowed  to  conclude  treaties  or 
to  decide  the  fate  of  cities  without  communicating 
with  the  authorities  at  home.3  In  former  times  this 
two  kings  had  a  joint  command  ;  this,  however,  led 
to  inconveniences,  and  a  law  was  in  consequence 
passed,  that  for  the  future  one  only  of  the  two  kings 
should  have  the  command  of  the  army  on  foreign 
expeditions.4 

II.   The  yepovoia,  or  Assembly  of  Elders.     This 
body  was  the  aristocratic  element  of  the  Spartan 
polity,  and  not  peculiar  to  Sparta  only,  but  found  in 
other  Dorian  states,  just  as  a  j3ovXrj,  or  democrat 
ical  council  was  an  element  of  most  Ionian  consti 
tutions. 

The  yepovoia  or  yepuvia  at  Sparta  included  tho 
two  kings,  its  presidents,  and  consisted  of  thirty 
members :  a  number  which  seems  connected  with 
the  divisions  of  the  Spartan  people.  Every  Dorian 
state,  in  fact,  was  divided  into  three  tribes :  the 
Hylleis,  the  Dymanes,  and  the  Pamphyli,  whence 
the  Dorians  are  called  Tpixaiicec,  or  thrice  divided.* 
The  tribes  at  Sparta  were  again  subdivided  into 
a)6ai,  also  called  (pparpiai,6  a  word  which  signifies  a 
union  of  families,  whether  founded  upon  ties  of  re- 
lationship, or  formed  for  political  purposes,  irre- 
spective of  any  such  connexion.  The  obae  were, 
like  the  yepovree,  thirty  in  number,  so  that  each  oba 
was  represented  by  its  councillor  :  an  inference 
which  leads  to  the  conclusion  that  two  oba?  at  least 
of  the  Hyllean  tribe  must  have  belonged  to  the 
royal  house  of  the  Heracleids.  No  one  was  eligi- 
ble to  the  council  till  he  was  sixty  years  of  age,T 
and  the  additional  qualifications  were  strictly  of  an 
aristocratic  nature.  We  are  told,  for  instance,  thai 
the  office  of  a  councillor  was  the  reward  and  prue 
of  virtue,8  and  that  it  was  confined  to  men  of  dis- 
tinguished character  and  station  (koAoi  nayadoi). 

The  election  was  determined  by  vote,  and  the 
mode  of  conducting  it  was  remarkable  for  its  old- 
fashioned  simplicity.  The  competitors  presented 
themselves  one  after  another  to  the  assembly  of 
electors  ;9  the  latter  testified  their  esteem  by  ac- 
clamations, which  varied  in  intensity  according  to 
the  popularity  of  the  candidates  for  whom  they  were, 
given.  These  manifestations  of  esteem  were  noted 
by  persons  in  an  adjoining  building,  who  could  judge 
of  the  shouting,  but  could  not  tell  in  whose  favour 
it  was  given.  The  person  whom  these  judges 
thought  to  have  been  most  applauded  was  declared 
the  successful  candidate.  The  different  competi- 
tors for  a  vacant  place  offered  themselves  upon  their 
own  judgment,10  probably  always  from  the  u)6d,  to 
which  the  councillor  whose  place  was  vacant  had 
belonged  ;  and  as  the  office  was  for  life,  and  there- 
fore only  one  vacancy  could  (in  ordinary  cases)  hap- 
pen at  a  time,  the  attention  of  the  whole  state  would 
be  fixed  on  the  choice  of  the  electors.  The  office 
of  a  councillor,  however,  was  not  only  for  life,  but 
also  irresponsible,11  as  if  a  previous  reputation  and 
the  near  approach  of  death  were  considered  a  suf- 
ficient guarantee  for  integrity  and  moderation.  But 
the  councillors  did  not  always  prove  so,  for  Aristo- 
tle13 tells  us  that  the  members  of  the  yepovcia  re- 
ceived bribes,  and  frequently  showed  partiality  in 
their  decisions. 


1.  (Xen.,  1.  c.)— 2.  (Thucvd.,  v.,  G3.)--3.  (Xen.,  Hell.,  \u.  % 
12.— Id.  ib.,  v.,  3,  24.)— 4.  (Herod.,  v.,  57.)— 5.  (Od.,  xtx.,  174  i 
-6.  (MUller,  Dor.,  iii.,  5,  Q  3.)— 7.  (Plut.,  Lycurg.,  26.)— 8 
(Anstot.,  Polit.,  ii.,  6,  15.— Demosth.,  c.  Lept.,  p.  489.)— 9 
(Plut.,  Lycurg.,  26.) -10.  (Aristot.  Polit.,  ii.,  6,  «  18.)— 11 
(Arislot.,  Polit..  ii.   6  >-  12.  (1.  c.) 

473 


GEROUSIA 


GEROUSIA 


The  functions  or  the  councillors  were  partly  de- 
liberative, partly  judicial,  and  partly  executive.  In 
the  discharge  of  the  first  they  prepared  measures 
and  passed  preliminary  decrees,1  which  were  to  be 
laid  before  the  popular  assembly,  so  that  the  impor- 
tant privilege  of  initiating  all  changes  in  the  govern- 
ment or  laws  was  vested  in  them.  As  a  criminal 
court  they  could  punish  with  death  and  civil  degra- 
dation {arifiia2),  and  that,  too,  without  being  restrain- 
ed by  any  code  of  written  laws,3  for  which  national 
feeling  and  recognised  usages  would  form  a  suffi- 
cient substitute.  They  also  appear  to  have  exercised, 
like  the  Areiopagus  at  Athens,  a  general  superin- 
tendence and  inspection  over  the  lives  and  manners 
of  the  citizens  (arbitri  el  magistri  disciplines  pub- 
HccE*),  and  probably  were  allowed  "  a  kind  of  patri- 
archal authority  to  enforce  the  observance  of  ancient 
usage  and  discipline."8  It  is  not,  however,  easy  to 
define  with  exactness  the  original  extent  of  their 
functions,  especially  as  respects  the  last-mentioned 
duty,  since  the  ephors  not  only  encroached  upon  the 
prerogatives  of  the  king  and  council,  but  also  pos- 
sessed, in  very  early  times,  a  censorial  power,  and 
were  not  likely  to  permit  any  diminution  of  its  extent. 

III.  The  kuKTirjala,  or  Assembly  of  Spartan  Freemen. 
This  assembly  possessed,  in  theory  at  least,  the  su- 
preme authority  in  all  matters  affecting  the  general 
interests  of  the  state.  Its  original  position  at  Sparta 
is  shortly  explained  by  a  rhetra  or  ordinance  of  Ly- 
curgus,  which,  in  the  form  of  an  oracle,  exhibits 
the  principal  features  of  the  Spartan  polity  :  "Build 
a  temple,"  says  the  Pythian  god,  *'to  Hellanian 
Zeus  and  Hellanian  Athena  ;  divide  the  tribes,  and 
institute  thirty  obas ;  appoint  a  council  with  its 
princes  ;  call  an  assembly  ((mella&iv)  between 
Babyca  and  Knakion,  then  make  a  motion  and  de- 
part ;  and  let  there  be  a  right  of  decision  and  power 
to  the  people"  (ddjua)  6e  nvptdv  fjpiEv  kgi  Kpdrog6). 

By  this  ordinance  full  power  was  given  to  the 
people  to  adopt  or  reject  whatever  was  proposed  to 
them  by  the  king  and  other  magistrates.  It  was, 
however,  found  necessary  to  define  this  power 
more  exactly,  and  the  following  clause,  ascribed  to 
the  kings  Theopompus  and  Polydorus,  was  added 
to  the  original  rhetra :  "  but  if  the  people  should 
follow  a  crooked  opinion,  the  elders  and  the  princes 
shall  withdraw"  (rove  TrpeaSvyeviac  nal  apxayhag 
(nzooTa-fipac  rjfLEv).  Plutarch7  interprets  these  words 
to  mean,  "  That  in  case  the  people  do  not  either  re- 
ject or  approve  in  toto  a  measure  proposed  to  them, 
the  kings  and  councillors  should  dissolve  the  as- 
sembly, and  declare  the  proposed  decree  to  be  in- 
valid." According  to  this  interpretation,  which  is 
confirmed  by  some  verses  in  the  Eunomia  of  Tyr- 
tseus,  the  assembly  was  not  competent  to  originate 
any  measures,  but  only  to  pass  or  reject,  without 
modification,  the  laws  and  decrees  proposed  by  the 
proper  authorities  :  a  limitation  of  its  power,  which 
almost  determined  the  character  of  the  Spartan 
constitution,  and  justifies  the  words  of  Demosthenes, 
who  observed,8  that  the  yepovoia  at  Sparta  was  in 
many  respects  supreme  :  Aecirorng  kari  tuv  ttoX^cov. 
All  citizens  above  the  age  of  thirty,  who  were  not 
labouring  under  any  loss  of  franchise,  were  admiss- 
ible to  the  general  assembly,  or  airella,9  as  it  was 
called  in  the  old  Spartan  dialect ;  but  no  one  except 
public  magistrates,  and  chiefly  the  ephors  and  kings, 
addressed  the  people  without  being  specially  called 
upon.10  The  same  public  functionaries  also  put  the 
question  to  the  vote.11  Hence,  as  the  magistrates 
only  (to,  teXtj  or  apxai)  were  the  leaders  and  speak- 

1.  (Tint.,  Agis,  11.)— 2.  (Xen.,  De  Rep.  Lac,  10,  t>  2.— Arist., 
Polit.,  iii.,  1.)— 3.  (Arist.,  Polit.,  ii.,  6.) — 4.  (Aul.  Gell.,  xviii., 
3.)— 5.  (Thirlwall,  Hist,  of  Greece,  i.,  p.  318.)— 6.  (Plut.,  Ly- 
eurg.,  6.— Muller,  Dor.,  iii.,  5,  t>  8.)— 7.  (1.  c.)— 8.  (c.  Lept.,  p. 
489,  20.)— 9.  (Plut.,  Lyoorg-.,  25.)— 10.  (Muller,  Dor., iii., 4, 11.) 
—11  (Thucyd..  i.,  80,  8'i  ' 
474 


ers  of  the  assembly,  decrees  of  the  whob  peopl€ 
are  often  spoken  of  as  the  decision  of  the  authori- 
ties only,  especially  in  matters  relating  to  foreign 
affairs.  The  intimate  connexion  of  the  ephors  with 
the  assembly  is  shown  by  a  phrase  of  very  frequent 
occurrence  in  decrees  (edo^e  rolg  ktyopocg  nai  rrj  kic- 
nXnola).  The  method  of  voting  was  by  acclama- 
tion ;  the  place  of  meeting  between  the  brook 
Knakion  and  the  bridge  Babyca,  to  the  west  of  the 
city,  and  enclosed.1  The  regular  assemblies  were 
held  every  full  moon ;  and  on  occasions  of  emer- 
gency, extraordinary  meetings  were  convened.2 

The  whole  people  alone  could  proclaim  "  a  war, 
conclude  a  peace,  enter  into  an  armistice  for  any 
length  of  time ;  and  all  negotiations  with  foreign 
states,  though  conducted  by  the  kings  and  ephors, 
could  be  ratified  by  the  same  authority  only."  With 
regard  to  domestic  affairs,  the  highest  offices,  such 
as  magistracies  and  priesthoods,  were  filled  "  by  the 
votes  of  the  people ;  a  disputed  succession  to  the 
throne  was  decided  upon  by  them  ;  changes  in  the 
constitution  were  proposed  and  explained,  and  all 
new  laws,  after  a  previous  decree  in  the  senate, 
were  confirmed  by  them."3  It  appears,  therefore,  to 
use  the  words  of  Muller,  that  the  popular  assembly 
really  possessed  the  supreme  political  and  legislative 
authority  at  Sparta,  but  it  was  so  hampered  and 
checked  by  the  spirit  of  the  constitution,  that  it 
could  only  exert  its  authority  within  certain  pre- 
scribed limits,  so  that  the  government  of  the  state 
is  often  spoken  of  as  an  aristocracy. 

Besides  the  kuKJinaia  which  we  have  j  ust  described, 
we  read  in  later  times  of  another,  called  the  small 
assembly,4  which  appears  to  have  been  convened  on 
occasions  of  emergency,  or  which  were  not  of  suf- 
ficient importance  to  require  the  decision  of  the 
entire  body  of  citizens.  This  more  select  assembly 
was  probably  composed  of  the  djuoioi,  or  superoi 
citizens,  or  of  some  class  enjoying  a  similar  prece- 
dence, together  with  some  of  the  magistrates  of  the 
state  (vid.  Eccletoi)  ;  and  if,  as  appears  to  have  been 
the  case,  it  was  convened  more  frequently  than  the 
greater  assembly,  it  is  evident  that  an  additional 
restraint  was  thus  laid  upon  the  power  of  the  lat- 
ter,5 the  functions  of  which  must  have  often  been 
superseded  by  it.6 

The  preceding  remarks  will  enable  us  to  decide  a 
question  which  has  been  raised,  What  was  the  real 
nature  of  the  constitution  of  Sparta  1  From  the  ex- 
pressions of  Greek  writers,  every  one  would  at  once 
answer  that  it  was  aristocratic  ;  but  it  has  been 
asserted  that  the  aristocracy  at  Sparta  was  an  aris- 
tocracy of  conquest,  in  which  the  conquering  people, 
or  Dorians,  stood  towards  the  conquered,  or  Achai- 
ans,  in  the  relation  of  nobles  to  commons,  and  that 
it  was  principally  in  this  sense  that  the  constitution 
of  Sparta  was  so  completely  anti-popular  or  oligar- 
chical.7 Now  this,  indeed,  is  true  ;  but  it  seems  no 
less  true  that  the  Spartan  government  would  have 
been  equally  called  an  oligarchy  or  aristocracy  even 
if  there  had  been  no  subject  class  at  all,  on  account 
of  the  disposition  and  administration  of  the  sover- 
eign power  within  the  Spartan  body  alone.  The 
fact  is,  that,  in  theory  at  least,  the  Spartan  consti- 
tution, as  settled  by  Lycurgus,  was  a  decided  de- 
mocracy, with  two  hereditary  officers,  the  generals  of 
the  commonwealth,  at  its  head  ;  but  in  practice  (at 
least  before  the  encroachment  of  the  ephors)  it  was 
a  limited  aristocracy  ,  that  is,  it  worked  as  if  the 
supreme  authority  was  settled  in  the  hands  of  a 
minority.  The  principal  circumstances  which  jus- 
tify us  in  considering  it  as  such  are  briefly  "the 


1.  (Plut.,  Lycurg.,  6.)  —  2.  (Herod.,  vii.,  134.)  — 3  (Muller 
Dor.  4,  i)  9.)— 4.  (Xen.,  Hell.,  iii.,  3,  18.)— 5.  (Philol.  Museunt 
ii.,  f.  65.) — 6.  (Wachsrouth,  Hellen.  Al'erthumsk.,  \1.»  i.,  j> 
212.)— 7.  (Arnold,  Thucyd.,  Append,  ii  > 


GINNUS. 


GLADIA  TORES. 


restraints  imposed  upon  the  assembly,  the  extensive 
powers  of  the  councillors,  their  election  for  life, 
their  irresponsibility,  the  absence  of  written  laws, 
of  paid  offices,  of  offices  determined  by  lot,"  and 
other  things  thought  by  the  Greeks  characteristic 
of  a  democracy.  Independent  of  which,  we  must 
remember  that  Sparta  was  at  the  head  of  the  oli- 
garchical interest  in  Greece,  and  always  supported, 
as  at  Corcyra  and  Argos,  the  oligarchical  party  in 
opposition  to  the  democratic,  which  was  aided  by 
Athens.  In  fact,  Dr.  Arnold  himself  observes,  that 
even  in  the  relations  of  the  conquering  people  among 
themselves,  the  constitution  was  far  less  popular 
than  at  Athens.  We  must,  however,  bear  in  mind 
that  the  constitution,  as  settled  by  Lycurgus,  was 
completely  altered  in  character  by  the  usurpation 
of  the  ephors.  To  such  an  extent  was  this  the 
case,  that  Plato1  doubted  whether  the  government 
at  Sparta  might  not  be  called  a  "  tyranny,"  in  con- 
sequence of  the  extensive  powers  of  the  ephoralty, 
though  it  was  as  much  like  a  democracy  as  any 
form  of  government  could  well  be  ;  and  yet,  he  adds, 
not  to  call  it  an  aristocracy  (».  e.,  a  government  of 
the  apLOTOi)  is  quite  absurd.  Moreover,  Aristotle,8 
when  he  enumerates  the  reasons  why  the  Spartan 
government  was  called  an  oligarchy,  makes  no 
mention  of  the  relations  between  the  Spartans  and 
their  conquered  subjects,  but  observes  that  it  re- 
ceived this  name  because  it  had  many  oligarchical 
institutions,  such  as  that  none  of  the  magistrates 
were  chosen  by  lot ;  that  a  few  persons  were  com- 
petent to  inflict  banishment  and  death. 

Perhaps  the  shortest  and  most  accurate  descrip- 
tion of  the  constitution  of  Sparta  is  contained  in  the 
following  observations  of  Aristotle  :3  Some  affirm 
that  the  best  form  of  government  is  one  mixed  of 
;ill  the  forms,  wherefore  they  praise  the  Spartan 
constitution ;  for  some  say  that  it  is  composed  of 
an  oligarchy,  and  a  monarchy,  and  a  democracy  : 
a  monarchy  on  account  of  the  kings,  an  oligarchy 
on  account  of  the  councillors,  and  a  democracy  on 
account  of  the  ephors ;  but  others  say  that  the 
ephoralty  is  a  "tyranny,"  whereas,  on  the  other 
hand,  the  public  tables  and  the  regulations  of  daily 
life  are  of  a  democratic  tendency. 

GERRA.     (Vid.  Ecclesia,  p.  385.) 

*GETEIUM  (yijreiov),  also  called  Gethyon  (yijdv- 
ov),  a  plant  to  be  referred  to  the  genus  Allium,  or 
Garlic,  but  the  particular  species  of  which  cannot 
be  satisfactorily  determined.* 

*GETHYLLIS  (yrjdvA/uc),  most  probably  the 
same  as  the  preceding. 

*GEUM,  the  herb  Avens  or  Bennet,  the  Caryo- 
pkyllata  vulgaris,  L.  The  French  term  is  Benoite, 
the  German  Benediciwurz.  It  grows  in  shady, 
woody  grounds.  The  root  is  bitter  and  aromatic, 
and  was  prescribed  by  the  ancient  physicians  not 
only  in  affections  of  the  breast  and  side,  but  also  in 
cases  of  dyspepsy.6 

*GINGIDTUM  (yiyyldiov),  according  to  Knellius 
and  Stephens,  a  species  of  Chervil.  This  opinion, 
however,  is  controverted  by  Matthiolus  and  Bauhin. 
Adams  makes  it  the  Daucus  Gingidium,  a  variety 
of  the  Daucus  Carota,  or  wild  Carrot.6 

♦GINNUS  or  HINNUS  (yivvoc,  Ivvoc).  "  Buffon 
remarks,  that  Aristotle  applies  the  term  yivvoc  in 
two  senses :  first,  to  denote  an  imperfect  animal, 
proceeding  sometimes  from  the  horse  and  ass ;  and, 
secondly,  to  signify  the  particular  production  of  the 
great  mule  and  the  mare.  Aristotle,  therefore,  was 
aware  of  the  fact  that  the  mule  can  sometimes 
propagate  its  species."7 

I.  (Leg.,  iv.,  p.  713.)— 2.  (Polit..,  iv.,  8.)— 3.  (Polit.,  ii.,  6.)— 
4.  (Theophrast.,  IT.  P.,  i.,  4. — Adams,  Append.,  s.  v.) — 5.  (Plin., 
H.  N.,  xxvi.,  7.— Billerheck,  Flora  Classica,  p.  136.)— 6.  (Dios- 
cor.,  ii.,  166. — Adams,  Append.,  s.  v.) — 7.  (Aristot.,  H.  A.,  i.,  6. 
— ^dams,  Append.,  s.  ■  * 


*GITH  or  GIT,  the  seed  of  the  Melanthion  oi 
Pepper- wort,  the  Nigella  sativa.  It  was  employed  by 
the  ancients  as  a  condiment.    (Vid.  Melanthium.) 

GLADIATO'RES  (uovoudxot)  were  men  who 
fought  with  swords  in  the  amphitheatre  and  other 
places  for  the  amusement  of  the  Roman  people 
(Gladiator  est,  qui  in  arena,  populo  spectante,  pugna- 
viP).  They  are  said  to  have  been  first  exhibited  by 
the  Etrurians,  and  to  have  had  their  origin  from  the 
custom  of  killing  slaves  and  captives  at  the  funeral 
pyres  of  the  deceased.3  (Vid.  Bustum,  Funus,  p. 
460.)  A  show  of  gladiators  was  called  munus,  and 
the  person  who  exhibited  (edebat)  it,  editor,  munera- 
tor,  or  dominus,  who  was  honoured  during  the  day 
of  exhibition,  if  a  private  person,  with  the  official 
signs  of  a  magistrate.* 

Gladiators  were  first  exhibited  at  Rome  in  B.C. 
264,  in  the  Forum  Boarium,  by  Marcus  and  Decimus 
Brutus,  at  the  funeral  of  their  father.5  They  were 
at  first  confined  to  public  funerals,  but  afterward 
fought  at  the  funerals  of  most  persons  of  conse- 
quence, and  even  at  those  of  women.6  Private 
persons  sometimes  left  a  sum  of  money  in  their 
will  to  pay  the  expenses  of  such  an  exhibition  at 
their  funerals.7  Combats  of  gladiators  were  also 
exhibited  at  entertainments,8  and  especially  at  pub- 
lic festivals  by  the  sediles  and  other  magistrates, 
who  sometimes  exhibited  immense  numbers  with 
the  view  of  pleasing  the  people.9  (Vid.  ^Ediles,  p. 
25.)  Under  the  Empire,  the  passion  of  the  Romans 
for  this  amusement  rose  to  its  greatest  height,  and 
the  number  of  gladiators  who  fought  on  some  occa- 
sions appears  almost  incredible.  After  Trajan's 
triumph  over  the  Dacians,  there  were  more  than 
10,000  exhibited.10 

Gladiators  consisted  either  of  captives,11  slaves,18 
and  condemned  malefactors,  or  of  freeborn  citizens 
who  fought  voluntarily.  Of  those  who  were  con- 
demned, some  were  said  to  be  condemned  ad  gladi- 
um,  in  which  case  they  were  obliged  to  be  killed  at 
least  within  a  year;  and  others  ad  ludum,  who 
might  obtain  their  discharge  at  the  end  of  three 
years.13  Freemen,  who  became  gladiators  for  hire, 
were  called  auctorati,1*  and  their  hire  auctor amentum 
or  gladiator ium.ls  They  also  took  an  oath  on 
entering  upon  the  service,  which  is  preserved  by 
Petronius  :16  "  In  verba  Eumolpi  sacramentum  jura- 
vimus,  uri,  vinciri,  verberari,  ferroque  necari,  ei  quic- 
quid  aliud  Eumolpus  jussisset,  tamquam  legilimi 
gladiatores  domino  corpora  animasque  religiosissime 
addicimus.,n7  Even  under  the  Republic  freeborn 
citizens  fought  as  gladiators,18  but  they  appear  to 
have  belonged  only  to  the  lower  orders.  Under  the 
Empire,  however,  both  knights  and  senators  fought 
in  the  arena,19  and  even  women  ;20  which  practice 
was  at  length  forbidden  in  the  time  of  Severus.21 

Gladiators  were  kept  in  schools  (ludi),  where  they 
were  trained  by  persons  called  lanista.*2  The 
whole  body  of  gladiators  under  one  lanista  was  fre- 
quently called  familial3  They  sometimes  were  the 
property  of  the  lanistae,  who  let  them  out  to  per- 
sons who  wished  to  exhibit  a  show  of  gladiators  ; 

1.  (Billerbeck,  Flora  Classica,  p.  142.) — 2.  (Quint.,  Declaim, 
302.)— 3.  (Tertull.,  De  Spectac,  12.— Serv.  ad  Virg.,  JEn.,  x., 
519.)—4.  (Capitol.,  M.  Anton.  Philos.,  23.— Flor.,  iii.,  20.— 
Cic.  ad  Att.,  ii.,  19,  $  3.)— 5.  (Val.  Max.,  ii.,  4,  $  7.— Liv.,  Epit,, 
16.)  — 6.  (Suet.,  Jul.,  26.  — Spart.,  Hadr.,  9.)— 7.  (Sen.,  De 
Brev.  Vit.,  20.)— 8.  (Athen.,  iv.,  p.  153.— Sil.  Ital.,  xi.,  51.)—  9. 
(Cic,  Pro  Mur.,  18.— Id.,  De  Off.,  ii.,  16.)— 10.  (Dion  Cass., 
lviii.,  15.)— 11.  (Vopisc,  Prob.,  19.)— 12.  (Suet.,  Vitell.,  12.)— 
13.  (Ulpian,  Collat.  Mos.  et  Rom.  Leg.,  tit.  ii.,  s.  7,  t)  4.)— 14. 
(Quint.,  1.  c— Hor.,  Sat.,  II.,  vii.,  58.)— 15.  (Suet.,  Tib.,  7.— 
Liv.,  xliv.,  31.) — 16.  (c.  117.) — 17.  (Compare  Senec,  Epist.,  7.) 
—18.  (Liv.,  xxviii.,  21.)— 19.  (Dion  Cass.,  Ii.,  22.— Id.,  lvi.,  25. 
—Suet.,  Jul.,  39.— Id.,  Octav.,  43.— Id.,  Ner.,  12.)— 20.  (Tint., 
Ann.,  xt.,  32. — Suet.,  Dom.,  4. — Juv.,  vi.,  250,  &c. — Stat., 
Sylv.,  1.,  vi.,  53.)— 21.  (Dion  Cass.,  lxxv.,  16.)— 22.  (Suet., 
Jul.,  26.— Cic,  Pro  Rose.  Araer.,  40.— Jut.,  vi., 216.— Id.,  xi.,  8. 
—23.  (Suet.,  Octav.,  42  J 

475 


GLADIATORES. 


GLADIATORES. 


*>ut  a.t  other  times  belonged  to  citizens,  who  kept 
them  for  the  purpose  of  exhibition,  and  engaged  la- 
nistse  to  instruct  them.  Thus  we  read  of  the  ludus 
JCmilius  at  Rome,1  and  of  Caesar's  ludus  at  Capua.3 
The  superintendence  of  the  ludi,  which  belonged  to 
the  emperors,  was  intrusted  to  a  person  of  high 
rank,  called  curator  or  procurator."  The  gladiators 
fought  in  these  ludi  with  wooden  swords,  called 
rudes*  Great  attention  was  paid  to  their  diet,  in 
order  to  increase  the  strength  of  their  bodies, 
whence  Cicero6  speaks  of  "  gladiatoria  totius  corpo- 
ris firmitas ."  They  were  fed  with  nourishing  food, 
called  gladiatoria,  sagina.6  A  great  number  of  glad- 
iators were  trained  at  Ravenna,  on  account  of  the 
salubrity  of  the  place.7 

Gladiators  were  sometimes  exhibited  at  the  fu- 
neral pyre,  and  sometimes  -in  the  Forum,  but  more 
frequently  in  the  amphitheatre.  {Vid.  Amphithea- 
trum.)  The  person  who  was  to  exhibit  a  show  of 
gladiators  published,  some  days  before  the  exhibi- 
tion, bills  (libelli)  containing  the  number  and  some- 
times the  names  of  those  who  were  to  fight.8  When 
the  day  came,  they  were  led  along  the  arena  in  pro- 
cession, and  matched  by  pairs  ;9  and  their  swords 
were  examined  by  the  editor  to  see  if  they  were 
sufficiently  sharp.10  At  first  there  was  a  kind  of 
sham  battle,  called  prailusio,  in  which  they  fought 
with  wooden  swords  or  the  like,11  and  afterward,  at 
the  sound  of  the  trumpet,  the  real  battle  began. 
When  a  gladiator  was  wounded,  the  people  called 
out  habet  or  hoc  habet ;  and  the  one  who  was  van- 
quished lowered  his  arms  in  token  of  submission. 
His  fate,  however,  depended  upon  the  people,  who 
pressed  down  their  thumbs  if  they  wished  him  to  be 
saved,  but  turned  them  up  if  they  wished  him  to  be 
killed,12  and  ordered  him  to  receive  the  sword  (fcr- 
rum  rccipere),  which  gladiators  usually  did  with  the 
greatest  firmness.13  If  the  life  of  a  vanquished  glad- 
iator was  spared,  he  obtained  his  discharge  for  that 
day,  which  was  called  missio  ;14  and  hence,  in  an  ex- 
hibition of  gladiators  sine  missione,1*  the  lives  of  the 
conquered  were  never  spared.  This  kind  of  exhi- 
bition, however,  was  forbidden  by  Augustus.16 

Palms  were  usually  given  to  the  victorious  gladi- 
ators ;*'  and  hence  a  gladiator  who  had  frequently 
conquered  is  called  "  plurimarum  palmarum  gladia- 
tor ;"18  money  also  was  sometimes  given.19  Old 
gladiators,  and  sometimes  those  who  had  only  fought 
for  a  short  time,  were  discharged  from  the  service 
by  the  editor  at  the  request  of  the  people,  who  pre- 
sented each  of  them  with  a  rudis  or  wooden  sword, 
whence  those  who  were  discharged  were  called 
Rudiarii.20  If  a  person  was  free  before  he  entered 
the  ludus,  he  became,  on  his  discharge,  free  again  ; 
and  if  he  had  been  a  slave,  he  returned  to  the  same 
condition  again.  A  man,  however,  who  had  been 
a  gladiator,  was  always  considered  to  have  dis- 
graced himself,  and,  consequently,  it  appears  that 
he  could  not  obtain  the  equestrian  rank  if  he  after- 
ward acquired  sufficient  property  to  entitle  him  to 
it ;"  and  a  slave  who  had  been  sent  into  a  ludus, 
and  there  manumitted  either  by  his  then  owner  or 
another  owner,  merely  acquired  the  status  of  a  per- 
egrinus  dediticius.22    {Vid.  Dediticii.) 

1.  (Hor.,  de  Art.  Poet.,  32.)— 2.  (Caes.,  Bell.  Civ.,  i.,  14.)— 3- 
jTacit.,  Ann.,  xi.,  35.— Id.  ib.,  xiii.,  22.— Suet.,  Cal.,  27.— Gru- 
t<;r,  Inscript.,  p.  489.)— 4.  (Suet.,  Cal.,  32,  54.)  — 5.  (Phil., 
h.,  25.)— 6-  (Tacit.,  Hist.,  ii.,  88.)  —  7.  (Strabo,  v.,  p.  213.)— 8. 
(Cic.  ad  Fam.,  ii.,  8.— Suet.,  Jul.,  26. ) — 9.  (Hor.,  Sat.,  I.,  vii., 
20.)— 10.  (Dion  Cass.,  lxviii.,  3.— Suet.,  Tit.,  9.  —  Lipsius,  Ex- 
curs,  ad  Tac,  Ann..,  iii.,  37.)— 11.  (Cic,  De  Orat.,  ii.,  78,  80.— 
Ovid,  A.  A.,  iii.,  515.— Senec,  Epist.,  117.)  —  12.  (Hor.,  Epist., 
!.,  xviii.,  66— Juv.,  iii.,  36.)— 13.  (Cic,  Tusc,  ii.,  17.— Id.,  Pro 
8ext.,  37.— Id.,  Pro  Mil.,  34.)  —  14.  (Mart.,  XII.,  xxix.,  7.)— 15. 
(Liv.,  xli.,  20.)— 16.  (Suet.,  Octav.,  45.)  — 17.  (Suet.,  Cal.,  32.) 
—18.  (Cic,  Pro  Rose  Amer.,  6.)  —  19.  (Juv.,  vii.,  243.— Suet., 
Claud.,  21.)  —20.  (Cic,  Phil ,  ii.,  29.  —  Hor.,  Epist.,  I.,  i.,  2.— 
Suet.,  Tib.,  7.  —  Quint.,  1.  c.|  —21.  (Quint.,  1.  c.)— 23.  (Gaius, 
»..  13.) 

176 


Shows  of  gi  idiators  were  abolished  by  Constat 
tine,1  but  appear,  notwithstanding,  to  have  been 
generally  exhibited  till  the  time  of  Honorius,  by 
whom  they  were  finally  suppressed.2 

Gladiators  were  divided  into  different  classes, 
according  to  their  arms  and  different  mode  of  fight- 
ing, or  other  circumstances.  The  name  of  the  most 
important  of  these  classes  is  given  in  alphabetical 
order : 

Andabata3  wore  helmets  without  any  aperture 
for  the  eyes,  so  that  they  were  obliged  to  fight  blind- 
fold, and  thus  excite  the  mirth  of  the  spectators. 
Some  modern  writers  say  that  they  fought  on  horse* 
back,  but  this  is  denied  by  Orelli.* 

Catervarii  was  the  name  given  to  gladiators  when 
they  did  not  fight  in  pairs,  but  when  several  fought 
together.5 

Dimacheri  appear  to  have  been  so  called,  because 
they  fought  with  two  swords.6 

Equitcs  were  those  who  fought  on  horseback.7 

Essedarii  fought  from  chariots  like  the  Gauls  and 
Britons.  {Vid.  Esseda.)  They  are  frequently  men- 
tioned in  inscriptions.8 

Fiscales  were  those,  under  the  Empire,  who  were 
trained  and  supported  from  the  fiscus.9 

Hoplomachi  appear  to  have  been  those  who  fought 
in  a  complete  suit  of  armour.10  Lipsius  considers 
them  to  have  been  the  same  with  the  Samnites,  and 
that  this  name  was  disused  under  the  emperors,  and 
hoplomachi  substituted  for  it. 

Laqueatores  were  those  who  used  a  noose  to  catch 
their  adversaries.11 

Meridiani  were  those  who  fought  in  the  middle 
of  the  day,  after  combats  with  wild  beasts  had  ta- 
ken place  in  the  morning.  These  gladiators  were 
very  slightly  armed.12 

Mirmillones  are  said  to  have  been  so  called  from 
their  having  the  image  of  a  fish  {mormyr,  fiopfivpoc) 
on  their  helmets.13  Their  arms  were  like  those  oi 
the  Gauls,  whence  we  find  that  they  were  also  call- 
ed Galli.  They  were  usually  matched  with  the  re- 
tiarii  or  Thracians.14 

Ordinarii  was  the  name  applied  to  all  the  regular 
gladiators,  who  fought  in  pairs,  in  the  ordinary 


is 


way. 

Postulaticii  were  such  as  were  demanded  by  the 
people  from  the  editor,  in  addition  to  those  who 
were  exhibited.16 

Provocatores  fought  with  the  Samnites,17  but  we 
do  not  know  anything  respecting  them  except  their 
name.  They  are  mentioned  in  inscriptions.18  The 
npoSoKuTup  mentioned  by  Artemidorus19  appears  to 
be  the  same  as  the  provocator. 

Retiarii  carried  only  a  three-pointed  lance,  called 
tridens  or  fuscina  {vid.  Fuscina),  and  a  net  {rete), 
which  they  endeavoured  to  throw  over  their  adver- 
saries, and  then  to  attack  them  with  the  fuscina 
while  they  were  entangled.  The  retiarius  was  dress- 
ed in  a  short  tunic,  and  wore  nothing  on  his  head. 
If  he  missed  his  aim  in  throwing  the  net,  he  betook 
himself  to  flight,  and  endeavoured  to  prepare  his 
net  for  a  second  cast,  while  his  adversary  followed 
round  the  arena  in  order  to  kill  him  before  he  could 
make  a  second  attempt.  His  adversary  was  usu- 
ally a  secutor  or  a  mirmillo.20    In  the  following 


1.  (Cod.  11,  tit.  43.)—2.  (Theodoret,  Hist.  Eccles.,  v.,  20.)— 
3.  (Cic  ad  Fam.,  vii.,  10.)  —  4.  (Inscr.,  2577.)  — 5.  (Snet.,  Oc- 
tav., 45.—"  Gregatim  dimicantes  :"  Cal.,  30.)  —6.  (Artemidor., 
ii.,  32.— Orelli,  Inscr.,  2584.)— 7.  (Orelli,  2577,2569.)— 8.  (Orel 
li,  2566,  2584,  &c.)  —  9.  (Capitol.,  Gord.,  iii.,  33.)  —  10.  (Suet , 
Cal.,  35.  —  Martial,  viii.,  74.  —  Orelli.  2566.)  — 11.  (Isid  ,  xviii., 
56.)— 12.  (Senec,  Epist.,  7.— Suet.,  Claud.,  34.  —  Orelli,  2587  ) 
—  13.  (Festus,  s.  v.  Retiario.)— 14.  (Cic,  Phil.,  iii.,  12.— Id.  ib., 
vii.,  6.— Juv.,  viii.,  200.— Suet.,  Cal.,  32.— Orelli,  2566,  2580.)— 
15.  (Senec,  Epist.,  7.— Suet.,  Octav.,  45.  — Id.,  Cal.,  26.)  — 16. 
(Senec,  1.  c)— 17.  (Cic,  Pro  Sext.,  64.)  —  18-  (Orelli,  2566.)— 
19.  (ii.,  32.)— 20.  (Juv.,  Sat.,  ii.,  143.— Id.  ib.*  vii)  ,  203.— Siet  , 
Cal.,  30.— Id.,  Claud.,  34.— Orelli,  2578.) 


GLADIATORES. 


GLADIATORES. 


•roo'lcut,  taken  from  Winckelmann,1  a  combat  is 
represented  between  a  retiarius  and  a  mirmillo ;  the 


foimer  has  thuwn  bis  net  over  the  head  of  the  lat- 
ter, and  is  proceeding  to  attack  him  with  the  fusci- 
na.    The  lanista  stands  behind  the  retiarius. 

Samniles  were  so  called  because  they  were  armed 
in  the  same  way  as  that  people,  and  were  particular- 
ly distinguished  by  the  oblong  scutum.2 

Secutores  are  supposed  by  some  writers  to  be  so 
called,  because  the  secutor,  in  his  combat  with  the 
retiarius,  pursued  the  latter  when  he  failed  in  secu- 
ring him  by  his  net.  Other  writers  think  that  they 
were  the  same  as  the  supposititii,  mentioned  by 
Martial,3  who  were  gladiators  substituted  in  the 
place  of  those  who  were  wearied  or  were  killed.* 
If  the  old  reading  in  a  letter  of  Cicero's5  is  correct, 
Julius  Caesar  had  no  less  than  500  secutores  in  his 
ludus  at  Capua ;  but  it  appears  probable  that  we 
ought  to  read  scutorum  instead  of  secutorum. 

Supposititii.     (Vid.  Secutores.) 

Thraces  or  Threces  were  armed,  like  the  Thra- 
cians,  with  a  round  shield  or  buckler,6  and  a  short 


«word  or  dagger  (sica!),  which  is  called  falx  supina 


by  Juvenal.1  They  were  usually  matched,  as  al- 
ready stated,  with  the  mirmillones.  The  preceding 
woodcut,  taken  from  Winckelmann,3  represents  a 
combat  between  two  Thracians.  A  lanista  stands 
behind  each. 

Paintings  of  gladiatorial  combats,  as  well  as  of 
the  other  sports  of  the  amphitheatre,  were  favourite 
subjects  with  the  Roman  artists.3  Several  statues 
of  gladiators  have  come  down  to  us,  which  are  high- 
ly admired  as  works  of  art :  of  these,  the  most  cele- 
brated is  the  gladiator  of  the  Borghese  collection, 
now  in  the  Museum  of  the  Louvre,  and  the  dying 
gladiator,  as  it  is  called,  in  the  Capitoline  Museum. 
Gladiatorial  combats  are  represented  in  the  bas-re- 
liefs on  the  tomb  of  Scaurus  at  Pompeii,  and  illus- 
trate in  many  particulars  the  brief  account  which 
has  been  given  in  this  article  of  the  several  classes 
of  gladiators.  These  bas-reliefs  are  represented  in 
the  following  woodcuts  from  Mazois.4  The  figures 
are  made  of  stucco,  and  appear  to  have  been  mouiu- 
ed  separately,  and  attached  to  the  plaster  by  pegs 
of  bronze  or  iron.  In  various  parts  of  the  frieze  are 
written  the  name  of  the  person  to  whom  the  gladia- 
tors belonged,  and  also  the  names  of  the  gladiators 
themselves,  and  the  number  of  their  victories.  The 
first  pair  of  gladiators  on  the  left  hand  represents  an 
equestrian  combat.  Both  wear  helmets  with  vi'ujrs, 
which  cover  the  whole  face,  and  are  armed  with 
spears  and  round  bucklers.  In  the  second  pair;,  the 
gladiator  on  the  left  has  been  wounded  ;  he  has  let 
fall  his  shield,  and  is  imploring  the  mercy  of  the 
people  by  raising  his  hand  towards  them.  His  an- 
tagonist stands  behind  him,  waiting  the  signal  of  the 
people.  Iiike  all  the  other  gladiators  represented 
on  the  frieze,  they  wear  the  subligaculum,  or  short 
apron  fixed  above  the  hips.  The  one  on  the  left 
appears  to  be  a  mirmillo,  and  the  one  on  the  right, 
with  an  oblong  shield  (scutum),  a  Samnite.  The 
third  pair  consists  of  a  Thracian  and  a  mirmillo,  the 
latter  of  whom  is  defeated.  The  fourth  group  con- 
sists of  four  figures  ;  two  are  secutores  and  two  re- 
tiarii.  The  secutor  on  his  knee  appears  to  have 
been  defeated  by  the  retiarius  behind  him,  but  as 
the  fuscina  is  not  adapted  for  producing  certain 
death,  the  other  secutor  is  called  upon  to  do  it. 
The  retiarius  in  the  distance  is  probably  destined  to 
fight  in  his  turn  with  the  surviving  secutor.  The 
last  group  consists  of  a  mirmillo  and  a  Samnit« 
the  latter  is  defeated. 


In  the  next  woodcut  two  combats  are  represent-  ]  ed.     In  the  first  a  Samnite  has  been  conquered 


1.  (Mon.  lued.,  pi.  197.)— 2.  (Liv.,  ix.,  40.— Cic,  Pro  Sext.,  64.) 
—I.  (v.,  24.)— 4.  (Suet.,  Cal.,  30.— Jut.,  viii.,  210.)— 5.  (ad  Att., 
rii..  14.)— «.  vTestut,  8.  v.  Thraces.)— 7.  (Suet.,  Cal.,  32.) 


1.  (viii.,  201.)— 2.  (I.e.)— 3.  (Plm.,  H.  N.,  xxxv.,  33.  —  Cap. 
tol.,  Gord.,  3.— Vopisc,  Carin.,  18.)  —4.  (Pomp.,  I.,  pi.  32.) 

477 


GLANS. 


GLECHON. 


bj  a  mirmillo  ;  the  former  is  holding  up  his  hand  to 
the  people  to  implore  mercy,  while  the  latter  appa- 
rently wishes  to  become  his  enemy's  executioner 
before  receiving  the  signal  from  the  people,  but  the 
lanista  holds  him  back.  In  the  other  combat  a 
mirmillo  is  mortally  wounded  by  a  Samnite. 

It  will  be  observed  that  the  right  arm  of  every 
figure  is  protected  by  armour,  which  the  left  does 
not  require,  on  account  of  the  shield.1  (Vid.  Besti- 
.  mi,  Venatio.) 

♦GLADIOLUS  (%i<piov  and  cpaaydviov),  Corn-flag 
or  Sword-grass.  Gaza,  in  his  version  of  Theophras- 
tus,  renders  the  Greek  term  by  ensis.  The  people  of 
Zante  call  it,  at  the  present  day,  aypioKotcopog ;  the 
rest  of  the  modern  Greeks,  aizadoKvprov.  Sibthorp 
found  a  variety,  which  he  names  G.  triphyllus.  The 
botanical  name  for  the  Gladiolus  of  the  ancients  is 
G.  communis  or  vulgaris.  This  is  found  in  the 
fields  of  the  iEgean  islands  at  the  beginning  of 
spring.2 

GLADIUS  (%i<poc,  poet,  hop,  <t>uayavov),  a  Sword 
or  Glaive,  by  the  Latin  poets  called  ensis.  The  an- 
cient sword  had  generally  a  straight,  two-edged 
blade  (u/x^vKeg3),  rather  broad,  and  nearly  of  equal 
width  from  hilt  to  point.  Gladiators,  however,  used 
a  sword  which  was  curved  like  a  cimiter.*  In 
times  of  the  remotest  antiquity  swords  were,  made 
of  bronze,  but  afterward  of  iron.5  The  Greeks  and 
Romans  wore  them  on  the  left  side  (vid.  p.  93 ; 
woodcut,  p.  5976),  so  as  to  draw  them  out  of  the 
sheath  (vagina,  KoTieog)  by  passing  the  right  hand  in 
front  of  the  body  to  take  hold  of  the  hilt  with  the 
thumb  next  to  the  blade.  Hence  iEschylus  dis- 
tinguishes the  army  of  Xerxes  by  the  denomination 
of  ftaxaipofopov  edvog,"1  alluding  to  the  obvious  dif- 
ference in  their  appearance  in  consequence  of  the 
use  of  the  Acinaces  instead  of  the  sword. 

The  early  Greeks  used  a  very  short  sword.  ( Vid. 
woodcut,  p.  94.)  Iphicrates,  who  made  various 
improvements  in  armour  about  400  B.C.,  doubled 
its  length,8  so  that  an  iron  sword  found  in  a  tomb 
at  Athens,  and  represented  by  Dodwell,9  was  two 
feet  five  inches  long,  including  the  handle,  which 
was  also  of  iron.  The  Roman  sword,  as  was  the 
case  also  with  their  other  offensive  weapons,  was 
larger,  heavier,  and  more  formidable  than  the 
Greek.10  Its  length  gave  occasion  to  the  joke  of 
Lentulus  upon  his  son-in-law,  who  was  of  very  low 
stature,  "  Who  tied  my  son-in-law  to  his  sword?"11 
To  this  Roman  sword  the  Greeks  applied  the  term 
GTTfWn,1*  which  was  the  name  of  a  piece  of  wood  of 
the  same  form  used  in  weaving.  (Vid.  Tela.)  The 
British  glaive  was  still  larger  than  the  Roman.13  In 
a  monument  found  in  London,  and  preserved  at  Ox- 
ford, the  glaive  is  represented  between  three  and 
four  feet  long.14 

The  principal  ornament  of  the  sword  was  be- 
stowed upon  the  hilt.15     (Vid.  Capulus.) 

Gladius  was  sometimes  used  in  a  wide  sense,  so 
as  to  include  Pugio.16 

GLANDES.     (Vid.  Funda.) 

*  GLANS.  "This  term,"  observes  Marty n, 
"  seems  to  have  been  used  by  the  Romans  in  the 
same  sense  that  we  employ  the  word  Mast,  name- 
ly, to  indicate  the  fruit  of  the  beech,  oak,  or  other 
forest-trees.  Thus  the  fruit  of  the  beech  is  called 
glans  by  Pliny,  lfagi  glans,  nuclei  similisS  But, 
strictly  speaking,  it  means  only  such  fruits  as  con- 


1.  (Lipsius,  Saturnalia.) — 2.  (Dioscor.,  iv.,  20,  22.  —  Theo- 
phrast.,  H.  P.,  vii.,  11. — Billerbeck,  Flora  Classica,  p.  13.) — 3. 
(Horn.,  11.,  x.,  256.)— 4.  (Mariette,  Recueil,  No.  92.)— 5.  (Eurip., 
Phosn.,  67,  529,  1438.—  Virg.,  Mn.,  iv.,  579.— Id.  ib.,  vi.,  260.)— 
P.  (Sid.  Apoll.,  Carm.,  2.)— 7.  (Pers.,  56.)— 8.  (Diod.  Sic,  xv., 
44.)— 9.  (Tour,  i.,  p.  443.)— 10.  (Florus,  ii.,  7.)— 11.  (Macrob., 
Snturn.,  ii.)— 12.  (Arrian,  Tact.)— 13.  (Tac.,  Agric,  36.)— 14. 
(Montfaucon,  Supplem.,  iv.,  p.  16.)— 15.  (Virg.,  Mix.,  xii.,  942.) 
— 13.  (Aul.  Gell.jix.,  13.) 
478 


tain  but  one  seed,  which  is  covered  at  the  lowei 
part  with  a  husk,  and  is  naked  at  the  upper  part . 
thus  the  fruit  of  an  oak,  which  we  commonly  call 
an  acorn,  is  properly  a  glans.  *  Glandem,'  saja 
Pliny,  '  qua  proprie  intelligitur,  ferunt  robur,  qucrcut, 
cescuIus,  cerrus,  ilex,  suber.''  "l 

*GLASTUM  (iadrtg),  Woad,  or  Isatis  tinctoria, 
long  celebrated  for  producing  a  dye  of  a  beautiful 
blue  colour.  The  ancient  Britons,  according  to 
Caesar  and  other  writers,  stained  their  bodies  with 
the  juice  of  this  plant,  a  custom  which,  according 
to  Pliny,  extended  even  to  females.  Two  kinds  of 
Isatis  are  mentioned  by  the  ancient  writers ;  the 
domesticated,  or  sativa,  the  same  with  the  /.  tincto 
ria,  and  the  wild,  or  dypia,  corresponding  to  the  / 
Lusitanica.2 

*GLAUCTUM  (ylavKiov),  the  Horned  Poppy, 
named  by  Bauhin  Papaver  corniculatum,  and  by 
more  modern  botanists,  Glaucium  corniculatum,  Curt. 
Sibthorp  found  it  growing  abundantly  along  the 
sandy  shores  of  Greece.3 

*GLAUCUS  (yTiavKoc),  the  blue  Shark,  or  Squa- 
lus  Glaucus,  called  in  French  Le  Chien  de  Mer. 
iElian  describes  the  paternal  care  of  this  fish  for  its 
offspring  in  guarding  it  against  dangerous  foes  :  tto- 
Trjp  6'  kv  Ixdvcnv  6  yTiavKOc  oloc  tan  !  k.  r.  X.* 

*GLAUX  (yXavfr,  "  the  Striz  Bubo,  L.,  known 
by  the  English  names  of  Eagle  Owl,  Great  Owl, 
and  Great  Horned  Owl.  The  urog  is  the  Strix 
Otus,  or  Horned  Owl.  The  aiyuliog  of  Aristotle 
may  be  conjectured  to  be  the  Strix  nyctea,  or  Great 
White  Owl."5  Dodwell,  speaking  of  the  owls  in 
modern  Greece,  observes,  "  There  are  many  varie- 
ties of  owls  at  Athens ;  the  most  common  is  the 
Strix  passcrina,  which  is  very  small  and  tame,  and 
is  the  same  that  is  represented  on  Athenian  coins. 
They  have  a  particular  note,  of  which  their  Greek 
name,  KovKovdayta,  is  perfectly  expressive,  and  to 
which  that  circumstance  must  have  given  rise, 
since,  the  cuckoo  has  received  its  appellation  from 
a  similar  resemblance.  It  is  a  singular  circum- 
stance, that  the  Athenians  are  pleased  with  seeing 
the  bird  of  Minerva  perch  upon  their  houses.  In 
all  other  countries  it  is  supposed  as  anciently  to 
portend  calamity  and  death."  The  selection  of  the 
owl  as  the  emblem  of  Minerva  originated,  as  is 
thought,  from  the  circumstance  of  this  bird's  hav- 
ing a  particular  air  of  intelligence,  owing  to  the  ele- 
vation of  the  facial  line.0 

*II.  a  plant,  which  Tragus  and  Bauhin  are  in- 
clined to  refer  to  a  species  of  Poly  gala,  or  Milkwort ; 
but  Sprengel  follows  Clusius  in  holding  it  to  be  the 
Astragalus  Glaux.  The  English  name  of  the  As- 
tragalus is  Milkvetch.7 

*GLECHON  (yhrixw),  the  Mentha  pulcgium,  or 
Pennyroyal.  Apuleius  says,  "  Graci  Blechon,  ahi 
Glechon,  et  Latini  Pulegium."  The  former  of  these 
two  Greek  expressions,  namely,  Blechon  (ffor/xuv), 
of  which  the  other  (Glechon)  is  merely  a  dialectic 
variation,  comes,  according  to  the  ancient  writers, 
from  p?ivxv>  "  bleating,"  because  the  plant,  when 
eaten  by  sheep  and  goats,  makes  them  bleat.  The 
Latin  name  pulegium  was  given  to  it  because  it 
was  believed  to  kill  fleas  (pulices)  by  its  odour. 
Two  kinds  of  pulegium  are  mentioned  by  the  an- 
cients, the  domesticated  (sativum)  and  wild  (sylves- 
tre).  Pliny  gives  a  long  enumeration  of  its  medical 
properties,  and  cites  the  saying  of  Varro,  that  a 
crown  of  Pennyroyal  was  more  fit  to  adorn  an 
apartment  than  one  of  roses.  The  same  writer 
distinguishes  also  between  the  male  and  female  pu- 

1.  (Martyn  ad  Virg.,  Georg.,  i.,  305.)— 2.  (Cses.,  E.  G.,  v.,  14. 
— Plin.,  H.  N.,  xxii.,  1. — Dioscor.,  ii.,  215. — Billerbeck,  Flora 
Classica,  p.  174.)— 3.  (Dioscor.,  iii.,  90. — Adams,  Append.,  f.  v.) 
— 4.  (iElian,  N.  A.,  i.,  16. — Adams,  Appor\d.,  s.  v.) — 5.  (Auani% 
Append.,  s.  v.) — 6.  (Dodwell,  Tour,  ii.,  jr.  43.) — 7.  (DioKor.tr 
180. — Adams,  Append.,  s.  v.) 


GRAMMATEUS. 


GRAPHE. 


tegmm,  which  Dioscorides  does  not,  and,  botanically 
speaking,  this  distinction  is  a  vicious  one.  Apulei- 
us,  without  douht  following  Pliny,  says  that  the  fe- 
male pulegium  has  a  red  flower,  and  the  male  a 
white  one  ;  but  he  gives  no  preference  for  medical 
ourposes  to  either  the  one  or  the  other  kind.1 

♦GLIS,  the  Rell-mouse,  or  Glis  escvlentus,  a 
branch  of  the  Dormouse  family.  It  is  the  fivogoc 
of  the  Greek  writers,  which  is  most  probably  the 
same  with  the  ttetof  of  Aristotle.  Linnaeus  calls  it 
the  Myoxus  Glis.'2 

■*GLOTTIS  (ylurric),  the  name  of  a  bird  men- 
tioned by  Aristotle.  "The  most  probable  conjec- 
ture," says  Adams,  "  which  I  can  form  respecting 
it,  is,  that  it  was  the  Totanus  Glottis,  Bechstein, 
called  in  English  the  Greenshank  or  Great  Plover."3 

*GLYCYRRHIZ'A  (ylvKv^a),  Liquorice. 
Sprengel,  in  his  R.  H.  H.,  acknowledges  it  to  be  the 
Glycyrrhiza  glabra ;  but  in  his  edition  of  Dioscori- 
des he  prefers  the  G.  glandulifera.  Bauhin,  Hill, 
Miller,  and  Dierbach  agree  that  it  is  the  variety  of 
Liquorice  now  named  G.  capite  cchinato,  which  is 
described  by  Dioscorides.  Sibthorp  also  makes  it 
to  be  the  G.  echinat* 

'GLYCYM'ARIS  (ylvuv/iapic),  a  fish  of  the  tes- 
taceous order.  Coray  inclines  to  refer  it  to  the 
Area  glycymaris,  L.  Lamarck  makes  it  a  distinct 
genus.5 

*GLYCYS'IDE  (yTivKvoldn),  according  to  Dios- 
corides and  Galen,  a  synonyme  of  the  ncuovia. 
"The  two  species  described  by  them,"  remarks 
Adams,  "  are  most  probably  the  Paonia  officinalis, 
or  Male  Paeony,  and  the  P.  corallina.  Stackhouse 
holds  the  y?^vKvaidrj  of  Theophrastus  to  be  the  P. 
nobilis."6 

♦GNAPHAL'IUM  (yvaduMov),  according  to  Bau- 
hin, the  "Herba  impian  of  Pliny,  which  he  calls  the 
Gnaphalium  vuigare,  but  which  is  now  termed  G. 
Germanicum  by  British  botanists.  It  is  the  common 
Cudweed  of  Great  Britain.  "  This  seems  to  be  a 
probable  view  of  the  subject,"  remarks  Adams,  "  but 
it  becomes  me  to  state  that  Sprengel,  upon  the  au- 
thority of  Matthiolus,  Dodonaeus,  and  others,  holds  it 
to  be  a  species  of  Lavender-cotton,  namely,  the 
Otanlhus  maritimus,  Zink."7 

♦GNAPH'ALUS  (yvbtyaloc),  a  bird  of  passage 
described  by  Aristotle.  Buffon  conjectures  that  it 
was  the  Bohemian  Chatterer  (Garrulus  Bohemicus) ; 
an  opinion  discountenanced  by  Linnaeus,  but  which 
Adams  considers  a  very  probable  one.8 

GNOMON.     (Vid.  Horologium.) 

*GOBIUS  (ko6i6c),  the  Sea  Gudgeon  or  Gobey. 
Griffith  thinks  that  the  Gobey  is  the  Phycis  of  the 
ancients,  "the  only  fish  that  constructs  a  nest."9 

*GOSSIPTON.  The  Cotton-tree.  (Vid.  EPI- 
0$OPON  AENAPON.) 

GRADUS  COGNATIONIS.     (Vid.  Cognati.) 

GRAMM'ATEUS  (ypafifiarevc),  a  Clerk  or  Scribe. 
Among  the  great  number  of  scribes  employed  by 
the  magistrates  and  government  of  Athens,  there 
were  three  of  a  higher  rank,  who  were  real  state 
officers.10  Their  functions  are  described  by  Pollux.11 
One  of  them  was  appointed  by  lot,  by  the  senate,  to 
serve  the  time  of  the  administration  of  each  pry- 
tany,  though  he  always  belonged  to  a  different  pry- 
tany  from  that  which  was  in  power.  He  was 
therefore  called  ypafi/xarevc  Kara  npvraveiav.12  His 
province  was  to  keep  the  public  records,  and  the  de- 

■  * . 

1.  (Nicand.,  Alex.,  128. — Dioscor.,  iii.,  33. — Plin.,  H.  N.,  XX.., 
14.)— 2.  (Aristot.,  II.  A.,  viii.,  19. — Adams,  s.  v.  i\ci6$.) — 3. 
(Aristot.,  II.  A.,  viii.,  14. — Adams,  Append.,  s.  v.)— 4.  (Dioscor., 
hi.,  7. — Adams,  Append.,  s,  v. — Billerbeck,  Flora  Classica,  p. 
192.)— 5.  (Plin.,  H.  N.,  xxxii.,  11.— Adams,  Append.,  s.  v.)— 6. 
(Theophrast.,  ix.,  9.--Dioscor.,  iii.,  147.— Nicand.,  Thcr.,  940.— 
Adams,  Append., s.  v.) — 7.  (Dioscor., iii.,  122. — Adams,  Append., 
».  v.)— 8.  (Aristot.,  H.  A.,  ix.,  16.)— 9.  (Griffith's  Cuvier,  vol. 
x.,  p.  236.)— 10.  (Suidas,  8.  v.)— 11.  (Onom.,  viii.,  98.)— 12.  (De- 
mo«th..  c.  Timocrat.,  p.  720.) 


crees  of  the  people  which  were  made  during  t»* 
time  of  his  office,  and  to  deliver  to  the  thesrnolhetsc 
the  decrees  of  the  senate.1  Demosthenes,  in  an- 
other passage,2  states  that  the  public  documents, 
which  were  deposited  in  the  Metroon,  were  in  the 
keeping  of  a  public  slave  ;  whence  we  must  suppose, 
with  Schomann,3  that  this  servant,  whose  office  waa 
probably  for  life,  was  under  the  ypa/iuarevc,  and  was 
his  assistant.  Previous  to  the  archonshipof  Euclei- 
des,  the  name  of  this  scribe  was  attached  to  the 
beginning  of  every  decree  of  the  people  ;*  and  the 
name  of  the  ypafifiarevc  who  officiated  during  the 
administration  of  the  first  prytany  in  a  year  was,  like 
that  of  the  archon  eponymus,  used  to  designate  the 
year. 

The  second  ypafiuarevc  was  elected  by  the  senate 
by  xupoTovia,  and  was  intrusted  with  the  custody 
"of  the  laws  (em  rovg  vSfiovc5).  His  usual  name  was 
ypafifiarevc  rf/c  ftovTiijc,  but  in  inscriptions  he  ia 
also  called  ypafifiarevc  ruv  (3ov?\,evr£)v.6  Farthei 
particulars  concerning  his  office  are  not  known. 

A  third  ypafifiarevc  was  called  ypafifiarevc  rfjc  iro- 
7.eoc,1  or  ypafifiarevq  rf/c  (SovXijc  nal  rov  6-rjfiov.  He 
was  appointed  by  the  people  by  x^l9OTOV,-ai  an<l  tne 
principal  part  of  his  office  was  to  read  any  laws  or 
documents  which  were  required  to  be  read  in  the 
assembly  or  in  the  senate.9 

A  class  of  scribes  inferior  to  these  were  those 
persons  who  were  appointed  clerks  to  the  several 
civil  or  military  officers  of  the  state,  or  who  served 
any  of  the  three  ypa/ifiareic  mentioned  above  as 
under-clerks  (v-Koypafifiareic9).  These  persons  were 
either  public  slaves  or  citizens  of  the  lower  orders, 
as  appears  from  the  manner  in  which  Demosthenes 
speaks  of  them,  and  were  not  allowed  to  hold  their 
office  for  two  succeeding  years.10 

Different  from  these  common  clerks  were  the 
avnypafyelc,  checking-clerks  or  counter- scribes,  who 
must  likewise  be  divided  into  two  classes,  a  lower 
and  a  higher  one.  The  former  comprised  those 
who  accompanied  the  generals  and  cashiers  of  the 
armies,11  who  kept  the  control  of  the  expenditure 
of  the  sacred  money,  &c.12  The  higher  class  of 
avTiypapelc,  on  the  other  hand,  were  public  officers. 
Their  number  was,  according  to  Harpocration,13 
only  two,  the  uvriypafyevc  rf/c  diomriceuc,  and  the 
avriypafyevc  rf/c  (3ov?.f,c.  The  office  of  the  former 
was  to  control  the  expenditure  of  the  public  treasu- 
ry (6iolkt]glc)  ;  the  latter  was  always  present  at  the 
meetings  of  the  senate,  and  recorded  the  accounts 
of  money  which  was  paid  into  the  senate.1*  He  had 
also  to  lay  the  account  of  the  public  revenue  before 
the  people  in  every  prytany,  so  that  he  was  a  check 
upon  the  anoSeKrai.  He  was  at  first  elected  by  thtf 
people  by  xu?0T0V'iai  Dut  was  afterward  appointee 
by  lot.15 

The  great  number  of  clerks  arid  counter-clerks  a* 
Athens  was  a  necessary  consequence  of  the  insti 
tution  of  the  evdvvrj,  which  could  not  otherwise 
have  been  carried  into  effect.16 

GRAPHE  (ypa$rt),  in  its  most  general  accepta- 
tion, comprehends  all  state  trials  and  criminal  pros 
ecutions  whatever  in  the  Attic  courts  ;  but  in  its 
more  limited  sense,  those  only  which  were  not  dis- 


1.  (Demosth.,  1.  c.)— 2.  (De  Fals.  Leg.,  p.  381.)— 3.  (De  Co 
mit.,  p.  302,  transl.) — 4.  (Schomann,  p.  132,  &c. — Cornpars 
Bol'LE,  p.  69.) — 5.  (Pollux,  1.  c— Demosth.,  c.  Timocr.,  p.  713 
— DeCoron.,p.238.)— 6.  (Bockh,  Staatsh.,  i.,  p.  201.)—  7.  (Thu 
cyd.,  vii.,  10.) — 8.  (Pollux,  1.  c. — Demosth.,  De  Fals.  Leg.,  p 
419. — Id.,  c.  Leptin.,  p.  485. — Suidas-,  s.  v.)— 9.  (Demosth.,  Ds 
Fals.  Leg.,  p.  419. — Id.,  De  Coron.,  p.  314. — Antiphon,  De  Cho- 
reut..  p.  792. — Lysias,  c.  Nicom.,  p.  864.) — 10.  Lysias,  c.  Nicom., 
p.  864,  according  to  the  interpretation  of  this  passage  by  Bockh, 
Staatsh.  i.,  p.  203.)— 11.  (Demosth.,  De  Cherson.,  p.  101.)— 12 
(Bockh,  Staatsh.,  i.,  p.  198.)— 13.  (s.  v.)— 14.  (Compare  Pollux, 
Onom.,  viii.,  98 — Suidas.  s.  v.) — 15.  (iEschin.,  c.  Ctes.,  p.  417 
—Pollux,  1.  c.)— 16.  (Vid.  Schomann,  De  Comit.,  p.  302,  &c— 
Bockh,  Staatsh.,  i.,  p.  198,  &c— Hermann,  Polit.  Antic^,  ♦  1ST, 
n.  17  and  18.) 

479 


GRAPHE. 


GUBERNACULUM 


ttnguished  as  the  evdvvij,  hdeitjic,  tlaayyzXia  by  a 
special  name  and  a  peculiar  conduct  of  the  proceed- 
ings. The  principal  characteristic  differences  be- 
tween public  and  private  actions  are  enumerated 
under  Dice,  and  the  peculiar  forms  of  public  pros- 
ecutions, such  as  those  above  mentioned,  are  sep- 
arately noticed.  Of  these  forms,  together  with  that 
of  the  ypafyfi,  properly  so  called,  it  frequently  hap- 
pened that  two  or  more  were  applicable  to  the  same 
cause  of  action  *  and  the  discretion  of  the  prosecu- 
tor in  selecting  the  most  preferable  of  his  available 
remedies  was  attended  by  results  of  great  impor- 
tance to  himself  and  the  accused.  If  the  prosecu- 
tor's speech  (Karnyopia),  and  the  evidence  adduced 
by  him,  were  insufficient  to  establish  the  aggrava- 
ted character  of  the  wrong  in  question,  as  indicated 
by  the  form  of  action  he  had  chosen,  his  ill-judged 
ngour  might  be  alleged  in  mitigation  of  the  punish- 
ment by  the  defendant  in  his  reply  (airo?<,oyia),  or 
upon  the  assessment  of  the  penalty  after  judgment 
given ;  and  if  the  case  were  one  of  those  in  which  the 
dicasts  had  no  power  of  assessing  (uTtjLtTjrog  ypafyrf), 
it  might  cause  a  total  failure  of  justice,  and  even 
render  the  prosecutor  liable  to  a  fine  or  other  pun- 
ishment.1 

The  courts  before  which  public  causes  could  be 
tried  were  very  various  ;  and,  besides  the  ordinary 
heliastic  bodies  under  the  control  of  the  nine  ar- 
chons,  or  the  generals,  or  logistse,  the  council,  and 
even  the  assembly  of  the  people,  occasionally  became 
judicial  bodies  for  that  purpose,  as  in  the  case  of  cer- 
tain docimasiae  and  eisangeliae.2  The  proper  court 
in  which  to  bring  a  particular  action  was,  for  the 
most  part,  determined  by  the  subject-matter  of  the 
accusation.  In  the  trial  of  state  offences,  it  was,  in 
general,  requisite  that  the  ostensible  prosecutor 
should  be  an  Athenian  citizen  in  the  full  possession 
of  his  franchise ;  but  on  some  particular  occasions,3 
even  slaves  and  resident  aliens  were  invited  to 
come  forward  and  lay  informations.  In  such  cases, 
and  in  some  eisangeliae  and  other  special  proceed- 
ings, the  prosecution  and  conduct  of  the  cause  in 
court  was  carried  on  by  advocates  retained  by  the 
state  (^vvr/yopot)  for  the  occasion ;  but  with  the  ex- 
ception of  these  temporary  appointments,  the  pro- 
tection of  purely  state  interests  seems  to  have  been 
left  to  volunteer  accusers. 

In  criminal  causes  the  prosecution  was  conduct- 
ed by  the  nvpiog  in  behalf  of  the  aggrieved  woman, 
minor,  or  slave  ;  his  Tzpoardrrig  probably  gave  some 
assistance  to  the  resident  alien  in  the  commence- 
ment of  proceedings,  though  the  accusation  was 
in  the  name  of  the  person  aggrieved,  who  also  made 
his  appearance  at  the  trial  without  the  intervention 
of  the  patron  ;*  and  a  complete  foreigner  would 
upon  this  occasion  require  the  same  or  a  still  far- 
ther protection  from  the  proxenus  of  his  country. 
With  the  exception  of  cases  in  which  the  apagoge, 
ephegesis  endeixis,  or  eisangelia  was  adopted,  in 
the  first  three  of  which  an  arrest  actually  did,  and  in 
the  last  might  take  place,  and  accusations  at  the  eu- 
thunae  and  docimasias,  when  the  accused  was,  or 
was  supposed  by  the  law  to  be,  present,  a  public 
action  against  a  citizen  commenced,  like  an  ordina- 
ry lawsuit,  with  a  summons  to  appear  before  the 
proper  magistrate  on  a  fixed  day.5  The  anacrisis 
then  followed  {vid.  (Anacrisis)  ;  but  the  bill  of  ac- 
cusation was  called  a  ypatyrj  or  fyacig,  as  the  case 
might  be,  and  not  an  ly/cX^a  or  Xy^ig,  as  in  pri- 
vate actions  ;  neither  could  a  public  prosecution  be 
referred  to  an  arbitrator  (vid.  Diaitetes)  ;  and  if  it 
were  compromised,  would  in  many  cases  render  the 
iccuser  liable  to  an  action  nadv^Eaeug,  if  not  ipso 

1.  (Demosth.,  c.  Androt.,  601.— Id.,  c.  Meid.,  523.)— 2.  (Meier, 
Itt.  Proc,  p.  205,  268.)— 3.  (Thucyd.,  vi.,  28.— Lye.,  Pro  Call., 
188.)— 4.  (Meier,  Att.  Froc.,  661.)— 5.  (Plato,  Euthyph.,  init.) 
480 


facto  to  a  fine  of  a  thousand  drachmas.1  The  sarao 
sum  was  also  forfeited  when  the  prosecutor  failed  to 
obtain  the  voices  of  a  fifth  of  the  dicasts  in  Ell  ca- 
ses except  those  brought  before  the  archon  that  had 
reference  to  injury  (kukuoic)  done  to  women  or  or- 
phans ;  and  besides  this  penalty,  a  modified  disfran 
chisement,  as,  for  instance,  an  incapacity  to  bring  a 
similar  accusation,  was  incurred  upon  several  occa- 
sions. Upon  the  conviction  of  the  accused,  if  the 
sentence  were  death,  the  presiding  magistrate  of 
the  court  delivered  the  prisoner,  who  remained  in 
the  custody  of  the  Scythae  during  the  trial,  to  the 
Eleven,  whose  business  it  was  to  execute  judgment 
upon  him.  ( Vid.  Eleven,  The.)  If  the  punishment 
were  confiscation  of  property,  the  demarchs  made 
an  inventory  of  the  effects  of  the  criminal,  which 
was  read  in  the  assembly  of  the  people,  and  deliv- 
ered to  the  poletae,  that  they  might  make  a  sale  of 
the  goods,  and  pay  in  the  proceeds  to  the  public 
treasury.3 

GREGORIA'NUS  CODEX.     (Vid.  Codex  Grk 

GORIANUS.) 

GROSPHOS  (yP6(j<l>og).  (Vid.  Hasta.) 
GUBERNA'CULUM,  ant.  GUBERNUM  (nrjda- 
Xiov),  a  Rudder.  Before  the  invention  of  the  rudder, 
which  Pliny3  ascribes  to  Tiphys,  the  pilot  of  the 
ship  Argo,  vessels  were  both  propelled  and  guided 
by  oars  alone.  This  circumstance  may  account  for 
the  form  of  the  ancient  rudder,  as  well  as  for  the 
mode  of  using  it.  It  was  like  an  oar  with  a  very 
broad  blade,  and  was  commonly  placed  on  each  side 
of  the  stern,  not  at  its  extremity.  The  annexed 
woodcut  presents  examples  of  its  appearance  as  it 
is  frequently  exhibited  on  coins,  gems,  and  other 
works  of  art.  The  figure  in  the  centre  is  from  one 
of  Bartoli's  lamps,4  and  displays  a  Triton  blowing 
the  Buccina,  and  holding  a  rudder  over  his  shoul- 
der in  his  left  hand.  The  first  figure  in  the  same 
woodcut  is  from  a  cameo  in  the  Stosch  collection.  It 
represents  a  rudder  with  its  helm  or  tiller  (vid.  Ansa, 
Clavus)  crossed  by  the  cornucopia.  These  two  em 
blems  of  abundance  and  success  are  often  found  to- 
gether, especially  in  representations  of  Fortune.  In 
the  third  figure,  taken  from  another  cameo  in  the 
same  collection,  Venus  leans  with  her  left  arm  upon 
a  rudder,  which  indicates  her  origin  from  the  sea 


The  usual  position  of  the  rudder  at  the  side  of  the 
stern  is  seen  in  the  woodcuts  at  p.  58,  62,  69. 

The  gubernaculum  was  managed  by  the  gubcrna- 
tor*  (KvSepvqTiis6),  who  is  also  called  the  rector,  as 
distinguished  from  the  magister,1  and  by  the  Greek 
poets  oiaKooTpotyog  and  oianovofiocf  because  he  turns 
and  directs  the  helm.9 

1.  (Meier,  Att.  Pros.,  355.)— 2.  (Meier,  Att.  Proc,  740,  &c.J 
—3.  (H.  N.,  vii.,  57.)— 4.  (Luc.  Ant.,  i.,  5.)— 5.  (Plaut.,  Rud., 
iv.,  3,  75.— Sen.,  Epist.,  86.)-6.  (Horn.,  Od.,  iii.,  279-283.— lb., 
xii.,  217,  218.)— 7.  (Virg.,  ^En.,  v.,  161, 165.— Sen.,  Epist.,  122.> 
—8.  (jEsch.,  Prom.  Vinct.,  153,  524.— Pind.,  Isthm.,  iii.,  89-)— 
9.  (Plut.,  De  Superst.,  V.,  vi.,  p.  646,  ed.  Reiske. — Oici«ca  via- 
nQv :  JEschyl.,  Sept.  c.  Theb.,  3.) 


GYMNASIUM 


GYMNASIUM. 


A  ship  had  sometimes  one,  but  more  commonly 
two  rudders  ;l  and  they  were  distinguished  as  the 
right  and  the  left  rudder  (dextrum,  sinistrum*).  In 
the  Caspian  Sea,  where  the  old  practice  not  long 
ago  remained  in  force,  a  modern  traveller  was  nearly 
shipwrecked  because  the  rudders  were  in  the  hands 
:>f  two  pilots  who  spoke  different  languages.  To 
obviate  such  disasters  among  the  ancients,  the 
same  steersman  held  both  tillers,  if  the  boat  was 
small,  as  is  clearly  shown  in  the  representation  of 
one  on  a  lamp.3  In  larger  ships  the  extremities  of 
the  helms  were  joined  by  a  pole,  which  was  moved 
by  one  man,  and  kept  the  rudders  always  parallel. 
This  construction  is  seen  in  the  model  of  a  ship 
which  is  preserved  in  the  collection  of  Egyptian  an- 
tiquities at  Berlin,  and  which  was  discovered  in  the 
tomb  of  a  priest.  The  contrivances  for  attaching 
the  two  rudders  to  one  another,  and  to  the  sides  of 
the  ship,  are  called  frvyTiat4,  and  C,EVKTripiai.s 

Ships  constructed  with  a  double  prow  and  stern 
{vid.  AM$HIPTMNOI  NHE2)  had  two  rudders  at 
each  end.6  In  the  great  ship  built  at  Alexandrea  by 
Ptolemy  Philopator,  the  four  rudders  were  each 
thirty  cubits  in  length.7 
GUBERNA'TOK.  (Vid.  Gdbernaculum.) 
GUSTA'TIO.  (Vid.  Co3na,  p.  275.) 
GUTTUS.  (Vid.  Baths,  p.  151.) 
GYMNASIARCHES.  (Vid.  Gymnasium.) 
GYMNASION.  (Vid.  Gymnasium.) 
GYMNASIUM  (yvfivdaiov).  The  whole  educa- 
tion of  a  Greek  youth  was  divided  into  three  parts, 
grammar,  music,  and  gymnastics  (ypu/xfiara,  (jlov- 
oikti,  and  yvfivaoriKr/6),  to  which  Aristotle9  adds  a 
fourth,  the  art  of  drawing  or  painting.  Gymnastics, 
however,  were  thought  by  the  ancients  a  matter  of 
such  importance,  that  this  part  of  education  alone 
occupied  as  much  time  and  attention  as  all  the  oth- 
ers put  together ;  and  while  the  latter  necessarily 
ceased  at  a  certain  period  of  life,  gymnastics  con- 
tinued to  be  cultivated  by  persons  of  all  ages,  though 
those  of  an  advanced  age  naturally  took  lighter  and 
less  fatiguing  exercises  than  boys  and  youths.10  The 
ancients,  and  more  especially  the  Greeks,  seem  to 
have  been  thoroughly  convinced  that  the  mind  could 
not  possibly  be  in  a  healthy  state  unless  the  body 
was  likewise  in  perfect  health,  and  no  means  were 
thought,  either  by  philosophers  or  physicians,  to  be 
more  conducive  to  preserve  or  restore  bodily  health 
ihan  well-regulated  exercise.  The  word  gymnas- 
tics is  derived  from  yv/xvoe  (naked),  because  the 
persons  who  performed  their  exercises  in  public  or 
private  gymnasia  were  either  entirely  naked,  or 
merely  covered  by  the  short  xir&v}1 

The  great  partiality  of  the  Greeks  for  gymnastic 
exercises  was  productive  of  infinite  good :  they 
gave  to  the  body  that  healthy  and  beautiful  develop- 
ment by  which  the  Greeks  excelled  all  other  na- 
tions, and  which,  at  the  same  time,  imparted  to  their 
minds  that  power  and  elasticity  which  will  ever  be 
admired  in  all  their  productions.13  The  plastic  art, 
in  particular,  must  have  found  its  first  and  chief 
nourishment  in  the  gymnastic  and  athletic  perform- 
ances ;  and  it  may  be  justly  observed,  that  the  Greeks 
would  never  have  attained  their  pre-eminence  in 
sculpture  had  not  their  gymnastic  and  athletic  ex- 
hibitions made  the  artists  familiar  with  the  beauti- 
ful forms  of  the  human  body  and  its  various  atti- 
tudes.    Respecting  the  advantages  of  gymnastics 


1.  (^lian,  V.  H.,  ix.,  40.— Heliod.,  JEthiop.,  v.,  p.  241,  ed. 
Comm- Acts,  xxvii.,  40.)— 2.  (Hygin.,  Fab.,  14.)— 3.  (Bartoli, 
iii.,  31.)  — 4.  (Eurip.,  Hel.,  1556.)  — 5.  (Acts,  xxvii..  40.)  — 6. 
(Tacit.,  Ann.,  ii.,  6.)— 7.  (Athen.,  v.,  37.)— 8.  (Plato,  Theag-.,  p. 
122.— Plut.,  De  Audit.,  c.  17.— Clitoph.,  p.  497.)— 9.  (De  Rep., 
vni.,  3.) — 10.  (Xen.,  Sympos.,  i.,  7.— Lacian,  Lexiph.,  5.)— 11. 
(See  the  authorities  in  Wachsmuth,  Hellen.  Alterth.,  ii..  2,  p. 
33,  and  Becker's  Charikles,  i.,  p.  3JS.  <kc.)— 12.  (I.ucian,  De 
Gvmnast.,  15.) 


in  a  medical  point  of  view,  some  remarks  are  made 
at  the  end  of  this  article.  But  we  must,  at  the  samt 
time,  confess,  that  at  a  later  period  of  Greek  histo- 
ry, when  the  gymnasia  had  become  places  of  resort 
for  idle  loungers,  their  evil  effects  were  no  less  stri- 
king. The  chief  objects  for  which  they  had  origi- 
nally been  instituted  were  gradually  lost  sight  of, 
and  instead  of  being  places  of  education  and  train- 
ing, they  became  mere  places  of  amusement. 

Gymnastics,  in  the  widest  sense  of  the  word, 
comprehended  also  the  agonistic  and  athletic  arts 
(uyavioTLKT]  and  u^tjtcktj),  that  is,  the  art  of  those 
who  contended  for  the  prizes  at  the  great  public 
games  in  Greece,  and  of  those  who  made  gymnas- 
tic performances  their  profession.  ( Vid.  Athletes 
and  Agonothetai.)  Both  originated  in  the  gymna- 
sia, in  as  far  as  the  athletae,  as  well  as  the  agonis- 
tae,  were  originally  trained  in  them.  The  athletae, 
however,  afterward  formed  a  distinct  class  of  per- 
sons unconnected  with  the  gymnasia  ;  while  the 
gymnasia,  at  the  time  when  they  had  degenerated, 
were  in  reality  little  more  than  agonistic  schools, 
attended  by  numbers  of  spectators.  On  certain 
occasions,  the  most  distinguished  pupils  of  the  gym- 
nasia were  selected  for  the  exhibition  of  public  con- 
tests (vid.  Lamfadophoria),  so  that,  on  the  whole, 
there  was  always  a  closer  connexion  between  the 
gymnastic  and  agonistic  than  between  the  gymnas- 
tic and  athletic  arts.  In  a  narrower  sense,  however, 
the  gymnasia  had,  with  very  few  exceptions,  nothing 
to  do  with  the  public  contests,  and  were  places  of 
exercise  for  the  purpose  of  strengthening  and  im- 
proving the  body,  or,  in  other  words,  places  for 
physical  education  and  training  ;  and  it  is  chiefly  in 
this  point  of  view  that  we  shall  consider  them  in 
this  article. 

Gymnastic  exercises  among  the  Greeks  seem  to 
have  been  as  old  as  the  Greek  nation  itself,  as  may 
be  inferred  from  the  fact  that  gymnastic  contests 
are  mentioned  in  many  of  the  earliest  legends  of 
Grecian  story ;  but  they  were,  as  might  be  sup- 
posed, of  a  rude  and  mostly  of  a  warlike  character. 
They  were  generally  held  in  the  open  air,  and  in 
plains  near  a  river,  which  afforded  an  opportunity 
for  swimming  and  bathing.  The  Attic  legends,  in- 
deed, referred  the  regulation  of  gymnastics  to  The- 
seus j1  but,  according  to  Galen,  it  seems  to  have 
been  about  the  time  of  Cleisthenes  that  gymnastics 
were  reduced  to  a  regular  and  complete  system. 
Great  progress,  however,  must  have  been  made  as 
early  as  the  time  of  Solon,  as  appears  from  some 
of  his  laws  which  are  mentioned  below.  It  was 
about  the  same  period  that  the  Greek  towns  began 
to  build  their  regular  gymnasia  as  places  of  exercise 
for  the  young,  with  baths,  and  other  conveniences 
for  philosophers  and  all  persons  who  sought  intel- 
lectual amusements.  There  was  probably  no  Greek 
town  of  any  importance  which  did  not  possess  its 
gymnasium.  In  many  places,  such  as  Ephesus, 
Hierapolis,  and  Alexandrea  in  Troas,  the  remains 
of  the  ancient  gymnasia  have  been  discovered  in 
modern  times.  Athens  alone  possessed  three  great 
gymnasia,  the  Lyceum  (Avueiov),  Cynosarges  (Ku- 
voadpyqc),  and  the  Academia  (' knadrifiLa) ;  to  which, 
in  later  times,  several  smaller  ones  were  added. 
All  buildings  of  this  kind  were,  on  the  whole,  built 
on  the  same  plan,  though  from  the  remains,  as  well 
as  from  the  descriptions  still  extant,  we  must  infer 
that  there  were  many  differences  in  their  detail. 
The  most  complete  description  of  a  gymnasium 
which  we  possess  is  that  given  by  Vitruvius,2  which, 
however,  is  very  obscure,  and  at  the  same  time  de- 
fective, in  as  far  as  many  parts  which  seem  to  have 
been  essential  to  a  gymnasium  are  not  mentioned 
in  it.     Among  the  numerous  plans  which  have  been 


1.  (Pau«.,  i.,  39,  v3.)— 2. 


(v.,  11.) 
48 1 


OYMNAfct  JM. 


GYMNASIUM. 


drawn,  according  to  the  description  of  Vitruvius, 
that  of  W.  Newton,  in  his  translation  of  Vitruvius, 
vol.  i.,  fig.  52,  deserves  the  preference.  The  follow- 
ing  woodcut  is  a  copy  of  it,  with  a  few  alterations. 


Wo1 
ft_ft  <?!> 
£„«.  ft.  ft_ 

AW 


^Q_^,^  ... 
C   ft.  O  <2- 


"tr<L  «_■< 


Mm  I f-t 1 — i p-t r 

— rti — ii  iL__j — l. -li  j. 4 


IrnrT1 — p"t — i      i-  i — 


»h 


R» 


L. 


I 
-1 
JL_J I 


The  peristylia  (D)  in  a  gymnasium,  which  Vitru- 
vius incorrectly  calls  palaestra,  are  placed  in  the 
form  of  a  square  or  oblong,  and  have  two  stadia 
(1200  feet)  in  circumference.    They  consist  of  four 
porticoes.     In  three  of  them  (A  B  C),  spacious  exe- 
drae,  with  seats,  were  erected,  in  which  philosophers, 
rhetoricians,  and  others,  who  delighted  in  intellect- 
ual conversation,  might  assemble.     A  fourth  portico 
(E),  towards  the  south,  was  double,  so  that  the 
interior  walk  was  not  exposed  to  bad  weather. 
The  double  portico  contained  the  following  apart- 
ments :   The  Ephebeum  (F),  a  spacious  hall  with 
seats,  is  in  the  middle,  and  by  one  third  longer  than 
broad.     On  the  right  is  the  Coryceum  (G),  perhaps 
the  same  room  which  in  other  cases  was  called 
Apodyterium ;  then  came  the  Conisterium  (H),  ad- 
joining ;   and  next  to  the  Conisterium,  in  the  re- 
turns of  the  portico,  is  the  cold  bath,  lovrpov  (I). 
On  the  left  of  the  Ephebeum  is  the  Elaeothesium, 
where  persons  were  anointed  by  the  aliptae  (K). 
Adjoining  the  Elaeothesium  is  the  Frigidarium  (L), 
the  object  of  which  is  unknown.     From  thence  is 
the  entrance  to  the  Propnigeum  (M),  on  the  returns 
of  the  portico ;  near  which,  but  more  inward,  be- 
hind the  place  of  the  frigidarium,  is  the  vaulted 
sudatory  (N),  in  length  twice  its  breadth,  which  has 
on  the  returns  the  Laconicum  (0)  on  one  side,  and 
opposite  the  Laconicum,  the  hot  bath  (P).     On  the 
outside  three  porticoes  are  built :  one  (Q)  in  pass- 
ing out  from  the  peristyle,  and  on  the  right  and  left 
the  two  stadial  porticoes  (R  S),  of  which  the  one 
(S)  that  faces  the  north  is  made  double  and  of  great 
breadth,  the  other  (R)  is  single,  and  so  designed 
that  in  the  parts  which  encircle  the  walls,  and  which 
adjoin  to  the  columns,  there  may  be  margins  for 
paths  not  less  than  ten  feet ;  and  the  middle  is  so 
excavated  that  there  may  be  two  steps,  a  foot  and 
a  half  in  descent,  to  go  from  the  margin  to  the  plane 
(R),  which  plane  should  not  be  less  in  breadth  than 
12  feet ;  by  this  means,  those  who  walk  about  the 
margins  in  their  apparel  will  not  be  annoyed  by 
those  who  are  exercising  themselves.    This  portico 
is  called  by  the  Greeks  I-votos,  because  in  the  winter 
eeason  the  athletae  exercised  themselves  in  these 
covered  stadia.    The  Zvoroq  had  groves  or  planta- 
tions between  the  two  porticoes,  and  walks  between 
the  trees,  with  seats  of  signine  work.    Adjoining  to 
482 


the  %votoq  (R)  and  double  portico  (S)  are  the  un 
covered  walks  (U),  which  in  Greek  are  called  ira- 
padpofiideg,  to  which  the  athletae,  in  fair  weather, 
go  from  the  winter-xystus  to  exercise.  Beyond  the 
xystus  is  the  stadium  (W),  so  large  that  a  multitude 
of  people  may  have  sufficient  room  to  behold  the 
contests  of  the  athletae. 

It  is  generally  believed  that  Vitruvius,  in  this 
description  of  his  gymnasium,  took  that  of  Naples 
as  his  model;  but  two  important  parts  of  other 
Greek  gymnasia,  the  apodyterium  and  the  sphaeris- 
terkim,  are  not  mentioned  by  him.  The  Greeks 
bestowed  great  care  upon  the  outward  and  inward 
splendour  of  their  gymnasia,  and  adorned  them  with 
the  statues  of  gods,  heroes,  victors  in  the  public 
games,  and  of  eminent  men  of  every  class.  Hermes 
was  the  tutelary  deity  of  the  gymnasia,  and  hia 
statue  was  consequently  seen  in  most  of  them. 

The  earliest  regulations  which  we  possess  con 
cerning  the  gymnasia  are  in  the  laws  of  Solon. 
One  of  these  laws  forbade  all  adults  to  enter  a 
gymnasium  during  the  time  that  boys  were  taking 
their  exercises,  and  at  the  festival  of  the  Hermaea. 
The  gymnasia  were,  according  to  the  same  law,  not 
allowed  to  be  opened  before  sunrise,  and  were  to  be 
shut  at  sunset.1    Another  law  of  Solon  excluded 
slaves  from  gymnastic  exercises.2    Boys  who  were 
children  of  an  Athenian  citizen  and  a  foreign  mother 
(vodoi),  were  not  admitted  to  any  other  gymnasium 
but  the  Cynosarges.3     Some  of  the  laws  of  Solon, 
relating  to  the  management  and  the  superintendence 
of  the  gymnasia,  show  that  he  was  aware  of  the 
evil  consequences  which  these  institutions  might 
produce,  unless  they  were  regulated  by  the  strictest 
rules.     As  we,  however,  find  that  adults  also  fre- 
quented the  gymnasia,  we  must  suppose  that,  at 
least  as  long  as  the  laws  of  Solon  were  in  force,  the 
gymnasia  were  divided  into  different  parts  for  per- 
sons of  different  ages,  or  that  persons  of  different 
ages  took  their  exercises  at  different  times  of  the 
day.*    The  education  of  boys  up  to  the  age  of  six- 
teen was  divided  into  the  three  parts  mentioned 
above,  so  that  gymnastics  formed  only  one  depart- 
ment ;  but  during  the  period  from  their  sixteenth  to 
their  eighteenth  year,  the  instruction  in  grammar 
and  music  seems  to  have  ceased,  and  gymnastics 
were  exclusively  pursued.     In  the  time  of  Plato  the 
salutary  regulations  of  Solon  appear  to  have  been 
no  longer  observed,  and  we  find  persons  .of  all  ages 
visiting  the  gymnasia.5     Athens  now  possessed  a 
number  of  smaller  gymnasia,  which  are  sometimes 
called  palaestrae,  in  which  persons  of  all  ages  used 
to  assemble,  and  in  which  even  the  Hermaea  were 
celebrated  by  the  boys,  while  formerly  this  solem- 
nity had  only  been  kept  in  the  great  gymnasia,  and 
to  the  exclusion  of  all  adults.6    These  changes,  and 
the  laxitude  in  the  superintendence  of  these  public 
places,  caused  the  gymnasia  to  differ  very  little 
from  the  schools  of  the  athletae  ;  and  it  is,  perhaps, 
partly  owing  to  this  circumstance  that  writers  of 
this  and  subsequent  times  use  the  words  gymnasi 
um  and  palaestra  indiscriminately.7 

Married  as  well  as  unmarried  women  were,  at 
Athens  and  in  all  the  Ionian  states,  excluded  from 
the  gymnasia  ;  but  at  Sparta,  and  in  some  other 
Doric  states,  maidens,  dressed  in  the  short  xi™v\ 
were  not  only  admitted  as  spectators,  but  also  took 
part  in  the  exercises  of  the  youths.  Married  women, 
however,  did  not  frequent  the  gymnasia.8 

Respecting  the  superintendence  and  administra- 
tion of  the  gymnasia  at  Athens,  we  know  that  Solon 


1.  (JSschin.,  c.  Timarch.,  p.  38.)— 2.  (iEschin.,  c.  Timarch., 
p.  147.— Plut.,  Solon,  1.— Demosth.,  c.  Timoor.,  p.  736.)— 3. 
(Plut.,  Them.,  1.)— 4.  (Bockh,  Corp.  Inscrip.,  n.  246  and  2214.) 
— 5.  (Plat.,  De  Rep.,  v.,  p.  452.— Xen.,  Sympos.,  ii.,  18.)— 6. 
(Plat.,  Lys.,  p.  206.)— 7.  (Becker,  Charikles,  L,  p.  341.)— 8 
(Plat.,  DeLeg.,  vii.,  p.  806.) 


GYMNASIUM. 


GYMPUSIbM. 


in  his  legislation  thought  them  worthy  of  great  at- 
tention ;  and  the  transgression  of  some  of  his  laws 
relating  to  the  gymnasia  was  punished  with  death. 
His  laws  mention  a  magistrate,  called  the  gymnasi- 
arch  (yv/j.vaaiapxor  or  yvpvactdpxv?),  who  was  in- 
trusted with  the  whole  management  of  the  gymnasia, 
and  with  everything  connected  therewith.  His 
office  was  one  of  the  regular  liturgies,  like  the  cho- 
regia  and  trierarchy,1  and  was  attended  with  con- 
siderable expense.  He  had  to  maintain  and  pay 
the  persons  who  were  preparing  themselves  for  the 
games  and  contests  in  the  public  festivals,  to  pro- 
vide them  with  oil,  and  perhaps  with  the  wrestlers' 
dust.  It  also  devolved  upon  him  to  adorn  the  gym- 
nasium, or  the  place  where  the  agones  took  place. a 
The  gymnasiarch  was  a  real  magistrate,  and  in- 
vested with  a  kind  of  jurisdiction  over  all  those 
who  frequented  or  were  connected  with  the  gym- 
nasia ;  and  his  power  seems  even  to  have  extended 
beyond  the  gymnasia,  for  Plutarch3  states  that  he 
watched  and  controlled  the  conduct  of  the  ephebi 
in  general.  He  had  also  the  power  to  remove  from 
the  gymnasia  teachers,  philosophers,  and  sophists, 
whenever  he  conceived  that  they  exercised  an  in- 
jurious influence  upon  the  young.*  Another  part 
of  his  duties  was  to  conduct  the  solemn  games  at 
certain  great  festivals,  especially  the  torch-race 
{Aap-adrj^opla),  for  which  he  selected  the  most  dis- 
tinguished among  the  ephebi  of  the  gymnasia.  The 
number  of  gymnasiarchs  was,  according  to  Libani- 
us  on  Demosthenes,5  ten,  one  from  every  tribe.6 
They  seem  to  have  undertaken  their  official  duties 
in  turns,  but  in  what  manner  is  unknown.  Among 
the  external  distinctions  of  a  gymnasiarch  were  a 
purple  cloak  and  white  shoes.7  In  early  times  the 
office  of  gymnasiarch  lasted  for  a  year,  but  under 
the  Roman  emperors  we  find  that  sometimes  they 
held  it  only  for  a  month,  so  that  there  were  12  or 
13  gymnasiarchs  in  one  year.8  This  office  seems 
to  have  been  considered  so  great  an  honour,  that 
even  Roman  generals  and  emperors  were  ambitious 
to  hold  it.  Other  Geeek  towns  had,  like  Athens, 
their  own  gymnasiarchs,  but  we  do  not  know  wheth- 
er, or  to  what  extent,  their  duties  differed  from  the 
Athenian  gymnasiarch.  In  Cyrene  the  office  was 
sometimes  held  by  women. 

Another  office  which  was  formerly  believed  to  be 
connected  with  the  superintendence  of  the  gymna- 
sia is  that  of  xystarchus  (^vcrrdpxog).  But  it  is  not 
mentioned  previous  to  the  time  of  the  Roman  em- 
perors, and  then  only  in  Italy  and  Crete.  Krause9 
has  shown  that  this  office  had  nothing  to  do  with 
the  gymnasia  properly  so  called,  but  was  only  con- 
nected with  the  schools  of  the  athletae. 

An  office  which  is  likewise  not  mentioned  before 
the  time  of  the  Roman  emperors,  but  was,  never- 
theless, decidedly  connected  with  the  gymnasia,  is 
that  of  Cosmetes.  He  had  to  arrange  certain 
games,  to  register  the  names,  and  keep  the  lists  of 
the  ephebi,  and  to  maintain  order  and  discipline 
among  them.  He  was  assisted  by  an  anticosmetes 
2nd  two  hyposcosmetae.10 

An  office  of  very  great  importance,  in  an  educa- 
tional point  of  view,  was  that  of  the  sophronistae 
((judpoviarai).  Their  province  was  to  inspire  the 
youths  with  a  love  of  ccj<f>poovvr},  and  to  protect 
this  virtue  against  all  injurious  influences.  In  ear- 
ly times  their  number  at  Athens  was  ten,  one  from 
every  tribe,  with  a  salary  of  one  drachma  per  day.11 
Their  duty  not  only  required  them  to  be  present  at 
all  the  games  of  the  ephebi,  but  to  watch  and  correct 


1.  (Ieau*,  De  Philoctem.  hsred.,  p.  154.)— 2.  (Xen.,  De  Rep. 
Ath.,  i.,  13.)— 3.  (Amator.,  c.  9,  &c.) — 4.  (^Eschin.,  c.  Timarch.) 
—5.  (c.  Meid.,  p.  510.)— 6.  (Compare  Demosth.,  c.  Philip.,  p. 
50;  c.  Boeot.,  p.  996.— Isa-.us,  De  Menecl.,  c.  42.)— 7.  (Plut., 
Anton.,  33.)— 8,  (Krause,  Theagenes,  i.,  p.  218.)— 9.  (lb.,  p. 
222.)  -10.  (Krause,  ib.,  p.  228,  «fcc.)— 11.  (Etymol.  Mag.,  s.  v.) 


their  conduct  wherever  they  might  meet  them,  both 
within  and  without  the  gymnasium.  At  the  time 
of  the  Emperor  Marcus  Aurelius,  only  six  sophro- 
nistae, assisted  by  as  many  hyposophronistae,  arc 
mentioned.1 

The  instructions  in  the  gymnasia  were  given  by 
the  gymnastee  (yvpvaaral)  and  the  paedotribae  (ircu 
dorpidai) ;  at  a  later  period  hypopaedotribae  were  ad- 
ded. The  paedotribes  was  required  to  possess  a 
knowledge  of  all  the  various  exercises  which  were 
performed  in  the  gymnasia ;  the  gymnastes  was 
the  practical  teacher,  and  was  expected  to  know  the 
physiological  effects  and  influences  on  the  constitu- 
tion of  the  youths,  and  therefore  assigned  to  each  of 
them  those  exercises  which  he  thought  most  suita- 
ble.3 These  teachers  weie  usually  athletae  who  had 
left  their  profession,  or  could  not  succeed  in  it.3 

The  anointing  of  the  bodies  of  the  youths,  and 
strewing  them  with  dust,  before  they  commenced 
their  exercises,  as  well  as  the  regulation  of  their 
diet,  was  the  duty  of  the  aliptae.  (Vid.  Aliptme.) 
These  men  sometimes  also  acted  as  surgeons  or 
teachers.*  Galen5  mentions,  among  the  gymnastic 
teachers,  a  afyaipioTiKoq,  or  teacher  of  the  various 
games  at  ball ;  and  it  is  not  improbable  that  in  some 
cases  particular  games  may  have  been  taught  by 
separate  persons. 

The  games  and  exercises  which  were  performed 
in  the  gymnasia  seem,  on  the  whole,  to  have  been 
the  same  throughout  Greece.  Among  the  Dorians, 
however,  they  were  regarded  chiefly  as  institutions 
for  hardening  the  body  and  for  military  training , 
among  the  Ionians,  and  especially  the  Athenians, 
they  had  an  additional  and  higher  object,  namely, 
to  give  to  the  body  and  its  movements  grace  and 
beauty,  and  to  make  it  the  basis  of  a  healthy  and 
sound  mind.  But  among  all  the  different  tribes  of 
the  Greeks,  the  exercises  which  were  carried  on  in 
a  Greek  gymnasium  were  either  mere  games,  or 
the  more  important  exercises  which  the  gymnasia 
had  in  common  with  the  public  agones  in  the  great 
festivals. 

Among  the  former  we  may  mention,  1.  The  ball 
{ofyaipioLg,  a<paipo/j.axia,  &c.),  which  was  in  univer- 
sal favour  with  the  Greeks,  and  was  here,  as  at 
Rome,  played  in  a  variety  of  ways,  as  appears  from 
the  words  uiroppat-tc;,  kitianvpog,  (jxzivivda  or  dpwaa- 
tov,  &c.6  Every  gymnasium  contained  one  large 
room  for  the  purpose  of  playing  at  ball  in  it  (~(j>at- 
piGrfipiov).  2.  Ilai&tv  eAKvarivda,  dieAKVGTcvda,  or 
6lu.  ypapprjg,  was  a  game  in  which  one  boy,  holding 
one  end  of  a  rope,  tried  to  pull  the  boy  who  held 
its  other  end  across  a  line  marked  between  them 
on  the  ground.  3.  The  top  (/Sfytfo^,  i3ifi6t^y  (ioptoq, 
crp66L?iog),  which  was  as  common  an  amusement 
with  Greek  boys  as  in  our  own  days.  4.  The 
TrevT&Tiidoc,  which  was  a  game  with  five  stones, 
which  were  thrown  up  from  the  upper  part  of  the 
hand  and  caught  in  the  palm.  5.  'ZKanipda,  which 
was  a  game  in  which  a  rope  was  drawn  through  the 
upper  part  of  a  tree  or  a  post.  Two  boys,  one  on 
each  side  of  the  post,  turning  their  backs  towards 
one  another,  took  hold  of  the  ends  of  the  rope  and 
tried  to  pull  each  other  up.  This  sport  was  also 
one  of  the  amusements  at  the  Attic  Dionysia.7 
These  few  games  will  suffice  to  show  the  character 
of  the  gymnastic  sports. 

The  more  important  games,  such  as  running  (dpo- 
fioc),  throwing  of  the  dioicog  and  the  ukcjv,  jumping 
and  leaping  (uApa,  with  and  without  dAr?/pec)>  wrest 
ling  (~d?.7]),  boxing  {~vyp.fi),  the  pancratium  (Tray/cpa 

1.  (Krause,  ib.,  p.  231,  &c.)— 2.  (Galen,  De  Valet,  tuend.,  ii., 
9, 11.— Arist.,  Polit.  Antiq.,  viii.,  3,  2.)— 3.  (^Elian,  V.  H.,  ii.,  6. 
— Galen,  1.  c— Id., ii.,  3.  &c.)— 4.  (Plut.,  Dion.,  c.  1.)— 5.  (I.e.— 
Id.,  ii.,  1 1.)— 6.  (Plat.,  De  Leg.,  vii.,  p.  797.— Compare  Gronov.  ad 
Plaut.,  Curcul.,ii.,  3,  17,  and  Becker,  Gallus,  i.,  270.)— 7.  (H»- 

BTCh.,  S.  V.) 

4S^ 


GYMNASIUM. 


GYMNASIUM. 


rtov),  KevTaQ'koe,  lafX7radrj(f>opia,  dancing  (bpxf/aig), 
&c,  are  described  in  separate  articles. 

A  gymnasium  was,  as  Vitruvius  observes,  not  a 
Roman  institution,  and  Dionysius  of  Halicarnassus1 
expressly  states  that  the  whole  ayuviariKT}  of  the 
Romans,  though  it  was  practised  at  an  early  period 
in  the  Ludi  Maximi,  was  introduced  among  the  Ro- 
mans from  Greece.  Their  attention,  however,  to 
developing  and  strengthening  the  body  by  exercises 
was  considerable,  though  only  for  military  purposes. 
The  regular  training  of  boys  in  the  Greek  gymnas- 
tics was  foreign  to  Roman  manners,  and  even  held 
in  contempt.2  Towards  the  end  of  the  Republic, 
many  wealthy  Romans,  who  had  acquired  a  taste 
for  Greek  manners,  used  to  attach  to  their  villas 
small  places  for  bodily  exercise,  sometimes  called 
gymnasia,  sometimes  palaestrae,  and  to  adorn  them 
with  beautiful  works  of  art.3  The  Emperor  Nero 
was  the  first  who  built  a  public  gymnasium  at 
Rome  ;*  another  was  erected,  by  Commodus.5  But, 
although  these  institutions  were  intended  to  intro- 
duce Greek  gymnastics  among  the  Romans,  yet 
they  never  gained  any  great  importance,  as  the 
magnificent  thermae,  amphitheatres,  and  other  colos- 
sal buildings  had  always  greater  charms  for  the  Ro- 
mans than  the  gymnasia. 

For  a  fuller  account  of  this  important  subject, 
which  has  been  necessarily  treated  with  brevity  in 
this  article,  the  reader  is  referred  to  Hieronymus 
Mercurialis,  De  Arte  Gymnastica,  Libri  vi.,  1st  ed., 
Venice,  1573,  4th  ibid.,  1601.— Burette,  Histoire  des 
Athletes,  in  the  Mem.  de  l'Acad.  des  Inscript.,  i.,  3. 
—  J.  H.  Krause,  Theagenes,  oder  wissenschaftliche 
Darstellung  der  Gymnastik,  Agonistik,und  Festspiele 
der  Hcllenen,  Halle,  1835, — G.  Lobker,  Die  Gymnas- 
tik der  Hellenen,  Miinster,  1835 — Wachsmuth,  Hel- 
len.  Alterth.,  ii.,  2,  p.  51-64. — Muller,  Dor.,  iv.,  5,  § 
4,  &c. — Becker,  Gallus,  i.,  p.  270,  &c. —  Charikles, 
I,  p.  309-345.  The  various  histories  of  the  educa- 
tion among  the  ancients,  such  as  those  of  Hoch- 
heimer,  Sctwarz,  Cramer,  and  others,  likewise  con- 
tain much  useful  information  on  the  subject. 

The  Relation  of  Gymnastics  to  the  Medical  Art. — 
The  games  of  the  Greeks  had  an  immediate  influ- 
ence upon  the  art  of  healing,  because  they  consid- 
ered gymnastics  to  be  almost  as  necessary  for  the 
preservation  of  health  as  medicine  is  for  the  cure 
of  diseases.6  It  was  for  this  reason  that  the  gym- 
nasia were  dedicated  to  Apollo,  the  god  of  physi- 
cians.7 The  directors  of  these  establishments,  as 
well  as  the  persons  employed  under  their  orders, 
the  bathers  or  aliptae,  passed  for  physicians,  and 
were  called  so,  on  account  of  the  skill  which  long 
experience  had  given  them.  The  directors,  called 
TralaioTpofyvlaKec,  regulated  the  diet  of  the  young 
men  brought  up  in  the  gymnasia  ;  the  sub-directors, 
or  Gymnasta,  prescribed  for  their  diseases  ;8  and 
the  inferiors  or  bathers,  aliptae,  intraliptae,  practised 
blood-letting,  administered  clysters,  and  dressed 
wounds,  ulcers,  and  fractures.9  Two  of  these  di- 
rectors, Iccus  of  Tarentum  and  Herodicus  of  Se- 
lymbria,  a  town  of  Thrace,  deserve  particular  no- 
tice for  having  contributed  to  unite  more  closely 
medicine  and  gymnastics.  Iccus,  who  appears  to 
have  lived  before  Herodicus  (Olymp.  lxxvii.10),  gave 
his  chief  attention  to  correcting  the  diet  of  the  wrest- 
lers, and  to  accustoming  them  to  greater  modera- 
tion and  abstemiousness,  of  which  virtues  he  was 

1.  (Ant.  Rom.,  vii.,  70-72.)— 2.  (Plut.,  Quaest.  Rom.,  40.)— 3. 
(Cic.  ad  Att.,  i.,  4.— Id.,  c.  Verr.,  iii.,  5.)— 4.  (Sueton.,  Ner., 
12.)— 5.  (Herod.,  i.,  12, 4.) — 6.  (Hippocrates, "  De  Locisin  Hom- 
ine,"  torn,  ii.,  p.  138,  ed.  Kiihn. — Timseus  Locrensis,  "  De  Anima 
Mundi,"  p.  564,  in  Gale's  Opusc.  Mythol.) — 7.  (Plut.,  Symp., 
viii.,  4,  $  4.)— 8.  (Plat.,  De  Leg.,  xi.,  p.  916.)— 9.  (Plat.,  De 
Leg.,  iv., p.  720. — Celsus,  De  Medic,  i.,  1. — Plin.,  H.N.,  xxix., 
2.)— 10.  (Steph.  Byz.,  s.  v.  Tapds,  p.  693.— Compare  Paus.,  vi., 
10,  2.) 

484 


himse.T  a  perfect  model.1    Plato  considers  him,  a* 
well  as  Herodicus,  to  have  been  one  of  the  inven- 
tors of  medical  gymnastics.3     Herodicus,  who  is 
sometimes  called  Prodicus,3  lived  at  Athens  a  short 
time  before  the  Peloponnesian  war.     Plato  says 
that  he  was  not  only  a  sophist,*  but  also  a  master  of 
the  gymnasium5  and  physician,6  and,  in  fact,  he  uni- 
ted  in  his  own  person  these  three  qualities.     Hp 
was  troubled,  says  the  same  author,  with  very  weak 
health,  and  tried  if  gymnastic  exercises  would  not 
help  to  improve  it ;  and  having  perfectly  succeeded, 
he  imparted  his  method  to  others.     Before  him 
medical  dietetics  had  been  entirely  neglected,  espe- 
cially by  the  Asclepiadae.7    If  Plato's  account  may 
be  taken  literally,8  he  much  abused  the  exercise  of 
gymnastics,  as  he  recommended  his  patients  tc 
walk  from  Athens  to  Megara,  and  to  return  as  soor 
as  they  had  reached  the  walls  of  the  latter  town 
The  distance  from  Athens  to  Megara  was  210  sta- 
dia, as  we  learn  from  Procopius.9    Dio  Chrysos- 
tom  calls  it  a  day's  journey.10    Modern  travellers 
reckon   eight  hours.11      The  author  of  the  sixth 
book  De  Morb.  Vulgar.12  agrees  with  Plato  :  "  He- 
rodicus," says  he,  "caused  people  attacked  with 
fever  to  die,  from  walking  and  too  hard  exercise, 
and  many  of  his  patients  suffered  much  from  dry 
rubbing."    A  short  time  after  we  find,  says  Fuller,13 
that  Hippocrates,1*  with  some  sort  of  glory,  assumes 
to  himself  the  honour  of  bringing  that  method  to  a 
perfection,  so  as  to  be  able  to  distinguish  TroTspovrb 
gitLov  Kpareei  tovc  novovc,  rj  ol  ttovol  ra  aria,  r)  fier- 
plcoc  exet  npbc  aXhrfka,  as  he  expresses  it.     Pursu- 
ant to  this,  we  find  him  in  several  places  of  his 
works  recommending  several   sorts  of  exercises 
upon  proper  occasions  ;  as,  first,  friction  or  chafing, 
the  effects  of  which  he  explains,15  and  tells  us  that, 
as  in  some  cases  it  will  bring  down  the  bloatedness 
of  the  solid  parts,  in  others  it  will  incarn  and  cause 
an  increase  of  flesh,  and  make  the  part  thrive.    He 
advises16  walking,  of  which  they  had  twro  sorts, 
their  round  and  straight  courses.      He  gives  his 
opinion'*7  of  the  'Avanivn/iaTa,  or  preparatory  exer- 
cises, which  served  to  warm  and  fit  the  wrestlers 
for  the  more  vehement  ones.      In  some  cases  he 
advises  the  TiaXfj,  or  common  wrestling,18  and  the 
'kKpoxeipiri,  or  wrestling  by  the  hands  only,  without 
coming  close,  and  also  the  KupvKOfxaxiv,  or  the  ex- 
ercise of  the  Corycus,  or  the  hanging  ball  ;19  the 
Xeipovo/j.171,  a  sort  of  dexterous  and  regular  motion 
of  the  hands  and  upper  parts  of  the  body,  something 
after  a  military  manner ;  the  'Aliv6r]aic,  or  rolling  in 
sand  ;  and  once20  we  find  mentioned,  with  some  ap- 
probation, the  'Hireipoi  "Itcttol,  Equi  Indefiniti,  by 
which  is  probably  meant  galloping  long  courses 
in  the  open  field. 

As  for  Galen,  he  follows  Hippocrates  in  this  as 
closely  as  in  other  things,  and  declares  his  opinion 
of  the  benefit  of  exercises  in  several  places  ;  his 
second  book,  "  De  Sanitate  Tuenda,"  is  wholly  upon 
the  use  of  the  strigil,  or  the  advantage  of  regular 
chafing :  he  has  written  a  little  tract,  Uepl  tov  6td 
MiKpar  lipaipac  Tv/iivaaiov,  wherein  he  recommends 
an  exercise,  by  which  the  body  and  mind  are  both 
at  the  same  time  affected.  In  his  discourse  to 
Thrasybulus,  UoTspov  'larptKr)^  7/  YvfivaariK^c  eari  rd 
'TyuLvov,  he  inveighs  against  the  athletic  and  other 

1.  (Plat.,  De  Leg.,  viii.,  p.  840.— ^Elian,  V.  H.,  xi.,  3.— Id., 
Hist.  An.,  vi.,  i.)  —2.  (Plat.,  Protag..  t)  20,  p.  316.— Lucian,  De 
Conscrib.  Hist.,  I)  35,  p.  626.)— 3.  (Plin.,  H.  N.,  xxix.,  2.)— 4. 
(Plat.,  Protag.,  1.  c.)— 5.  (Id.,  Rep.,  iii.,  p.  406.)— 6.  (Id.,  Gorg., 
$  2,  p.  448.)-  7.  (Id.,  Rep.,  iii.,  p.  406.)-8.  (Id.,  Ph-edr.,  p.  228.) 
—9.  (Bell.  Vand.,i.,  1.)— 10.  (Orat.,  vi.)— 11.  (Dodwell,  Class. 
Tour,  ii.,  p.  177. — Cramer's  Anc.  Greece,  vol.  ii.,  $  13,  p.  430.) 
12.  (Hippocr.,  Epidem.,  vi.,  c.  3,  torn,  iii.,  p.  599.) — 13.  (Medi- 
cina  Gymnastica,  &c,  Lond.,  1718, 8vo.) — 14.  (De  Vict.  Rat.,  iii., 
torn,  i.,  p.  716.)  — 15.  (De  Vict,  Rat.,  ii.,  p  701.)— 16.  (lb.,  p. 
700.)— 17.  (lb.,  p.  701.)— 18.  (Ibid.)  — 19.  (Vid.  Antyllus,  ap 
Mercur.,  De  Arte  Gymn.,  p.  123.)— 20.  (Po.,  p.  700.) 


GYMNASIUM. 


GYMNOPAIDIA. 


riolent  practices  of  the  gymnasium,  but  approves  of 
the  more  moderate  exercises  as  subservient  to  the 
ends  of  a  physician,  and,  consequently,  part  of  that 
art.  The  other  Greek  writers  express  a  similar 
opinion  ;  and  the  sense  of  most  of  them  in  this 
matter  is  collected  in  Oribasius's  "  Collecta  Medici- 
nalia."  In  those  remains  which  are  preserved  of 
the  writings  of  Antyllus,  we  read  of  some  sorts  of 
exeicises  that  are  not  mentioned  by  Galen  or  any 
former  author ;  among  the  rest,  the  Cricilasia,  as  the 
translators  by  mistake  call  it,  instead  of  Crico'elasia. 
This,  as  it  had  for  many  ages  been  disused,  Mercu- 
rialis  himself,  who  has  made  the  most  judicious  in- 
quiries into  this  subject,1  does  not  pretend  to  ex- 
plain ;  and  I  believe,  says  Freind,2  though  we  have 
the  description  of  it  set  down  in  Oribasius,3  it  will 
be  hard  to  form  any  idea  of  what  it  was. 

The  ancient  physicians  relied  much  on  exercise 
in  the  cure  of  the  dropsy,*  whereas  we  almost  to- 
tally neglect  it.5  Hippocrates6  prescribes  for  one 
that  has  a  dropsy  ra?Mi7rcJpiai,  or  fatiguing  exercises, 
and  he  makes  use  of  the  same  word  in  his  Epidem- 
ics, and  almost  always  when  he  speaks  of  the  regi- 
men of  a  dropsical  person,  implying  that,  though  it 
be  a  labour  for  such  people  to  move,  yet  they  must 
undergo  it ;  and  this  is  so  much  the  sense  of  Hip- 
pocrates, that  Spon  has  collected  it  into  one  of  the 
new  Aphorisms  which  he  has  drawn  out  of  his 
works.  Celsus  says  of  this  case,7  "  Concutiendum 
multa  gestatione  corpus  est."  The  Romans  placed 
great  reliance  upon  exercise  for  the  cure  of  dis- 
eases ;  and  Asclepiades,  who  lived  in  the  time  of 
Pompey  the  Great,  brought  this  mode  of  treatment 
into  great  request.  He  called  exercises  the  common 
aids  of  physic,  and  wrote  a  treatise  on  the  subject, 
which  is  mentioned  by  Celsus  in  his  chapter  "  De 
Frietione,"8  but  the  book  is  lost.  He  carried  these 
notions  so  far,  that  he  invented  the  Lecti  Pensiles,9  or 
hanging  beds,  that  the  sick  might  be  rocked  to  sleep ; 
which  took  so  much  at  that  time  that  they  came 
afterward  to  be  made  of  silver,  and  were  a  great 
pai-t  of  the  luxury  of  that  people  ;  he  had  so  many 
particular  ways  to  make  physic  agreeable,  and  was 
so  exquisite  in  the  invention  of  exercises  to  supply 
the  place  of  medicine,  that  perhaps  no  man  in  any 
age  ever  had  the  happiness  to  obtain  so  general  an 
applause  ;  and  Pliny10  says  by  these  means  he  made 
himself  the  delight  of  mankind.  About  his  time  the 
Roman  physicians  sent  their  consumptive  patients 
to  Alexandrea,  and  with  very  good  success,  as  we 
find  by  both  the  Plinys ;  this  was  done  partly  for  the 
change  of  air,  but  chiefly  for  the  sake  of  the  exer- 
cise by  the  motion  of  the  ship  ;  and  therefore  Cel- 
sus says,11  "  Si  vera  Phthisis  est,  opus  est  longa  nav- 
igatione  ;"  and  a  little  after  he  makes  Vehiculum 
and  Navis  to  be  two  of  the  chief  remedies.  As  for 
the  other  more  common  exercises,  they  were  daily 
practised,  as  is  manifest  from  Celsus,  Caelius,  Au- 
relianus,  Theodorus  Priscianus,  and  the  rest  of  the 
Latin  physicians.  And  we  do  not  want  instances 
of  cures  wrought  by  these  means.  Suetonius13  tells 
us  that  Germanicus  was  cured  of  a  "  crurum  gra- 
cilitas,"  as  he  expresses  it  (by  which  he  probably 
moans  an  atrophy),  by  riding  ;  and  Plutarch,  in  his 
life  of  Cicero,  gives  us  an  account  of  his  weakness, 
and  that  he  recovered  his  health  by  travelling,  and 
excessive  diligence  in  rubbing  and  chafing  his  body.13 
Pliny1*  tells  us  that  Annaeus  Gallio,  who  had  been 
consul,  wras  cured  of  a  consumption  by  a  sea  voy- 

1.  (De  Arte  Gymnustica,  4to,  Atnstel.,  1672.)— 2.  (Hist,  of 
Physic,  vol.  i.)— 3.  (Coll.  Medic,  vi.,  26.)— 4.  (Compare  Hor., 
Sp:st.,  I.,  ii.,34:  "  Si  noles  sanus,curres  hydropicus.") — 5.  (Al- 
exander TraUianus,  De  Medic,  ix.,  3,  p.  524,  ed.  Basil.)— 6.  (De 
Inteniis  Affect.,  eect.  28,  torn,  ii.,  p.  518.)  —7.  (De  Medic,  iii., 
21,  p.  152,  ed.  Argent.)-8.  (De  Medic,  ii.,  14,  p.  82.)— 9.  (Plin., 
II.  N.,  xxvi.,  8.)  —  10.  (Ibid.,  c  7.)  —  11  (De  Medic,  iii.,  22,  p. 
156.)— 12.  (Call?.,  <.  3.)— 13.  (Compare  Cic,  Brut.,  c.  91.)— 14. 
'.H.  N.  xxxi.,  33.) 


age ;  and  Ga'.en  gives  us  such  accounts  of  tr,.e  good 
effects  of  particular  exercises,  and  they  were  prac- 
tised so  universally  by  all  classes,  that  it  cannot  be 
supposed  but  they  must  have  been  able  to  produce 
great  and  good  effects.  However,  from  an  attentive 
perusal  of  what  we  find  on  this  subject  in  the  class- 
ical authors,  the  reader  can  hardly  fail  of  being  con- 
vinced that  the  ancients  esteemed  gymnastics  too 
highly,  just  as  the  moderns  too  much  neglect  them  ; 
and  that  in  this,  as  in  many  other  matters,  both  in 
medicine  and  in  philosophy,  truth  lies  between  the 
two  extremes. 

GYMNASTAI.  (Vid.  Gymnasium,  p.  483.) 
GYMNE'SIOI  (yvfivno-iot)  or  GYMNETES  (yvp- 
vtjtec)  were  a  class  of  bond-slaves  at  Argos,  \vh& 
may  be  compared  with  the  Helots  at  Sparta.1  Their 
name  shows  that  they  attended  their  masters  on 
military  service  in  the  capacity  of  light -armed  troops. 
Miiller3  remarks  that  it  is  to  these  gymnesii  that  the 
account  of  Herodotus3  refers,  that  6000  of  the  citi- 
zens of  Argos  having  been  slain  in  battle  by  Cleom- 
enes,  king  of  Sparta,*  the  slaves  got  the  govern- 
ment into  their  own  hands,  and  retained  possession 
of  it  until  the  sons  of  those  who  had  fallen  had 
grown  to  manhood.  Afterward,  when  the  young 
citizens  had  grown  up,  the  slaves  were  compelled 
by  them  to  retire  to  Tiryns,  and  then,  after  a  long 
war,  as  it  appears,  were  either  driven  from  the  ter- 
ritory, or  again  subdued. 

GYMNOPAI'DIA  (yv/ivoTratdia),  the  festival  of 
"naked  youths,"  was  celebrated  at  Sparta  every 
year  in  honour  of  Apollo  Pythasus,  Artemis,  and 
Leto.  The  statues  of  these  deities  stood  in  a  part 
of  the  Agora  called  x°P°c>  an(i  >t  was  around  these 
statues  that,  at  the  gymnopaedia,  Spartan  youths 
performed  their  choruses  and  dances  in  honour  of 
Apollo.5  The  festival  lasted  for  several,  perhaps 
for  ten  days,  and  on  the  last  day  men  also  perform- 
ed choruses  and  dances  in  the  theatre  ;  and  during 
these  gymnastic  exhibitions  they  sang  the  songs  of 
Thaletas  and  Alcman,  and  the  paeans  of  Dionyso- 
dotus.  The  leader  of  the  chorus  {jxpoaraTnc  or  x°- 
ponococ)  wore  a  kind  of  chaplet,  called  artyavoi  &v- 
peartKoc,  in  commemoration  of  the  victory  of  the 
Spartans  at  Thyrea.  This  event  seems  to  have 
been  closely  connected  with  the  gymnopaedia,  for 
those  Spartans  who  had  fallen  on  that  occasion 
were  always  praised  in  songs  at  this  festival.6  The 
boys  in  their  dances  performed  such  rhythmical 
movements  as  resembled  the  exercises  of  the  palae- 
stra and  the  pancration,  and  also  imitated  the  wild 
gestures  of  the  worship  of  Dionysus.7  Muller8  sup- 
poses, with  great  probability,  that  the  dances  of  the 
gymnopaedia  partly  consisted  of  mimic  representa- 
tions, as  the  establishment  of  the  dances  and  mu- 
sical entertainments  at  this  festival  was  ascribed  to 
the  musicians,  at  the  head  of  whom  was  Thaletas.9 
The  whole  season  of  the  gymnopaedia,  during  which 
Sparta  was  visited  by  great  numbers  of  strangers, 
was  one  of  great  merriment  and  rejoicings,10  and  old 
bachelors  alone  seem  to  have  been  excluded  from 
the  festivities.11  The  introduction  of  the  gymnopae- 
dia, which  subsequently  became  of  such  importance 
as  an  institution  for  gymnastic  and  orchestic  per- 
formances, and  for  the  cultivation  of  the  poetic  and 
musical  arts  at  Sparta,  is  generally  assigned  to  th** 
year  665  B.C.12 

1.  (Steph.  Byz.,  s.  v.  Xtoc— Pollux,  Onom.,  iii.,  83.)— 2.  (Dor., 
iii.,  4,  <>  2.)— 3.  (vi.,  83.)— 4.  (Id.,  vii.,  148.)— 5.  (Paus.,  iii.,  11, 
(f  7.)— 6.  (Athen.,  xv.,  p.  678.— Plut.,  Agesil.,  29.— Xen.,  Hel 
len.,  vi.,  4,  l)  16. —  Hesych.,  Suid.,  Etym.  Mag.,  and  Tiitijeus, 
Glossar.,  s.  v.  YvyLVo-zaicia.) — 7.  (Athen.,  xiv.,  p.  631.) — 8.  (Hiat. 
of  Gr.  Lit.,  i.,  p.  161.)— 9.  (Plut.,  De  Mus.,  c  9.)— 10.  (Xen., 
Memor.,  i.,  2,  $  61.— Plut.,  Agesil.,  29.— Pollux,  Onom.,  iv., 
14, 104.) — 11.  (Osann,  "De  Ccelibum  apud  Veteres  populos  coo 
ditione  Commentat.,  p.  7,  &c)— 12.  (Compare  Meursius,  Orchetv- 
tra,  p.  12,  &c— Creuzer,  Commentat.  Herod  i.,  p.  230.— M«'«V 
ler.  Dor.  i'..  p.  350,  &c.) 

(06 


HABENAE. 


iialiMUS 


GYNAICON'OMOI  (jvvaucovSfioi)  or  GYNAI- 
COCO'SMOI  (-ywaiKOKoo/ioi)  were  magistrates  at 
Athens  who  superintended  the  conduct  of  Atheni- 
an women.1  We  know  little  of  the  duties  of  these 
officers,  and  even  the  time  when  they  were  institu- 
ted is  not  quite  certain.  Bockh2  has  endeavoured 
to  show  that  they  did  not  exist  until  the  time  of 
Demetrius  Phalereus,  whereas,  according  to  others, 
they  were  instituted  by  Solon,  whose  regulations 
concerning  the  female  sex  certainly  rendered  some 
special  officers  necessary  for  their  maintenance.3 
Their  name  is  also  mentioned  by  Aristotle4  as  some- 
thing which  he  supposes  to  be  well  known  to  his 
readers.  These  circumstances  induce  us  to  think 
that  the  yvfivaiKovdfioi,  as  the  superintendents  of  the 
conduct  of  women,  existed  ever  since  the  time  of 
Solon,  but  that  their  power  was  afterward  extended 
in  such  a  manner  that  they  became  a  kind  of  police 
for  the  purpose  of  preventing  any  excesses  or  inde- 
cencies, whether  committed  by  men  or  by  women. 
(See  the  Fragm.  of  Timocles  and  Menander,  ap. 
Athen.,  vi.,  p.  245,  where  a  naivbc  vo/iog  is  mention- 
ed as  the  source  from  which  they  derived  their  in- 
creased power. — Compare  Plut.,  Sol,  21,  in  Jin.) 
In  their  first  and  original  capacity,  therefore,  they 
had  to  see  that  the  regulations  concerning  the  con- 
duct of  Athenian  women  were  observed,  and  to  pun- 
ish any  transgressions  of  them  ;5  in  the  latter  ca- 
pacity they  seem  to  have  acted  as  ministers  of  the 
areiopagus,  and,  as  such,  had  to  take  care  that  de- 
cency and  moderation  were  observed  in  private  as 
well  as  in  public.  Hence  they  superintended  even 
the  meetings  of  friends  in  their  private  houses,  e.  g., 
at  weddings  and  on  other  festive  occasions.6  Meet- 
ings of  this  kind  were  not  allowed  to  consist  of  more 
than  thirty  persons,  and  the  yvvaiKovofiot  had  the 
right  to  enter  any  house  and  send  away  all  the 
guests  above  that  number  ;  and  that  they  might  be 
able,  previous  to  entering  a  house,  to  form  an  esti- 
mate of  the  number  of  persons  assembled  in  it,  the 
cooks  who  were  engaged  for  the  occasion  had  to 
give  in  their  names  to  the  ■yvvancovojioL.1  They  had 
also  to  punish  those  men  who  showed  their  effemi- 
nate character  by  frantic  or  immoderate  wailing  at 
their  own  or  other  persons'  misfortunes.8  The 
number  of  these  officers  is  unknown.  Meier0  thinks 
that  they  were  appointed  by  lot ;  but  Hermann,10  re- 
ferring to  Menander,11  reckons  them  among  those 
officers  who  were  elected. 


H.     Aspirate. 

HABE'NiE  (rjvta)  were,  generally  speaking,  leath- 
ern thongs,  by  means  of  which  things  were  held  and 
managed.  Hence  the  word  was  in  particular  applied, 
1.  To  the  reins  by  means  of  which  horses  were  guided 
and  managed.12  The  habenae  were,  as  with  us,  fix- 
ed to  the  bit  or  bridle  (franum).  2.  To  the  thongs 
attached  to  a  lance,  by  which  it  was  held  and  wield- 
ed.13 (Compare  Amentum.)  3.  To  the  thong  which 
was  formed  into  a  sling,  by  means  of  which  stones 
were  thrown.14  (Vid.  Funda.)  4.  To  thongs  by 
means  of  which  the  sandals  were  fastened  to  the 
feet.15  From  this  passage  it  is  also  clear  that  the 
habenae  in  this  case  were  not  always  made  of  leath- 
er, but  of  strings  or  cords,  whence  Gellius  calls 
them  leretes  habence.     5.  To  the  thongs  formed  into 

1.  (Pollux,  viii.,  112.)—  2.  (DePhiloch.,  p.  24.)— 3.  (Plut.,  Sol., 
21. — Compare  Thirlwall,  Hist,  of  Greece,  ii.,  p.  51.)— 4.  (Pollux, 
Onom  ,  iv.,  12,  p.  144. — Id.  ib.,  vi.,  5,  p.  214,  cd.  Gottling.) — 5. 
(Harpocrat.,  s.  v.  "On  %tA/a?. — Her.ych.,  s.  v.  HXa'ravoj.) — 6. 
(Philoch.  ap.  Athen.,  vi.,  p.  245.)—?.  (Athen.,  1.  c.)— 8.  (Plut., 
I.e.)— 9.  (Att  Proa,  p.  97.)— 10.  (Polit.  Antiq.,  $  150,  n.  5.)— 11. 
iRhet.  De  Encorn.,  p.  105,  ed.  Heeren.) — 12.  (Virg.,  iEn.,  x.,  576. 
— id.  ib.,  xi.,  670,  765.  —  II.  ib.,  xii.,  327.)  —  13.  (Lucan,  vi., 
221.)— 14.  (Lucan,  i,i.,  710  -  Val.  Flacc,  v.,  609.)  —  15.  (Aul. 
Cell.,  xiii.,  21,  4.) 
486 


a  scourge  with  which  young  slaves  were  chasliaea. 
The  commentators  on  this  passage,  indeed,  diffei 
about  the  meaning  of  habenae  ;  but  if  we  consider 
the  expressions  of  Ulpian,2  "impuberes  scrvi  tcrreri 
tantum  solent,  et  habena  vel  ferula  cadi"  it  is  clear 
that  the  habena  is  the  scourge  itself.3 

*H^EDUS  (epilog),  I.  the  Kid.— II.  (Haedi,  Ipt-fiot), 
two  stars  on  the  arm  of  Auriga,  called  the  Kids, 
and  regarded  as  indicative  of  stormy  weather. 
They  were  also  called  by  the  singular  term  Capella* 

*HyEMACHA'TES  (a^o^m/r),  a  species  of  Ag- 
ate, sprinkled  with  spots  of  jasper,  or  blood-red  chal- 
cedony ;  now  called  Dotted  Agate.    (Vid.  Achates.) 

♦HJEMADORON  (aluddupov),  a  parasitic  plant 
briefly  noticed  by  Theophrastus.  Stackhouse  haz- 
ards the  conjecture  that  it  was  the  Orobunche,  L. 5 

*HyEMATFTES  (alfxaTLTnc),  the  well-known 
stone  called  Bloodstone.  It  is  of  a  ferruginous  col- 
our, and  consists  principally  of  oxyde  of  iron.  "The 
Hcematites  of  the  ancients,"  observes  Dr.  Moore, 
"  comprehended,  besides  our  red  hctmatite,  several 
other  oxydes  of  iron,  as  may  be  seen  from  Pliny's 
description  of  five  varieties  of  it,  besides  the  mag- 
net. For  magnetic  oxyde  of  iron  was  also  classed 
with  haematite  ;  but  that,  no  doubt,  because  of  the 
appearance  it  exhibited  after  having  been  exposed 
to  a  strong  heat."  From  the  descriptions  given  by 
Theophrastus  and  Pliny,  it  would  appear,  as  re- 
marked by  the  same  writer,  that  compact  and  ochrey 
red  and  brown  oxydes  of  iron  were  included  under 
haematite.6 

H^ERES.     (Vid.  Heres.) 

*HAL/CYON  (ukKvw),  the  Kingfisher,  or  Alec- 
do  Ispida,  L.  "  The  Greek  naturalists,"  observes 
Adams,  "  describe  two  species,  or,  more  properly, 
varieties  of  this  bird.  The  scholiast  on  Theocritus 
derives  the  word  napa  rod  ev  aki  kveiv,  an  etymolo- 
gy which  we  may  with  great  safety  reject.  The 
Kingfisher  builds  its  nests  on  the  banks  of  rivers, 
and  does  not  commit  them  to  the  sea,  as  some  of 
the  ancients  represent.  What  they  took  for  the 
nests  of  this  bird  were  the  bones  which  it  had  swal- 
lowed and  vomited  up.  Pliny's  description  of  its 
nest  is  tolerably  accurate.  Aristotle  and  several  of 
the  ancient  poets  represent  the  Kingfisher  as  fre- 
quenting the  seaside,  and  this  is  probably  true  of  it  in 
the  warm  climates,  but  does  not  apply  to  it  in  north- 
ern latitudes.  It  remains  to  be  mentioned,  that  Be- 
lon  hazards  the  very  improbable  conjecture  that  the 
Vocal  Kingfisher  of  Aristotle  was  the  Greater  Reed- 
sparrow  ;  and  that  Aldrovandus  could  never  deter- 
mine satisfactorily  what  bird  was  meant  by  the  Hal- 
cyon of  the  ancients,  although  it  appears  to  me  that 
Aristotle's  description  of  the  akuvuv  applies  in  the 
main  very  well  to  the  Alcedo  Ispida."7 

*HALIiE'ETUS  {aliaieros),  the  Osprey.  This 
bird  is  the  "  Nisus"  of  Virgil  and  Ovid.  Natural- 
ists, according  to  Adams,  have  recently  adopted  the 
opinion  that  the  Osprey  is  the  same  as  the  Sea 
Eagle.  Its  scientific  name  is  Pandion  Haliceetus, 
Savigny.8 

♦HALICAC'ABUM  (aliKttwSov),  a  plant,  the 
Winter-cherry,  or  Physalis  Alkekengi.  The  berry 
steeped  in  wine  was  employed  as  a  diuretic.  Sib- 
thorp  found  it  growing  on  Parnassus,  and  on  the 
Bithynian  Olympus,  as  well  as  around  Constanti- 
nople.9 

*HALTMUS  (ulijuog),  a  plant,  a  species  of  Orache, 
the  Atriplex  Halimus,  L. — 'Yd  uXt/ia  are  certain  sa- 
line plants  and  their  fruits,  mentioned  in  the  Sep- 


1.  (Horat.,  Epist.,  ii.,  2,  15.)  —  2.  (Dig.  29,  tit.  5,  s.  33.)  —  3. 
(Compare  Ovid,  Heroid.,  ix.,  81.  — Virg.,  ^En.,  vii.,  380.)— 4. 
(Virg.,  Georg.,  i.,  205.) — 5.  (Adams,  Append.,  s.  v.) — 6.  (Plin., 
H.  N.,  xxxvi.,  38.— Moore's  Arc  Mineralogy,  p.  130.)— 7.  (Aris- 
tot.,  H.  A.,  viii.,  5.— Id.  ib.,  xiii.,  5.  — Plin.,"  II.  N.,  x.,  15. — Ad 
ams,  Append.,  s.  v.)  —  8.  (Adams,  Append.,  s.  v.  asrts.)  —  9 
(Billerbeck,  Flora  Classica,  p.  50.) 


HARMAMAXA. 


HARPAGO. 


tuagint  veision  of  the  Scriptures.  On  the  other 
hand,  ru  uXifia  were  certain  herbs,  so  called  because 
used  by  the  Pythagoreans,  who  lived  solely  on  a 
vegetable  diet,  and  hence  were  termed  ol  u1l{iol,  as 
only  eating  in  order  to  assuage  hunger  (d  priv.,  and 
li{i6s,  "hunger"1). 

HALO'A.     (Vid.  Aloa.) 

HALTE'RES  (dXr/jpeg)  were  certain  masses  of 
stone  or  metal,  which  were  used  in  the  gymnastic 
exercises  of  the  Greeks  and  Romans.  Persons  who 
practised  leaping  frequently  performed  their  exer- 
cises with  halteres  in  both  hands  ;  but  they  were 
also  frequently  used  merely  to  exercise  the  body  in 
somewhat  the  same  manner  as  our  dumb-bells.2 
Pausaiias3  speaks  of  certain  statues  of  athletes 


who  were  represented  with  halteres.  They  appear 
to  have  been  made  of  various  forms  and  sizes.  The 
preceding  woodcut  is  taken  from  Tassie,  Catalogue, 
&c,  pi.  46,  No.  7978.* 

HAMA.  (Vid.  Batillus.) 
HAMAXA.  (Vid.  Harmamaxa,  Plaustrum.) 
HA.RMA.  (Vid.  Currus,  Harmamaxa.) 
HARMAMAXA  (dpfiufxatja)  is  evidently  com- 
pounded of  ap/xa,  a  general  term,  including  not  only 
the  Latin  Currus,  but  other  descriptions  of  carria- 
ges for  persons  ;  and  ufia%a,  which  meant  a  cart, 
having  commonly  four  wheels,  and  used  to  carry 
loads  or  burdens  as  well  as  persons.5  The  harma- 
maxa was  a  carriage  for  persons,  in  its  construction 
very  similar  to  the  Carpentum,  being  covered  over- 
head and  enclosed  with  curtains,6  so  as  to  be  used 
at  night  as  well  as  by  day  ;7  but  it  was  in  general 
larger,  often  drawn  by  four  horses,  or  other  suita- 
ble quadrupeds,  and  attired  with  ornaments  more 
splendid,  luxurious,  and  expensive,  and  in  the  Ori- 
ental style.8  It  occupied  among  the  Persians9  the 
same  place  which  the  carpentum  did  among  the 
Romans,  being  used,  especially  upon  state  occa- 
sions, for  the  conveyance  of  women  and  children, 
of  eunuchs,  and  of  the  sons  of  the  king  with  their 
tutors.10  Also,  as  persons  might  lie  in  it  at  length, 
and  it  was  made  as  commodious  as  possible,  it  was 
used  by  the  kings  of  Persia,  and  by  men  of  high 
rank  in  travelling  by  night,  or  in  any  other  circum- 
stances when  they  wished  to  consult  their  ease  and 
their  pleasure.11 

The  body  of  Alexaader  the  Great  was  transport- 
ed from  Babylon  to  Alexandrea  in  a  magnificent 
harmamaxa,  the  construction  of  which  occupied 
two  years,  and  the  description  of  which,  with  its 

— -n-     - 

1.  (Dcmne<»an,  s.  v.,  ed.  4th.)  —  2.  (Martial,  xiv.,  49.  —  Id., 
VII.,  lxvii.,  6.— Pollux,  iii.,  155. — Id.,  x.,  64. — "  Graves  massae:r' 
Juv.,  vii.,  421.  — Senec,  Ep.,  15,  56.)  — 3.  (v.,  26,  t)  3.— Id.,  v., 
S7,  $  8.— Id.,  vi.,  3,  t>  4.)  — 4.  (.Vid.  Mercnrialis,  De  Arte  Gyra- 
nastica,  ii.,  12.  — Becker's  Gallus,  i.,  p.  277.)— 5.  (lies.,  Op.  et 
Dies,  692.— Horn.,  11.,  vii.,  426.— Id.  ib.,  xxiv.,  782  )— 6.  (Diod 
Sic.  xi.,  56.— Chariton,  v.,  2.)— 7.  (Xen.,  Cyrop.,  iv.,  2, 1)  15.) 
8.  (Diod.  Sic,  xvii.,  35.— Aristoph.,  Acharn.,  70.)  — 9    (Max 
Tyr..  34.)— 10.  (Herod.,  vii.,  83.— Id.,  ix.,  76— Xen.,  Cyrop.,  iii., 
1,  6  4.— Id.  ib.,  iv.,  3,  I)  1.— Id.  ib.,  vi.,  3,  <>  11.— Q.  Cuit.,  iii.,  3, 
I  23.)— 11.  (Hfirod..  vii.,  41.— Xen.,  Cyrop.,  iii..  1.  6  40  » 


paintings  and  ornaments  in  gold,  silver,  and   vuiy 
employed  the  pen  of  more  than  one  historian.1 

The  harmamaxa  was  occasionally  used  by  the  la- 
dies of  Greece.  A  priestess  of  Diana  is  represent- 
ed as  riding  in  one  which  is  drawn  by  two  white 
cows.2 

HARMOST^E  (from  dp/iofy,  to  fit  or  join  togeth- 
er) was  the  name  of  the  governors  whom  the  Lace- 
daemonians, after  the  Peloponnesian  war,  sent  into 
their  subject  or  conquered  towns,  partly  to  keep 
them  in  submission,  and  partly  to  abolish  the  dem- 
ocratical  form  of  government,  and  establish  in  its 
stead  one  similar  to  their  own.3  Although  in  many 
cases  they  were  ostensibly  sent  for  the  purpose  of 
abolishing  the  tyrannical  government  of  a  town, 
and  to  restore  the  people  to  freedom,  yet  they  them- 
selves acted  like  kings  or  tyrants,  whence  Dionys- 
ius*  thinks  that  harmostae  was  merely  another 
name  for  kings.  How  little  sincere  the  Lacedae- 
monians were  in  their  professions  to  restore  their 
subject  towns  to  freedom,  was  manifest  after  the 
peace  of  Antalcidas;  for,  although  they  had  pledged 
themselves  to  re-establish  free  governments  in  the 
various  towns,  yet  they  left  them  in  the  hands  of 
the  harmostae.5  The  character  of  their  rule  is  suf- 
ficiently described  by  the  word  Karkxtw,  which  Isoo 
rates6  and  Demosthenes7  use  in  speaking  of  the 
harmostae.8  Even  Xenophon9  could  not  help  cen- 
suring the  Lacedaemonians  for  the  manner  in  which 
they  allowed  their  harmostae  to  govern. 

It  is  uncertain  how  long  the  office  of  an  harmos- 
tes  lasted  ;  but,  considering  that  a  governor  of  the 
same  kind,  who  was  appointed  by  the  Lacedaemo- 
nians in  Cythera,  with  the  title  of  Cytherodices, 
held  his  office  only  for  one  year,lc  it  is  not  improba- 
ble that  the  office  of  harmostes  was  of  the  sam* 
duration. 

•APIIArHS  TPA*H  {dpiraym  ypatf).  This  ac- 
tion seems,  according  to  Lucian,11  to  have  been  ap- 
plicable to  cases  of  open  robbery,  attended  with  vio- 
lence. Under  these  circumstances,  the  offenders 
would  be  included  in  the  class  of  naKovpyoi,  and,  as 
such,  be  tried  before  a  court  under  the  control  and 
management  of  the  Eleven.  With  respect  to  the 
punishment  upon  conviction,  we  have  no  certain  in- 
formation, but  there  seems  no  reason  to  doubt  that 
it  was  capital,  as  in  cases  of  burglary  and  stealing 
from  the  person.12 

HA'RPAGO  {dp-Kayri :  Tcvkoq  :  Kpedypa,  dim.  apt 
aypig),  a  Grappling-iron,  a  Drag,  a  Flesh-hook.13 

The  iron-fingered  flesh-hook  (Kpedypa  oidrjpodaK 
rii/loc14)  is  described  by  the  scholiast  on  Aristopha- 
nes15 as  "  an  instrument  used  in  cookery,  resembling 
a  hand  with  the  fingers  bent  inward,  used  to  take 
boiled  meat  out  of  the  caldron."  Four  specimens 
of  it,  in  bronze,  are  in  the  British  Museum.  One 
of  them  is  here  represented.  Into  its  hollow  ex 
tremity  a  wooden  handle  was  inserted. 


A  similar  instrument,  or  even  the  flesh-hook  it- 

1.  (Diod.  Sic,  xviii.,  26-28—  Athen.,  v.,  40.— ^lian,  V.  II., 
xii.,  64.)— 2.  (Heliod.,  JEt'n..,  iii.,  p.  133,  ed.  Commelini.) — 3. 
(Diod.  Sic,  xiv.,  10. — Xen.,  Hellen.,  iv.,  2, $  5. — Isocrat.,  Paneg., 
p-  92. — Suidas,  Hesych.,  s.  v. — Etymol.  Mag.,  s.  v.  'E-rriaradnoi.) 
-4   (Antiq.  Rom.,  v.,  p.  337,  ed.  Sylburg.)— 5.  (Polyb.,  iv.,  27.) 

6-  (1.  c.) — 7.  (De  Coron.,  p.  258.) — 8.  (Compare  Demosth.,  c. 
Timber.,  p.  740.— Plut.,  Narrat.  Amat.,  c  3.)— 9.  (De  Rep.  Lac, 
c  14  )-10.  (Thucyd.,  iv.,  53.)— 11.  (Jud.  Voc,  c  1,  vol.  i.,  p.  82. 
ed  Hemst.)— 12.  (Xen.,  Mem.,  i.,2,  $  62.)— 13.  (Ex.,xxvii.,  3.— 
1  Sanr.,  >i.,  13,  14,  Sept. — Aristoph.,  Vesp.,  1152. — Anaxippus, 
ap.  A  ken.,  iv.,  68.)— 14.  (Brunei:.  Anal.,  ii.,  215.)— 15.  (Equity 
769.) 

487 


HARUSPICES. 


HASTA. 


*e!f,1  was  used  to  draw  up  a  pail,  or  to  recover  any- 
thing which  had  fallen  into  a  well.2 

In  war,  the  grappling-iron,  thrown  at  an  enemy's 
ship,  seized  the  rigging,  and  was  then  used  to  drag 
the  ship  within  reach,  so  that  it  might  be  easily 
boarded  or  destroyed.8  These  instruments,  aptly- 
called  "  iron  hands"  (ferrea  manus*),  were  employ- 
ed by  the  consul  Duilius  against  the  Carthaginians,5 
and  were  said  to  have  been  invented  by  Pericles.6 

HARPASTUM  (apiraorov,  from  apna&)  was  a 
kail,  used  in  a  game  of  which  we  have  no  accurate 
account ;  but  it  appears,  both  from  the  etymology 
of  the  word  and  the  statement  of  Galen,7  that  a  ball 
was  thrown  among  the  players,  each  of  whom  en- 
deavoured to  obtain  possession  of  it.  Hence  Mar- 
tial8 speaks  of  the  harpasta  pulverulenta.  The  game 
required  a  great  deal  of  bodily  exertion.9 

HARU'SPICES  or  ARU'SPICES  were  sooth- 
sayers or  diviners  who  interpreted  the  will  of  the 
gods.  They  originally  came  to  Rome  from  Etru- 
ria,  whence  haruspices  were  often  sent  for  by  the 
Romans  on  important  occasions.10  The  art  of  the 
haruspices  resembled  in  many  respects  that  of  the 
augurs,  but  they  never  acquired  that  political  im- 
portance which  the  latter  possessed,  and  were  re- 
garded rather  as  means  for  ascertaining  the  will  of 
the  gods  than  as  possessing  any  religious  authority. 
They  did  not,  in  fact,  form  any  part  of  the  ecclesi- 
astical polity  of  the  Roman  state  during  the  Repub- 
lic ;  they  are  never  called  sacerdotes  ;  they/did  not 
form  a  collegium,  and  had  no  magister  at  their  head. 
The  account  of  Dionysius,11  that  the  haruspices 
were  instituted  by  Romulus,  and  that  one  was  cho- 
sen from  each  tribe,  is  opposed  to  all  the  other  au- 
thorities, and  is  manifestly  incorrect.  In  the  time 
of  the  emperors,  we  read  of  a  collegium  or  ordo  of 
sixty  haruspices  ;ia  but  the  time  of  its  institution  is 
uncertain.  It  has  been  supposed  that  such  a  colle- 
gium existed  in  the  time  of  Cicero,  since  he  speaks 
of  a  summus  magister  ;13  but  by  this  we  are  proba- 
bly to  understand,  not  a  magister  collegii,  but  merely 
the  most  eminent  of  the  haruspices  at  the  time. 

The  art  of  the  haruspices,  which  was  called  ha- 
ruspicina,  consisted  in  explaining  and  interpreting 
the  will  of  the  gods  from  the  appearance  of  the  en- 
trails (exta)  of  animals  offered  in  sacrifice,  whence 
they  are  sometimes  called  extispices,  and  their  art 
extispicium  ;l*  and  also  from  lightning,  earthquakes, 
and  all  extraordinary  phenomena  in  nature,  to  which 
the  general  name  of  portenta  was  given.15  Their 
art  is  said  to  have  been  invented  by  the  Etruscan 
Tages,16  and  was  contained  in  certain  books  called 
libri  haruspicini,  fulgurales,  and  tonitruales .lT 

This  art  was  considered  by  the  Romans  so  im- 
portant at  one  time,  that  the  senate  decreed  that  a 
certain  number  of  young  Etruscans,  belonging  to  the 
principal  families  of  the  state,  should  always  be  in- 
structed in  it.18  Niebuhr  appears  to  be  mistaken 
in  supposing  the  passage  in  Cicero  to  refer  to  the 
children  of  Roman  families.19  The  senate  some- 
times consulted  the  haruspices,20  as  did  also  private 
persons.21  In  later  times,  however,  their  art  fell 
into  disrepute  among  well-educated  Romans ;  and 
Cicero22  relates  a  saying  of  Cato,  that  he  wondered 


1.  (Aristoph.,  Eccles.,  994.)— 2.  (Hesych.,  s.  v.  'Apirdyr),  Kps 
iypa,  Avkos.)— 3.  ("  Apita\  :  Athen.,  vi.,  43.)— 4.  (Q.  Curt.,  iv.,  9. 
— Dion  Cass.,  xlix..,  3.— Id.,  n.,  32, 34.)-5.  (Flor.,  ii.,  2.— Front., 
Stratag-.,  ii.,  3,  24.)— 6.  (Plin.,  H.  N.,  vii.,  57.)— 7.  inept  fiiKput; 
ZQaipas,  c.  2,  p.  902,  ed.  Kiihn.)— 8.  (IV.,  xix.,  6.)— 9.  (Martial, 
VII.,  lxvii.,  4.— Compare  xiv.,  48. — Vid.  Becker's  Gallus,  i.,  p. 
276.) — 10.  (Liv..  xxvii.,  37.— Cic,  Cat.,  iii.,  8.— Id., Do  Div.,ii., 
4.) — 11.  (ii.,  22.)— 12.  (Tacit.,  Ann.,  xi.,  15.— Orelli,  Inscr.,  i., 
p.  399.)— 13.  (De  Div.,  ii.,  24.)— 14.  (Cic,  De  Div.,  ii.,  11  - 
Suet.,  Ner.,  56.)— 15.  (Val.  Max.,  i.,  1,  $  1.)— 16.  (Cic,  De 
Div.,  ii.,  23.— Festus,  s  v.  Tages.)— 17.  (Cic,  De  Div.,  i.  33 
—Compare  Macrob.,  Saturn.,  Hi.,  7.)— 18.  (Cic.,De  Div.,i  ,41  . 
—19.  (See  Orelli,  ad  loc)— 20.  (Cic,  De  Div.,  i.,  43— Id.  ib., 
ii.,  85.— Liv.,  xxvii.,  37.)— 21.  (Cic,  De  Div.,  ii.,29.)— 22  (Cic, 
D»Di*.,  ij.,24.) 
488 


that  one  haru&pex  did  not  laugh  when  he  saw  an* 
othei  The  Emperor  Claudius  attempted  to  revive 
the  stuuy  of  the  art,  which  had  then  become  neg- 
lected an*,  the  senate,  under  his  directions,  passed 
a  deciee  that  the  pontifices  should  examine  what 
parts  of  it  should  be  retained  and  established  ;*  but 
we  do  not  know  what  effect  this  decree  produced. 

The  name  of  haruspex  is  sometimes  applied  tc 
any  kind  of  soothsayer  or  prophet;2  whence  Juve- 
nal3 speaks  of  Armenius  v el  Commagenus  haruspex. 

The  latter  part  of  the  word  haruspex  contains  the 
root  spec;  and  Donatus*  derives  the  former  part 
from  haruga,  a  victim.5 

(Gottling,  Gesch.  der  Rom.  Staatsv.,  p.  213. — 
Walter,  Gesch.  des  Rom.  Rechts,  p.  184. —  Brissoni- 
us,  De  Formuhs,  i.,  29,  &c.) 

HASTA  (ly^of),  a  Spear.  The  spear  is  defined 
by  Homer,  dopv  ^aX/c^pef,  "  a  pole  fitted  with 
bronze,"6  and  66pv  xa^K0^>aP^,  "  a  pole  heavy  with 
bronze."7  The  bronze,  for  which  iron  was  after- 
ward substituted,  was  indispensable  to  form  the 
point  (alxpr/,  clkgjkt?  ;8  Tioyxv  ;9  acies,  cuspis,  spicu- 
lum10)  of  the  spear.  Each  of  these  two  essential 
parts  is  often  put  for  the  whole,  so  that  a  spear  is 
called  66pv  and  fioparcov,  alx^Vi  and  Xoyxv-  Even 
the  more  especial  term  fxeXLa,  meaning  an  ash-tree, 
is  used  in  the  same  manner,  because  the  pole  of  the 
spear  was  often  the  stem  of  a  young  ash,  stripped  ol 
its  bark  and  polished.11  In  like  manner,  the  spear 
is  designated  by  the  term  /ca/zaf,12  meaning,  proper- 
ly, the  strong  tall  reed  of  the  south  of  Europe,  which 
served  both  for  spears  and  for  various  other  uses.13 

The  bottom  of  the  spear  was  often  enclosed  in  a 
pointed  cap  of  bronze,  called  by  the  Ionic  writers 
GavpoTTjp1*  and  ovpiaxoc,15  and  in  Attic  or  common 
Greek  arvpa^.16  By  forcing  this  into  the  ground, 
the  spear  was  fixed  erect.17  Many  of  the  lancera 
{6opv(j>6poi,  aixp-ofybpoi,  Aoyxofyopoi,  woodcut,  p.  207) 
who  accompanied  the  King  of  Persia  had,  instead 
of  this  spike  at  the  bottom  of  their  spears,  an  apple 
or  a  pomegranate,  either  gilt  or  silvered."    With 


55> 

1  %  $ :>     A 

this,  or  a  similar  ornament,  the  spear  is  often  ter- 


1.  (Tacit.,  Ann.,  xi.,  15.)  — 2.  (Prop.,  III.,  xiii.,  59.)  — 3.  (n., 
550.)_4.  (ad  Ter.,  Phorm.,  IV.,  iv.,  28.)— 5.  (Compare  Festus, 
s.  v.  Harviga,  and  Varro,  De  Ling.  Lat.,  v.,  98,  ed.  Muller.)— 6. 
(II.,  vi.,  3.)— 7.  (Od.,  xi.,  531.)— 8.  (Homer.)— 9.  (Xenophon.)- 
10.  (Ovid,  Met.,  viii.,  375.)— 11.  (II.,  xix.,  390.— Ib.,  xx.,  277.— 
Ib.,  xxii.,  328— Od.,  xxii.,  259.— Plin.,  H.  N.,  xvi.,  24.— Ovid, 
Met.,  xii.,  369.)— 12.  (JEsch.,  Ag.,  65— Eurip.,  Hec,  1155. — 
Id.,  Phcen.,  1421.— Brunck,  Anal.,  i.,  191,  226.— Ant.  Sid.,  34.) 
—13.  (Hes.,  Scut.,  298.— Schol.  in  loc— Xen.,  De  Re  Equest., 
xii.,  12.)— 14.  (Horn.,  II.,  x.,  153.— Herod.,  vii.,  40,  41.— Polyb., 
V)>>  23.)— 15.  (II.,  xiii.,  443.— Ib.,  xvi.,  612.— Ib.,  xvii.,  528.;— 16. 
(Xen.,Hellen.,  vi.,  2, 19.— Athen.,  xii.,  8.— oTvpaxiov :  Thucyd.. 
ii.,  4.— -fin.  Tact.,  18.)— 17.  (Virg.,  .En.,  xii.,  130.)— 18.  (He 
lod.  Athen.,  11.  cc.) 


HASTA 


HASTA 


flamated  both  on  Persian  and  Egyptian  monuments. 
Fig.  1  in  the  preceding  woodcut  shows  the  top  and 
bottom  of  a  spear  which  is  held  by  one  of  the  king's 
guards  in  the  sculptures  at  Persepolis.1  It  may 
be  compared  with  those  in  the  hand  of  the  Greek 
warrior  at  p.  94,  which  have  the  spike  at  the  bot- 
tom. The  spike  at  the  bottom  of  the  spear  was 
used  in  fighting  by  the  Greeks  and  Romans  when 
the  head  was  broken  off.2 

A  well-finished  spear  was  kept  in  a  case  (doparo- 
$}}ktj),  which,  on  account  of  its  form,  is  called  by 
Homer  a  pipe  (ovpty^3). 

The  spear  was  used  as  a  weapon  of  attack  in 
three  different  ways  :  1.  It  was  thrown  from  cata- 
pults and  other  engines.  (Vid.  Tormentum.)  2. 
It  was  thrust  forward  as  a  pike.  In  this  manner 
Achilles  killed  Hector  by  piercing  him  with  his  spear 
through  the  neck.*  The  Eubceans  were  particu- 
larly celebrated  as  pikemen.5  3.  It  was  commonly 
thrown  by  the  hand  (uKovriaai  fictKpodev6).  The 
warrior,  preparing  to  hurl  it,  raised  his  hand  to  his 
right  ear.7  (Compare  woodcut,  p.  245.)  He  some- 
times derived  assistance  from  the  use  of  the  Amen- 
tum or  the  Ansa.  He  generally  went  to  the  field 
with  two  spears.8  (Woodcuts,  p.  94,  227,  332.) 
On  approaching  the  enemy,  he  first  threw  either  one 
spear  or  both,  and  then,  on  coming  to  close  quar- 
ters, drew  his  sword9  (pila  conjecerunt — gladiis  ge- 
ri  res  coepta  est10). 

Under  the  general  terms  kasta  and  iyxoc  were  in- 
cluded various  kinds  of  missiles,  of  which  the  prin- 
cipal were  as  follow : 

Lancca  (hoyxri11),  the  lance,  a  comparatively  slen- 
der spear  commonly  used  by  the  Greeks.  Iphicra- 
':es,  who  doubled  the  length  of  the  sword  (vid.  Gla- 
dius),  also  added  greatly  to  the  dimensions  of  the 
lance.18  This  weapon  was  used  by  the  Grecian 
horsemen  ;13  and  by  means  of  an  appendage  to  it, 
which  is  supposed  by  Stuart1*  (woodcut,  fig.  2)  to 
be  exhibited  on  the  shafts  of  three  spears  in  an  an- 
cient bas-relief,  they  mounted  their  horses  with 
greater  facility.18  The  lance,  on  account  of  its 
length  and  its  lightness,  was  carried  by  huntsmen.16 

Pilum  (vggoc.),  the  javelin,  much  thicker  and 
stronger  than  the  Grecian  lance,17  as  may  be  seen 
on  comparing  the  woodcuts  at  p.  94  and  95.  Its 
shaft,  often  made  of  cornel,18  was  partly  square,  and 
5£  feet  long.19  The  head,  nine  inches  long,  was  of 
iron,  and  is  therefore  now  found  only  in  the  state 
described  by  Virgil,  " cxesa  scabra  robigine  pila"20 
It  was  used  either  to  throw  or  to  thrust  with  ;  it 
was  peculiar  to  the  Romans,  and  gave  the  name  of 
pilani  (p.  103)  to  the  division  of  the  army  by  which 
it  was  adopted'-'1  (pilatum  agmen22).  When  Marius 
fought  against  the  Cimbri,  he  ordered  that,  of  the 
two  nails  or  pins  (irepovai)  by  which  the  head  was 
fastened  to  the  staff,  one  should  be  of  iron  and  the 
other  of  wood.  The  consequence  was,  that  when 
the  pilum  struck  the  shields  of  the  enemy,  the  tre- 
nail gave  way,  and  the  shaft  was  turned  on  one 
side,  so  that  the  spear  could  not  be  sent  back 
again." 

While  the  heavy-armed  Roman  soldiers  bore  the 
long  lance  and  the  thick  and  ponderous  javelin,  the 

1.  (Sir  R.  K.  Porter's  Travels,  vol.  i.,  p.  601.)— 2.  (Polyb.,  vi., 
25.)-3.  (II.,  xix.,  387.)^.  (II.,  xxii.,  326.)— 5.  (Horn.,  II.,  ii., 
543.— Strabo,  x.,  1,  12,  13.)- 6.  (Arrian,  Tact.)— 7.  (Ovid,  Met., 
ii.,  311.)— 8.  (Horn.,  II.,  iii.,  18.— Id.  ib.,  x.,  76.— Id.  ib.,  xii., 
298.— Pind.,  Pyth.,  iv.,  139.— Polyb.,  vi.,21.)—  9.  (Horn.,  II.,  iii., 
840.— Id.  ib.,  xvii.,  530.— Id.  ib.,  xx.,  273-284.— Theocrit.,  Idyll., 
mi.,  187-191.)— 10.  (Liv.,  xxviii.,  1.)— 11.  (Festus,  s.  v.  Lan- 
eea.)— 12.  (Diod.  Sic.,xv.,  44.— Nep.,  xi.,  1,  3.)— 13.  (Polyb.,  vi., 
*3.)— 14.  (Ant.  of  Athens,  V.,  iii.,  p.  47.)— 15.  (Xen.,  De  Re  Eq., 
VII.,  xii.)— 16.  (Apul.,  Met.,  viii.)— 17.  (Flor.,  ii.,  7.)— 18.  (Virg., 
£5n.,  ix.,  698.— Ovid,  Met.,  viii.,  408.)— 19.  (Veget.,  ii.,  15.)— 
20.  (Georg.,  iv.,  495.)— 21.  (Strabo,  1.  c.)— 22.  (Virg.,  ^n.,  xii., 
121,  130  ;  vii.,  664.  —  Servius  in  loc.  —  Hor.,  Sat.,  II.,  i.,  13.— 
Gas.,  B  G.,  i.,  52.)— 23.  (Plut.,  Marius.) 

Qqq 


lighi-armed  usecr  smallei  missiles,  which,  though  o* 
different  kinds,  were  included  under  the  general 
term  hastcc  velitares.'  From  ypbatyoq,  the  corre- 
sponding Greek  term,*  the  velites,  or  light-armed, 
are  called  by  Polybius  ypoofo/Liuxoi3  According  to 
his  description,  the  ypocfyoc.  was  a  dart,  with  a  shaft 
about  three  feet  long  and  an  inch  in  thickness :  the 
iron  head  was  a  span  long,  and  so  thin  and  acumi- 
nated as  to  be  bent  by  striking  against  anything, 
and  thus  rendered  unfit  to  be  sent  back  against  the 
enemy.  Fig.  3  in  the  preceding  woodcut  shows 
one  which  was  found,  with  nearly  four  hundied 
others,  in  a  Roman  intrenchment  at  Meon  Hill,  in 
Gloucestershire.* 

The  light  infantry  of  the  Roman  army  used  a 
similar  weapon,  called  a  spit  (veru,5  vcrutum*  oav- 
vlov1).  It  was  adopted  by  them  from  the  Samni- 
tes8  and  the  Volsci.9  Its  shaft  was  3t  feet  long, 
its  point  five  inches.10  Fig.  4,  in  the  preceding 
woodcut,  represents  the  head  of  a  dart  in  the  Royal 
Collection  at  Naples ;  it  may  be  taken  as  a  speci- 
men of  the  verutum,  and  may  be  contrasted  with 
fig.  5,  which  is  the  head  of  a  lance  in  the  same  col- 
lection. The  Romans  adopted,  in  like  manner,  the 
GiEsuM,  which  was  properly  a  Celtic  weapon  ;"  it 
was  given  as  a  reward  to  any  soldier  who  wound- 
ed an  enemy.12  Spams  is  evidently  the  same  word 
with  the  English  spar  and  spear.  It  was  the  rudest 
missile  of  the  whole  class,  and  only  used  when  bet- 
ter could  not  be  obtained.13 

Besides  the  terms  jaculum  and  spiculum  (ukg>v, 
aKovrtov),  ^vhich  probably  denoted  darts  resembling 
in  form  tht  lance  and  javelin,  but  much  smaller, 
adapted,  consequently,  to  the  light-armed  (jaculato- 
res),  and  used  in  hunting  as  well  as  in  battle,1*  we 
find  in  classical  authors  the  names  of  various  other 
spears,  which  were  characteristic  of  particular  na- 
tions. Thus  Servius  states15  that,  as  the  pilum 
was  proper  to  the  Romans,  and  the  gasum  to  the 
Gauls,  so  the  sarissa  was  the  spear  peculiar  to  the 
Macedonians.  This  was  used  both  to  throw  and 
as  a  pike.1'  It  exceeded  in  length  all  other  missiles. 
(See  p.  101.)  It  was  made  of  cornel,  the  tall,  dense 
stem  of  which  also  served  to  make  spears  of  othei 
kinds.17  The  Thracian  romphea,  which  had  a  very 
long  point,  like  the  blade  of  a  sword18  (rumpia,19  p'o/i- 
<paia20),  was  probably  not  unlike  the  sarissa,  since 
Livy  asserts21  that,  in  a  country  partly  covered  with 
wood,  the  Macedonian  phalanx  was  ineffective  on 
account  of  their  prczlonga.  hastce,  and  that  the  rom- 
phaea  of  the  Thracians  was  a  hinderance  for  the  same 
reason.  With  these  weapons  we  may  also  class 
the  Illyrian  sibina,  which  resembled  a  hunting-pole23 
(sibon23). 

The  iron  head  of  the  German  spear,  called  fra- 
mea,  was  short  and  narrow,  but  very  sharp.  The 
Germans  used.it  with  great  effect  either  as  a  lance 
or  a  pike  :  they  gave  to  each  youth  a  framea  and  a 
shield  on  coming  of  age.2*  The  Falarica  or  Phala- 
rica  was  the  spear  of  the  Saguntines,  and  was  im- 
pelled by  the  aid  of  twisted  ropes  :  it  was  large  and 
ponderous,  having  a  head  of  iron  a  cubit  in  length, 
and  a  ball  of  lead  at  its  other  end  ;  it  sometimes 

1.  (Liv.,  xxxviii.,  20.— Plin.,  H.  N.,  xxviii.,  6.)— 2.  (Polyb.,  i., 
40— Strabo,  iv.,  4,  3.)— 3.  (vi.,  19,  20.)— 4.  (Skelton's  Engraved 
Illustrations,  vol.  i.,  pi.  45.) — 5.  (Liv.,  xxi.,  55.) — 6.  (Liv.,  ].  c  ) 
— 7.  (Diod.  Sic,  xiv.,  27. —  Festus,  s.  v.  Samnites.) — 8.  (Virg 
^n.,  vii.,  665.)— 9.  (Georg.,  ii.,  168.)— 10.  (Veget.,  ii.,  15.)— 11 
(Liv.,  xxviii.,  45.)  — 12.  (Polyb.,  vi.,  37.)  — 13.  (Virg.,  Jla,  xi., 
682. — Serv.  in  loc. — Nepos,  xv.,  9,  1. —  Sallust,  Cat.,  56. — Aul. 
.Gell.,  x.,  25.)— 14.  (Thucyd.,  ii.,  4.— Virg.,  ^En.,  ix.,  52.— Serv 
in  loc. — Ovid,  Met.,  viii.,  411. — Cic.  ad  Fam.,  v.,  12. — Flor.,  ii., 
7.— Apul.,  Met.,  viii.)— 15.  (in  JEn.,  vii.,  664.)— 16.  (Strab.,  1.  c.) 
— 17.  (Theophrast..  H.  P..  iii..  12,  2.— odpeica  :  Arrian,  Tact.— 
Kpaviiva:  Xen.,  De  Re  Equest.,  xii.,  12.) — 18.  (Val.  Flacc,  vi., 
98.)— 19.  (Gell.,  I.e.)— 20.  (Apoc,  i.,  16.)— 21.  (xxxi.,  39.)—  2t. 
(Festus,  s.  v.  ai&vviov.—  Polyb.,  vi.,  21.)— 23.  (Aul.  Gell.,  1.  c. 
—Ant.  Sid.,  13.)- 24.  (Tacit.,  Germ..  G  13,  18  21.—  Jl  v.,  xiii .. 
79.) 

189 


HEDERA. 


HELENIUM. 


earned  flaming  pitch  and  tow.1  The  matara  and 
tragula  were  chiefly  used  in  Gaul  and  Spain  :  the 
Jragula  was  probably  barbed,  as  it  required  to  be 
cut  out  of  the  wound.3  The  Aclis  and  Cateia 
were  much  smaller  missiles. 

Among  the  decorations  which  the  Roman  gener- 
als bestowed  on  their  soldiers,  more  especially  for 
saving  the  life  of  a  fellow-citizen,  was  a  spear  with- 
out a  head,  called  hasta  pura.3  The  gift  of  it  is 
sometimes  recorded  in  funeral  inscriptions. 

The  celibaris  hasta*  having  been  fixed  into  the 
tsody  of  a  gladiator  lying  dead  on  the  arena,  was 
used  at  marriages  to  part  the  hair  of  the  bride.5 

A  spear  was  erected  at  auctions  (vid.  Auctio), 
and  when  tenders  were  received  for  public  offices 
{locationes).  It  served  both  to  announce,  by  a  con- 
ventional sign  conspicuous  at  a  distance,  that  a 
sale  was  going  on,  and  to  show  that  it  was  conduct- 
ed under  the  authority  of  the  public  functionaries.6 
Hence  an  auction  was  called  hasta,  and  an  auction- 
room  hastarium.7  It  was  also  the  practice  to  set 
>ip  a  spear  in  the  court  of  the  Centumviri. 

The  throwing  of  spears  was  one  of  the  gymnastic 
exercises  of  the  Romans.8 

HASTA'TI.     (Vid.  Army,  Roman,  p.  103.) 

HECATOMBJEON.     (Vid.  Calendar,  Greek.) 

HECATOMB AIA.     (Vid.  Her^a.) 

HECTICI  ('EktikoI),  another  name  for  the  medi- 
cal sect  of  the  Episynthetici,  as  we  learn  from  Ga- 
len,9 who  says  that  "  Agethinus  the  Lacedaemonian 
was  the  founder  of  a  sect  which  he  named  'Eiuovv- 
Qetikti,  and  which  some  called  'EkXektikti,  and  oth- 
ers 'EnTitcr)."  For  their  opinions  (as  far  as  they  are 
known),  vid.  Episynthetici. 

♦HED'ERA  (kiggoc  or  klttoc),  the  Ivy,  Hedera 
helix.  The  ivy,  as  Fee  remarks,  is  one  of  the  best- 
fcnown  plants  of  antiquity,  since,  independently  of 
the  descriptions  given  of  it  by  ancient  poets  and 
botanists,  we  see  it  sculptured  on  various  monu- 
ments of  former  days.  Theophrastus,10  and,  after 
him,  Dioscorides11  and  Pliny,13  have  distinguished 
three  kinds  of  ivy,  subdivided  into  several  species. 
These  three  kinds,  however,  are  now  looked  upon 
as  mere  varieties,  and  we  may  be  said  to  know  at 
nhe  present  day  but  a  single  species  of  Hedera, 
which  modern  botanical  writers  have  designated  by 
the  epithet  of  Helix  (£/Uf).  Among  the  varieties  of 
f.his  species  may  be  mentioned  the  Hedera  corymbosa 
of  modern  botanists,  the  same  with  the  H  arborea 
>f  the  botanical  writers  of  the  Middle  Ages.  It  is 
he  kind  beautifully  described  in  the  Culex  of  Vir- 
gil, and  alluded  to  also  in  the  3d  Eclogue,  and  in 
f,he  Georgics  of  the  same  poet.  The  Hedera  nigra 
of  the  7th  and  8th  Eclogues  is  that  which  the  an- 
cients consecrated  to  Bacchus,  and  called,  from  him, 
Dionysia.  It  is  the  Hedera  poetica  of  Bauhin,  and 
served,  when  interlaced  with  the  laurel,  as  a  crown 
for  warriors,  poets,  &c.  The  epithet  nigra,  given 
by  Virgil  to  the  Hedera  helix,  applies  to  its  dark- 
tiued  berries  and  the  sombre  colour  of  its  foliage. 
By  the  epithet  pollens,  on  the  other  hand,  he  intends 
to  indicate  the  flowers,  as  well  as  the  corymbi  before 
the  fruit  is  matured.13  The  following  remarks  of 
Marty  n1*  are  worthy  of  perusal :  "  Many  sorts  of  ivy 
are  mentioned  by  the  ancients,  most  of  which  seem 
to  be  rather  varieties  than  distinct  species.     Theo- 

1.  (Liv.,  xxi.,  8.— Id.,  xxxiv.,  18.— Virg.,  JEn.,  ix.,  706.— Lu- 
can,  vi.,  198.— Sil.  Ital.,  i.,  351.— Aul.  Gell.,  1.  c— Isid.,  Orig., 
xviii.,  7.— Grat.  Falisc,  Cyneg.,  342.)— 2.  (Plaut.,  Cas.,  ii.,  4, 
18  —Id.,  Epid.,  v.,  2,  25.— Id.,  Pseud.,  i.,  4,  24.— Cees.,  B.  G.,  i., 
26.— Id  ih.,  v.,  35.— Gell.,  1.  c.)— 3.  (Virg.,  JEn.,  vi.,  760.— 
Serv.  in  loc. — Festus,  s.  v.  Hasta. — Sueton.,  Claud.,  28. — Tacit., 
Aun.,  iil.,  21.) — i  (Festus,  s.  v.)— 5.  (Ovid,  Fast.,  ii.,  560.)— 6. 
(Cic,  Off.,  ii.,  8  — Nepos,  Attic,  6. — Festus,  s.  v.  Hasta.)— 7. 
(Tertull.,  Apol.,  13.)— 8.  (Plaut.,  Bacc,  iii.,  3,  24.— Id.,  Most., 
i.,  2,  73.)— 9.  (Definit.  Med.,  c.  14,  torn.  19,  p.  353,  ed.  Kiihn.) 
-10.  (ii.,  210.)— 11.  (H.  P.,  iii.,  18.)— 12.  (H.  N.,  xvi.,  34.)— 13. 
(Fee,  Flore  de  Virg.,  p.  lxii.,  &c.) — 14.  (ad  Virg:..  Eclog.,  iii.,  39.) 
400 


phrastus  says  the  three  principal  sorts  aiv3  the  white, 
the  black,  and  that  which  is  called  helix.  The  black 
is  our  common  ivy,  and  the  helix  seems  to  be  only 
the  same  plant  before  it  has  arrived  at  the  perfec- 
tion of  bearing  fruit.  For  at  first  the  leaves  are 
angular,  and  the  whole  plant  clings  closely  to  the 
wall  or  tree  that  supports  it :  but  when  it  comes  to 
flower,  a  new  shoot  is  detached  from  the  support, 
bearing  roundish  leaves  without  angles.  That  the 
helix  is  the  ivy  in  its  barren  state  is  plain  from  the 
account  which  Theophrastus  gives  of  it.  He  saya 
the  leaves  are  angular,  and  more  neat  than  those 
of  ivy,  which  has  them  more  round  and  simple.  He 
adds  also  that  it  is  barren.  As  for  the  white  ivy,  it 
seems  to  be  unknown  to  us.  Some,  indeed,  ima- 
gine it  to  be  that  variety  of  which  the  leaves  are 
variegated  with  white.  But  Theophrastus  express- 
ly mentions  the  whiteness  of  the  fruit ;  for  he  saya 
some  have  only  the  fruit  white,  and  others  the  leave* 
also.  Dioscorides  also  mentions  three  principal 
sorts  of  ivy,  the  white,  the  black,  and  the  helix. 
The  white  bears  a  white  fruit ;  the  black  has  either 
a  black  or  saffron-coloured  fruit ;  this  kind  they 
called  also  Dionysia;  the  helix  bears  no  fruit  at  all, 
but  has  white  twigs,  and  small,  angular,  reddish 
leaves.  Pliny  has  confounded  the  ivy  with  the  cis- 
tus,  being  deceived  by  the  similarity  between  kiog6$ 
(or  KiTTog)  and  klotoc.  The  flower  of  the  cistua 
does,  indeed,  bear  a  resemblance  to  that  of  the  wild 
rose,  as  Pliny  remarks,  but  it  would  be  difficult  to 
find  any  such  similitude  in  the  ivy." 

HEDNA  (eova).     (Vid.  Dos,  Greek.) 

*HEDYOSMUS  (ydvoopoc),  Garden-mint,  or  Men- 
tha  sativa.  The  rj6voo[iog  aypiog  of  Dioscorides  and 
others  is  the  Mentha  gentilis ;  the  fidvoojuoe  r/juepocf 
the  Mentha  crispa.  The  naXanivdrj  erepa  is  the 
M.  sylvestris.1 

*HEDYS'ARUM  fydvaapov),  a  leguminous  plant 
Coronilla  securidica.  It  was  also  called  by  the  an 
cient  writers  neleiclvoc,  which  name,  as  well  a) 
securidica,  refers  to  the  axe-formed  shape  of  it? 
seeds.  The  modern  Greek  name  is  Twtpolov6i. 
"  Matthiolus,"  observes  Adams,  "  holds  that  the 
Hedysarum  is  either  the  Coronilla  securidica  or  the 
Astragalus  hamosus.  Clusius  brought  into  view  the 
Coronilla  varia  and  the  Bisserula  pelecinus.  Stack- 
house  makes  the  irelenlvoc  of  Theophrastus,  which 
is  identical  with  the  i/dvoapov,  to  be  the  Coronilla 
securidica,  and  in  this  opinion  he  has  the  support 
of  Sibthorp.  Schneider,  however,  is  by  no  means 
satisfied  that  either  the  Coronilla  or  the  Bisserula 
answers  to  the  description  of  Dioscorides."2 

'HTEMONIA  AIKASTHP'IOT  (nysfiovia  dinaoTn- 
piov).      (Vid.  ElSAGOGEIS.) 

•EIPTMOT  TPA<i>H  (elpyfiov  ypa<p7j).  This  was 
an  action  for  false  imprisonment  of  a  free  citizen 
or  stranger,  and  keeping  such  person  in  private  cus- 
tody. There  are  no  orations  upon  this  subject  ex- 
tant, nor,  indeed,  any  direct  allusions  to  it  by  name ; 
but  it  is  hinted  at  as  a  remedy  that  might  have  been 
adopted  by  Agatharchus,  the  painter,  for  the  re- 
straint put  upon  his  personal  liberty  by  Alcibiades  ;3 
and  in  a  passage  of  Dinarchus,*  where  a  miller  is 
mentioned  to  have  incurred  capital  punishment  for 
a  like  offence.  The  thesmothetae  probably  presided 
in  the  court  before  which  offenders  of  this  kind 
were  brought  to  trial.5 

*HELENIUM  (tkeviov),  a  plant,  Scabwort  or  Ele 
campane,  Inula  Hclenium,  L.  "  Helcnium"  says  Lis. 
ter,  "Inula  Campana  Italis  dictum."  "It  is  proba- 
ble," remarks  Woodville,  "  that  the  Elecampane  ia 
the  Helenium  foliis  verbasci  of  Dioscorides,  and  the 
Inula  of  Pliny."     Sprengel  and  Dierbach  also  agree 

1.  (Theophrast.,  II.  P.,  vii.,  7. — Dioscor.,  iii.,  36.)— 2.  (Dioa 
cor.,  iii.,  136.— Adams,  Append.,  s.  v.)— 3.  (Andoc.,  c.  A'.cib.,  p 
H9.)_4.  (c.  I  em..  17.)— 5.  (Meier,  Att.  Proc.,  332.) 


HELLEBORUS. 


HELMIXS. 


hi  referring  it  to  the  Inula  Helenium,  L.  The  other 
species  described  by  Dioscorides  is  referred  by  Bau- 
hin  and  Sprengel  to  the  Teucrium  marum.1 

HELE'POLIS  (hlenolic).  When  Demetrius  Po- 
liorcetes  besieged  Salamis,  in  Cyprus,  he  caused  a 
machine  to  be  constructed  which  he  called  "  the  ta- 
ker of  cities."  Its  form  was  that  of  a  square  tow- 
er, each  side  being  90  cubits  high  and  45  wide.  It 
rested  on  four  wheels,  each  eight  cubits  high.  It 
was  divided  into  nine  stories,  the  lower  of  which 
contained  machines  for  throwing  great  stones,  the 
middle  large  catapults  for  throwing  spears,  and  the 
highest  other  machines  for  throwing  smaller  stones, 
together  with  smaller  catapults.  It  was  manned 
with  200  soldiers,  besides  those  who  moved  it  by 
pushing  the  parallel  beams  at  the  bottom.2 

At  the  siege  of  Rhodes,  306  B.C.,  Demetrius  em- 
ployed a  helepolis  of  still  greater  dimensions  and 
more  complicated  construction.  Besides  wheels,  it 
nad  castors  (avTLOTpeirTa),  so  as  to  admit  of  being 
moved  laterally  as  well  as  directly.  Its  form  was 
•yramidal.  The  three  sides  which  were  exposed 
to  attack  were  rendered  fireproof  by  being  covered 
with  iron  plates.  In  front,  each  story  had  port- 
holes, which  were  adapted  to  the  several  kinds  of 
nissiles,  and  were  furnished  with  shutters  that 
jould  be  opened  or  closed  at  pleasure,  and  were 
;nade  of  skins  stuffed  with  wool.  Each  story  had 
two  broad  flights  of  steps,  one  for  ascending,  the 
ether  for  descending.3  This  helepolis  was  con- 
structed by  Epimachus  the  Athenian  ;  and  a  much 
esteemed  description  of  it  was  written  by  Dioclides 
jf  Abdera.4  It  was,  no  doubt,  the  greatest  and  most 
remarkable  engine  of  the  kind  that  was  ever  erect- 
ed. In  subsequent  ages  we  find  the  name  of  "  hele- 
polis" applied  to  moving  towers  which  carried  bat- 
tering-rams, as  well  as  machines  for  throwing  spears 
and  stones.5  Towers  of  this  description  were  used 
to  destroy  the  walls  of  Jerusalem  when  it  was  taken 
bv  the  Romans.6     (Vid.  Aries,  Tokmextum.) 

HELLEA.     (Vid.  Dicasterion.) 

HELIOCAMI'NUS.     (Vid.  House.) 

*HELIOTROP'IUM  (rjliorpovcLov),  I.  a  plant,  the 
Heliotrope,  or  Great  Turnsole,  Heliotropium  Euro- 
pium, L.  This  is  the  species  called  \itya  by  Dios- 
corides. Sprengel  joins  Lobelius  and  Gesner  in  re- 
ferring the  other  species,  or  ijXioTpoTuov  fiinpov,  to 
the  Croton  tinctorius.1 

II.  A  precious  stone,  the  Heliotrope  of  Jameson. 
It  is  a  sub-species  of  Jasper.8 

*HELIX.     (Fu*.Hedera.) 

HELLANO'DIC.E  ('EAlavodtKat),  the  judges  in 
the  Olympic  games,  of  whom  an  account  is  given 
under  Olympic  Games.  The  same  name  was  also 
given  to  the  judges,  or  court-martial  in  the  Lacedae- 
monian army  ;9  and  they  were  probably  first  called 
by  this  name  when  Sparta  was  at  the  head  of  the 
Greek  confederacy. 

*HELLEB'ORUS  (e?2e6opoc),  Hellebore,  a  cele- 
brated remedy  among  the  ancients  for  the  cure  of 
insanity.  Two  kinds  are  spoken  of,  namely,  the 
white  and  the  black  (Xevkoc  and  fieXac),  but  as  to 
the  identity  of  the  plant  itself  much  discussion  has 
arisen.  "  Modern  authorities  on  Botany,"  observes 
Adams,  "  differ  widely  in  opinion  respecting  the 
white  Hellebore  of  the  ancients.  Sibthorp  most 
unaccountably  decides  it  to  have  been  the  Digitalis 
fcrruginea.  Schulze,  who  is  too  prone  to  skeptical 
doubts  on  botanical  questions,  expresses  himself 


1.  (Theophrast.,  H.  P.,  vi.,  11.— Dioscor.,  i.,  27,  28.— Adams, 
Append.,  8.  v.)— 2.  (Diod.  Sic,  xx.,  48.)— 3.  (Diod.  Sic,  xx.,  91. 
—Compare  Vitroy.,  x.,  22.) — 4.  ( Athen.,  v.,  40.) — 5.  (Amm.  Mar- 
mIL,  xxiii. — Aijathiai,  i.,  18,  p.  30,  ed.  Ven. — Nicet.  Chonn.,  Jo. 
Comnenus,  p.  14,  B.)— <5.  (Jos.,  B.  J.,  ii.,  19,  $  9.— Id.  ib.,  iii.,  6, 
$  2.)—".  (Dioscor.,  iv.,  190,  191. — Paul.  iEgin.,  vii.,  3. — Adams, 
Append.,  •■  v.) — 8.  (Adams,  Append  ,  s  v.) — 9.  (Xen.,  Rep  Lac, 
Kill.,  11.) 


with  great  hesitation  regarding  it,  but,  upon  tne 
whole,  inclines  to  the  Adonis  vernalis.  Woodville 
and  Dierbach  are  quite  undecided.  On  the  other 
hand,  Matthiolus,  Dcdonas.us,  Bauhin,  Hill,  and 
Stackhouse,  find  no  difficulty  in  recognising  it  as 
the  Veratrum  album,  L.  Geoffroy  also,  no  mean 
authority  on  these  subjects,  maintains  that  the  de- 
scription of  Dioscorides  agrees  very  well  with  the 
characters  of  the  white  Hellebore.  And  from  the 
similarity  of  the  effects  produced  by  the  adminis- 
tering of  the  k.  Xevkoc,  as  described  by  the  ancient 
writers  on  Toxicology,  to  the  known  effects  of  the 
Veratrum  album,  I  had  no  hesitation,  some  time  ago, 
in  recognising  their  identity  ;  and  it  now  gives  me 
pleasure  to  discover  that  Sprengel,  in  his  Annota- 
tions on  Dioscorides,  comes  to  the  same  conclus;on. 
I  had  called  the  attention  ot  the  profession  to  this 
fact  in  the  London  Medical  and  Physical  Journal, 
July,  1828  ;  about  eighteen  months  afterward,  the 
Savadilla  veratrum,  a  Mexican  species  of  Hellebore, 
was  much  cried  up  in  this  case. — The  eX2,e6opoc  fxi?.- 
ac,  or  Black  Hellebore,  is  marked  as  being  the  H. 
Oricntalis,  Lam.  Is  it  not  a  variety  of  the  Hellebo- 
rus  niger,  L.  1  This  plant  is  the  Christmas  Rose 
of  this  country."1 

*HELLEBORI'NE  (k7J,e6opivv),  a  plant,  which 
Sprengel  suggests  is  the  Hellcborus  foztidus  ;  Stack- 
house,  the  Serapias  Helleborine.     "  The  latter,"  re- 
marks Adams,  "  is  the  same,  I  suppose,  as  the  Epi 
pactus  ensifolia  of  Hooker."2 

HELLENOTA'MLE  ('EUTjvora/iLac),  or  treasu- 
rers of  the  Greeks,  were  magistrates  appointed  by 
the  Athenians  to  receive  the  contributions  of  the 
allied  states.  They  were  first  appointed  B.C.  477, 
when  Athens,  in  consequence  of  the  conduct  of 
Pausanias,  had  obtained  the  command  of  the  allied 
states.  The  money  paid  by  the  different  states, 
which  was  originally  fixed  at  460  talents,  was  de- 
posited in  Delos,  which  was  the  place  of  meeting 
for  the  discussion  of  all  common  interests ;  and 
there  can  be  no  doubt  that  the  hellenotamise  not 
only  received,  but  were  also  the  guardians  of  these 
moneys,  which  are  called  by  Xenophon3  'ElXrjvora- 
fiia*  The  office  was  retained  after  the  treasury 
was  transferred  to  Athens  on  the  proposal  of  the 
Samians,5  but  was,  of  course,  abolished  on  the  con- 
quest of  Athens  by  the  Lacedaemonians.  The  hel- 
lenotamiae  were  not  reappointed  after  the  restora- 
tion of  the  democracy,  for  which  reason  the  gram- 
marians afford  us  little  information  respecting  their 
duties.  Bockh,  however,  concludes  from  inscrip- 
tions that  they  were  probably  ten  in  number,  chosen 
by  lot,  like  the  treasurers  of  the  gods,  out  of  the 
Pentacosiomedimni,  and  that  they  did  not  enter 
upon  their  office  at  the  beginning  of  the  year,  but 
after  the  Panathenaea  and  the  first  Prytaneia.  With 
regard  to  their  duties,  Bockh  supposes  that  they  re- 
mained treasurers  of  the  moneys  collected  from  the 
allies,  and  that  payments  for  certain  objects  were 
assigned  to  them.  In  the  first  place,  they  would, 
of  course,  pay  the  expenses  of  wars  in  the  common 
cause,  as  the  contributions  were  originally  designed 
for  that  purpose ;  but  as  the  Athenians,  in  course 
of  time,  considered  the  money  as  their  own  proper- 
ty, the  Hellenotamiae  had  to  pay  the  Theorica  and 
military  expenses  not  connected  with  wars  on  be- 
half of  the  common  cause.6 

HELLO'TIA.     (Vid.  Ellotia.) 

*HELMINS  (elfiivc)  This  term,  standing  alone, 
is  applied  to  intestinal  worms  in  general.     The  e%- 

1.  (Theophrast.,  II.  P.,  ix.,  11.— Nicand.,  Alex.,  483.— Dios- 
cor., iv.,  150, 151. — Paul.  JEg'm.,  vii.,  3. — Adams,  Append.,  s.  v.J 
— 2.  (Theophrast.,  II.  P.,  ix.,  11. — Adams,  Append.,  s.  v.) — 3 
(De  Vectig.,  v.,  5.)— 4.  (Thucyd.,  i.,  90.— Plut.,  Arist.,  24.— Au 
doc,  De  Pace,  p.  107.)  —5.  (Plut.,  Aristid.,  25.— Diod.  Sic,  xn., 
38.)— 6.  (Bockh.  Corp.  Inscript.,  No.  147.— Id.,  Publ.  Ecoa  of 
Athens  i.,  p.  236.) 

4fli 


HELOTES. 


HEMEROCALLIS. 


puv£  tr?.dreia  is  the  Tania  lata,  Theophrastus  says 
it  is  congenital  in  some  countries,  as  Egypt.  The 
medical  authorities  describe  the  Dracunculus,  or 
Guinea-worm,  which  the  Greeks  call  dpaKovriov, 
and  the  translators  of  the  Arabians  vena  medinensis. 
(Vid.  Eulai.) 

HELO'TES  (ElXorec)  were  a  class  of  bondsmen 
peculiar  to  Sparta.  Different  etymologies  are  given 
of  their  name.  The  common  account  is,  that  they 
were  originally  the  people  of  the  town  of  Helos,  in 
Laconia,  and  that  they  were  reduced  to  bondage 
after  an  unsuccessful  revolt  against  the  Spartans.1 
Out  the  people  of  "Eloc  were  not  called  ElXurec, 
but  'Elelot2  or  'EXedrat.3  The  name  has  been  also 
derived  from  eXn,  marshes,  as  it  signified  inhabitants 
of  the  lowlands.  But  Midler  seems  to  be  nearer  the 
mark  in  explaining  elXurec  as  meaning  prisoners, 
from  the  root  of  klelv,  to  take,  like  d/uuec  from  the 
root  of  dafj.au.  The  ancient  writers  considered  them 
to  be  Achasans,  who  had  resisted  the  Dorian  inva- 
ders to  the  last,  and  had  been  reduced  to  slavery  as 
the  punishment  of  their  obstinacy.*  Midler,  how- 
ever, supposes  that  they  were  an  aboriginal  race, 
which  was  subdued  at  a  very  early  period,  and 
which  immediately  passed  over  as  slaves  to  the 
Doric  conquerors.  But  this  theory,  as  Thirlwall 
has  observed,  does  not  account  for  the  hereditary 
enmity  between  them  and  their  masters ;  for,  unless 
they  lost  their  liberty  by  the  Dorian  conquest,  there 
is  no  probability  that  it  placed  them  in  a  worse  con- 
dition than  before. 

The  Helots  were  regarded  as  the  property  of  the 
state,  which,  while  it  gave  their  services  to  individ- 
uals, reserved  to  itself  the  power  of  emancipating 
them.5  They  were  attached  to  the  land,  and  could 
not  be  sold  away  from  it.  Several  families,  as  many, 
perhaps,  as  six  or  seven,  resided  on  each  Klijpoe,  in 
dwellings  of  their  own.  They  cultivated  the  land, 
and  paid  to  their  masters  as  rent  a  fixed  measure  of 
corn,  the  exact  amount  of  which  had  been  fixed  at 
a  very  early  period,  the  raising  of  that  amount  being 
forbidden  under  heavy  imprecations.6  The  annual 
rent  paid  for  each  K?^poc  was  eighty-two  medimni 
of  barley,  and  a  proportionate  quantity  of  oil  and 
wine.7  Besides  being  engaged  in  the  cultivation  of 
the  land,  the  Helots  attended  on  their  masters  at 
the  public  meal,  and  many  of  them  were,  no  doubt, 
employed  by  the  state  in  public  works. 

In  war  the  Helots  served  as  light-armed  troops 
(iptkoL),  a  certain  number  of  them  attending  every 
heavy-armed  Spartan  to  the  field ;  at  the  battle  of 
Plataea  there  were  seven  Helots  to  each  Spartan.8 
These  attendants  were  probably  called  ap.7riTTapeg 
(i.  c,  apKpiGTavTeg9),  and  one  of  them,  in  particular, 
the  #Epa7njv,  or  servant ;'  °  though  -Qepu-Kuv  was 
also  used  by  the  Dorians  as  a  general  name  for  arm- 
ed slaves.  The  Helots  only  served  as  hoplitae  in 
particular  emergencies,  and  on  such  occasions  they 
were  generally  emancipated.  The  first  instance  of 
this  kind  was  in  the  expedition  of  Brasidas,  B.C. 
424. " 

The  treatment  to  which  the  Helots  were  subject- 
ed, as  described  by  the  later  Greek  writers,  is  mark- 
ed by  the  most  wanton  cruelty.  Thus  Myron  states 
that  "  the  Spartans  impose  upon  them  every  igno- 
minious service,  for  they  compel  them  to  wear  a 
cap  of  dog's  skin,  and  to  be  clothed  with  a  garment 
of  sheep's  skin,  and  to  have  stripes  inflicted  upon 
them  every  year  for  no  fault,  that  they  may  never 
forget  that  they  are  slaves.     And,  besides  all  this,  if 


1.  (Paus.,  iii.,  20,  t>  6.)  —  2.  (Strab.,  viii.,  561.)  —  3.  (Athen., 
vi.,  102,  p.  271.)— 4.  (Theopomp.,  ap.  Athen.,  vi.,  88,  p.  265.)— 
5.  (Ephorus,  ap.  Strab.,  viii.,  p.  365. —  Paus.,  iii.,  20,  6.)—6. 
(Plut.,  Inst.  Lac,  p.  255.)— 7.  (Plat.,  Lye,  8,  24.)— 8.  (Herod., 
ix.,  10,  28.)— 9.  (Hesych.,  s.  v.)— 10.  (Herod.,  vii.,  229.— Sturz, 
[.ex.  Xen.,  s.  v.)— 11.  (Thucyd .,  iv.,  8/?.— Id.,  v.,  34.— Id.,  vii.,  19.) 
492 


any  rise  by  their  qualities  above  the  condition  of  a 
slave,  they  appoint  death  as  the  penalty,  and  their 
masters  are  liable  to  punishment  if  they  do  not  de- 
stroy the  most  excellent."1  And  Plutarch3  states 
that  Helots  were  forced  to  intoxicate  themselves, 
and  perform  indecent  dances  as  a  warning  to  the 
Spartan  youth.  These  descriptions  are  probably 
exaggerated  ;  but  we  have  abundant  evidence,  hi 
addition  to  the  direct  assertion  of  Thucydides,3  that 
the  Spartans  always  regarded'  the  Helots  with  the 
greatest  suspicion.  Every  means  was  taken  to 
mark  the  distinction  between  them  and  their  mas- 
ters :  they  were  obliged  to  wear  the  rustic  garb  de- 
scribed above,  and  they  were  not  permitted  to  sing 
one  of  the  Spartan  songs.*  That  the  cruelty  of 
their  masters  knew  no  restraint  when  it  was  stimu- 
lated by  fear,  is  manifest  enough  from  the  institu- 
tion of  the  KpvTCTeia  (vid.  Crypteia),  and  from  the 
fact  related  by  Thucydides,  that  on  one  occasion, 
two  thousand  of  the  Helots,  who  had  rendered  the 
greatest  service  to  the  state  in  war,  were  induced  to 
come  forward  by  the  offer  of  emancipation,  and  then 
were  put  to  death.5 

At  the  end  of  the  second  Messenian  war  (B.C. 
668),  the  conquered  Messenians  wrere  reduced  to 
slavery,  and  included  under  the  denomination  of 
Helots.  Their  condition  appears  to  have  been  the 
same,  with  some  slight  differences,  as  that  of  the 
other  Helots  ;  but  they  appear  to  have  been  distin- 
guished by  the  remembrance  of  their  freedom,  and 
a  readiness  to  seize  any  opportunity  of  regaining  it, 
in  which  they  at  length  succeeded,  after  the  battle 
of  Leuctra.6 

The  Helots  might  be  emancipated,  but  there  were 
several  steps  between  them  and  the  free  citizen ; 
and  it  is  doubtful  whether  they  were  ever  admitted  to 
all  the  privileges  of  citizenship.  Myro1  enumerate? 
the  following  classes  of  emancipated  Helots  :  afa 
raiy  adeanoTOi,  kpvKTrjpee,  deajroaiovavrai  and  veoda 
(i65e^.  Of  these  the  iKberai  were  probably  releasee 
from  all  service ;  the  epvKTijpee  were  those  employ- 
ed in  war  (vid.  Erycteres)  ;  the  •  decrrocu ovavrai 
served  on  board  the  fleet ;  and  the  veoda/uudeic  were 
those  who  had  been  possessed  of  freedom  for  some 
time.  Besides  these,  there  were  the  /uoduvec  or  fio- 
danec,  who  were  domestic  slaves,  brought  up  with 
the  young  Spartans,  and  then  emancipated.  Upon 
being  emancipated,  they  received  permission  to 
dwell  where  they  wished.  (Compare  Civitas, 
Greek,  p.  260.) 

(Muller,  Dorians,  iii.,  3. — Thirlwall,  Greece,  vol.  i., 
p.  309. — Hermann,  Political  Antiquities  of  Greece, 
§  19,  24,  28,  30,  48.— Wachsmuth,  Hellen.  Alterth., 
I.,  i.,  217,  19  ;  ii.,  59,  104,  209,  211,  370-1 ;  II.,  i., 
361.) 

♦HELXFNE  (el£tvy),  a  plant,  of  which  Dioscor- 
ides  describes  two  species  :  the  latter  of  these  is  the 
Pellitory  of  the  Wall,  or  Parietaria  officinalis ;  the 
former  is  referred  by  Bauhin  and  others  to  the  Con- 
volvulus arvensis,  or  Gravel-bind. 6 

HEM'ERA.     (Vid.  Dies.) 

*HE'MERIS  (rj/xeplc),  the  Greek  name  given  by 
Theophrastus  to  the  Quercus  robur.  (Vid.  Quer- 
cus.)9 

*HEMEROCALLES  (v/uepoKaUec).  Sprengel,  in 
the  first  edition  of  his  R.  H.  H.,  sets  this  plant  down 
for  the  Pancratium  inaritimum,  having  adopted  the 
opinion  of  Lobel  and  Bauhin ;  but  in  the  second 
edition  he  holds  it  to  be  the  Lilium  Maccdonicum.10 

*HEMEROCALLIS  (fyepoicaMis),  a  plant.    "  The 


1.  (Athen.,  xi v.,  74,  p.  657.)— 2.  (Lye,  28.)— 3.  (iv.,  80.)— 4. 
(Plut.,  Lye,  28.)— 5.  (Thucyd.,  iv.,  80.)  —6.  (Vid.  Thirlwall't 
Greece,  v.,  p.  103.)  —  7.  (Myro,  ar.  Athen.,  vi.,  p.  271,  F.)  —  8. 
(Dioscor.,  iv.,  39  and  86. — Paul.  ^Egin.,  vii.,  3. — Adams,  Ap- 
pend., s.  v.)— 9.  (Theophrast.,  iii ,  8.)— 10.  (Theophrast.,  H  P 
v.,  6. — Adams,  Append.,  s.  v.) 


HEiLEA. 


HERES. 


earner  commentators,"  says  Adams,  "had  remarked 
that  the  rjfiepoKaTJdc  of  Dioscorides  is  different  from 
that  of  Theophrastus.  The  H.  of  Dioscorides  is 
referred  by  Matthiolus  to  the  Lilium  bulbiferum,  and 
by  Dodonaeus  to  the  L.  Martagon.  Sprengel  seems 
to  prefer  the  former.  Sibthorp  marks  it  as  the  Lil- 
ium Chalccdonicum."1 

HE'MINA.     (Vid.  Cotyla.) 
*HEMI'ONUS.     (Vid.  Mums.) 
•ENAEKA,  '01.     (Vid.  Eleven,  the.) 
*HE'PATIS  (ij-aric,  or  uteri  rinarlrig),  the  well- 
known  species  of  Aloes  called  Hepatic.     Dioscori- 
des calls  this  species  to  JiTrari&v.* 

•HE'PATUS  (vrrarog),  the  name  of  a  fish  briefly 
noticed  by  Aristotle,  iElian,  and  Athenaeus.  "Ar- 
tedi  and  Rondelet  say  it  is  the  fish  called  seipurus 
by  the  modern  Greeks  ;  but  this  opinion  is  rejected 
by  Coray,  who,  however,  decides  upon  nothing  satis- 
factory respecting  it.  Camus,  in  his  notes  on  Aris- 
totle, concludes  that  it  was  the  Ostrea  margaritife- 
ra,  but  Schweighaeuser  rejects  this  opinion  also. 
Schneider,  upon  the  whole,  inclines  to  think  that  it 
ought  to  be  referred  to  the  genus  Gadus."3 
HEPHAISTEIA.  (Vid.  Lampadephoria.) 
*HPAKAEI'A  AI60S  (i/paKteia  Woe),  an  appel- 
lation given  by  some  of  the  Greek  writers  to  the 
Iioadstone.  Sir  J.  Hill  thinks  it  Was  also  applied  to 
the  Lydian  stone  ;  "  but  the  passage  of  Theophras- 
tus on  which  he  founds  his  opinion  is,"  remarks 
Adams,  "of  equivocal  meaning;  in  fact,  his  own 
reading  will  not  bear  the  interpretation  which  he 
gives  it.  And  there  can  be  no  doubt,  from  a  pas- 
sage in  Aetius,  that  our  Loadstone  was  indiscrimi- 
nately called  fiayvr}<;  and  qpanTieia  3i0oc."* 

HER^EA  (Upala)  is  the  name  of  festivals  cele- 
brated in  honour  of  Hera  in  all  the  towns  of  Greece 
where  the  worship  of  this  divinity  was  introduced. 
The  original  seat  of  her  worship,  from  which  it 
spread  over  the  other  parts  of  Greece,  was  Argos  ; 
whence  her  festivals  in  other  places  were,  more  or 
less,  imitations  of  those  which  were  celebrated  at 
Argos.5  The  Argives  had  three  temples  of  Hera : 
one  lay  between  Argos  and  Mycenae,  45  stadia  from 
Argos ;  the  second  lay  on  the  road  to  the  Acropo- 
lis, and  near  it  was  the  stadium  in  which  the  games 
and  contests  at  the  Heraea  were  held  ;6  the  third 
was  in  the  city  itself.7  Her  service  was  performed 
by  the  most  distinguished  priestesses  of  the  place ; 
one  of  them  was  the  high-priestess,  and  the  Argives 
counted  their  years  by  the  date  of  her  office.9  The 
Heraea  of  Argos  were  celebrated  every  fifth  year, 
and,  according  to  the  calculation  of  Bockh,9  in  the 
middle  of  the  second  year  of  every  Olympiad.  One 
of  the  great  solemnities  which  took  place  on  the 
occasion  was  a  magnificent  procession  to  the  great 
Temple  of  Hera,  between  Argos  and  Mycenae.  A 
vast  number  of  young  men — for  the  festival  is  call- 
ed a  panegyris — assembled  at  Argos,  and  marched 
in  armour  to  the  temple  of  the  goddess.  They 
were  preceded  by  one  hundred  oxen  (enarofjidn, 
whence  the  festival  is  also  called  tuaTo/uSata).  The 
high-priestess  accompanied  this  procession,  riding 
in  a  chariot  drawn  by  two  white  oxen,  as  we  see 
from  the  story  of  Cleobis  and  Biton  related  by  He- 
rodotus10 and  Cicero.11  The  100  oxen  were  sacri- 
ficed, and  their  flesh  distributed  among  all  the  citi- 
zens.12   The  sacrifice  itself  was  called  texepva,13  or 

1.  (Dioscor.,  in.,  126. — Adams,  Append.,  s.  v.) — 2.  (Geopon., 
Ti.,  6. — Adams,  Append.,  s.  v.) — 3.  (Aristot.,  H.  A.,  ii. — JSIian, 
N.  A.,  ix.,  38. — Id.  ib.,  xv.,  11. — Athenseus,  iii.,70. — Id.,  vii.,  61. 
Schweigh.  ad  Athen.,  1.  c. — Adams,  Append.,  s.  v.) — 4.  (Theo- 
phrast.,  De  Lapid.,  10,  74.— Hill  ad  Theophrast.,  p.  178.— Aeti- 
us, Tet.,  i.,  s.  ii.,  c.  25. — Adams,  Append.,  s.  v.) — 5.  (Miiller,  Dor., 
ii.,  10,  9  1.)— 6.  (Paus.,  ii.,  24,  $  2.)— 7.  (Paus.,  ii.,  22,  9  1.)— 8. 
<Thucyd.,  ii.,  2.)— 9.  (Abhandl.  der  Berl.  Akad.,  von  1818-19, 
p.  92.)- 10.  (i.,31.)— 11.  (Tuscul.,i.,47.)— 12.  (Schol.  ad  Pind., 
01..  Tit,  152,  and  ad  Nem.,  x.,  39.  >— 13.  (Hesych.,  •.  v.) 


"the  bed  of  twigs."1  The  games  and  contests  of 
the  Heraea  took  place  in  the  stadium,  near  the  tem- 
ple on  the  road  to  the  Acropolis.  A  brazen  shield 
was  fixed  in  a  place  above  the  theatre,  which  was 
scarcely  accessible  to  any  one,  and  the  young  man 
who  succeeded  in  pulling  it  down  received  the  shield 
and  a  garland  of  myrtle  as  his  prize.  Hence  Pin- 
dar2 calls  the  contest  uyiov  ^a/Ueo^.  It  seems  that 
this  contest  took  place  before  the  procession  went 
out  to  the  Heraeon,  for  Strabo3  states  that  the  victor 
went  with  his  prizes  in  solemn  procession  to  that 
temple.  This  contest  was  said  to  have  been  insti- 
tuted, according  to  some  traditions,  by  Acrisius  and 
Prcetus,*  according  to  others  by  Archinos.5 

The  Heraea  or  Hecatombeea  of  ^Egina  were  cel- 
ebrated in  the  same  manner  as  those  of  Argos.6 

The  Heraea  of  Samos,  which  island  also  derived 
the  worship  of  Hera  from  Argos,7  were  perhaps 
the  most  brilliant  of  all  the  festivals  of  this  divinity. 
A '  magnificent  procession,  consisting  of  maidens 
and  married  women  in  splendid  attire,  and  with 
floating  hair,8  together  with  men  and  youths  in  ar- 
mour,9 went  to  the  Temple  of  Hera.  After  they 
arrived  within  the  sacred  precincts,  the  men  depos- 
ited their  armour,  and  prayers  and  vows  were  offer- 
ed up  to  the  goddess.  Her  altar  consisted  of  the 
ashes  of  the  victims  which  had  been  burned  to  her.10 

The  Heraea  of  Elis  were  celebrated  every  fifth 
year,  or  in  the  fourth  year  of  every  Olympiad.11 
The  festival  was  chiefly  celebrated  by  maidens,  and 
conducted  by  sixteen  matrons,  who  wove  the  sacred 
peplus  for  the  goddess.  But,  before  the  solemnities 
commenced,  these  matrons  sacrificed  a  pig,  and  pu- 
rified themselves  in  the  well  Piera.12  One  of  the 
principal  solemnities  was  a  race  of  the  maidens  in 
the  stadium,  for  which  purpose  they  were  divided 
into  three  classes,  according  to  their  age.  The 
youngest  ran  first,  and  the  oldest  last.  Their  only 
dress  on  this  occasion  was  a  ^trwv,  which  came 
down  to  the  knee,  and  their  hair  was  floating.  She 
who  won  the  prize  received  a  garland  of  olive- 
boughs,  together  with  a  part  of  a  cow  which  was 
sacrificed  to  Hera,  and  might  dedicate  her  own 
painted  likeness  in  the  temple  of  the  goddess.  The 
sixteen  matrons  were  attended  by  as  many  female 
attendants,  and  performed  tw7o  dances  ;  the  one 
called  the  dance  of  Physcoa,  the  other  the  dance  of 
Hippodameia.  Respecting  farther  particulars,  and 
the  history  of  this  solemnity,  see  Paus.,  v.,  16,  §  2, 
&c. 

Heraea  were  celebrated  in  various  other  places ; 
e.g.,  in  Cos,13  at  Corinth,14  at  Athens,15  at  Cnossus 
in  Crete.16 

HERE'DITAS.     (Vid.  Heres,  Roman.) 

HERES  (GREEK).  The  Athenian  laws  of  in- 
heritance are  to  be  explained  under  this  title.  The 
subject  may  be  divided  into  five  parts,  of  which  we 
shall  speak :  1st,  of  personal  capacity  to  inherit ; 
2dly,  of  the  rules  of  descent  and  succession  ;  3dly, 
of  the  power  of  devising ;  4thly,  of  the  remedies  of 
the  heir  for  recovering  his  rights  ;  5thly,  of  the  ob- 
ligations to  which  he  succeeded. 

I.  Of  Personal  Capacity  to  Inherit. — To  obtain  the 
right  of  inheritance  as  well  as  citizenship  (uyxiareia 
and  iroltTeia),  legitimacy  was  a  necessary  qualifica- 
tion. Those  children  were  legitimate  who  were 
born  in  lawful  wedlock.17  The  validity  of  a  mar- 
riage depended  partly  on  the  capacity  of  the  con- 

1.  (Compare  Welcker  on  Sclrwenck's  Etymologische  Andeu- 
tungen,  p.  268.)— 2.  (Nem.,  x.,  41.)— 3.  (viii.,  p.  556.)— 4.  {JEW- 
an,  V.  H.,  iii.,  24.)— 5.  (Schol.  ad  Pind.,  01.,  vii.,  152.)— 6. 
(Schol.  ad  Pind.,  Isthm.,  viii.,  114.— Miiller,  JEgiwit.,  p.  149.)— 
7.  (Paus.,  viii.,  4,  9  4.) — 8.  (Asins  ap.  Athen.,  xii.,  p  525.)— 9. 
(Polyaen.,  Strat.,  i.,  23.— Id.  ib.,  vi.,  45.)— 10.  (Paus.,  v,  13,  $ 
5.)— 11.  (Corsini,  Dissert.,  iii.,  30.)— 12.  (Pans.,  v..  16,  9  5.)— 
13.  (Athen.,  xiv.,  p.  639.— Id.,  vi.,  p.  262.)— 14.  (Eurip.,  Med., 
1379.— Philostr.,  Her.,  xix.,  14.)— 15.  (Plut..  Quacst.  Rom.,  vii.. 
168.)— 16.  (Diod.  Sic,  v.,  72     -17.  (Demosth.,  c.  Nea;r.,  1386.1 

403 


HERES. 


HERES-. 


iracting  parties,  partly  on  the  nature  of  the  con- 
tract. On  the  first  point  little  needs  to  be  noticed 
here,  except  that  brother  and  sister  by  the  same 
mother  were  forbidden  to  marry ;  but  consanguini- 
ty in  general  was  so  far  from  being  deemed  an  ob- 
jection, that  marriage  between  collateral  relations 
was  encouraged,  in  order  to  keep  the  property  in 
the  family.1  The  contract  was  made  by  the  hus- 
band with  the  father,  brother,  or  other  legal  guardi- 
an (icvpioc)  of  the  intended  wife  ;  then  only  was  she 
properly  betrothed  (eyyvnr^).  An  heiress,  however, 
was  assigned  or  adjudged  to  the  next  of  kin  (kmdi- 
naadelaa)  by  process  of  law,  as  explained  under 
Epiclerus.2  No  ceremony  was  necessary  to  ratify 
the  contract ;  but  it  was  usual  to  betroth  the  bride 
in  the  presence  of  witnesses,  and  to  give  a  marriage 
feast}  and  invite  the  friends  and  relatives,  for  the 
sake  of  publicity.3  A  marriage  without  proper  es- 
pousals was  irregular  ;  but  the  issue  lost  their  herit- 
able rights  only,  not  their  franchise  ;  and  the  former, 
it  seems,  might  be  restored,  if  the  members  of  their 
father's  clan  would  consent  to  their  being  register- 
ed.* As  it  was  necessary  for  every  man  to  be  en- 
rolled in  his  clan  in  order  to  obtain  his  full  civil 
rights,  so  was  the  registration  the  best  evidence  of 
legitimacy,  and  the  (ppuropec  and  ovyyevelc  were 
usually  called  to  prove  it  in  courts  of  justice.8  For 
farther  particulars,  see  Platner,  Beitrdge,  104,  &c. 
— Wachsmuth,  i.,  2,  31,  and  148  ;  ii.,  1,  204,  &c— 
Schomann,  Ant.  J.  P.  Gr.,  v.,  19,  21,  88. 

II.  Of  the  Rules  of  Descent  and  Succession. — Here 
we  would  premise  that,  as  the  Athenian  law  made 
no  difference,  in  this  respect,  between  real  and  per- 
sonal estate,  the  words  heir,  inherit,  &.c,  will  be  ap- 
plied indiscriminately  to  both.  When  an  Athenian 
died  leaving  sons,  they  shared  the  inheritance,  like 
our  heirs  in  gavelkind,  and  as  they  now  do  in 
France  ;6  a  law  no  less  favourable  to  that  balance 
of  property  which  Solon  meant  to  establish,  than 
the  law  of  primogeniture  was  suited  to  the  military 
eristocracies  created  in  the  feudal  times.  The  only 
Ed  vantage  possessed  by  the  eldest  son  was  the  first 
choice  in  the  division.7  If  there  was  but  one  son, 
he  took  the  whole  estate ;  but  if  he  had  sisters,  it 
was  incumbent  on  him  to  provide  for  them,  and 
give  them  suitable  marriage  portions  ;  they  were 
then  called  eirlirpoLKoi.9  There  was  no  positive 
law  making  it  imperative  on  a  brother  to  give  his 
sister  a  portion  of  a  certain  amount ;  but  the  moral 
obligation  to  assign  her  a  fortune  corresponding  to 
his  own  rank  was  strengthened  by  custom  and  pub- 
lic opinion,  insomuch  that,  if  she  was  given  in  mar- 
riage portionless,  it  was  deemed  a  slur  upon  her 
character,  and  might  even  raise  a  doubt  of  her  le- 
gitimacy.9 

On  failure  of  sons  and  their  issue,  daughters 
and  daughters'  children  succeeded  (as  to  the  law 
concerning  heiresses,  vid.  Epiclerus)  ;  and  there 
seems  to  have  been  no  limit  to  the  succession  in 
the  descending  line.10  If  the  deceased  left  grandsons 
by  different  sons,  it  is  clear  that  they  would  take 
the  shares  of  their  respective  fathers.  So  if  he  had 
a  granddaughter  by  one  son,  and  a  grandson  by  an- 
other, the  latter  would  not  exclude  the  former,  as  a 


1.  (Andoc,  De  Myst.,  119.— Id.,  c.  Alcib.,  33,  ed.  Bekker.— 
Lys.,  c.  Ale,  41,  ed.  Bekker. — Demosth.,  c.  Leoch.,  1083. — Id., 
c.  Eubul.,  1305.— Plut.,  Cimon,  4.— Id.,  Themist.,  32.)— 2.  (Isae- 
us, De  Cir.  hsered.,  26. — Id.,  De  Philoct.  haered.,  19,  ed.  Becker. 
—Demosth.,  Pro  Phorm.,  954.— Id.,  c.  Steph.,  1134.)— 3.  (Isae- 
us, De  Cir.  haered.,  18. — Demosth.,  c.  Onet.,  869. — Id.,  c.  Eubul., 
1311.  1312.)— 4.  (Ismus,  De  Philoct.  haered.,  29-33.)— 5.  (Andoc, 
De  Myst.,  127,  ed.  Becker. — Isaeus,  De  Cir.  htered.,  26. — Id.,  De 
Philoct.,  13.— Demosth.,  c.  Eubul.,  1305,  &c.)— 6.  (Isreus,  De 
Philoct.  haered.,  32.)— 7.  (Demosth.,  Pro  Phorm.,  947.)— 8.  (Har- 
pocr.,  s.  v.  'Eirto't/coj.) — 9.  (Isaeus,  De  Pyrrh.  haered.,  40. — Lys., 
De  Arist.  bon.,  16,  ed.  Becker. — Demosth.,  c.  Bceot.  de  dote, 
1014.)— 10.  (Isaeus,  De  Cir.  haered.,  39-46.— Id.,  De  Pyrrh.  haered., 
M.  -Id.,  De  Philoct.,  3S,  67.— Demosth.,  c  Macart.,  1057, 1058.) 
494 


brother  would  a  sister,  but  both  would  bhare  alike. 
Of  this  there  is  no  direct  evidence;  but  it  follows 
from  a  principle  of  Attic  law,  by  which,  on  the  birth 
of  a  son,  his  title  to  his  father's  inheritance,  or  to  a 
share  thereof,  immediately  accrued  ;  if  then  he  died 
before  his  father,  but  leaving  issue,  they  claimed 
their  grandfather's  inheritance  as  representing  him. 
It  was  otherwise  with  daughters.  Their  title  did 
not  thus  accrue  ;  and,  therefore,  it  was  the  practice 
for  the  son  of  an  heiress  to  be  adopted  into  his  ma- 
ternal grandfather's  house,  and  to  become  his  son 
in  point  of  law.  Farther  (as  will  presently  be 
shown),  the  general  preference  of  males  to  females 
did  not  commence  till  the  deceased  father's  de- 
scendants were  exhausted. 

On  failure  of  lineal  descendants,  the  collateral 
branches  were  resorted  to.  And  first  came  the 
issue  of  the  same  father  with  the  deceased,  viz., 
brothers  and  brothers'  children,  the  children  of  a 
deceased  brother  taking  the  share  of  their  father  ;l 
and  after  them,  sisters  and  sisters'  children,  among 
whom  the  principle  of  representation  also  prevail 
ed  ;a  but  whether  sisters'  children  took  per  stirpes 
or  per  capita,  does  not  appear. 

Next  come  the  descendants  of  the  same  grand 
father  with  the  deceased ;  cousins  and  cousins' 
children.  Here  the  law  declared  that  males  and 
the  issue  of  males  should  be  preferred  to  females 
and  their  issue.3  Thus  the  son  of  an  uncle  would 
exclude  the  son  of  an  aunt,  while  the  son  of  an 
aunt  would  exclude  the  daughter  of  an  uncle.  On 
the  same  principle,  Isaeus*  contends  that  the  son  of 
a  female  first  cousin  prevented  his  mother's  sister 
from  inheriting,  although  he  was  farther  removed 
from  the  deceased  (yevei  aTcorepo)  by  one  degree. 
This  preference,  however,  was  confined  to  those 
who  were  descended  from  the  same  common  an 
cestor,  that  is  to  say,  from  the  grandfather  of  the 
deceased ;  for  the  words  e/c  tov  avruv  in  Demos- 
thenes are  to  be  explained  by  the  rptTu  yevei  of  Isne 
us.  Therefore,  a  first  cousin  once  removed,  claim 
ing  through  a  female,  had  a  better  title  than  a  second 
cousin  claiming  through  males ;  for  a  second  cous- 
in is  descended,  not  from  the  grandfather,  but  only 
from  the  great-grandfather  of  the  deceased,  and  so 
is  beyond  the  legal  degrees  of  succession  (l£w  t% 
dyyiareiac  or  ovyyeveiac ).  On  this  Eubulides  founds 
his  pretension  to  the  estate  of  Hagnias,  because  he 
claims  as  representative  (son  by  adoption)  of  his 
maternal  grandfather,  who  was  first  cousin  to  Hag- 
nias ;  whereas  the  father  of  his  opponent,  Macarta- 
tus,  was  second  cousin  to  Hagnias,  and  (as  Demos- 
thenes expresses  it)  was  not  in  the  same  branch  of 
the  family  {ova  ek  tov  oIkov  tov  'Ayviov6). 

On  failure  of  first  cousins  and  their  issue,  the 
inheritance  went  to  the  half-blood  by  the  mother's 
side  ;  brothers  and  sisters,  nephews  and  nieces, 
cousins  and  their  children,  as  before.  But  if  there 
were  no  maternal  kinsmen  within  the  legal  degree., 
it  returned  to  the  agnati,  or  next  of  kin  on  the  pa- 
ternal side  (rove  irpbc  rcarpoc),  whose  proximity 
was  traced  by  counting  the  degrees  from  the  com- 
mon ancestor.6 

The  succession  of  parents  to  their  children  is 
matter  of  dispute  among  the  learned.  From  the 
silence  of  the  orators,  the  absence  of  any  example, 
and  the  express  declaration  of  Isasus7  respecting 
the  mother,  it  may  be  inferred  that  parents  could 
not  inherit  at  Athens.  At  Athens,  the  maxim  he- 
reditas  nunquam  ascendit  held  only  of  lineal,  not  of 
collateral  ascent.     For  example,  an  uncle  mighl 


1.  (Isaeus,  De  Hagn.  haered.,  i.,  2. — Demosth.,  c.  Macart., 
1067.— Id.,  c.  Leoch.,  1083.)— 2.  (Isaeus,  De  Apoll.  haered.,  23.)- 
3.  (Isaeus,  De  Hagn.  haered..  i.,  ti. — Demosth.,  c.  Macart.,  1067.) 
—4.  (De  Apoll.  ueered.,  25,  26.)-  -5.  (c.  Macart.,  1070.)— 6.  (Isae- 
us, De  Hagn.  haered.,  1-18. — Demosth.,  c.  Macart.,  1067.) — 7 
(De  Hagn.  hsered.,  26.) 


HERES 


HERE'S. 


inherit.1  So  also  he  might  marry  the  heiress,  as 
next  of  kin.3  On  this  part  of  the  subject  the  reader 
is  referred  to  Wachsmuth,  ii.,  1,  212,  &c. ;  Bunsen, 
De  jure  hcred.  Alhcn. ;  Sir  William  Jones's  Com- 
mentary annexed  to  the  translation  of  Isaeus  ;  and  a 
short  summary  of  the  law  by  Schomann,  Ant.  J.  P. 
Gr.,  v.,  20.  These  and  other  writers  are  not  agreed 
on  many  of  the  foregoing  points,  which  are  left  in 
much  obscurity,  owing  to  the  mutilated  state  in 
which  the  laws  have  reached  us,  and  the  artifices 
used  by  the  orators  to  misrepresent  the  truth. 

It  will  assist  the  student  to  be  informed  that 
aveipios  signifies  a  first  cousin.  'Aveipiafiovc  is  a  first 
cousin's  son,  formed  in  the  same  manner  as  adeX- 
(p(6ov<;  from  adetyog,  and  dvyarptdove  from  ■&vyaTrjp. 
Thus  my  first  cousin's  son  is  avefiadovg  to  me,  but 
not  conversely.  Again,  though  it  is  true  that  two 
or  more  second  cousins  may  be  spoken  of  collect- 
ively as  aveipiadol,3  yet  one  of  them  cannot  be  said 
to  be  averpiadove  to  another.  Herein  consists  the 
fallacy  of  those  who  maintain  that  second  cousins 
came  within  the  legal  degrees  of  succession. 

KX?jpoc  is  the  subject  matter  of  inheritance,  or 
(in  one  sense  of  the  word)  the  inheritance  ;  Kkr/po- 
vo/ioc,  the  heir,  'Ayxtareia,  proximity  of  blood  in 
reference  to  succession,  and  sometimes  right  of  suc- 
cession. Zvyyeveia,  natural  consanguinity.  2uy- 
yevelc,  collateral  relatives,  are  opposed  to  EKyovot, 
lineal  descendants. 

III.  Of  the  Power  of  Devising. — That  the  owner 
had  power  to  alienate  his  property  during  his  life- 
time, and  that  such  alienation  was  valid  in  point  of 
law,  both  as  against  the  heir  and  all  the  rest  of  the 
world,  is  beyond  a  doubt.  There  was,  however, 
an  ancient  law,  which  punished  with  degradation 
(ari/xca)  a  man  who  had  wasted  his  patrimony  (ra 
rrarpwa  KaTedqdoKuc).  He  was  considered  an  of- 
fender against  the  state,  because  he  disabled  him- 
self from  contributing  to  the  public  service.  Pros- 
ecutions for  such  an  offence  were  rare  ;  but  the 
reputation  of  a  spendthrift  was  always  prejudicial 
to  a  man  in  a  court  of  justice.* 

Every  man  of  full  age  and  sound  mind,  not  under 
durance  or  improper  influence,  was  competent  to 
make  a  will ;  but  if  he  had  a  son,  he  could  not  dis- 
inherit him,  although  his  will  might  take  effect  on 
the  contingency  of  the  son  not  completing  his  seven- 
teenth year.5  The  bulk  of  the  estate  being  left  to 
the  son,  legacies  might  be  given  to  friends  and  rel- 
atives, especially  to  those  who  performed  the  office 
of  our  executor  or  testamentary  guardian.8  And  in 
the  division  of  property  among  sons,  the  recom- 
mendations of  the  father  would  be  attended  to.7 
Also  a  provision,  not  exceeding  a  thousand  drach- 
mas, might  be  assigned  to  an  illegitimate  child.8 

A  daughter  could  not  be  disinherited,  though  the 
estate  might  be  devised  to  any  person  on  condition 
of  his  marrying  her.9 

It  was  only  when  a  man  had  no  issue  that  he 
was  at  full  liberty  to  appoint  an  heir.  His  house 
and  heritage  were  then  considered  desolate  (eprjfioe 
Kal  uvuvv/xog),  a  great  misfortune  in  the  eyes  of  an 
Athenian ;  for  every  head  of  a  family  was  anxious 
to  transmit  his  name  and  religious  usages  to  pos- 
terity. The  same  feeling  prevailed  among  the 
Greeks  in  more  ancient  times.  We  learn  from 
Hesychius  and  the  Etymol.  Mag.  that  distant  rela- 
tives were  called  xvpuorat,  because,  when  they  in- 
herited, the  house  was  ^pevwv  nai  epjjpoc.10    To 


1  (Isaeus,  De  Cleon.  haered.,  55.) — 2.  (De  Pyrrh.  haered.,  90.) 
— 3.  (Demosth.,  c.  Steph.,  1117.)— 4.  (Diog.  Laert.,  Solon,  55. 
— iEschin.,  c.  Timarch.,  97-105,  154,  ed.  Bekker.)— 5.  (Isaeus, 
De  Arist.  hsered.,  14.  —  Id.,  De  Philoct.,  10.  —  Demosth.,  c. 
Steph.,  1133,  1136.)  — 6.  (Demosth.,  c.  Aphob.,  814,  627.)— 7. 
(Demosth.,  c.  Macart.,1055  —  Id.,  Pro  Phorm.,  955.)— 8.  (Har- 
pocrat.,  s  v.  Nodela.)—  9.  (Isaeus,  De  Pyrrh.  haered.,  82-84.)— 
10.  (Vid.  Horn.,  II.,  v.,  158.— Hes.,  Theog.,  607.) 


obviate  this  misfortune,  an  Athenian  had  two  cour- 
ses  open  to  hinz.  Either  he  might  bequeath  hia 
property  by  will,  or  he  might  adopt  a  son  in  his  life- 
time.    (Vid.  Adoption,  Greek.) 

Wills  were  in  writing,  and  usually  had  one  or 
more  attesting  witnesses,  whose  names  were  super- 
scribed, but  who  did  not  know  the  contents.  They  ) 
were  often  deposited  with  friends,  or  other  trust- 
worthy persons,  such  as  a  magistrate.  It  was  con- 
sidered a  badge  of  fraud  if  they  were  made  secretly 
or  in  the  presence  of  strangers.1  A  will  was  am- 
bulatory until  the  death  of  the  maker,  and  might  be 
revoked,  wholly  or  partially,  by  a  new  one.  It 
seems,  also,  that  there  might  be  a  parol  revocation.2 
The  client  of  Isaeus,  in  the  last-cited  cause,  con- 
tends that  the  testator  sent  for  the  depositary  of 
his  will  with  an  intention  to  cancel  it,  but  died  be- 
fore he  got  it  into  his  possession ;  this  (he  says) 
was  a  virtual  revocation.  He  calls  witnesses  to 
prove  the  testator's  affection  for  himself  and  dislike 
of  his  opponents,  and  thence  infers  that  the  will 
was  unnatural,  and  a  proof  of  insanity.  Simha» 
arguments  were  often  used.3 

With  respect  to  the  proceeding  by  which  a  father 
publicly  renounced  his  paternal  authority  over  his 
son,  vid.  Apoceryxis.  Plato*  refers  to  it,  and  rec- 
ommends that  a  father  should  not  take  such  a  step 
alone,  but  in  conjunction  with  the  other  members 
of  the  family.  At  Athens,  the  paternal  authority 
ceased  altogether  after  the  son  had  completed  his 
nineteenth  year  ;  he  was  then  considered  to  belong 
less  to  his  father  than  to  the  state.5 

IV.  Of  the  Remedies  of  the  Heir  for  Recovering  his 
Rights. — A  son  or  other  male  descendant  might 
enter  and  take  possession  of  the  estate  immediately 
after  the  owner's  death.6  If  he  was  prevented  from 
so  doing,  he  might  bring  an  action  of  ejectment 
against  the  intruder.  {Vid.  Embateia.)  Any  one 
who  disturbed  a  minor  in  the  enjoyment  of  his  pat- 
rimony was  liable  to  a  criminal  prosecution  (/ca«c> 
ceuc  elaayyeXia}).  As  to  the  proceedings  in  case 
of  heiress,  vid.  Epiclerus. 

Other  heirs  at  law,  and  claimants  by  adoption  or 
devise,  were  not  at  liberty  to  enter  until  the  estate 
was  formally  adjudged  to  them.  The  proper  course 
was  to  make  application  to  the  archon,  who  attended 
at  his  office  for  that  purpose  every  month  in  the  year 
except  the  last  (Scirophorion).  The  party  who  ap- 
plied was  regarded  as  a  suitor,  and  (on  obtaining  a 
hearing)  was  said  Aayxavetv  tov  K?.ijpov.s 

At  the  first  regular  assembly  (avpia  kuKArjcia), 
held  after  he  had  received  notice,  the  archon  caused 
proclamation  to  be  made  that  such  a  person  had 
died  without  issue,  and  that  such  and  such  persons 
claimed  to  be  his  heirs.  The  herald  then  asked  el 
Tie  u/j,<picr67]Teiv  ri  TTapanaTa6dX?.ELV  jSovAerai  rov  katj 
pov  :  these  words  are  variously  interpreted.  Per 
haps  the  best  explanation  is  this :  'A/u(l)io6nTEiv  is  a 
term  of  general  import,  applied  to  all  who  dispute 
the  title  of  another,  and  would  include  those  whc 
claimed  a  moiety  or  other  share  of  the  estate.  lie- 
panaTa6uXkF.lv  signifies  to  make  a  deposite  by  waj 
of  security  for  costs,  which  was  required  of  those 
who  maintained  their  exclusive  title  to  the  whole 
inheritance.  Perhaps,  however,  the  payment  in 
this  case  was  optional,  and  might  be  intended  for 
the  mere  purpose  of  compelling  the  other  parties  to 
do  the  same.     The  deposite  thus  paid  was  a  tenth 

1.  (Isceus,  De   Philoct.  haered.,   8. — Id.,  De  Astyph.  haered.. 
8-17.— Demosth.,  c.  Steph.,  1137.)— 2.  (Isaeus,  De  Philoct.  has 
red.,  40. — Id.,  De  Cleon.,  haered.,  32.) — 3.  (Isaeus,  De  Nicosi 
haered.,  23.— Id.,  De  Astyph.  haered.,  21.) — 4.  (Leg.,  xi.,  9,  r 
928.) — 5.  (Valckenaer  ad  Ammonium,  s.  v.  'AiroKf/pvKTos.- 
Meier,  De  Bonis  Damn.,  p.  26.)— 6.  (Isaeus,  De  Pyrrh.  haered 
72.— Id.,  De  Cic.  haered.,  47.)— 7.  (Iseeus,  De  Pyrrh.  haered  . 
76.)— 8.  (Isaeus,  De  Hagn.  hsered.,  22,  40.— Id..  De  Pyrrh.  ta- 
red, 74. —  Id.,  De  Astyph.  haered.,  4.  —  Demosth.,  c.  Steph.. 
1136.) 

495 


HERES. 


HLIRES. 


part  of  the  value  of  the  property  in  dispute,  and  was 
returned  to  the  party  if  successful.1 

if  no  other  claimant  appeared,  the  archon  adjudged 
the  estate  to  th^  first  suitor  (krced'tKaaev  avrti  top 
K?i7jpov).     If,  however,  there  were  adverse  claims, 
he  proceeded  to  prepare  the  cause  for  trial  (dtadi- 
Kacia).     First  came  the  avdtcpitnc,  in  the  usual  way, 
except  that  no  party  was  considered  as  plaintiff  or 
defendant  ;   and  the  bills,  in  which  they  set  forth 
their   respective   titles,  were   called    avriypatiaL* 
The  dicasts  were  then  to  be  summoned,  and,  what- 
ever the  number  of  parties,  one  court  was  held  for 
the  decision  of  all  their  claims.     If  any  one  neglect- 
ed to  attend  on  the  appointed  day,  and  had  no  good 
excuse  to  offer,  his  claim  was  struck  out  of  the 
record  (Sceypd<f>n  tj  d/Kfuo^Tijai^),  and  the  contest 
was  carried  on  between  the  remaining  parties,  or  if 
hut  one,  the  estate  was  awarded  to  him.3    The 
trial  was  thus  managed.     The  dicasts  had  to  give 
their  verdict  either  for  one  person  proving  a  title  to 
the  whole,  or  for  several  persons  coming  in  under 
the  same  title,  as  (for  instance)  two  brothers  entitled 
each  to  a  moiety.     One  balloting  box,  therefore,  was 
provided  for  every  party  who  appeared  in  a  distinct 
interest.     The  speeches  were  measured  by  the  clep- 
sydra.    Each  party  had  an  d/xtpopevc  of  water  for 
his  first  speech,  and  half  that,  or  three  ^oeZf,  for  the 
second.*    That  these  arrangements  gave  rise   to 
fraud  and  collusion,  is  clearly  shown  in  the  cases 
above  cited. 

The  verdict,  if  fairly  obtained,  was  final  against 
the  parties  to  the  cause.  But  any  other  person,  who 
by  absence  or  unavoidable  accident  was  prevented 
from  being  a  party,  might  afterward  bring  an  action 
against  the  successful  candidate,  to  recover  the 
estate.  He  was  then  obliged  to  pay  his  deposite 
{napoKaTafioXr]),  summon  the  defendant,  and  proceed 
in  other  respects  as  in  an  ordinary  suit.  This  he 
might  do  at  any  time  during  the  life  of  the  person 
in  possession,  and  within  five  years  after  his  death.5 

It  has  hitherto  been  supposed  that  a  simple  issue 
was  raised  between  the  litigant  parties,  viz.,  who 
was  entitled  to  possess  the  estate ;  and  that  they 
proceeded  at  once  to  the  trial  of  such  issue.  This 
was  called  evdvdiKia  eladvai.  The  cause,  however, 
might  become  more  complicated,  if  one  of  the  par- 
ties chose  to  make  exception  to  the  right  of  any 
other  to  dispute  his  title  :  this  was  done  by  tendering 
an  affidavit  (diafiapTvpia)  (vid.  Diamartyria),  sworn 
either  by  himself  or  by  another,  wherein  he  declared 
that  the  estate  was  not  the  subject  of  litigation  (fir/ 
kTcidLnog),  and  alleged  some  matter  of  fact  or  law  to 
support  his  assertion.  Sons,  adopted  sons,  and  per- 
sons in  legal  possession  were  allowed  this  advan- 
tage. For  example,  a  witness  might  depose  that 
the  last  occupier  had  left  male  issue  surviving  him, 
and  therefore  the  property  could  not  be  claimed  by 
any  collateral  relative  or  devisee  :  or  that  the  title 
had  already  been  legally  determined,  and  that  the 
new  claimants  were  not  at  liberty  to  reopen  the 
question.  This  had  the  effect  of  a  dilatory  plea, 
and  stayed  farther  proceedings  in  the  cause.6  If 
then  the  suitor  was  resolved  to  prosecute  his  claim, 
he  had  no  other  course  but  to  procure  a  conviction 
of  the  witness  (who  had  sworn  the  affidavit)  in  an 
action  for  false  testimony  (6iktj  il>evdop,apTvpi£)v). 
Examples  of  such  actions  are  the  causes  in  which 
Demosthenes  was  engaged  against  Leochares,  and 


1.  (Pollux,  Onom.,  viii.,  32,  95.— Isaeus,  De  Nicost.  haered., 
13. — Id.,  De  Hagn.  haered.,  20. — Demosth.,  c.  Maeart.,  1051. — 
Id.,  c.  Leoch.,  1090-1093.)— 2.  (Harpocr.,  s.  v.— Demosth.,  c. 
Olymp.,  1173, 1175.) — 3.  (Demosth.,  c.  Olymp.,  1174.) — 4.  (Isa?- 
us,  De  Hagn.  haered.,  30,  &c. — Demosth.,  c.  Maeart.,  1052.) — 5. 
(Isaeus,  De  Pyrrh.  haered.,  70. — Demosth.,  c.  Olymp.,  1175. — Id., 
c.  Maeart.,  1054.)— 6.  (Isaeus,  De  Dicaeog-.  haered.,  30. — Id.,  De 
ApoU.,  3.— J<\.,  De  Philoct  4  52.— Id.,  De  Pyrrh.,  3.— De- 
nocth.,  c.  Leoorv.,  1097  1 
4% 


Isaeus  for  the  estate  of  Philoetemon.  On  the  trial 
of  the  witness,  the  questions  were,  first,  the  truth  of 
the  facts  deposed  to ;  secondly,  their  legal  effect, 
if  true.  With  respect  to  the  witness,  the  conse- 
quences were  the  same  as  in  any  other  action  for 
false  testimony.  (Vid.  Martyria.)  With  respect 
to  the  original  cause,  nothing  fartherwas  determined 
than  that  it  could  or  could  not  be  entertained  ;  the 
dcauaprvpia  in  this  particular  resembling  the  napa- 
ypa(prj.  If  the  court  decided  that  the  suit  could  be 
entertained,  the  parties  proceeded  to  trial  in  the 
manner  before  explained. 

As  to  the  farther  remedies  to  be  pursued  by  the 
successful  party  in  order  to  obtain  the  fruits  of  his 
judgment,  vid.  Embateia,  ENOIKIOY,  and  ESOT- 
AH2  AIKAI.  And  on  this  part  of  the  subject,  vid. 
Meier,  Att.  Proc,  p.  459,  616,  638;  Platner,  Att. 
Proc,  i.,  163  ;  ii.,  309. 

V.  Of  the  Obligations  to  which  the  Heir  succeeded. 
— The  first  duty  of  an  heir,  as  with  us  of  an  execu- 
tor, was  to  bury  the  dead  and  perform  the  custom- 
ary funeral  rites  (rd  vofic^djueva  itoulv).  It  is  well 
known  what  importance  was  attached  to  this  by  the 
ancients.  The  Athenian  law  regulated  the  time  of 
burial,  and  the  order  in  which  the  female  relatives 
should  attend.  If  no  money  was  left  to  pay  the 
expenses  of  burial,  still  the  nearest  relatives  were 
bound  to  defray  them ;  and  if  they  neglected  to  per- 
form their  duty,  the  chief  magistrate  (^fi/xapxoc)  of 
the  demus  in  which  the  death  took  place,  after 
warning  them  by  public  notice  (dvatoelv  kqI  ftd-K-Eiv 
Kal  Kadaipeiv  tov  df/uov),  got  the  work  done  by  con- 
tract, paid  for  it  himself,  and  was  then  empowered 
to  sue  them  for  double  the  amount.  When  a  lich 
man  died,  there  was  no  backwardness  about  hia 
funeral.  It  is  rather  amusing  to  see  how  eagerly 
the  relatives  hastened  to  show  respect  to  his  mem- 
ory, as  if  to  raise  a  presumption  of  their  being  the 
heirs.1 

Children  who  neglected  to  bury  their  {irents 
were  liable  to  a  criminal  prosecution  (ypa<j>7j  nandy 
aeuc  yeveov),  just  as  they  were  for  refusing  to  sup- 
port or  assist  them  in  their  lifetime.  The  word  yo- 
velq,  in  this  case,  includes  all  ancestors.2 

Among  heritable  obligations  may  be  reckoned  that 
of  marrying  a  poor  heiress  (#??o*<7a),  or  giving  her  in 
marriage  with  a  suitable  portion.  (Vid.  Epiclerus, 
and  Meurs.,  Them.  Att.,  i.,  13.) 

That  the  heir  was  bound  to  pay  the  debts  of  the 
deceased,  as  far  as  the  assets  would  extend,  cannot 
be  doubted.  Five  years  seems  to  have  been  the 
period  for  the  limitation  of  actions  against  him  (irpo- 
deauia).  In  case  of  a  mortgage,  he  was  entitled 
only  to  the  surplus  of  the  mortgaged  property,  re- 
maining after  payment  of  the  debt  charged  thereon.3 

State  debtors,  such  as  farmers  of  the  public  rev- 
enue who  had  made  default,  or  persons  condemned 
to  pay  a  fine  or  penalty,  were  disfranchised  (ari/zoi) 
until  they  had  settled  the  debt,  and  the  disgrace  ex- 
tended to  their  posterity.  Thus  Cimon,  son  of  Mil- 
tiades,  was  compelled  to  pay  a  fine  of  fifty  talents 
which  had  been  imposed  on  his  father ;  and  the 
story  is,  that  Callias  advanced  him  the  money  in 
return  for  the  hand  of  his  sister  Elpinice*  When 
the  whole  of  a  man's  property  was  confiscated,  of 
course  nothing  could  descend  to  his  heir.  It  seoms 
to  have  been  a  common  practice,  in  such  a  case,  for 
the  relatives  of  the  deceased  to  conceal  his  effects, 
or  to  lay  claim  to  them  by  pretended  mortgages 
Against  these  frauds  there  were  severe  penalties,  as 

1.  (Isaeus,  De  Astyph.  haered.,  40 ;  De  Cir.  haered.,  29-33  ;  D* 
Nicost.  haered.,  9,  25.— Demosth.,  c.  Maeart.,  1069,  1071.)— 2. 
(Meier,  De  Bon.  Damn.,  126.)— 3.  (Lys.,  De  Bon.  Publ.,  4,  5.— 
Iszeas,  De  Arist.  haered.,  23. — Demosth.,  c.  Calhpp.,  1240.  —  Id., 
c.  Spud.,  1030.  — Id.,  c.  Nausim.,  988,  989.)— 4.  (Demosth.,  c. 
Androt.,  603.— Id.,  c.  Theoc.,  1322,  1327.— Id.,  c.  Aphob.,  836.— 
Id.,  Pro  Cor.,  329.— Id.,  c.  Maeart.,  1069.) 


HERES. 


HERES. 


maybe  seen  from  the  speeches  01  Lysias,  c.  Philoci., 
•.rid  de  bon.  Arist.1 

The  posterity  of  those  who  were  put  to  death  by 
the  people,  or  were  convicted  of  certain  infamous 
crimes,  such  as  theft,  inherited  the  a-t\ila  of  their 
ancestors,  a  damnosa  heredilas,  which  they  could 
not  decline  or  escape  from.  It  may  be  compared 
to  the  corruption  of  blood  following  upon  attainder 
in  the  feudal  law.  The  legislator  seems  to  have 
thought  that  such  children  must  be  the  natural  en- 
emies of  their  country,  and  ought  to  be  disarmed  of 
all  power  to  do  mischief.  We  cannot  wonder  at 
this,  when  we  consider  that,  with  respect  to  private 
feuds,  it  was  deemed  honourable  and  meritorious  in 
lhe  child  to  preserve  the  enmity  of  the  father  ;  and 
we  find  public  prosecutors  (as  in  the  opening  of  the 
speech  of  Lysias  against  Agoratus,  of  Demosthenes 
against  Theocrines)  telling  the  dicasts  that  they 
had  been  induced  to  come  forward  by  a  desire  to 
avenge  the  wrongs  of  their  family.  In  the  same 
spirit,  the  Athenian  law  required  that  men  guilty  of 
unintentional  homicide  should  remain  in  exile  until 
they  had  appeased  the  nearest  relatives  of  the  de- 
ceased, to  whom  it  more  especially  belonged  to  re- 
sent and  forgive  the  injury.2 

Isaeus  tells  us  that  parents  who  apprehended 
their  own  insolvency  used  to  get  their  children 
adopted  into  other  families,  that  they  might  escape 
the  consequences.3  This,  however,  could  not  be 
done  after  the  infamy  had  once  attached.* 

We  find  no  mention  of  property  escheating  to 
the  state  of  Athens  for  want  of  heirs.  This  proba- 
bly arose  from  a  principle  of  Athenian  law,  accord- 
ing to  which  no  civic  family  was  suffered  to  expire ; 
and,  therefore,  the  property  of  an  intestate  was  al- 
ways assigned  to  such  person  as  was  most  fit  to  be 
ais  successor  and  representative.  With  aliens,  and 
those  illegitimate  children  who  were  regarded  as 
nliens,  it  was,  no  doubt,  otherwise.5 

HERES  (ROMAN).  When  a  man  died,  a  cer- 
ium person  or  certain  persons  succeeded  to  all  his 
property,  under  the  name  of  hcres  or  heredes :  this 
was  a  universal  succession,  the  whole  property  be- 
ing considered  a  unity.  Such  a  succession  compre- 
hended all  the  rights  and  liabilities  of  the  person  de- 
ceased, and  was  expressed  by  the  term  hereditas. 
The  word  hereditas  is  accordingly  defined  to  be  a 
succession  to  all  the  rights  of  the  deceased.6  The 
term  p'  cunia  is  sometimes  used  to  express  the 
whol*"  properly  of  a  testator  or  intestate  ;7  but  it 
only  expresses  it  as  property,  and  therefore  the  def- 
inition of  hereditas  by  pecunia  would  be  incomplete. 
Cicero8  completes  the  definition  thus  :  "  Hereditas 
est  pecunia  qu<z  morte  alicujus  ad  quempiam  pervenit 
jure,  nee  ea  aut  legata  testamento  aut  posscssione  re- 
teata.'1''  The  negative  part  of  the  definition  excludes 
legacies  and  property  of  the  deceased,  the  owner- 
ship of  which  is  acquired  by  a  sufficient  possession. 
The  word  "jure"  excludes  the  "  bonorum  posses- 
Bio,"  in  opposition  to  which  the  hereditas  is  appro- 
priately called  "  justa."  The  heres  was  the  owner 
who  had  acquired  all  that  had  belonged  to  another, 
morte  and  jure ;  the  etymological  relation  of  the 
word  to  herus  seems  probable. 

A  person  might  become  a  heres  by  being  named 
bo  such  (institutus,  scriptus,  faclus)  in  a  will,  exe- 
cuted by  a  competent  person,  according  to  the  forms 
required  by  law.  (Vid.  Testamentum.)  If  a  person 
died  intestate  (intestatus),  or  having  made  a  will 
shich  was  not  valid,  the  inheritance  came  to  those 

1.  (Meier,  De  Bon.  Damn.,  212.)— 2.  (Demosth.,  c.  Meid.,  551. 
—Id.,  c.  Aristoc..  640,  643.—  Id.,  c.  Aristog.,  790.  —  Id.,  c.  Ma- 
cart.,  1069.— Meier,  De  Bon.  Damn.,  106,  136.  —  Wachsmuth, 
)i.,  1,  243-256,  268.)— 3.  (De  Arist.  haered.,  24.)— 4.  (Meier,  De 
Bon.  Damn.,  136.— jEsch.,  c.  Ctes.,  21,  ed.  Becker.)— 5.  (Meier, 
De  Bon.  Damn.,  148.)— 6.  (Dig.  50,  tit.  16,  s.  24.)— 7.  (Cic,  Do 
Invent.,  ii  ,  21.— Gaius,  ii.,  104.)— 8.  (Top.,  6.) 
It   R    R 


to  whoPi  the  law  gave  it  in  such  cases,  and  was 
called  hereditas  legitima  or  ab  intestato.  But  a  man 
could  not  die  testate  as  to  part  of  his  property  and 
intestate  as  to  another  part,  except  he  were  a  sol- 
dier, whose  testamentary  dispositions  were  consid. 
erod  with  great  indulgence.  The  reason  of  this  ap- 
pears to  be  the  legal  unity  of  the  hereditas  :  a  tes- 
tamentary disposition  of  a  part  was  not  a  disposition 
of  the  whole,  and,  consequently,  it  was  no  disposi- 
tion at  all. 

In  order  that  a  testamentary  succession  should 
take  place,  the  person  dying  must  have  such  prop- 
erty or  such  rights  as  are  capable  of  being  transmit- 
ted to  another  ;  consequently,  neither  a  slave  nor  a 
filius-familias,  according  to  the  old  Roman  law, 
could  make  a  heres.  Also,  the  person  who  is  made 
heres  must  have  a  legal  capacity  to  be  heres.  Gen- 
erally, all  persons  who  had  the  commercium  could 
be  made  heredes,  and,  consequently,  all  Roman  cit 
izens,  and  even  slaves.     (Vid.  Testamentum.) 

The  institution  of  a  heres  was  that  formality 
which  could  not  be  dispensed  with  in  a  will.  If  the 
testator  named  no  heres  or  heredes,  and  complied 
with  all  the  other  legal  forms,  still  his  disposition 
of  his  property  was  not  a  will,  The  heres  called 
heres  directus,  or  simply  heres,  represented  the 
testator,  and  was  thus  opposed  to  the  heres  fidei- 
commissarius.  {Vid.  Fideicommissum.)  The  tes- 
tator might  either  name  one  person  as  heres,  or  he 
might  name  several  heredes  (coheredes),  and  he 
might  divide  the  hereditas  among  them  as  he  pleas- 
ed. The  shares  of  the  heredes  were  generally  ex- 
pressed by  reference  to  the  division  of  the  As :  thus 
"  heres  ex  asse"  is  heres  to  the  whole  property , 
"  heres  ex  dodrante,"  heres  to  three  fourths;  "  he- 
res ex  semuncia,"  heir  to  one  twenty- fourth.1  If 
there  were  several  heredes  named,  without  any  def- 
inite shares  being  given  to  them,  the  property  be- 
longed to  them  in  equal  shares. 

If  the  testator  had  a  legal  capacity  to  dispose,  and 
if  his  will  was  made  in  due  form,  the  first  inquiry 
as  to  the  heres  was,  whether  he  had  a  legal  capacity 
to  take  what  was  given  to  him.  He  must  have  this 
capacity  at  the  time  of  the  institution,  at  the  time 
of  the  testator's  death,  and  at  the  time  of  accepting 
the  inheritance.  This  capacity  might  be  expressed 
by  the  words  "testamenti  factio,"  an  expression 
which  had  reference  not  only  to  the  legal  capacity 
of  the  testator,  but  also  to  the  legal  capacity  of  the 
person  named  heres.  As  a  general  rule,  only  Ro- 
man citizens  could  be  named  as  heredes  in  the  will 
of  a  Roman  citizen  ;  but  a  slave  could  also  be  named 
heres,  though  he  had  no  power  to  make  a  will,  and 
a  filius-familias  could  also  be  named  heres,  though 
he  was  under  the  same  incapacity;  for  the  slave, 
if  he  belonged  to  the  testator,  could,  by  testament, 
receive  his  freedom  and  become  heres  ;  and  if  ha 
belonged  to  another  person,  he  took  the  inheritance 
for  the  benefit  of  his  master :  the  filius-familias,  in 
like  manner,  acquired  it  for  his  father.  Persons,  not 
Roman  citizens,  who  had  received  the  commercium, 
could  take  hereditates  by  testament.2 

Heredes  were  either  necessarii,  sui  et  necessarii, 
or  extranei.  The  heres  necessarius  was  a  slave  of 
the  testator,  who  was  made  a  heres  and  liber  at  the 
same  time  ;  and  he  was  called  a  necessarius,  be- 
cause of  the  necessity  that  he  was  under  of  accept- 
ing the  hereditas.  A  slave  was  sometimes  appoint- 
ed heres,  if  the  testator  thought  that  he  was  not 
solvent,  for  the  purpose  of  evading  the  ignominia 
which  was  a  consequence  of  a  person's  property  be- 
ing sold  to  pay  his  debts,  as  explained  by  Gaius.' 
The  heredes  sui  et  necessarii  were  sons  and  daugh- 

I.  (Cic.  ad  Att.,  xiii.,  48.  — Id.  ib.,  vii.,  8.-U.,  Pro  Carina, 
c.  6.)— 2.  (Cic,  Pro  Csecina,  7,  32.— Savigny,  Zeitsrhrift,  t.,  p 
229,  &e.)— 3.  (ii-  154,  &c.) 

4«»7 


HERE*. 


HERES. 


ters,  and  the  sons  and  daughters  of  a  son  who  were 
in  the  power  of  a  testator ;  but  a  grandson  or  grand- 
daughter could  not  be  a  suus  heres  unless  the  testa- 
tor's son  had  ceased  to  be  a  suus  heres  in  the  testa- 
tor's lifetime,  either  by  death  or  being  released  from 
his  power.  These  heredes  sui  were  called  neces- 
6arii,  because  of  tae  necessity  that  they  were  under, 
according  to  the  civil  law,  of  taking  the  hereditas 
with  its  encumbrances.  But  the  praetor  allowed 
such  persons  to  refuse  the  hereditas  (abstinere  se  ab 
hereditate),  and  to  allow  the  property  to  be  sold  to 
pay  the  testator's  debts  (an  instance  is  mentioned 
by  Cicero1) ;  and  he  gave  the  same  privilege  to  a 
mancipated  son  (qui  in  causa  mancipii  est).  All  oth- 
er heredes  are  called  extranei,  and  comprehend  all 
persons  who  are  not  in  the  power  of  a  testator,  such 
as  emancipated  children.  As  a  mother  had  no  po- 
testas  over  her  children,  they  were  extranei  heredes 
when  named  heredes  in  her  will.  Extranei  heredes 
had  the  potestas  or  jus  deliberandi,  or  privilege  of 
considering  whether  they  would  accept  the  heredi- 
tas or  not ;  but  if  either  extranei  heredes,  or  those 
wrho  had  the  abstinendi  potestas,  meddled  with  the 
testator's  property,  they  could  not  aftenvard  dis- 
claim the  inheritance,  unless  the  person  who  had 
so  meddled  was  under  twenty-five  years  of  age,  and 
so  belonged  to  a  class  who  were  relieved  by  the 
praetor  in  all  cases  where  they  were  overreached 
(vid.  Curator),  and  also  in  cases  where  they  had 
accepted  an  insolvent  hereditas  (damnosa  hereditas). 
The  Emperor  Hadrian  gave  this  relief  to  a  person 
above  twenty-five  years  of  age  who  had  accepted  an 
hereditas,  and  afterward  discovered  that  it  was  en- 
cumbered with  a  heavy  debt.2 

A  certain  time  was  allowed  to  extranei  for  the 
cretio  hereditatis,  that  is,  for  them  to  determine 
whether  they  would  take  the  hereditas  or  not : 
hence  the  phrase  cernere  hereditatem.  Thus,  if 
the  testator  had  written  in  his  will  "  Heres  Titius 
esto,"  he  ought  to  add,  "  Cernitoque  in  centum  diebus 
■proxumis  quibus  scies  potcrisque :  quod  ni  ita  creveris 
exheres  esto."3  If  the  extraneus  wished  to  take  the 
hereditas,  he  was  required  to  make  a  formal  decla- 
ration of  his  intention  within  the  time  named  (intra 
diem  cretionis).  The  formal  words  of  cretion  were 
"  earn  hereditatem  adeo  cernoque."  Unless  he  did 
this,  he  lost  the  hereditas,  and  he  could  not  obtain 
it  merely  by  acting  as  heres  (pro  herede  gerendo). 
If  a  person  was  named  heres  without  any  time  of 
cretion  being  fixed,  or  if  he  succeeded  (legitimo  jure) 
to  the  property  of  an  intestate,  he  might  become 
heres  without  any  formal  declaration  of  his  inten- 
tion, and  might  take  possession  of  the  hereditas 
when  he  pleased  :  but  the  praetor  was  accustomed, 
upon  the  demand  of  the  creditors  of  the  testator  or 
intestate,  to  name  a  time  within  which  the  heres 
should  take  possession,  and  in  default  of  his  doing 
so,  he  gave  the  creditors  permission  to  sell  the  prop- 
erty. The  common  form  of  cretion  in  the  will  (vul- 
garis cretio)  has  been  already  mentioned.  Some- 
times the  words  "  quibus  sciet  poteritque"  were 
omitted,  and  it  was  then  specially  called  "  cretio 
certorum  dierum."  which  was  the  more  disadvanta- 
geous to  the  heres,  as  the  days  began  to  be  reckon- 
ed, or,  as  we  say,  the  time  began  to  run  immediate- 
ly, aad  it  was  not  reckoned  from  the  time  when  the 
#eres  knew  that  he  was  named  heres,  and  had  no 
impediment  to  his  cretion. 

It  was  not  unusual  to  make  several  degrees  of  he- 
cedes  in  &  will,  which  was  called  substitutio.  Thus, 
ifijthe  formula  beginning  "Heres  Titius,"  &c.,  after 
*:he  words  "  exheres  esto,"  the  testator  might  add, 
u  Tarn  M&vius  heres  esto  cernitoque  in  diebus  cen- 


1.  .{C&c  PJfckiL,  ii.,  16.)— 2.  (Gaius,  ii.,  163^  —  3.  (Gains,  ii., 
IG5  —Cic,  De  ©rat.,  i..  22.) 
498 


him,"  &c. ;  and  he  might  go  on  substituting  as  fai 
as  he  pleased.  The  person  first  named  as  herea 
(primo  gradu)  became  heres  by  the  act  of  cretion  ; 
and  the  substitutus  (secundus  heres1)  was  then  en 
tirely  excluded.  If  the  words  "si  non  creveris" 
were  not  followed  by  words  of  exheredation,  this 
gave  some  advantage  to  the  first  heres :  for  instance, 
if  he  neglected  the  formality  of  cretion,  and  only 
acted  as  heres,  he  did  not  lose  all,  but  shared  the 
hereditas  equally  with  the  substituted  person.  This 
was  the  old  rule ;  but  a  constitution  of  Aureliua 
made  the  acting  as  heres  equivalent  to  cretion,  pro- 
vide3 such  action  took  place  within  the  time  of  cre- 
tion. 

In  the  case  of  liberi  impuberes,  who  were  in  the 
power  of  a  testator,  there  might  be  not  only  the 
kind  of  substitution  just  mentioned  (vulgaris  substi- 
tutio), but  the  testator  might  declare  that  if  such 
children  should  live  to  become  his  heredes,  and 
should  die  impuberes,  some  other  person,  whom  he 
named,  should  be  his  heres.  This  was  expressed 
thus  :  "  si  prius  moriatur  quam  in  suam  tulelam  ve- 
nerit  ;"3  for  the  termination  of  impuberty  and  of  the 
tutela were  coincident.  (Vid.  Curator.)  Thus,  as 
Gaius  remarks,  one  testamentary  disposition  com- 
prised two  hereditates.  This  wras  called  pupillaris 
substitutio.  This  kind  of  substitution  was  contain- 
ed in  a  clause  by  itself,  and  in  a  separate  part  of  the 
will,  which  was  secured  by  the  testator's  own 
thread  and  seal,  with  a  provision  in  the  first  part  of 
the  will  that  this  second  part  should  not  be  opened 
so  long  as  the  son  lived  and  was  impubes.  A  sub- 
stitution could  also  be  made  in  the  case  of  children 
being  exheredated  (disinherited)  by  the  parent's 
will,  and  the  substituted  person  then  took  all  that 
the  pupillus  acquired  by  hereditas,  legatum  (legacy), 
or  gift.  Gaius  observes4  that  all  his  remarks  with 
reference  to  substitution  for  children  impuberes, 
when  made  heredes  or  exheredated,  apply  to  post- 
humous (postumi)  children,  of  which  there  is  an  ex- 
ample cited  by  Cicero  :5  "  Sifilius  natus  esset  in  de- 
cern mensibus,"  &c. 

If  an  extraneus  was  made  heres,  there  could  be 
no  substitution  to  the  effect  that,  if  he  died  within 
a  certain  time,  another  person  should  be  heres;  for 
though  a  testator  could  attach  a  condition  to  be 
performed  before  a  person  could  take  the  hereditas, 
a  person,  when  he  had  once  become  heres,  continued 
such.  The  case  of  a  pupillus  substitutio,  which 
was  an  exception  to  this  general  rule,  was  probably 
founded  on  the  patria  potestas.  The  heres  might, 
however,  be  charged  with  a  fideicommissum,  in 
which  case  he  was  heres  fiduciarius.  ( Vid.  Fidei- 
commissum.) 

As  to  conditions  which  the  heres  was  bound  to 
perform,  they  might  be  any  that  were  not  contrary 
to  positive  law  or  positive  morality ;  such  as  the 
setting  up  of  statues,6  &c,  or  changing  the  name.7 

If  a  man's  own  slave  was  made  heres  by  his 
will,  it  was  necessary  that  he  should  be  made  free 
also  by  the  will :  the  words  were,  "  Stichus  servus 
meus  liber  heresque  esto."  If  the  slave  were  not 
made  free  by  the  testament,  he  could  not  take  un- 
der it,  even  if  he  were  manumitted  by  his  master, 
and,  of  course,  he  could  not  if  he  were  sold  ;  and 
the  reason  is,  that  the  institution  was  not  valid.  If 
he  was  instituted  free  as  well  as  heres,  he  became 
both  a  freeman  and  heres  necessarius  by  the  death 
of  his  master:  if  he  was  manumitted  by  his  mas- 
ter in  his  lifetime,  he  might  accept  the  inheritance  or 
refuse  it.     If  he  was  sold  by  his  master  in  his  life- 


1.  (Cic,  Top.,  10.— Hor.,  Sat.,  ii.,  5, 48.)— 2.  (Compare  Gaius, 
ii.,  177,  &c,  with  Ulpian,  Frag-.,  xxii.,  34.)  —  3.  (Cic,  De  In- 
vent., ii.,  42.— Id.,  Top.,  10.— Gaius,  ii.,  179.)— 4.  (ii.,  183.)— 5. 
(Top.  10.)— S.  (Cic  in  Verr.,  ii.,  8,  9,  )i  )— 7.  (Cic.  ad  At*, 
vii..  8.) 


HERES. 


HERES. 


time,  he  could  take  possession  of  the  inheritance 
with  the  permission  of  his  new  master,  who  thus 
became  heres  through  the  medium  of  his  slave.  If 
the  slave  who  was  made  heres  was  then  the  prop- 
erty of  another  person,  and  not  of  the  testator,  he 
could  not  take  the  inheritance  without  the  consent 
of  his  master,  for  if  he  took  it  his  master  became 
heres  :  if  such  slave  was  manumitted  before  taking 
possession  of  the  inheritance,  he  might  accept  it  or 
refuse  it,  as  he  pleased. 

If  *a  ingenuus  died  intestate,  either  from  not 
having  made  a  will,  or  having  made  a  will,  but  not 
in  due  form,  or  having  made  a  will  in  due  form, 
which  afterward  became  invalid  (ruptum,  irritum), 
the  hereditas,  according  to  the  law  of  the  Twelve 
Tables,  came  to  the  heredes  sui,  and  was  then 
called  legitima  hereditas.  The  heredes  sui  were 
*•  liberi"  in  the  power  of  the  testator  at  the  time  of 
his  death ;  the  term  liberi  comprehended  not  only 
;hildren,  but  the  children  of  the  testator's  male 
children,  and  the  children  of  a  male  grandchild. 
Adopted  children  were  considered  the  same  as  oth- 
er children.  But  grandchildren  could  not  be  heredes 
sui,  unless  their  father  had  ceased  to  be  in  the  power 
of  the  intestate,  either  by  death  or  in  any  other  way, 
as  by  emancipation.  A  wife  in  manu  Deing  consid- 
ered as  a  daughter,  and  a  daughter-in-law  (nurus) 
being  considered  a  granddaughter,  were  sui  here- 
des ;  but  the  latter  only  when  her  husband  was  not 
in  the  power  of  the  intestate  at  the  time  of  his 
death,  which  was  consistent  with  the  law  in  the 
case  of  grandchildren.  Posthumous  children,  who 
would  have  been  in  the  power  of  the  intestate  if  he 
were  living,  were  also  sui  heredes.  The  sui  here- 
des took  the  hereditas  in  equal  shares.  If  there 
was  a  son  or  daughter,  and  children  of  a  son  de- 
ceased, the  children  of  the  deceased  son  took  the 
portion  which  their  parent  would  have  taken.  But 
the  distribution  was  in  stirpes,  that  is,  among  the 
stocks  or  stems  sprung  from  the  ancestor,  and  not 
in  capita,  or  among  the  individuals  :  thus,  if  there 
vere  a  son>  and  the  sons  of  a  deceased  son,  the 
son  would  take  half  of  the  hereditas,  and  the  sons 
of  the  deceased  son  would  take  the  other  half,  in 
equal  shares. 

If  an  intestate  had  no  sui  heredes,  the  Twelve 
Tables  gave  the  hereditas  to  the  agnati.  It  is  sta- 
ted under  Cognati  who  are  agnati.  The  hereditas 
did  not  belong  to  all  the  agnati,  but  only  to  those 
who  were  nearest  at  the  time  when  it  was  ascer- 
tained that  a  person  had  died  intestate.  If  the 
nearest  agnatus  either  neglected  to  take  the  inherit- 
ance, or  died  before  he  had  taken  possession  of  it, 
in  neither  case  did  the  next  in  succession,  as  agna- 
tus, take  the  inheritance.  He  was  the  nearest  agna- 
tus who  was  nearest  at  the  time  when  it  was  ascer- 
tained that  a  person  had  died  intestate,  and  not  he 
who  was  nearest  at  the  time  of  the  death  ;  the 
reason  of  which  appears  to  be,  that  the  hereditas 
was  in  a  sense  the  property  of  the  intestate  until 
his  heir  was  ascertained,  and  his  heir  could  not  be 
ascertained  until  it  was  certain  that  he  had  left  no 
will ;  and,  as  Gaius  observes,  if  he  had  left  a  will, 
still  it  might  happen  that  no  person  would  be  heres 
under  that  will ;  and,  accordingly,  it  seemed  better, 
as  he  observes,  to  look  out  for  the  nearest  agnatus 
at  the  time  when  it  is  ascertained  that  there  is  no 
heres  under  the  will.  If  there  were  several  agnati 
in  the  same  degree,  and  any  one  refused  to  take  his 
share,  or  died  before  he  had  assented  to  take  it, 
euch  share  accrued  (adcrevit)  to  those  who  consent- 
ed to  take  the  hereditas. 

In  the  case  of  women,  there  were  some  peculiar- 
ities which  arose  from  their  legal  status.  The  he- 
reditates  of  women  intestate  came  to  their  agnati 
;-ist  as  the  inheritances  of  males  ;  but  women  who 


were  beyond  the  degree  of  consanguinei  (a  term 
which  legally  means  brothers  and  sisters)  could  not 
take  hereditates  ab  intestate  Thus  a  sister  might 
take  from  a  brother  or  sister  as  legitima  heres,  hut 
an  aunt  or  a  brother's  daughter  could  not  be  a  legit- 
ima heres.  The  principle  of  Roman  law  which 
gave  to  those  who  came  into  the  potestas  cr  manus 
the  quality  of  children  of  the  blood,  was  followe  ' 
out  in  this  case  also :  a  mother  or  a  stepmother 
who  had  come  in  manum  viri  thereby  obtained  the 
status  of  a  daughter  ;  and,  consequently,  as  to  legit- 
imate succession,  there  were  the  same  relations  be- 
tween such  mother  or  stepmother  and  the  husband's 
children  as  there  were  among  the  husband's  chil- 
dren themselves.  But,  by  senatus  consulta  of  An- 
toninus and  Commodus,  the  sons  of  a  wife  not  in 
manu  might  take  as  her  legitimi  heredes,  to  the  ex- 
clusion of  consanguinei  and  other  agnati. 

If  a  person  died  leaving  no  sui  heredes,  but  only 
a  brother  and  another  brother's  children,  the  broth- 
er took  all  as  the  nearest  agnatus.  If  there  was 
no  brother  surviving,  and  only  children  of  brethren, 
the  hereditas  was  divided  among  all  the  children  in 
capita,  that  is,  the  whole  was  equally  divided  among 
all  the  children. 

If  there  were  no  agnati,  the  Twelve  Tables  gave 
the  hereditas  to  the  gentiles.     (Vid.  Gens,  p.  469.) 

Gaius1  briefly  recapitulates  the  strict  law  of  the 
Twelve  Tables  as  to  the  hereditates  of  intestates : 
emancipated  children  could  claim  nothing,  as  they 
had  ceased  to  be  sui  heredes  :  the  same  was  the 
case  if  a  man  and  his  children  were  at  the  same 
time  made  Roman  citizens,  unless  the  imperatoi 
reduced  the  children  into  the  power  of  the  father : 
agnati  who  had  sustained  a  capitis  diminutio  were 
excluded,  and,  consequently,  a  son  who  had  been 
given  in  adoption,  and  a  daughter  who  was  married 
and  in  manu  viri :  if  the  next  agnatus  did  not  take 
possession,  he  who  was  next  in  order  could  not,  for 
that  reason,  make  any  claim :  cognati,  whose  kin- 
ship depended  on  a  female,  had  no  mutual  rights  as 
to  their  hereditates,  and,  consequently,  there  were 
no  such  mutual  rights  between  a  mother  and  her 
children,  unless  the  mother  had  come  in  manum  viri, 
and  so  the  rights  of  consanguinity  had  been  estab- 
lished between  them. 

If  a  man  had  his  son  in  his  power,  he  was  bound 
either  to  make  him  heres,  or  to  exheredate  (exkere- 
dare)  him  expressly  (nominatim).  If  he  passed  him 
over  in  silence  (silentio  praterierit),  the  will  was  al- 
together void  (inutile,  non  jure  factum).  Some  ju- 
rists were  of  opinion,  that  even  if  the  son,  so  passed 
over,  died  in  the  father's  lifetime,  there  could  be  no 
heres  under  that  will.2  Other  liberi  could  be  passed 
over,  and  the  will  would  still  be  a  valid  will ;  but  the 
liberi  so  passed  over  took  a  certain  portion  of  the 
hereditas  adcrescendo,  as  it  was  termed,  or  jure  ad- 
crescendi.  For  instance,  if  the  heredes  instituti 
were  sui,  the  person  or  persons  passed  over  took  an 
equal  share  with  them.  If  the  heredes  instituti 
were  extranei,  the  person  or  persons  passed  over 
took  a  half  of  the  whole  hereditas  ;  and  as  the  prae- 
tor gave  the  contra  tabulas  bonorum  possessio  to 
the  person  so  passed  over,  the  extranei  were  de- 
prived of  all  the  hereditas.  A  rescript  of  the  Em- 
peror Antoninus  limited  the  amount  which  women 
could  take  by  the  bonorum  possessio  to  that  which 
they  could  take  jure  adcrescendi ;  and  the  same 
was  the  law  in  the  case  of  emancipated  females. 

It  was  necessary  to  exheredate  posthumous  chil- 
dren nominatim,  otherwise  the  will,  which  was  ori- 
ginally valid,  became  invalid  (ruptum) ;  and  the  will ' 
became  invalid  by  the  birth  either  of  a  postnumoua 
son  or  daughter,  or,  as  the  phrase  was,  adgnascen- 
do  rumpitur  testamentum.3     Postumi  were  not  only 


1.  (iii.,  12.)— 2.  (Gaius,  ii.,  123,  &c.)— 3.  (Cic.,I)e  Or.,  i.,  57  ) 

499 


HERES. 


HERMES. 


those  wtio  were  oorn  after  the  testator's  death,  but 
also  those  who  might  become  the  sui  heredes  of  the 
testator  by  the  death  of  some  other  person  in  the  tes- 
tator's lifetime.  Thus,  if  a  testator's  son,  who  was 
in  his  power,  had  children,  and  the  son  died  in  the 
testator's  lifetime,  the  grandchildren  became  sui 
heredes,  and  the  testament  became  ruptum  by  this 
quasi  agnatio  :  it  was  therefore  a  necessary  precau- 
tion to  institute  as  heredes  or  to  exheredate  such 
grandchildren.  It  follows  that,  if  the  testament 
could  be  made  invalid  by  this  quasi  agnatio,  it  must 
have  become  invalid  by  a  son  being  born  in  the  life- 
time of  the  testator,  unless  the  will  had  provided 
for  the  case  ;  for  it  became  invalid  if  the  testator 
adopted  a  son  or  a  daughter,1  either  by  adrogation 
or  adoption  properly  so  called,  after  the  date  of  his 
will.  The  case  was  the  same  if  he  took  a  wife  in 
manum  after  the  date  of  the  will. 

The  word  postumus  has  clearly  the  same  signi- 
fication as  postremus,  and  literally  means  a  child 
born  last.  The  passage  of  Gaius  is  defective  where 
he  treats  of  postumi;  but  the  definition  of  postumi, 
as  preserved  in  the  Breviarium,  appears  to  be  exact : 
"  Postumorum  duo  genera  sunt:  quia  postumi  ad- 
pellantur  hi,  qui  post  mortem  patris  de  uzore  nati 
fuerint,  et  Mi  qui  post  testamentum  factum  nascun- 
tur."  Sometimes  the  word  postumus  is  denned 
only  as  a  child  born  after  a  father's  death,  as  we 
see  in  some  of  the  Glossae  ;  but  there  is  no  proof 
that  the  meaning  was  limited  to  such  children  ;  and 
the  passages  sometimes  cited  as  being  to  that  effect3 
have  merely  been  misunderstood. 

Other  cases,  in  which  a  valid  testamentum  be- 
came ruptum  or  irritum,  are  more  properly  consid- 
ered under  Testamentum. 

The  strictness  of  the  old  civil  law  was  modified 
by  the  praetorian  law,  which  gave  the  bonorum  pos- 
sessio  to  those  who  could  not  take  the  hereditas  by 
the  rules  of  the  civil  law.  (Vid.  Bonorum  Posses- 
sion 

The  heres  represented  the  testator  and  intestate,3 
and  had  not  only  a  claim  to  all  his  property,  but 
was  bound  by  all  his  obligations.  He  succeeded  to 
the  sacra  privata,  and  was  bound  to  maintain  them, 
but  only  in  respect  of  the  property,  for  the  obliga- 
tion of  the  sacra  privata  was  attached  to  property 
and  to  the  heres  only  as  the  owner  of  it.  Hence 
the  expression  "sine  sacris  hereditas"  meant  an 
hereditas  unencumbered  with  sacra.* 

The  legislation  of  Justinian  released  the  heres 
who  accepted  an  hereditas  from  all  debts  and  obli- 
gations of  the  testator  or  intestate  beyond  what  the 
property  would  satisfy,  provided  he  made  out  an  in- 
ventory (inventarium)  of  the  property  in  a  certain 
form  and  within  a  given  time.5 

The  heres  could  claim  any  property  which  be- 
longed to  his  testator  or  intestate  by  the  hereditatis 
petitio,  which  was  an  actio  in  rem,  and  properly  be- 
longed to  a  heres  only,  though  it  was  afterward 
given  to  the  bonorum  possessor.  Each  heres  claim- 
ed only  his  share.6 

The  coheredes  shared  among  themselves  the 
property,  and  bore  their  share  of  the  debts  in  the 
same  proportions.  For  the  purpose  of  division  and 
settling  the  affairs  of  the  testator,  a  sale  was  often 
necessary.7  If  the  parties  could  not  agree  about 
the  division  of  the  property,  any  of  them  might 
have  an  actio  familiae  erciscundae.  (Vid.  Family 
Erc.  Ac.) 

The  hereditas  might  be  alienated  by  the  form  of 
in  jure  cessio.  The  heres  legitimus  might  alienate 
the  hereditas  before  he  took  possession  of  it,  and 


1.  (Ulpian.)— 2.  (Dig.  50,  tit.  16,  s.  164  ;  28,  tit.  3,  s.  3.)— 3. 
(Cic,  Leg.,  ii.,  19.— 4.  (Plaut.,  Capt.,  iv.,  1. — Festus,  u.  v. "  Sine 
lacris  hereditas.")— 5.  (Cod.  vi.,  tit.  30,  s.  22.)— 6.  (Cic,  Pro 
Rose.  Com.,  o.  18.)— 7.  (Cic.  ad  Att.,  xi.,  15.) 
500 


the  purchaser  then  became  heres,  just  as  it  he  liad 
been  the  legitimus  heres.  The  scriptus  heres  could 
only  alienate  it  after  the  aditio :  after  such  aliena- 
tion by  him,  or  by  the  heres  legitimus  after  aditio, 
both  of  them  still  remained  heredes,  and,  conse- 
quently, answerable  to  creditors,  but  all  debts  due 
to  them  as  heredes  were  extinguished. 

The  hereditates  of  freediiien  are  more  properly 
considered  under  Liberti  and  Patroni. 

Before  it  was  determined  who  was  heres,  the 
hereditas  was  without  an  owner,  and  was  said  "ja- 
cere."  When  a  heres  was  ascertained,  such  per- 
son was  considered  to  possess  all  the  rights  inci« 
dent  to  the  hereditas  from  the  time  of  the  death  ot 
the  testator  or  intestate.  But  this  does  not  explain 
how  we  are  to  view  the  hereditas  in  the  interval 
between  the  death  of  the  former  owner  and  the 
time  when  the  heres  is  ascertained.  During  such 
interval,  according  to  one  form  of  expression  used 
by  the  Roman  jurists,  the  hereditas  is  a  juristical 
person  (vice  persona  fungituf),  and  is  the  domina, 
that  is,  the  domina  of  itself;  according  to  another 
form  of  expression,  it  represents  the  defunct,  and 
not  the  person  of  the  future  heres.  These  two 
forms  are  the  same  in  meaning,  and  they  express  a 
fiction  which  has  relation  to  the  legal  capacity  of 
the  defunct,  and  not  to  that  of  the  futuie  heres,  and 
which  does  not  involve  the  notion  of  any  juristical 
personality  of  the  hereditas.  The  relation  to  the 
legal  capacity  of  the  defunct  is  this  :  Slaves  gener- 
ally belonged  to  an  hereditas.  A  slave,  as  is  well 
known,  could  acquire  property  for  his  living  master, 
even  without  his  knowledge  ;  but  the  validity  of  the 
act  of  acquisition,  in  some  cases,  depended  on  the 
legal  capacity  of  his  master  to  acquire.  Now  while 
the  hereditas  was  without  an  ascertained  owner, 
many  acts  of  a  slave,  by  which  the  hereditas  might 
receive  additions,  were  strictly  void,  and  such  acta 
could  only  have  their  legal  effect  on  the  supposition 
that  the  slave  had  an  owner  of  a  sufficient  legal  ca 
pacity ;  and,  accordingly,  the  fiction  of  law  gavo 
validity  to  the  act  of  the  slave  by  relation  to  the 
known  legal  capacity  of  the  late  owner,  and  not  by 
relation  to  the  yet  unascertained  owner,  who  might 
not  have  such  legal  capacity.  The  following  arc 
examples :  "  When  a  Roman,  who  had  a  legal  ca- 
pacity to  make  a  will,  died  intestate,  and  another 
person  appointed  as  his  heres  a  slave  who  belonged 
to  this  hereditas,  which  was  still  without  an  owner, 
such  institution  of  a  heres  would  be  valid  by  virtue 
of  this  fiction,  because  it  had  reference  to  the  legal 
capacity  of  the  defunct.  If  there  had  been  no  such 
fiction,  the  validity  of  the  institution  would  havo 
been  doubtful,  for  the  unascertained  legitimus  heres 
might  be  an  intestabilis,  who  (at  least  according  to 
the  old  law)  could  not  be  instituted  heres.  If  a 
soldier  died  and  left  a  will,  which  was  not  yet  open- 
ed, another  testator  might  institute  as  heres  a  slave 
belonging  to  the  soldier's  hereditas,  because  the  in- 
stitution, according  to  this  fiction,  had  reference  to 
the  deceased  ;  but  if  there  were  not  this  fiction,  the 
institution  might  be  void,  inasmuch  as  the  unascer- 
tained heres  might  be  a  peregrinus  who  had  no  tes 
tamentifactio  with  this  other  testator.  It  was  to 
provide  for  such  cases  as  these  only,  that  this  fic- 
tion was  introduced  ;  and  it  had  no  other  object 
than  to  facilitate  certain  acquisitions  by  means  of 
the  slaves  who  belonged  to  an  hereditas." 

This  masterly  exposition  is  by  Savigny.1 

HERMiE,  dimin.  HERMUL^E  ('Epfiat).  The 
Greeks  originally  made  use  of  unhewn  stones  (up- 
yol  lidoi)  to  represent  their  divinities.2  Their  first 
improvement  was  to  cut  these  stones  into  square 

1.  (System  des  heut.  R.  R.,  ii.,  p.  363.— Gaius,  ii.,  99-190.- 
Id.,  iii.,  1-24.— Ulpian,  Frag.— Dig.  28,  29.— Inst.,  ii.,  iii.)— % 
(Paus.,  vii.,22,  t>  3.) 


HERM.EA. 


HEST1ASIS. 


blocks,  thirty  of  which  were  exhibited  to  Pausanias 
in  the  city  of  Pharae.1  In  the  course  of  time,  the 
square  block  was  surmounted  by  the  head  of  the 
deity  it  represented.  Many  images  of  this  kind  are 
described  by  Pausanias  ;  one  of  Poseidon  at  Trico- 
loni  in  Arcadia,2  another  of  Zeus  t&eioq  at  T*gea,3 
and  another  of  Aphrodite  Urania  at  Athens.4  It  is 
probable  that  the  first  statues  of  this  improved  na- 
ture were  those  of  Hermes  or  Mercury,  from  whom 
they  received  their  name  ;  but  the  term  was  applied 
generally  to  that  particular  class  of  statues  termed 
ifiyaciai  repdyuvoi  or  cr^^ara  rerpdyuva,5  even 
though  the  busts  of  other  divinities,  or  persons  of 
either  sex,  surmounted  the  pedestal. 

In  these  works,  the  invention  of  which  is  ascribed 
to  the  Athenians  by  Pausanias,  the  only  parts  of 
the  human  body  developed  were  the  head  and  sex- 
ual organs.  But  when  the  sculptor's  art  was  still 
farther  perfected,  the  whole  torso  was  placed  upon 
a  pedestal ;  and,  finally,  the  pedestal  itself  was 
sometimes  chiselled  to  indicate  the  separation  of 
the  legs,  as  may  be  seen  in  a  tetragonal  female  statue 
in  the  Villa  Albani.6  Two  other  forms  of  the  Her- 
mae  may  be  seen  in  the  British  Museum.7 

Houses  in  Athens  had  one  of  these  statues  placed 
at  the  door,8  which  were  worshipped  by  the  women 
as  instrumental  to  fecundity,  though  not  in  the  most 
delicate  manner  ;9  and  the  great  superstition  attach- 
ed to  them  is  shown  by  the  alarm  and  indignation 
which  were  felt  at  Athens  in  consequence  of  the 
mutilation  of  the  whole  number  in  a  single  night, 
just  before  the  sailing  of  the  Sicilian  expedition.10 

They  were  likewise  placed  in  front  of  temples, 
near  to  tombs,  in  the  gymnasia,  libraries,  and  public 
places,  at  the  corners  of  streets  and  high  roads  as 
signposts,  and  some  are  still  to  be  seen  at  Athens 
with  the  names  of  victors  in  the  gymnastic  contests 
inscribed  upon  them.11  Among  the  Romans  partic- 
ularly they  were  used  for  boundary  landmarks,  ei- 
ther in  their  primitive  form  of  large  stones  or  with 
busts  upon  them,  whence  they  were  styled  termini 
and  lapides  terminates,12  and  as  posts  for  ornamental 
railings  to  a  garden,  in  which  case  they  were  com- 
monly decorated  with  the  busts  of  philosophers  and 
eminent  men,  some  of  which  may  be  seen  at  the 
Vatican,  with  the  square  holes  in  their  shoulders 
into  which  the  transverse  rail  was  inserted. 

As  the  square  part  of  the  statue  represented  Mer- 
cury,13 his  name  is  often  compounded  with  that  of 
the  deity  whose  bust  it  supports.  Thus  the  Her- 
mathena  which  Atticus  sent  from  Athens  to  Cicero14 
bore  the  bust  of  Minerva;  the  Hermeraclcs1*  those  of 
Hercules.  The  story  of  Hermaphroditus  had  prob- 
ably its  origin  in  some  ancient  statue  of  this  descrip- 
tion, where  the  square  Mercury  was  surmounted  by 
a  female  torso,  like  the  one  in  the  British  Museum.16 

For  the  application  of  the  Hermce  and  Hermulce  in 
the  circus,  vid.  p.  254,  255. 

HERMJ2A  ("Epuata,  festivals  of  Hermes,  cele- 
brated in  various  parts  ot  Greece.  As  Hermes  was 
the  tutelary  deity  of  the  gymnasia  and  palaestrae, 
the  boys  at  Athens  celebrated  the  Hermaea  in  the 
gymnasia.  They  were  on  this  occasion  dressed  in 
their  best,  offered  sacrifices  to  the  god,  and  amused 
themselves  with  various  games  and  sports,  which 
were  probably  of  a  more  free  and  unrestrained  char- 
acter than  usual.      Hence  the   gymnasiarch  was 


1.  (Pans.,  1.  c.)— 2.  (viii.,  35,  $  6.)— 3.  (lb.,  48,  $  4.)— 4.  (i., 
19,  *  ».)— 5.  (Thucyd.,  vi.,27.—  Paus.,  iv.,  33,  6  4.)— 6  (Winck- 
«lm.,  Sloria  delle  Arte,  torn.  1,  tav.  1.)— 7.  (Chamber  1,  No.  3.— 
Chamber  3,  No.  35.)— 8.  (Thucyd.,  vi.,  27.— ^Eliati,  V.  II.,  ii., 
41) — 9.  (Vid.  bas-velief  in  Boissarde,  Antiq.  Roman.,  part  1.) — 
10.  (Thucyd.,  vi.,  27.— Andoc.,  De  Mvst.)— 11.  (Leake,  Athens, 
p.  1",  n.  3.)— 12.  (Amm.  Marcell.,  xviii.,  2,  15.— Compare  Ti- 
bull  \.,  iii.,  44.— Vir^.,  JEn.,  xii.,  89".)— 13.  (Cic.  ad  Alt.,  i., 
8-/ — 14  ;ad  Att.,  i.,  1,  4  )— 15.  (ib.,  10.)— Id.  (Chamber  6,  No. 
66.) 


prohibited  by  a  law  of  Solon1  from  admitting  anj 
adults  on  the  occasion.  This  law,  however,  was 
afterward  neglected,  and  in  the  time  of  Plato2  we 
find  the  boys  celebrating  the  Hermaea  in  a  palaestra, 
and  in  the  presence  of  persons  of  all  ages.3  (Com- 
pare Gymnasium,  p.  482.) 

Hermaea  were  also  celebrated  in  Crete,  where, 
on  this  occasion,  the  same  custom  prevailed  which 
was  observed  at  Rome  during  the  Saturnalia ;  for 
the  day  was  a  season  of  freedom  and  enjoyment  for 
the  slaves,  and  their  masters  waited  upon  them  at 
their  repasts.4 

The  town  of  Pheneos,  in  Arcadia,  of  which  Hermes 
was  the  principal  divinity,  likewise  celebrated  Her- 
maea with  games  and  contests.5  A  festival  of  the 
same  kind  was  celebrated  at  Pellene.6  Tanagra  in 
Boeotia,7  and  some  other  places,  likewise  celebrated 
festivals  of  Hermes,  but  particulars  are  not  known 

HERMATHE'NA.  (Vid.  Hermce.) 

HERMERACL^E.  (Vid.  Hermce.) 

♦HERMODACT'YLUS  (epfiodd/crvloc),  the  same 
with  the  Colchicum  autumnale,  or  Meadow  Saffron. 
"My  limits,"  observes  Adams,  "will  not  afford 
room  to  discuss  fully  the  much-agitated  question 
respecting  the  Hermodactylus  of  the  ancients.  It 
is  to  be  remarked,  however,  in  the  first  place,  that 
Paulus  JEgineta  entirely  omits  treating  of  the  koa- 
Xikov  of  Dioscorides  by  name,  and  in  place  of  it  has 
the  epuoduKTV?.oc.  This  circumstance  forms  a  strong 
presumption  that  the  two  substances  were  identical. 
And  again,  Serapion,  in  his  chapter  on  Hermodacty- 
lus, gives  the  words  of  Paulus  iEgineta  along  with 
Dioscorides'  chapter  on  Colchicum.  It  seems  unde- 
niable, then,  that  the  Arabians  held  the  Hermodac- 
tylus to  be  the  same  as  the  Colchicum ;  and,  accord- 
ingly, the  highest  authorities  in  modern  times  on 
the  Res  Herbaria  of  the  ancients,  such  as  Bergius, 
Tournefort,  Humelbergius,  Geoffroy,  Prosper  Alpi- 
nus,  Dr.  Paris,  and  many  others,  recognise  the 
Hermodactylus  as  the  Colchicum  autumnale,  or  Mead- 
ow Saffron.  Still,  however,  Sprengel  joins  Matthi- 
olus  and  Dr.  Murray  in  referring  it  to  the  Iris  tuber- 
osa.  After  impartially  examining  the  evidence  on 
both  sides,  I  continue  to  be  of  the  opinion  expressed 
by  me  formerly,  that  the  ancient  epnoddnrvloc  was 
the  Meadow  Saffron."8 

*HERPYLLUS  (epTrv7J.oc),  according  to  most 
authorities,  the  Wild  Thyme,  or  Thymus  serpyllum, 
L.  Sibthorp,  however,  inclines  to  refer  it  to  a  spe- 
cies which  he  found  in  great  abundance  near  the 
Ilissus,  called  by  him  Thymus  incanus.  The  wild 
kind,  which  Dioscorides  calls  £vytc,  is  the  Thymus 
zygis.9 

*HESP'ERIS  (e<j7tepic),  a  plant,  the  same  with 
the  Hesperis  matronalis,  or  Dame's  Violet.  Spren- 
gel, however,  prefers  the  Hesperis  tristis.10 

HERO'A.     (Vid.  Funus,  p.  457.) 

HESTIA.     (Vid.  Focus.) 

HESTPASIS  (io-Ttaaig)  was  a  species  of  liturgy, 
and  consisted  in  giving  a  feast  to  one  of  the  tribes 
at  Athens  (rijv  <pv?$v  ectitjv11).  It  was  provided  for 
each  tribe  at  the  expense  of  a  person  belonging  to 
that  tribe,  who  was  called  ecTidrup  12  Harpocra- 
tion1'  states,  on  the  authority  of  the  speech  of  De- 
mosthenes against  Meidias,  that  this  feast  was 
sometimes  provided  by  persons  voluntarily,  and  at 
other  times  by  persons  appointed  by  lot ;  but,  as 
Bockh  remarks,  nothing  of  this  kind  occurs  in  the 
speech,  and  no  burden  of  this  description  could  have 

1.  (iEschin.,  c.  Timarch.,  p.  38.)— 2.  (Lysis.,  p.  206,  D.,  &c.) 
— 3.  (Becker,  Charikles,  i.,  p.  335,  &c.) — 4.  (A*hen.,  xiv.,  p. 
639.)— 5.  (Paus.,  viii.,  14,  7.)— 6.  (Schol.  ad  Pind.,  CI.,  vii.,  156. 
— Schol.  ad  Pind.,  Nem.,  x.,  82.)— 7.  (Paus.,  ix.,  2S,  4  2.)— 8 
(Adams,  Append.,  s.  t.) — 9.  (Adams,  Append.,  s.  v.) — 10.  (Ad» 
ams,  Append.,  s.  v.) — li.  (Demosth.,  c.  Meid.,  p.  565,  10. — Pol 
lux,  Onom.,  iii.,  67.)— 12.  (Demosth  c.  Bceot.,  p.  996,  24  )— II 
(s.  v.  'EantzT-.o  ) 

501 


HETJERJE. 


HET^ER^E. 


»eeu  imposed  upon  a  citizen  by  lot.  The  EOTiuropec 
were  doubtless  appointed,  like  all  persons  serving 
liturgies,  according  to  the  amount  of  their  property 
in  some  regular  succession.  These  banquets  of 
the  tribes,  called  ^vXerma  (hlnva  by  Athenaeus,1 
were  introduced  for  sacred  purposes,  and  for  keep- 
ing up  a  friendly  intercourse  between  persons  of  the 
same  tribe,  and  must  be  distinguished  from  the 
great  feastings  of  the  people,  which  were  defrayed 
from  the  Theorica.2 

HETJERJE  (eracpai).  The  word  eracpa  original- 
ly only  signified  a  friend  or  companion,  but  at  Ath- 
ens and  other  towns  of  Greece  it  was  afterward 
used  as  a  euphemistic  name  for  7r6pv7j,  that  is,  a 
prostitute  or  mistress.3  As  persons  of  this  class 
acted  a  much  more  prominent  and  influential  part 
in  some  of  the  Greek  states  than  in  any  of  the  most 
demoralized  capitals  of  modern  times,  we  cannot 
avoid,  in  this  work,  to  state  their  position  and  their 
relations  to  other  classes  of  society.  But  as  their 
conduct,  manners,  ensnaring  artifices,  and  imposi- 
tions have  at  all  times  and  in  all  countries  been 
the  same,  we  shall  confine  ourselves  to  those  points 
which  were  peculiar  to  the  hetserae  in  Greece. 

First  we  may  mention  that  the  young  men  at 
Athens,  previous  to  their  marriage,  spent  a  great 
part  of  their  time  in  the  company  of  hetserae  without 
its  being  thought  blamable  in  any  respect  whatever. 
Marriage,  indeed,  produced,  on  the  whole,  a  change 
in  this  mode  of  living  of  young  men,  but  in  innu- 
merable instances  even  married  men  continued  their 
intercourse  with  hetaerae,  without  drawing  upon 
themselves  the  censure  of  public  opinion  ;  it  seems, 
on  the  contrary,  evident,  from  the  manner  in  which 
Demosthenes*  relates  the  history  of  Lysias  the 
sophist,  that  such  connexions  after  marriage  were 
not  looked  upon  as  anything  extraordinary  or  in- 
consistent, provided  a  man  did  not  offend  against 
public  decency,  or  altogether  neglect  his  legitimate 
wife  and  the  affairs  of  his  household,  as  was  the 
case  with  Alcibiades.5  This  irregular  condition  of 
private  life  among  the  Greeks  seems  to  have  arisen 
chiefly  from  two  causes :  first,  from  the  great  love 
of  sensual  pleasures,  which  the  Greeks  appear  to 
have  possessed  even  in  a  much  higher  degree  than 
most  other  southern  nations ;  and,  secondly,  from 
the  generally  prevailing  indifference  between  hus- 
bands and  wives.  As  regards  the  latter  point,  mat- 
rimonial life,  in  the  historical  times  of  Greece,  was 
very  different  from  that  which  we  find  described  in 
the  heroic  age.  How  this  change  was  brought 
about  is  not  clear ;  but  it  can  scarcely  be  doubted 
that,  generally  speaking,  the  Greeks  looked  upon 
marriage  merely  as  a  means  of  producing  citizens 
for  the  state.6  The  education  of  women  was  al- 
most entirely  neglected  ;  they  were  thought  a  kind 
of  inferior  beings,  less  endowed  by  nature,  and  in- 
capable of  taking  any  part  in  public  affairs,  and  of 
sympathizing  with  their  husbands.  In  an  intellect- 
ual point  of  view,  therefore,  they  were  not  fit  to  be 
agreeable  companions  to  their  husbands,  who  con- 
sequently sought  elsewhere  that  which  they  did  not 
find  at  home.  It  is  true,  the  history  of  Greece  fur- 
wishes  many  pleasing  examples  of  domestic  happi- 
ness and  well-educated  women,  but  these  are  ex- 
ceptions, and  only  confirm  the  general  rule.  A 
consequence  of  all  this  was,  that  women  were 
bound  down  by  rules  which  men  might  violate  with 
impunity  ;  and  a  wife  appears  to  have  had  no  right 
to  proceed  against  her  husband,  even  if  she  could 
prove  that  he  was  unfaithful,7  although  she  herself 

1.  (v.,  p.  185,  d.)—  2.  (Bockh,  Public  Econ.  of  Athens,  ii.,  p. 
221. — Wolf,  Proleg-.  ad  Demosth.,  Leptin.,  p.  lxxxvii.,  note  60.) 
— 3.  (Plut.,  Solon,  c.  15. — Athen.,  xiii.,  p.  571.) — 4.  (c.  Ncaer., 
p.  1351,  &c.) — 5.  (Andoc-,  c.  Alcib.,  p.  117.) — 6.  (Demosth.,  c. 
Neaer.,  p.  1386.— Becker,  Charikles,  ii.,  p.  215,  &c.)— 7.  (Plaut., 
Meroal ,  iv.,  6,  3.) 
502 


was  subject  to  severe  punishment  if  she  was  de- 
tected. The  isolated  testimony  of  a  late  writer  like 
Alciphron,1  who  represents  a  wife  threatening  her 
husband  that,  unless  he  would  give  up  his  dissolute 
mode  of  living,  she  would  induce  her  father  to  bring 
a  charge  against  him,  can,  as  Becker2  observes, 
prove  nothing,  inasmuch  as  a  neglect  of  family  af- 
fairs might,  in  this  case,  have  been  the  ground  for 
accusation. 

But  to  return  to  the  hetaerae  :  the  state  not  only 
tolerated,  but  protected  them,  and  obtained  profit 
from  them.  Solon  is  said  to  have  established  a 
TTopvelov  (also  called  TraidioKelov,  kpyaoTTJpiov,  or  cX 
Krjfia),  in  which  prostitutes  were  kept,3  and  to  have 
built  the  temple  of  Aphrodite  Pandemus  with  the 
profit  which  had  been  obtained  from  them.  At  a 
later  period  the  number  of  such  houses  at  Athens 
was  increased,  and  the  persons  who  kept  them  were 
called  iropvo6ooKoi,  lenones.  The  conduct  of  the 
hetaerae  in  these  houses  is  described  in  Athenaeus.* 
All  the  hetaerae  of  these  houses,  as  well  as  individ- 
uals who  lived  by  themselves  and  gained  their  live- 
lihood by  prostitution,  had  to  pay  to  the  state  a  tax 
(iropvinbv  reXogY,  and  the  collecting  of  this  tax  was 
every  year  let  by  the  senate  to  such  persons  (reAw- 
vai  or  TTopvore'XCdvai6)  as  were  best  acquainted  with 
those  who  had  to  pay  it.  The  hetaerae  were  under 
the  superintendence  of  the  ayopavdfioi,7  and  their 
places  of  abode  were  chiefly  in  the  Ceramicus.8 

The  number  of  private  hetaerae,  or  such  as  did 
not  live  in  a  nopvelov,  was  very  great  at  Athens. 
They  were,  however,  generally  not  mere  prostitutes, 
but  acted  at  the  same  time  as  flute  or  cithara  play 
ers,  and  as  dancers,  and  were,  as  such,  frequently 
engaged  to  add  to  the  splendour  of  family  sacrifices,' 
or  to  enliven  and  heighten  the  pleasures  of  men  at 
their  symposia.  Their  private  abodes,  where  oftea 
two,  three,  and  more  lived  together,  wrere  also  fre- 
quently places  of  resort  for  young  men.10  Most  of 
these  hetaerae  not  only  took  the  greatest  care  to  pre- 
serve their  physical  beauties,  and  to  acquire  such 
accomplishments  as  we  just  mentioned,  but  paid 
considerable  attention  to  the  cultivation  of  their 
minds.  Thus  the  Arcadian  Lastheneia  was  a  dis- 
ciple of  Plato,11  and  Leontion  a  disciple  of  Epicu- 
rus ;1S  Aspasia  is  even  said  to  have  instructed  Soc- 
rates and  Pericles.  Whatever  we  may  think  of  the 
historical  truth  of  these  and  similar  reports,  they 
are  of  importance  to  the  historian,  inasmuch  as  they 
show  in  what  light  these  hetaerae  wrere  looked  upon 
by  the  ancients.  It  seems  to  have  been  owing  es- 
pecially to  their  superiority  in  intellectual  cultiva- 
tion over  the  female  citizens,  that  men  preferred 
their  society  and  conversation  to  those  of  citizens 
and  wives,  and  that  some  hetaerae,  such  as  Aspasia, 
Lais,  Phryne,  and  others,  formed  connexions  with 
the  most  eminent  men  of  their  age,  and  acquired 
considerable  influence  over  their  contemporaries. 
The  free  and  unrestrained  conduct  and  conversa- 
tion, which  were  not  subject  to  the  strict  conven- 
tional rules  which  honest  women  had  to  observe ; 
their  wit  and  humour,  of  which  so  many  instances 
are  recorded,  were  well  calculated  to  ensnare  young 
men,  and  to  draw  the  attention  of  husbands  away 
from  their  wives.  Women,  however,  of  the  intel- 
lect and  character  of  Aspasia,  were  exceptions  ;  and 
even  Athenian  citizens  did  not  scruple  to  introduce 
their  wives  and  daughters  to  her  circles,  that  they 
might  learn  there  the  secrets  by  which  they  might 
gain  and  preserve  the  affections  of  their  husbands. 
The  disorderly  life  of  the  majority  of  Greek  hetaerae 


1.  (Epist.,  i.,  6.)— 2.  (Charikles,  i.,  p.  112.)— 3.  (Athen.,  im., 
p.  569.)— 4.  (xiii.,  p.  568.)— 5.  (JEsch.,  c.  Timarch.,p.  134,  «fcc.) 
—  6.  (Philonides  ap.  Pollux,  vii.,  2i)2.)  —  7.  (Suidas,  s.  v.  Aid 
ypaftfia.) — 8.  (Hesych.,  s.  v.  KcpafjiCtKdg.) — 9.  (Plaut.,  Epio.,  iii 
4,  64.)— 10.  (Isoc,  Areopag.,  p.  202.  ed.  Beckei  )-»ll.  (Athe« 
xii.,  p.  546.)— 12.  (Athen.,  xiii.,  p.  588.) 


HETAIRESEOS  GRAPHE. 


HIEROMNEMONES. 


is  nowhere  set  forth  in  better  colours  than  in  the 
works  of  the  writers  who  belong  to  the  so-called 
echool  of  the  middle  comedy,  and  in  the  plays  of 
Plautus  and  Terence ;  with  which  may  be  com- 
pared Demosth.,  c.  Near.,  p.  1355,  &c.,  and  Athen., 
book  xiii.  It  was  formerly  supposed  that  at  Athens 
a  peculiar  dress  was  by  law  prescribed  to  the  hetae- 
ro?,  but  this  opinion  is  without  any  foundation.1 

The  town  most  notorious  in  Greece  for  the  num- 
ber of  its  hetserae,  as  well  as  for  their  refined  man- 
ners and  beauty,  was  Corinth.2  Strabo3  states  that 
the  temple  of  Aphrodite  in  this  town  possessed  more 
than  one  thousand  hetserae,  who  were  called  lepo- 
dovTiot,  and  who  were  the  ruin  of  many  a  stranger 
who  visited  Corinth.4  Hence  the  name  Koptvdta 
Kopri  was  used  as  synonymous  with  eratpa,  and  ko- 
otvOtdCeodat  was  equivalent  to  iraipelv.6  At  Spar- 
ta, and  in  most  other  Doric  states,  the  hetaerae  seem 
never  to  have  acquired  that  importance  which  they 
had  in  other  parts  of  Greece,  and  among  the  Greeks 
of  Asia  Minor. 

An  important  question  is  who  the  hetaerae  gener- 
ally were.  The  iepodovhoi  of  Corinth  were,  as  their 
name  indicates,  slaves  belonging  to  Aphrodite  ;  and 
their  prostitution  was  a  kind  of  service  to  the  god- 
dess. Those  iropvai  who  were  kept  at  Athens  in 
public  houses  by  the  Tcopvo6ocncoi,  were  generally 
slaves  belonging  to  these  iropvo^oanoi,  who  compell- 
ed them  to  prostitution  for  the  sake  of  enriching 
themselves  thereby.  The  owners  of  these  nopvac 
were  justly  held  in  greater  contempt  than  the  un- 
happy victims  themselves.  Sometimes,  however, 
they  were  real  prostitutes,  who  voluntarily  entered 
into  a  contract  with  a  rcopvoSoaKoc :  others,  again, 
were  females  who  had  been  educated  in  better  cir- 
cumstances and  for  a  better  fate,  but  had,  by  mis- 
fortunes, lost  their  liberty,  and  were  compelled  by 
want  to  take  to  this  mode  of  living.  Among  this 
last  class  we  may  also  reckon  those  girls  who  had 
been  picked  up  as  young  children,  and  brought  up 
by  TopvoSocKoi  for  the  purpose  of  prostitution.  An 
instance  of  this  kind  is  Nicarete,  a  freed-woman, 
who  had  contrived  to  procure  seven  young  children, 
and  afterward  compelled  them  to  prostitution,  or 
sold  them  to  men  who  wished  to  have  the  exclusive 
possession  of  them.8  Other  instances  of  the  same 
kind  are  mentioned  in  the  comedies  of  Plautus.7 
Thus  all  prostitutes  kept  in  public  or  private  houses 
were  either  real  slaves,  or,  at  least,  looked  upon  and 
treated  as  such.  Those  hetaerae,  on  the  other  hand, 
who  lived  alone,  either  as  mistresses  of  certain  in- 
dividuals or  as  common  hetaerae,  were  almost  inva- 
riably strangers  or  aliens,  or  freed-women.  The 
cases  in  which  daughters  of  Athenian  citizens 
adopted  the  life  of  an  hetaera,  as  Lamia,  the  daugh- 
ter of  Cleanor,  did,8  seem  to  have  occurred  very 
seldom ;  and  whenever  such  a  case  happened,  the 
woman  was  by  law  excluded  from  all  public  sacri- 
fices and  offices,  sank  down  to  the  rank  of  an  alien, 
and  as  such,  became  subject  to  the  izopvtKbv  teXoc : 
she  generally,  also,  changed  her  name.  The  same 
degradation  took  place  when  an  Athenian  citizen 
kept  a  Tropvelov,  which  seems  to  have  occurred  very 
seldom.9 

'ETAIPH2EQ2  TPA«t>H  (haipfjoeog  ypatf).  This 


1.  (Becker,  Charikles,  i.,  p.  126,  &c.)— 2.  (Plato,  De  Rep.,  iii., 
p.  404. — Dio  Chrysost.,  Orat.,  xxxvii.,  p.  119,  ed.  Reiske. — Aris- 
toph.,  Plut.,  149. — Schol.  ad  loc. — Schol.  ad  Lysist.,  90. — Athen., 
xiii.,  p.  573,  &c— Muller,  Dor.,  ii.,  10,  7.)— 3.  (viii.,  6,  p.  211.) 
— 4.  (Wachsmuth,  Hellen.  Alterthumsk.,  ii.,  2,  p.  48,  and  p.  299.) 
-5.  (Eustath.  ad  II.,  ii.,  570.)— 6.  (Demosth.,  c.  Neaer.,  p.  1351, 
Ac.) — 7.  (Compare  Isaeus,  De  Philoctem.  haered.,  p.  143.) — 8. 
(Athen.,  xiii.,  p.  577.)— 9.  (Bockh,  Publ.  Ecou.  of  Athens,  ii.,  p. 
49.— Fr.  Jacobs,  "  Beitrage  Zur  Gesch.  des  Weiblich.  Gesch- 
lech's,"  in  his  "  Vermischte  Schriften."  vol.  iv. — Becker,  Char- 
ikies,  i.,  p.  109-128,  and  ii.,  p.  414-489.  —  Limburjr-Brouwer, 
"  F'stoire  de  la  Civilisation  Morale  et  Religieuse  des  Grecs." — 
Wa<:nsmutb,  Hellen.  Alterthumsk.,  ii.,  2,  p.  43-  &c  » 


action  was  maintainable  against  such  Athenian  cit- 
izens as  had  administered  to  the  unnatural  lusts  o. 
another  ;    but  only  if  after  such  degradation  they 
ventured  to  exercise  their  political  franchise,  and 
aspired  to  bear  office  in  the  state.     From  the  law, 
which  is  recited  by  JEschines,1  we  learn  that  such 
offenders  were  capitally  punished.     The  cause  was 
tried  by  the  court  of  the  thesmothetae.2 
HETAIR'IAI.     (Vid.  Eranoi.) 
HEXA'PHORUM.     (Vid.  Lectica.) 
*HIERAC'ION  (Lepdmov)  a  plant,  of  whici  Di- 
oscorides  mentions  two  kinds,  the  to  fieya  and  the 
to  fiLKpov.     The  former  of  these  Sibthorp  makes  the 
same  with  the  Arnopogon  picroides,  Willd.,  and  the 
latter  with  the  Scorzonera  clongata,  Willd.3 

*HIERAX  (Upa^),  a  term  applied  to  various  spe- 
cies of  Accipitrina,  or  the  Hawk  tribe.  "  The  scho- 
liast on  Apollonius  Rhodius  says,"  remarks  Adams, 
"that  Callimachus  described  six  species  of  Hawk; 
and  Aristotle  mentions  that  some  had  described  ten 
species.*  Linnaeus  applies  the  term  rather  loosely 
to  three  genera,  namely,  the  Striz,  the  Falco,  am' 
the  Psittacus.  The  iepdnec  of  the  Greeks  belong 
principally  to  the  second  of  these.  1.  The  (paocro- 
yovoq  is  the  Falco  palumbarius,  or  Goshawk :  it  is  the 
largest  of  the  genus.5  2.  The  aladlav  of  Aristotle 
was  the  Merlin,  or  Falco  cesalon :  it  is  the  smallest 
of  the  genus.  3.  The  Tptopxyc  of  Aristotle,  ren- 
dered Buteo  by  Gaza,  is  the  species  of  Buzzard 
called  Ring-tail  in  English,  namely,  the  Circus  py- 
gargus,  L.  4.  The  viroTpiopxne,  or  Sub-buteo,  is 
probably  only  a  variety  of  the  last.  5.  The  /c/p/cof, 
or  third  species  of  Aristotle,  is  not  satisfactorily  de- 
termined :  Button  supposes  it  the  Moor  Buzzard,  or 
Falco  aruginosus,  L.  ;  but  Schneider  thinks  this 
point  uncertain.6  Homer  calls  it  kla^porarog  Trere- 
nvtiv,  'the  swiftest  of  birds.'7  6.  The  ntpKoc,  or 
Gttityac.  of  Aristotle,  in  Latin  Accipitcr  fringillarius, 
was  most  probably  the  Sparrow-hawk,  or  Falco 
nisus,  L.  It  is  deserving  of  remark,  that  the  Nisus 
of  Ovid8  was  the  Sea  Eagle,  that  of  the  later  clas- 
sics the  Sparrow-hawk.  7.  The  ;^aA/ac,  or  nvfuvdic 
of  Homer,  was  most  probably  identical  with  the 
TTTvy^,  but  cannot  be  otherwise  satisfactorily  deter- 
mined.9 8.  The  neyxpic,  or  Keyxpivqc,  or  neyxpnlc, 
or  (as  we  read  it  in  the  Aves  of  Aristophanes)  the 
KepxvTj,  was  the  same  as  the  tinnunculus  of  Pliny, 
namely,  the  Falco  tinnunculus,  or  Kestrel.  9.  The 
two  species  named  darepiac  and  irTepvtc  by  Aris- 
totle10 cannot  be  satisfactorily  ascertained.  10.  The 
ikt'lv  or  UtZvoc  is  the  Kite  or  Gled,  namely,  the 
Milvus  ictinus,  Savigny."11 

*II.  A  flying  fish  mentioned  by  Oppian  and  iElian. 
None  of  the  commentators  can  determine  exactly 
what  it  is." 

HIEREION.     (Vid.  Sacrificium.) 
*HIEROBOT'ANE  (iepo6ordvr]%  a  name  given  by 
Dioscorides  and  others  to  the  Vervain,  as  being  a 
plant  much  used  in  religious  rites  (lepoc,  "  sacred," 
and  (ioTavrj,  "plant").     (Vid.  Verbena.)13 
HIERODOULOI.     (Vid.  Het^r^s.) 
HIEROMANTEIA.     (Vid.  Divinatio,  p.  369.) 
HIEROMNE'MONES    (lepo/iv^ovec)    were   the 
more  honourable  of  the  two  classes  of  representa- 
tives who  composed  the  Amphictyonic  council.  Ad 
account  of  them  is  given  under  Amphictvons,  p. 
49.     We  also  read  of  hieromnemones  in  Grecian 
states,  distinct  from  the  Amphictyonic  representa 
tives  of  this  name.     Thus  the  priests  of  Poseidon, 
at  Megara,  were  called  hieromnemones  ;14  and  at 

1.  (c.  Timarch.,  p.  47.)— 2.  (Meier,  Att.  Proc,  334.)— 3.  (Di- 
oscor.,  iii.,  65,  66. — Adams,  Append.,  s.  v.) — 4.  (Aristot.,  If.  A., 
ix.,  24.)— 5.  (Vid.  II.,  xv.,  238.; —6.  (ad  JEL,  N.  H.,  iv.,  5.)— 7. 
(Od.,  xiii.,  87.)— 8.  (Met.,  viii.,  146.)— 9.  (Didymus  ad  II.,  xiv, 
291.  — Dimrn,  I.ex.  Horn.,  s.  v.)  —  10.  (II.  A.,  ix.,  21.,  —  i. 
(Adams,  Anpei.d.,  s.  v.) — 12.  (Oppian,  i.,  427. — ^Elian,  H.  A, 
ix.,  52.)— 13.  (Dioscor.,  iv.,  61.)— 14.  (Plut.,  Symp..  viii.,  8,  Ut ) 

503 


HILAR  I  A. 


H 1PP0M  Ail  ATHRUM. 


Byzantium,  which  was  a  colony  of  Megara,  the  chief 
magistrate  in  the  state  appears  to  have  been  called 
by  this  name.  In  a  decree  of  Byzantium,  quoted  by 
Demosthenes,1  a  hieromnemon  is  mentioned  who 
gives  his  name  to  the  year ;  and  we  also  find  the 
same  word  on  the  coins  of  this  city.2  At  Chalce- 
don,  another  colony  of  Megara,  a  hieromnemon 
also  existed,  as  is  proved  by  a  decree  which  is  still 
extant.3  An  inscription  found  in  Thasos  also  men- 
tions a  hieromnemon  who  presided  over  the  treas- 
ury.4 

HIERONFCLE.  (Vid.  Athlete,  p.  120.) 
HIEROPHANTES.  (Vid.  Eleusinia.) 
HIEROPOIOI  (lepo'KOLoi)  were  sacrificers  at  Ath- 
ens, of  whom  ten  were  appointed  every  year,  and 
conducted  all  the  usual  sacrifices,  as  well  as  those 
belonging  to  the  quinquennial  festivals,  with  the  ex- 
ception of  those  of  the  Panathenaea.8  They  are  fre- 
quently mentioned  in  inscriptions.6  The  most  hon- 
ourable of  these  officers  were  the  sacrificers  for  the 
revered  goddesses  or  Eumenides  (lepoirotol  rate 
cs/ivalg  deaic),  who  were  chosen  by  open  vote,  and 
probably  only  performed  the  commencement  of  the 
sacrifice,  and  did  not  kill  the  victim  themselves.7 

TEP02YAIA2  rPA$H  (iepoGvliac  ypatyrj).  The 
action  for  sacrilege  is  distinguished  from  the  kIoi^q 
leptiv  xnv^T0)V  7Pa¥h  m  that  it  was  directed  against 
the  otfence  of  robbery,  aggravated  by  violence  and 
desecration,  to  which  the  penalty  of  death  was 
awarded.  In  the  latter  action,  on  the  contrary,  the 
theft  and  embezzlement,  and  its  subject  matter, 
only  were  taken  into  consideration,  and  the  dicasts 
had  a  power  of  assessing  the  penalty  upon  the  con- 
viction of  the  offender.  With  respect  to  the  tribu- 
nal before  which  a  case  of  sacrilege  might  have 
been  tried,  some  circumstances  seem  to  have  pro- 
duced considerable  differences.  The  ypafo)  might 
be  preferred  to  the  king  archon,  who  would  there- 
upon assemble  the  areiopagus  and  preside  at  the 
trial,  or  to  one  of  the  thesmothetae  in  his  character 
of  chief  of  an  ordinary  heliastic  body ;  or,  if  the 
prosecution  assumed  the  form  of  an  apagoge  or 
ephegesis,  would  fall  within  the  jurisdiction  of  the 
Eleven.  Before  the  first-mentioned  court  it  is  con- 
jectured8 that  the  sacrilege  of  the  alleged  spoliation, 
as  well  as  the  fact  itself,  came  in  question ;  that 
the  thesmothetae  took  cognizance  of  those  cases  in 
which  the  sacrilege  was  obvious  if  the  fact  were 
established ;  and  that  the  Eleven  had  jurisdiction 
when  the  criminal  appeared  in  the  character  of  a 
common  robber  or  burglar,  surprised  in  the  com- 
mission of  the  offence.  In  all  these  cases  the  con- 
vict was  put  to  death,  his  property  confiscated,  and 
his  body  denied  burial  within  the  Attic  territory. 
There  is  a  speech  of  Lysias9  extant  upon  this  sub- 
ject, but  it  adds  little  to  our  knowledge,  except 
that  slaves  were  allowed  upon  that  occasion  to  ap- 
pear as  informers  against  their  master — a  resident 
alien — and  anticipated  their  emancipation  in  the 
event  of  his  conviction. 

HILA'RIA  (pMpia)  seems  originally  to  have  been 
a  name  which  was  given  to  any  day  or  season  of 
rejoicing.  The  hilaria  were,  therefore,  according 
to  Maximus  Monachus,10  either  private  or  public. 
Among  the  former  he  reckons  the  day  on  which  a 
person  married,  and  on  which  a  son  was  born  ; 
among  the  latter,  those  days  of  public  rejoicings 
appointed  by  a  new  emperor.  Such  days  were  de- 
voted to  general  rejoicings  and  public  sacrifices, 


1.  (Pro  Corona,  p.  255,  20.— -Compare  Polyb.,  iv.,  52,  t>  4.)— 2. 
fEckhel,  Doctr.  Num.,  vol.  ii.,  p.  31,  &c.)— 3.  (Muller,  Dor., 
iii.,  9,  i)  10.)— 4.  (Bcickh,  Corp.  Inscr.,  vol.  ii.,  p.  183,  184.)— 5. 
(Pollux,  Onom.,  viii.,  107. — Photius,  s.  v.  ltponotoi.) — 6. 
(BScfch,  Corp.  Inscr.,  vol.  i.,  p.  250  )— 7.  (Demosth.,  c.  Meid., 
f.  55%  6.— Bookh,  Publ.  Econ.  of  Athens,  i.,  p.  288.)— 8.  (Meier, 
An.  Proc,  307.)— 9.  (Pro  Culha,)— 10.  (Schol.  ad  Dionys.  Are- 
Bpiiff.,  Epist.,  8.) 
504 


and  no  one  was  allowed  to  show  any  traces  of  g-iiei 
or  sorrow. 

But  the  Romans  also  celebrated  hilaria,  as  a  feria 
stativa,  on  the  25th  of  March,  in  honour  of  Cybele, 
the  mother  of  the  gods  ;*  and  it  is  probably  to  dis- 
tinguish  these  hilaria  from  those  mentioned  above, 
that  Lampridius8  calls  them  Hilaria  Matris  Deum. 
The  day  of  its  celebration  was  the  first  after  the 
vernal  equinox,  or  the  first  day  of  the  year  which 
was  longer  than  the  night.  The  winter,  with  its 
gloom,  had  passed  away,  and  the  first  day  of  a  bette7 
season  was  spent  in  rejoicings.3  The  manner  of 
its  celebration  during  the  time  of  the  Republic  ia 
unknown,  except  that  Valerius  Maximus*  mentionft 
games  in  honour  of  the  mother  of  the  gods.  Re- 
specting its  celebration  at  the  time  of  the  Empire 
we  learn  from  Herodian5  that,  among  other  things 
there  was  a  solemn  procession,  in  which  Vae  status 
of  the  goddess  was  carried,  and  before  this  statu© 
were  carried  the  most  costly  specimens  of  plate 
and  works  of  art  belonging  either  to  wealthy  Ro- 
mans or  to  the  emperors  themselves.  All  kinds  of 
games  and  amusements  were  allowed  on  this  day : 
masquerades  were  the  most  prominent  among  them, 
and  every  one  might,  in  his  disguise,  irritate  whom- 
soever he  liked,  and  even  magistrates. 

The  hilaria  were  in  reality  only  \aa  last  day  of  a 
festival  of  Cybele,  which  commerced  on  the  22d  of 
March,  and  was  solemnised  bv  tne  Galli  with  va- 
rious mysterious  rites.*  It  iur.y  also  be  observed 
that  the  hilaria  are  neither  rr^entioned  in  the  Roman 
calendar  nor  in  Ovid's  Fasti. 

*HIMANTO'POUS  ('fiuvroTrovc),  a  species  of 
bird,  which  Turner  conjectures  to  be  the  Red-shank. 
Gesner,  however,  prefers  the  Sea-pie,  or  Oyster- 
catcher,  the  Hcematonus  ostralegus,  L.7 

HIMATION.     (Vid.  Pallium.) 

*HINNUS.     (Vid.  Ginnus.) 

*HIPPARCHU^  (Inirapxoi),  an  animal  described 
by  Oppian.     Probably  the  same  with  the  i-KKtka- 

HIPPARMOSTES.     (Vid.  Army,  Greek,  p.  98.) 

*HIPPEL'APHUS  ('ntTtelaqoc ),  a  large  animal  oi 
the  deer,  or,  rather,  antelope  kind,  mentioned  by 
Aristotle.  Cuvier  takes  it  to  be  the  Capra  cega- 
grus  of  Pallas,  the  same  as  the  Tragdaphus  of 
Pliny.  Buffon  makes  it  to  be  the  Cerf  des  Arden- 
nes. The  Greek  name  means  literally  "  horse- 
stag."9 

♦HIPPOCAMPUS  (ImroKafiTcoc),  a  fabulous  ani- 
mal, described  by  the  ancient  poets  as  a  species  of 
Seahorse,  having  a  tail  like  a  fish,  on  which  the 
seagods  ride. — Modern  naturalists,  however,  apply 
the  term  to  a  species  of  fish,  the  Syngnathus  Hippo- 
campus, called  in  Italian  Cavillo  marino,  and  in  Eng- 
lish Seahorse,  because  its  head  has  some  resem- 
blance to  that  of  a  horse.  It  grows  to  the  length  oi 
eight  or  twelve  inches.10 

*HIPPOLAP'ATHUM  ('nrncMTradov).  a  plant,  a 
kind    of  Dock;    Lapathum  hortense.      {Vid.  Lafa- 

THUM.)11 

*HIPPOM'ANES  (tKiroiuaves),  a  plant,  said  to 
grow  especially  in  Arcadia,  sought  for  and  eagerly 
devoured  by  horses  ;  or,  as  others  say,  producing  in 
them  raging  desire  or  madness.12 

*JI.  A  preparation  from  the  Spurge  or  Euphorbia, 
as  far,  at  least,  as  we  can  infer  from  what  7'heophras- 
tus  says  of  it.13 

*HIPPOMAR'ATHRUM  ('nnropdpadpov).  Adams 
observes  that  Stackhouse  "  makes  the  iirirouupadpoi- 

1.  (Macrob.,  Sat,  i,  21.)  — 2.  (Alexand.  Sev.,  c.  37.)— 3. 
(Flav.  Vopisc,  Aurelian,  c.  1.)— 4.  (ii.,  4,  3.)— 5.  (i.,  10,  13.)— 
6.  (Ovid,  Fast.,  iv.,  337,  &c.)— 7.  (Oppian,  iii.,  251  )  —8.  (Ad- 
ams, Append.,  s.  v.)  — 9.  (Donnegan,  s.  v. — Adams,  Append.,  & 
v.)  —  10.  (^Elian,  N.  A.,  iv.,  14.  —  Adams,  Arpend.,  s.  v.)-~-Il 
(Dioscor.,ii.,  141.)- -12.  (Theocrit.,  Id.,  ii.,  48.  —  Schol.  adljcj 
— 13.  (Theophrast.,  H.  P    iT    IV 


HIRUNDO. 


HTSTR/O. 


*f  Theophrastus  to  be  the  Ferula  communis ;  but 
Bprengel,  in  his  History  of  Botany,  holds  the  I.  of 
Theophrastus  and  Hippocrates  to  be  the  Cachrys 
ticula.  In  his  edition  of  Dioscorides,  he  refers  the 
first  species  of  this  author  to  the  Cachrys  Morrisonii, 
Vahl.  Dierbach  agrees  with  Sprengel  respecting 
the  I.  of  Hippocrates."1 

HIPPOPE'R.E  (iirirmriipai),  Saddle-bags.  This 
appendage  to  the  saddle  (vid.  Ephippium)  was  made 
r>\  leather  (sacculi  scortei2),  and  does  not  appear  ever 
it:  have  changed  its  form  and  appearance.  Its  prop- 
er Latin  name  was  bisaccium,3  which  gave  origin  to 
bisaccia  in  Italian,  and  besace  in  French.  By  the 
Gauls,  saddle-bags  were  called  bulgce*  because  they 
bulge  or  swell  outward  ;  this  significant  appellation 
is  still  retained  in  the  Welsh  bolgan  or  bwlgan.  The 
more  elegant  term  hippopera.  is  adopted  by  Seneca,5 
when,  in  recommendation  of  the  habits  of  frugality, 
he  cites  the  example  of  Cato  the  censor,  who  rode 
with  saddle-bags  for  the  conveyance  of  whatever 
was  necessary  to  him  in  travelling. 

*HIPPOPH'AES  {imcoQaeg),  a  species  of  plant. 
Stackhouse  suggests  that  it  is  the  Dipsacus  fullonum, 
but  admits  that  he  entertains  doubts  respecting  it. 
Sprengel,  in  his  History  of  Botany,  holds  it  to  be 
the  Hippopha'es  rhamnoides  ;  but  in  his  edition  of  Di- 
oscorides he  advances  what  Adams  considers  the 
rery  probable  opinion  that  it  is  the  Euphorbia  spinosa, 
or  Thorny  Spurge.6 

*HIPPOPH^ESTUM  (l^o<j>ai<TTov),  a  plant. 
"  Sprengel,  in  his  History  of  Botany,  calls  it  the 
Cnicus  stellatus,  but  in  his  edition  of  Dioscorides  he 
follows  Columna  in  referring  it  to  the  Cirsium  stel- 
lalum,  or  Allion.  I  am  at  a  loss  to  say  whether  or 
not  the  latter  be  a  synonyme  of  the  other."7 

*HIPPOPOT'AMOS  (iktzoc  6  iroTufiioc),  the  Riv- 
er-horse, or  Hippopotamus  amphibius.  An  accurate 
description  is  given  by  Herodotus,  Aristotle,  Dios- 
corides, and  other  ancient  writers.8 

♦HIPPOS,  the  Horse.     (Vid.  Equus.) 

*HIPPOSELPNON  (iicieooefavov),  a  plant,  which 
all  the  authorities  agree  in  making  the  same  with 
the  Smyrnium  olus  atrum,  called  in  English  Alcsan- 
dcrs* 

*HIPPOURIS  (iKTTovpic),  an  aquatic  plant,  the 
Horse-tail.  According  to  Adams,  the  first  species 
of  Dioscorides  would  seem  to  be  the  Equisetum  Jlu- 
viatile,  and  the  other  the  E.  limosum,  two  species 
of  Horse-tail  well  known  in  Great  Britain.  The  liz- 
vov  of  Theophrastus,  according  to  the  same  author- 
ity, is  most  probably  the  Hippuris  vulgaris,  or  Mare's 
tail,  as  Sprengel  suggests.10 

*HIPPU'RUS  (lirirovpog),  a  species  of  Fish,  the 
Coryphena  Hippurus,  L.  "  Artedi  says  it  is  called 
the  Dolphin  in  England,  but  this  is  merely  the  triv- 
ial name  given  to  it  by  seamen.  Dorion,  an  author 
quoted  by  Athertaeus,  states  that  it  was  sometimes 
called  KopvQalva,  and  hence  the  Linnaean  name  of 
it  i3  formed.  Coray  says  it  grows  to  the  length  of 
four  or  five  feet."11 

♦HIRUDO,  the  Leech.     (Vid.  Bdella.) 

*HIRUNDO  (xelcduv),  the  Swallow.  "Three 
birds  of  the  Swallow  tribe,"  observes  Adams,  "  are 
briefly  noticed  by  Aristotle.12  The  first  is  either  the 
Hip  undo  urbica,  the  Martin,  or  H.  ruslica,  the  Chim- 
ney Swallow.    ^Elian13  seems  to  point  to  the  latter. 

1.  (Hippocrat,  Nat.  Mulier. — Theophrast.,  H.  P.,  vi.,  3. — Di- 
csenr.,  in..  75. — Adams,  Append.,  s.  v.)  — 2.  (Festus,  s.  v.  Bul- 

£».)— 3.  (Petron.,  Sat.,  31.)  —  4.  (Festus,  1.  c.  —  Onomast.  Gr. 
at.)— 5.  (Epist.,  88.)— 6.  (Dioscor.,  iv.,  159.—  Theophrast.,  ix., 
15.  —  Adams,  Append.,  s.  v.)  —  7.  (Dioscor.,  iv.,  170.  —  Adams, 
Append.,  a.  v.)— 8.  (Herod.,  ii.,  71.— Aristot.,  II.  A.,  ii.,  4.— Di- 
a»»>r.,  M.  M..  ii.,  25.— Nicand.,  Ther.,  565.)  —9.  (Theophrast., 
H.  P.,  ii.,  2  —Id.,  C.  P.,  vi.,  12.— Dioscor.,  iii.,  71.)— 10.  (Dios- 
cor ,  iv.,  46.— Geopon.,  ii.,  6.— Theophrast.,  II.  P.,  iv.,  10.— Ad- 
aniB,  Append.,  s.  v.)— 11.  (Aristot.,  H.  A.,  viii.,  13.  —  Plin.,  H. 
N.,  ix.,  16 — Id  ib.,  xxxii.,  9. — Adams.  Append  ,  s.  v.) — 19  (II. 
A.,  ix.,  2.)— 13.  (N  A.,  i.,  52.) 

s  ■  ■ 


The  second  is  probably  the  Swift;  and  the  third  tha 
H.  riparia,  or  Bank  Swallow.  Aristotle  favours  the 
opinion  which  received  the  countenance  of  Linnae- 
us, but  has  since  been  exploded,  that  swallows  hide 
themselves  in  holes  during  the  winter,  and  do  not 
migrate  to  distant  countries.  Herodotus  states' 
that  the  swallows  do  not  migrate  from  Egypt. 
This  would  imply  that  he  held  that  they  migrate 
from  other  countries.  Some  have  conjectured  that 
Homer  meant  the  Swallow  by  the  bird  which  he 
names  dvonaia,  or  navoiraia,  as  some  read  it.8 

HISTOS  (lords).     (Vid.  Malus.) 

HI'STRIO,  an  Actor. 

I.  Greek  Actors  (imoKpiTai).  It  is  shown  in 
the  articles  Chorus  and  Dionysia  that  the  Greek 
drama  originated  in  the  chorus  which  at  the  festi- 
vals of  Dionysus  danced  around  his  altar,  and  that 
at  fiust  one  person  detached  himself  from  the  cho- 
rus, and,  with  mimic  gesticulation,  related  his  story 
either  to  the  chorus  or  in  conversation  with  it.  If 
the  story  thus  acted  required  more  than  one  person, 
they  were  all  represented  in  succession  by  the  same 
actor,  and  there  was  never  more  than  one  person 
on  the  stage  at  a  time.  This  custom  was  retained 
by  Thespis  and  Phrynichus.  But  it  was  clear  that 
if  the  chorus  took  an  active  and  independent  part  in 
such  a  play,  it  would  have  been  obliged  to  leave  its 
original  and  characteristic  sphere.  ^Eschylus  thei  e- 
fore  added  a  second  actor,  so  that  the  action  and 
the  dialogue  became  independent  of  the  chorus,  and 
the  dramatist,  at  the  same  time,  had  an  opportunity 
of  showing  two  persons  in  contrast  with  each  othei 
on  the  stage.3  Towards  the  close  of  his  career, 
^Eschylus  found  it  necessary  to  introduce  a  third 
actor,  as  is  the  case  in  the  Agamemnon,  Choephori, 
and  Eumenides.*  This  number  of  three  actors  wa3 
also  adopted  by  Sophocles  and  Euripides,  and  was 
but  seldom  exceeded  in  any  Greek  drama.  In  the 
CEdipus  in  Colonus,  however,  which  was  performed 
after  the  death  of  Sophocles,  four  actors  appeared 
on  the  stage  at  once,  and  this  deviation  from  the 
general  rule  was  called  Trapaxopvyvfia-5'  The  three 
regular  actors  were  distinguished  by  the  technical 
names  of  Trpurayuviar^c,  devrspayovLar^c,  and  rpi- 
TayuvioT7)c,6  which  indicated  the  more  or  less  prom- 
inent part  which  an  actor  had  to  perform  in  the 
drama.  Certain  conventional  means  were  also  de- 
vised, by  which  the  spectators,  at  the  moment  an 
actor  appeared  on  the  stage,  were  enabled  to  judge 
which  part  he  was  going  to  perform  ;  thus  the  pro- 
tagonistes  always  came  on  the  stage  from  a  door  in 
the  centre,  the  deuteragonistes  from  one  on  the 
right,  and  the  tritagonistes  from  a  door  on  the  left 
hand  side.7  The  protagonistes  was  the  principal 
hero  or  heroine  of  a  play,  in  whom  all  the  power 
and  energy  of  the  drama  were  concentrated  ;  and 
whenever  a  Greek  drama  is  called  after  the  name 
of  one  of  its  personae,  it  is  always  the  name  of  the 
character  which  was  performed  by  the  protagonis- 
tes. The  deuteragonistes,  in  the  pieces  of  iEschy- 
lus  for  two  actors,  calls  forth  the  various  emotions 
of  the  protagonistes,  either  by  friendly  sympathy  or 
by  painful  tidings,  &c.  The  part  of  a  tritagonistes 
is  represented  by  some  external  and  invisible  pow- 
er, by  which  the  hero  is  actuated  or  caused  to  suf- 
fer. When  a  tritagonistes  was  added,  the  part  as- 
signed to  him  was  generally  that  of  an  instigator, 
who  was  the  cause  of  the  sufferings  of  the  protago- 
nistes, while  he  himself  was  the  least  capable  of 
depth  of  feeling  or  sympathy.  The  deuteragonistes. 
in  the  dramas  for  three  actors,  is  generally  distin- 
guished by  loftiness  and  warmth  of  feeling,  but  haa 

1.  (ii.,  48.)— 2.  (Adams,  Append.,  s.  v.)— 3.  f Aristot.,  Poet., 
ii.,  14.)  — 4.  (Pollux,  Onoin.,  iv..  110.)  — 5  (Pollux,  1.  c.)  —  6 
(Suidas,  s.  v.  TptTaywvtoTfc.  —  Demosth.,  De  Coron.,  p.  315. — 
Id.,  De  Fall.  L*?.,  p.  344  and  40J  !— 7.  (Pollux,  Onom.,iv.,  124.) 

505 


HISTRIO. 


HISTRIO. 


not  its  dt  pth  and  vehemence  peculiar  to  the  prota- 
gonistes,  and  thus  serves  as  a  foil  to  set  forth  the 
character  of  the  chief  hero  in  its  most  striking  and 
vivid  colours.1 

The  female  characters  of  a  play  were  always  per- 
formed by  young  men.  A  distinct  class  of  persons, 
who  made  acting  on  the  stage  their  profession,  was 
unknown  to  the  Greeks  during  the  period  of  their 
great  dramatists.  The  earliest  and  greatest  dra- 
matic poets,  Thespis,  Melanthius,  Sophocles,  and 
probably  iEsohylus  also,  acted  in  their  own  plays, 
and  in  all  probability  as  protagonistae.  We  also 
know  of  several  instances  in  which  distinguished 
Athenian  citizens  appeared  on  the  stage,  and  iEs- 
chines,  the  orator,  did  not  scruple  to  act  the  part  of 
tritagonistes.3  These  circumstances  show  that  it 
was  by  no  means  thought  degrading  in  Greece  to 
perform  on  the  stage,  and  that  no  stigma  whatever 
was  attached  to  the  name  of  a  man  for  his  appear- 
ing on  the  stage.  Bad  actors,  however,  to  what- 
ever station  in  life  they  belonged,  were  not,  on  that 
account,  spared  ;  and  the  general  mode  of  showing 
displeasure  on  the  part  of  the  spectators  seems  to 
have  been  by  whistling.3  It  appears  that  when  the 
spectators  showed  their  displeasure  in  too-offensive 
or  insulting  a  manner,  the  actors  would  sometimes 
attack  the  most  forward  of  the  audience,  and  quar- 
rels of  this  kind  ended  not  unfrequently  in  blows 
and  wounds.4  At  a  later  period,  however,  persons 
began  to  devote  themselves  exclusively  to  the  pro- 
fession of  actors,  and  distinguished  individuals  re- 
ceived, even  as  early  as  the  time  of  Demosthenes, 
exorbitant  sums  for  their  performances.  Various 
instances  are  mentioned  in  Bockh's  Pull.  Econ.  of 
Athens,  i.,  p.  161,  &c.  At  the  time  when  Greece 
had  lost  her  independence,  we  find  regular  troops 
of  actors,  who  were  either  stationary  in  particular 
towns  of  Greece,  or  wandered  from  place  to  place, 
and  engaged  themselves  wherever  they  found  it 
most  profitable.  They  formed  regular  companies 
or  guilds,  with  their  own  internal  organization,  with 
their  common  officers,  property,  and  sacra.  We 
possess  a  number  of  inscriptions  belonging  to  such 
companies,  with  decrees  to  honour  their  superiors, 
or  to  declare  their  gratitude  to  some  king  to  whom 
they  had  been  engaged.  But  these  actors  are  gen- 
erally spoken  of  in  very  contemptuous  terms  ;  they 
were,  perhaps,  in  some  cases  slaves  or  freedmen, 
and  their  ordinary  pay  seems  to  have  been  seven 
drachmae  for  every  performance.5 

II.  Roman  Actors.  The  word  histriones,  by 
which  the  Roman  actors  were  called,  is  said  to 
have  been  formed  from  the  Etruscan  hister,  which 
signified  a  ludio  or  dancer.6  In  the  year  364  B.C. 
Rome  was  visited  by  a  plague,  and  as  no  human 
means  could  stop  it,  the  Romans  are  said  to  have 
tried  to  avert  the  anger  of  the  gods  by  scenic  plays 
(ludi  scenici),  which  until  then  had  been  unknown 
to  them  ;  and  as  there  were  no  persons  at  Rome 
prepared  for  such  performances,  the  Romans  sent 
to  Etruria  for  them.  The  first  histriones  who  were 
thus  introduced  from  Etruria  were  dancers,  and  per- 
formed their  movements  to  the  accompaniment  of  a 
flute.  That  the  art  of  dancing  to  this  accompani- 
ment should  have  been  altogether  unknown  to  the 
Romans  is  hardly  credible ;  the  real  secret  must 
have  been  in  the  mode  of  dancing,  that  is,  in  the 
mimic  representations  of  the  dancers,  such  as  they 


1.  (Miiller,  Hist,  of  Gr.  Lit.,  i.,  p.  305,  &c. — Compare  Botti- 
gor,  "  De  Actoribus  Primarum,  Secund.  et  Tert.  Partiura.") — 2. 
(Deirmsth.,  1.  c.)— 3.  (Demosth.,  De  Coron.,  p.  315.) — 4.  (De- 
mosth.,  De  Coron.,  p.  314. — Id.,  De  Fals.  Leg.,  p.  449. — Ando- 
cid.,  c.  Alcib.,  p.  121. — Athen.,  ix.,  p.  406.) — 5.  (Lucian,  Icaro- 
men.,  29. — Id.,  De  Merced.  Cond.,  5. — Theophrast.,  Charact.,  6. 
— Compare  Miiller,  Hist,  of  Greek  Lit.,  i.,  p.  304,  &c— Becker, 
Charikles,  ii.,  p.  274. — Bode,  Geschichte  der  dram.  Dichtkunst 
der  Ilellenen,  2  vols.,  1839,  1840.)— 6.  (Liv.,  vii.,  2.— Val.  Max., 
i»  4,  4.— Compare  Plut.,  Quaest.  Rom.,  p.  289,  C.) 
*06 


are  described  by  Dionysius1  and  Appian  2  That  th« 
Etruscans  far  excelled  the  Romans  in  these  mimic 
dances  is  more  than  probable  ;  and  we  find  that  in 
subsequent  times,  also,  a  fresh  supply  of  Etruscan 
dancers  (histriones)  came  to  Rome.4  Roman  youths 
afterward  not  only  imitated  these  dancers,  but  also 
recited  rude  and  jocose  verses  adapted  to  the  move- 
ments of  the  dance  and  the  melody  of  the  flute. 
This  kind  of  amusement,  which  was  the  basis  of 
the  Roman  drama,  remained  unaltered  until  the 
time  of  Livius  Andronicus,  who  introduced  a  slave 
upon  the  stage  for  the  purpose  of  singing  or  reciting 
the  recitative,  while  he  himself  performed  the  ap- 
propriate dance  and  gesticulation.  (Vid.  Canti- 
cum.)  A  farther  step  in  the  development  of  the 
drama,  which  is  likewise  ascribed  to  Livius,  was, 
that  the  dancer  and  reciter  carried  on  a  dialogue, 
and  acted  a  story  with  the  accompaniment  of  the 
flute.*  The  name  histrio,  which  originally  signi- 
fied a  dancer,  was  now  applied  to  the  actors  in  the 
drama.  The  atellanae  were  played  by  freeborn  Ro- 
mans, while  the  regular  drama  was  left  to  the  his- 
triones, who  formed  a  distinct  class  of  persons.  It 
is  clear,  from  the  words  of  Livy,  that  the  histriones 
were  not  citizens  ;  that  they  were  not  contained  in 
the  tribes,  nor  allowed  to  be  enlisted  as  soldiers  in 
the  Roman  legions ;  and  that,  if  any  citizen  entered 
the  profession  of  histrio,  he  on  this  account  was 
excluded  from  his  tribe.  Niebuhr5  thinks  differ- 
ently, but  does  not  assign  any  reason  for  his  opin 
ion.  The  histriones  were  therefore  always  either 
freedmen,  strangers,  or  slaves,  and  many  passages 
of  Roman  writers  show  that  they  were  generally 
held  in  great  contempt.6  Towards  the  close  of  the 
Republic,  it  was  only  such  men  as  Cicero,  who,  by 
their  Greek  education,  raised  themselves  above  the 
prejudices  of  their  countrymen,  and  valued  the  per- 
son  no  less  than  the  talents  of  an  /Esopus  and  Ros- 
cius.7  But,  notwithstanding  this  low  estimation  in 
which  actors  were  generally  held,  distinguished  in- 
dividuals among  them  attracted  immense  crowds  to 
the  theatres,  and  were  exorbitantly  paid.8  Roscius 
alone  received  every  day  that  he  performed  one 
thousand  denarii,  and  ^Esopus  left  his  son  a  fortune 
of  200,000  sesterces,  which  he  had  acquired  solely 
by  his  profession.9  The  position  of  the  histriones 
was  in  some  respects  altered  during  the  Empire. 
By  an  ancient  law  the  Roman  magistrates  were 
empowered  to  coerce  the  histriones  at  any  time 
and  in  any  place,  and  the  praetor  had  the  right  to 
scourge  them  (jus  virgarum  in  histriones).  This 
law  was  partly  abolished  by  Augustus,  in  as  far  as 
he  did  entirely  away  with  the  jus  virgarum,  and 
confined  the  interference  of  the  magistrates  to  the 
time  when,  and  the  place  where  (ludi  et  scena)  the 
actors  performed.10  But  he  nevertheless  inflicted 
very  severe  punishments  upon  those  actors  who, 
either  in  their  private  life  or  in  their  conduct  on  the 
stage,  committed  any  impropriety.11  After  these 
regulations  of  Augustus,  the  only  legal  punishments 
that  could  be  inflicted  upon  actors  for  improper  con- 
duct seem  to  have  been  imprisonment  and  exile.13 
The  jus  virgarum  is  indeed  said  to  have  been  re- 
stored to  the  praetor  by  a  law  of  Augustus  himself," 
not  expressly,  but  by  the  interpretation  put  upon 
this  law  by  the  jurists.  But  this  interpretation  can 
not  have  become  valid  till  after  the  reign  of  Tibe- 
rius, of  whom  it  is  clearly  stated  that  he  refused  to 
restore  the  jus  virgarum,  because  it  had  been  abol- 
ished by  his  predecessor.1*    These  circumstances, 

1.  (Antiq.  Rom.,  vii.,  72.)— 2.  (viii.,  66.)— 3.  (Miiller,  Etrusk., 
iv.,  1,  6.)— 4.  (Vid.  Gronov.  ad  Liv.,  1.  c.) — 5.  (Hist,  of  Rome,  i., 
p.  520,  n.  1150.)— 6.  (Cic,  Pro  Arch.,  5.— Corn.  Nep.,  Pnefsi.,  5. 
— Sueton.,  Tib.,  35.)— 7.  (Macrob.,  Sat.,  ii.,  10.)— 8.  (Cic.  in 
Verr.,  iv.,  16.)— 9.  (Macrob.,  1.  c.)— 10.  (Tacit.,  Ann.,  i.,  77.)— 
11.  (Suet.,  Octav.,  45.)— 12.  (Tacit.,  Ann.,  iv.,  14.— Id.  ib.,  xm., 
28.)— 13.  (Paull.,  Sent.,  v.,  tit.  26.)— 14.  (Tacit.,  Ana.,  ?  .  77^ 


HONORES. 


HvJR.* 


and  the  favour  of  the  emperors,  increased  the  arro- 
gance and  the  loose  conduct  of  the  histriones,  and 
the  theatres  were  not  seldom  the  scenes  of  bloody 
fights.  Hence  Tiberius,  on  ons  occasion,  found  him- 
self obliged  to  expel  all  histriones  from  Italy  ;x  but 
they  were  recalled  and  patronised  by  his  successor.3 
Some  of  the  later  emperors  were  exceedingly  fond 
of  histriones,  and  kept  them  for  their  private  amuse- 
ment (histriones  aulici3).  They  performed  at  the 
repasts  of  the  emperors,*  and  were  occasionally  al- 
lowed, also,  to  play  in  the  theatres  before  the  peo- 
ple (publicabantur).  In  the  Digest6  we  read  that  all 
actors  were  infamous.  From  the  time  of  Tacitus 
the  word  histrio  was  used  as  synonymous  with  pan- 
tomimus.* 

Respecting  the  ordinary  pay  which  common  ac- 
tors received  during  the  time  of  the  Republic,  no- 
thing is  known.  The  pay  itself  was  called  lucar,7 
which  word  was  perhaps  confined  originally  to  the 
payment  made  to  those  who  took  part  in  the  reli- 
gious services  celebrated  in  groves.  In  the  times 
jf  the  Empire  it  seems  that  five  denarii,8  or,  ac- 
cording to  others,9  seven  drachmae,  were  the  com- 
mon pay  for  a  histrio  for  one  performance.  Sever- 
al emperors  found  it  necessary  to  restrict  the  prac- 
tice of  giving  immoderate  sums  to  actors.10  The 
Emperor  M.  Antoninus,  who  was  fond  of  all  histri- 
onic arts,  ordained  that  every  actor  should  receive 
five  aurei,  and  that  no  one  who  gave  or  conducted 
theatrical  representations  should  exceed  the  sum 
of  ten  aurei.11  But  it  is  not  clear  whether  in  this 
regulation  the  payment  for  one  >or  more  performan- 
ces is  to  be  understood.  These  sums  were  either 
paid  by  those  who  engaged  the  actors  to  play  for 
the  amusement  of  the  people,  or  from  the  fiscus.12 
Besides  their  regular  pay,  however,  skilful  histriones 
received  from  the  people  gold  and  siiver  crowns, 
which  were  given  or  thrown  to  them  upon  the 
stage.13 

HOLOSPHY'RATON.     (Vid.  Bronze,  p.  77.) 
HOMOIOI.     (Vid.  Civitas,  Greek,  p.  260.) 
HONORA'RIA  ACTIO.     (Vid.  Actio,  p.  17.) 
HONORA'RIUM.  ( Vid.  Advocatus,  Cincia  Lex.) 
HONORA'RIUM  JUS.     (Vid.  Edictum.) 
HONO'RES.     Cicero1*  speaks  of  the  "  honores 
populi,"  and  Horace15  of  the  populus 

"  qui  stultus  honores 
S<zpc  dat  in-diguis." 
In  both  passages  the  word  "honores"  means  the 
high  offices  of  the  state  to  which  qualified  individ- 
uals were  called  by  the  votes  of  the  Roman  citi- 
zens. Cicero  calls  the  quasstorship  "honor  ;"16  and 
the  words  "  magistratus"  and  "  honores"  are  some- 
times coupled  together.  The  capacity  of  enjoying 
the  honores  was  one  of  the  distinguishing  marks  of 
citizenship.     (Vid.  Civitas.) 

There  appears  to  be  no  exact  definition  of  honor 
earlier  than  in  the  jurists  whose  writings  are  ex- 
cerpted in  the  Digest.  "  Honor  municipalise  is  de- 
fined to  be  "  administrate  reipublicce  cum  dignitatis 
gradu,  sive  cum  sumptu,  she  sine  erogatione  contin- 
gensV  Munus  was  either  publicum  or  privatum. 
A  publicum  munus  was  concerned  about  adminis- 
tration (in  administranda  rcpublica),  and  was  at- 
tended with  cost  (sumptus),  but  not  with  rank  (digni- 
tas).  "  Honor"  was  properly  said  "  deferri,"  "  dari ;" 
munus  was  said  "  imponi."   Cicero17  uses  the  phrase 

1.  (Tacit.,  Ann.,  iv.,  14.— Dion  Cass.,  lviii.,  p.  708.)— 2.  (Dion 
Cass.,  lix.,  p.  738.)— 3.  (Spartian.,  Hadr.,  «s.  19.— Jul.  Capitol., 
Verus,  c.  8.)— 4.  (Sueton.,  Octav.,  74.)— 5.  (3,  tit.  2,  s.  1.)— 6. 
(Botticher,  Lex. Tacit.,  p.  233.)— 7.  (Tacit.,  Ann.,  i.,  77.—  Plut., 
Quaest.  Rom.,  p.  285,  C— Festus,  s.  v.  "  Lucar"  and  "  Pecunia.") 
—8.  (Senec.,Epist.,80.)  — 9.  (Lucian,  Icaromen.,  c.  29.)  — 10. 
(Tacit.,  1.  c— Suet.,  Tib.,  34.)— 11.  (Jul.  Capitol.,  M.  Anton., 
c.  11.  —  Compare  Schol.  ad  Juv.,  vii.,  243.)  — 12.  (Lipsius,  Ex- 
JurB-N.  ad  Tacit.,  Ann.,  i.)— 13.  (Phsdr., Fab.,  v., 7,  36.— Plin., 
H.N.,  xxi.,  3.)— 14.  (Top.,  c.  20.)— 15.  (Serin..  1.,  vi.,  5.V  16. 
(Vid.  also  Liv.,  vi.,  39  )— 17.  (De  Or  ,  i.,  45.) 


"  k.moribus  et  reipublicce  muneribus  perfunctutrC  i« 
signify  one  who  has  attained  all  the  honours  that 
his  state  can  give,  and  discharged  all  the  duties 
which  are  owed  by  a  citizen.  A  person  who  held 
a  magistratus  might  be  said  to  discharge  munera, 
but  only  as  incident  to  the  office  (rnagnificcntissimo 
munere  adilitatis  pcrfunctus),1  for  the  office  itself 
was  the  honor.  Such  munera  as  these  were  public 
games  and  other  things  of  the  kind.2 

HOPLITAI.     (V^d.  Arma,  p.  94  ;  Army,  Greek, 
p.  .99.) 

HOPLOMACHI.  (Vid.  Gladiatores,  p.  476.) 
HORA  (copa),  in  the  signification  of  hour,  that 
is,  the  12th  part  of  the  natural  day,  did  not  come 
into  general  use  among  the  ancients  until  about  the 
middle  of  the  second  century  B.C.  The  equinoc- 
tial hours,  though  known  to  astronomers  and  philos- 
ophers, were  not  used  in  the  affairs  of  common  life 
till  towards  the  end  of  the  fourth  century  A.D. 
As  the  division  of  the  natural  day  into  twelve  equal 
parts,  both  in  summer  and  winter,  rendered  the  du- 
ration of  the  hours  longer  or  shorter  according  to 
the  different  seasons  of  the  year,  it  is  not  easy,  with 
accuracy,  to  compare  or  reduce  the  hours  of  the  an- 
cients to  our  equinoctial  hours.  The  hours  of  an 
ancient  day  would  only  coincide  with  the  hours  of 
our  day  at  the  two  equinoxes.  (Vid.  Dies  and  Ho- 
rologium.)  As  the  duration  of  the  natural  day, 
moreover,  depends  on  the  polar  altitude  of  a  place, 
our  natural  days  would  not  coincide  with  the  natu- 
ral days  in  Italy  or  Greece.  Ideler,  in  his  Hand- 
buch  der  Chronologie,  has  given  the  following  ap- 
proximate duration  of  the  natural  days  at  Rome  in 
the  year  45  B.C.,  which  was  the  first  after  the  new 
regulation  of  the  calendar  by  J.  Caesar ;  the  length 
of  the  days  is  only  marked  at  the  eight  principal 
points  in  the  apparent  course  of  the  sun. 

Days  of  the  year.  Their  duration  in 

45  B.C.  equinoctial  hours. 

Dec.  23 8  hours  54  minute.% 

Feb.  6 9      "     50       " 

March  23 12      "       0       " 

May  9 14     "      10       " 

June  25 15      "        6       " 

August  10 14      "      10       " 

Sept.  25 12      "       0       " 

Nov.  9 9      "     50       " 

The  following  table  contains  a  comparison  of  the 
hours  of  a  Roman  natural  day,  at  the  summer  and 
winter  solstice,  with  the  hours  of  our  day. 
SUMMER  solstice. 

Roman  Hours.  Modern  Hours. 

1st  hour  .  4  o'clock,  27  minutes,  0  seconot,. 

2d      "  .  .  5  ,  "  42  "  30 

3d      "  .  .  6  "  58  "  0       " 

4th     "  .  .  8  13  "  30 

5th     "  .  .  9  29  "  0 

6th     "  .  .  10  "  44  "  30       " 

7th     "  .  .  12  "  0  "  0 

8th     "  .  .  1  "  15  "  30       " 

9th     "  .  .  2  "  31  0       " 

10th     "  .  .  3  "  46  "  30       " 

11th     "  .  .  5  2  "  0       " 

12th     "  .  .  6  "  17  "  30       " 

End  of  the  day  7  "  33  "  0      " 
WINTER  solstice. 


Roman  Houra. 

Modem 

Hours. 

1st  hour 

.     7 

o'clock, 

33  minutes 

,  o 

secondb. 

2d 

(« 

.     8 

« 

17 

<( 

30 

u 

3d 

<< 

.     9 

a 

2 

u 

0 

tt 

4th 

i< 

.     9 

a 

46 

it 

30 

it 

5th 

it 

.  10 

a 

31 

u 

0 

u 

6th 

<( 

.  11 

ti 

15 

<( 

30 

ti 

7th 

(< 

.   12 

t< 

0 

« 

0 

i» 

8th 

<( 

.   12 

tl 

4i 

<( 

30 

tt 

1.  (Cic.  ad  Fam.,  xi  ,  17.)— 2.   (Dig.  50,  tit.  4,  "  De  Muueri- 
bus  et  Honoribus.") 

507 


HOROLOGIUM. 


HOROLOGIUM. 


Reran  Hours. 

9th  hour 
10th  "  . 
11th  "  . 
12th    "  . 


Modem  Hours. 

1  o'clock,  29  minutes,  0  seconds. 

2  "         13       "         30       " 

2  "         58       "  0       " 

3  "         42       "         30       " 


End  of  the  day    4      "        27      "  0      " 

The  custom  of  dividing  the  natural  day  into 
twelve  equal  parts  or  hours  lasted,  as  we  have  ob- 
served,  till  a  very  late  period.  The  first  calenda- 
rium  in  which  wo  find  the  duration  of  day  and 
night  marked  according  to  equinoctial  hours,  is  the 
Calendarium  rusticum  Farnesianum.1 

Another  question  which  has  often  been  discussed 
is  whether,  in  such  expressions  as  prima,  altera, 
tertia  hora,  &c.,  we  have  to  understand  the  hour 
which  is  passing,  or  that  which  has  already  elapsed. 
From  the  construction  of  ancient  sundials,  on  which 
the  hours  are  marked  by  eleven  lines,  so  that  the 
first  hour  had  elapsed  when  the  shadow  of  the 
gnomon  fell  upon  the  first  line,  it  might  seem  as  if 
hora  prima  meant  after  the  lapse  of  the  first  hour. 
But  the  manner  in  which  Martial,3  when  describing 
the  various  purposes  to  which  the  hours  of  the  day 
Aere  devoted  by  the  Romans,  speaks  of  the  hours, 
leaves  no  doubt  that  the  expressions  prima,  altera, 
vertia  hora,  &c,  mean  the  hour  which  is  passing, 
and  not  that  which  has  already  elapsed.3 

HORDE  A'RIUM  JES.     (Vid.  JEs  Horde arium.) 

HOPOI  (bpoi)  were  stone  tablets  or  pillars  put 
•jp  on  mortgaged  houses  and  lands  at  Athens,  upon 
which  the  debt  and  the  creditor's  name  were  in- 
scribed, and  also  the  name  of  the  archon  eponymus 
in  whose  year  the  mortgage  had  been  made.4  The 
following  inscription  upon  an  bpog  found  at  Acharnae 
is  taken  from  Bockh  :5  'Eirl  QeoQpuoTov  dpxovrog, 
'bpog  %G)piov  Tifiyg  kvo(j>Ei?i,o[j.F.VT]g  QavooTpuru  Uatav 
\tst)  xx,  that  is,  dioxMuv  dpaxptiv.  It  appears  that 
he  estate  had  been  bought  of  Phanostratus,  but 
hat  the  purchase-money,  instead  of  being  paid,  was 
allowed  to  remain  on  mortgage. 

When  the  estate  of  an  orphan  was  let  by  the  ar- 
chon and  his  guardian  (vid.  Epitropos),  the  person 
to  whom  it  was  let  was  obliged  to  hypothecate  a 
sufficient  piece  of  ground  or  other  real  property, 
which  was  called  uTtoTLurjp.a  :  and  upon  this  an  bpog 
was  placed,  bearing  an  inscription  to  that  effect, 
as  in  the  following  example,  which  is  taken  from 
an  bpog  found  upon  the  plain  of  Marathon :  "Opog 
Xupiov  Kal  o'cKtag,  aTTorijurjpia  rraidl  bpfyavtb  Aioyetro- 
vog  Upo6a(?iioiov6).  "Opoi  were  also  placed  upon 
houses  and  lands  on  account  of  money  due  to  a 
husband  for  the  dowry  of  his  wife,7  and  also  upon 
the  property  which  a  husband  was  obliged  to  give 
as  a  security  for  the  dowry  which  he  received  with 
his  wife.8     (Vid.  Dos,  Greek,  p.  379.) 

The  practice  of  placing  these  bpot  upon  property 
was  of  great  antiquity  at  Athens  ;  it  existed  before 
the  time  of  Solon,  who  removed  all  stones  standing 
upon  estates  when  he  released  or  relieved  the 
debtors.9 

HOROLO'GIUM  (upoloyiov)  was  the  name  of 
the  various  instruments  by  means  of  which  the  an- 
cients measured  the  time  of  the  day  and  night. 
The  earliest  and  simplest  horologia  of  which  men- 
tion is  made,  were  called  Tc6?„og  and  yvu/iov.  He- 
rodotus10 ascribes  their  invention  to  the  Baby- 
lonians:  Phavorinus11  to  Anaximander ;  and  Pli- 

1.  (Ideler,  Handbuch  der  Chron.,  ii.,  p.  ]39,  &c.  —  Graev., 
Thesaur.  Ant.  Rom.,  yiii.) — 2.  (iv.,  8.)— 3.  (Becker,  Gallus,  i., 
p.  184,  &c.) — 4.  (Harpocrat.,  s.  v.  "Opos and  "AcrrtKTw. — Pollux, 
bnora.,  iii.,  85. — Id.  ib.,  ix.,9.) — 5.  (Corp.  Inscrip.,  i.,  p.  484.) — 
6.  (Bockh,  p.  485. — Compare  Isaeus,  De  Philoct.  hsered.,  p.  141.) 
— 7.  (Demosth.,  c.  Spud.,  1029,  21.) — 8.  (Demosth.,  c.  Onetor;, 
ii.,  p.  877.)— 9.  (Pmt.,  Sol.,  15.— Bockh,  Publ.  Econ.  of  Athens, 
i..  p.  172. — Id.,  Corp.  Inscrip.,  i.,  p.  484. — Museum  Criticum, 
No.  viii.,  p.  622.— Herald.,  Observ.,  ad  J.  A.  et  R.,  p.  216.— Mei- 
er, Att.  Process,  p.  506.)— 10.  (ii.,  109.)— 11.  (ap.  Diog.  Laert., 
ii.,  1,  3. — Compare  Suidas,  s.  v.  ri/w^cJi/  and  'AvaXiixavfipos.) 
508 


nyl  to  his  disciple  Anaximenes.  Herodotus  memunis 
the  TToXog  and  yvcxiuv  as  two  distinct  instruments 
Both,  however,  divided  the  day  into  twelve  equal 
parts,  and  were  a  kind  of  sundial.  The  yvu/iotv^ 
which  was  also  called  aroix^tov,  was  the  more 
simple  of  the  twe,  and  probably  the  more  ancient. 
It  consisted  of  a  staff  or  pillar  standing  perpendic- 
ularly, in  a  place  exposed  to  the  sun  (cKiudrjpov),  so 
that  the  length  of  its  shadow  might  be  easily  ascer- 
tained. The  shadow  of  the  gnomon  was  measured 
by  feet,  which  were  probably  marked  on  the  place 
where  the  shadow  fell.*  The  gnomon  is  almost 
without  exception  mentioned  in  connexion  with 
the  decTvvov  or  the  bath ;  and  the  time  for  the  for- 
mer was  towards  sunset,  or  at  the  time  when  the 
shadow  of  the  gnomon  measured  ten  or  twelve 
feet.3  The  longest  shadow  of  the  gnomon,  at  sun- 
rise and  sunset,  was  generally  12  feet,  but  in  some 
cases  24  feet,  so  that  at  the  time  of  the  delrcvov  it 
was  20  feet.*  The  time  for  bathing  was  when  the 
gnomon  threw  a  shadow  of  six  feet.5  In  later 
times  the  name  gnomon  was  applied  to  any  kind  of 
sundial,  especially  its  finger  which  threw  the  shad- 
ow, and  thus  pointed  to  the  hour.  Even  the  clep- 
sydra is  sometimes  called  gnomon  • 

The  gnomon  was  evidently  a  very  imperfect  in- 
strument, and  it  was  impossible  to  divide  the  day 
into  twelve  equal  spaces  by  it.  This  may  be  the 
reason  that  we  find  it  only  used  for  such  purposes 
as  are  mentioned  above.  The  noXog  or  rfkiOTpoixtov, 
on  the  other  hand,  seems  to  have  been  a  more  per- 
fect kind  of  sundial ;  but  it  appears,  nevertheless, 
not  to  have  been  much  used,  as  it  is  but  seldom 
mentioned.7  It  consisted  of  a  basin  (henavig),  in 
the  middle  of  which  the  perpendicular  staff  or  fin- 
ger (yvufiuv)  was  erected,  and  in  it  the  twelve  parte 
of  the  day  wrere  marked  by  lines.8 

Another  kind  of  horologium  was  the  clepsydra 
(^etyvSpa).  It  derived  its  name  from  kXettteiv  and 
vdop,  as  in  its  original  and  simple  form  it  consisted 
of  a  vessel  with  several  little  openings  (Tpv-irnfiara) 
at  the  bottom,  through  which  the  water  contained 
in  it  escaped,  as  it  were,  by  stealth.  This  instru 
ment  seems  at  first  to  have  been  used  only  for  the 
purpose  of  measuring  the  time  during  which  per- 
sons were  allowed  to  speak  in  the  courts  of  justice 
at  Athens.  The  time  of  its  invention  or  introduction 
is  not  known,  but  at  the  time  of  Aristophanes9  it 
appeals  to  have  been  in  common  use.  Its  form  anc 
construction  may  be  seen  very  clearly  from  a  pas- 
sage of  Aristotle.10  The  clepsydra  was  a  hollovs 
globe,  probably  somewhat  fiat  at  the  top  part,  where 
it  had  a  short  neck  (avlbg),  like  that  of  a  bottle, 
through  which  the  water  was  poured  into  it.  This 
opening  might  be  closed  by  a  lid  or  stopper  (irufiu), 
to  prevent  the  water  running  out  at  the  bottom. 
The  clepsydra  which  Aristotle  had  in  view  was 
probably  not  of  glass  or  of  any  transparent  mate- 
rial, but  of  bronze  or  brass,  so  that  it  could  not  be 
seen  in  the  clepsydra  itself  what  quantity  of  water 
had  escaped.  As  the  time  for  speaking  in  the  Athe- 
nian courts  was  thus  measured  by  water,  the  ora- 
tors frequently  use  the  term  vdup  instead  of  the 
time  allowed  to  them  (hv  tu  kfiCt  vdarL11).  iEschi- 
nes,13  when  describing  the  order  in  which  the  sever- 
al parties  were  allowed  to  speak,  says  that  the  first 
water  was  given  to  the  accuser,  the  second  to  the 
accused,  and  the  third  to  the  judges.     An  especial 

1.  (H.  N.,  ii.,  76.)— 2.  (Hesych.,  b.  v.  'Eirrdrovs  aula  and  <*w- 
8e>cdiTodos.— Pollux,  Onom.,i.,  72.)— 3.  (Aristoph.,  Eccles.,  652, 
with  the  schol.— Pollux,  1.  c. — Menander  ap.  Athen.,  vi.,  p.  243. 
—Hesych.,  s.  v.  Aticd-jovv  oroixaov.)— 4.  (Eubulides  ap.  Ath 
en.,  i.,  p.  8.) — 5.  (Lucian,  Cronos.,  c.  17. — Id.,  Soma.  s.  Gall., 
c.  9.)— 6.  (Athen.,  ii.,  42.)— 7.  (Aristoph.,  ap.  Poll.,  ix.,  5.)— 
8.  (Alciphron,  Epist.,  iii.,  4.— Lucian,  Lexiph.,  c.  4.)— 9.  (Yid, 
Acharn.,  653.— Vesp.,  93  and  827.)— 10;  (Problem.,  ivi.,  (J.)— 
11.  ^Demosth.,  De  Coron.,  p.  274. — rav  lyx^pfl  T<*  ^^  3« — W-  • 
Leoch.,  p.  1094.)— 12.  (c.  Ctes.,  p.  587.) 


nOROLOGITJM. 


nOROLOGrTTM. 


orticer  (6  kf  vSup)  was  appointed  in  the  courts  for 
*»»e  purpose  of  watching  the  clepsydra,  and  stopping 
u  when  any  documents  were  read,  whereby  the 
speaker  was  interrupted  ;  and  it  is  to  this  officer 
that  Demosthenes1  calls  out,  ov  6e  k^iXatz  to  vdup. 
The  time,  and,  consequently,  the  quantity  of  water 
allowed  to  a  speaker,  depended  upon  the  impor- 
tance of  the  case ;  and  we  are  informed  that  in  a 
ypa^rj  Trapa.77pEc6eia£  the  water  allowed  to  each  par- 
ty amounted  to  eleven  amphorae,2  whereas  in  trials 
concerning  the  right  of  inheritance  only  one  am- 
phora was  allowed.3  Those  actions  in  which  the 
time  was  thus  measured  to  the  speakers  are  called 
by  Pollux*  dincu  npog  vdup :  others  are  termed  61- 
km.  uvev  vdaroi;,  and  in  these  the  speakers  were  not 
tied  down  to  a  certain  space  of  time.  The  only  in- 
stance of  this  kind  of  actions  of  which  we  know  is 
the  ypa^rj  KaKcoaeug.* 

The  clepsydra  used  in  the  courts  of  justice  was, 
properly  speaking,  no  horologium  ;  but  smaller  ones, 
made  of  glass,  and  of  the  same  simple  structure, 
were  undoubtedly  used  very  early  in  families  for  the 
purposes  of  ordinary  life,  and  for  dividing  the  day 
into  twelve  equal  parts.  In  these  glass  clepsydrae 
the  division  into  twelve  equal  parts  must  have  been 
visibie,  either  on  the  glass  globe  itself,  or  in  the 
basin  into  which  the  water  flowed.  These  instru- 
ments, however,  did  not  show  the  time  quite  cor- 
rectly all  the  year  round ;  first,  because  the  water 
ran  out  of  the  clepsydra  sometimes  quicker  and 
sometimes  slower,  according  to  the  different  tem- 
perature of  the  water  ;6  and,  secondly,  because  the 
length  of  the  hours  varied  in  the  different  seasons 
of  the  year.  To  remove  the  second  of  these  defects, 
the  inside  of  the  clepsydra  was  covered  with  a  coat 
of  wax  during  the  shorter  days,  and  when  they  be- 
came longer  the  wax  was  gradually  taken  away 
again.7  Plato  is  said  to  have  used  a  vvKreptvov 
upoXoytov  in  the  shape  of  a  large  clepsydra,  which 
indicated  the  hours  of  the  night,  and  seems  to  have 
been  of  a  complicated  structure.8  This  instance 
shows  that  at  an  early  period  improvements  were 
made  on  the  old  and  simple  clepsydra.  But  all 
these  improvements  were  excelled  by  the  ingenious 
invention  of  Ctesibius,  a  celebrated  mathematician 
of  Alexandrea  (about  135  B.C.).  It  is  called  upo- 
?.6ytov  vdpavTitKov,  and  is  described  by  Vitruvius.9 
"Water  was  made  to  drop  upon  wheels,  which  were 
thereby  turned.  The  regular  movement  of  these 
wheels  was  communicated  to  a  small  statue,  which, 
gradually  rising,  pointed  with  a  little  stick  to  the 
hours  marked  on  a  pillar  which  was  attached  to 
the  mechanism.  It  indicated  the  hours  regularly 
throughout  the  year,  but  still  required  to  be  often 
attended  to  and  regulated.  This  complicated  clep- 
sydra seems  never  to  have  come  into  general  use, 
and  was  probably  only  found  in  the  houses  of  very 
wealthy  persons.  The  sundial  or  gnomon,  and  a 
simpler  kind  of  clepsydra,  on  the  other  hand,  were 
much  used  down  to  a  very  late  period.  The  twelve 
parts  of  the  day  were  not  designated  by  the  name 
&f,2  until  the  time  of  the  Alexandrean  astronomers, 
and  even  then  the  old  and  vague  divisions,  described 
in  the  article  Dies,  were  preferred  in  the  affairs  of 
common  life.  At  the  time  of  the  geographer  Hip- 
parchus,  however  (about  150  B.C.),  it  seems  to  have 
been  very  common  to  reckon  by  hours.10 

The  first  horologium  with  which  the  Romans  be- 
came acquainted  was  a  sundial  (solarium,  or  horolo- 
gium sciothcricum,  and  was,  according  to  some  wri- 
ters, brought  to  Rome  by  Papirius  Cursor  twelve 

1.  (c.  Steph.,  1,  p.  1103.)— 2.  (JSschin.,  De  Fals.  Leg.,  t)  126.) 
—3.  (Demosth.,  c.  Macart.,  p.  1052.)— 4.  (viii.,  113.)— 5.  (Har- 
pocrat.,  s.  v.  KaVwaj?.)— 6.  (Athen.,  ii.,  p.  42.— Plut.,  Qusnst. 
Nat.,  c.  7.)— 7.  (.En.  Tact.,  c.  22.)— 8.  (Athen.,  iv.,  p.  174.)— 9. 
(ix.,  9. — Compare  Athsn.,  1.  c.)  —  10.  (Compare  Becker,  Chari- 
klc«,  ii.,  p.  490,  <tc  ) 


years  before  the  war  with  Pyrrhus,  and  placed  be- 
fore the  temple  of  Quirinus  ;  others  stated  that  it 
was  brought  to  Rome  at  the  time  of  the  first  Punn; 
war,  by  the  consul  M.  Valerius  Messala,  and  erecteu 
on  a  column  behind  the  Rostra.  But  this  solarium, 
being  made  for  a  different  meridian,  did  not  show 
the  time  at  Rome  correctly.  Ninety-nine  years  af 
terward,  the  censor  Q.  Marcius  Philippus  erected 
by  the  side  of  the  old  solarium  a  new  one,  which 
was  more  carefully  regulated  according  to  the  me 
ridian  of  Rome.  But  as  sundials,  however  perfect 
they  might  be,  were  useless  when  the  sky  was 
cloudy,  P.  Scipio  Nasica,  in  his  censorship,  159 
B.C.,  established  a  public  clepsydra,  which  indicated 
the  hours  both  of  day  and  night.  This  clepsydra 
was  in  after  times  generally  called  solarium.1  The 
word  hora  for  hour  was  introduced  at  Rome  at  the 
time  when  the  Romans  became  acquainted  with  the 
Greek  horologia,  and  was,  in  this  signification,  well 
known  at  the  time  of  Plautus.2  After  the  time  of 
Scipio  Nasica,  several  horologia,  chiefly  solaria,  seem 
to  have  been  erected  in  various  public  places  at 
Rome.  A  magnificent  horologium  was  erected  by 
Augustus  in  the  Campus  Martius.  It  was  a  gnomon 
in  the  shape  of  an  obelisk ;  but  Pliny3  complains 
that  in  the  course  of  time  it  had  become  incorrect. 
Another  horologium  stood  in  the  Circus  Flaminius.4 
Sometimes  solaria  were  attached  to  the  front  side 
of  temples  and  basilicse.5  The  old  solarium  which 
had  been  erected  behind  the  Rostra  seems  to  have 
existed  on  that  spot  till  a  very  late  period,  and  it 
would  seem  that  the  place  was  called  ad  Solarium, 
so  that  Cicero  uses  this  expression  as  synonymous 
with  Rostra  or  Forum.6  Horologia  of  various  de- 
scriptions seem  also  to  have  been  commonly  kept 
by  private  individuals  ;7  and  at  the  time  of  the  em- 
perors, the  wealthy  Romans  used  to  keep  slaves 
whose  special  duty  was  to  announce  the  hours  of 
the  day  to  their  masters.8 

From  the  number  of  solaria  which  have  been  dis- 
covered in  modern  times  in  Italy,  we  must  infer  that 
they  were  very  generally  used  among  the  ancients. 
The  following  woodcut  represents  one  of  the  sim- 
plest horologia  which  have  been  discovered ;  it 
seems  to  bear  great  similarity  to  that,  the  invention 
of  which  Vitruvius  ascribes  to  Berosus.  It  was 
discovered  in  1741,  on  the  hill  of  Tusculum,  among 
the  ruins  of  an  ancient  villa,  and  is  described  by 
Gio.  Luca  Zuzzeri,  in  a  work  entitled  D"una  antica 
villa  scoperta  sul  dosso  del  Tusculo,  e  d'un  antico  orO' 
logio  a  sole,  Venezia,  1746 ;  and  by  G.  H.  Martini, 
in  his  Abhandlung  von  den  Sonnenuhren  der  Alien 
Leipzig,  1777,  p.  49,  &c. 


The  following  woodcut  shows  the  same  solarium 
as  restored  by  Zuzzeri. 

1.  (Plin.,  H.  N.,  vii.,  60.— Censorin.,  De  Die  Nat.,  o.  23.)— S 
(Pseudol.,  V.,ii.,  10.)— 3.  (H.  N..  xxxvi..  10.)— 4.  (Vitruv.,  ix., 
9,  1.)— 5.  (Varro,  De  Ling-.  Lat.,  v.,  2.  —  Gruter,  Inscr.,  vi.,  (J.) 
—6.  (Pro  Quint.,  18.— ad  Herenn.,  iv.,  10.)— 7.  (Cic.  ad  Fara., 
xvi.,  18.)— 8.  (Juv.,  x.,  215.— Mart    wo    ,  67.— Petron.,  26  » 

509 


H0R0L0G1UM. 


HORTUS. 


The  breadth  as  well  as  the  height  (A  0  and  P  A) 
are  somewhat  more  than  eight  inches,  and  the 
length  (A  B)  a  little  more  than  sixteen  inches.  The 
surface  (A  0  R  B)  is  horizontal.  S  P  Q  T  is  the 
basis  of  the  solarium,  which  originally  was  proba- 
bly erected  upon  a  pillar.  Its  side,  A  S  T  B,  in- 
clines somewhat  towards  the  basis.  This  inclina- 
tion was  called  eynlijia,  or  inclinatio  solarii  and  en- 
clima  succisum,1  and  shows  the  latitude  or  polar  al- 
titude of  the  place  for  which  the  solarium  was  made. 
The  angle  of  the  enclima  is  about  40°  43',  which 
coincides  with  the  latitude  of  Tusculum.  In  the 
body  of  the  solarium  is  the  almost  spherical  excava- 
tion H  K  D  M  I  F  N,  which  forms  a  double  hemicyc- 
lium  {kemicyclium  excavatum  ex  quadrate?).  With- 
in this  excavation  the  eleven  hour-lines  are  marked, 
which  pass  through  three  semicircles,  H  L  N,  K  E 
F,  and  D  M  I.  The  middle  one,  KEF,  represents 
the  equator,  the  two  others  the  tropic  lines  of  win- 
ter and  summer.  The  curve  representing  the  sum- 
mer tropic  is  somewhat  more  than  a  semicircle,  the 
two  other  curves  somewhat  smaller.  The  ten  mid- 
dle parts,  or  hours  in  each  of  the  three  curves,  are 
all  equal  to  one  another ;  but  the  two  extreme  ones, 
though  equal  to  each  other,  are  by  one  fourth  small- 
er than  the  rest.  In  the  middle,  G,  of  the  curve  D 
K  H  N  I  J,  there  is  a  little  square  hole,  in  which 
the  gnomon  or  pointer  must  have  been  fixed,  and  a 
trace  of  it  is  still  visible  in  the  lead  by  means  of 
which  it  was  fixed.  It  must  have  stood  in  a  per- 
pendicular position  upon  the  surface  A  B  R  0,  and 
at  a  certain  distance  from  the  surface  it  must  have 
turned  in  a  right  angle  above  the  spheric  excava- 
tion, so  that  its  end  (C)  extended  as  far  as  the  mid- 
dle of  the  equator,  as  it  is  restored  in  the  above 
woodcut.  Vid.  the  description  of  another  solarium 
in  G.  H.  Martini's  Antiquorum  Monirncntorum  Syl- 
loge,  p.  95,  &c. 

Clepsydras  were  used  by  the  Romans  in  their 
camps,  chiefly  for  the  purpose  of  measuring  accu- 
rately the  four  vigiliae  into  which  the  night  was  di- 
vided.3 

The  custom  of  using  clepsydra?  as  a  check  upon 
the  speakers  in  the  courts  of  justice  at  Rome,  was 
introduced  by  a  law  of  Cn.  Pompeius,  in  his  third 
consulship.4  Before  that  time  the  speakers  had 
been  under  no  restrictions,  but  spoke  as  long  as  they 
deemed  proper.  At  Rome,  as  at  Athens,  the  time 
allowed  to  the  speakers  depended  upon  the  impor- 
tance of  the  case.  Pliny5  states  that  on  one  impor- 
tant occasion  he  spoke  for  nearly  five  hours  ;  ten 
large  clepsydrae  had  been  granted  to  him  by  the  ju- 
dices,  but  the  case  was  so  important  that  four  oth- 
ers were  added.6  Pompeius,  in  his  law,  is  said  to 
have  limited  the  time  during  which  the  accuser  was 
allowed  to  speak  to  two  hours,  while  the  accused 
was  allowed  three  hours.7     This,  however,  as  is 

!.  (Vitruv.,  1.  e.)— 2.  (Vitruv.)— 3.  (Caes.,  De  Bell.  Gall.,  v., 

IS.— Veget.,  De  Re  Mil.,  iii.,  8.  —  J£n.  Tact.,  c.  22.)  —  4.  (Ta- 

'.it.,  De  Clar    Orat.,  38.)  — 5.  (Epist.,  ii.,  11.)— 6.  (Compare 

t*lin.,  Epist.,  vi.,  2.— Martial,  vi.,  35.— Id.,  viii.,  7.)— 7.  (Ascon. 

•i  M  Jon.,  p.  37,  c  1.  Orelli.) 

513 


clear  from  the  case  of  Pliny  and  others,  was  not 
observed  on  all  occasions,  and  we  must  suppose 
that  it  was  merely  the  intention  of  Pompeius  to  fix 
the  proportions  of  the  time  to  be  allowed  to  each 
party,  that  is,  that  in  all  cases  the  accuser  shoulJ 
only  have  two  thirds  of  the  time  allowed  to  the  ac- 
cused. This  supposition  is  supported  by  a  case  men- 
tioned by  Pliny,1  where,  according  to  law  (e  lege), 
the  accuser  had  six  hours,  while  the  accused  had 
nine.  An  especial  officer  was  at  Rome,  as  well  as 
at  Athens,  appointed  to  stop  the  clepsydra  during  the 
time  when  documents  were  read.2 

HORREA'RII.     (Vid.  Horreum.) 

HORREUM  (upslov,  cirotyvlaiceiov,  u-Kodr/Kri)  was, 
according  to  its  etymological  signification,  a  place 
in  which  ripe  fruits,  and  especially  corn,  were  kept, 
and  thus  answered  to  our  granary.3  During  the 
Empire,  the  name  horreum  wras  given  to  any  place 
destined  for  the  safe  preservation  of  things  of  any 
kind.  Thus  we  find  it  applied  to  a  place  in  which 
beautiful  works  of  art  were  kept  ;*  to  cellars  (horrea 
subterranea,  horrea  vinaria6) ;  to  depots  for  merchan- 
dise, and  all  sorts  of  provisions  (horreum  penari- 
um6).  Seneca7  even  calls  his  library  a  horreum. 
But  the  more  general  application  of  the  word  hor- 
reum was  to  places  for  keeping  fruit  and  corn  ;  and, 
as  some  kinds  of  fruit  required  to  be  kept  more  dry 
than  others,  the  ancients  had,  besides  the  horrea 
subterranea,  or  cellars,  two  other  kinds,  one  of 
which  was  built,  like  every  other  house,  upon  the 
ground;  but  others  (horrea  pensilia  or  sublimia) 
were  erected  above  the  ground,  and  rested  upon 
posts  or  stone  pillars,  that  the  fruits  kept  in  them 
might  remain  dry.8 

From  about  the  year  140  A.D.,  Rome  possessed 
two  kinds  of  public  horrea.  The  one  class  consist- 
ed of  buildings  in  which  the  Romans  might  depos- 
ite  their  goods,  and  even  their  money,  securities, 
and  other  valuables,9  for  which  they  had  no  safe 
place  in  their  own  houses.  This  kind  of  public 
horrea  is  mentioned  as  early  as  the  time  of  Antoni- 
nus Pius,10  though  Lampridius11  assigns  their  insti- 
tution to  Alexander  Severus.12  The  officers  who 
had  the  superintendence  of  these  establishments 
were  called  horrearii.  The  second  and  more  im- 
portant class  of  horrea,  which  may  be  termed  pub- 
lic granaries,  were  buildings  in  which  a  plentiful 
supply  of  corn  was  constantly  kept  at  the  expense 
of  the  state,  and  from  which,  in  seasons  of  scarcity, 
the  corn  was  distributed  among  the  poor,  or  sold  at 
a  moderate  price.  The  first  idea  of  building  such  a 
public  granary  arose  with  C.  Sempronius  Gracchus 
(lex  Sempronia  frumentaria) ;  and  the  ruins  of  the 
great  granary  (horrea  populi  Romani)  which  he  built 
were  seen  down  to  the  sixteenth  century  I  etween 
the  Aventine  and  the  Monte  Testaceo.13 

The  plan  of  C.  Gracchus  was  followed  out  and 
carried  farther  by  Clodius,  Pompey,  and  several  of 
the  emperors  ;  and  during  the  Empire  we  thus  find 
a  great  number  of  public  horrea  which  wrere  called 
after  the  names  of  their  founders,  e.  g.,  horrea  Ani- 
ceti,  Vargunteii,  Seiani,  Augusti,  Domitiani,  &c. 
The  manner  in  which  corn  from  these  granaries 
was  given  to  the  people  differed  at  different  times.14 

HORTE'NSIA  LEX.     (Vid.  Plebiscite.) 

HORTUS  (kt/ttoc),  Garden. 

I.  Greek  Gardens. — Our  knowledge  of  the  hor- 


1.  (Epist.,  iv.,  9.)  —  2.  (Apul.,  Apolog.,  i.  and  ii.  —  Compare 
Ernesti,  "  De  Solariis,"  in  his  Opuscul.  Philolog.  et  Ciit.,  p.  21- 
31.  — Becker,  Gallus,  i.,  p.  186,  &c.)  — 3.  (Virg.,  Georg.,  i.,  49. 
— Tibull.,  II.,  v.,  84.  —  Horat.,  Carra.,  I.,  i.,  7.  —  Cic,  De  Leg. 
Agr.,  ii.,  33.)~4.  (Plin-,  Epist..  viii.,  18.)— 5.  (Dig.  18,  tit.  1,  s. 
76.)— 6.  (Dig.  30,  tit.  9.  s.  3.)— 7.  (Epist.,  45.)— 8.  (Colum.,  xii., 
50.— Id.,  i.,  6.— Vitruv.,  vi.,  6,  4.)  —  9.  (Cod.  4,  tit.  24,  s.  9.)— 
10.  (Dig.  1,  tit.  15,  s.  3.)— 11.  (Alex.  Sev.,  c.39.)— 12.  (Compare 
Dig.  10,  tit.  4,  s.  5.)— 13.  (Appian,  De  Bell.  Civ.,  i.,  21.— Plut.. 
C.  Gracch.,  5.-Liv..  Epit.,  60.— Veil.  Paterc,  ii.,  6.— Cic.,  Pr 
Sext.,  24.)— 14.  (Walter,  Gesch.  des  Rom.  Rechts.  p.  247.) 


HORTTTS. 


HOSPITIUM. 


ticulture  of  the  Greeks  is  very  limited.  We  must 
uot  look  for  information  respecting  their  gardens  to 
the  accounts  which  we  find  in  Greek  writers  of  the 
gardens  of  Alcinoiis,  rilled  with  all  manner  of  trees, 
and  fruit,  and  flowers,  and  adorned  with  fountains,1 
or  of  those  of  the  Hesperides,2  or  of  the  paradises 
of  the  Persian  satraps,  which  resembled  our  parks  ;3 
for  the  former  gardens  are  only  imaginary,  and  the 
manner  in  which  the  paradises  are  spoken  of  by 
Greek  writers  shows  that  they  were  not  familiar 
with  anything  of  the  kind  in  their  own  country.  In 
fact,  the  Greeks  seem  to  have  had  no  great  taste 
for  landscape  beauties,  and  the  small  number  of 
flowers  with  which  they  were  acquainted  atforded 
*  but  little  inducement  to  ornamental  horticulture. 

The  sacred  groves  were  cultivated  with  special 
care.  They  contained  ornamental  and  odoriferous 
plants  and  fruit-trees,  particularly  olives  and  vines.* 
Sometimes  they  were  without  fruit-trees.5 

The  only  passage  in  the  earlier  Greek  writers,  in 
which  flower-gardens  appear  to  be  mentioned,  is  one 
n  Aristophanes,  who  speaks  of  ktjitovc  evudetc.6  At 
Athens  the  flowers  most  cultivated  were  probably 
those  used  for  making  garlands,  such  as  violets  and 
roses.  In  the  time  of  the  Ptolemies  the  art  of  gar- 
dening seems  to  have  advanced  in  the  favourable 
climate  of  Egypt,  so  far  that  a  succession  of  flowers 
was  obtained  all  the  year  round.7  Longus8  de- 
scribes a  garden  containing  every  production  of 
each  season ;  "  in  spring,  roses,  lilies,  hyacinths, 
and  violets  ;  in  summer,  poppies,  wild  pears  (u^p«- 
fof),  and  all  fruit ;  in  autumn,  vines  and  figs,  and 
pomegranates  and  myrtles."  That  the  Greek  idea 
of  horticultural  beauty  was  not  quite  the  same  as 
ours,  may  be  inferred  from  a  passage  in  Plutarch, 
where  he  speaks  of  the  practice  of  setting  off  the 
beauties  of  roses  and  violets  by  planting  them  side 
by  side  with  leeks  and  onions.9  Becker  considers 
this  passage  a  proof  that  flowers  were  cultivated 
more  to  be  used  for  garlands  than  to  beautify  the 
garden.10 

II.  Roman  Gardens. — The  Romans,  like  the 
Greeks,  laboured  under  the  disadvantage  of  a  very 
limited  flora.  This  disadvantage  they  endeavoured 
to  overcome,  by  arranging  the  materials  they  did 
possess  in  such  a  way  as  to  produce  a  striking  ef- 
fect. We  have  a  very  full  description  of  a  Roman 
garden  in  a  letter  of  the  younger  Pliny,  in  which  he 
describes  his  Tuscan  villa.11  In  front  of  the  porti- 
cus  there  was  generally  a  xystus,  or  flat  piece  of 
ground,  divided  into  flower-beds  of  different  shapes 
by  borders  of  box.  There  were  also  such  flower- 
beds in  other  parts  of  the  garden.  Sometimes  they 
were  raised  so  as  to  form  terraces,  and  their  slo- 
ping sides  planted  with  evergreens  or  creepers. 
The  most  striking  features  of  a  Roman  garden 
■were  lines  of  large  trees,  among  which  the  plane 
appears  to  have  been  a  great  favourite,  planted  in 
regular  order  ;  alleys  or  walks  (ambulationes)  form- 
ed by  closely-clipped  hedges  of  box,  yew,  cypress, 
and  other  evergreens  ;  beds  of  acanthus,  rows  of 
fruit-trees,  especially  of  vines,  with  statues,  pyra- 
mids, fountains,  and  summer-houses  (diata).  The 
trunks  of  the  trees  and  the  parts  of  the  house,  or 
any  other  buildings  which  were  visible  from  the 
garden,  were  often  covered  with  ivy.12  In  one  re- 
spect the  Roman  taste  differed  most  materially 
from  that  of  the  present  day,  namely,  in  their  fond- 
ness for  the  ars  topiaria,  which  consisted  in  tying, 


I.  (Od.,  vii.,  112-130.)— 2.  (Hesiod,  Theog.,  25.)— 3.  (Xen., 
Anab.,  i.,  2,  t>  7.— Id.,  GEcon.,  iv.,  26,  27.— Plut.,  Alcib.,  24.)— 
4.  (Soph.,  (Ed.  Col.,  10.— Xen.,  Anab.,  v.,  3,  $  12.)— 5.  (Paus., 
i.,  21,  $9.)— 6.  (Aves,  1066.)— 7.  (Callixenus  ap.  Atben,  v.,  p. 
Jt«.)— 8.  (Past.,  ii.,  p.  36.)— 9.  (Plutarch,  "  De  capienda  ex  in- 
u  ucis  militate,"  c.  10.)— 10.  (Becker,  Charikles,  ii.,  n  403^05.) 
~  11-  (Plm.,  Epist  ,  v.,  6.)— 12.  'Plisu  I  z  —  Cic  ad  Quint  Fr., 

,  J,  2. l 


twisting,  or  cutting  trees  and  shrubs  (especially  trie 
box)  into  the  figures  of  animals,  ships,  letteis,  &c. 
The  importance  attached  to  this  part  of  horticulture 
is  proved,  not  only  by  the  description  of  Pliny,  and 
the  notices  of  other  writers,1  but  also  by  the  fact 
that  topiarius  is  the  only  name  used  in  good  Latin 
writers  for  the  ornamental  gardener.  Cicero2  men- 
tions the  topiarius  among  the  higher  class  of  slaves. 

Attached  to  the  garden  were  places  for  exercise, 
the  gestatio  and  hippodromus.  The  gestatio  was  a 
sort  of  avenue,  shaded  by  trees,  for  the  purpose  of 
taking  gentle  exercise,  such  as  riding  in  a  litter.' 
The  hippodromus  (not,  as  one  reading  gives  the  word 
in  Pliny,  hypodromus)  was  a  place  for  running  or 
horse  exercise,  in  the  form  of  a  circus,  consisting 
of  several  paths  divided  by  hedges  of  box,  orna- 
mented with  topiarian  work,  and  surrounded  by 
large  trees.* 

The  flowers  which  the  Romans  possessed,  though 
few  in  comparison  with  the  species  known  to  us, 
were  more  numerous  than  some  writers  have  rep- 
resented ;  but  the  subject  still  requires  investiga- 
tion. Their  principal  garden-flowers  seem  to  have 
been  violets  and  roses,  and  they  also  had  the  cro- 
cus, narcissus,  lily,  gladiolus,  iris,  poppy,  amaranth, 
and  others. 

Conservatories  and  hot-houses  are  not  mentioned 
by  any  writer  earlier  than  the  first  century  of  our 
aera.  They  are  frequently  referred  to  by  Martial.4 
They  were  used  both  to  preserve  foreign  plants,  and 
to  produce  flowers  and  fruit  out  of  season.  Colu- 
mella6 and  Pliny7  speak  of  forcing-houses  for  grapes, 
melons,  &c.  In  every  garden  there  was  a  space 
set  apart  for  vegetables  (olera). 

Flowers  and  plants  were  also  kept  in  the  central 
space  of  the  peristyle  (vid.  House),  on  the  roofs, 
and  in  the  windows  of  the  houses.  Sometimes,  in 
a  town,  where  the  garden  was  very  small,  its  walls 
were  painted  in  imitation  of  a  real  garden,  with 
trees,  fountains,  birds,  &c,  and  the  small  area  was 
ornamented  with  flowers  in  vases.  A  beautiful  ex- 
ample of  such  a  garden  was:  found  at  Pompeii.8 

An  ornamental  garden  was  also  called  viridari- 
urn,9  and  the  gardener  topiarius  or  viridarius.  The 
common  name  for  a  gardener  is  villicus  or  cultoi 
hortorum.  We  find,  also,  the  special  names  vinitor., 
olitor.  The  word  hortulanus  is  only  of  late  forma- 
tion. The  aquarius  had  charge  of  the  fountains 
both  in  the  garden  and  in  the  house.10 

HOSPES.     ( Vid.  Hospitium.) 

HOSPITIUM  (£«/«*,  npoSevia).  Hospitality  is 
one  of  the  characteristic  features  cf  almost  all  na- 
tions previous  to  their  attaining  a  certain  degree  of 
civilization.  In  civilized  countries  the  necessity  of 
general  hospitality  is  not  so  much  felt ;  but  at  a 
time  when  the  state  or  the  laws  of  nations  afforded 
scarcely  any  security,  and  when  the  traveller  on  his 
journey  did  not  meet  with  any  places  destined  for 
his  reception  and  accommodation,  the  exercise  of 
hospitality  was  absolutely  necessary.  Among  the 
nations  of  antiquity,  with  whom  the  right  of  hospi- 
tality was  hallowed  by  religion,  it  was,  to  some  de- 
gree, observed  to  the  latest  period  of  their  exist- 
ence, and  acquired  a  political  importance  which  it 
has  never  had  in  any  other  state.  It  was  in  Greece, 
as  well  as  at  Rome,  of  a  twofold  nature,  either  pri- 
vate or  public,  in  as  far  as  it  was  either  established 
between  individuals  or  between  two  states  (Hos- 
pitium privatum  and  hospitium  publicum,  Zevia  aaJ 
rrpo^evia). 


1.  (Plin.,  H.  N.,  xvi.,  33,  60.— Id.  ib.,  xri.,  11,  39.— Id.  ih. 
xxii.,  22,  34.— Martial,  iii.,  19.)— 2.  (Paradox.,  v.,  2.)— 3.  (riin., 
Epist.,  v.,  6.— Id.  ib.,  ii.,  17.)— 4.  (Plin.,  1.  c— Martial,  xii  ,  50. 
—Id.,  lvii.,  23.)— 5.  (viii.,  14,  68.— Id.,  iv.,  2r\  5.— Id.,  xiii  ,  127.) 
—6.  (xi.,  3,  52.)— 7.  (H.  N.,  xix.,  5,  23.)— 8.  (Gell's  Porv;*iana, 
ii.,  4.)— 9.  (Dig.  33,  tit.  7,  s.  8.)— 10.  (.Becker,  Gallus,  i„  p.  28a 
Ac. — Bdttiger,  Racemationen  zur  Garten-kunst  der  Alten.) 

5'  ! 


ROSFiliUM. 


HOSPITIUM 


fn  ancient  Greece,  the  stranger,  as  such  (£evof 
and  hostis),  was  looked  upon  as  an  enemy  ;l  but 
whenever  he  appeared  among  another  tribe  or  na- 
tion without  any  sign  of  hostile  intentions,  he  was 
considered  not  only  as  one  who  required  aid,  but 
as  a  suppliant,  and  Zeus  was  the  protecting  deity 
&f  strangers  and  suppliants  (Zsvg  l-eiviog  and  ikst^- 
otog*).  This  religious  feeling  was  strengthened  by 
the  belief  that  the  stranger  might  possibly  be  a  god 
tn  disguise.3  On  his  arrival,  therefore,  the  stran- 
ger, of  whatever  station  in  life  he  might  be,  was 
kindly  received,  and  provided  with  everything  ne- 
cessary to  make  him  comfortable,  and  to  satisfy  his 
immediate  wants.  The  host  did  not  inquire  who 
the  stranger  was,  or  what  had  led  him  to  his  house, 
until  the  duties  of  hospitality  were  fulfilled.  During 
his  stay,  it  was  a  sacred  duty  of  his  host  to  protect 
him  against  any  persecution,  even  if  he  belonged  to 
a  politically  hostile  race,  so  that  the  host's  house 
was  a  perfect  asylum  to  him.  On  his  departure  he 
was  dismissed  with  presents  and  good  wishes.*  It 
seems  to  have  been  customary  for  the  host,  on  the 
departure  of  the  stranger,  to  break  a  die  (uarpuya- 
2,og)  in  two,  one  half  of  which  he  himself  retained, 
while  the  other  half  was  given  to  the  stranger ;  and 
when  at  any  future  time  they  or  their  descendants 
met,  they  had  a  means  of  recognising  each  other, 
and  the  hospitable  connexion  was  renewed.5  Hos- 
pitality thus  not  only  existed  between  the  persons 
who  had  originally  formed  it,  but  was  transferred 
as  an  inheritance  from  father  to  son.  To  violate 
the  laws  of  hospitality  was  a  great  crime  and  an 
impiety,  and  was  punished  by  men  as  well  as  gods 
(dtKai  KaKo^evlag6).  Instances  of  such  hereditary 
connexions  of  hospitality  are  mentioned  down  to  a 
very  late  period  of  Greek  history ;  and  many  towns, 
such  as  Athens,  Corinth,  Byzantium,  Phasis,  and 
others,  were  celebrated  for  the  hospitable  character 
of  their  citizens.7  But,  when  a  more  regular  and 
frequent  intercourse  among  the  Greeks  began  to  be 
established,  it  was  impossible  to  receive  all  these 
strangers  in  private  houses.  This  naturally  led  to 
the  establishment  of  inns  (TravdoneZov,  Karayuytov, 
KaraXvaig),  in  which  such  strangers  as  had  no  hos- 
pitable connexions  found  accommodation.  For  those 
occasions,  on  which  numerous  visiters  flocked  to  a 
particular  place  for  the  purpose  of  celebrating  one 
of  the  great  or  national  festivals,  the  state  or  the 
temple  provided  for  the  accommodation  of  the  visit- 
ers, either  in  tents  or  temporary  inns  erected  about 
the  temple.8  The  kind  of  hospitality  which  was 
exercised  by  private  individuals  on  such  festive  oc- 
casions probably  differed  very  little  from  that  which 
is  customary  among  ourselves,  and  was  chiefly 
shown  towards  friends  or  persons  of  distinction  and 
merit,  whose  presence  was  an  honour  to  the  house 
wherein  they  stayed.9  In  the  houses  of  the  wealth- 
ier Greeks  a  separate  part  (hospitium  or  hospitalia, 
and  tjevuveg ),  with  a  separate  entrance,  was  destined 
for  the  reception  and  habitation  of  strangers,  and 
was  provided  with  all  the  necessary  comforts  for 
the  temporary  occupants.  On  the  first  day  after 
their  arrival  they  were  generally  invited  to  the  ta- 
ble of  their  host ;  but  afterward  their  provisions 
(fjevia),  consisting  of  fowl,  eggs,  and  fruit,  were  ei- 
ther sent  to  them,  or  they  had  to  purchase  them 
themselves.10  _ 

~~1.  (Cic,  DeTOff.,  i.,  12.— Herod.,  ix.,  11.— Plut.,  Aristid.,  10.) 
—2.  (Horn.,  Od.,  xiv.,  57,  &c,  283.— Id.  ib.,  ix.,  270.— Id.  ib., 
*iii.,  213. — Id.  ib.,  vii.,  164. — Compare  Apollon.,  Argonaut.,  ii., 
UM.— Milan,  V.  H.,  iv.,  1.)— 3.  (Od.,  xvii.,  484.)— 4.  (Od.,  iv., 
27,  &c,  with  Nitsch's  note.)— 5.  (Schol.  ad  Eurip.,  Med.,  613.)— 
9.  (^Elian,  1.  c— Paus.,  vii.,  25.)— 7.  (Herod.,  vi.,  35.— Thucyd., 
ii.,  13. — Plato,  Crito,  p.  45,  C. — Stobaeus,  Florileg.,  tit.  xliv.,  40, 
&c.)— 8.  (.Elian,  V.  II.,  iv.,  9.— Schol.  ad  Pind.,  Ol.,  xi.,  51  and 
V>. — Compare  Plato,  De  Leg.,  xii.,  p.  952. — Lucian,  Amor.,  12. 
-Thucyd.,  iii.,  68.)— 9.  (Xen.,  (Econ.,  2,  5.— Plato,  Protag.,  p. 
315  —Becker,  Charikles,  i.,  p.  134,  &c.)— 10.  (Vitruv.,  vi.,  7,  4. 
— A  pul  ,  Metam.,  ii.,  p   19.) 

an 


Whit  has  been  said  hitherto  only  refers  to  bos* 
pitium  privatum,  that  is,  the  hospitality  existing  be* 
tween  two  individuals  or  families  of  different  states. 
Of  far  greater  importance,  however,  was  the  hos- 
pitium publicum  (irpotjevia,  sometimes  simply  i-evia), 
or  public  hospitality  which  existed  between  two 
states,  or  between  an  individual  or  a  family  on  the 
one  hand,  and  a  whole  state  on  the  other.  Of  the 
latter  kind  of  public  hospitality  many  instances  are. 
recorded,  such  as  that  between  the  Pisistratids  and 
Sparta,  in  which  the  people  of  Athens  had  no  share. 
The  hospitium  publicum  among  the  Greeks  arose 
undoubtedly  from  the  hospitium  privatum,  and  it 
may  have  originated  in  two  ways.  When  the  Greek 
tribes  were  governed  by  chieftains  or  kings,  the  pri- 
vate hospitality  existing  between  the  ruling  families 
of  two  tribes  may  have  produced  similar  relations 
between  their  subjects,  which,  after  the  abolition  oi 
the  kingly  power,  continued  to  exist  between  the 
new  republics  as  a  kind  of  political  inheritance  of 
former  times.  Or  a  person  belonging  to  one  state 
might  have  either  extensive  connexions  with  the 
citizens  of  another  state,  or  entertain  great  partiali- 
ty for  the  other  state  itself,  and  thus  Offer  to  receive 
all  those  who  came  from  that  state  either  on  pri- 
vate or  public  business,  and  act  as  their  patron  in 
his  own  city.  This  he  at  first  did  merely  as  a  pri- 
vate individual,  but  the  state  to  which  he  offered 
this  kind  service  would  naturally  soon  recognise 
and  reward  him  for  it.  When  two  states  establish- 
ed public  hospitality,  and  no  individuals  came  for- 
ward to  act  as  the  representatives  of  their  state,  it 
was  necessary  that  in  each  state  persons  should  be 
appointed  to  show  hospitality  to,  and  watch  over 
the  interests  of,  all  persons  who  came  from  the 
state  connected  by  hospitality.  The  persons  wh.9 
were  appointed  to  this  office  as  the  recognised 
agents  of  the  state  for  which  they  acted  were  call- 
ed rrpo^evot,  but  those  who  undertook  it  voluntarily 
kdeTioivpoS-Evoi} 

The  office  of  proxenus,  which  bears  great  resem- 
blance to  that  of  a  modern  consul  or  minister-resi- 
dent, was  in  some  cases  hereditary  in  a  particular 
family.  When  a  state  appointed  a  proxenus,  it 
either  sent  out  one  of  its  own  citizens  to  reside  in 
the  other  state,  or  it  selected  one  of  the  citizens  of 
this  state,  and  conferred  upon  him  the  honour  of 
proxenus.  The  former  was,  in  early  times  the 
custom  of  Sparta,  where  the  kings  had  the  right  to 
select  from  among  the  Spartan  citizens  those  whom 
they  wished  to  send  out  as  proxeni  to  other  states  9 
But  in  subsequent  times  this  custom  seems  to  have 
been  given  up,  for  we  find  that  at  Athens  the  family 
of  Callias  were  the  proxeni  of  Sparta  ;3  at  Elis,  the 
Elean  Xenias  ;*  and  at  Argos,  the  Argive  Alciphron.8 
A  Spartan  sent  out  as  proxenus  was  sometimes 
also  intrusted  with  the  power  of  harmostes,  as  Cle- 
archus  at  Byzantium.6 

The  custom  of  conferring  the  honour  of  proxenus 
upon  a  citizen  of  the  state  with  which  public  hospi- 
tality existed,  seems  in  later  times  to  have  been 
universally  adopted  by  the  Greeks.  Thus  we  find, 
besides  the  instances  of  Spartan  proxeni  mentioned 
above,  Nicias  the  Athenian  as  proxenus  of  Syracuse 
at  Athens,7  and  Arthmius  of  Zeleia  as  the  proxenus 
of  Athens  at  Zeleia.8  The  common  mode  of  ap- 
pointing a  proxenus  was,  with  the  exception  of 
Sparta,  by  show  of  hands.9  The  principal  duties 
of  a  proxenus  were  to  receive  those  persons,  espe- 
cially ambassadors,  who  came  from  the  state  which 

1.  (Pollux,  Onom.,  iii.,  59.— Compare  Thucyd.,  ii.,  29,  wit b 
Arnold's  note,  and  iii.,  70,  with  Goller's.) — 2.  (Herod.,  vi.,  57.)-  • 
3.  (Xen.,  Hellen.,  v.,  4,  t>  22.  —  Id.  ib.,  vi.,  3,  )  4,  &c.)  —  4 
(Paus.,  iii.,  8,  4  2.)-5.  (Thucyd.,  v.,  59.)— 6.  (Xen.,  HoII .  :., 
1,  t)  35.-  Id.  ib.,  i.,  3,  $  15.)— 7.  (Diod.  Sic,  xiii.,  27.)— 8.  (J£s- 
chin  ,  <*.  Ctes.,  p.  647. — Compare  Plato,  De  Leg.,  i.,  p.  €*?..- 
9.  (TT)pu">  ad  Demoath.,  c.  Meid.,  p.  374  ) 


tiUSPITIUM. 


HOUSE 


he  represented ;  to  procure  lor  them  admission  to 
the  assembly,  and  seats  in  the  theatre  ;l  to  act 
as  the  patron  of  the  strangers,  and  to  mediate  be- 
tween the  two  states  if  any  disputes  arose."  If  a 
stranger  died  in  the  state,  the  proxenus  of  his  coun- 
tiy  had  to  take  care  of  the  property  of  the  deceased.3 

Regarding  the  honours  and  privileges  which  a 
oroxenus  enjoyed  from  the  state  which  he  repre- 
Bented,  the  various  Greek  states  followed  different 
principles  :  some  honoured  their  proxenus  with  the 
full  civic  franchise,  and  other  distinctions  besides.* 
But  the  right  of  acquiring  property  in  the  state  of 
which  he  thus  became  a  citizen  seems  not  to  have 
been  included  in  his  privileges,  for  we  find  that 
where  this  right  was  granted  it  was  done  by  an  es- 
pecial document.6  A  foreigner  who  was  appointed 
in  his  own  country  as  proxenus  of  Athens,  enjoyed 
for  his  own  person  the  right  of  hospitality  at  Athens 
whenever  he  visited  this  city,  and  all  the  other 
privileges  that  a  foreigner  could  possess  without 
becoming  a  real  Athenian  citizen.  Among  these 
privileges,  though  they  were  not  necessarily  inclu- 
ded in  the  proxeny,  but  were  granted  by  special 
decrees,  we  may  mention  the,  1.  'Emyafiia,  which, 
in  cases  when  it  was  granted  by  the  more  powerful 
state,  generally  became  mutual;6  2.  The  right  to 
acquire  property  at  Athens  (lyKTTjais,  Efnraac^,  iir- 
naoLs) ;  3.  The  exemption  from  paying  taxes  (dr£- 
?^eia  or  artKtia  a-rtavTuv)  ;7  and,  4.  Inviolability  in 
times  of  peace  and  war,  both  by  sea  and  by  land.8 
Some  of  these  privileges  were  granted  to  individu- 
als as  well  as  to  whole  states  ;  but  we  have  no 
instance  of  a  whole  state  having  received  all  of 
them,  with  the  exception  of  those  cases  where  the 
civic  franchise  or  isopolity  was  granted  to  a  whole 
state  ;  and  in  this  case  the  practical  consequences 
could  not  become  manifest,  unless  a  citizen  of  the 
privileged  state  actually  took  up  his  residence  at 
Athens.' 

The  hospitality  of  the  Romans  was,  as  in  Greece, 
either  hospitium  privatum  or  publicum.  Private 
hospitality  with  the  Romans,  however,  seems  to 
have  been  more  accurately  and  legally  defined  than 
in  Greece.  The  character  of  a  hospes,  i.  e.,  a  person 
jonnected  with  a  Roman  by  ties  of  hospitality,  was 
deemed  even  more  sacred,  and  to  have  greater 
claims  upon  the  host,  than  that  of  a  person  connect- 
ed by  blood  or  affinity.  The  relation  of  a  hospes  to 
his  Roman  friend  was  next  in  importance  to  that 
of  a  cliens.10  According  to  MassUrius  Sabinus,11  a 
hospes  has  even  higher  claims  than  a  cliens.  The 
obligations  which  the  connexion  of  hospitality  with 
a  foreigner  imposed  upon  a  Roman  were,  to  receive 
in  his  house  his  hospes  when  travelling,1*  and  to 
protect,  and,  in  case  of  need,  to  represent  him  as 
his  patron  in  the  courts  of  justice.13  Private  hospi- 
tality thus  gave  to  the  hospes  the  claims  upr  n  his 
host  which  the  client  had  on  his  patron,  but  with- 
out any  degree  of  the  dependance  implied  in  the 
clientela.  Private  hospitality  was  established  be- 
tween individuals  by  mutual  presents,  or  by  the 
mediation  of  a  third  person,1*  and  hallowed  by  reli- 
gion ;  for  Jupiter  hospitalis  was  thought  to  watch 
over  the  jus  hospitii,  as  Zeus  xenios  did  with  the 
Greeks  ;14  and  the  violation  of  it  was  as  great  a 
crime  and  impiety  at  Rome  as  in  Greece.     When 

1.  (Pollux,  1.  c.)— 2.  (Xen.,  Hell.,  vi.,  3,  t>  4.)— 3.  (Demosth., 
c.  Callip.,  p.  1237,  <fcc)— 4.  (Bockh,  Corp.  Inscrip.,  n.  1691-93, 
and  ii.,  p.  79. — Demosth.,  De  Cor.,  p.  256. — Xen.,  Hellen.,  i.,  1, 
*  26.)— 5.  (BOckh,  Staatsh.,  i.,  p.  155.)— 6.  (Planner's  Process, 
ii.,  p.  73.— Xen.,  Hellen.,  v.,  2,  $  19.)— 7.  (Demosth., c.  Leptin., 

?•  475.  —  Compare  p.  497.)  —  8.  (Bockh,  Corp.  Inscrip.,  i.,  p. 
25.)— 9.  (Compare  F.  W.  Ullrich,  "De  Proxenia,"  Berlin, 
1822.— Wachsmuth,  Hellen.  Alterthum.,  i.,  1,  p.  121,  dec- 
Hermann,  Polit.  Ant.,  t>  116.)— 10.  (Gellius,  v.,  13.)— 11.  (ap. 
Gell.,  1.  c.)— 12.  (Liv.,  xlii.,  1.)— 13.  (Cic.  in  Q.  Ciecil.  Divin., 
c  20.) -14.  (Serv.  ad  JEn.,  ix.,  360.)— 15.  (Cic,  c  Verr..  iv., 
W  —In  id  Quint.  Fr.,  ii.,  12.— Id.,  Pro  Deiot.,  6  > 
T  T  t 


hospitality  was  formed,  the  two  friends  used  to 
divide  between  themselves  a  tessera  hospitalis,1  by 
which,  afterward,  they  themselves  or  their  descend- 
ants— for  the  connexion  was  hereditary,  as  in  Greece 
— might  recognise  one  another.  From  an  expres- 
sion in  Plautus  (deum  hospitalem  ac  tesseram  meeum 
fero*),  it  has  been  concluded  that  this  tessera  bore 
the  image  of  Jupiter  hospitalis.  Hospitality,  when 
thus  once  established,  could  not  be  dissolved  except 
by  a  formal  declaration  (rcnuntiatio3),  and  in  this 
case  the  tessera  hospitalis  was  broken  to  pieces  * 
Hospitality  was  at  Rome  never  exercised  in  that 
indiscriminate  manner  as  in  the  heroic  age  of 
Greece,  but  the  custom  of  observing  the  laws  of 
hospitality  was  probably  common  to  all  the  nations 
of  Italy.6  In  many  cases  it  wes  exercised  without 
any  formal  agreement  between  vhe  parties,  and  it 
was  deemed  an  honourable  duty  to  receive  distin- 
guished guests  into  the  house.6 

Public  hospitality  seems  likewise  tt?  bave  existed 
at  a  very  early  period  among  the  nation3  of  Italy, 
and  the  fcedus  hospitii  mentioned  in  Livy7  cai* 
scarcely  be  looked  upon  in  any  other  light  than  that 
of  hospitium  publicum.  But  the  first  direct  men- 
tion of  public  hospitality  being  established  between 
Rome  and  another  city,  is  after  the  Gauls  had  de- 
parted from  Rome,  when  it  was  decreed  that  Caer€ 
should  be  rewarded  for  its  good  services  by  the  es- 
tablishment of  public  hospitality  between  the  two 
cities.6  The  public  hospitality  after  the  war  with 
the  Gauls  gave  to  the  Cserites  the  right  of  isopolity 
with  Rome,  that  is,  the  civitas  without  the  suffra- 
gium  and  the  honores.  (Vid.  Colonia,  p.  283.)  In 
the  later  times  of  the  Republic,  we  no  longer  find 
public  hospitality  established  between  Rome  and  a 
foreign  state  ;  but  a  relation  which  amounted  to  the 
same  thing  was  introduced  in  its  stead,  that  is, 
towns  were  raised  to  the  rank  of  municipia,9  and 
thus  obtained  the  civitas  without  the  suffragium 
and  the  honores ;  and  when  a  town  was  desirous 
of  forming  a  similar  relation  with  Rome,  it  entered 
into  clientela  to  some  distinguished  Roman,  who 
then  acted  as  patron  of  the  client  town.  But  the 
custom  of  granting  the  honour  of  hospes  publicus  to 
a  distinguished  foreigner  by  a  decree  of  the  senate 
seems  to  have  existed  down  to  the  end  of  the  Repub- 
lic.10 Whether  such  a  public  hospes  undertook  the 
same  duties  towards  Roman  citizens,  as  the  Greek 
proxenus,  is  uncertain  ;  but  his  privileges  were  the 
same  as  those  of  a  municeps,  that  is,  he  had  the 
civitas,  but  not  the  suffragium  or  the  honores.  Public 
hospitality  was,  like  the  hospitium  privatum,  hered- 
itary in  the  family  of  the  person  to  whom  it  had 
been  granted.1*-  The  honour  of  public  hospes  was 
sometimes  also  conferred  upon  a  distinguished  Ro- 
man by  a  foreign  state.13 

HOSTIA.     (Vid.  Sacrificium.) 

HOSTIS.     (Vid.  Hospitium.) 

HOUSE  (GREEK),  (olnog).  The  scanty,  notices 
of  the  domestic,  or,  rather,  the  palaiial  architecture 
of  the  early  Greeks,  which  we  find  in  Homer,  are 
insufficient  to  give  an  accurate  notion  of  the  names, 
uses,  and  arrangement  of  the  apartments,  which 
appear,  however,  to  have  differed  considerably  from 
the  usages  of  later  ages.  We  first  gain  precise  in- 
formation on  the  subject  about  the  time  of  the  lel- 
oponnesian  war ;  and  from  the  allusions  made  by 
Greek  writers  to  the  houses  of  this  and  the  imme- 
diately subsequent  periods,  till  the  time  of  Alexan- 

1.  (Plaut.,Poen.,v.,2,87.)—  2.  (Pcen.,v.,  1,25.)— 3:  (Liv.,  xxv., 
18.— Cic,  c  Verr.,  ii.,  36.)— 4.  (Plaut.,  Cistell.,  ii.,  1,  27.)— 5. 
(^lian,  V.  H.,  iv.,  1.— Liv.,  i.,  1.)— 6.  (Cic,  De  Off.,  ii.,  r&.- 
Id.,  Pro  Rose  Am.,  6.)— 7.  (i.,  9.)— 8.  (Liv.,  v.,  50.)— 9.  (Liv 
viii.,  14.1—10.  (Liv.,  i.,  45.— Id.,  v.,  28.— Id.,  xxuvii.,  54.)— 11 
(Diod.  Sic,  xiv.,  93.) — 12.  (Bockh,  Corp.  Inscrip.,  i.,n.  1331.— 
Cic,  Pro  Balb.,  18. — Cic,  c  Verr.,  iv.,  65. — Compare  Niebuhr, 
Hist,  of  Rome,  ii.,  p.  58. — Walter,  Gesch.  des  Rom.  Rechts,  p 
54,  &c—  Gbttline.  Gesch.  der  Rom.  Staatsr.,  p.  216,  «fcc) 

51.1 


fiOUSE. 


m/uS£. 


oer,  we  may  conclude  that  their  general  arrangement 
corresponded  with  that  described  by  Vitruvius.1  In 
this  description,  however,  there  is  one  considerable 
difficulty,  among  others  of  less  importance.  In  a 
Greek  family  the  women  lived  in  private  apartments 
allotted  to  their  exclusive  use.  Hence  the  house 
was  always  divided  into  two  distinct  portions, 
namely,  the  Andronitis,  or  men's  apartments  (dvdpu- 
vlng),  and  the  Gynasconitis,  or  women's  apartments 
tyvvaiKuviTig).  Now  Vitruvius,  after  describing  the 
entrance  to  the  house,  goes  on  to  the  Gynseconitis, 
and  then  speaks  of  the  Andronitis,  as  if  the  latter 
lay  behind  the  former,  an  arrangement  which  is 
highly  improbable  from  all  we  know  of  the  careful 
seclusion  in  which  the  Greek  women  were  kept, 
and  which  is  also  directly  opposed  to  the  accounts 
of  the  writers  of  the  period  we  have  referred  to. 

In  the  earliest  times,  as  in  the  houses  referred  to 
by  Homer,  the  women's  apartments  were  in  the 
upper  story  {yirep&ov).  The  same  arrangement  is 
found  in  the  house  spoken  of  by  Lysias.3  But  it 
does  not  follow  that  that  was  the  usual  custom  at 
this  period.  On  the  contrary,  we  have  the  express 
testimony  of  several  writers,  and  Lysias  himself 
among  the  rest,  that  the  Gynseconitis  was  on  the 
same  story  with  the  Andronitis,  and  behind  it  ;3 
and  even  the  tragic  poets  transfer  to  the  heroie 
ages  the  practice  of  their  own,  and  describe  both 
sets  of  apartments  as  on  the  same  floor.* 

Becker5  notices  the  different  explanations  which 
have  been  given  of  the  inconsistency  between  these 
statements  and  the  description  of  Vitruvius,  the 
most  plausible  of  which  is  that  of  Galiani,  namely, 
that  in  the  time  of  Vitruvius  a  slight  change  had 
taken  place  in  the  disposition  of  the  apartments,  by 
which  the  Andronitis  and  Gynseconitis  were  placed 
side  by  side,  each  of  them  having  its  own  front  to- 
wards the  street,  and  its  own  entrance. 

The  front  of  the  house  towards  the  street  was 
not  large,  as  the  apartments  extended  rather  in  the 
direction  of  its  depth  than  of  its  width.  In  towns, 
the  houses  were  often  built  side  by  side,  with  party 
walls  between.6  The  exterior  wall  was  plain,  being 
composed  generally  of  stone,  brick,  and  timber,7  and 
often  covered  with  stucco.8  Plutarch  speaks  of 
Phocion's  house  as  being  ornamented  with  plates 
of  iron.9 

That  there  was  no  open  space  between  the  street 
and  the  house  door,  like  the  Roman  vestibulum,  is 
plain  from  the  law  of  Hippias,  which  laid  a  tax  on 
house-doors  opening  outward,  because  they  en- 
croached upon  the  street.10  The  Ttpodvpa,  which  is 
sometimes  mentioned,11  seems  to  be  merely  the 
space  in  front  of  the  house.  We  learn,  however, 
from  the  same  law  of  Hippias,  that  houses  some- 
times stood  back  from  the  street,  within  enclosures 
of  their  own  (7rpo(j>pdy/j.a.Ta  or  dpvcpaK-Toi12).  In  front 
of  the  house  was  generally  an  altar  of  Apollo  Agyi- 
■eus,  or  a  rude  obelisk  emblematical  of  the  god. 
Sometimes  there  was  a  bay-tree  in  the  same  po- 
sition, and  sometimes  a  head  of  the  god  Hermes.13 

A  few  steps  (dvaSad/xot)  led  up  to  the  house-door, 
which  generally  bore  some  inscription,  for  the  sake 
of  a  good  omen  or  as  a  charm,  such  as  Eloodog 
KpaTtjTt  'Ayadti  Aaip,ovi.l4:  The  form  and  fastenings 
of  the  door  are  described  under  Janua.  This  door, 
as  we  have  seen,  sometimes  opened  outward  ;  but 

1.  (vi.,  7,  ed.  Schneider.) — 2.  (De  Caede  Eratosth.,  p.  12,  13. 
•-Compare  Aristoph.,  Eccles.,  961,  and  Thesmoph.,  482.) — 3. 
j'Lyeias,  c.  Simon.,  p.  139. — Demosth.,  c.  Euerg.,  p.  1155. — 
Xen.,  (Econ.,  ii.,  5. — Antiph.,  De  Venef.,  p.  611.)— 4.  (Soph., 
«Ed.  Tyr.,  1241-1262.)— 5.  (Chankles,  p.  184-5.)— 6.  (Thucyd., 
:i.,  3.) — 7.  (Xen.,  Mem.,  iii.,  1,  t)  7. — Demosth.,  Tlepi  Sui/raij., 
p.  175.)— 8.  <Plutarch,  Comp.  Aristot.  et  Cat.,  4.)— 9.  (Plut., 
Phoc,  18..)— 10.  (Aristot.,  (Econ.,  ii.,  1347,  ed.  Bekker.)— 11. 
(Herod.,  vi.,  35.)— 12.  (Heracl.  Pont.,  Polit.,  1.)— 13.  (Thucyd., 
«-i.,  27.— Aristoph.,  Plut.,  1153.)— 14.  (Plutarch,  Frag.  Vit.  Crat. 
— Di©£.  Laert..,  vi  ,  50.,) 
514 


this  seems  to  have  been  an  exception  to  the  general 
rule,  as  is  proved  by  the  expressions  used  for  open- 
ing, hdovvai,  and  shutting  it,  eKiandaaadai  and 
tyehnvcaodai.1  The  handles  were  called  kmaiTaO' 
Tjjpeg. 

The  house-door  was  called  avleiog  or  avXeta 
■&vpa,2  because  it  led  to  the  avX-fj.  It  gave  admit- 
tance to  a  narrow  passage  {dvpapeZov,  ttvXuv,  dvpuv), 
on  one  side  of  which,  in  a  large  house,  were  the 
stables,  on  the  other  the  porter's  lodge.  The  duty 
of  the  porter  (dvpupog )  was  to  admit  visiters,  and  to 
prevent  anything  improper  from  being  carried  into 
or  out  of  the  house.3  Plato4  gives  a  lively  picture 
of  an  officious  porter.  The  porter  was  attended  by 
a  dog.5  Hence  the  phrase  evlaBetodac  ttjv  kvvc* 
corresponding  to  the  Latin  Cave  canem. 

At  the  farther  end  of  the  passage  Vitruvius  places 
another  door,  which,  however,  does  not  seem  gren 
erally  to  have   existed.     Plutarch7  mentions   the 
house-door  as  being  visible  from  the  peristyle. 

From  the  -Svpuptiov  we  pass  into  the  peristyle  or 
court  (TrepiarvXtov,  avlrj)  of  the  Andronitis,  which 
was  a  space  open  to  the  sky  in  the  centre  (Dkcu- 
dpov),  and  surrounded  on  all  four  sides  by  porticoes 
(aroal),  of  which  one,  probably  that  nearest  the  en- 
trance, was  called  npoardov.8  These  porticoes  were 
used  for  exercise,  and  sometimes  for  dining  in.9 
Here  was  commonly  the  altar  on  which  sacrifices 
were  offered  to  the  household  gods,  but  frequently 
portable  altars  were  used  for  this  purpose.18  Vitru- 
vius11 says  that  the  porticoes  of  the  peristyle  were  of 
equal  height,  or  else  the  one  facing  the  south  was 
built  with  loftier  columns.  This  he  calls  a  Rhodian 
peristyle.  The  object  sought  was  to  obtain  as 
much  sun  in  winter,  and  as  much  shade  and  air  in 
summer,  as  possible.13 

Round  the  peristyle  were  arranged  the  chambers 
used  by  the  men,  such  as  banqueting-rooms  (ohoi. 
dvSpuvsg),  which  were  large  enough  to  contain  sev- 
eral sets  of  couches  (rpUXivoi,  e-ktukXivol,  Tptanov' 
TaKkivoi),  and  at  the  same  time  to  allow  abundant 
room  for  attendants,  musicians,  and  performers  of 
games  ;13  parlours  or  sitting-rooms  (e&dpcu),  and 
smaller  chambers  and  sleeping-rooms  (du/xdrta,  kol- 
tuvec,  oifC7)/j.ara) ;  picture-galleries  and  libraries,  and 
sometimes  store-rooms;  and  in  the  arrangement 
of  these  apartments,  attention  was  paid  to  their  as- 
pect.14 

The  peristyle  of  the  Andronitis  was  connected 
with  that  of  the  Gynseconitis  by  a  door  called  y.e- 
ravTiog,  fieaavXog,  or  fieoavhiog,  which  was  in  the 
middle  of  the  portico  of  the  peristyle  opposite  to  the 
entrance.  Vitruvius  applies  the  name  iiiaavlog  to 
a  passage  between  the  two  peristyles,  in  which  was 
the  fzeaavXog  dvpa.  By  means  of  this  door,  all  com- 
munication between  the  Andronitis  and  Gynasconi- 
tis could  be  shut  off.  Its  uses  are  mentioned  by 
Xenophon,  who  calls  it  -&vpa  ftaXavuTog.15  Its  name, 
uecravAog,  is  evidently  derived  from  /aiaog,  and  means 
the  door  between  the  two  avlal  or  peristyles.16  The 
other  name,  fieravXog,  is  taken  by  some  writers  as 
merely  the  Attic  form  of  jueaavXog.17  But  it  should 
rather  be  derived  from  /nerd,  as  being  the  door  be- 

1.  (Plutarch,  Pelop.,  11.— Dio,  57.)— 2.  (Pind.,  Nem.,  i.,  !».— 
Harpocr.,  s.  v. — Eustath.  ad  II.,  xxii.,  66.) — 3.  (Aristot.,  (Econ., 
i.,  6.) — 4.  (Protag.,  p.  314.)— 5.  (Apollod.  ap.  Athen.,  i.,  p.  3.— 
Theocr.,  xv.,  43.— Aristoph.,  Thesm.,  416.— Id.,  Equit.,  1025.)- 
6.  (Aristoph.,  Lysistr.,  1215.)— 7.  (De  Gen.  Socr.,  c.  18.)— 8, 
(Plato,  Protag.,  p.  314,  315.)— 9.  (Pollux,  Onom.,  i.,  78.— Plato, 
Symp.,  p.  212.— Id.,  Protag.,  p.  311.— Plutarch,  De  Gen.  Soci., 
32.)— 10.  (Plato,  De  Repub.,  i.,  p.  328.)— 11.  (1.  c.)— 12.  (Xen., 
(Econ.,  ix.,  4.— Id.,  Mem.,  iii.,  8,  t)  9.— Aristot.,  (Econ.,  i.,  6.)— 
13.  (Vitruv.,  1.  c— Xen.,  Symp.,  i.,  4,  ')  13.— Plutarch,  Symp., 
v.,  5,  l)  2.— Aristoph.,  Eccles.,  676.)— 14.  (Vitruv.,  1.  c— Lysias, 
De  Cade  Eratosth.,  p.  28.— Id.,  c.  Eratosth.,  p.  339.— Aristoph. , 
Eccles.,  8,  14.— Pollux,  Onom.,  i.,  79.— Plato,  Protag.,  p.  314, 
316.)— 15.  (CEcon.,ix.,  5.— Compare  Plut.,  Arat.,  26.)— 16.  (Sui- 
das,  s.  v.  Mtvavhiov—  JE\.  Dion.  ap.  Eustath.  ad  II.,  xi.,  547  — 
Schol.  Apoll.  Rhod.,  iii.,  335.)— 17.  (Moer.  Att..  p.  284.) 


HOUSE. 


HOUSE. 


kind  or  beyond  the  avTiTj,  with  respect  to  the  af-\eiog 
dvpa.1  It  should  be  observed,  that  in  the  house  de- 
scribed by  Vitruvius,  if  the  Andronitis  and  Gynse- 
conitis  lay  side  by  side,  the  /neaavXog  -Svpa  would 
not  be  opposite  to  the  entrance,  but  in  one  of  the 
other  sides  of  the  peristyle. 

This  door  gave  admittance  to  the  peristyle  of  the 
Oynseconitis,  which  differed  from  that  of  the  An- 
dronitis in  having  porticoes  round  only  three  of  its 
sides.  On  the  fourth  side  (the  side  facing  the  south, 
according  to  Vitruvius)  were  placed  two  antae  (vid. 
Ant^e),  at  a  considerable  distance  from  each  other. 
A  third  of  the  distance  between  these  antae  was  set 
off  inward2  (Quantum  inter  antas  distat,  ex  eo  tertia 
ciempta  spatium  datur  inlrorsus),  thus  forming  a  cham- 
ber or  vestibule,  which  was  called  rxpocrdg,  irapaa- 
rdg,  and  perhaps  rraardg,  and  also  rcpodpofiog.3  On 
the  right  and  left  of  this  Trpoarag  were  two  bed- 
chambers, the  ddXa/Ltog  and  dfupLddXafiog,  of  which 
the  former  was  the  bedchamber  of  the  house,  and 
here  also  seem  to  have  been  kept  the  vases  and 
other  valuable  articles  of  ornament.*  Beyond  these 
rooms  (for  this  seems  to  be  what  Vitruvius  means 
by  in  his  locis  inlrorsus)  were  large  apartments  (h- 
rtiveg),  used  for  working  in  wool  (ceci  magni,  in  qui- 
bus  matrcs  familiarum  cum  lanijicis  habent  sessio- 
nem5).  Round  the  peristyle  were  the  eating-rooms, 
bed-chambers,  store-rooms,  and  other  apartments 
in  common  use  (triclinia  quotidiana,  cubicula,  et  cello, 
familiariccz). 

Besides  the  avXeiog  -&vpa  and  the  fiiaavlog  dvpa, 
there  was  a  third  door  (tcnnaia  $vpa)  leading  to  the 
garden.6  Lysias7  speaks  of  another  door,  which 
probably  led  from  the  garden  into  the  street. 

The  following  plan  of  the  ground-floor  of  a  Greek 
house  of  the  larger  size  is  taken  from  Becker's 
Charikles.  It  is,  of  course,  conjectural,  as  there  are 
now  no  Greek  houses  in  existence. 


f  i: 
i — i 


J-m  |  -/.«  J-< 


o.  T~^T]    o 

-r — i  & 


9    »   o   ©    •    e 


o. 


0. 


ijTh; 


LJ_i: 


P: 

c. 


■      O     ffi      C      9 


>  r„ 


0. 
1       I 


(X- 

rc,  House-door,  av?.etog  -&vpa  :  -&vp,  passage,  #vpw- 
oelov  or  &vpuv  :  A,  peristyle  or  ai)2,r/  of  the  Androni- 
tis ;  o,  the  halls  and  chambers  of  the  Andronitis ; 
ft,  fieravXog  or  pecavlog  dvpa:  T,  peristyle  of  the 
Oynaeconitis  ;  y,  chambers  of  the  Gynaeconitis  ;  «r, 
npoordg  or  nrapaardg :  6,  ftuXafiog  and  d/j.(pidd?*,auog : 

1.  (Lysias,  De  Caed.  Erat.,  p.  20—  Plut.,  Symp.,  vii.,  1.— jEI. 
Dion.  ap.  Eustath.,  1.  c.)— 2.  (Vitruv..  1.  c,  I)  1.)— 3.  (Pollux.— 
Suid. — Hesych. — Etymol.  Mag.  —  Vitruv.,  1.  c.)— 4.  (Xen., 
(Econ.,  ix  ,  3.)— 5.  (Vitruv.)— 6.  (Pollux,  Onom.,  i.,  76— De- 
mosth.,  c.  Euerg  ,  p  1155. — Lysias,  c.  Eratosth.,  p.  393.) — 7.  (1. 
e  .  p.  394.) 


I,  rooms  for  working  in  wool  (iortivee) ;  K,  garden 
door,  unTraia  d-vpa. 

There  was  usually,  though  not  always,  an  uppei 
story  (virep&ov,  dtTjpec),  which  seldom  extended  over 
the  whole  space  occupied  by  the  lower  story.  The 
principal  use  of  the  upper  story  was  for  the  lodging 
of  the  slaves,  as  appears  from  a  passage  in  De- 
mosthenes,1 where  the  words  hv  rib  rrvpyu  seem 
to  imply  a  building  several  stories  high.  The  ac- 
cess to  the  upper  floor  seems  to  have  been  some- 
times by  stairs  on  the  outside  of  the  house,  leading 
up  from  the  street.  Guests  were  also  lodged  in  the 
upper  story.3  But  in  some  large  houses  there  were 
rooms  set  apart  for  their  reception  (frvuvec.)  on  tho 
ground-floor.3  In  cases  of  emergency,  store-rooms 
were  fitted  up  for  the  accommodation  of  guests.* 

Portions  of  the  upper  story  sometimes  projected 
beyond  the  walls  of  the  lower  part,  forming  balco- 
nies or  verandahs  (rrpodoXat,  yeicu7Todio{j.ara5). 

The  roofs  were  generally  flat,  and  it  was  custom- 
ary to  walk  about  upon  them.6  But  pointed  roofs 
were  also  used.7 

In  the  interior  of  the  house,  the  place  of  doors 
was  sometimes  supplied  by  curtains  (TTapanerdap.a- 
ra),  which  were  either  plain,  or  dyed,  or  embroi- 
dered.8 

The  principal  openings  for  the  admission  of  light 
and  air  were  in  the  roofs  of  the  peristyles  ;  but  it  is 
incorrect  to  suppose  that  the  houses  had  no  win- 
dows (tivpidec),  or,  at  least,  none  overlooking  the 
street.     They  were  not  at  all  uncommon.9 

Artificial  warmth  was  procured  partly  by  means 
of  fireplaces.  It  is  supposed  that  chimneys  were 
altogether  unknown,  and  that  the  smoke  escaped 
through  an  opening  in  the  roof  (KcnrvodoKT}10).  It  is 
not  easy  to  understand  how  this  could  be  the  case 
when  there  was  an  upper  story.  Little  portable 
stoves  (kaxdpai,  kaxaplSec)  or  chafing-dishes  (avftpu- 
tua)  were  frequently  used.11     (Vid.  Focus.) 

The  houses  of  the  wealthy  in  the  country,  at 
least  in  Attica,  were  much  larger  and  more  magnifi- 
cent than  those  in  the  towns.  The  latter  seem  to 
have  been  generally  small  and  plain,  especially  in 
earlier  times,  when  the  Greeks  preferred  expending 
the  resources  of  art  and  wealth  on  their  temples  and 
public  buildings  ;ia  but  the  private  houses  became 
more  magnificent  as  the  public  buildings  began  tc 
be  neglected.13 

The  decorations  of  the  interior  were  very  plain  at 
the  period  to  which  our  description  refers.    The 
floors  were  of  stone.     At  a  late  period  coloured 
stones  were  used.14    Mosaics  are  first  mentionec 
under  the  kings  of  Pergamus. 

The  walls,  up  to  the  fourth  century  B.C.,  seem 
to  have  been  only  whited.  The  first  instance  of 
painting  them  is  that  of  Alcibiades.15  This  innova- 
tion met  with  considerable  opposition.16  Plato  men- 
tions the  painting  of  the  walls  of  houses  as  a  mark 
of  a  rpvcpuca  TrSXtg.11  These  allusions  prove  that 
the  practice  was  not  uncommon  in  the  time  of 
Plato  and  Xenophon.  We  have  also  mention  of 
painted  ceilings  at  the  same  period.18  At  a  later 
period  this  mode  of  decoration  became  general.19 

HOUSE  (ROMAN)  (Domus ;  JEdes  privatcc).   The 

1.  (c.  Euerg.,  p.  1156.)— 2.  (Antiph.,  De  Venef.,  p.  611.)— a 
(Vitruv.,  1.  c— Pollux,  Onom.,  iv.,  125.— Eurip.,  Alcest.,  564.) 
4.  (Plato,  Protag.,  p.  315.)— 5.  (Pollux,  Onom.,  i.,81.)— 6.  (Lys- 
ias, adv.  Simon.,  p.  142.— Plaut.,  Mil.,  II.,  ii.,  3.)— 7.  (Pollux, 
Onom.,  i.,  81.)— 8.  (Pollux,  x.,  32.— Theophrast.,  Char.,  5.)— 9. 
(Aristoph.,  Thesm.,  797.— Id.,  Eccles.,  961.— Plut.,  De  Curios., 
13.)— 10.  (Herod.,  viii..  137.)— 11.  (Plutarch,  Apophth.,  i.,  p. 
717,  W.— Aristoph.,  Vesp.,  811.— Pollux,  Onom.,  vi.,  89;  x., 
101.)— 12.  (Thucvd.,  ii.,  14,  65.— Isocr.,  Areop.,  20.— Dicajarch., 
Stat.  Graec,  p.  8.) — 13.  (Demosth.,  c.  Aristocr.,  p.  689.— Id., 
Olynth.,  iii.,  p.  36.)— 14.  (Plin.,  H.  N.,  xxxvi.,  25,  60.)— 15.  (An- 
doc,  c.  Alcib.,  p.  119.— Plutarch,  Alcib..  16.)— 16.  (Xen.,  Mem. 
iii.,  8.  t>  10—  Id.,  (Econ.,  ix.,  2.)— 17.  (Repub.,  iii.,  p.  372-3.)— 
18.  (Plato,  Repub.,  vii.,  529.)— 19.  (Becker,  Char.klee,  i.,  p 
166,  &c.) 

515 


HOUSE. 


HOUSE. 


houses  of  the  Romans  were  poor  and  mean  for 
many  centuries  after  the  foundation  of  the  city. 
Till  the  war  with  Pyrrhus,  the  houses  were  covered 
only  with  thatch  or  shingles,1  and  were  usually  built 
of  wood  or  unbaked  bricks.  It  was  not  till  the 
later  times  of  the  Republic,  when  wealth  had  been 
acquired  by  conquests  in  the  East,  that  houses  of 
any  splendour  began  to  be  built ;  but  it  ther  became 
the  fashion  not  only  to  build  houses  of  an  i  mmense 
size,  but  also  to  adorn  them  with  columns,  paint- 
ings, statues,  and  costly  works  of  art. 

M.  Lepidus,  who  was  consul  B.C.  78,  was  the 
first  who  introduced  Numidian  marble  into  Rome 
for  the  purpose  of  paving  the  threshold  of  his  house ; 
but  the  fashion  of  building  magnificent  houses  in- 
creased so  rapidly,  that  the  house  of  Lepidus,  which 
in  his  consulship  was  the  first  in  Rome,  was,  thir- 
ty-five years  later,  not  the  hundredth.3  Lucullus 
especially  surpassed  all  his  contemporaries  in  the 
magnificence  of  his  houses  and  the  splendour  of 
their  decorations.  Marble  columns  were  first  intro- 
duced into  private  houses  by  the  orator  L.  Crassus, 
but  they  did  not  exceed  twelve  feet  in  height,  and 
were  only  six  in  number.3  He  was,  however,  soon 
surpassed  by  M.  Scaurus,  who  placed  in  his  atrium 
columns  of  black  marble,  called  Lucullean,  thirty- 
eight  feet  high,  and  of  such  immense  weight  that 
the  contractor  of  the  sewers  took  security  for  any 
injury  that  might  be  done  to  the  sewers  in  conse- 
quence of  the  columns  being  carried  along  the 
streets.* 

The  Romans  were  exceedingly  partial  to  marble 
for  the  decoration  of  their  houses.  Mamurra,  who 
was  Caesar's  praefectus  fabrum  in  Gaul,  set  the  ex- 
ample of  lining  his  room  with  slabs  of  marble.8 
Some  idea  may  be  formed  of  the  size  and  magnifi- 
cence of  the  houses  of  the  Roman  nobles  during  the 
later  times  of  the  Republic  by  the  price  which  they 
fetched.  The  consul  Messalla  bought  the  house  of 
Autronius  for  3700  sestertia  (nearly  33,000/.),  and 
Cicero  the  house  of  Crassus,  on  the  Palatine,  for 
3500  sestertia  (nearly  31,000/.).6  The  house  of 
Publius  Clodius,  whom  Milo  killed,  cost  14,800  ses- 
tertia (about  131,000/.);  and  the  Tusculan  villa  of 
Scaurus  was  fitted  up  with  such  magnificence,  that 
when  it  was  burned  by  his  slaves,  he  lost  100,000 
sestertia,  upward  of  885,000/. 7  The  house-rent 
which  persons  in  poor  circumstances  usually  paid 
at  Rome  was  about  2000  sesterces,  between  17/. 
and  18/.8  It  was  brought  as  a  charge  of  extrava- 
gance against  Caelius  that  he  paid  30  sestertia  (about 
266/.)  for  the  rent  of  his  house.9 

Houses  were  originally  only  one  story  high ;  but 
as  the  value  of  ground  increased  in  the  city,  they 
were  built  several  stories  in  height,  and  the  highest 
floors  were  usually  inhabited  by  the  poor.10  To 
guard  against  danger  from  the  extreme  height  of 
houses,  Augustus*  restricted  the  height  of  all  new 
houses  which  were  built  by  the  side  of  the  public 
roads  to  seventy  feet.11  Till  the  time  of  Nero,  the 
streets  in  Rome  were  narrow  and  irregular,  and 
bore  traces  of  the  haste  and  confusion  with  which 
the  city  was  built  after  it  had  been  burned  by  the 
Gauls ;  but  after  the  great  fire  in  the  time  of  that 
emperor,  by  which  two  thirds  of  Rome  were  burn- 
ed to  the  ground,  the  city  was  built  with  great  reg- 
ularity. The  streets  were  made  straight  and  broad  ; 
the  height  of  the  houses  was  restricted,  and  a  cer- 
tain part  of  each  was  required  to  be  built  of  Gabian 
or  Alban  stone,  which  was  proof  against  fire." 


1.  (Plin.,  H.  N.,  xvi.,  15.)— 2.  (Id.,  xxxvi.,  8,  24,  $  4.)— 3.  (Id., 
xvii.,  1.— U.,  xxxvi.,  3.)— 4.  (Id.,  xxxvi.,  2.)— 5.  (Id.,  xxxvi.,  7.) 
—6.  (Cic.  ad  Att.,i.,  13.— Id.,  ad  Fam.,  v.,  6.)— 7.  (Plin.,  H.  N., 
oxvi.,  24.)- -8.  (Suet.,  Jul.,  38.)— 9.  (Cic,  Pro  CoeL,  7.)— 10. 
(Cic,  Agr.,  ii.,  35.  — Hor.,  Ep.,  I.,  i.,  91.  — Juv.,  Sat.,  hi.,  268, 
Ac— Id.,  x.,  17.)  —11.  (Strab.,  v.,  p.  235.)  —  12.  (Tacit.,  Ann., 
xr.,  43.— Suet.,  Ner.,  38.) 
516 


Our  information  respecting  the  form  anc  arrange 
ment  of  a  Roman  house  is  principally  derived  from 
the  description  of  Vitruvius,  and  the  remains  of  the 
houses  which  have  been  found  at  Pompeii.  Man} 
points,  however,  are  still  doubtful ;  but,  without  en- 
tering into  architectural  details,  we  shall  confine 
ourselves  to  those  topics  which  serve  to  illustrate 
the  classical  writers.  The  chief  rooms  in  the  house 
of  a  respectable  Roman,  though  differing,  of  course, 
in  size  and  splendour  according  to  the  circumstan- 
ces of  the  owner,  appear  to  have  been  usually  ar- 
ranged in  the  same  manner,  while  the  others  varied 
according  to  the  taste  and  circumstances  of  the 
master. 

The  principal  parts  of  a  Roman  house  were  the, 

1.  Vestibulum;  2.  Ostium;  3.  Atrium  or  Cavum 
Mdium ;  4.  Ala, ;  5.  Tablinum ;  6.  Fauces ;  7.  Peri- 
stylium.  The  parts  of  a  house  which  were  consider- 
ed of  less  importance,  and  of  which  the  arrangement 
differed  in  different  nouses,  were  the,  1.  Cubicula; 

2.  Triclinia;  3.  (Eci;  4.  Exedra;  5.  Pinacotheca;  6. 
Bibliotheca ;  7.  Balineum ;  8.  Culina ;  9.  Coznacula ; 
10.  Diceta;  11.  Solaria.  We  shall  speak  of  each  iu 
order. 

1.  Vestibulum.  The  vestibulum  did  not  prop- 
erly form  part  of  the  house,  but  was  a  vacant  space 
before  the  door,  forming  a  court,  which  was  sur- 
rounded on  three  sides  by  the  house,  and  was  open 
on  the  fourth  to  the  street.  The  two  sides  of  the 
house  joined  the  street,  but  the  middle  part  of  it, 
where  the  door  was  placed,  was  at  some  little  dis- 
tance from  the  street.1  Hence  Plautus2  says, '  Vi* 
deri'  vestibulum  ante  cedes  hoc  ct  ambulacrum  quoius.- 
modi  ?" 

2.  Ostium.  The  ostium,  which  is  also  called 
janua  and  fores,  was  the  entrance  to  the  house. 
The  street-door  admitted  into  a  hall,  to  which  thfl 
name  of  ostium  was  also  given,  and  in  which  thero 
was  frequently  a  small  room  (cello)  for  the  porter 
(janitor  or  ostiarius),  and  also  for  a  dog,  which  was 
usually  kept  in  the  hall  to  guard  the  house.  A  full 
account  of  this  part  of  the  house  is  given  under  Jan- 
ua. Another  door  (janua  interior)  opposite  the 
street-door  led  into  the  atrium. 

3.  Atrium  or  Cavum  ^Edium,  as  it  is  written  by 
Varro  and  Vitruvius ;  Pliny  writes  it  Cavadium. 
Hirt,  Muller,3  Marini,  and  most  modern  writers, 
consider  the  Atrium  and  Cavum  iEdium  to  be  the 
same  ;  but  Newton,  Stratico,  and,  more  recently, 
Becker,*  maintain  that  they  were  distinct  rooms. 
It  is  impossible  to  pronounce  a  decisive  opinion  on 
the  subject ;  but  from  the  statements  of  Varro5  and 
Vitruvius,6  taken  in  connexion  with  the  fact  that  no 
houses  in  Pompeii  have  been  yet  discovered  which 
contain  both  an  Atrium  and  Cavum  iEdium,  it  is 
most  probable  that  they  were  the  same.  The  etv- 
mology  of  Atrium  is  mentioned  under  that  head. 

The  Atrium  or  Cavum  iEdium  was  a  large  apart- 
ment, roofed  over  with  the  exception  of  an  opening 
in  the  centre,  called  compluvium,  towards  which  the 
roof  sloped  so  as  to  throw  the  rain-water  into  a  cis- 
tern in  the  floor,  termed  impluvium,''  which  was  fre- 
quently  ornamented  with  statues,  columns,  and  oth- 
er works  of  art.8  The  word  impluvium,  however, 
is  also  employed  to  denote  the  aperture  in  the  roof.8 
Schneider,  in  his  commentary  on  Vitruvius,  suppo* 
ses  cavum  aedium  to  mean  the  whole  of  this  apart- 
ment, including  the  impluvium,  while  atrium  signi- 
fied only  the  covered  part,  exclusive  of  the  impluvi- 
um. Mazois,  on  the  contrary,  maintains  that  atri- 
um is  applied  to  the  whole  apartment,  and  cavum 
aedium  only  to  the  uncovered  part.     The  breadth  ol 


1.  (Gell.,  xvi.,  5.  — Macrob.,  Sat.,  vi.,  8.)  — 2.  (Mostell.,  III., 
ri.,  132.)— 3.  (Etrusker,  i.,  p.  255.)— 4.  (Gallus,  i.,  p.  77,  &c)— 
5.  (De  Ling.  Lat.,  v.,  161,  Miiller.)— 6.  (v  ,  3,  4,  ed.  Bipont  )— 
7.  (Varro,  1.  c— Festus,  s.  v.  Impluvium.)-  $.  (Cic,  c  Verr.,  II 
i.,  23,  56.)- 9.  (Ter.,  Eun.,  HI.,  v.,  41.) 


HOUSE. 


HOUSE. 


tne  impluvium,  according  to  Vitruvius,1  was  not 
less  than  a  quarter,  nor  greater  than  a  third  of  the 
breadth  of  the  atrium  ;  its  length  was  in  the  same 
proportion  according  to  the  length  of  the  atrium. 

Vitruvius2  distinguishes  five  kinds  of  atria  or 
cava  acdium,  which  were  called  by  the  following 
names  : 

(1.)  Tuscanicum.  In  this  the  roof  was  supported 
by  four  beams,  crossing  each  other  at  right  angles, 
the  included  space  forming  the  compluvium.  This 
kind  of  atrium  was  probably  the  most  ancient  of  all, 
as  it  is  more  simple  than  the  others,  and  is  not 
adapted  for  a  very  large  building. 

(2.)  Tetrastylum.  This  was  of  the  same  form  as 
the  preceding,  except  that  the  main  beams  of  the 
roof  were  supported  by  pillars  placed  at  the  four 
angles  of  the  impluvium. 

(3.)  CorinthiumwdiS  on  the  same  principle  as  the 
tetrastyle,  only  that  there  was  a  greater  number  of 
pillars  around  the  impluvium,  on  which  the  beams 
of  the  roof  rested. 

(4.)  Displuviatum  had  its  roof  sloping  the  contrary 
way  to  the  impluvium,  so  that  the  water  fell  outside 
the  house  instead  of  being  carried  into  the  implu- 
vium. 

(5.)  Testudinatum  was  roofed  all  over,  and  had  no 
compluvium. 

The  atrium  was  the  most  important  room  in  the 
house,  and  among  the  wealthy  was  usually  fitted 
up  with  much  splendour  and  magnificence.3  The 
marble  columns  of  Scaurus  already  spoken  of  were 
placed  in  the  atrium.  The  atrium  appears  origi- 
nally to  have  been  the  only  sitting-room  in  the 
house,  and  to  have  served  also  as  a  kitchen  ;*  and 
it  probably  continued  to  do  so  among  the  lower  and 
middle  classes.  In  the  houses  of  the  wealthy,  how- 
ever, it  was  distinct  from  the  private  apartments, 
and  was  used  as  a  reception  room,  where  the  patron 
received  his  clients,  and  the  great  and  noble  the  nu- 
merous visiters  who  were  accustomed  to  call  every 
morning  to  pay  their  respects  or  solicit  favours.5 
Cieeio  frequently  complains  that  he  was  not  exempt 
from  this  annoyance  when  he  retired  to  his  country 
houses.'  But,  though  the  atrium  does  not  appear 
to  have  been  used  by  the  wealthy  as  a  sitting-room 
for  the  family,  it  still  continued  to  be  employed  for 
many  purposes  which  it  had  originally  served. 
Thus  the  nuptial  couch  was  placed  in  the  atrium 
opposite  the  door  (in  aula1),  and  also  the  instruments 
and  materials  for  spinning  and  weaving,  which  were 
formerly  carried  on  by  the  women  of  the  family  in 
this  room.8  Here,  also,  the  images  of  their  ances- 
tors were  placed,9  and  the  focus  or  fireplace,  which 
possessed  a  sacred  character,  being  dedicated  to  the 
Lares  of  each  family.     (Vid.  Focus.) 

4.  Al^e,  wings,  were  small  apartments  or  recess- 
es on  the  left  and  right  sides  of  the  atrium.10 

5.  Tablinum  was,  in  all  probability,  a  recess  or 
room  at  the  farther  end  of  the  atrium,  opposite  the 
door  leading  into  the  hall,  and  was  regarded  as  part 
of  the  atrium.  It  contained  the  family  records  and 
archives.11 

With  the  tablinum,  the  Roman  house  appears  to 
have  originally  ceased ;  and  the  sleeping-rooms 
were  probably  arranged  on  each  side  of  the  atrium. 
But  when  the  atrium  and  its  surrounding  rooms 
were  used  for  the  reception  of  clients  and  other 
public  visiters,  it  became  necessary  to  increase  the 
size  of  the  house,  and  the  following  rooms  were 
accordingly  added 


6.  Fauces  appear  to  have  been  passages,  wrucH 
passed  from  the  atrium  to  the  peristylium  or  interi- 
or of  the  house.1 

7.  Peristylium  was  in  its  general  form  like  the 
atrium,  but  it  was  one  third  greater  in  breadth, 
measured  transversely,  than  in  length.3  It  was  a 
court  open  to  the  sky  in  the  middle ;  the  open  part, 
which  was  surrounded  by  columns,  was  larger  than 
the  impluvium  in  the  atrium,  and  was  frequently 
decorated  with  flowers  and  shrubs. 

The  arrangement  of  the  rooms  which  are  next  to 
be  noticed,  varied,  as  has  been  remarked,  accord- 
ing to  the  taste  and  circumstances  of  the  owner. 
It  is,  therefore,  impossible  to  assign  to  them  any 
regular  place  in  the  house. 

1.  Cubicula,  bed-chambers,  appear  to  have  been 
usually  small.  There  were  separate  cubicula  for 
the  day  and  night  (cubicula  diurna  ct  nocturna*) ; 
the  latter  were  also  called  dormitoria*  Vitruvius8 
recommends  that  they  should  face  the  east,  for  the 
benefit  of  the  rising  sun.  They  sometimes  had  a 
small  anteroom,  which  was  called  by  the  Greek 
name  of  npoKoiTciv.* 

2.  Triclinia  are  treated  of  in  a  separate  article. 

3.  OSci,  from  the  Greek  oIkoc,  were  spacious  halls 
or  saloons  borrowed  from  the  Greeks,  and  were  fre- 
quently used  as  triclinia.  They  '"vere  to  have  the 
same  proportions  as  triclinia,  but  ~  c?e  to  te  more 
spacious,  on  account  of  having  columns,  which  tri- 
clinia had  not.7  Vitruvius  mentions  four  kinds  ol 
oeci : 

(1.)  The  Tetrastyle,  which  needs  no  farther  de- 
scription.   Four  columns  supported  the  roof. 

(2.)  The  Corinthian,  which  possessed  only  one 
row  of  columns,  supporting  the  architrave  (epistyli- 
um),  cornice  (corona),  and  a  vaulted  roof. 

(3.)  The  ^Egyptian,  which  was  more  splendid 
and  more  like  a  basilica  than  a  Corinthian  triclini- 
um. In  the  ^Egyptian  cecus,  the  pillars  supported  a 
gallery  with  paved  floor,  which  formed  a  walk  roui  d 
the  apartment;  and  upon  these  pillars  others  vveie 
placed,  a  fourth  part  less  in  height  than  the  lower, 
which  surrounded  the  roof.  Between  the  upper 
columns  windows  were  inserted. 

(4.)  The  Cyzicene  (Kv&icnvoi)  appears  in  the  time* 
of  Vitruvius  to  have  been  seldom  used  in  Italy. 
These  oeci  were  meant  for  summer  use,  looking  to 
the  north,  and,  if  possible,  facing  gardens,  to  which 
they  opened  by  folding  doors.  Pliny  had  ceci  of 
this  kind  in  his  villa. 

4.  Exedrae,  which  appear  to  have  been  in  form 
much  the  same  as  the  ceci,  for  Vitruvius8  speaks  of 
the  exedrae  in  connexion  with  oeci  quadrati,  were 
rooms  for  conversation  and  the  other  purposes  of 
society.9  They  served  the  same  purposes  as  the 
exedrae  in  the  Thermae  and  Gymnasia,  which  were 
semicircular  rooms  with  seats  for  philosophers  and 
others  to  converse  in.10     (Vid.  Baths,  p.  152.) 

5.  6,  7.  Pinacotheca,  Bibliotheca,  and  Baline- 
um  (vid.  Baths),  are  treated  of  in  separate  articles 

8.  Culina,  the  kitchen.  The  food  was  originally 
cooked  in  the  atrium,  as  has  been  already  stated ; 
but  the  progress  of  refinement  afterward  led  to  the 
use  of  another  part  of  the  house  for  this  purpose. 
In  the  kitchen  of  Pansa's  house,  of  which  a  ground- 
plan  is  given  below,  a  stove  for  stews  and  similar 
preparations  was  found,  very  much  like  the  char- 
coal stoves  used  in  the  present  day.  (See  wood- 
cut )  Before  it  lie  a  knife,  a  strainer,  and  a  kind 
of  frying-pan  with  four  spherical  cavities,  as  if  it 
were  meant  to  cook  eggs. 

In  this  kitchen,  as  well  as  in  many  others  at  Pom- 


HOUSE. 


HOUSE. 


pen,  there  are  paintings  of  the  Lares  or  domestic 
gods,  under  whose  care  the  provisions  and  all  the 
cooking  utensils  were  placed. 

9.  Cosnacula  properly  signified  rooms  to  dine  in; 
but  after  it  became  the  fashion  to  dine  in  the  upper 
part  of  the  house,  the  whole  of  the  rooms  above  the 
ground-floor  were  called  canacula,1  and  hence  Fes- 
tus  says,  "  Ctznacula  dicuntur,  ad  qua  scalis  ascendi- 
tur."9  As  the  rooms  on  the  ground-floor  were  of 
different  heights,  and  sometimes  reached  to  the 
roof,  all  the  rooms  on  the  upper  story  could  not  be 
united  with  one  another,  and,  consequently,  differ- 
ent sets  of  stairs  would  be  needed  to  connect  them 


with  the  lower  part  of  the  house,  as  we  find  to  be 
the  case  in  houses  at  Pompeii.  Sometimes  the 
stairs  had  no  connexion  with  the  lower  part  of  the 
house,  but  ascended  at  once  from  the  street.1  At 
Rome  the  highest  floors,  as  already  remarked  (p. 
516),  were  usually  inhabited  by  the  poor.8 

10.  Himtjl  was  an  apartment  used  for  dining  in, 
and  for  the  other  purposes  of  life.3  It  appears  to 
have  been  smaller  than  the  triclinium.  Diaeta  is 
also  the  name  given  by  Pliny4  to  rooms  containing 
three  or  four  bed-chambers  (cubicula).  Pleasure 
houses  or  summer-houses  are  also  called  disetae.5 

11.  Solaria,  properly  places  for  basking  in  the 
sun,  were  terraces  on  the  tops  of  houses.6  In  the 
time  of  Seneca  the  Romans  formed  artificial  gar- 
dens on  the  tops  of  their  houses,  which  contained 
even  fruit-trees  and  fish-ponds.7 

The  two  woodcuts  annexed  represent  two  atria 
of  houses  at  Pompeii.  The  first  is  the  atrium  of 
what  is  usually  called  the  house  of  the  Quaestor. 
The  view  is  taken  near  the  entrance-hall  facing  the 
tablinum,  through  which  the  columns  of  the  peri- 
style and  the  garden  are  seen.  This  atrium,  which 
is  a  specimen  of  what  Vitruvius  calls  the  Corinth- 
ian, is  surrounded  by  various  rooms,  and  is  beauti- 
fully painted  with  arabesque  designs  upon  red  and 
yellow  grounds. 


The  next  woodcut  represents  the  atrium  of  what 
is  usually  called  the  house  of  Ceres.  In  the  centre 
is  the  impluvium,  and  the  passage  at  the  farther 
end  is  the  ostium  or  entrance  hall.  As  there  are 
no  pillars  around  the  impluvium,  this  atrium  must 
belong  to  the  kind  called  by  Vitruvius  the  Tuscan. 


The  preceding  account  of  the  different  rooms,  and 
especially  of  the  arrangement  of  the  atrium,  tabli- 
num, peristyle,  &c,  is  best  illustrated  by  the  houses 

1.  (Varro,  De  Ling.  Lat.,  v.,  162,  ed.  Muller.)—  2.  (Compare 
Diir.  9- tit.  3,  s.  1.) 
518 


which  have  been  disinterred  at  Pompeii.  The 
ground-plan  of  two  is  accordingly  subjoined.  The 
first  is  the  plan  of  a  house,  usually  called  the  house 
of  the  tragic  poet. 

Like  most  of  the  other  houses  at  Pompeii,  it  had 
no  vestibulum,  according  to  the  meaning  which  we 
have  attached  to  the  word.  1.  The  ostium  or  en- 
trance hall,  which  is  six  feet  wide  and  nearly  thirty- 
long.  Near  the  street-door  there  is  a  figure  of  & 
large  fierce  dog  worked  in  mosaic  on  the  pavement, 
and  beneath  it  is  written  Cave  Canem.  The  two 
large  rooms  on  each  side  of  the  vestibule  appear, 
from  the  large  openings  in  front  of  them,  to  have 
been  shops  ;  they  communicate  with  the  entrance 
hall,  and  were,  therefore,  probably  occupied  by  the 
master  of  the  house.  2.  The  atrium,  which  is  about 
twenty-eight  feet  in  length  and  twenty  in  breadth  ; 
its  impluvium  is  near  the  centre  of  the  room,  and 
its  floor  is  paved  with  white  tesserae,  spotted  with 
black.  3.  Chambers  for  the  use  of  the  family,  or 
intended  for  the  reception  of  guests  who  were  enti- 
tled to  claim  hospitality.     When  a  house  did  not 

1.  (Liv.,  xxxix.,  14.)— 2.  (Compare  Suet.,  Vitell.,  7.)  — 3. 
(Plin.,  Ep.,  ii.,  17.— Suet.,  Claud.,  10.)— 4.  (Ep.,  vi.,  5.)— & 
(Dig.  30,  tit.  1,  s.  43  ;  7,  tit.  1,  s.  13,  <)  3.)— 6.  (Plaut.,  Mil.,  II, 
iii.,  69— Id.  ib.,  iv.,  25.— Suet,  Ner.,  1 '.)— 7.  (Sen.,Ep.t  132.- 
Contr.  Exc,  v.,  5.— Suet.,  Claud.,  10.) 


KOGSE. 


HOUSE. 


possess  an  hospitium,  or  rooms  expressly  for  the  re- 
ception of  guests,  they  appear  to  have  been  lodged 
in  rooms  attached  to  the  atrium.  (Vid.  Hospitium.) 
4.  A  small  room  with  a  staircase  leading  up  to  the 
upper  rooms.  5.  Alae.  6.  The  tablinum.  7.  The 
fauces.  8.  Peristyle,  with  Doric  columns  and  gar- 
den in  the  centre.  The  large  room  on  the  right  of 
the  peristyle  is  the  triclinium  ;  beside  it  is  the  kitch- 
en ;  and  the  smaller  apartments  are  cubicula  and 
other  rooms  for  the  use  of  the  family. 

The  next  woodcut  contains  the  ground-plan  of  an 
insula,  which  was  properly  a  house  not  joined  to 
the  neighbouring  houses  by  a  common  wall.1  An 
insula,  however,  generally  contained  several  separ- 
ate houses,  or,  at  least,  separate  apartments  or  shops, 
which  were  let  to  different  families  ;  and  hence  the 
term  domus  under  the  emperors  appears  to  be  ap- 
plied to  the  house  where  one  family  lived,  whether 
it  were  an  insula  or  not,  and  insula  to  any  hired 
lodgings.  This  insula  contains  a  house,  surrounded 
by  shops,  which  belonged  to  the  owner,  and  were 
let  out  by  him.  The  house  itself,  which  is  usually 
called  the  house  of  Pansa,  evidently  belonged  to 
one  of  the  principal  men  of  Pompeii.  Including  the 
garden,  which  is  a  third  of  the  whole  length,  it  is 
about  300  feet  long  and  100  wide. 

A.  Ostium,  or  entrance-hall,  paved  with  mosaic. 

B.  Tuscan  atrium.  I.  Impluvium.  C.  Chambers 
on  each  side  of  the  atrium,  probably  for  the  recep- 
tion of  guests.  D.  Ala.  E.  Tablinum,  which  is 
open  to  the  peristyle,  so  that  the  whole  length  of 
the  house  could  be  seen  at  once  ;  but  as  there  is  a 
passage  (fauces),  F,  beside  it,  the  tablinum  might 
probably  be  closed  at  the  pleasure  of  the  owner. 

C.  Chambers  by  the  fauces  and  tablinum,  of  which 
the  use  is  uncertain.  G.  Peristyle.  D.  Ala  to  the 
peristyle.  C.  Cubicula  by  the  side  of  the  peristyle. 
K.  Triclinium.  L.  CEcus,  and  by  its  side  there  is 
a  passage  leading  from  the  peristyle  to  the  garden. 
M.  Back  door  (posticum  ostium)  to  the  street.  N. 
Culina.  H.  Servants'  hall,  with  a  back  door  to  the 
street.  P.  Portico  of  two  stories,  which  proves 
that  the  house  had  an  upper  floor.  The  site  of  the 
staircase,  however,  is  unknown,  though  it  is  thought 
there  is  some  indication  of  one  in  the  passage,  M. 
Q.  The  garden.  R.  Reservoir  for  supplying  a 
iank,  S. 

The  preceding  rooms  belonged  exclusively  to 

Pansa's  house,  but  there  were  a  good  many  apart- 

■      — — — ^— -^— — ^—^— ^— — .^_ __  ^_^_^___— ^____-_— _ 

1.  (Festus,  s.  v.) 


ments  besides  in  the  insula  which  were  not  in  ma 
occupation,  a.  Six  shops  let  out  to  tenants.  Those 
on  the  right  and  left  hand  corners  were  bakers' 
shops,  which  contained  mills,  ovens,  &c,  at  b.  The 
one  on  the  right  appears  to  have  been  a  large  es- 
tablishment, as  it  contains  many  rooms,  c.  Two 
houses  of  a  very  mean  class,  having  formerly  an 
upper  story.  On  the  other  side  are  two  houses 
much  larger,  d. 

Having  given  a  general  description  of  the  rooms 
of  a  Roman  house,  it  remains  to  speak  of  the  (1) 
floors,  (2)  walls,  (3)  ceilings,  (4)  windows,  and  (5) 
the  mode  of  warming  the  rooms.  For  the  doors, 
vid.  Janua. 

(1.)  The  floor  {solum)  of  a  room  was  seldom 
boarded,  though  this  appears  to  have  been  some- 
times done  {strata  solo  tabulata1).  It  was  generally 
covered  with  stone  or  marble,  or  mosaics.  The 
common  floors  were  paved  with  pieces  of  bricks, 
tiles,  stones,  &c,  forming  a  kind  of  composition 
called  ruderatio.2  Another  kind  of  pavement  was 
that  called  opus  Signinum,  which  was  a  kind  of 
plaster  made  of  tiles  beaten  to  powder  and  tempered 
with  mortar.  It  derived  its  name  from  Signia,  a 
town  of  Italy,  celebrated  for  its  tiles.3  Sometimea 
pieces  of  marble  were  imbedded  in  a  composition 
ground,  which  appear  to  have  formed  the  floors 
called  by  Pliny  barbarica  or  subtegulanca,  and  which 
probably  gave  the  idea  of  mosaics.  As  these  floors 
were  beaten  down  (pavita)  with  rammers  (fistucce), 
the  word  pavimentum  became  the  general  name  tor 
a  floor.  The  kind  of  pavement  called  scalpturatum 
was  first  introduced  in  the  Temple  of  Jupiter  Capit- 


1.  (Stat.,  Sylv.,  I.,  v. 
E.  N.,  xxxv.,  40.) 


57.)— 2.  (Vitruv.,  -ii.,  1.)— 3.  (Plin., 
ftlQ 


HOUSE. 


HOUSE. 


olinus  after  the  beginning  of  the  third  Punic  war,  but 
became  quite  common  in  Rome  before  the  begin- 
ning of  the  Cimbric  war.1  Mosaics,  called  by  Pliny 
litkostrota   (hiOooTpuTa),  though   this  word  has  a 


Tli^IfSJfi1 


c3E 


iigfEiffp- 


^ucyvmme 


rr  ^re  extensive  meaning,  first  came  into  use  in  Sul- 
la's time,  who  made  one  in  the  Temple  of  Fortune 
at  Praeneste.a  Mosaic  work  was  afterward  called 
Afusivum  opus.3    The  floors  of  the  houses  at  Pom- 


peii are  frequently  composed  of  mosaics,  which  are 
usually  formed  of  black  frets  on  a  white  ground,  or 
white  ones  on  a  black  ground,  though  some  of  them 
are  in  coloured  marbles.  The  materials  of  which 
they  are  generally  formed  are  small  pieces  of  red 
and  white  marble  and  red  tile,  set  in  a  very  fine 
cement,  and  laid  upon  a  deep  bed  of  mortar,  which 
served  as  a  base.  The  three  examples  here  given, 
which  are  taken  from  houses  at  Pompeii,  will  con- 
vey a  general  idea  of  their  form  and  appearance. 


Mosaic  pavements,  however,  have  been  discover- 
ed at  Pompeii,  which  represent  figures  and  scenes 
of  actual  life,  and  are,  in  reality,  pictures  in  mosaic. 
One  of  the  most  beautiful  of  these  is  given  in  its 

1.  (Plin.,H.  N.,'xxxvi.,  61.)— 2.  (Id.,  xxxvi.,  64.)— 3.  (S|>ar- 
tian.,  Pescjn.  Nig.,  6.— Trebell.  Pollio,  Trig  int.  Tyrann.,  24.— 
Augustin.,  De  Civ.  Dei,  xvi.,  8.) 
.520 


original  colours  in  Gell's  Pompeiana,  2d  series, 
plate  xlv.  It  is  composed  of  very  fine  pieces  of 
glass,  and  represents  the  choragus,  or  master  of 
the  chorus,  instructing  the  actors  in  their  parts.  A 
still  more  extraordinary  mosaic  painting  was  dis- 
covered in  Pompeii  in  1831 :  it  is  supposed  to  rep 
resent  the  battle  of  Issus.1 

(2.)  The  inner  walls  (parietes)  of  private  rooms 
were  frequently  lined  with  slabs  of  marble,3  but 
were  more  usually  covered  by  paintings,  which  in 
the  time  of  Augustus  were  made  upon  the  walls 
themselves.  The  prevalence  of  this  practice  is  at- 
tested not  only  by  Pliny,3  but  also  by  the  circum- 
stance that  even  the  small  houses  in  Pompeii  have 
paintings  upon  their  walls.  The  following  woodcut, 
which  represents  the  side  of  a  wall  at  Pompeii,  is 
one  of  the  simplest  but  most  common  kind.  The 
compartments  are  usually  filled  with  figures. 


i  1 1 


Li 


SFi:        n " "   — 


m 


4 


m 


if 


*L<. 


l*§~^fSgn  i 


The  general  appearance  of  the  walls  may  be 
seen  from  the  woodcuts  at  p.  462,  518.  Subjects  of 
all  kinds  were  chosen  for  painting  on  the  walls,  as 
may  be  seen  by  a  reference  to  the  Museo  Borbonico, 
Gell,  Mazois,  &c*  The  colours  seem  usually  to 
have  been  laid  upon  a  dry  ground,  but  were  some- 
times laid  upon  it  wet,  as  in  the  modern  fresco 
painting  (colores  udo  tectorio  induccres).  The  walls 
also  appear  to  have  been  sometimes  ornamented 
with  raised  figures,  or  a  species  of  bas-relief  {typos 
in  tectorio  atrioli  includere6),  and  sometimes  with 
mosaics.7 

(3.)  The  ceilings  seem  originally  to  have  been  left 
uncovered,  the  beams  which  supported  the  roof  or 
the  upper  story  being  visible.  Afterward  planks 
were  placed  across  these  beams  at  certain  intervals, 
leaving  hollow  spaces,  called  lacunaria  or  laquearia, 
which  were  frequently  covered  with  gold  and  ivory, 
and  sometimes  with  paintings.8  There  was  an 
arched  ceiling  in  common  use,  called  Camara, 
which  is  described  in  a  separate  article. 

(4.)  The  Roman  houses  had  few  windows  (fenes- 
tra). The  principal  apartments,  the  atrium,  peri- 
style, &c,  were  lighted,  as  we  have  seen,  from 
above,  and  the  cubicula  and  other  small  rooms 
generally  derived  their  light  from  them,  and  not 
from  windows  looking  into  the  street.  The  rooms 
only  on  the  upper  story  seem  to  have  been  usually 
lighted  by  windows.9  Very  few  houses  in  Pompeii 
have  windows  on  the  ground-floor  opening  into  the 
street,  though  there  is  an  exception  to  this  in  the 
house  of  the  tragic  poet,  which  has  six  windows  on 
the  ground-floor.  Even  in  this  case,  however,  the 
windows  are  not  near  the  ground  as  in  a  modern 
house,  but  are  six  feet  six  inches  above  the  foot 
pavement,  which  is  raised  one  foot  seven  inches 
above  the  centre  of  the  street.  The  windows  are 
small,  being  hardly  three  feet  by  two  ;  and  at  the 
side  there  is  a  wooden  frame,  in  which  the  window 


HOUSE. 


HYACINTHIA. 


The  lower  part  of  the  wall  is  occupied  by  a  row  of 
red  panels  four  feet  and  a  half  high.  The  following 
woodcut  represents  part  of  the  wall,  with  apertures 
for  windows  above  it,  as  it  appears  from  the  street. 
The  tiling  upon  the  wall  is  modern,  and  is  only 
placed  there  to  preserve  it  from  the  weather. 


ncrr 


The  windows  appear  originally  to  have  been 
merely  openings  in  the  wall,  closed  by  means  of 
shutters,  which  frequently  had  two  leaves  (bifores 
fenestra1),  whence  Ovida  says, 

11  Pars  adaperta  fuit,  pars  altera  clausa  fenestra." 

They  are,  for  this  reason,  said  to  be  joined  when 
they  are  shut.3  Windows  were  also  sometimes 
covered  by  a  kind  of  lattice  or  trellis- work  {clathri), 
and  sometimes  by  network,  to  prevent  serpents  and 
other  noxious  reptiles  from  getting  in.* 

Afterward,  however,  windows  were  made  of  a 
transparent  stone,  called  lapis  specularis  (mica), 
which  was  first  found  in  Hispania  Citerior,  and  af- 
terward in  Cyprus,  Cappadocia,  Sicily,  and  Africa  ; 
out  the  best  came  from  Spain  and  Cappadocia.  It 
was  easily  split  into  the  thinnest  laminae,  but  no 
pieces  had  been  discovered,  says  Pliny,  above  five 
feet  long.5  Windows  made  of  this  stone  were  called 
specularia.6  Windows  made  of  glass  (vitrum)  are 
first  mentioned  by  Lactantius,7  but  the  discoveries 
at  Pompeii  prove  that  glass  was  used  for  windows 
under  the  early  emperors,  as  frames  of  glass  and 
glass  windows  have  been  found  in  several  of  the 
houses. 

(5.)  The  rooms  were  heated  in  winter  in  different 
ways ;  but  the  Romans  had  no  stoves  like  ours. 
The  cubicula,  triclinia,  and  other  rooms,  which  were 
intended  for  winter  use,  were  built  in  that  part  of 
the  house  upon  which  the  sun  shone  most ;  and  in 
the  mild  climate  of  Italy  this  frequently  enabled  them 
to  dispense  with  any  artificial  mode  of  warming  the 
rooms.  Rooms  exposed  to  the  sun  in  this  way 
were  sometimes  called  heliocamini*  The  rooms 
were  sometimes  heated  by  hot  air,  which  was  in- 
troduced by  means  of  pipes  from  a  furnace  below,9 
but  more  frequently  by  portable  furnaces  or  braziers 
(foculi),  in  which  coal  or  charcoal  was  burned. 
(  Vid.  woodcuts,  p.  148,  447.)  The  caminus  was  also 
a  kind  of  stove,  in  which  wood  appears  to  have 
been  usually  burned,  and  probably  only  differed  from 
the  foculus  in  being  larger  and  fixed  to  one  place.10 
It  has  been  a  subject  of  much  dispute  among  mod- 
ern writers,  whether  the  Romans  had  chimneys  for 
carrying  off  the  smoke.  From  many  passages  in 
ancient  writers,  it  certainly  appears  that  rooms  usu- 
ally had  no  chimneys,  hut  that  the  smoke  escaped 
through  the  windows,  doors,  and  openings  in  the 
roof;11  but  chimneys  do  not  appear  to  have  been 
entirely  unknown  to  the  ancients,12  as  some  are 


1.  (Ovid,  Ep.  ex  Pont.,  ITI.,  iii.,  5.)— 2.  (Amor.,  I.,  v.,  3.)— 3. 
(Hor.,  Carm.,  ii.,  25.)— 4.  (Flaut.,  Mil.,  II.,  iv.,  25.— Varro.  De 
Re  Rust.,  iii.,  7.)—  5.  (Plin.,  H.  N.,  xxxvi.,  45.)— 6.  (Sen.,  Ep., 
90.— Plin.,  Ep.,  ii.,  17.— Mart.,  viii.,  14.)— 7.  (De  Opif.  Dei,  8.) 
— S.  (Plin.,  Ep.,  ii  ,  17  —Dig.  8,  tit.  2,  s.  17.)— 9.  (Plin.,  Ep., 
n.,  17.— Sen.,  Ep.,  90.)— 10.  (Suet.,  Vitell.,  8.— Hor.,  Sat.,  I., 
v.,  81.)— 11.  (Vitruv.,vii.,3.— Hor.,  1.  c— Voss  ad  Virg.,  Georg., 
*U  242.)— 12.  (Becker's  Gallus,  i ,  p.  102  ) 
Uim 


said  to  have  been  found  in  the  ruins  of  ancieui 
buildings.1 

HYACI'NTHIA  ('TaKivdia),  a  great  national  fes- 
tival,  celebrated  every  year  at  Amyclae  by  the  Amy- 
claeans  and  Spartans.  The  ancient  writers  who 
mention  this  festival  do  not  agree  in  the  name  of 
the  divinity  in  whose  honour  it  was  held:  some 
say  that  it  was  the  Amyclaean  or  the  Carnean  Apol- 
lo ;  others,  that  it  was  the  Amyclaean  hero  Hyacin- 
thus ;  a  third  and  more  probable  statement  assigns 
the  festival  to  the  Amyclaean  Apollo  and  Hyacinthus 
together.  This  Amyclaean  Apollo,  however,  with 
whom  Hyacinthus  was  assimilated  in  later  times, 
must  not  be  confounded  with  Apollo,  the  national 
divinity  of  the  Dorians.2  The  festival  was  called 
after  the  youthful  hero  Hyacinthus,  who  evidently 
derived  his  name  from  the  flower  Hyacinth  (the 
emblem  of  death  among  the  ancient  Greeks),  and 
whom  Apollo  accidentally  struck  dead  with  a  quoit. 
The  Hyacinthia  lasted  for  three  days,  and  began  on 
the  longest  day  of  the  Spartan  month  Hecatom- 
beus  (the  Attic  Hecatombaeon3),  at  the  time  when 
the  tender  flowers,  oppressed  by  the  heat  of  the 
sun,  drooped  their  languid  heads.  On  the  first  and 
last  day  of  the  Hyacinthia  sacrifices  were  offered  to 
the  dead,  and  the  death  of  Hyacinthus  was  la- 
mented. During  these  two  days  nobody  wore  any 
garlands  at  the  repasts,  nor  took  bread,  but  only 
cakes  and  similar  things,  and  no  paeans  were  sung 
in  praise  of  Apollo  ;  and  when  the  solemn  repasts 
were  over,  everybody  went  home  in  the  greatest 
quiet  and  order.  This  serious  and  melancholy 
character  was  foreign  to  all  the  other  festivals  of 
Apollo.  The  second  day,  however,  was  wholly 
spent  in  public  rejoicings  and  amusements.  Amy- 
clae was  visited  by  numbers  of  strangers  {iravTjyvpt^ 
at-LoTioyog  kclI  fieydTin),  and  boys  played  the  cithara 
or  sang  to  the  accompaniment  of  the  flute,  and  cel- 
ebrated in  anapaestic  metres  the  praise  of  Apollo, 
while  others,  in  splendid  attire,  performed  a  horse- 
race in  the  theatre.  This  horserace  is  probably  the 
aydv  mentioned  by  Strabo.*  After  this  race  there 
followed  a  number  of  choruses  of  youths,  conducted 
by  a  ^opo7roi6f,5  in  which  some  of  their  national 
songs  (k7rLxvpia  notTJfiara)  were  sung.  During  the 
songs  of  these  choruses,  dancers  performed  some 
of  the  ancient  and  simple  movements  with  the  ac- 
companiment of  the  flute  and  the  song.  The  Spar- 
tan and  Amyclaean  maidens,  after  this,  riding  in 
chariots  made  of  wicker-work  {navadpa),  and  splen- 
didly adorned,  performed  a  beautiful  procession. 
Numerous  sacrifices  were  also  offered  on  this  day., 
and  the  citizens  kept  open  house  for  their  friends 
and  relatives  ;  and  even  slaves  wrere  allowed  to  en- 
joy themselves.6  One  of  the  favourite  meals  on 
this  occasion  was  called  Konig,  and  is  described  by 
Molpis7  as  consisting  of  cake,  bread,  meat,  raw 
herbs,  broth,  figs,  desert,  and  the  seeds  of  lupine. 
Some  ancient  writers,  when  speaking  of  the  Hya- 
cinthia, apply  to  the  whole  festival  such  epithets  as 
can  only  be  used  in  regard  to  the  second  day  ;  for 
instance,  when  they  call  it  a  merry  or  joyful  solem- 
nity. Macrobius8  states  that  the  Amyclaeans  wore 
chaplets  of  ivy  at  the  Hyacinthia,  which  can.  only 
be  true  if  it  be  understood  of  tfie  second  day.  The 
incorrectness  of  these  writers  is,  however,  in  some 
degree,  excused  by  the  fact  that  the  second  day 
formed  the  principal  part  of  the  festive  season,  as 
appears  from  the  description  of  Didymus,  and  as 

1.  (Winckelmann,  Schriften   uber  die  Herculanischen  Ent 
deckungen.— Hirt,  Geschichte  der  Baukunst. — Mazois,  Lea  Ru 
ines  de  Pompeii,  part  ii.,  Le  Palais  de  Scaunis. — Gell,  Poinpei- 
ana.  —  Pompei,  Lond.,   12mo,  1832.— Becker,  Gallus.— Schnei- 
der ad  Vitruv.)— 2.  (Miiller,  Orchom.,  p.  327.— Id.,  Dor.,  ii.,  8, 4 
15.) — 3.  (Hesych.,  s.  v.  rE*aro//(>£ws. — Manso,  Sparta,  iii.,  2,  p. 


201.)- 


(vi.,  p.  278.)—5.  (Xen.,  Agesil. 


17.)— 6.  (Didy- 


mus ap.  Athen.,  iv.,  p.  139.)— 7.  (ap.  A'hen.,  iv.,  p.  140  '—8 
(Saturn.,).,  18.) 

.     521 


HYBREOS  GRAPHE. 


HYDIIAULA. 


may  also  be  inferred  from  Xenophon,1  who  makes 
the  paean  the  principal  part  of  the  Hyacinthia.  The 
great  importance  attached  to  this  festival  by  the 
Amyclaeans  and  Lacedaemonians  is  seen  from  the 
fact  that  the  Amyclaeans,  even  when  they  had  ta- 
ken the  field  against  an  enemy,  always  returned 
home  on  the  approach  of  the  season  of  the  Hya- 
cinthia, that  they  might  not  be  obliged  to  neg- 
lect its  celebration,2  and  that  the  Lacedaemonians 
on  one  occasion  concluded  a  truce  of  forty  days 
with  the  town  of  Eira,  merely  to  be  able  to  return 
home  and  celebrate  the  national  festival  ;3  and  that, 
in  a  treaty  with  Sparta,  B.C.  421,  the  Athenians,  in 
order  to  show  th^ir  good- will  towards  Sparta,  prom- 
ised every  year  to  attend  the  celebration  of  the 
Hyacinthia.* 

♦HYACINTHUS  (vaKivdo c),  a  plant.  "  The  vd- 
klvOoc  of  the  poets,"  observes  Adams,  "  would  seem 
in  some  places  to  be  referable  to  the  Gladiolus  com- 
munis, and.  in  others  to  the  Delphinium  Ajacis,  or 
Larkspur.  Matthiolus  and  Sprengel  concur  in  hold- 
ing the  vaKivdoc.  of  Dioscorides  to  be  "the  Hyacin- 
thus  Orientalis.  The  '  Vaccinia?  of  Virgil  was  most 
probably  the  Delphinium  ajacis.  The  yparrrd  vdiciv- 
6og  of  Theocritus  was  no  doubt  the  same."5 

II.  A  precious  stone,  about  which  considerable 
doubt  prevails.  De  Laet  thinks  it  was  some  species 
of  Amethyst.6  Salmasius,  on  the  other  hand,  sup- 
poses it  to  have  been  our  Ruby,  which  the  Persians 
and  Arabians  still  call  Yacut,  a  name  derived  from 
vdtcivdog.  "This  name,  however,"  observes  Dr. 
Moore,  "  may  have  been  used  with  as  little  discrim- 
ination as  that  of  ruby  is  at  present,  to  designate 
several  very  different  minerals,  and  among  them 
may  be  some  that  are  still  called  Hyacinth  ;  as  sev- 
eral varieties  of  zircon,  and  the  Hyacinth  of  Com- 
postella,  a  red  ferruginous  quartz.  Jameson  enu- 
merates several  different  minerals  besides  zircon 
t'3  which  the  name  Hyacinth  has  been  applied ;  and 
he  appears  to  think  that  the  ancient  Hyacinth  was 
either  amethyst  or  sapphire."7 

*HYALOEIDES  (valoetdrjg),  a  precious  stone. 
Sir  J.  Hill  remarks,  that  it  had.  been  supposed  to  be 
the  Asteria,  the  Iris,  the  Lapis  specularis,  and  the 
Diamond.  All  that  he  can  determine  respecting  it 
is,  that  it  is  the  Astrios  of  Pliny.     (Vid.  Astrios.)3 

*HYALUS  (valog)  Glass.     (Vid.  Vitrum.) 

TBPEQS  rPA$H  (Mpeug  ypa<j>v).  This  action 
was  the  principal  remedy  prescribed  by  the  Attic  law 
for  wanton  and  contumelious  injury  to  the  person, 
whether  in  the  nature  of  indecent  (61  aiaxpovpyiag) 
or  other  assaults  (Sid  izlijyuv).  If  the  offence  were 
of  the  former  kind,  it  would  always  be  available 
when  the  sufferer  was  a  minor  of  either  sex  (for 
the  consent  of  the  infant  was  immaterial),  or  when 
an  adult  female  was  forcibly  violated  :  and  this  pro- 
tection was  extended  to  all  conditions  of  life,  wheth- 
er bond  or  free.9  The  legal  representative  (nvpiog), 
however,  of  such  person  might,  if  he  pleased,  con- 
sider the  injury  as  a  private  rather  than  a  public 
wrong,  and  sue  for  damages  in  a  civil  action.  ( Vid. 
BIAIQN  AIKH.)  With  respect  to  common  assaults, 
a  prosecution  of  this  kind  seems  to  have  been  al- 
lowable only  when  the  object  of  a  wanton  attack 
was  a  free  person,10  as  the  essence  of  the  offence 
lay  in  its  contumely,  and  a  slave  could  incur  no 
degradation  by  receiving  a  blow,  though  the  injury, 
if  slight,  might  entitle  the  master  to  recover  dam- 
ages for  the  battery  (alula),  or,  if  serious,  for  the 
loss  of  his  services  (vid.  BAABH2  AIKH),  in  a  pri- 

1.  (Xen.,  Hellen.,  iv.,  5,  §  11. — Compare  Agesil.,  2,  17.) — 2. 
(Xen.,  Hellen.,  iv.,  5,  $  11. — Paus.,  iii.,  10,  $  1.) — 3.  (Paus.,  iv., 
19,  <)  3.)— 4.  (Thucyd.,  v.,  23.)— 5.  (II.,  xiv.,  318.— Theocrit.,  Id., 
x. — Theop'nrast.,  H.  P.,  vi.,  8. — Dioscor.,  iv.,  63. — Adams,  Ap- 
pend., s.  v.) — 6.  (Adams,  Append.,  s.  v.) — 7.  (Mi  ore's  Anc.  Min- 
eralogy, p.  169.) — 8.  (Adams,  Append.,  s.  v.^  —9.  (Oemosth.,  c. 
Weid.,  529,  15.)— 10.  (Aristot.,  Rhet.,  ii.,  24.) 
52?. 


vate  lawsuit.1  These  two  last-mentioned  action* 
might  also  be  resorted  to  by  a  free  citizen  when 
similarly  outraged  in  his  own  person,  if  he  were 
more  desirous  of  obtaining  compensation  for  the 
wrong,  than  the  mere  punishment  of  the  wrong- 
doer, as  the  penalty  incurred  by  the  defendant  in 
the  public  prosecution  accrued  to  the  state,  and  not 
to  the  plaintiff.  A  fine  also  of  a  thousand  drachmas, 
forfeited  by  the  prosecutor  upon  his  relinquishing 
his  suit  or  failing  to  obtain  the  votes  of  a  fifth  of 
the  dicasts,  may  have  contributed  to  render  causes 
of  this  kind  less  frequent,  and  partly  account  for 
the  circumstance  that  there  are  no  speeches  extant 
upon  this  subject.  If,  however,  the  case  for  the 
prosecution  was  both  strong  and  clear,  the  redress 
afforded  by  the  public  action  was  prompt  and  effi- 
cient. Besides  the  legitimate  protectors  of  women 
and  children,  any  Athenian  citizen,  in  the  enjoy- 
ment of  his  full  franchise,  might  volunteer  an  ac- 
cusation :  the  declaration  was  laid  before  the  thes 
mothetae,  who,  except  it  were  hindered  by  extraor 
dinary  public  business,  were  bound  not  to  defer  the 
trial  before  the  Heliaea  beyond  a  month.  The  se- 
verity of  the  sentence  extended  to  confiscation  or 
death  ;  and  if  the  latter  were  awarded,  the  crimi 
nal  was  executed  on  the  same  day :  if  a  fine  were 
imposed  upon  him,  he  was  allowed  but  a  period  of 
eleven  days  for  its  payment,  and  if  the  object  of 
his  assault  were  a  free  person,  he  was  imprisoned 
till  the  claim  of  the  state  was  liquidated.3 

*HYDRARG/YRUS  (vdpdpyvpoc).  Quicksilver 
is  first  spoken  of  by  Aristotle  and  Theophrastus 
under  the  name  of  fluid  silver  (dpyvpog  xVTog).  ltd 
nature,  however,  as  Dr.  Moore  remarks,  does  not 
seem  to  have  been  much  understood  even  four  cen- 
turies later  ;  for  Pliny  distinguishes  between  quick- 
silver, "  Argentum  vivum,"  and  the  liquid  silver, 
Hydrargyrus,  procured,  by  processes  which  he  de* 
scribes,  from  minium,  or  native  cinnabar. 

HYDRAULA  (idpavlrjc),  an  Organist.  Accord- 
ing to  an  author  quoted  by  Athenaeus,3  the  first  or- 
ganist was  Ctesibius  of  Alexandrea,  who  lived  about 
B.C.  200.  He  evidently  took  the  idea  of  his  organ 
from  the  Syrinx  or  Pandean  pipes,  a  musical  in- 
strument of  the  highest  antiquity  among  the  Greeks. 
His  object  being  to  employ  a  row  of  pipes  of  great 
size,  and  capable  of  emitting  the  most  powerful  as 
well  as  the  softest  sounds,  he  contrived  the  means 
of  adapting  keys  with  levers  (dyKuvlcntoi),  and  with 
perforated  sliders  (tcu/wuto),  to  open  and  shut  the 
mouths  of  the  pipes  (yXuaaoico/ia),  a  supply  of  wind 
being  obtained,  without  intermission,  by  bellows,  in 
which  the  pressure  of  water  performed  the  same 
part  which  is  fulfilled  in  the  modern  organ  by  a 
weight.  On  this  account,  the  instrument  invented 
by  Ctesibius  was  called  the  water-organ  (v6pavlig  * 
vdpavlLKov  bpydvov*).  Its  pipes  were  partly  of 
bronze  (xo^keltj  dpovpa  ;6  seges  aena"1),  and  partly  of 
reed.  The  number  of  its  stops,  and,  consequently, 
of  its  rows  of  pipes,  varied  from  one  to  eight,8  so 
that  Tertullian9  describes  it  with  reason  as  an  ex- 
ceedingly complicated  instrument.  It  continued  in 
use  so  late  as  the  ninth  century  of  our  era :  in  the 
year  826,  a  water-organ  was  erected  by  a  Venetian 
in  the  church  of  Aquis-granum,  the  modern  Aix-la  ■ 
Chapelle.10 

The  organ  was  well  adapted  to  gratify  the  Ro- 
man  people  in  the  splendid  entertainments  provided 
for  them  by  the  emperors  and  other  opulent  persons. 

1.  (Me;«r,  Att.  Proc,  326.)— 2.  (Demosth.,  1.  c— ^schin.,  c. 
Tim.,  4U— 3.  (iv.,  75.— Compare  Plin.,  H.  N.,  vii.,  38.)— 4. 
(Athen.,  X  c.) — 5.  (Hero,  Spirit. — Vitruv.,  ac.,  13. — Schneider, 
ad  loc. — Drieberg,  die  Pneum.  Erfindungen  der  Griechen,  p.  53-» 
61.— Plin.,  H.  N.,  ix.,  8.— Cic,  Tusc,  iii.,  18.)— 6.  (Jul.  Imp. 
in  Brunck's  Anal.,  ii.,  403.)  —  7.  (Claud.,  De  Mali.  Theed. 
Cons.,  316.)— 8.  (Vitruv.,  1.  c.)— 9.  (De  Anima,  14.)— 10.  (Quis, 
MCinster  Kirche  in  Aachen,  p.  14.) 


HYPOSCYAMUS. 


HYPOBOLES  GRAPHE. 


Norn  was  veiy  curious  about  orgar.s,  both  in  regard 
to  their  musical  effect  and  their  mechanism.1  A 
contormate  coin  of  this  emperor  in  the  British  Mu- 
seum (see  woodcut)  shows  an  organ  with  a  sprig  of 


laurel  on  one  side,  and  a  man  standing  on  the  other, 
who  may  have  been  victorious  in  the  exhibitions 
of  the  circus  or  the  amphitheatre.  It  is  probable 
that  these  medals  were  bestowed  upon  such  victors, 
and  that  the  organ  was  impressed  upon  them  on  ac- 
count of  its  introduction  on  such  occasions.2  The 
general  form  of  the  organ  is  also  clearly  exhibited 
in  a  poem  by  Publilius  Optatianus,  describing  the 
instrument,  and  composed  of  verses  so  constructed 
&s  to  show  both  the  lower  part  which  contained  the 
bellows,  the  wind-chest  which  lay  upon  it,  and  over 
this,  the  row  of  26  pipes.  These  are  represented  by 
26  lines,  which  increase  in  length  each  by  one  let- 
ter, until  the  last  line  is  twice  as  long  as  the  first.3 

HYDRIAPHORTA  (vdpta<popta)  was  one  of  the 
services  which  aliens  ((ietolkol)  residing  at  Athens 
had  to  perform  to  the  Athenians  at  the  Panathensea, 
and  by  which  it  was  probably  only  intended  to  im- 
press upon  them  the  recollection  that  they  were 
mere  aliens,  and  not  citizens.  The  hydriaphoria 
A'as  performed  only  by  the  wives  of  aliens,*  where- 
as their  daughters  had  on  the  same  occasion  to  per- 
form the  oKLadr/tiopia  (the  carrying  of  parasols)  to 
the  Athenian  maidens,  and  their  husbands  the  ona- 
<l>rj$opia  (the  carrying  of  vessels5).  It  is  clear,  from 
the  words  of  ^Elian,  that  these  humiliating  services 
were  not  demanded  of  the  aliens  by  the  laws  of  So- 
lon, but  that  they  were  introduced  at  a  later  pe- 
riod.6 The  hydriaphoria  was  the  carrying  of  a  ves- 
sel with  water  (i<Spia7),  which  service  the  married 
alien  women  had  to  perform  to  the  married  part  of 
the  female  citizens  of  Athens,  when  they  walked  to 
the  Temple  of  Athena  in  the  great  procession  at  the 
Panathenaea.8 

♦'TAHMA.  TI  (vlrjud  rt,  tradnTiKov).  Under  this 
name,  as  Stackhouse  remarks,  Theophrastus  de- 
scribes the  Mimosa  scnsitiva,  L.,  or  Sensitive  Plant.9 

HYLO'ROI  or  HYLEO'ROI  (vlupot  or  vlr}upoi) 
is  explained  by  Hesychius10  as  officers  who  had  the 
superintendence  of  forests  (vXrjv  tyvfaiccuv11).  Aris- 
totle,18 who  divides  all  public  officers  into  three 
classes  (apxai,  eTTt/j.e'k^Tat,  and  vKepirai),  reckons 
the  v?Mpol  among  the  kTcijuelrjTai,,  and  says  that 
by  some  they  were  called  dypovuuot.  They  seem 
to  have  been  a  kind  of  police  for  the  protection  of 
the  forests,  similar  to  the  German  forster.  But  the 
exact  nature  of  their  office,  or  the  particular  Greek 
states  where  it  existed,  are  unknown. 

*HYOSCY'AMUS  (vocKvapoc),  a  poisonous  herb, 
Henbane.    Three  species  are  described  by  Dioscor- 

1.  (Sueton.,  Ner.,  41,  54.) — 2.  (Havercamp,  De  Num.  con- 
torniatis.)— 3.  (Wernsdorf,  Poet.  Lat.  Min.,  v.  ii.,  p.  394-413.) 
—4.  (Pollux,  Onom.,  iii.,  55.)— 5.  (Vid.  JSlian,  V.  H.,  vi.,  1, 
with  Perizonius's  notes.  —  Harpocrat.,  s.  v.  2,Ka<prj<j)opoi.) — 6. 
(Wachsmuth,  Hellen.  Alterth.,  I.,  i.,  p.  250,  &c— Petitus,  Leg. 
Att.,  p.  95.)— 7.  (Aristoph.,  Eccles.,  738.)— 8.  (Compare  Meur- 
uns,  Panathenaica,  c.  21.)— 9.  (Theophrast.,  H.  P.,  iv.,  3.)— 10. 
(s  v.)— 11.  (Compare  Suidas,  s.  v.)— 12.  (Polit.,  vi .  5.) 


ides,  which  Sprengel  makes  to  be  the  Hyoscyamus 
reticulatus,  H.  aureus,  and  H.  albus.  "Upon  whai 
grounds  he  rejects  the  H.  nigcr,"  observes  Adams, 
"  as  applying  to  the  first  species,  I  am  at  a  loss  to 
comprehend.  «The  H.  nigcr  now  grows  wild  in 
Britain  ;  but,  considering  the  situations  in  which  it 
is  found,  I  am  disposed  to  think  that  it  was  brought 
thither  by  the  Romans."1 

HYPEREMEROS.     (Vid.  Enechyra.) 

HYPERESIA.     (Vid.  Hyperetes.) 

HYPE'RETES  (inrypervc).  This  word  is  derived 
from  kpiaau,  hpirrj^,  and,  therefore,  originally  signi- 
fies a  rower  ;  but  in  later  times  the  word  was,  with 
the  exception  of  the  soldiers  or  marines,  applied  to 
the  whole  body  of  persons  who  performed  any  ser- 
vice in  a  vessel.2  In  a  still  wider  sense,  visvpitTiq 
was  applied  to  any  person  who  acted  as  the  assist  • 
ant  of  another,  and  performed  manual  labour  for 
him,  whether  in  sacred  or  profane  things,3  whence 
the  word  is  sometimes  used  as  synonymous  with 
slave.*  Hence,  also,  the  name  vixyphai  was  some 
times  given  to  those  men  by  whom  the  hoplitse  were 
accompanied  when  they  took  the  field,  and  who  car- 
ried the  luggage,  the  provisions,  and  the  shield  of 
the  hoplitee.8  The  more  common  name  for  this  ser 
vant  of  the  hoplitae  was  cKevo^opog. 

At  Athens  the  name  vTryperrjc,  or  the  abstract 
VTrrjpeoia,  seems  to  have  been  applied  to  a  whole 
class  of  officers.  Aristotle6  divides  all  public  offices 
into  three  classes  :  upxai  or  magistracies,  kinfii'keiai 
or  administrations,  and  vTvypeaiat  or  services.  Now 
all  public  officers  at  Athens,  in  as  far  as  they  were 
the  representatives  of  the  people  or  the  executors  of 
its  will,  were  appointed  by  the  people  itself  or  by 
the  senate  ;  and  with  the  exception  of  some  sub- 
altern military  officers,  we  never  find  that  one  pub- 
lie  officer  was  appointed  by  another.  A  public  offi- 
cer, therefore,  when  he  appointed  another  person  to 
perform  the  lower  or  more  mechanical  parts  of  his 
office,  could  not  raise  him  to  the  rank  of  a  public 
officer,  but  merely  engaged  him  as  his  servant  (vrtr)- 
piTTje),  and  on  his  own  responsibility.  These  vrnj- 
perai,  therefore,  were  not  public  officers,  properly 
speaking,  but  only  in  as  far  as  they  took  a  part  in 
the  functions  of  such  officers.  The  original  and 
characteristic  difference  between  them  and  real  pub- 
lic officers  was,  that  the  former  received  salaries, 
while  the  latter  had  none.  Among  the  vitriptrai 
were  reckoned  the  lower  classes  of  scribes  (vid. 
Grammateus),  heralds,  messengers,  the  ministers 
of  the  Eleven,  and  others.  This  class  of  persons, 
as  might  be  supposed,  did  not  enjoy  any  high  de- 
gree of  estimation  at  Athens,7  and  from  Aristotle8 
it  is  clear  that  they  were  not  always  Athenian  citi- 
zens, but  sometimes  slaves. 

"HYPERICUM  (virepucov),  a  species  of  Saint 
John's  Wort,  but  there  is  some  difficulty  in  deter- 
mining to  what  particular  species  it  belongs.  Sib- 
thorp  prefers  the  H.  crispum;  Sprengel  the  barbatum, 
Jacqu.9 

HYPEROON.     (Vid.  House,  Greek,  p.  515.) 

HYPEUTHYNUS  (virevdvvog).    (Vid.  Euthyne.) 

'YITOBOAH2  TPA<PH  (vno6olfig  ypa^v).  Of  this 
action  we  learn  from  the  Lex.  Rtiet.  that  it  was  one 
of  the  many  institutions  calculated  to  preserve  the 
purity  of  Attic  descent,  and  preferred  against  per- 
sons suspected  of  having  been  supposititious  chil- 
dren. If  this  fact  was  established  at  the  trial,  the 
pretended  citizen  was  reduced  to  slavery,  and  his 
property  confiscated. 

1.  (Dioscor.,  iv.,  69. — Adams,  Append.,  s.  v.)  —  2.  (Thucyd., 
vi.,  31,  with  Goller's  note.— Demosth.,  c.  Polycl.,  p.  1214,  1216, 
&c  —  Polyb.,  v.,  109.)  — 3.  (Pollux,  Onom.,  i.,  1,  16.  — Id.  ib., 
viii.,  10.)— 4.  (Clitarchus  ap.  Athen..  vi.,  p.  267. — Compare  Pol. 
lux,  vii.,  8,  2. — Hesych.,  s.  v.) — 5.  (fiockh,  Staatsh.,  i.,  p.  292. 
— Xen.,  Cyrop.,  ii.,  1,  31.)— 6.  (Polit.,  vi.,  5.)— 7.  (Pollux 
Onom.,  vi.,  31.)— 8.  (Polit.,  iv.,  12.)— 9.  (Dioscor.,  iii.,  161.) 

523 


HYSTRIX. 


TANUA. 


HYPOCAUSTUM.     (Vid.  Baths,  p.  151.) 

HYPODEMA.     (Vid.  Calceus.) 

HYPOGE'UM.     (Vid.  Conditorium.) 

♦HYPOGLOSSON  ( vnoyloaoov  \  a  plant,  the 
Ruscus  hypoglossum,  according  to  Matthiolus  and 
Sprengel.1 

HYPOGRAMMATEUS.     (Vid.  Grammateus.) 

*HYPOLA'IS  (vTrolaic),  a  bird  mentioned  by  Ar- 
istotle, and  the  name  of  which  Gaza  translates  into 
Latin  by  Curuca.  Gesner  inclines  to  the  opinion 
that  it  is  the  Titlark,  or  Anthus  pratensis,  Bechstein  2 

HYPOMOSIA.  (Vid.  Diaitetai,  p.  354;  Dice, 
p  358.) 

HYPORCHE'MA  (v7r6pXVf*a)  was  a  lively  kind  of 
mimic  dance  which  accompanied  the  songs  used  in 
the  worship  of  Apollo,  especially  among  the  Dorians. 
It  was  performed  by  men  and  women.3  A  chorus 
of  singers  at  the  festivals  of  Apollo  usually  danced 
around  the  altar,  while  several  other  persons  were 
appointed  to  accompany  the  action  of  the  song  with 
an  appropriate  mimic  performance  (viropxelodat). 
The  hyporchema  was  thus  a  lyric  dance,  and  often 
passed  into  the  playful  and  comic,  whence  Athenae- 
us*  compares  it  with  the  cordax  of  comedy.  It  had, 
according  to  the  supposition  of  Muller,  like  all  the 
music  and  poetry  of  the  Dorians,  originated  in 
Crete,  but  was  at- an  early  period  introduced  in  the 
island  of  Delos,  where  it  seems  to  have  continued 
to  be  performed  down  to  the  time  of  Lucian.5  A 
similar  kind  of  dance  was  the  yipavoq,  which  The- 
seus, on  his  return  from  Crete,  was  said  to  have 
performed  in  Delos,  and  which  was  customary  in 
this  island  as  late  as  the  time  of  Plutarch.6  The 
leader  of  this  dance  was  called  yepavovXtcog.7  It 
was  performed  with  blows,  and  with  various  turn- 
ings and  windings  (kv  pvdfiiJ  Trepteli^eic  not  uveli^ecc 
exovrt),  and  was  said  to  be  an  imitation  of  the  wind- 
ings of  the  Cretan  labyrinth.  When  the  chorus  was 
£t  rest,  it  formed  a  semicircle,  with  leaders  at  the 
two  wings.8 

The  poems  or  songs  which  were  accompanied  by 
the  hyporchern  were  likewise  called  hyporchemata. 
The  first  poet  to  whom  such  poems  are  ascribed 
was  Thaletas  ;  their  character  must  have  been  in 
accordance  with  the  playfulness  of  the  dance  which 
bore  the  same  name,  and  by  which  they  were  ac- 
companied. The  fragments  of  the  hyporchemata 
of  Pindar  confirm  this  supposition,  for  their  rhythms 
are  peculiarly  light,  and  have  a  very  imitative  and 
graphic  character.9  These  characteristics  must 
have  existed  in  a  much  higher  degree  in  the  hypor- 
chematic  songs  of  Thaletas.10 

HYPOTHE'CA.     (Vid.  Pignus.) 

HYPOTHECARIA  ACTIO.     (Vid.  Pignus.) 

HYPOTIME'SIS.     (Vid.  Census.) 

*HYS(t>f).     (Vid.  Sus.) 

*HYSSO'PUS  (vccuirog),  the  Hyssop.  "  Consid- 
erable doubts  have  been  entertained,"  says  Adams, 
"  whether  the  ancient  Hyssop  was  the  same  as  the 
modern.  Sprengel  is  disposed  to  hold  the  Origanum 
JEgyptiacum  as  being  the  vaownoc  of  the  Greeks. 
However,  Matthiolus,  Cordus,  Fuchsius,  and  most 
of  the  older  authorities,  with  the  exception  of  Bau- 
hin,  refer  it  to  the  H.  officinalis.  It  is  worthy  of  re- 
mark, that  the  medicinal  powers  of  the  Hyssop,  as 
given  by  Dr.  Hill,  agree  exactly  with  those  of  the 
haauTTor  as  given  by  Dioscorides.  This  appears  to 
me  a  strong  presumption  of  their  identity."11 

♦HYSTRIX  (vorpiZ),  the  Crested  Porcupine,  or 

1.  (Dioscor.,  iv.,  130. — Adams,  s.  v.) — 2.  (Aristot.,  H.  A.,  vi., 
7. — Adams,  Append.,  s.  v.)— 3.  (Athen.,  xiv.,  p.  631.) — 4.  (xiv., 
B.  630.) — 5.  (Athen.,  i.,  p.  15. — Lucian,  De  Saltat.,  16.  —  Com- 
pare MuDer,  Dor.,  ii.,  8,  v  14.)  —  6.  (Thes.,  21.)  —  7.  (Hesych., 
,.  v.)— 8.  (Pollux,  Onom.,  iv.,  101.)— 9.  (Bc'ickh,  De  Metr.  Pind., 
p.  201,  &c,  and  p.  270.)  —  10.  (Muller,  Hist,  of  Gr.  Lit.,  i.,  p. 
23,  &c,  compared  with  p.  160.) — 11.  (Dioscor.,  iii.,  27. — Adams, 
Append.,  s.  v.) 
524 


Hystrix  cristata,  Ii.  The  belief  entertained  in  both 
ancient  and  modern  times,  that  the  Porcupine  darta 
out  its  quills  when  irritated,  would  appear  to  be  foi 
the  most  part  founded  in  mistake  or  imagination. 
The  truth  of  the  matter  is,  that,  when  frightened, 
many  of  its  quills  drop  out.  It*  is  supposed  to  bo 
the  Kephod  of  Scripture.1 

I.  J. 

JA'CULUM.     (Vid.  Hasta,  p.  489.) 

JA'NITOR.     (Vid.  Janua,  p.  527.) 

JANUA  (&vpa),  a  Door.  Besides  being  applica> 
ble  to  the  doors  of  apartments  in  the  interior  of  a 
house,  which  were  properly  called  ostia*  this  term 
more  especially  denoted  the  first  entrance  into  tha 
house,  i.  c,  the  front  or  street  door,  which  was  als« 
called  anticum,3  and  in  Greek  -&vpa  avheioc.,  avktia^ 
avkioq,  or  avlia*  The  houses  of  the  Romans  com- 
monly had  a  back  door,  called  posticum,  postica,  01 
posticula,*  and  in  Greek  -napadvpa,  dim.  izapadvpiov, 
Cicero6  also  calls  it  pseudothyron,  "  the  false  door," 
in  contradistinction  to  janua,  the  front  door ;  and, 
because  it  often  led  into  the  garden  of  the  house,'1 
it  was  called  the  garden- door  (unrcala*). 

The  doorway,  when  complete,  consisted  of  foui 
indispensable  parts  ;  the  threshold  or  sill ;  the  lin- 
tel ;  and  the  two  jambs. 

The  threshold  (limen,  firjloe,  ovdac)  was  the  ob- 
ject of  superstitious  reverence,  and  it  was  thought 
unfortunate  to  tread  on  it  with  the  left  foot.  On 
this  account,  the  steps  leading  into  a  temple  were 
of  an  uneven  number,  because  the  worshipper,  after 
placing  his  right  foot  on  the  bottom  step,  would  then 
place  the  same  foot  on  the  threshold  also.9  Of  this 
an  example  is  presented  in  the  woodcut,  p.  61. 

The  lintel  (jugumentum,19  super cilium11)  was  also 
called  limen,1*  and  more  specifically  limen  superum, 
to  distinguish  it  from  the  sill,  which  was  called  li- 
men inferum.x%  Being  designed  to  suppoit  a  super- 
incumbent weight,  it  was  generally  a  single  piece, 
either  of  wood  or  stone.  Hence  those  lintels  which 
still  remain  in  ancient  buildings  astonish  us  by  their 
great  length.  In  large  and  splendid  edifices,  the 
jambs  or  door-posts  (pastes,  oTadp.oi)  were  made  to 
converge  towards  the  top,  according  to  certain  rules 
which  are  given  by  Vitruvius.1*  In  describing  the 
construction  of  temples,  he  calls  them  antepagmenta, 
the  propriety  of  which  term  may  be  understood  from 
the  ground- plan  of  the  door  at  p.  215,  where  the 
hinges  are  seen  to  be  behind  the  jambs.  This  plan 
may  also  serve  to  show  what  Theocritus  means  by 
the  hollow  door-posts  {craBfia  Kolla  -Qvpauv1*).  In 
the  Augustan  age  it  was  fashionable  to  inlay  the 
posts  with  tortoise-shell.16  Although  the  jamb  was 
sometimes  nearly  twice  the  length  of  the  lintel,  it 
was  made  of  a  single  stone,  even  in  the  largest  edi- 
fices. A  very  striking  effect  was  produced  by  the 
height  of  these  doorways,  as  well  as  by  their  costly 
decorations,  beautiful  materials,  and  tasteful  propor 
tions. 

The  door  in  the  front  of  a  temple,  as  it  reached 
nearly  to  the  ceiling,  allowed  the  worshippers  to 
view  from  without  the  entire  statue  of  the  divinity, 
and  to  observe  the  rites  performed  before  it.  Also, 
the  whole  light  of  the  building  was  commonly  ad- 


1.  (Aristot.,  H.  A.,  viii.,  19.— Oppian,  Cyneg.,  iii.,  391.  — Ad 
ams,  Append.,  s.  v.)  —  2.  (Isid.,  Orig.,  xv.,  7.  —  Virg.,  JEn.,  vi., 
43,  81.)— 3.  (Festus,  s.  v.) — 4.  (Od.,  xxiii.,  49.— Pind.,  Nem..  i., 
19— Menand.,  p.  87,  ed.  Mein. — Harpocrat.,  s.  v.  —  Theophr., 
Char.,  18.— Theocrit.,  xv.,  43.—  Charit.,  i.,  2.— Herodian,  ii.,  1.) 
—5.  (Festus.  s.v.— Hor.,  Epist.,  I.,  v.,  31. — Apul.,  Met.,  ii.,  9.-  • 
Plaut.,  Most'.,  III.,  iii.,  27.— Suet.,  Claud  ,  18  )— 6.  (Post.  Red., 
6.)— 7.  (Plaut.,  Stich.,  III.,  i.,  40-44.)— 8.  ( Her  mi  pp.  ap.  Athen., 
XVm  6.)— 9.  (Vitruv.,  iii.,  4.)— 10.  (Cato,  De  Re  Rust.,  14.)— 11. 
(Vitruv.,  iv.,  6.)— 12.  (Juv.,  vi.,  227.)— 13.  (Plaut.,  Merc,  V., 
i„  1.)— 14  (1.  c.)— 15.  (Idyll.,  xxiv.,  15.)— 16.  (Virg.,  Georg.,ii* 
463.) 


JAJMUA. 


JAN  LA 


mitKsd  through  the  same  aperture.  These  circum- 
stances are  illustrated  in  the  accompanying  wood- 
cut, showing  the  front  of  a  small  Temple  of  Jupiter, 


taken  from  a  bas-relief.1  The  term  antepagmentum, 
which  has  heen  already  explained,  and  which  was 
applied  to  the  lintel  as  well  as  the  jambs  (antepag- 
ncntum  superius*),  implies  that  the  doors  opened  in- 
ward. This  is  clearly  seen  in  the  same  woodcut, 
and  is  found  to  be  the  construction  of  all  ancient 
buildings  at  Pompeii  and  other  places.  In  some  of 
these  buildings,  as,  for  example,  in  that  called  "the 
house  of  the  tragic  poet,"  even  the  marble  thresh- 
old rises  about  an  inch  higher  than  the  bottom  of 
the  door,3  so  that  the  whole  frame  of  the  door  was 
in  every  part  behind  the  door-case.  After  the  time 
of  Hippias,  the  street-doors  were  not  permitted  to 
open  outwardly  at  Athens,*  and  hence  evdovvai. 
meant  to  open  the  door  on  coming  in,  and  emoira- 
aacrdat  or  efalKvoaodai  to  shut  it  on  going  out.  In 
a  single  instance  only  were  the  doors  allowed  to 
open  outwardly  at  Rome  ;  an  exception  was  made 
as  a  special  privilege  in  honour  of  Marcus  Valerius.6 
The  lintel  of  the  oblong  door-case  was,  in  all  large 
and  splendid  buildings,  such  as  the  great  temples, 
surmounted  either  by  an  architrave  and  cornice,  or 
by  a  cornice  only.  As  this  is  not  shown  in  the  bas- 
relief  above  introduced,  an  actual  doorway,  viz., 
that  of  the  Temple  of  Hercules  at  Cora,  is  here 
added.  Above  the  lintel  is  an  architrave,  with  a 
Latin  inscription  upon  it,  and  above  this  a  project- 
ing cornice,  supported  on  each  side  by  a  console, 
which  reaches  to  a  level  with  the  bottom  of  the 
lintel.  The  top  of  the  cornice  (corona  summed)  co- 
incided in  height  with  the  tops  of  the  capitals  of  the 
columns  of  the  pronaos,  so  that  the  doorway,  with 
its  superstructure,  was  exactly  equal  in  height  to 
the  columns  and  the  Ant^e.  This  superstruction 
was  the  hyperthyrum  of  Vitruvhis,7  and  of  the  Greek 
architects  whom  he  followed.  The  next  woodcut 
shows  one  of  the  two  consoles  which  support  the 
cornice  of  a  beautiful  Ionic  doorway  in  the  Temple 
of  Minerva  Folias  at  Athens.  In  the  inscription  re- 
lating to  the  building  of  that  temple,  which  is  now 
in  the  Elgin  collection  of  the  British  Museum,  the 
object  here  delineated  is  called  ovc.  tcj  vTrepdvpu. 
Other  Greek  names  for  it,  used  by  Vitruvius,8  are 

1.  (Mem.  Matt.,  V.,  iii.,  Tab.  39.)— 2.  (Vitruv.,  iv.,  6,  1.)— 3. 
(Gell's  Pompeiana,  2d  ser.,  i.,  p.  144.)— 4.  (Becker,  Charikles, 
i.,  p.  189,  200.)— 5.  (Plut.,  Poplic— Schneider  in  Vitruv.,  iv.,  6, 
6.)— 6.  (Vjtruv.  iv.,  6,  1.)— 7.  (1.  c.)— 8.  (iv.,  6,  4  ) 


pnrotis  and  ancon,  literally  a  "side-ear"  and  "an 
elbow."  The  use  of  consoles,  or  trusses,  in  this 
situation,  was  characteristic  of  the  Ionic  style  of 
architecture,  being  never  admitted  in  the  Doric. 
It  is  to  be  observed  that  Homer,1  Hesiod,9  and  He- 
rodotus3 use  the  term  VTzepdvpov,  or  its  diminutive 
vTTi-pdvpiov,  to  include  the  lintel.  Upon  some  part 
of  the  hyperthyrum  there  was  often  an  inscription, 
recording  the  date  and  occasion  of  the  erection,  as 
in  the  case  of  the  Temple  of  Hercules  above  repre- 
sented, or  else  merely  expressing  a  moral  senti- 
ment, like  the  celebrated  "  Know  thyself"  upon  the 
temple  at  Delphi. 

The  door  itself  was  called  foris  or  valva,  and  in 
Greek  caviq;,  nlio'iac.,  or  ftvperpov.  These  words 
are  commonly  found  in  the  plural,  because  the  door- 
way of  every  building  of  the  least  importance  con- 
tained two  doors  folding  together,  as  in  all  the  in- 
stances already  referred  to.  When  foris  is  used  in 
the  singular,  we  may  observe  that  it  denotes  one  of 
the  folding  doors  only,  as  in  the  phrase  foris  crepuit, 
which  occurs  repeatedly  in  Plautus,  and  describes 
the  creaking  of  a  single  valve,  opened  alone  and 
turning  on  its  pivots.  Even  the  internal  doors  of 
houses  were  bivalve  ;*  hence  we  read  of  "  the  fold- 
ing-doors of  a  bedchamber"  (fores  cubiculi;*  oavl- 
<Jec  ev  apapvlai  ;6  irvlai  dnrlaV).  But  in  every  case 
each  of  the  two  valves  was  wide  enough  to  allow 
persons  to  pass  through  without  opening  the  other 
valve  also.  Even  each  valve  was  sometimes  dou- 
ble, so  as  to  fold  like  our  window-shutters  (duplice* 
complicabilesque9).  The  mode  of  attaching  doors  to 
the  doorway  is  explained  under  the  article  Cardo. 

The  remaining  specimens  of  ancient  doors  are  alii 
of  marble  or  of  bronze  ;  those  made  of  wood,  which 
was  by  far  the  most  common  material,  have  perish- 
ed. The  door  of  a  tomb  at  Pompeii9  is  made  of  a 
single  piece  of  marble,  including  the  pivots,  whicl» 
were  encased  in  bronze,  and  turned  in  sockets  o? 
the  same  metal.  It  is  3  feet  high,  2  feet  9  inches* 
wide,  4i  inches  thick.  It  is  cut  in  front  to  resem 
ble  panels,  and  thus  to  approach  nearer  to  the  ap 
pearance  of  a  common  wooden  door,  and  it  war 
fastened  by  a  lock,  traces  of  which  remain.  Thr 
beautifully-wrought  tombs  of  Asia  Minor  (see  p. 
457)  and  other  Eastern  countries  have  stone  doors, 
made  either  to  turn  on  pivots  or  to  slide  sideway* 


1.  (Od„  vii.,  90.)— 2.  (Scut.,  271.)— 3.  (i.,  179.)— 4.  (GeU'» 
Pompeiana,  2d  ser.,  i.,p.  166.)— 5.  (Suet.,  Octav.,  82— Q.  Curt% 
v.,  6.)— 6.  (Horn.,  Od.,  xxiii.,  42.)— 7.  (Soph.,  lEd.  Tyr.,  1281.) 
—8.  (Isid.,  Orig.,  xv.,  7.)— 9.  (Mazois.  Ruines  de  Poinp^i,  torn 
i.,  pi.  xix.,  fig.  4.) 

525 


JANUA. 


jANUA. 


to  grooves.  Doors  of  bronze  are  often  mentioned 
by  ancient  writers.1  The  doors  of  a  supposed  tem- 
ple of  Remus,  still  existing  at  Rome,  and  now  oc- 
cupied as  a  Christian  church,  are  of  this  material. 
Mr.  Donaldson2  has  represented  them  as  filling  up 
Ihe  lower  part  of  the  doorway  of  the  temple  at  Co- 
ra, as  shown  in  the  last  woodcut,  which  is  taken 
from  him.  The  four  panels  are  surrounded  by  rows 
of  small  circles,  marking  the  spots  on  which  were 
fixed  rosettes  or  bosses,  similar  to  those  which  are 
described  and  figured  in  the  article  Bulla,  and 
which  served  both  to  strengthen  and  to  adorn  the 
doors.  The  leaves  of  the  doors  were  sometimes 
overlaid  with  gold,  as  in  the  Temple  of  Solomon  at 
Jerusalem  ,3  at  other  times  they  were  enriched  with 
Ihe  most  exquisite  carving.4  Those  in  the  Temple 
of  Minerva  at  Syracuse  are  said  by  Cicero5  to  have 
exceeded  all  others  in  the  curious  and  beautiful 
workmanship  executed  upon  them  in  gold  and  ivory. 
"  It  is  incredible,"  says  he,  "  how  many  Greeks 
have  left  writings  descriptive  of  the  elegance  of 
these  valves  "  One  of  the  ornaments  was  "  a  most 
beautiful  Gorgon's  head,  with  tresses  of  snakes," 
probably  occupying  the  centre  of  a  panel.  In  addi- 
tion to  the  sculptures  upon  the  valves  themselves, 
the  finest  statues  were  sometimes  placed  beside 
them,  probably  at  the  base  of  the  antepagmenta,  as 
in  the  magnificent  Temple  of  Juno  in  Samos.6  In 
the  fancied  palace  of  Alcinous,7  the  door-case,  which 
was  of  silver,  with  a  threshold  of  bronze,  included 
folding- doors  of  gold  ;  while  dogs,  wrought  in  gold 
and  silver,  guarded  the  approach,  probably  disposed 
like  the  avenue  of  sphinxes  before  an  Egyptian  tem- 
ple. As  luxury  advanced  among  the  Romans, 
metal  took  the  place  of  wood,  even  in  the  doors  of 
the  interior  of  a  house.  Hence  the  quaestor  Sp. 
Carvilius  reproved  Camillus  for  having  his  cham- 
ber doors  covered  with  bronze  (arata  ostia6). 

A  lattice-work  is  to  be  observed  above  the  bronze 
floors  in  the  last  woodcut,  Mr.  Donaldson  having 
btrodueed  it  on  the  authority  more  especially  of 
the  Pantheon  at  Rome,  where  the  upper  part  of  the 
doorway  is  filled  with  a  window  such  as  that  here 
represented.  Tr'fcnivias9  calls  it  the  hypatrum,  and 
his  language  implied  ;i&  ":  'wis  commonly  used  in 
temples. 

The  folding-doors  exhibited  in  the  last  woodcut, 
instead  of  a  rebate  such  as  we  employ,  have  an  up- 
right bronze  pilaster  standing  in  the  middle  of  the 
doorway,  so  as  to  cover  the  joining  of  the  valves. 
The  fastenings  of  the  door  (claustra  ;10  obices)  com- 
monly consisted  in  a  bolt  (pessulus;  fidvdaXoc,  icaro- 
X?vg,  uTieldpov,  Att.  nhfidpov11)  placed  at  the  base  of 
each  foris,  so  as  to  admit  of  being  pushed  into  a 
socket  made  in  the  sill  to  receive  it  (-rzvd/xrjv12).  The 
Pompeian  doorways  show  two  holes  corresponding 
to  the  bolts  of  the  two  fores  ;13  and  they  agree  with 
numerous  passages  which  mention  in  the  plural 
number  "■  the  bolts,"  or  "  both  the  bolts"  of  a  door.1* 

The  annexed  woodcut  shows  an  ancient  bolt  pre- 
served in  the  Museum  at  Naples.15 

By  night  the  front  door  of  the  house  was  farther 
secured  by  means  of  a  wooden  and  sometimes  an 
iron  bar  (sera,  repagula,  fiox^og)  placed  across  it, 
j*nd  inserted  into  sockets  on  each  side  of  the  door- 
way.16 Hence  it  was  necessary  to  remove  the  bar 
{tqv  fiox^bv  irapdQepeLv)  in  order  to  open  the  door 

1  (Herod.,  i.,  179. — Plin.,  H.  N.,  xxxiv.,  7.)— 2.  (Collection 
$/  Doorways  from  Ancient  Buildings,  London,  1833,  pi.  21.) — 
S.  (J  Kings,  vi.,  32-35.)—  4.  (Ovid,  Met.,  viii.,  705.— Virg.,Georg., 
hi.,  S6.— Id.,  JEn.,  vi.,  20-33.)— 5.  (Verr.,  II.,  iv.,  56.)— 6.  (Cic, 
Verr.,  II.,  i.,  23.)— 7.  (Od.,  vii.,  83-94.)— 8.  (Plin.,1.  c.)— 9.  (iv., 
»,  1.)— 10.  (Ovid,  Amor.,  I.,  vi.,  17.)— 11.  (Soph.,  CEd.  Tyr., 
1262,  1287,  1294.)  —  12.  (Soph.,  CEd.,  Tyr.,  1261.)  —  13.  (Gell, 
Pompoiana,  2d  ser.,  i.,  p.  187.) — 14.  (Plaut.,  Aul.,  I.,  ii.,  26. — 
Cure.,  I.,  ii.,  60-70. — Soph.,  11-  cc. — Callini.  in  Apoll.,  6.) — 15. 
(Mazois,  Ruines  de  Pompei,  t.  i.,  partie.  2,  pi.  vii.) — 16.  (Festus, 
*  v  Adserere. — Ovid,  Amor.,  i.,  6,  24-56.) 
526 


(reserare).1  Even  chamber  doors  were  secured  m 
the  same  manner2  (cubiculi  obseratis  foribus3) ;  and 
here  also,  in  case  of  need,  the  bar  was  employed  as 
a  farther  security,  in  addition  to  the  two  bolts  (icXy- 
6pa  avfiizepaivovreg  fioxkoic.*).  To  fasten  the  door 
with  the  bolt  was  januce  pessulum  obdere,  with  the 
bar  januam  obserare.5  At  Athens  a  jealous  husband 
sometimes  even  proceeded  to  seal  the  door  of  the 
women's  apartment.6  The  door  of  a  bedchamber 
was  sometimes  covered  with  a  curtain.  (Vid.  Vk- 
lum.) 

In  the  Odyssey,7  we  find  mention  of  a  contrivance 
for  bolting  or  unbolting  a  door  from  the  outside, 
which  consisted  in  a  leathern  thong  (ifidg)  inserted 
through  a  hole  in  the  door,  and  by  means  of  a  loop, 
ring,  or  hook  (nldg,  Kfytg),  which  was  the  origin 
of  keys,  capable  of  laying  hold  of  the  bolt  so  as  to 
move  it  in  the  manner  required.  The  bolt,  by  the 
progress  of  improvement,  was  transformed  into  a 
lock,  and  the  keys  found  at  Herculaneum  and  Pom- 
peii (vid.  Clavis),  and  those  attached  to  rings,8 
prove  that  among  the  polished  Greeks  and  Romans 
the  art  of  the  locksmith  (KXeidonocog)  approached 
very  nearly  to  its  present  state.9 

The  door  represented  in  the  first  woodcut  to  this 
article  has  a  ring  upon  each  valve,  which  was  used 
to  shut  the  door,  and  therefore  called  the  h-KiaTxaarrip. 
Herodotus10  tells  a  story  of  a  captive  who,  having 
escaped  to  a  temple  of  Ceres,  clung  to  the  rings  on 
the  doors  with  both  his  hands.  This  appendage  to 
the  door,  which  was  sometimes  gilt  and  very  hand- 
some, was  also  called,  on  account  of  its  form,  icpi- 
koc  and  /copuvjj,  i.  e.,  a  "circle"  or  "crown  ;"n  and, 
because  it  was  used  sometimes  as  a  knocker,  it  was 
called  /5o7rrpoi'.12  The  term  icopat;,  "  a  crow,"13  prob- 
ably denoted  a  knocker  more  nearly  approaching 
the  form  of  that  bird,  or,  perhaps,  of  its  neck  and 
head.  The  lowest  figure  in  the  last  woodcut  shows 
a  richly-ornamented  epispaster  from  the  collection 
at  Naples.  That  with  a  lion's  head  is  taken  frora 
a  bas-relief,  representing  the  doors  of  a  temple,  in 
the  collection  at  Ince-Blundell,  near  Liverpool.  Tha 
third  figure  is  from  the  Neapolitan  Museum. 

Before  the  door  of  a  palace,  or  of  any  private 

1.  (Theophrast.,  Char.,  18.  —  Plutarch,  Pelop.,  p.  517,  cd. 
Steph—  Plaut.,  Cist.,  iii.,  18.— Ovid,  Met.,  v.,  120.)— 2.  (Helio- 
dor.,  vi.,  p.  281,  ed.  Comni.) — 3.  (Apul.,  Met.,  ix.) — 4.  (Eurip., 
Orest.,  1546,  1566.— Id.,  Iph.  Aul.,  345.— Id.,  Androm.,  952.)— 
5.  (Ter.,  Eun.,  iii.,  5,  55.— Id.  ib.,  iv.,  6,  26.— Td.,  Heaut.,  ii.,  3, 
37.)— 6.  (Aristoph.,  Thesm.,  422.  —  Menand.,  p.  185,  ed.  Mein.) 
—7.  (i.,  442  ;  iv.,  802  ;  xxi.,  6,  46-50.)— 8.  (Gorlaei,  Dactylioth., 
42,  205-209.)  —  9.  (Achill.,  Tat.,  ii.,  19.)  —  10.  (vi.,  91.)  —  11 
(Horn.,  Od.,  i.,  441. — Id.  ib.,  vii.,  90.) — 12.  (Harpocrat.,  s.  v.- 
Xen.,  Hellen.,  vi.,  4,  $  36.)— 13.  (Brunck,  Anal.,  iii.,  168.) 


JANUA. 


IATRALIPTA. 


house  of  a  superior  description,  there  was  a  passage 
ieauirig  to  the  door  from  the  public  road,  which  was 
called  vcslibulum1  and  Trpodvpov*  It  was  provided 
with  seats.3  It  was  sometimes  covered  by  an  arch 
(vid.  Camera),  which  was  supported  by  two  pillars,* 
and  sometimes  adorned  with  sculptures.5  Here 
persons  waited  who  came  in  the  morning  to  pay 
their  respects  to  the  occupier  of  the  house.6  In  the 
vestibule  was  placed  the  domestic  altar.  (Vid.  Ara, 
p.  78.)  The  Athenians  also  planted  a  laurel  in  the 
tame  situation,  beside  a  figure  designed  to  represent 
Apollo  ;7  and  statues  of  Mercury  were  still  more 
frequent,8  being  erected  there  on  the  principle  of 
setting  a  thief  to  catch  a  thief.9 

The  Donaria  offered  to  the  gods  were  suspended 
not  only  from  the  Ant^e,  but  likewise  from  the 
door-posts  and  lintels  of  their  temples,10  as  well  as 
of  palaces,  which  in  ancient  times  partook  of  the 
sanctity  of  temples.11  Victors  in  the  games  sus- 
pended their  crowns  at  the  door  of  a  temple.1*  In 
like  manner,  persons  fixed  to  the  jambs  and  lintels 
of  their  own  doors  the  spoils  which  they  had  taken 
in  battle.13  Stags'  horns  and  boars'  tusks  were,  on 
the  same  principle,  used  to  decorate  the  doors  of  the 
temples  of  Diana,  and  of  the  private  individuals 
who  had  taken  these  animals  in  the  chase.  Owls 
and  other  nocturnal  birds  were  nailed  upon  the 
doors  as  in  modern  times.1*  Also  garlands  and 
wreaths  of  flowers  were  suspended  over  the  doors 
of  temples,  in  connexion  with  the  performance  of  re- 
ligious rites  or  the  expression  of  public  thanksgiving, 
being  composed  in  each  case  of  productions  suited 
to  the  particular  divinity  whom  they  were  intended 
to  honour.  In  this  manner  the  corona  spicea  was 
suspended  in  honour  of  Ceres.15  Bay  was  so 
used  in  token  of  victory,  especially  at  Rome,16  where 
it  sometimes  overshadowed  the  Corona  Civica  on 
ihe  doors  of  the  imperial  palace17  (laureatis  foribus16). 
The  doors  of  private  houses  were  ornamented  in  a 
similar  way,  and  with  different  plants,  according  to 
the  occasion.  More  especially  in  celebration  of  a 
marriage,  either  bay  or  myrtle  was  placed  about 
the  door  of  the  bridegroom.19  Catullus,  in  describing 
c.n  imaginary  marriage,  supposes  the  whole  vesti- 
bulum  to  have  been  tastefully  overarched  with  the 
branches  of  trees.80  The  birth  of  a  child  was  also 
announced  by  a  chaplet  upon  the  door,*1  and  a  death 
was  indicated  by  cypresses,  probably  in  pots,  placed 
in  the  vestibulum.22  In  addition  to  trees,  branches, 
garlands,  and  wreaths  of  flowers,  the  Romans  some- 
times displayed  lamps  and  torches  before  the  doors 
of  their  houses  for  the  purpose  of  expressing  grati- 
tude and  joy.23  Music,  both  vocal  and  instrument- 
al, was  sometimes  performed  in  the  vestibulum, 
especially  on  occasions  when  it  was  intended  to  do 
honour  to  the  master  of  the  house  or  to  one  of  his 
family.2* 

It  was  considered  improper  to  enter  a  house  with- 
out giving  notice  to  its  inmates.  This  notice  the 
Spartans  gave  by  shouting ;  the  Athenians  and  all 
other  nations  by  using  the  knocker  already  descri- 

1.  (Isid.,  Orig.,  xv.,  7.— Plaut..,  Most.,  III.,  ii.,  132.— Gell., 
xvi.,  5.)— 2.  (Vitruv.,  vi.,  7,  5.— Od.,  xviii.,  10-100.— Herod.,  iii., 
35,  140.)— 3.  (Herod.,  vi.,  35.)— 4.  (Servius  in  Virg.,  JEn.,  ii., 
469.)— 5.  (Virg.,  JEn.,  vii.,  181.— Juv.,  vii.,  126.)— 6.  (Gell., 
iv.,  1.) — 7.  (Aristoph.,  Thesm.,  496. — Plaut.,  Merc,  iv.,  1,  11, 
12.)  — 8.  (Thucyd.,  vi.,  27.)  — 9.  (Schol.  ad  Aristoph.,  Plut., 
1155.)— 10.  (Virg.,  JEn.,  iii.,  287— Id.  ib.,  v.,  360.— Ovid,  Trist., 
III.,  i.,  34.— Hor.,  Carm.,  IV.,  xv.,  8.— Id.,  Epist.,  I.,  i.,  5.— Id. 
)b.,  I.,  xviii.,  56. — Pers.,  Sat.,  vi.,  45. — Plin.,  H.  N.,xxxv.,  4.) — 
11.  (Virg.,  JEn.,  ii.,  503.— Id.  ib.,  vii.,  183.)— 12.  (Pind.,  Nem., 
v.,  53.) — 13.  (Festus,  s.  v.  Resignare. — Pbn.,  H.  N.,  xxxv.,  2.) 
—14.  (Pallad.,  De  Re  Rust.,  i.,  35.)— 15.  (Tib.,  I.,  i.,  21.— See 
also  Virg.,  Ciris,  95-98.)— 16.  (Ovid,  Met.,  i.,  562.)— 17.  (Ovid, 
Tnst.,  iii.,  1,  35-49.— Plin.,  H.  N.,  xv.,  39.)— 18.  (Sen.,  Consol. 
ad  Polyb.,  35.— Val.  Max.,  ii.,  8,  7.)— 19.  (Juv.,  vi.,  79,  228.— 
Claud.,  De  Nupt.  Hon.  et  Mar.,  208.)— 20.  (Epithal.  Pel.  et 
Thet.,  278-293.)— 21.  (Juv.,  ix.,  84.)— 22.  (Plin.,  H.  N.,  xvi., 
60.— Serv.  in  Virg.,  JEn.,  iii.,  64.)— 23.  (Juv.,  xii.,  92.)— 24. 
fPind..  Nem  ,  i.,  19,  20.— Isth.,  i.,  3.) 


bed,  but  more  commonly  by  rapping  with  the  knue* 
les  or  with  a  stick  (Kpovetv,  Konretv1).  In  the  hou« 
ses  of  the  rich,  a  porter  (janitor,  custos,  -dvpupoo 
was  always  in  attendance  to  open  the  door.1  He 
was  commonly  a  eunuch  or  a  slave,3  and  was  chain- 
ed to  his  post.*  To  assist  him  in  guarding  the  en- 
trance, a  dog  was  universally  kept  near  it,  being 
also  attached  by  a  chain  to  the  wall  ;•  and  in  ref- 
erence to  this  practice,  the  warning  Cave  Canem, 
evla6ov  ttjv  nvva,  was  sometimes  written  near  the 
door.  Of  this  a  remarkable  example  occurs  in  "  ice 
house  of  the  tragic  poet"  at  Pompeii,  where  it  :s  ac- 
companied by  the  figure  of  a  fierce  dog,  wrought  in 
mosaic  on  the  pavement.6  Instead  of  this  harsh 
admonition,  some  walls  or  pavements  exhibited  the 
more  gracious  SALVE  or  XAIPE.7  The  appropri- 
ate name  for  the  portion  of  the  house  immediately 
behind  the  door  (dvpuv8),  denotes  that  it  was  a  kind 
of  apartment ;  it  corresponded  to  the  hall  or  lobby 
of  our  houses.  Immediately  adjoining  it,  and  close 
to  the  front  door,  there  was  in  many  houses  a  small 
room  for  the  porter  (cella,  or  cellulajamtori*-9  ^vpu 
pelov10). 

*IASIO'NE  (laaiuvrj),  a  plant,  which  Caesalpinus 
and  Bauhin  suggest  is  the  Aquilegia  or  Columbine. 
Stackhouse  conjectures  that  it  may  be  the  Convol- 
vulus sepium,  but  Adams  doubts  the  authority  on 
which  he  founds  this  opinion.11 

*IASPACHA'TES  (laciraxarnc),  the  Jasper-ag- 
ate of  modern  mineralogists,  a  stone  in  which  jas- 
per is  associated  with  agate.     (Vid.  Achates.)12 

*IASPIS  (laoinc),  Jasper,  the  Iaspis  of  Werner, 
Quartz  Jaspe  of  Haiiy,  and  Jasper  of  Jameson 
Iaspis,  says  Pliny,  is  green,  and  often  translucent : 
"  What  we  call  Jasper,"  observes  Dr.  Moore,  "  is  of 
almost  every  colour,  and  is  opaque.  But  still  the 
ancient  Iaspis  may  have  comprehended  certain  va- 
rieties of  green  jasper ;  and  since  agate  and  jasper 
are  closely  connected,  and  pass  into  each  other,  it 
is  probable  that  there  were  varieties  of  agate  also 
classed  under  the  same  head.  Jameson  may  say 
with  truth  that  we  are  ignorant  of  the  particular 
stone  denominated  jasper  by  the  ancients,  for  cer- 
tainly there  is  no  one  stone  to  which  the  description 
of  jasper  could  be  applied ;  but  in  this  case,  as  in 
others,  it  is  evident  that  several  different  minerals 
were  comprehended  under  a  single  name."  "  The 
Jasper,"  says  Sir  John  Hill,  "is  a  semi-pellucid 
stone  ;  it  is  much  of  the  same  grain  and  texture 
with  the  agates,  but  not  so  hard,  nor  capable  of  so 
elegant  a  polish,  nor  does  it  approach  so  near  to  trans- 
parency. Its  general  colour  is  green,  but  it  is  spot- 
ted or  clouded  with  several  others,  as  yellow,  blue, 
brown,  red,  and  white.  The  Heliotrope,  or  common 
Bloodstone,  is  of  this  kind,  and  very  little,  if  at  all, 
different  from  the  Oriental  Jasper."13 

IATRALIPTA,  IATRALIPTES,  or  IATROA- 
LIPTES  ('laTpahenrTfjc),  the  name  given  by  the  an- 
cients to  a  physician  who  paid  particular  attention 
to  that  part  of  medical  science  called  Iatraliptice. 
The  name  is  compounded  of  larpoc  and  aleifu,  and 
signifies  literally  a  physician  that  cures  by  anointing. 
According  to  Pliny,1*  they  were  at  first  only  the 
slaves  of  physicians,  but  afterward  rose  to  the  rank 
of  physicians  themselves,  and  were,  therefore,  su- 
perior to  the  aliptae.     (Vid.  Alipt^e.)     The  word 


1.  (Becker,  Charikles,  v.  i.,  p.  230-234.— Plato,  Protag.,  p.  151, 
159,  ed.  Bekker.)— 2.  (Tibull.,  I.,  i.,  56.)— 3.  (Plato,  1.  c.)— 4. 
(Ovid,  Amor.,  i.,  6. — Sueton.,  De  Clar.  Rhet.,  3.) — 5.  (Theocrit., 
xv.,  43. — Apollod.,  ap.  Athen.,  i.,  4. — Aristoph.,  Thesm.,  423.— 
Id.,  Lysist.,  1217.— Tibull.,  II.,  iv.,  32-36.)— 6.  (Gell's  Pomp., 
2d  ser.,  i.,  p.  142,  145.)— 7.  (Plato,  Charm.,  p.  94,  ed.  Heindorff.) 
—8.  (Soph.,  CEd.  Tyr.,  1242  —Id.,  Electr.,  328.)— 9.  (Sueton., 
Vitell.,  16.  — Varro,  De  Re  Rust.,  i.,  13.)— 10.  (Pollux,  Ouom. 
i.,  77.)— 11.  (Theophrast.,  H.  P  ,  i.,  21.— Id.,  C.  P.,  ii.  18.-  Ad- 
ams,  Append.,  s.  v.) — 12.  (Moore's  Anc.  Mineral.,  p.  178  ) —  13. 
(Moore's  Anc.  Mineral.,  p.  163.  &c.)— 14.  (H.  N.,  xxix  ,  2  ) 

T,S>7 


imjb. 


IBIS. 


occurs  in  Paulus  iEgineta,1  Celsus,2  and  other  med- 
ical writers. 

IATRALIPTICE  ClarpaleiizTiKf})  was  that  part 
of  the  art  and  science  of  medicine  which  had  for  its 
object  the  preservation  or  restoration  of  health  by 
gymnastics  and  different  kinds  of  bodily  exercises, 
including  unctions  and  frictions.  It  was,  according 
to  Pliny,3  first  practised  by  Prodicus.  (Vid.  Gym- 
nasium, p.  484.) 

IA'TROS.     {Vid.  Medicus.) 

IATROSOPHISTA  ('larpoaoQiaTT/c),  an  ancient 
medical  title,  signifying  apparently  (according  to  Du 
Cange4)  one  who  both  taught  medicine  and  also 
practised  it  himself;  as  the  ancients  made  a  dis- 
tinction between  didaoKaXticr}  and  epyaric,  the  art 
and  the  science  of  medicine,  the  theory  and  the 
practice.5  Eunapius  Sardianus6  calls  them  ktjr/oKrj- 
(tevovg  "keyeiv  te  nal  ■koleIv  la.TpLK.7jv.  The  word  is 
somewhat  varied  in  different  authors.  Socrates7 
calls  Adamantius  larpiKuv  Xoyuv  co<pi<7Tr}c.  Steplia- 
nus  Byzantinus8  mentions  rdv  iarpuv  aoQioTrje : 
Callisthenes  (quoted  in  Du  Cange),  iarpbg  ao<piarr)c  : 
and  Theophanes9  coyicTfjc  rr)c  larpiKf/c  kTriornjuiic. 
Several  ancient  physicians  are  called  by  this  title, 
e.  g.,  Magnes,10  Cassius,  the  author  of  "  Quaestiones 
Medicae  et  Naturales,"  and  others. 

*IBE'RIS  (Wnp'cc),  a  species  of  Pepperwort,  now 
called  Lepidium  Iberis.  The  chapter  of  Dioscorides 
on  the  Iberis  is  most  probably  spurious.11 

*IBIS  (Uic),  the  Ibis,  a  bird  held  sacred  by  the 
Egyptians.     Two  species  of  it  are  described  by  He- 
rodotus and  Aristotle,  but  there  has  been  considera- 
ble difficulty  in  identifying  these  two.     "  Dr.  Trail 
informs  me,"  says  Adams,  "  that,  having  compared 
the  skeletons  of  the  mummy- bird  and  of  the  Ibis 
religiosa,  he  found  them  identical.     It  is  the  Tan- 
talus Mthiopicus  of  Latham.    The  other  Ibis  of  He- 
rodotus would  appear  to  be  the  stork."13    The  Ibis 
is  as  large  as  a  hen,  with  white  plumage,  except 
the  end  of  the  wing-quills,  which  are  black.     The 
last  wing-coverts  have  elongated  and  slender  barbs, 
of  a  black  colour,  with  violet  reflections,  and  thus 
cover  the  end  of  the  wing  and  tail.     The  bill  and 
feet  are  black,  as  well  as  the  naked  part  of  the  head 
and  neck.     In  the  young  subject,  however,  this 
part  is  covered,  at  least  on  its  upper  face,  with 
small  blackish  plumes.    "  It  is  only  since  the  publi- 
cation of  Bruce's  Travels,"  observes  Griffith,  "  that 
positive  notions  have  been  gained  respecting  the 
genus  to  which  we  would  refer  the  bird  which  was 
so  venerated  by  the  ancient  Egyptians,  and  which 
they  used  to  embalm  after  its  death.     The  Ibis  of 
Perault  and  Buffon  has  since  been  recognised  for  a 
tantalus ;  that  of  Hasselquist  for  a  heron,  perhaps 
the  same  as  the  ox-bird  of  Shaw ;  and  that  of  Mail- 
let  (Pharaoh's  chicken ;  Bachamah  of  the  Arabs)  for 
a  vulture,  Vultur  Perenopterus,  L.    But  Bruce  found 
in  Lower  ^Ethiopia  a  bird  which  is  there  named 
Abou-hannes  (Father  John),  and,  on  comparing  it 
with  the  embalmed  individuals,  he  recognised  it  to 
be  the  true  black  and  white  Ibis,  with  reflections  on 
several  parts  of  the  body,  and  the  same  as  the  Men- 
gel  or  Abou-mengel  (Father  of  the  Sickle)  of  the 
Arabs.     This  fact  has  been  fully  confirmed  by  M. 
Cuvier,  by  an  examination  of  mummies  brought 
from  Egypt  by  Colonel  Grobert  and  M.  Geoffroy, 
and  from  other  mummies  by  M.  Savigny,  who  also 
found  in  Egypt  the  very  bird  itself,  and  had  an  op- 
portunity of  examining  it  in  the  living  state.     M. 
Guvier's  memoir  on  the  subject  was  first  inserted 

1.  (De  Re  Med.,  Hi.,  47.)  —  2.  (De  Medic,  i.,  1.)  —3.  (II.  N., 
y*x..  2.) — 4.  (Gloss.  Med.  et  Inf.  Gracit.) — 5.  (Damascius  in 
Vita  Isidori.)  —  6.  (De  Vit.  Philosoph.  et  Sophist.,  p.  168,  ed. 
Antwerp,  1568.)— 7.  (Hist.  Eccles.,  vii.,  13.)— 8.  (s.  v.  Tea.)— 9. 
(lb.)  — 10.  (Theoph.  Protospath.,  "De  Urinis.")  — 11.  (Paul. 
MgLa.,  iii.,  77. —  Adams,  Append.,  s.  v.)  — 12.  (Aristot.,  H.  A., 
«.,  19. — Adams,  Append.,  .«.  v.) 
528 


in  the  Annals  of  the  French  Museum  ;  and  in  tn# 
'  Ossemens  Fossiles,'  M.  Savigny  has  published  a 
natural  and  mythological  history  of  the  same  bird 
M.  Cuvier  having  found  in  the  mummy  of  an  Ibis 
the  undigested  remains  of  the  skin  and  scales  ol 
serpents,  concluded  that  these  birds  in  reality  fed 
upon  those  reptiles.  M.  Savigny  having  never 
found  any  in  the  stomach  of  such  individuals  of  the 
present  time  as  he  dissected,  came  to  a  contrary 
conclusion,  which  seemed  to  him  to  be  substantia- 
ted by  the  natural  habits  and  organization  of  the 
Ibis,  confirmed  by  analogy,  and  farther  corroborated 
by  the  testimony  of  the  modern  Egyptians.  He 
does  not,  indeed,  attempt  to  deny  the  fact  stated  by 
the  baron,  but  he  observes  that  it  is  an  isolated  one, 
and  that  the  learned  professor  does  not  specify  the 
exact  position  of  the  debris  of  serpents  of  which  he 
speaks.  M.  Savigny  adds,  first,  that,  according  to 
Herodotus,  before  the  Egyptians  proceeded  to  em- 
balm an  Ibis,  they  removed  the  intestines,  which 
were  reputed  to  be  excessively  long  ;  secondly,  tha', 
he  has  himself  found  in  the  interior  of  one  of  these; 
mummies  no  remains  of  viscera  and  soft  parts,  but 
a  multitude  of  the  larva?  or  nymphae  of  insects  of 
different  species ;  thirdly,  that,  moreover,  certain 
species  of  serpents  were  reckoned  among  the  sacred 
animals,  and  that  mummies  of  such  serpents  have 
been  discovered  in  the  grottoes  of  Thebes  ;  fourthly, 
that  many  of  the  mummies  of  the  Ibis,  which  were 
taken  from  the  repositories  in  the  plains  of  Saccara, 
contained,  under  a  general  envelope,  aggregations 
of  different  animals,  whose  debris  alone  were  col- 
lected. We  may  remark,  also,  that  the  remains  of 
serpents  mentioned  by  M.  Cuvier  were  not  yet  di- 
gested, which  would  naturally  be  the  case  under 
the  supposition  that  they  had  not  even  been  intro- 
duced into  the  alimentary  canal. 

"When  we  consider  the  assertions  of  Herodotus 
respecting  the  supposed  service  rendered  to  Egypt 
by  these  birds,  in  delivering  it  from  serpents,  we 
shall  find  that  the  chief  stress  is  laid  upon  their  an- 
tipathy for  these  reptiles,  which  they  were  said  to 
combat  and  destroy ;  but  their  organization  seems  but 
little  calculated  to  enable  them  to  succeed  in  enter- 
prises of  this  kind.  Besides,  the  animals  which  are 
wont  to  rid  us  of  pernicious  species,  do  so,  not  from 
a  hatred  and  antipathy  which  they  bear  to  such 
species,  but  rather  from  the  pleasure  which  they 
experience  in  devouring  and  feasting  on  them. 
This,  assuredly,  is  a  distinction  of  some  weight 
It  may  also  be  remarked,  that  the  food  of  animals 
is  always  the  same,  except  in  cases  of  dearth,  which 
dearth  is  never  wantonly  created  by  the  animals 
themselves.  If  serpents  of  any  kind  were  the  nat- 
ural aliment  of  the  Ibis,  instead  of  preventing  them 
from  penetrating  into  the  country  where  these  birds 
were  destined  to  pass  a  portion  of  the  year,  the  lat- 
ter would  rather  follow  them  into  the  places  of  theii 
retreat.  If  we  add  to  these  considerations  the  rec- 
ollection that  sandy  countries  are  the  suitable  hab- 
itats of  serpents,  while  hum'd  situations  are  besl 
adapted  to  the  Ibis,  we  shall  find  fresh  cause  to  re- 
ject the  opinion  of  Herodotus  as  fabulous.  It  could 
not,  indeed,  have  been  received  with  any  great  de- 
gree of  confidence  by  his  countrymen,  since  the  first 
naturalist  of  Greece  has  passed  over  in  silence  th«* 
antipathy  of  the  Ibis  to  the  serpent,  and  their  sup- 
posed combats.  If  Herodotus,  who  tells  us  that  he 
had  himself  seen,  on  the  confines  of  Arabia,  and  at 
the  place  where  the  mountains  open  on  the  plains 
of  Egypt,  the  fields  covered  with  an  incredible  num- 
ber of  accumulated  bones,  and  instances  these  bonea 
as  the  remains  of  reptiles  destroyed  by  the  Ibis,  vi  hen 
they  were  on  the  point  of  entering  Egypt,  it  w 
merely  a  simple  opinion  which  he  gives  upon  a  fact 
which  could  not  have  originated  from  any  such 


ICHNEUMON. 


ICHNEUMON 


cause  These  immense  debris  of  fishes  and  other 
vertehrated  animals,  which  in  the  course  of  time 
have  been  heaped  up  in  some  narrow  place,  after- 
ward abandoned  by  the  waters,  cannot  possibly  ad- 
mit of  such  an  explication  of  their  origin,  which  is 
truly  ludicrous,  and  could  only  have  been  adopted 
by  this  author  in  consequence  of  the  excessive 
credulity  with  which  he  was  prone  to  swallow  pop- 
ular report.  Such  masses,  moreover,  would  not 
have  been  preserved  for  any  great  length  of  time, 
had  they  consisted  merely  of  the  small  bones  of 
reptiles,  incapable  of  making  resistance  against  the 
attacks  of  birds  so  weak  as  the  Ibis. 

"  We  must,  then,  look  for  other  reasons  than  the 
destruction  of  serpents  for  the  veneration  paid  to 
the  Ibis  by  the  ancient  Egyptians,  who  admitted  it 
even  into  their  temples,  and  prohibited  the  killing 
of  it  under  pain  of  death.     In  a  country  where  the 
people,  very  ignorant,  were  governed  only  by  su- 
perstitious ideas,  it  was  natural  that  fictions  should 
have  been  imagined  to  express  with  energy  the 
happy  influences  of  that  phenomenon  which  every 
year  attracts  the  Ibis  into  Egypt,  and  retains  it 
there.     Its  constant  presence  at  the  epoch  of  that 
inundation  which  annually  triumphs  over  all  the 
sources  of  decay,  and  assures  the  fertility  of  the 
soil,  must  have  appeared  to  the  priests,  and  to  those 
at  the  head  of  government,  admirably  calculated  to 
make  a  lively  impression  on  the  minds  of  the  people, 
to  lead  them  to  suppose  supernatural  and  secret  re- 
lations between  the  movements  of  the  Nile  and  the 
sojourn  of  these  inoffensive  birds,  and  to  consider 
the  latter  as  the  cause  of  effects  exclusively  owing 
to  the  overflow  of  the  river."1     "  The  Ibis  was 
sacred  to  Thoth,  who  was  fabulously  reported  to 
have  eluded  the  pursuit  of  Typhon  under  the  form 
of  this  bird.     It  was  greatly  revered  in  every  part 
of  Egypt ;  and  at  Hermopolis,  the  city  of  Thoth,  it 
was  worshipped  with  peculiar  honours,  as  the  em- 
blem of  the  deity  of  the  place.     Its  Egyptian  name 
was  Hip,  from  which  Champollion  supposes   the 
town  of  Nibis  to  have  been  called,  being  a  corrup- 
tion of  Ma-n- hip  or  'n-hip,  'the  place  of  the  Ibis.' 
Such  was  the  veneration  felt  by  the  Egyptians  for 
the  Ibis,  that  to  have  killed  one  of  them,  even  in- 
voluntarily, subjected  the  offender  to  the  pain  of 
death.     So  pure,  in  fact,  did  they  consider  it,  that 
those  priests  who  were  most  scrupulous  in  the  per- 
formance of  their  sacred  rites,  fetched  the  water 
they  used  in  their  purifications  from  some  place 
where  the  Ibis  had  been  seen  to  drink  ;   it  being 
observed  of  that  bird  that  it  never  goes  near  any 
unwholesome  and  corrupted  water.     Plutarch  and 
Cicero  pretend,  that  the  use  which  the  Ibis  made 
of  its  bill  taught  mankind  an  important  secret  in 
medical  treatment ;  but  the  bill  of  the  bird  is  not  a 
tube,  and  the  nXv^ofiivvv  v<p'  kavrrie  is  a  mistake. 
The  form  of  the  Ibis,  when  crouched  in  a  sitting 
position,  with  its  head  under  its  feathers,  or  when 
in  a  mummied  state,  was  supposed  to  resemble  the 
human  heart ;   the  space  between  its  legs,  when 
parted  asunder  as  it  walks,  was  observed  to  make 
an  equilateral  triangle ;  and  numerous  fanciful  pe- 
culiarities were  discovered  in  this  revered  emblem 
of  Thoth"3 

♦ICHNEUMON  (Ixvevuuv),  a  well-known  quad- 
ruped of  the  Weasel  kind,  the  Viverra  Ichneumon  of 
naturalists.  It  has  been  long  famous  in  Egypt, 
where  it  goes  by  the  name  of  Pharaoh's  Rat.  "  If, 
in  the  mythological  system  of  the  ancient  Egyp- 
tians," observes  Lieut.  Col.  Smith,  "the  various 
living  beings  which  people  the  surface  of  the  earth 
were  each  entitled  to  particular  reverence  on  ac- 
count  of  the  influence  which  they  exercise  over  the 

1.  (Griffith's  Cuvier,  vol.  viii.,  p.  513,  &c.)— 2.  (Wil^nson's 
Winners  and  Customs,  vol.  ii.,  2d  series,  p.  217,  <fec.) 
X  x  x 


economy  of  nature,  and  the  part  which  they  con 
tribute  to  the  general  harmony  of  the  universe,  the 
Ichneumon  unquestionably  possessed  more  claims 
than  any  other  animal  to  the  homage  of  that  singu- 
lar people.     It  presented  a  lively  image  of  a  benefi- 
cent power  perpetually  engaged  in  the  destruction 
of  those  noisome  and  dangerous  reptiles  which 
propagate  with  such  terrible  rapidity  in  hot  and 
humid  climates.     The  Ichneumon  is  led  by  its  in- 
stinct, and  obviously  destined  by  its  peculiar  powers, 
to  the  destruction  of  animals  of  this  kind.     Not 
that  it  dares  to  attack  crocodiles,  serpents,  and  the 
larger  animals  of  the  lizard  tribe,  by  open  force,  or 
when  these  creatures  have  arrived  at  their  complete 
development.     It  is  by  feeding  on  their  eggs  that  the 
Ichneumon  reduces  the  number  of  these  intolerable 
pests.    The  Ichneumon,  from  its  diminutive  size 
and  timid  disposition,  has  neither  the  power  to 
overcome  nor  the  courage  to  attack  such  formidable 
adversaries.     Nor  is  it  an  animal  of  the  most  deci- 
dedly carnivorous  appetite.     Urged  by  its  instinct 
of  destruction,  and  guided,  at  the  same  time,  by  the 
utmost  prudence,  it  may  be  seen,  at  the  close  of  day. 
gliding  through  the  ridges  and  inequalities  of  the 
soil,  fixing  its  attention  on  everything  that  strikes 
its  senses,  with  the  view  of  evading  danger  or  dis- 
covering prey.     If  chance  favours  its  researches,  it 
never  limits  itself  to  the  momentary  gratification  of 
its  appetite  :  it  destroys  every  living  thing  within 
its  reach  which  is  too  feeble  to  offer  it  any  effectual 
resistance.     It  particularly  seeks  after  eggs,  of 
which  it  is  extremely  fond,  and  through  this  taste  it 
proves  the  means  of  destruction  to  so  many  croco- 
diles.    That  it  enters  the  mouth  of  this  animal 
when  asleep,  as  Diodorus  gravely  informs  us,  and, 
gliding  down  its  throat,  gnaws  through  its  stom. 
ach,  is  as  much  true  as  that  it  attacks  it  when      ' 
awake.     This  is  either  a  fable  which  never  had 
any  foundation,  or,  like  many  other  marvels,  it  has 
ceased  in  our  unbelieving  and  Jess  favoured  era. — 
The  colour  of  the  Ichneumon  is  a  deep  brown, 
picked  out  with  dirty  white.    The  tail  is  termina- 
ted by  a  tuft  of  hairs  entirely  brown.     The  Ichneu- 
mon is  about  two   feet  seven  inches  in  length, 
measuring  from  the  end  of  the  tail  to  the  tip  of  the 
nose,  the  tail  itself  being  one  foot  four  inches.    The 
mean  stature  of  the  animal  is  about  eight  inches."1 
The  Ichneumon  was  particularly  worshipped  by  the 
Heracleopolites,  who  lived  in  a  nome  situated  in 
the  valley  of  the  Nile,  a  little  to  the  south  of  the 
entrance  to  the  modern  district  of  Fayoom.     This 
nome  of  Heracleopolis,  and  the  vicinity  of  Cairo, 
still  continue,  according  to  Wilkinson,  to  be  the 
chief  resort  of  the  animal  in  question  ;  "  and  it  is 
sometimes  tamed  and  kept  by  the  modern,  as  it  was 
by  the  ancient  Egyptians,  to  protect  their  houses 
from  rats.     But,  from  its  great  predilection  for  eggs 
and  poultry,  they  generally  find  that  the  injury  it 
does  far  outbalances  the  good  derived  from  its  ser- 
vices as  a  substitute  for  the  cat.     Herodotus  says 
little  respecting  the  Ichneumon,  except  that  it  re- 
ceived the  same  honours  of  sepulture  as  the  domes- 
tic animals.     But  ^Elian  tells  us  that  it  destroyed 
the  eggs  of  the  asp,  and  fought  against  that  poison- 
ous reptile.     Pliny,  Strabo,  and  Julian  relate  the 
manner  in  which  it  attacked  the. asp,  and  was  pro- 
tected from  the  effect  of  its  poisonous  bite.     vElian 
says  it  covered  itself  with  a  coat  of  mud,  which 
rendered  its  body  proof  against  the  fangs  of  its 
enemy ;  or,  if  no  mud  was  near,  it  wetted  its  body 
with  water,  and  rolled  itself  in  the  sand.     Its  nose, 
which  alone  remained  exposed,  was  then  enveloped 
in  several  folds  of  its  tail,  and  it  thus  commenced 
the  attack.     If  bitten,  its  death  was  inevitable  ;  but 
all  the  efforts  of  the  asp  were  unavailable  against  its 

1.  (Griffith's  Cuvier,  vol.  ii.,  p.  392,  &c.) 

529 


IMPERIUM. 


IMPERIUM. 


artificial  coat  of  mail,  and  the  Ichneumon,  attacking 
it  on  a  sudden,  seized  it  by  the  throat,  and  immedi- 
ately killed  it.  Thus  much  for  the  ancient  story. 
Modern  experience,  on  the  other  hand,  proves  that, 
without  having  recourse  to  a  cuirass  of  mud,  the 
Ichneumon  fearlessly  attacks  snakes,  and,  the  mo- 
ment it  perceives  them  raise  their  head  from  the 
ground,  it  seizes  them  at  the  back  of  the  neck,  and 
with  a  single  bite  lays  them  dead  before  it."1 

*ICTIS  (lktlc).     {Vid.  Mustela.) 

1DUS.     (Vid.  Calendar,  Roman.) 

IGNOMI'NIA.     (Vid.  Infamia.) 

IMPERA'TOR.     (Vid.  Imperium.) 

IMPE'RIUM.  Gaius,2  when  making  a  division 
of  judicia  into  those  quae  legitimo  jure  consistunt 
and  those  quae  imperio  continentur,  observes  that 
the  latter  are  so  called  because  they  continue  in 
force  during  the  imperium  of  him  who  has  granted 
them.  This  division  of  judicia  had  merely  reference 
to  the  time  within  which  a  judicium  must  be  prose- 
cuted, and  to  the  jurisdictio  of  him  who  had  granted 
them.  Legitima  judicia  were  those  which  were 
prosecuted  in  Rome  or  within  the  first  miliarium, 
between  Roman  citizens,  and  before  a  single  judex. 
By  a  lex  Julia  judiciaria,  such  judicia  expired  un- 
less they  were  concluded  within  a  year  and  six 
months.  All  other  judicia  were  said  imperio  con- 
tineri,  whether  conducted  within  the  above  limits 
before  recuperatores  or  before  a  single  judex,  when 
either  the  judex  or  one  of  the  litigant  parties  was  a 
peregrinus,  or  when  conducted  beyond  the  first  mil- 
iarium either  between  Roman  citizens  or  peregrini. 
From  this  passage  it  follows  that  there  were  judi- 
cia quae  imperio  continebantur,  which  were  granted 
in  Rome,  which  is  made  clearer  by  what  follows. 
There  was  a  distinction  between  a  judicium  ex 
ege,  that  is,  a  judicium  founded  upon  a  particular 
ex,  and  a  judicium  legitimum ;  for  instance,  if  a 
man  sued  in  the  provinces  under  a  lex,  the  Aquilia, 
for  example,  the  judicium  was  not  legitimum,  but 
was  said  imperio  contineri,  that  is,  the  imperium  of 
the  praeses  or  proconsul  who  gave  the  judicium. 
The  same  was  the  case  if  a  man  sued  at  Rome  ex 
lege,  and  the  judicium  was  before  recuperatores,  or 
there  was  a  peregrinus  concerned.  Jf  a  man  sued 
under  the  praetor's  edict,  and,  consequently,  not  ex 
iege,  and  a  judicium  was  granted  in  Rome,  and  the 
same  was  before  one  judex,  and  no  foreigner  was 
concerned,  it  was  legitimum.  The  judicia  legitima 
are  mentioned  by  Cicero  ;3  but  it  may,  perhaps,  be 
doubted  if  he  uses  the  term  in  the  sense  in  which 
Gaius  does.  It  follows,  then,  that  in  the  time  of 
Gaius,  so  long  as  a  man  had  jurisdictio,  so  long  was 
he  said  to  have  imperium.  Imperium  is  defined  by 
Ulpian*  to  be  either  merum  or  mixtum.  To  have 
the  merum  imperium  is  to  have  "  gladii  potestatem 
ad  animadvertendum  in  facinorosos  homines,''''  that 
is,  "  mixtum  imperium  cui  etiam  jurisdictio  inest." 
It  appears,  then,  that  there  was  an  imperium  which 
was  incident  to  jurisdictio  ;  but  the  merum  or  pure 
imperium  was  conferred  by  a  lex.5  The  mixtum 
imperium  was  nothing  more  than  the  power  neces- 
sary for  giving  effect  to  the  jurisdictio.  There 
might,  therefore,  be  imperium  without  jurisdictio, 
but  there  could  be  no  jurisdictio  without  imperium. 

Imperium  is  defined  by  Cicero6  to  be  that  "sine 
quo  res  militaris  administrari,  teneri  exercitus,  helium 
gcri  non  potest."  As  opposed  to  potestas,  it  is 
the  power  which  was  conferred  by  the  state  upon 
an  individual  who  was  appointed  to  command  an 
army.  The  phrases  Consularis  Potestas  and  Con- 
sularc  Imperium  might  both  be  properly  used ;  but 
the  expression  Tribunitia  Potestas  only  could  be 

1.  (Wilkinson,  p.   154,  &c.)— 2.  (iv.,  103.)— 3.    (Pro  Roac. 
Com,  5.— Id.,  Or.  Part.,  12.)— 4.  (Dig.  2,  tit.  1,  s.  3.)— 5.  (Dig. 
J   tit.  21,s.  l.)-6.  (Phil.,  v.,  16.) 
530 


used,  as  the  tribuni  never  received  infc  'unpenum. 
In  Veil.  Paterc,  ii.,  2,  imperium  is  improperly  used. 
A  consul  could  not  act  as  commander  of  an  grmy 
(attingere  rem  militarem)  unless  he  were  empowered 
by  a  lex  Curiata,  which  is  expressed  by  Livy2  thus : 
"  Comitia  curiata  rem  militarem  continent.'"  Though 
consuls  were  elected  at  other  comitia,  the  comitia 
curiata  only  could  give  them  imperium.3  This 
was  in  conformity  with  the  ancient  constitution, 
according  to  which  an  imperium  was  conferred  on 
the  kings  after  they  had  been  elected  :  "  On  the 
death  of  King  Pompilius,  the  populus  in  the  comitia 
curiata  elected  Tullus  Hostilius  king,  upon  the  ro- 
gation of  an  interrex ;  and  the  king,  following  the 
example  of  Pompilius,  took  the  votes  of  the  populus 
according  to  their  curiae  on  the  question  of  his  im- 
perium."* Both  Numa5  and  Ancus  Marcius,6  the 
successor  of  Tullus,  after  their  appointment  as 
reges,  are  severally  said  "  Be  Imperio  suo  legem 
curiatam  tulisse."  It  appears,  then,  that  from  the 
kingly  period  to  the  time  of  Cicero,  the  imperium, 
as  such,  was  conferred  by  a  lex  Curiata. 

The  imperium  of  the  kings  is  not  defined  by  Ci- 
cero. It  is  declared  by  modern  writers  to  have 
been  the  military  and  the  judicial  power,  but  these 
writers  have  not  explained  what  they  precisely  mean 
by  the  term  "judicial  power."  It  may  be  conjec- 
tured that  the  division  of  imperium,  made  by  the 
jurists,  was  in  accordance  with  the  practice  of  the 
republican  period :  there  was  during  the  republican 
period  an  imperium  within  the  walls  which  was  in- 
cident to  jurisdictio,  and  an  imperium  without  the 
walls  which  was  conferred  by  a  lex  Curiata.  There 
are  no  traces  of  this  separation  in  the  kingly  period, 
and  it  is  probable  that  the  king  received  the  impe- 
rium in  its  full  import,  and  that  its  separation  into 
two  parts  belongs  to  the  republican  period.  The 
imperium,  which  was  conferred  by  a  lex  under  the 
Republic,  was  limited,  if  not  by  the  terms  in  which 
it  was  conferred,  at  least  by  usage  :  it  could  not  be 
held  or  exercised  within  the  city.  It  was  some- 
times specially  conferred  on  an  individual  for  the 
day  of  his  triumph  within  the  city,  and,  at  least  in 
some  cases,  by  a  plebiscitum.7 

The  imperium  was  as  necessary  for  the  governor 
of  a  province  as  for  a  general  who  merely  com- 
manded  the  armies  of  the  Republic,  as  he  could  not, 
without  it,  exercise  military  authority  (rem  militarem 
attingere).  So  far  as  we  can  trace  the  strict  prac- 
tice of  the  Roman  constitution,  military  command 
was  given  by  a  special  lex,  and  was  not  incident  to 
any  office,  and  might  be  held  without  any  other  of- 
fice than  that  of  imperator.  It  appears  that  in  the 
time  of  Cicero  there  were  doubts  as  to  the  necessi- 
ty of  the  lex  in  some  cases,  which  may  have  grad- 
ually arisen  from  the  irregular  practices  of  the  civil 
wars,  and  from  the  gradual  decay  of  the  old  institu- 
tions. Cicero,  in  a  passage  which  is  not  very  clear,8 
refers  to  a  Cornelia  lex,  according  to  which  an  in- 
dividual who  had  received  a  province  ex  senatus 
consulto  thereby  acquired  the  imperium  without 
the  formality  of  a  lex  Curiata. 

The  imperium  (merum)  of  the  Republic  appears 
to  have  been  (1),  a  power  which  was  only  exercised 
out  of  the  city ;  (2),  a  power  which  was  specially 
conferred  by  a  lex  Curiata,  and  was  not  incident 
to  any  office ;  (3),  a  power  without  which  no  miii 
tary  operation  could  be  considered  as  done  in  tha 
name  and  on  the  behalf  of  the  state.  Of  this  a  no- 
table example  is  recorded  in  Livy,9  where  the  sen- 
ate refused  to  recognise  a  Roman  as  commander  be- 
cause he  had  not  received  the  imperium  in  due  form. 

In  respect  of  his  imperium,  he  who  received  it 

1.  (Liv.,vi.,  37.)— 2.  (v..  52.)— 3.  (Liv.,  v.,  52.)— 4.  (Cic,  Re- 
pub.,  ii.,  17.)— 5.  (ii.,  13.)— 6.  (ii.,  18.)— 7.  (Liv.,  xxvi.,21.— Id., 
xlv.,  35.) -8.  (ad  Fam..  i.,  9.)— 9.  (xxvi.,  2.) 


IMPUBES. 


IMPUBES. 


was  styled  impe.ator:  he  might  be  a  consul  or  a 
proconsul.  It  was  an  ancient  practice,  observes 
Tacitus,1  for  the  soldiers  of  a  victorious  general  to 
salute  him  by  the  title  of  imperator;  but  in  the 
instance  referred  to  by  Tacitus,  the  Emperor  Tibe- 
rius allowed  the  soldiers  to  confer  the  title  on  an 
individual  who  had  it  not  already  ;  while  under  the 
Republic,  the  title,  as  a  matter  of  course,  was  given 
with  the  imperium ;  and  every  general  who  re- 
ceived the  imperium  was  entitled  to  the  name  of 
imperator.  After  a  victory  it  was  usual  for  the  sol- 
diers to  salute  their  commander  as  imperator  ;  but 
this  salutation  neither  gave  nor  confirmed  the  title. 
Under  the  Republic,  observes  Tacitus,  there  were 
several  imperatores  at  a  time :  Augustus  granted 
the  title  to  some;  but  the  last  instance,  he  adds, 
of  the  title  being  conferred  was  in  the  case  of  Blae- 
sus,  under  Tiberius.  There  were,  however,  later 
instances.  The  assumption  of  the  praenomen  of 
imperator  by  Julius  Caesar2  was  a  manifest  usurpa- 
tion. Under  the  Republic  the  title  came  properly 
after  the  name ;  thus  Cicero,  when  he  was  procon- 
sul in  Cilicia,  could  properly  style  himself  M.  T. 
Cicero  Imperator,  for  the  term  merely  expressed 
that  he  had  the  imperium.  Tiberius  and  Claudius 
refused  to  assume  the  praenomen  of  imperator ;  but 
the  use  of  it  as  a  praenomen  became  established 
among  their  successors,  as  we  see  from  the  impe- 
rial coins.  The  title  imperator  sometimes  appears 
on  the  imperial  medals,  followed  by  a  numeral  (VI. 
for  instance),  which  indicates  that  it  was  specially 
assumed  by  them  on  the  occasion  of  some  great 
victory ;  for,  though  the  victory  might  be  gained  by 
their  generals,  it  was  considered  to  be  gained  under 
the  auspices  of  the  imperator. 

The  term  imperium  was  applied  in  the  republican 
period  to  express  the  sovereignty  of  the  Roman 
state.  Thus  Gaul  is  said  by  Cicero3  to  have  come 
under  the  imperium  and  ditio  of  the  populus  Ro- 
manus  ;  and  the  notion  of  the  majestas  populi  Ro- 
mani  is  said  to  be  "in  imperii  atque  in  nominis 
populi  Romani  dignitalc."* 

IMPLU'VIUM.     (Vid.  House,  Roman,  p.  516.) 

IMPU'BES.  An  infans  {vid.  Infans)  was  inca- 
pable of  doing  any  legal  act.  An  impubes,  who  had 
passed  the  limits  of  infantia,  could  do  any  legal  act 
with  the  auctoritas  of  his  tutor  ;  without  such  auc- 
toritas  he  could  only  do  those  acts  which  were  for 
his  benefit.  Accordingly,  such  an  impubes,  in  the 
case  of  obligatory  contracts,  could  stipulate  {stipula- 
ri),  but  not  promise  {promittere) ;  in  other  words,  as 
Gaius6  expresses  it,  a  pupillus  could  only  be  bound 
by  the  auctoritas  of  his  tutor,  but  he  could  bind  an- 
other without  such  auctoritas.     {Vid.  Infans.) 

But  this  remark  as  to  pupilli  does  not  apply  to 
those  who  are  infantes  or  infanti  proximi,  though  in 
the  case  of  the  infanti  proximi  a  liberal  interpreta- 
tion was  given  to  the  rule  of  law  {benignior  juris  in- 
terpretatio),  by  virtue  of  which  a  pupillus,  who  was 
infanti  proximus,  was  placed  on  the  same  footing 
as  one  who  was  pubertati  proximus,  but  this  was 
done  for  their  benefit  only  {propter  utilitalem  eorum), 
and,  therefore,  could  not  apply  to  a  case  where  the 
pupillus  might  be  a  loser.6  An  impubes  who  was 
in  the  power  of  his  father  could  not  bind  himself 
even  with  the  auctoritas  of  his  father ;  for,  in  the 
case  of  a  pupillus,  the  auctoritas  of  the  tutor  was 
only  allowed  in  respect  of  the  pupillus  having  prop- 
erty of  his  own,  which  a  son  in  the  power  of  his  fa- 
ther could  not  have. 

In  the  case  of  obligationes  ex  delicto,  the  notion 
of  the  auctoritas  of  a  tutor  was  of  course  excluded, 

*•  (Ann.,  iii.,  74.)— 2.  (Suet.,  Jul.,  76.)— 3.  (Pro  Font.,  1.)— 4. 
(Cic,  Or.  Part.,  30.— Compare  the  use  of  "Imperium"  in  Hor- 
w-e,  Carm.,  i.,  37;  iii.,  5.)— 5.  (iii.,  107.)-- 6.  (Compare  Inst.,i., 
'•t.  1,  s.  19,  s.  10,  with  Gaius,  iii.,  107.) 


as  such  auctoritas  was  only  requisite  for  the  yur- 
pose  of  giving  effect  to  rightful  acts.  If  the  impu- 
bes was  of  sufficient  capacity  to  understand  the  na- 
ture of  his  delict,  he  was  bound  by  it;  otherwise  ha 
was  not.  In  the  case  of  a  person  who  was  puber- 
tati proximus,  there  was  a  legal  presumption  of  sue)- 
capacity;  but  still,  this  presumption  did  not  exclude 
a  consideration  of  the  degree  of  understanding  of 
the  impubes  and  the  nature  of  the  act,  for  the  act 
might  be  such  as  either  to  be  perfectly  intelligible, 
as  theft,  or  it  might  be  an  act  which  an  impubes  im- 
perfectly understood,  as  when  he  was  made  the  in- 
strument of  fraud.  These  principles  were  applica- 
ble to  cases  of  furtum,  damnum  injuria  datum,  inju 
ria,  and  others  ;  and  also  to  crimes  in  which  the 
nature  of  the  act  mainry  determined  whether  or  not 
guilt  should  be  imputed. 

An  impubes  could  enter  into  a  contract  by  which 
he  was  released  from  a  debt,  but  he  could  not  re- 
lease a  debt  without  the  auctoritas  of  his  tutor. 
He  could  not  pay  money  without  his  tutor ;  nor  could 
he  receive  money  without  his  tutor,  at  least  it  was 
not  a  valid  payment,  because  such  payment  was,  as 
a  consequence,  followed  by  a  release  to  the  debtor. 
But  since  the  rule  as  to  the  incapacity  of  an  impu- 
bes was  made  only  to  save  him  from  loss,  he  could 
not  retain  both  the  money  and  the  claim. 

An  impubes  could  not  be  a  plaintiff  or  a  defend 
ant  in  a  suit  without  his  tutor.  He  could  acquire 
the  ownership  of  property  alone,  but  he  could  not 
alienate  it  without  the  consent  of  his  tutor,  nor  could 
he  manumit  a  slave  without  such  consent.  He 
could  contract  sponsalia  alone,  because  the  auctori- 
tas of  the  tutor  has  reference  only  to  property  :  if 
he  was  in  his  father's  power,  he  was,  of  course,  en- 
tirely under  his  father's  control. 

An  impubes  could  acquire  a  hereditas  with  th<» 
consent  of  his  tutor,  which  consent  was  necessary, 
because  a  hereditas  was  accompanied  with  obliga- 
tions. But  as  the  act  of  cretion  was  an  act  that 
must  be  done  by  the  heres  himself,  neither  his  tutor 
nor  a  slave  could  take  the  hereditas  for  a  pupillus, 
and  he  was,  in  consequence  of  his  age,  incapable  of 
taking  it  himself.  This  difficulty  was  got  over  by 
the  doctrine  of  pro  herede  gestio  :  the  tutor  might 
permit  the  pupillus  to  act  as  heres,  which  had  tne 
effect  of  cretion  :  and  this  doctrine  would  apply  even 
in  the  case  of  infantes,  for  no  expression  of  words 
was  necessary  in  order  to  the  pro  herede  gestio.  In 
the  case  of  the  bonorum  possessio,  the  father  could 
apply  for  it  on  behalf  of  his  child,  and  the  tutor  on 
behalf  of  his  ward,  without  any  act  being  done  by 
the  impubes.  By  the  imperial  legislation,  a  tutor 
was  allowed  to  acquire  the  hereditas  for  his  ward, 
and  a  father  for  his  son,  who  was  in  his  power ;  and 
thus  the  doctrine  of  the  pro  herede  gestio  was  ren- 
dered unnecessary. 

A  pupillus  could  not  part  with  a  possession  with- 
out the  auctoritas  of  a  tutor ;  for,  though  possession 
of  itself  was  no  legal  right,  legal  advantages  were 
attached  to  it.  As  to  the  acquisition  of  possession, 
possession  in  itself  being  a  bare  fact,  and  the  funda- 
mental condition  of  it  being  the  animus  possidendi, 
consequently  the  pupillus  could  only  acquire  posses- 
sion by  himself,  and  when  he  had  capacity  to  un- 
derstand the  nature  of  the  act.  But  with  the  auc- 
toritas of  his  tutor  he  could  acquire  possession  even 
when  he  was  an  infans,  and  thus  the  acquisition  of 
possession  by  a  pupillus  was  facilitated,  ulilitatis 
causa.  There  was  no  formal  difficulty  in  such  pos- 
session any  more  than  in  the  case  of  pro  herede 
gestio,  for  in  neither  instance  was  it  necessary  for 
words  to  be  used.  Subsequently  the  legal  doctrine 
was  established  that  a  tutor  could  acquire  posses- 
sion for  his  pupillus.1 


1.  (Dijr.  41,  tit.  2,  s.  1,  t>  20.) 


531 


IMPUBES. 


INAUGURATIO. 


With  the  attainment  of  pubertas,  a  person  ob- 
tained the  full  power  over  his  property,  and  the  tu- 
tela ceased :  he  could  also  dispose  of  his  property 
by  will ;  and  he  could  contract  marriage.  Accord- 
ing to  the  legislation  of  Justinian,1  pubertas,  in  the 
case  of  a  male,  was  attained  with  the  completion 
of  the  fourteenth,  and  in  a  female,  with  the  comple- 
tion of  the  twelfth  year.  In  the  case  of  a  female, 
it  seems  that  there  never  had  been  any  doubt  as  to 
the  period  of  the  twelve  years,  but  a  dispute  arose 
among  the  jurists  as  to  the  period  of  fourteen  years. 
The  Sabiniani  maintained  that  the  age  of  pubertas 
was  to  be  determined  by  physical  capacity  (liabitu 
corporis),  to  ascertain  which  a  personal  examination 
might  be  necessary  :  the  Proculiani  fixed  the  age  of 
fourteen  complete,  as  that  which  absolutely  deter- 
mined the  attainment  of  puberty.8  It  appears,  there- 
fore, that  under  the  earlier  emperors  there  was  some 
doubt  as  to  the  time  when  pubertas  was  attained, 
though  there  was  no  doubt  that  with  the  attainment 
of  puberty,  whatever  that  time  might  be,  full  legal 
capacity  was  acquired. 

Until  a  Roman  youth  assumed  the  toga  virilis,  he 
wore  the  toga  praetexta,  the  broad  purple  hem  of 
which  (prcetexta)  at  once  distinguished  him  from 
other  persons.  The  toga  virilis  was  assumed  at  the 
Liberalia  in  the  month  of  March  ;  and  though  no  age 
appears  to  have  been  positively  fixed  for  the  cere- 
mony, it  probably  took  place,  as  a  general  rule,  on 
the  feast  which  next  followed  the  completion  of  the 
fourteenth  year,  though  it  is  certain  that  the  com- 
pletion of  the  fourteenth  year  was  not  always  the 
time  observed.  Still,  so  long  as  a  male  wore  the 
prcetexta,  he  was  impubes,  and  when  he  assumed 
the  toga  virilis,  he  was  pubes.  Accordingly,  ves- 
ticeps3  was  the  same  as  pubes,  and  investis  or  prae- 
textatus  the  same  as  impubes.4  After  the  assump- 
tion of  the  toga  virilis  the  son  who  was  in  the  pow- 
er of  his  father  had  a  capacity  to  contract  debts  ; 
and  a  pupillus  was  released  from  the  tutela.  But 
if  neither  the  pupillus  wished  to  get  rid  of  his  tutor, 
nor  the  tutor  to  be  released  from  the  responsibility 
of  his  office  (for  which  he  received  no  emolument), 
the  period  of  assuming  the  toga  virilis  might  be  de- 
ferred. If  the  pupillus  and  the  tutor  could  not  agree, 
it  might  be  necessary  that  there  should  be  a  judicial 
decision.  In  such  case  the  Proculiani  maintained 
as  a  theoretical  question,  that  the  age  of  fourteen 
should  be  taken  as  absolutely  determining  the  ques- 
tion, fourteen  being  the  age  after  the  attainment  of 
which  the  praetexta  had  been  generally  laid  aside. 
The  Sabiniani  maintained  that,  as  the  time  of  puber- 
ty had  never  been  absolutely  fixed,  but  had  depend- 
ed on  free  choice,  some  other  mode  of  deciding  the 
question  must  be  adopted,  where  free  choice  was 
out  of  the  question,  and  therefore  they  adopted  that 
of  the  physical  development  (habitus  corporis).  But, 
though  there  are  allusions  to  this  matter,5  there  is 
no  evidence  to  show  that  inspection  of  the  person 
was  ever  actually  resorted  to  in  order  to  determine 
the  age  of  puberty.  It  appears  that  the  completion 
of  fourteen  years  was  established  as  the  commence- 
ment of  pubertas.  The  real  foundation  of  the  rule 
as  to  the  fourteen  and  the  twelve  years  appears  to 
be,  that  in  the  two  sexes  respectively,  puberty  was, 
as  a  general  rule  in  Italy,  attained  about  these  ages. 
In  the  case  of  females,  the  time  had  been  fixed  ab- 
solutely at  twelve  by  immemorial  custom,  and  had 
no  reference  to  any  practice  similar  to  that  among 
males  of  adopting  the  toga  virilis,  for  women  wore 
the  toga  praetexta  till  they  were  married.  And,  far- 
ther, though  the  pupillaris  tutela  ended  with  females 


1.  (Instit.,  i.,  tit.  22.)  —  2.  (Gams,  i.,  196.  —  Ulp.,  Frag.,  xi., 
88.)  --  3.  (Festus,  s.  v.)  —4.  (Gell.,  v.,  19  :  "  Veaticeps.")  —  5. 
(Qui.ict.,  Inst.  Or. ,  iv.,  2.) 
532 


with  the  twelfth  year,  they  were  from  that  time  sub- 
ject  to  another  kind  of  tutela. 

A  male  had  a  capacity  to  make  a  will  upon  com- 
pleting his  fourteenth,  and  a  female  upon  completing 
her  twelfth  year  ;*  and  the  same  ages,  as  already 
observed,  determined  the  capacity,  in  the  two  sexes, 
for  contracting  a  legal  marriage.  The  dispute  be- 
tween the  two  schools  as  to  the  time  when  the 
male  attained  the  age  of  puberty,  appears  to  have 
had  reference  to  the  termination  of  the  tutela,  and 
his  general  capacity  to  do  legal  acts ;  for  the  test 
of  the  personal  examination  could  hardly,  from  the 
nature  of  the  case,  apply  to  the  capacity  to  make  a 
will  or  contract  a  marriage,  as  Savigny  shows. 

Spadones  (males  who  could  never  attain  physical 
pubertas)  might  make  a  testament  after  attaining 
the  age  of  eighteen.2 

INAUGURA'TIO  was  in  general  the  ceremony 
by  which  the  augurs  obtained,  or  endeavoured  to 
obtain,  the  sanction  of  the  gods  to  something  which 
had  been  decreed  by  man  ;  in  particular,  however, 
it  was  the  ceremony  by  which  things  or  persons 
were  consecrated  to  the  gods,  whence  the  terms 
dedicatio  and  consecratio  were  sometimes  used  as 
synonymous  with  inauguration  The  ceremony  of 
inauguratio  was  as  follows :  After  it  had  been  decreed 
that  something  should  be  set  apart  for  the  service 
of  the  gods,  or  that  a  certain  person  should  be  ap- 
pointed priest,  a  prayer  was  addressed  to  the  gods 
by  the  augurs  or  other  priests,  soliciting  them  to  de- 
clare by  signs  whether  the  decree  of  men  was  agree- 
able to  the  will  of  the  gods.*  If  the  signs  observed 
by  the  inaugurating  priest  were  thought  favourable, 
the  decree  of  men  had  the  sanction  of  the  gods,  and 
the  inauguratio  was  completed.  The  inauguratio 
was,  in  early  times,  always  performed  by  the  au- 
gurs ;  but  subsequently  we  find  that  the  inaugurate 
especially  that  of  the  rex  sacrificulus  and  of  the 
flamines,  was  sometimes  performed  by  the  college 
of  pontiffs  in  the  comitia  calata.5  But  all  other 
priests,  as  well  as  new  members  of  the  college  of 
augurs,  continued  to  be  inaugurated  by  the  augurs, 
or  sometimes  by  the  augurs  in  combination  with 
some  of  the  pontiffs  ;6  the  chief  pontiff  had  the  right 
to  enforce  the  inauguratio,  if  it  was  refused  by  the 
augurs,  and  if  he  considered  that  there  was  not  suf- 
ficient ground  for  refusing  it.  Sometimes  one  au- 
gur alone  performed  the  rite  of  inauguratio,  as  in 
the  case  of  Numa  Pompilius  ;7  and  it  would  seem 
that  in  some  cases  a  newly-appointed  priest  might 
himself  not  only  fix  upon  the  day,  but  also  upon  the 
particular  augur  by  whom  he  desired  to  be  inaugu- 
rated.8 

During  the  kingly  period  of  Rome,  this  inaugura- 
tion of  persons  was  not  confined  to  actual  priests  ; 
but  the  kings,  after  their  election  by  the  populus, 
were  inaugurated  by  the  augurs,  and  thus  became 
the  high-priests  of  their  people.  After  the  civil  and 
military  power  of  the  kings  had  been  conferred  upon 
the  consuls,  and  the  office  of  high-priest  was  given 
to  a  distinct  person,  the  rex  sacrorum,  he  was,  as  sta- 
ted above,  inaugurated  by  the  pontiffs  in  the  comitia 
calata,  in  which  the  chief  pontiff  presided.  But  the 
high  republican  magistrates,  nevertheless,  likewise 
continued  to  be  inaugurated,9  and  for  this  purpose 
they  were  summoned  by  the  augurs  (condictio,  de- 
nunciatio)  to  appear  on  the  Capitol  on  the  third  day 
after  their  election.10  This  inauguratio  conferred 
no  priestly  dignity  upon  the  magistrates,  but  was 
merely  a  method  of  obtaining  the  sanction  of  the 

1.  (Gaius,  ii.,  113. — Paulus,  S.  R.,  iii.,  tit.  4,  a.)  —  2.  (Savig- 
ny, System  des  heut.  R.  R.)— 3.  (Liv.,  i.,  44,  55.  —  Flor.,  i.,  7, 
8.— Plin.,  Ep.,  ix.,  39  ;  x.,  58,  59,  76.  —  Cic.  in  Cat.,  iv.,  1.)— 4. 
(Liv.,  i.,  18.)— 5.  (Gell.,  xv.,  27.)— 6.  (Liv.,  xxvii.,  8.  —  Id.,  xl., 
42.) — 7.  (Liv.,  i.,  18. — Compare  Cic,  Brut.,  1.  —  Macrob  ,  Sat., 
ii.,  ».)— 8.  (Cic,  1.  c— Philipp.,  ii.,  43.)  —  9.  (Dion.  ;Ial.  ::.,  p 
80,  &c)— 10.  (Serv.  ad  Virg.,  -En.,  hi.,  117.) 


INAUR1S. 


INCITEGA. 


gods  to  tneir  election,  and  gave  them  the  right  to 
take  auspicia ;  and  on  important  emergencies  it  was 
their  duty  to  make  use  of  this  privilege.  At  the 
time  of  Cicero,  however,  this  duty  was  scarcely 
ever  observed.1  As  nothing  of  any  importance  was 
ever  introduced  or  instituted  at  Rome  without  con- 
sulting the  pleasure  of  the  gods  by  augury,  we  read 
of  the  inauguratio  of  the  tribes,  of  the  comitium,  &c. 

INAURIS,  an  Earring  ;  called  in  Greek  huriov, 
because  it  was  worn  in  the  ear  (ovc),  and  k2.2,66iov, 
because  it  was  inserted  into  the  lobe  of  the  ear  (Ao- 
66c;),  which  was  bored  for  the  purpose.2 

Earrings  were  worn  by  both  sexes  in  Oriental 
countries,3  especially  by  the  Lydians,*  the  Per- 
sians,5 the  Babylonians,6  and  also  by  the  Libyans7 
and  the  Carthaginians.8  Among  the  Greeks  and 
Romans  they  were  worn  only  by  females. 

This  ornament  consisted  of  the  ring  (/cpkoc9)  and 
of  the  drops  (stalagmia10).  The  ring  was  generally 
of  gold,  although  the  common  people  also  wore 
earrings  of  bronze.  See  Nos.  1,  4,  from  the  Egyp- 
tian collection  in  the  British  Museum,    Instead  of 


<zs 


a  ring,  a  hook  was  often  used,  as  shown  in  Nos.  6, 
8.  The  women  of  Italy  still  continue  the  same 
practice,  passing  the  hook  through  the  lobe  of  the 
ear  without  any  other  fastening.  The  drops  were 
sometimes  of  gold,  very  finely  wrought  (see  Nos. 
2,  7,  8),  and  sometimes  of  pearls11  and  precious 
stones  (Nos.  3,  5,  6).  The  pearls  were  valued  for 
being  exactly  spherical,13  as  well  as  for  their  great 
size  and  delicate  whiteness  ;  but  those  of  an  elon- 
gated form,  called  elenchi,  were  also  much  esteemed, 
being  adapted  to  terminate  the  drop,  and  being  some- 
times placed  two  or  three  together  for  this  purpose.13 
In  the  Iliad,1*  Juno,  adorning  herself  in  the  most  cap- 
tivating manner,  puts  on  earrings  made  with  three 
drops  resembling  mulberries.15  Pliny  observes16 
that  greater  expense  was  lavished  on  no  part  of  the 
dress  than  on  the  earring.  According  to  Seneca,17 
the  earring  No.  3,  in  the  preceding  woodcut,  in 
which  a  couple  of  pearls  are  strung  both  above  and 
below  the  precious  stone,  was  worth  a  patrimony.18 
All  the  earrings  above  engraved  belong  to  the 
Hamilton  collection  in  the  British  Museum. 

1.  (Cic,  De  Divin.,  ii.,  36.)— 2.  (Horn.,  il.,xiv.,  182.— Hymn., 
ii.,  in  Ven.,  9.— Plin.,  H.  N.,  xii.,  1.)— 3.  (Plin.,  H.  N.,  xi.,  50.) 
—4.  (Xcn.,  Anab.,  iii.,  1,  i>  31.)— 5.  (Diod.  Sic,  v..  45.)— 6. 
(Ju',i.,  104.)— 7.  (Macrob.,  Sat.,  vii.,  3.)  — 8.  (Plaut.,  Poen., 
V.,  ii.,  21.)— 9.  (Diod.  Sic,  1.  c.)  — 10.  (Festus,  s.  v.— Plaut., 
Men.,  III.,  iii.,  18.)— 11.  (Plin.,  11.  cc— Sen.,  De  Ben.,  vii.,  9.— 
Ovid,  Met.,  x.,  265.— Claud.,  De  VI.  Cons.  Honor.,  528.— Sen., 
Hippol.,  H.,  i.,  33.)— 12.  (Hor.,  Epod.,  viii.,  13.)— 13.  (Plin.,H. 
N.,  ix.,56.—  Juv.,  vi.,  364.)— 14.  (xiv.,  182,  183.)— 15.  (See  Eus- 
tath,,  ad  loc.)— 10.  (xi.,  50.)— 17.  (1.  c.)— 18.  (See  also  De  Vita 
Beata,  17.) 


In  opulent  families,  the  care  of  the  earrings  was 
the  business  of  a  female  slave,  who  was  called 
Auricula  Ornatrix.1  The  Venus  de'  Medici,  and 
other  female  statues,  have  the  ears  pierced,  and 
probably  once  had  earrings  in  them.  The  statue 
of  Achilles  at  Sigeum,  representing  him  in  female 
attire,  likewise  had  this  ornament.2 

INCENSUS.     (Vid.  Caput.) 

INCESTUM.  If  a  man  married  a  woman  whom 
it  was  forbidden  for  him  to  marry  by  positive  moral- 
ity, he  was  said  to  commit  incestum.3  Such  a  mar- 
riage was,  in  fact,  no  marriage,  for  the  necessary 
connubium  between  the  parties  was  wanting. 

There  was  no  connubium  between  persons  rela- 
ted by  blood  in  the  direct  line,  as  parents  and  chil- 
dren. If  such  persons  contracted  a  marriage,  it 
was  nefariae  et  incestae  nuptiae.  There  was  no 
connubium  between  persons  who  stood  in  the  rela- 
tion of  parent  and  child  by  adoption,  not  even  after 
the  adopted  child  was  emancipated.  There  were 
also  restrictions  as  to  connubium  between  collater- 
al kinsfolk  (ex  transverso  grain  cognationis) :  there 
was  no  connubium  between  brothers  and  sisters, 
either  of  the  whole  or  of  the  half  blood  ;  nor  be- 
tween children  of  the  blood  and  children  by  adop- 
tion, so  long  as  the  adoption  continued,  or  so  long 
as  the  children  of  the  blood  remained  in  the  power 
of  their  father.  There  was  connubium  between  an 
uncle  and  his  brother's  daughter,  after  the  Emperor 
Claudius  had  set  the  example  by  marrying  Agrip- 
pina ;  but  there  was  none  between  an  uncle  and  a 
sister's  daughter.  There  was  no  connubium  be- 
tween a  man  and  his  amita  or  matertera  (vid.  Cog- 
nati)  ;  nor  between  a  man  and  his  socrus,  nurus, 
privigna,  ornoverca.  In  all  such  cases,  when  there 
was  no  connubium,  the  children  had  a  mother,  but 
no  legal  father. 

Incest  between  persons  in  the  direct  line  was 
punishable  in  both  parties  ;  in  other  cases  only  in 
the  man.  The  punishment  was  relegatio,  as  in  the 
case  of  adultery.  Concubinage  between  near  kins- 
folk was  put  on  the  same  footing  as  marriage.*  In 
the  case  of  adulterium  and  stuprum  between  per- 
sons who  had  no  connubium,  there  was  a  double 
offence  :  the  man  was  punished  with  deportatio, 
and  the  woman  was  subject  to  the  penalties  of  the 
lex  Julia.5  Among  slaves  there  was  no  incestum, 
but  after  they  became  free  their  marriages  were 
regulated  according  to  the  analogy  of  the  connu- 
bium among  free  persons.  It  was  incestum  to  have 
knowledge  of  a  vestal  virgin,  and  both  parties  were 
punished  with  death. 

It  does  not  appear  that  there  was  any  legislation 
as  to  incestum  :  the  rules  relating  to  it  were  found- 
ed on  usage  (moribus).  That  which  was  stuprum 
was  considered  incestum  when  the  connexion  was 
between  parties  who  had  no  connubium.  Inces- 
tum, therefore,  was  stuprum,  aggravated  by  the 
circumstance  of  real  or  legal  consanguinity,  and,  in 
some  cases,  affinity.  It  was  not  the  form  of  mar- 
riage between  such  persons  that  constituted  the  in- 
cestum ;  for  the  nuptiae  were  incestae,  and  therefore 
no  marriage,  and  the  incestuous  act  was  the  sexual 
connexion  of  the  parties.  Sometimes  incestum  is 
said  to  be  contra  fas,  that  is,  an  act  in  violation  of 
religion. 

INCITE'GA,  a  corruption  of  the  Greek  dyyoffr/Kfj 
or  hyyvdfjKT],  a  term  used  to  denote  a  piece  of  domestic 
furniture,  variously  formed  according  to  the  partic 
ular  occasion  intended  ;  made  of  silver,  bronze, 
clay,  stone,  or  wood,  according  to  the  circumstan- 
ces of  the  possessor  ;  sometimes  adorned  with  fig- 
ures ;  and  employed  to  hold  amphorae,  bottles,  ala 


1.  (Gruter,  Inscrip.)— 2.  (Serv.  inViig.,  JEn.,  i.,30.—  T«!rtull., 
De  Pall.,  4.)— 3.  (Dig.  23,  tit.  2,  s.  39.)— 4.  (Dig.  23,  tit.  2,  is, 
56.)—5.  (Dig.  48,  tit.  18,  s.  5.) 

533 


INCUS. 


INFAMIA. 


oastra.  or  any  other  vessels  which  were  round  or 
pointed  at  the  hottom,  and  therefore  required  a  sep- 
arate contrivance  to  keep  them  erect.1  Some  of 
those  used  at  Alexandrea  were  triangular.2  We 
often  see  them  represented  in  ancient  Egyptian 
paintings.  The  annexed  woodcut  shows  three  ay- 
■yodqucu,  which  are  preserved  in  the  British  Mu- 
seum. Those  on  the  right  and  left  hand  are  of 
wood,  the  one  having  four  feet,  the  other  six ;  they 
were  found  in  Egyptian  tombs.  The  third  is  a 
broad  earthenware  ring,  which  is  used  to  support  a 
Grecian  amphora. 


INCORPORATES  RES.     (Vid.  Dominium.) 
INCUNA'BULA  or  CUNA'BULA  (ondpyavov), 
swaddling-clothes. 

The  first  thing  done  after  the  birth  of  a  child  was 
to  wash  it ;  the  second,  to  wrap  it  in  swaddling- 
clothes  ;  and  the  rank  of  the  child  was  indicated  by 
the  splendour  and  costliness  of  this,  its  first  attire. 
Sometimes  a  fine  white  shawl,  tied  with  a  gold 
band,  was  used  for  the  purpose  ;3  at  other  times  a 
small  purple  scarf,  fastened  with  a  brooch*  (xXajuv- 
dtov5).  The  poor  used  broad  fillets  of  common 
cloth  (panni6).     The  annexed  woodcut,  taken  from 


a  beautiful  bas-relief  at  Rome,  which  is  supposed  to 
refer  to  the  birth  of  Telephus,  shows  the  appear- 
ance of  a  child  so  clothed,  and  renders,  in  some 
degree,  more  intelligible  the  fable  of  the  deception 
practised  by  Rhea  upon  Saturn,  in  saving  the  life 
of  Jupiter,  by  presenting  a  stone  enveloped  in 
swaddling-clothes,  to  be  devoured  by  Saturn  in- 
stead of  his  new-born  child.7  It  was  one  of  the  pe- 
culiarities of  the  Lacedaemonian  education  to  dis- 
pense with  the  use  of  incunabula,  and  to  allow 
children  to  enjoy  the  free  use  of  their  limbs.8 

INCUS  (juKftw),  an  Anvil.    The  representations 
of  Vulcan  and  the  Cyclopes  on  various  works  of 

1.  (Festus,  s.  v.  Incitega. — Bekker,  Anecdot.  Gr.,  245. — Wil- 
kinson, Man.  and  Customs,  ii.,  p.  158,  160,  216,  217.)— 2.  (Alli- 
en., v.,  45.)— 3.  (Horn.,  Hymn,  in  Apoll.,  121,  122.)— 4.  (Pind., 
IVth.,  iv.,  114.)— 5.  (Longus,  i.,  1,  p.  14,  28,  ed.  Boden.)— 6. 
(Luke,  ii.,  7,  12.— Ezek.,  xvi.,  4,  Vulg.— Compare  Horn.,  Hymn, 
in  Merc,  151,  306.— ApoUod.,  iii.,  10,  2.— ^Elian,  V.  H.,  ii.,  7.— 
Eurip.,  Ion,  32.— Dion.  Chrys.,  vi.,  203,  ed.  Reiske.— Plaut., 
Amphit.,v.,  1,52.— True.,  v.,  13.)— 7.  (lies.,  Theog.,  485.)— 8. 
/Dlut.,  Lycurg.,  p.  90,  ed  Steph.) 
534 


art,  show  that  the  ancient  anvil  wa3  formed  like 
that  of  modern  times.  When  the  artist  wanted  to 
make  use  of  it,  he  placed  it  on  a  large  block  of 
wood  (uK/xodsTov  ;l  positis  incudibus2) ;  and  when  he 
made  the  link  of  a  chain,  or  any  other  object  which 
was  round  or  hollow,  he  beat  it  upon  a  point  pro- 
jecting from  one  side  of  the  anvil.  The  annexed 
woodcut,  representing  Vulcan  forging  a  thunderbolt 


INDU'SIUM. 
I'NDUTUS. 
INFA'MIS. 
INFA'MIA. 


for  Jupiter,  illustrates  these  circumstances  ;  it  is  la- 
ken  from  a  gem  in  the  Royal  Cabinet  at  Paris.  It 
appears  that  in  the  "  brazen  age,"  not  only  the 
things  made  upon  the  anvil,  but  the  anvil  itself, 
with  the  hammer  and  the  tongs,  were  made  ot 
bronze.3  (Vid.  Malleus.)  At  this  early  period 
anvils  were  used  as  an  instrument  of  torture,  being 
suspended  from  the  feet  of  the  victim.* 

*INDTCUM  ('IvdiKov).  "  Dioscorides  applies  the 
term  'Ivducov  to  two  distinct  substances ;  the  one  is 
the  vegetable  pigment  still  called  Indigo,  which  is 
prepared  from  the  leaves  and  stalks  of  the  Indigt» 
plant.  Several  species  are  now  cultivated  for  ma 
king  indigo,  but  the  one  from  which  the  ancients 
may  be  supposed  to  have  procured  their  indigo  is 
the  Indigofera  tinctoria.  The  other  kind  of  indigo 
was,  most  probably,  the  mineral  substance  called 
Indian  Red,  and  which  is  a  variety  of  the  red  oxyde 
of  iron."5 

(Vid.  Tunica.) 
(Vid.  Amictus,  Tunica.) 
(Vid.  Infamia.) 

The  provisions  as  to  infamia,  as 
they  appear  in  the  legislation  of  Justinian,  are  con- 
tained in  Dig.  3,  tit.  2,  De  his  qui  notantur  infamia, 
and  in  Cod.  2,  tit.  12,  Ex  quibis  causis  infamia  ir- 
rogatur.  The  Digest  contains6  the  cases  of  infamia 
as  enumerated  in  the  praetor's  edict.  There  are 
also  various  provisions  on  the  subject  in  the  lex 
Julia  Municipalis  (B.C.  45),  commonly  called  the 
Table  of  Heraclea. 

Infamia  was  a  consequence  of  condemnation  in 
any  judicium  publicum,  of  ignominious  (ignominia 
causa)  expulsion  from  the  army,7  of  a  woman  being 
detected  in  adultery,  though  she  might  rot  have 
been  condemned  in  a  judicium  publicum,  &c.  ;  of 
condemnation  for  furtum,  rapina,  injuriae,  and  dolus 
malus,  provided  the  offender  was  condemned  in  his 
own  name,  or  provided  in  his  own  name  he  paid  a 
sum  of  money  by  way  of  compensation  ;  of  con- 
demnation in  an  action  pro  socio,  tutelae,  mandatum, 
depositum,  or  fiducia,8  provided  the  offender  was 
condemned  in  his  own  name,  and  not  in  a  judicium 
contrarium,  and  provided  the  person  condemned 

1.  (Horn.,  II.,  xviii.,  410,  476.— Od,  viii.,  274.)— 2.  (Virg., 
Mn.,  vii.,  620.— Id.  ib.,  viii.,  451.)— 3.  (Horn.,  Od.,  iii.,  433, 434. 
—  Apollon.  Rhod.,  iv.,  761,  762.)— 4.  (Horn.,  II.,  xv.,  19.)  — 
5.  (Dioscor.,  v.,  107.— Paul.  jEgin.,  vii.,  3.— Adams,  Append.,  s. 
v.)— 6.  (s.  1.)— 7.  (Tab.  Heraol.,  i.,  121.)  — 8.  (Compare  the 
Edict  with  Oic,  Pro  Rose.  Com.,  6.— Pro  Rose.  Amer.,  38,  39.— 
Pro  Caecina,  2.— Top.,  c.  10.  -Tab.  Heracl.,  i.,  111.) 


iNFAMIA 


INFAMIA. 


had  not  acted  with  good  faith.  Inlamia  was  also  a 
consequence  of  insolvency,  when  a  man's  bona 
were  possessa,  proscripta,  vendita  ;x  of  a  widow 
marrying  within  the  time  appointed  for  mourning ; 
but  the  infamia  attached  to  the  second  husband  if 
he  was  a  paterfamilias,  and  if  he  was  not,  then  to 
his  father,  and  to  the  father  of  the  widow  if  she 
was  in  his  power :  the  edict  does  not  speak  of  the 
infamia  of  the  widow,  but  it  was  subsequently  ex- 
tended to  her.  Infamia  was  a  consequence  of  a 
man  being  at  the  same  time  in  the  relation  of  a 
double  marriage  or  double  sponsalia  ;  the  infamia 
attached  to  the  man  if  he  was  a  paterfamilias,  and 
if  he  was  not,  to  his  father :  the  edict  here  also 
speaks  only  of  the  man,  but  the  infamia  was  subse- 
quently extended  to  the  woman.  Infamia  was  a 
consequence  of  prostitution  in  the  case  of  a  woman, 
of  similar  conduct  in  a  man  (qui  muliebria  passus 
est) ;  of  lenocinium,  or  gaining  a  living  by  aiding  in 
prostitution  ;2  of  appearing  on  a  public  stage  as  an 
actor ;  of  engaging  for  money  to  appear  in  the  fights 
of  the  wild  beasts,  even  if  a  man  did  not  appear; 
and  of  appearing  there,  though  not  for  money. 

It  results  from  this  enumeration  that  infamia  was 
only  the  consequence  of  an  act  committed  by  the 
person  who  became  infamis,  and  was  not  the  con- 
sequence of  any  punishment  for  such  act.  In  some 
cases  it  only  followed  upon  condemnation ;  in  oth- 
ers it  was  a  direct  consequence  of  an  act,  as  soon 
as  such  act  was  notorious. 

It  has  sometimes  been  supposed  that  the  praetor 
established  the  infamia  as  a  rule  of  law,  which, 
however,  was  not  the  case.  The  praetor  made  cer- 
tain rules  as  to  postulatio,8  for  the  purpose  of  main- 
taining the  purity  of  his  court.  With  respect  to  the 
postulatio,  he  distributed  persons  into  three  class- 
es. The  second  class  comprehended,  among  oth- 
ers, certain  persons  who  were  turpitudine  notabiles, 
who  might  postulate  for  themselves,  but  not  for 
others.  The  third  class  contained,  among  others, 
all  those  "  qui  edicto  pratoris  ut  infames  notantur" 
and  were  not  already  enumerated  in  the  second 
class.  Accordingly,  it  was  necessary  for  the  prae- 
tor to  enumerate  all  the  infames  who  were  not  in- 
cluded in  the  second  class,  and  this  he  did  in  the 
edict  as  quoted.4  Consistently  with  this,  infamia 
was  already  an  established  legal  condition ;  and  the 
praetor,  in  his  edicts  on  postulation,  did  not  make  a 
class  of  persons  called  infames,  but  he  enumerated 
as  persons  to  be  excluded  from  certain  rights  of  pos- 
tulation those  who  were  infames.  Consequently, 
the  legal  notion  of  infamia  was  fixed  before  these 
edicts. 

It  is  necessary  to  distinguish  infamia  from  the 
nota  censoria.  The  infamia  does  not  seem  to  have 
been  created  by  written  law,  but  to  have  been  an 
old  Roman  institution.  In  many  cases,  though  not 
in  all,  it  was  a  consequence  of  a  judicial  decision. 
The  power  of  the  censors  was  in  its  effects  anal- 
ogous to  the  infamia,  but  different  from  it  in  many 
respects.  The  censors  could  at  their  pleasure  re- 
move a  man  from  the  senate  or  the  equites,  remove 
him  into  a  lower  tribe,  or  remove  him  out  of  all  the 
tribes,  and  so  deprive  him  of  his  suffragium,  by  re- 
ducing him  to  the  condition  of  an  aerarius.5  They 
could  also  affix  a  mark  of  ignominy  or  censure  op- 
posite to  a  man's  name  in  the  list  of  citizens,  nota 
censoria  or  subscriptio  ;•  and  in  doing  this,  they 
were  not  bound  to  make  any  special  inquiry,  but 
might  follow  general  opinion.  This  arbitrary  mode 
of  proceeding  was,  however,  partly  remedied  by  the 
fact  that  such  a  censorian  nota  might  be  opposed  by 

1.  (Cic,  Pro  Quint.,  15.— Tab.  Heracl.,  i.,  113-117.— Gaius, 
ii.,  154.)— 2.  (Tab.  Ilerad..  i.,  123.)— 3.  (Dig.  3,  tit.  1,  s.  1.)— 
4.  (Dig.  3,  tit.  2,  s.  1.)— 5.  (Cic,  Pro  Cluent.,  43.  45.)— 6.  (Cic, 
Pio  Cluent.,  42,  43,  44,  46,  47.) 


a  colleague,  or  removed  by  the  following  censors 
or  by  a  judicial  decision,  *>r  by  a  lex.  Accordingly 
the  censorian  nota  was  not  perpetual,  and  therein 
it  differed  essentially  from  infamia,  which  was  per- 
petual. 

The  consequences  of  infamia  were  the  loss  ol 
certain  political  rights,  but  not  all.  It  was  not  a 
capitis  deminutio,  but  it  resembled  it.  The  infamis 
became  an  aerarius,  and  lost  the  suffragium  and 
honores  ;  that  is,  he  lost  the  capacity  for  certain 
so-called  public  rights,  but  not  the  capacity  for  pri- 
vate rights.  Under  the  Empire,  the  infamia  lost 
its  effect  as  to  public  rights,  for  such  rights  became 
unimportant. 

It  might  be  doubted  whether  the  loss  of  the  suf- 
fragium was  a  consequence  of  infamia,  but  the  af- 
firmative side  is  maintained  by  Savigny  with  such 
reasons  as  may  be  pronounced  completely  conclu- 
sive. It  appears  from  Livy1  and  Valerius  Maxi- 
mus*  that  the  actores  atellanarum  were  not  either 
removed  from  their  tribe  (nee  tribu  moventur),  nor 
incapable  of  serving  in  the  army  :  in  other  words, 
such  actors  did  not  become  infames,  like  other  act- 
ors. The  phrase  "  tribu  moveri"  is  ambiguous,  and 
may  mean  either  to  remove  from  one  tribe  to  a 
lower,  or  to  move  from  all  the  tribes,  and  so  make 
a  man  an  aerarius.  Now  the  mere  removing  from 
one  tribe  to  another  must  have  been  an  act  of  the 
censors  only,  for  it  was  necessary  to  fix  the  tribe 
into  which  the  removal  was  made:  but  this  could 
not  be  the  case  in  a  matter  of  infamia,  which  was 
the  effect  of  a  general  rule,  and  a  general  rule  could 
only  operate  in  a  general  way ;  that  is,  "  tribu  mo- 
veri" as  a  consequence  of  infamia,  must  have  been 
a  removal  from  all  the  tribes,  and  a  degradation  i  o 
the  state  of  an  aerarius.3 

The  lex  Julia  Municipalis  does  not  contain  thy 
word  infamia,  but  it  mentions  nearly  the  same  cri- 
ses as  those  which  the  edict  mentions  as  cases  of 
infamia.  The  lex  excludes  persons  who  fall  with- 
in its  terms  from  being  senatores,  decuriones,  con- 
scripti  of  their  city,  from  giving  their  vote  in  the 
senate  of  their  city,  and  from  magistracies  which 
gave  a  man  access  to  the  senate  :  but  it  says  no- 
thing of  the  right  of  vote  being  taken  away.  Sa- 
vigny observes  that  there  would  be  no  inconsisten- 
cy in  supposing  that  the  lex  refused  only  the  hono- 
res in  the  municipal  towns,  while  it  still  allowed 
infames  to  retain  the  suffragium  in  such  towns, 
though  the  practice  was  different  in  Rome,  if  we 
consider  that  the  suffragium  in  the  Roman  comitia 
was  a  high  privilege,  while  in  the  municipal  towns 
it  was  comparatively  unimportant. 

Cicero*  speaks  of  the  judicia  fiduciae,  tutelae, 
and  societatis  as  "  summce.  existimationis  et  pene 
capitis."  In  another  oration5  he  speaks  of  the  pos- 
sessio  bonorum  as  a  capitis  causa,  and,  in  fact,  as 
identical  with  infamia.  This  capitis  minutio,  how- 
ever, as  already  observed,  affected  only  the  public 
rights  of  a  citizen  ;  whereas  the  capitis  deminutio 
of  the  imperial  period,  and  the  expression  capitalis 
causa,  apply  to  the  complete  loss  of  citizenship. 
This  change  manifestly  arose  from  the  circum- 
stance of  the  public  rights  of  the  citizens  under  the 
Empire  having  become  altogether  unimportant,  and 
thus  the  phrase  capitis  deminutio,  under  the  Empire, 
applies  solely  to  the  individual's  capacity  for  private 
rights. 

In  his  private  rights  the  infamis  was  under  some 
incapacities.  He  could  only  postulate  before  the 
praetor  on  his  own  behalf,  and  on  behalf  of  certain 
persons  who  were  very  nearly  related  to  him,  but 
not  generally  on  behalf  of  all  persons.  Consequent 
ly,  he  could  not  generally  be  a  cognitor  or  a  procu 


1.  (vii.,  2.)— 2.  (ii.,  4.  «  4.)— 3.  (Compare  Liv..  4f    15.) -4 
(Pro  Ruic  Cuui.,  ft.)— 5.  (Pro  Quint.,  8,  9,  13,  15,  22.) 

535 


1JNFAMIA. 


INFAM1A. 


lator.  Nor  could  a  cause  of  action  be  assigned  to 
him,  for  by  the  old  law  he  must  sue  as  the  cognitor 
or  procurator  of  the  assignor  ;l  but  this  incapacity 
became  unimportant  when  the  cessio  was  effected 
by  the  utiles  actiones  without  the  intervention  of 
a  cognitor  or  procurator.  The  infamis  could  not 
sustain  a  popularis  actio,  for  in  such  case  he  must 
be  considered  as  a  procurator  of  the  state.  The 
infamis  was  also  limited  as  to  his  capacity  for  mar- 
riage, an  incapacity  which  originated  in  the  lex  Ju- 
lia.8 This  lex  prohibited  senators,  and  the  children 
of  senators,  from  contracting  marriage  with  liber- 
tini  and  libertinse,  and  also  with  other  disreputable 
persons  enumerated  in  the  lex :  it  also  forbade  all 
freemen  from  marrying  with  certain  disreputable 
women.  The  jurists  made  the  following  change  : 
they  made  the  two  classes  of  disreputable  persons 
the  same,  which  were  not  the  same  before,  and 
they  extended  the  prohibition,  both  for  senators  and 
others,  to  all  those  whom  the  edict  enumerated  as 
infames.  The  provisions  of  the  lex  Julia  did  not 
render  the  marriage  null,  but  it  deprived  the  parties 
to  such  marriage  of  the  privileges  conferred  by  the 
lex  ;  that  is,  such  a  marriage  did  not  release  them 
from  the  penalties  of  celibacy.  A  senatus  consult- 
um,  under  M.  Aurelius,  however,  made  such  mar- 
riage null  in  certain  cases.3 

INFAMIA  (GREEK)  (anpla).     A  citizen  of  Ath- 
ens had  the  power  to  exercise  all  the  rights  and 
privileges  of  a  citizen  as  long  as  he  was  not  suf- 
fering under  any  kind  of  atimia,  a  word  which  in 
meaning  nearly  answers  to  our  outlawry,  in  as  far 
as  a  person  forfeited  by  it  the  protection  of  the  laws 
of  his  country,  and  mostly  all  the  rights  of  a  citizen 
also.    The  atimia  occurs  in  Attica  as  early  as  the 
legislation  of  Solon,  without  the  term  itself  being  in 
any  way  defined  in  the  laws,*  which  shows  that  the 
idea  connected  with  it  must,  even  at  that  time,  have 
been  familiar  to  the  Athenians,  and  this  idea  was 
prcbably  that  of  a  complete  civil  death  ;  that  is,  an 
individual  labouring  under  atimia,  together  with  all 
that  belonged  to  him  (his  children  as  well  as  his 
property),  had,  in  the  eyes  of  the  state  and  the  laws, 
no  existence  at  all.     This  atimia,  undoubtedly  the 
only  one  in  early  times,  may  be  termed  a  total  one, 
and  in  cases  where  it  was  inflicted  as  a  punishment 
for  any  particular  crime,  was  generally  also  perpet- 
ual and  hereditary ;  hence  Demosthenes,  in  speak- 
ing of  a  person  suffering  under  it,  often  uses  the  ex- 
pression Kaddirat;  urifiog,  or  dwTiug  aTtfidrac5    A  de- 
tailed enumeration  of  the  rights  of  which  an  atimos 
was  deprived  is  given  by  iEschines.6     He  was  not 
allowed  to  hold  any  civil  or  priestly  office  whatever, 
either  in  the  city  of  Athens  itself,  or  in  any  town 
within  the  dominion  of  Athens  ;  he  could  not  be 
employed  as  herald  or  ambassador  ;  he  could  not 
give  his  opinion,  or  speak  either  in  the  public  as- 
sembly or  in  the  senate  ;  he  was  not  even  allowed 
to  appear  within  the  extent  of  the  agora ;  he  was 
excluded  from  visiting  the  public  sanctuaries,  as 
well  as  from  taking  part  in  any  public  sacrifice  ;  he 
could  neither  bring  an  action  against  a  person  from 
whom  he  had  sustained  an  injury,  nor  appear  as  a 
witness  in  any  of  the  courts  of  justice  ;  nor  could, 
on  the  other  hand,  any  one  bring  an  action  against 
him.7     The  right  which,  in  point  of  fact,  included 
most  of  those  which  we  have  here  enumerated,  was 
that  of  taking  part  in  the  popular  assembly  (Xeyetv 
and  ypi(j>et,v).     Hence  this  one  right  is  most  fre- 
quently the  only  one  which  is  mentioned  as  being 


1.  (Gaius,  ii.,  39.)— 2.  (Ulp.,  Frag;.,  xiii.) — 3.  (Savigny,  Sys- 
tem, &c,  vol  ii.) — 4.  (Demosth.,  c.  Aristocrat.,  p.  640.)— 5. 
(c.  Meid.,  p.  542.— Id.,  c.  Aristog.,  p.  779.— Id.,  c.  Meid.,  p. 
546.) — 6,  (e,  Timarch.,  p.  44.  46.)— 7.  (Compare  Demosth.,  c. 
Neasr.,  p.  1353  ;  c.  Timoc,  p.  739.— De  Lib.  Rhod.,  p.  209.— 
Philipp.,  iii.,  p,  122  ;  c  Meid.,  p.  542.— Lysias,  c.  Andoc.,  p. 
222.) 

530 


forfeited  by  atimia.1  The  service  in  the  AthenBc 
armies  was  not  only  regarded  in  the  light  of  a  duty 
which  a  citizen  had  to  perform  towards  the  state, 
but  as  a  right  and  a  privilege  ;  of  which,  therefore, 
the  atimos  was  likewise  deprived.2  When  we  heai 
that  an  atimos  had  no  right  to  claim  the  protection 
of  the  laws  if  he  was  suffering  injuries  from  others 
we  must  not  imagine  that  it  was  the  intention  of  the 
law  to  expose  the  atimos  to  the  insults  or  ill-treat- 
ment  of  his  former  fellow-citizens,  or  to  encourage 
the  people  to  maltreat  him  with  impunity,  as  might 
be  inferred  from  the  expression  oh  dri/j.oi  rod  tdilov 
rog  ;3  but  all  that  the  law  meant  to  do  was  that,  if 
any  such  thing  happened,  the  atimos  had  no  righf 
to  claim  the  protection  of  the  laws.  We  have  above 
referred  to  two  laws  mentioned  by  Demosthenes,  in 
which  the  children  and  the  property  of  an  atimos 
were  included  in  the  atimia.  As  regards  the  chil- 
dren or  heirs,  the  infamy  came  to  them  as  an  inher- 
itance which  they  could  not  avoid.  (Vid.  Heres,  p. 
497.)  But  when  we  read  of  the  property  of  a  man 
being  included  in  the  atimia,  it  can  oniy  mean  that 
it  shared  the  lawless  character  of  its  owner,  that  is, 
it  did  not  enjoy  the  protection  of  the  law,  and  could 
not  be  mortgaged.  The  property  of  an  atimos  foi 
a  positive  crime,  such  as  those  mentioned  below, 
was  probably  never  confiscated,  but  only  in  the  case 
of  a  public  debtor,  as  we  shall  see  hereafter  ;  and 
when  Andocides*  uses  the  expression  utljioi  fjoav 
rd  ad)/j,ara,  rd  de  xPWaTa  e^Xovi  tne  contrary  which 
he  had  in  view  can  only  have  been  the  case  of  a 
public  debtor.  On  the  whole,  it  appears  to  have 
been  foreign  to  Athenian  notions  of  justice  to  con- 
fiscate the  property  of  a  person  who  had  incurred 
personal  atimia  by  some  illegal  act.6 

The  crimes  for  which  total  and  perpetual  atimia 
was  inflicted  on  a  person  were  as  follow  :  The  giv- 
ing and  accepting  of  bribes,  the  embezzlement  ot 
public  money,  manifest  proofs  of  cowardice  in  the 
defence  of  his  country,  false  witness,  false  accusa- 
tion, and  bad  conduct  towards  parents  :6  moreover, 
if  a  person,  either  by  deed  or  by  word,  injured  or 
insulted  a  magistrate  while  he  was  performing  the 
duties  of  his  office  ;7  if,  as  a  judge,  he  had  been 
guilty  of  partiality  ;8  if  he  squandered  away  his  pa- 
ternal inheritance,  or  was  guilty  of  prostitution.9 
We  have  above  called  this  atimia  perpetual ;  foi  if 
a  person  had  once  incurred  it,  he  could  scarcely 
ever  hope  to  be  lawfully  released  from  it.  A  law, 
mentioned  by  Demosthenes,10  or-dained  that  the  re- 
leasing of  any  kind  of  atimoi  should  never  be  pro- 
posed in  the  public  assembly,  unless  an  assembly 
consisting  of  at  least  6000  citizens  had  previously, 
in  secret  deliberation,  agreed  that  such  might  be 
done.  And  even  then  the  matter  could  only  be 
discussed  in  so  far  as  the  senate  and  people  thought 
proper.  It  was  only  in  times  when  the  Republic 
was  threatened  by  great  danger  that  an  atimos 
might  hope  to  recover  his  lost  rights,  and  in  such 
circumstances  the  atimoi  were  sometimes  restored 
en  masse  to  their  former  rights.11 

A  second  kind  of  atimia,  which,  though  in  its  ex 
tent  a  total  one,  lasted  only  until  the  person  subject 
to  it  fulfilled  those  duties  for  the  neglect  of  which 
it  had  been  inflicted,  was  not  so  much  a  punishment 
for  any  particular  crime  as  a  means  of  compelling  a 
man  to  submit  to  the  laws.  This  was  the  atimia  of 
public  debtors.  Any  citizen  of  Athens  who  owed 
money  to  the  public  treasury,  whether  his   debt 

1.  (Demosth.,  c.  Timocr.,  p.  715,  717.— ^schin.,  c.  Timarch., 
p.  54,  &c— Andocid.,  De  Myst.,  p.  36.— Demosth.,  c.  Androt., 
p.  602,  604.)— 2.  (Demosth.,  c.  Timoc.,  p.  715.)— 3.  (Plato.  Gorg., 
p.  508.)— 4.  (De  Myst.,  p.  36.)— 5.  (Demosth.,  c.  Lept.,  p.  504.) 
—6.  (Andocid.,  1.  c.)— 7.  (Demosth.,  c.  Meid.,  p.  524.— Id.,  Pro 
Megalop.,  p.  200.)— 8.  (c.  Meid.,  p.  543.)— 9.  (Diog.  Laert.,  I., 
iiM  7.)— 10.  (c.  Timocrat.,  p.  735.)— 11.  (Xen.,  Heller,  ii.,  2, 
t>  11.— Andocid.,  1.  c.) 


INFAMlA. 


INFAWS. 


aiose  from  a  fine  to  whicli  he  had  been  condemned, 
or  from  a  part  he  had  taken  in  any  branch  of  the 
administration,  or  from  his  having  pledged  himself 
so  the  state  for  another  person,  was  in  a  state  of 
total  atimia  if  he  refused  to  pay  or  could  not  pay 
the  sum  which  was  due.  His  children  during  his 
lifetime  were  not  included  in  his  atimia ;  they  re- 
mained E7riTL/xoi.1  If  he  persevered  in  his  refusal  to 
pay  beyond  the  time  of  the  ninth  prytany,  his  debt 
was  doubled,  and  his  property  was  taken  and  sold.2 
If  the  sum  obtained  by  the  sale  was  sufficient  to 
pay  the  debt,  the  atimia  appears  to  have  ceased  ; 
but  if  not,  the  atimia  not  only  continued  to  the  death 
of  the  public  debtor,  but  was  inherited  by  his  heirs, 
and  lasted  until  the  debt  was  paid  off.3  (Compare 
Heres,  p.  496.)  This  atimia  for  public  debt  was 
sometimes  accompanied  by  imprisonment,  as  in  the 
case  of  Alcibiades  and  Cimon  ;  but  whether,  in  such 
a  case,  on  the  death  of  the  prisoner,  his  children 
were  likewise  imprisoned,  is  uncertain.  If  a  per- 
son living  in  atimia  for  public  d/  petitioned  to  be 
released  from  his  debt  or  his^itimia,  he'  became 
subject  to  evdeiSjic ;  and  if  another  person  made  the 
attempt  for  him,  he  thereby  forfeited  his  own  prop- 
erty :  if  the  proedros  even  ventured  to  put  the  ques- 
tion to  the  vote,  he  himself  became  atimos.  The 
only,  but  almost  impracticable,  mode  of  obtaining  re- 
lease was  that  mentioned  above  in  connexion  with 
the  total  and  perpetual  atimia. 

A  third  and  only  partial  kind  of  atimia  deprived 
the  person  on  whom  it  was  inflicted  only  of  a  por- 
tion of  his  rights  as  a  citizen.*  It  was  called  the 
arifiia  Kara  Trpoara^Lv,  because  it  was  specified  in 
every  single  case  which  particular  right  was  for- 
feited by  the  atimos.  The  following  cases  are  ex- 
pressly mentioned:  If  a  man  came  forward  as  a 
public  accuser,  and  afterward  either  dropped  the 
charge  or  did  not  obtain  a  fifth  of  the  votes  in  fa- 
vour of  his  accusation,  he  was  not  only  liable  to  a 
fine  of  1000  drachmae,  but  was  subjected  to  an  atim- 
ia which  deprived  him  of  the  right,  in  future,  to 
appear  as  accuser  in  a  case  of  the  same  nature  as 
that  in  which  he  had  been  defeated  or  which  he  had 
given  up.6  If  his  accusation  had  been  a  ypatyrj  uce- 
Selag,  he  also  lost  the  right  of  visiting  particular 
temples.6  Some  cases  are  also  mentioned  in  which 
an  accuser,  though  he  did  not  obtain  a  fifth  of  the 
votes,  was  not  subjected  to  any  punishment  what- 
ever. Such  was  the  case  in  a  charge  brought  be- 
fore the  first  archon  respecting  the  ill-treatment  of 
parents,  orphans,  or  heiresses.7  In  other  cases  the 
accuser  was  merely  subject  to  the  fine  of  1000 
drachmae,  without  incurring  any  degree  of  atimia.8 
But  the  law  does  not  appear  to  have  been  strictly 
observed.9  Andocides  mentions  some  other  kinds 
of  partial  atimia,  but  they  seem  to  have  had  only  a 
temporary  application  at  the  end  of  the  Peloponne- 
sian  war ;  and  the  passage10  is  so  obscure  or  cor- 
rupt, that  nothing  can  be  inferred  from  it  with  any 
certainty.11  Partial  atimia,  when  once  inflicted, 
lasted  during  the  whole  of  a  man's  life. 

The  children  of  a  man  who  had  been  put  to  death 
by  the  law  were  also  atimoi12  (compare  Heres,  p. 
497) ;  but  the  nature  or  duration  of  this  atimia  is 
unknown. 

If  a  person,  under  whatever  kind  of  atimia  he  was 
/abcuring,  continued  to  exercise  any  of  the  rights 
which  he  had  forfeited,  he  might  immediately  be 


1.  (Demosth.,  c.  Theocrin.,  p.  1322.)  — 2.  (Andocid.,  1.  c. — 
Demosth.,  c.  Nicostrat.,  p.  1255  ;  c.  Neser.,  p.  1347.)  —  3.  (De- 
mosth.,  c.  Androt.,  p.  603. — Compare  Bockh,  Publ.  Econ.  of 
Athens,  ii.,  p.  126.)— 4.  (Andocid.,  De  Myst.,  p.  17  and  36.) — 5. 
(Demosth.,  c.  Aristog.,  p.  803. — Harpocrat.,  s.  v.  A&puv  ypa(f>fj.) 
-45.  (Andocid.,  De  Myst.,  p.  17.) — 7.  (Meier.  Ue  Bon.  Damnat., 
p  133/>— 8.  (Pollux,  Onom.,  viii.,  53.)— 9.  (Bockh,  Publ.  Econ. 
of  Athens,  ii.,  p.  112,  &c.)— 10.  (De  Myst.,  p.  3fc.)— 11.  (Wach- 
smuth, Hellen.  Alterth.,  ii.,  1,  p.  247,  &c.)  — 12.  (Demosth.,  c. 
Anst;?..  p.  779.) 

y  vt 


subjected  to  tnrayuyT]  or  ivdeLS-iq :  and  if  his  traa» 
gression  was  proved,  he  might,  without  any  farther 
proceedings,  be  punished  immediately. 

The  offences  which  were  punished  at  Sparta  with 
atimia  are  not  so  well  known ;  and  in  many  cases 
it  does  not  seem  to  have  been  expressly  mentioned 
by  the  law,  but  to  have  depended  entirely  upon  pub 
lie  opinion,  whether  a  person  was  to  be  considered 
and  treated  as  an  atimos  or  not.  In  general,  it  ap- 
pears that  every  one  who  refused  to  live  according 
to  the  national  institutions  lost  the  rights  of  a  full 
citizen  (ofioiog1).  It  was,  however,  a  positive  law, 
that  whoever  did  not  give  or  could  not  give  his  con- 
tribution towards  the  syssitia,  lost  his  rights  as  a 
citizen.3  The  highest  degree  of  infamy  fell  upon 
the  coward  (rptoac)  who  either  deserted  from  the 
field  of  battle,  or  returned  home  without  the  rest  of 
the  army,  as  Aristodemus  did  after  the  battle  of 
Thermopylae,3  though  in  this  case  the  infamy  itself, 
as  well  as  its  humiliating  consequences,  were  man- 
ifestly the  mere  effect  of  public  opinion,  and  lasted 
until  the  person  labouring  under  it  distinguished 
himself  by  some  signal  exploit,  and  thus  wiped  off 
the  stain  from  his  name.  The  Spartans  who  in 
Sphacteria  had  surrendered  to  the  Athenians,  were 
punished  with  a  kind  of  atimia  which  deprived  them 
of  their  claims  to  public  offices  (a  punishment  com- 
mon to  all  kinds  of  atimia),  and  rendered  them  in- 
capable of  making  any  lawful  purchase  or  sale. 
Afterward,  however,  they  recovered  their  rights.* 
Unmarried  men  were  also  subject  to  a  certain  de- 
gree of  infamy,  in  as  far  as  they  were  deprived  of 
the  customary  honours  of  old  age,  were  excluded 
from  taking  part  in  the  celebration  of  certain  festi- 
vals, and  occasionally  compelled  to  sing  defamatory 
songs  against  themselves.  No  atimos  was  allowed 
to  marry  the  daughter  of  a  Spartan  citizen,  and  was 
thus  compelled  to  endure  the  ignominies  of  an  old 
bachelor.5  Although  an  atimos  at  Sparta  was  sub- 
ject to  a  great  many  painful  restrictions,  yet  his  con- 
dition cannot  be  called  outlawry ;  it  was  rather  a 
state  of  infamy  properly  so  called.  Even  the  atimia 
of  a  coward  cannot  be  considered  equivalent  to  the 
civil  death  of  an  Athenian  atimos,  for  we  find  hirn 
still  acting  to  some  extent  as-  a  citizen,  though  al- 
ways in  a  manner  which  made  his  infamy  manifest 
to  every  one  who  saw  him. 

(Lelyveld,  De  Infamia  ex  Tare  Attico,  Amstelod., 
1835.— Wachsmuth,  Hellen  Alterth.,  ii.,  1,  p.  243, 
&c. — Meier,  De  Bonis  Damnat.,  p.  101,  &c. — Scho- 
mann,  De  Comit.  Ath.,  p.  67,  &c,  transl. — Hermann, 
Polit.  Ant.  of  Greece,  §  124  -Meier  und  Schbmann, 
Att.  Proc.,  p.  563.  On  the  Spartan  atimia  in  par- 
ticular, see  Wachsmuth,  ii.,  1,  p.  358,  &c. — Miiller, 
Dor.,  iii.,  10,  $  3.) 

INFANS,  INFA'NTIA .  In  the  Roman  law  there 
were  several  distinctions  of  age  which  were  made 
with  reference  to  the  capacity  for  doing  legal  acts  . 
1.  The  first  period  was  from  birth  to  the  end  of  the 
seventh  year,  during  which  time  persons  were  call 
ed  infantes,  or  qui  fari  non  possunt.  2.  The  sec 
ond  period  was  from  the  end  of  seven  years  to  the 
end  of  fourteen  or  twelve  years,  according  as  ihe 
person  was  a  male  or  a  female,  during  which  per- 
sons were  defined  as  tho^e  qui  fari  possunt.  The 
persons  included  in  these  first  two  classes  were  im- 
puberes.  3.  The  third  period  was  from  the  end  oj 
the  twelfth  or  fourteenth  to  the  end  of  the  twenty- 
fifth  year,  during  which  period  persons  weve  ado- 
lescentes,  adulti.  The  persons  included  in  .these 
three  classes  were  minores  xxv.  annis  or  annorum, 
and  were  often,  for  brevity's  sake,  called  minores 


1.  (Xen.,  De  Rep.  Laced.,  x.,  7.— Id.  ib.,  iii.,  3.)— 2.  (AriKut, 
Polit.,  ii.,  6,  p.  50,  ed.  Gottlinj.)  — 3.  (Herod.,  vii.,  231.)— 4. 
(Thucyd.,  v., 14.)-  5.  (Piut.,  i  j isil.,  30.— Miiller,  Dorians,  it, 
4,  v  3  ) 

537 


fNFULA. 


INGENUI. 


Only  (via.  Curator);  and  the  persons  included  in 
the  third  and  fourth  class  were  puberes.  4.  The 
fourth  period  was  from  the  age  of  twent/-five,  du- 
ring which  persons  were  majores. 

The  term  impubes  comprehends  infans,  as  all  in- 
fantes are  impuberes,  but  all  impuberes  are  not 
infantes.  Thus  the  impuberes  were  divided  into 
two  classes  :  infantes,  or  those  under  seven  years 
of  age,  and  those  above  seven,  who  are  generally 
understood  by  the  term  impuberes.  Pupillus  is  a 
general  name  for  all  impuberes  not  in  the  power  of 
a  father.1 

The  commencement  of  pubertas  was  the  com- 
mencement of  full  capacity  to  do  legal  acts.  Be- 
fore the  commencement  of  pubertas,  a  person,  ac- 
carding  to  the  old  civil  law,  could  do  no  legal  act 
without  the  auctoritas  of  a  tutor.  This  rule  was 
made  for  those  impuberes  who  had  property  of  their 
own  ;  for  it  could  have  no  application  to  impuberes 
who  were  in  the  power  of  a  father.  Now  the  age 
of  pubertas  was  fixed  as  above  mentioned,  on  the 
supposition  that  persons  were  then  competent  to 
understand  the  nature  of  their  acts,  and  the  age  of 
twelve  or  fourteen  was  only  fixed  because  it  was 
necessary  to  fix  some  limit  which  might  apply  to  all 
cases ;  but  it  was  obvious  that  in  many  cases  when 
a  person  bordered  on  the  age  of  puberty  (pubertati 
proximus),  and  had  not  yet  attained  it,  he  might 
have  sufficient  understanding  to  do  many  legal  acts. 
Accordingly,  a  person  who  was  proximus  pubertati 
was  in  course  of  time  considered  competent  to  do 
certain  legal  acts  without  the  auctoritas  of  a  tutor ; 
but,  to  secure  him  against  fraud  or  mistake,  he 
could  only  do  such  acts  as  were  for  his  own  ad- 
vantage. This  relaxation  of  the  old  law  was  ben- 
eficial both  to  the  impubes  and  to  others  ;  but,  ow- 
ing to  its  being  confined  to  such  narrow  limits  of 
time,  it  was  of  little  practical  use,  and,  accordingly, 
it  was  extended  as  a  positive  rule  to  a  longer  period 
below  the  age  of  puberty,  but  still  with  the  same 
limitation  :  the  impubes  could  do  no  act  to  his  prej- 
udice without  the  auctoritas  of  a  tutor.  It  was, 
however,  necessary  to  fix  a  limit  here  also,  and,  ac- 
cordingly, it  was  determined  that  such  limited  capa- 
city to  do  legal  acts  should  commence  with  the  ter- 
mination of  infantia,  which,  legally  defined,  is  that 
period  after  which  a  person,  either  alone  or  with  a 
tutor,  is  capable  of  doing  legal  acts. 

Infans  properly  means  qui  fari  non  potest ;  and 
he  of  whom  could  be  predicated  fari  potest,  was 
not  infans,  and  was  capable  of  doing  certain  legal 
acts.  The  phrase  qui  fari  potest  is  itself  ambigu- 
ous ;  but  the  Romans,  in  a  legal  sense,  did  not  limit 
it  to  the  mere  capacity  of  uttering  words,  which  a 
child  of  two  or  three  years  generally  possesses,  but 
they  understood  by  it  a  certain  degree  of  intellectual 
development ;  and,  accordingly,  the  expression  qui 
fari  potest  expressed  not  only  that  degree  of  intel- 
lectual development  which  is  shown  by  the  use  of  in- 
telligible speech,  but  also  a  capacity  for  legal  acts  in 
which  speech  was  required.  Thus  the  period  of  in- 
fantia was  extended  beyond  that  which  the  strict  ety- 
mological meaning  of  the  word  signifies,  and  its  ter- 
mination was  fixed  by  a  positive  rule  at  the  end  of 
the  seventh  year,  as  appears  by  numerous  passages.3 

The  expressions  proximus  pubertati,  and  proxi- 
mus infantiaB  or  infanti,3  are  used  by  the  Roman 
jurists  to  signify  respectively  one  who  is  near  attain- 
ing pubertas,  and  one  who  has  just  passed  the  limit 
of  infantia.*    (Vid.  Impubes.) 

INFE'RLE.     (Vid.  Funcjs,  p.  462.) 

INFULA,  a  flock  of  white  and  red  wool,  which 

1.  (Dig.  50,  tit.  16,  s.  239.)— 2.  (Dig.  26,  tit.  7,  s.  1  ;  23,  tit. 
i.  t.  i4. — Cod.  6,  tit.  30,  s.  18. — Quintilian,  Inst.  Or.,  i.,  1. — Isi- 
i-rus.  Orig.,  xi.,  2.)— 3.  (Gaius,  iii.,  109.)— 4.  (Savigny,  System. 
4es>  heut.  R.  R.,  vol.  iii.) 
fift) 


was  slightly  twisted,  drawn  into  the  form  ol  a 
wreath  or  fillet,  and  used  by  the  Romans  for  orna- 
ment on  festive  and  solemn  occasions.  In  sacrifi- 
cing it  was  tied  with  a  white  band  (vid.  Vitta)  to 
the  head  of  the  victim,1  and  also  of  the  priest,  more 
especially  in  the  worship  of  Apollo  and  Diana.' 
The  "  torta  infula"  was  worn  also  by  the  vesta/ 
virgins.3  Its  use  seems  analogous  to  that  of  the 
lock  of  wool  worn  by  the  flamines  and  salii.  (Vid. 
Apex).  At  Roman  marriages,  the  bride,  who  car- 
ried wool  upon  a  distaff  in  the  procession  (vid.  Fu- 
sus,  p.  465),  fixed  it  as  an  infula  upon  the  door-case 
of  her  future  husband  on  entering  the  house.4 

INGE'NUI,  INGENUITAS.  According  to  Gai- 
us,5 ingenui  are  those  free  men  who  are  born  free. 
Consequently,  freedmen  (libertini)  were  not  ingenui, 
though  the  sons  of  libertini  were  ingenui ;  nor  could 
a  libertinus  by  adoption  become  ingenuus.6  If  a  fe- 
male slave  (ancilla)  was  pregnant,  and  was  manu- 
mitted before  she  gave  birth  to  a  child,  such  child 
was  born  free,  and  therefore  was  ingenuus.  In  oth- 
er cases,  also,  the  law  favoured  the  claim  of  free 
birth,  and,  consequently,  of  ingenuitas.7  If  a  man's 
ingenuitas  was  a  matter  in  dispute,  there  was  a  ju- 
dicium ingenuitatis.8 

The  words  ingenuus  and  libertinus  are  often  op 
posed  to  one  another ;  and  the  title  of  freeman  (li- 
ber), which  would  comprehend  libertinus,  is  some- 
times limited  by  the  addition  of  ingenuus  (liber  et 
ingenuus9).  According  to  Cincius,  in  his  work  on 
Comitia,  quoted  by  Festus,10  those  who,  in  his  time, 
were  called  ingenui,  were  originally  called  patricii, 
which  is  interpreted  by  Goettling  to  mean  that  gen- 
tiles were  originally  called  ingenui  also  :  a  manifest 
misunderstanding  of  the  passage.  If  this  passage 
has  any  certain  meaning,  it  is  this :  originally  the 
name  ingenuus  did  not  exist,  but  the  word  patricius 
was  sufficient  to  express  a  Roman  citizen  by  birth. 
This  remark,  then,  refers  to  a  time  when  there 
were  no  Roman  citizens  except  patricii ;  and  the 
definition  of  ingenuus,  if  it  had  then  been  in  use, 
would  have  been  a  sufficient  definition  of  a  patricius. 
But  the  word  ingenuus  was  introduced,  in  the  sense 
here  stated,  at  a  later  time,  and  when  it  was  want- 
ed for  the  purpose  of  indicating  a  citizen  ty  birth, 
merely  as  such.  Thus,  in  the  speech  of  Appius 
Claudius  Crassus,13he  contrasts  with  persons  of  pa- 
trician descent,  "Unus  Quiritium  quilibet,  dtwbus  in- 
genuis  ortus.'"  Farther,  the  definition  of  gentilis 
by  Scaevola  (vid.  Gens,  p.  468)  shows  that  a  marc 
might  be  ingenuus  and  yet  not  gentilis,  for  he  might 
be  the  son  of  a  freedman ;  and  this  is  consistent 
with  Livy.18  If  Cincius  meant  his  proposition  to  be 
as  comprehensive  as  the  terms  will  allow  us  to  take 
it,  the  proposition  is  this :  All  (now)  ingenui  com- 
prehend all  (then)  patricii ;  wThich  is  untrue. 

Under  the  Empire,  ingenuitas,  or  the  jura  in- 
genuitatis, might  be  acquired  by  the  imperial  favour ; 
that  is,  a  person  not  ingenuus  by  birth  was  made 
so  by  the  sovereign  power.  A  freedman  who  had 
obtained  the  jus  annulorum  aureorum  was  consid- 
ered ingenuus  ;  but  this  did  not  interfere  with  the 
patronal  rights.13  By  the  natalibus  restitutio,  the 
princeps  gave  to  a  libertinus  the  character  o/  in- 
genuus ;  a  form  of  proceeding  which  involved  'he 
theory  of  the  original  freedom  of  all  mankind,  for 
the  Jibertinus  was  restored,  not  to  the  state  in  which 
he  Jaad  been  born,  but  to  his  supposed  original  state 
of  freedom.     In  this  case  the  patron  lost  his  patro- 

1.  (Virg.,  Georg.,  iii.,  487. — Lucret.,  i.,  88. — Suet.,  Calig.,  27.) 
—2.  (Virg.,  JEn.,  ii.,  430.— Id.  ib.,  x.,  538.— Servius,  in  loc— 
Isid.,  Orig.,  xix.,  30.— Festus,  s.  v.  Infula;.)— 3.  (Prud.,  c.  Svri., 
ii.,  1085,  1094.)-4.  (Lucan,  ii.,  355.— Plin.,  H.  N.,  xxix.,2.— 
Servius  in  Virg.,  JEn.,  iv.,  458.)— 5.  (i.,  11.)— 6.  (Gell.,  v.,  12.) 
— 7.  (Paulus,  Sent.  Recept.,  iii.,  24,  and  v.,  1,  (;De  Libeiali 
Causa.")— 8.  (Tacit.,  Ann.,  xiii.,  27.— Paulus,  S.  R.,  v.,  1  )  -9 
(Hor.,  Ep.  ad  Pis.,  383.)— 10.  (s.  v.  Patricios.)— 11  (Liv..  n 
40.)— 12.  (x/,  8.)— 13.  (Dig.  40,  tit.  10,  s.  5  and  6.'. 


INJURIA 


INSIGNE. 


nal  i  ights  by  a  necessary  consequence,  if  I  he  fiction 
were  to  have  its  full  effect.1  It  seems  lhat  ques- 
tions as  to  a  man's  ingenuitas  were  common  at 
Rome,  which  is  not  surprising  when  we  consider 
that  patronal  rights  were  involved  in  them. 

*TNGUINA'LIS,  a  plant,  the  same  with  the  (3ov- 
6wviov,  or  aarrjp  uttikoc,  which  see. 

INJU'RIA.  Injuria  was  done  by  striking  or  beat- 
ing a  man  either  with  the  hand  or  with  anything ; 
by  abusive  words  (convicium) ;  by  the  proscriptio 
bonorum,  when  the  claimant  knew  that  the  alleged 
debtor  was  not  really  indebted  to  him,  for  the  bono- 
rum proscriptio  was  accompanied  with  infamia  to 
the  debtor  ;2  by  libellous  writings  or  verses  ;  by  so- 
liciting a  materfamilias  or  a  praetextatus  (vid.  Impu- 
bes),  and  by  various  other  acts.  A  man  might 
sustain  injuria  either  in  his  own  person,  or  in  the 
person  of  those  who  were  in  his  power  or  in  manu. 
No  injuria  could  be  done  to  a  slave,  but  certain  acts 
!one  to  a  slave  were  an  injuria  to  his  master,  when 
the  acts  were  such  as  appeared  from  their  nature 
to  be  insulting  to  the  master ;  as,  for  instance,  if  a 
man  should  flog  another  man's  slave,  the  master 
had  a  remedy  against  the  wrong-doer,  which  was 
given  him  by  the  praetor's  formula.  But  in  many 
other  cases  of  a  slave  being  maltreated,  there  was 
no  regular  formula  by  which  the  master  could  have 
a  remedy,  and  it  was  not  easy  to  obtain  one  from 
the  praetor. 

The  Twelve  Tables  had  various  provisions  on  the 
subject  of  injuria.  Libellous  songs  or  verses  were 
followed  by  capital  punishment,  that  is,  death,  as 
it  appears.3  In  the  case  of  a  limb  being  mutilated, 
the  punishment  was  talio.*  In  the  case  of  a  broken 
bone,  the  penalty  was  300  asses  if  the  injury  was 
done  to  a  freeman,  and  150  if  it  was  done  to  a 
slave.  In  other  cases  the  Tables  fixed  the  penalty 
at  25  asses.5 

These  penalties,  which  were  considered  sufficient 
at  the  time  when  they  were  fixed,  were  afterward 
considered  to  be  insufficient ;  and  the  injured  per- 
son was  allowed  by  the  praetor  to  claim  such  dama- 
ges as  he  thought  that  he  was  entitled  to,  and  the 
judex  might  give  the  full  amount  or  less.  But  in 
the  case  of  a  very  serious  injury  (atrox  injuria), 
when  the  praetor  required  security  for  the  defend- 
ant's appearance  to  be  given  in  a  particular  sum, 
it  was  usual  to  claim  such  sum  as  the  damages  in 
the  plaintiff's  declaration ;  and  though  the  judex 
was  not  bound  to  give  damages  to  that  amount,  he 
seidom  gave  less.  An  injuria  had  the  character  of 
atrox,  either  from  the  act  itself,  or  the  place  where 
it  was  done,  as,  for  instance,  a  theatre  or  forum,  or 
from  the  status  of  the  person  injured,  as  if  he  were 
a  magistratus,  or  if  he  were  a  senator  and  the 
wrong-doer  were  a  person  of  low  condition. 

A  lex  Cornelia  specially  provided  for  cases  of 
pulsatio.  verberatio,  and  forcible  entry  into  a  man's 
house  (domus).  The  jurists  who  commented  on 
this  lex  defined  the  legal  meaning  of  pulsatio,  ver- 
beratio, and  domus.6 

The  actions  for  injuria  were  gradually  much  ex- 
tended, and  the  praetor  would,  according  to  the  cir- 
cumstances of  the  case  (causa  cognita),  give  a  per- 
son an  action  in  respect  of  any  act  or  conduct  of 
another,  which  tended,  in  the  judgment  of  the  prae- 
tor, to  do  him  injury  in  reputation  or  to  wound  his 
feelings.7  Many  cases  of  injuria  were  subject  to  a 
special  punishment,8  as  deportatio  ;  and  this  pro- 
ceeding extra  ordinem  was  often  adopted  instead 
of  the  civil  action.     Various  imperial  constitutions 

1.  (Dig.  40,  tit.  11.)— 2.  (Cic,  Pro  Quint.,  6. 15,  16.)— 3.  (Cic, 
Rep.,  iv.,  10,  and  the  notes  in  Mai'g  edition.) — 4.  (Festus,  s.  v. 
Talio.)— 5.  (Gellius,  xvi.,  10.— Id.,  xx.,  1.— Dirksen,  Uebersicht, 
4c.)— 6.  (Dig.  47,  tit.  10,  s.  5.)— 7.  (Vid.  Dig.  47,  tit.  10,  s.  15  ; 
22,  23,  21,  4c.)-8.  (Dig.  47,  tit.  11.) 


affixed  the  punishment  of  death  to  libellous  writings 
(famosi  libelli). 

Infamia  was  a  consequence  of  condemnation  in 
an  actio  injuriarum  (Vid.  Infamia.)  He  who 
brought  such  an  action  per  calumniam  was  liable  to 
be  punished  extra  ordinem.1 

INJURIA'RUM  ACTIO.     (Vid.  Injuria.) 

INO'A  ('Ivtia),  festivals  celebrated  in  several 
parts  of  Greece,  in  honour  of  the  ancient  heroine 
Ino.  At  Megara  she  was  honoured  with  an  annual 
sacrifice,  because  the  Megarians  believed  that  her 
body  had  been  cast  by  the  waves  upon  their  coast, 
and  that  it  had  been  found  and  buried  there  by 
Cleso  and  Tauropolis.2  Another  festival  of  Ino 
was  celebrated  at  Epidaurus  Limera,  in  Laconia. 
In  the  neighbourhood  of  this  town  there  was  a 
small  but  very  deep  lake,  called  the  water  of  Ino, 
and  at  the  festival  of  the  heroine  the  people  threw 
barley-cakes  into  the  water.  When  the  cakes  sank, 
it  was  considered  a  propitious  sign,  but  when  they 
swam  on  the  surface  it  was  an  evil  sign.3  An  an 
nual  festival,  with  contests  and  sacrifices,  in  honour 
of  Ino,  was  also  held  on  the  Corinthian  Isthmus, 
and  was  said  to  have  been  instituted  by  King  Sisy- 
phus.4 
.  INOFFICIO'SUM  TESTAMENTUM.  (Vid 
Testamentum.) 

INQUILFNUS.  (Vid.  Banishment,  Roman,  p. 
137.) 

INSA'NIA,  INSA'NUS.     (Vid.  Curator.) 

♦INSECTA.     (Vid.  Entoma.) 

INSIGNE  (avjielov,  iirlaTj^a,  ettlgtj/liov,  Trapdarj- 
fiov),  a  Badge,  an  Ensign,  a  mark  of  distinction. 
Thus  the  Bulla  worn  by  a  Roman  boy  was  one  of 
the  insignia  of  his  rank.5  Five  classes  of  insignia 
more  especially  deserve  notice  : 

I.  Those  belonging  to  officers  of  state  or  civil 
functionaries  of  ail  descriptions,  such  as  the  Fasces 
carried  before  the  Consul  at  Rome,  the  laticlave 
and  shoes  worn  by  senators  (vid.  Calceus,  p.  190; 
Clavus,  p  264),  the  carpentum  and  the  sword  be- 
stowed by  the  emperor  upon  the  praefect  of  the  prae- 
torium.6  The  Roman  Equites7  were  distinguished 
by  the  "  equus  publicus,"  the  golden  ring,  the  an- 
gustus  clavus,8  and  the  seat  provided  for  them  in 
the  theatre  and  the  circus.9  The  insignia  of  the 
kings  of  Rome,  viz.,  the  trabea,  the  toga  praetexta, 
the  crown  of  gold,  the  ivory  sceptre,  the  sella  curu- 
lis,  and  the  twelve  lictors  with  fasces,  all  of  which, 
except  the  crown  and  sceptre,  were  transferred  to 
subsequent  denominations  of  magistrates,  were  cop- 
ied from  the  usages  of  the  Tuscans  and  other  na- 
tions of  early  antiquity.10 

II.  Badges  worn  by  soldiers.  The  centurions  in 
the  Roman  army  were  known  by  the  crests  of  their 
helmets  (vid.  Galea),  and  the  common  men  by  their 
shields,  each  cohort  having  them  painted  in  a  man- 
ner peculiar  to  itself.11  (Vid.  Clipeus.)  Among 
the  Greeks,  the  devices  sculptured  or  painted  upon 
shields  (see  woodcut,  p.  84),  both  for  the  sake  of 
ornament  and  as  badges  of  distinction,  employed 
the  fancy  of  poets  and  of  artists  of  every  description 
from  the  earliest  times.  Thus  the  seven  heroes 
who  fought  against  Thebes,  all  except  Amphiaraus, 
had  on  their  shields  expressive  figures  and  mottoes, 
differently  described,  however,  by  different  authors.12 
Alcibiades,  agreeably  to  his  general  character,  wore 
a  shield  richly  decorated  with  ivory  and  gold,  and 


1.  (Gaius,  iii.,  220-225.— Hor.,  Sat.,  I.,  i.,  SO.— Dig.  47,  tit. 
10.— Cod.  Theod..  ix.,  tit.  34.— Cod.  ix.,  tit.  36.— Paulus,  Sent. 
Recept.,  v.,  tit.  4.')— 2.  (Paus.,  i.,  42,  $  8.)— 3.  (Paus.,  iii.,  23,  t> 
5.) — 4.  (Tzetzes  ad  Lycophr.) — 5.  (Cic,  Verr.,  ii.,  1,  58.) — 6. 
(Lydus,  De  Mag.,  ii.,  3,  9.)— 7.  (p.  396.)— 8.  (p.  242.)— 9.  (C.  G. 
Schwartz,  Diss.  Selectae,  p.  84-101.)— 10.  (Flor.,  i.,  5.— Sail., 
B.  Cat.,  51.— Virg.,  JEn.,  vii.,  188,  612.— Id.  ib.,  xi.,  334.— Ly- 
dus, De  Mag.,  i.,  7,  8,  37.) — 11.  (Veget.,  ii.,  17. — Compare  Cn>8 
Bell.  Gall.,  vii.,  45.)— 12.  (.Eschyl.,  Sept.,  c.  Theb.,  333-640- 
Eurip.,  Phoen.,  1125-1156.— Apollodor.,  Bibl.,  i-;  .  6,  1.) 

039 


rNSTITA. 


INSTITUTIONES. 


exhibiting  a  representation  of  Cupid  brandishing  a 
thunderbolt.1  The  first  use  of  these  emblems  on 
shields  is  attributed  to  the  Carians  ;■■  and  the  ficti- 
cious employment  of  them  to  deceive  and  mislead 
an  enemy  was  among  the  stratagems  of  war.3 

III.  Family  badges.  Among  the  indignities  prac- 
tised by  the  Emperor  Caligula,  it  is  related  that  he 
abolished  the  ancient  insignia  of  the  noblest  fami- 
lies, viz.,  the  torques,  the  cincinni,  and  the  cogno- 
men "  Magnus."* 

IV.  Signs  placed  on  the  front  of  buildings.  A 
figure  of  Mercury  was  the  common  sign  of  a  Gym- 
nasium ;  but  Cicero  had  a  statue  of  Minerva  to  fulfil 
the  same  purpose.5  Cities  had  their  emblems  as 
well  as  separate  edifices ;  and  the  officer  of  a  city 
sometimes  affixed  the  emblem  to  public  documents, 
as  we  do  the  seal  of  a  municipal  corporation.6 

V.  The  figure-heads  of  ships.  The  insigne  of  a 
ship  was  an  image  placed  on  the  prow,  and  giving 
its  name  to  the  vessel.7  Thus  the  ship  figured  in 
p.  58  would  probably  be  called  the  Triton.8  (Com- 
pare woodcut,  p.  480.)  Paul  sailed  from  Melite  to 
Puteoli  in  the  Dioscuri,  a  vessel  which  traded  be- 
tween that  city  and  Alexandrea.9  Enschede  has 
drawn  out  a  list  of  one  hundred  names  of  ships 
which  occur  either  in  classical  authors  or  in  ancient 
inscriptions.10  The  names  were  those  of  gods  and 
heroes,  together  with  their  attributes,  such  as  the 
helmet  of  Minerva,  painted  on  the  prow  of  the  ship 
which  conveyed  Ovid  to  Pontus  (a  picta  casside 
nomen  habet11) ;  of  virtues  and  affections,  as  Hope, 
Concord,  Victory ;  of  countries,  cities,  and  rivers, 
as  the  Po,  the  Mincius,12  the  Delia,  the  Syracuse, 
the  Alexandrea  ;13  and  of  men,  women,  and  animals, 
as  the  boar's  head,  which  distinguished  the  vessels 
of  Sarnos1*  (woodcut,  p.  429),  the  swan  (vid.  Chenis- 
eus),  the  tiger,15  the  bull  {jrporofj,rjv  ravpov16).  Plu- 
tarch mentions  a  Lycian  vessel  with  the  sign  of  the 
lion  on  its  prow,  and  that  of  the  serpent  on  its 
poop.17  After  an  engagement  at  sea,  the  insigne  of 
a  conquered  vessel,  as  well  as  its  aplustre,  was 
often  taken  from  it,  and  suspended  in  some  temple 
as  an  offering  to  the  god.18  Figure-heads  were 
probably  used  from  the  first  origin  of  navigation. 
On  the  war-galleys  of  the  Phoenicians,  who  called 
them,  as  Herodotus  says,19  TzdraiKot,  i.  c,  "carved 
images,"  they  had  sometimes  a  very  grotesque  ap- 
pearance. 

Besides  the  badge  which  distinguished  each  indi- 
vidual ship,  and  which  was  either  an  engraved  and 
painted  wooden  image,  forming  part  of  the  prow,  or 
a  figure  often  accompanied  by  a  name  and  painted 
on  both  the  bows  of  the  vessel,  other  insignia,  which 
could  be  elevated  or  lowered  at  pleasure,  were  requi- 
site in  naval  engagements.  These  were  probably 
flags  or  standards,  fixed  to  the  aplustre  or  to  the 
top  of  the  mast,  and  serving  to  mark  all  those  ves- 
sels which  belonged  to  the  same  fleet  or  to  the  same 
nation.  Such  were  "the  Attic"  and  "the  Persic 
signals"  (to  'Attikov  aqftecov70). 

I'NSTITA  (Trepnrodcov),  a  Flounce,  a  Fillet.  The 
Roman  matrons  sometimes  wore  a  broad  fillet,  with 
ample  folds,  sewed  to  the  bottom  of  the  tunic,  and 
reaching  to  the  instep.  The  use  of  it  indicated  a 
superior  regard  to  decency  and  propriety  of  man- 

m-  -  — -  —    ■■  —  ^_____ „ 

1.  (Athen.,  xii.,  47.)— 2.  (Herod.,  i.,  171.)— 3.  (Paus.,  iv.,  28, 
t  3.— Virg.,  JEn.,  ii.,  389-392.)— 4.  (Suet.,  Calig-.,  35.)— 5.  (ad 
Att.,  i.,  4.)— 6.  (Antig-.,  Caryst.,  15.)— 7.  (Tacit.,  Ann.,  vi.,  34. 
— Os.,  B.  Civ.,  ii.,  6.)— 8.  (Stat.,  Theb.,  v.,  372.— Virg-.,  JEn., 
x.,  209-212.)— 9.  (Acts,  xxviii.,  II.) — 10.  (Diss.,  "  De  Tut.  et 
Insignibus  Navium,"  reprinted  in  Rulinken's  Opusc,  p.  257-305.) 
—11.  (Trist.,  i.,  9,  2.)— 12.  (Virg-.,  JEn.,  x.,  206.)— 13.  (Athen., 
v.,  43.) — 14.  (Herdd.,  iii.,  59. — Choerilus,  p.  155,  ed.  Naeke. — 
Hesych.,  s.  v.  Sn/jta/coj  rpdirog. — Eust.  in  Horn.,  Od.,  xiii.,  p. 
525.)— 15.  (Virg-.,  JEn.,  x.,  166.)— 16.  (Schol.  in  Apoll.  Rhod., 
ii.,  168.)— 17.  (De  Mul.  Virt.,  p.  441,  ed.  Steph.)— 18.  (Plut., 
Themist.,  p.  217.)— 19.  (iii.,  37.)— 20.  (Polyaen.,  iii.,  11, 11 ;  riii., 
53,  1.— Becker,  Char.,  ii.,  p.  63.) 
540 


ners.1  It  must  have  resembled  a  modern  flounce. 
By  the  addition  of  gold  and  jewelry,  it  took  the 
form  of  the  more  splendid  and  expensive  Cyclas. 

When  this  term  denoted  a  fillet,  which  was  used 
by  itself,  as  in  the  decoration  of  a  Thyrsus,'  it  was 
equivalent  to  Vitta  or  Fascia.     (Vid.  Tunica.) 

FNSTITOR.     {Vid.  Institoria  Actio.) 

INSTITO'RIA  ACTIO.  This  actio  or  formula 
was  allowed  against  a  man  who  had  appointed  ei- 
ther his  son  or  a  slave,  and  either  his  own  or  another 
man's  slave,  or  a  free  person,  to  manage  a  taberna, 
or  any  other  business  for  him.  The  contracts  with 
such  manager,  in  respect  of  the  taberna  or  other 
business,  were  considered  to  be  contracts  with  the 
principal.  The  formula  was  called  institoria,  be- 
cause he  who  was  appointed  to  manage  a  taberna 
was  called  an  institor.  And  the  institor,  it  is  said, 
was  so  called,  "quod  negolio  gerendo  instet  sive 
insistat."  If  several  persons  appointed  an  institor 
any  one  of  them  might  be  sued  for  the  whole  amount, 
for  which  the  persons  were  liable  on  the  contract 
of  their  institor ;  and  if  one  paid  the  demand,  he 
had  his  redress  over  against  the  others  by  a  socie- 
tatis  judicium  or  communi  dividundo.  A  great  deal 
of  business  was  done  through  the  medium  of  insti- 
tores,  and  the  Romans  thus  carried  on  various 
lucrative  occupations  in  the  name  of  their  slaves, 
which  they  could  not  or  would  not  have  carried  on 
personally.  Institores  are  coupled  with  nautae  by 
Horace,3  and  with  the  magister  navis.* 

INSTITUTIO'NES.  It  was  the  object  of  Justin 
ian  to  comprise  in  his  Code  and  Digest  or  Pandect 
a  complete  body  of  law.  But  these  works  were 
not  adapted  to  the  purpose  of  elementary  instruc- 
tion, and  the  writings  of  the  ancient  jurists  were 
no  longer  allowed  to  have  any  authority,  except  so 
far  as  they  had  been  incorporated  in  the  Digest. 
It  was,  therefore,  necessary  to  prepare  an  element- 
ary treatise,  for  which  purpose  Justinian  appointed 
a  commission,  consisting  of  Tribonianus,  Theophi- 
lus,  and  Dorotheus.  The  commission  was  instruct- 
ed to  compose  an  institutional  work  which  should 
contain  the  elements  of  the  law  (legun  cunabula), 
and  should  not  be  encumbered  with  useless  matter. 
Accordingly,  they  produced  a  treatise  under  the 
title  of  Institutiones,  or  Elementa,6  which  was  based 
on  former  elementary  works  of  the  same  name  and 
of  a  similar  character,  but  chiefly  on  the  Commen- 
tarii  of  Caius  or  Gaius,  his  Res  Quotidianae,  and 
various  other  commentarii.  The  Institutiones  were 
published  with  the  imperial  sanction,  at  the  close  of 
the  year  A.D.  533,  at  the  same  time  as  the  Digest. 

The  Institutiones  consist  of  four  books,  which  are 
divided  into  titles.  The  first  book  treats  chiefly  of 
matters  relating  to  personal  status  ;  the  second 
treats  chiefly  of  property  and  its  incidents,  and  of 
testaments,  legacies,  and  fideicommissa  ;  the  third 
treats  chiefly  of  successions  to  the  property  of  in- 
testates, and  matter  incident  thereto,  and  on  obli- 
gations not  founded  on  delict  ;  the  fourth  treats 
chiefly  of  obligations  founded  on  delict,  actions  and 
their  incidents,  interdicts,  and  of  the  judicia  publi- 
ca.  The  judicia  publica  are  not  treated  of  by  Gaius 
in  his  Commentaries.  Heineccius,  in  his  Antiqui- 
tatum  Romanarum  Jurispruden'tiam  illustrantium 
Syntagma,  has  followed  the  order  of  the  Institutio- 
nes. Theophilus,  generally  considered  to  be  the 
person  who  was  one  of  the  compilers  of  the  Institu- 
tiones, wrote  a  Greek  paraphrase  upon  them,  which 
is  still  extant,  and  is  occasionally  useful.  The  best 
edition  of  the  paraphrase  of  Theophilus  is  that  of 
W.  O.  Reitz,  Haag,  1751,  2  vols.  4to.     There  are 

■■  —  .  - --■■ —  ■   .     ..  —  mf 

1.  (Hor.,  Sat.,  I.,  ii.,  29.— Ovid,  Ars  Amat.,  i.,  32.)— 2.  (Stat , 
Theb.,  vii.,  654.)— 3.  (Ep.,  xvii.,  20.)— 4.  (Carm.,  III.,  vi.,  30. 
—Consult  Gaius,  iv.,  71.— Dig-.  14,  tit.  3  )— 5.  (Procem  Inst.)  — 
6.  ("  De  Juris  Docendi  Ratione.") 


INTERCESSIO. 


INTERCESSIO. 


numerous  editions  of  the  Latin  text  of  the  Institu- 
tiones. The  editio  princeps  is  that  of  Mainz,  1468, 
fol. ;  that  of  Klenze  and  Boecking,  Berlin,  1829,  4to, 
contains  hoth  the  Institutiones  and  the  Commenta- 
rii  of  Gaius ;  the  most  recent  edition  is  that  of 
Schrader,  Berlin,  1832  and  1836. 

There  were  various  institutional  works  written 
by  the  Roman  jurists.  There  still  remain  fragments 
of  the  Institutiones  of  TJlpian,  which  appear  to  have 
consisted  of  two  books.  The  four  books  of  the 
Institutiones  of  Gaius  were  formerly  only  known 
(rom  a  few  excerpts  in  the  Digest,  from  the  Epito- 
me contained  in  the  Breviarium,  from  the  Collatio, 
and  a  few  quotations  in  the  Commentary  of  Boethi- 
us  on  the  Topica  of  Cicero,  and  in  Priscian. 

The  MS.  of  Gaius  was  discovered  in  the  library 
of  the  Chapter  of  Verona,  by  Niebuhr,  in  1816.  It 
was  first  copied  by  Gceschen  and  Bethman-Holl- 
weg,  and  an  edition  was  published  by  Gceschen  in 
1820.  The  deciphering  of  the  MS.  was  a  work  of 
great  labour,  as  it  is  a  palimpsest,  the  writing  on 
which  has  been  washed  out,  and  in  some  places 
erased  with  a  knife,  in  order  to  adapt  the  parchment 
for  the  purposes  of  the  transcriber.  The  parch- 
ment, after  being  thus  treated,  was  used  for  tran- 
scribing upon  it  some  works  of  Jerome,  chiefly  his 
epistles.  The  old  writing  was  so  obscure  that  it 
could  only  be  seen  by  applying  to  it  an  infusion  of 
gallnuts.  A  fresh  examination  of  the  MS.  was 
made  by  Bluhme,  but  with  little  additional  profit, 
owing  to  the  condition  of  the  manuscript.  A  second 
edition  of  Gaius  was  published  by  Gceschen  in  1824, 
with  valuable  notes,  and  an  Index  Siglarum  used  in 
the  MS.  The  preface  to  the  first  edition  contains 
the  complete  demonstration  that  the  MS.  of  Verona 
is  the  genuine  Commentaries  of  Gaius,  though  the 
MS.  itself  has  no  title. 

The  arrangement  of  the  matter  in  the  Institutio- 
nes of  Gaius  resembles  that  of  the  Institutiones  of 
Justinian,  which  were  founded  on  them.  The  first 
book  treats  of  the  status  of  persons ;  the  second 
treats  De  Rerum  Divisione  et  Acquisitione,  and 
comprehends  legacies  and  fideicommissa ;  the  third 
book  treats  of  successions  ab  intestato,  and  obliga- 
tions founded  on  contract  and  delict ;  the  fourth 
treats  solely  of  actions,  and  matters  connected 
therewith. 

There  has  been  a  great  difference  of  opinion  as 
to  the  age  of  Gaius,  but  it  appears  from  the  Institu- 
tiones that  he  wrote  that  work  under  Antoninus 
Pius  and  M.  Aurelius. 

Many  passages  in  the  Fragments  of  Ulpian  are 
the  same  as  passages  in  Gaius,  which  may  be  ex- 
plained by  assuming  that  both  these  writers  copied 
such  parts  from  the  same  original.  Though  the 
Institutiones  of  Justinian  were  mainly  based  on 
those  of  Gaius,  it  is  clear  that  the  compilers  of  the 
Institutiones  of  Justinian  often  followed  some  other 
work ;  and,  in  some  instances,  the  Institutiones  of 
Justinian  are  more  clear  and  explicit  than  those  of 
Gaius.  An  instance  of  this  occurs  in  Gaius1  and 
the  Institutiones  of  Justinian.2 

Gaius  belonged  to  the  school  of  the  Sabiniani. 
(Vid  Jurisconsult!.)  The  jurists  whom  he  cites 
in  the  Institutiones  are  Cassius,  Fufidius,  Javole- 
nus,  Julianus,  Labeo,  Maximus,  Q.  Mucius,  Ofilius, 
1'roculus,  Sabinus,  Servius,  Servius  Sulpicius,  Sex- 
tus,  Tubero. 

INSTITUTO'RIA  ACTIO.     (Vid.  Intercessio.) 

I'NSULA.     (Vid.  House,  Roman,  p.  519.) 

INTE'NTIO.     (Vid.  Actio,  p.  20.) 

I'NTEGRUM  RESTITUTIO,  IN.  (FR  Resti- 
tutio.) 

INTERCE'SSIO.  The  verb  intercedere  is  vari- 
pusly  applied  to  express  the  act  of  him  who  in  any 


1.  (iii.,  109.)— 2.  (iii.,  tit.  19,  s.  10.) 


way  undertakes  an  obligation  for  another.  Sponsore.<% 
fidepromissores,  and  fidejussores,  may  be  said  inter- 
cedere. With  respect  to  one  another,  sponsored 
were  consponsores.  *  Sponsores  and  fidepromissores 
were  nearly  in  the  same  condition ;  fidejussore? 
were  in  a  somewhat  different  legal  relation. 

Sponsores  and  fidepromissores  could  only  become 
parties  to  an  obligatio  verborum,  though  in  some 
cases  they  might  be  bound,  when  their  principal 
(qui  promiserit)  was  not,  as  in  the  case  of  a  pupillus 
who  promised  without  the  auctoritas  of  his  tutor, 
or  of  a  man  who  promised  something  after  his 
death.  A  fidejussor  might  become  a  party  to  al' 
obligations,  whether  contracted  re,  verbis,  literis, 
or  consensu.  In  the  case  of  a  sponsor,  the  interro- 
gatio  was,  Idem  dare  spondes  ?  in  the  case  of  a 
fidepromissor,  it  was,  Idem  fidepromittis  1  in  the 
case  of  a  fidejussor,  it  was,  Idem  fide  tua  esse  ju- 
besl  The  object  of  having  a  sponsor,  fidepro- 
missor, or  fidejussor,  was  greater  security  to  the 
stipulator.  On  the  other  hand,  the  stipulator  had 
an  adstipulator  only  when  the  promise  was  to  pay 
something  after  the  stipulator's  death  ;  for  if  there 
was  no  stipulator,  the  stipulatio  was  inutilis  or  void.' 
The  adstipulator  was  the  proper  party  to  sue  after 
the  stipulator's  death,  and  he  could  be  compelled  by 
a  mandati  judicium  to  pay  to  the  heres  whatever 
he  recovered. 

The  heres  of  a  sponsor  and  fidepromissor  was  not 
bound,  unless  the  fidepromissor  were  a  peregrinus, 
whose  state  had  a  different  law  on  the  matter ;  but 
the  heres  of  a  fidejussor  was  bound.  By  the  lex 
Furia,  a  sponsor  and  fidepromissor  were  free  from 
all  liability  after  two  years,  which  appears  to  mean 
two  years  after  the  obligation  had  become  a  present 
demand.  All  of  them  who  were  alive  at  the  time 
when  the  money  became  due  could  be  sued,  b»;* 
each  only  for  his  share.  Fidejussores  were  never 
released  from  their  obligation  by  length  of  time,  and 
each  was  liable  for  the  whole  sum ;  but  by  a  re- 
script (epistola)  of  Hadrian,  the  creditor  was  required 
to  sue  the  solvent  fidejussores  separately,  each  ac- 
cording to  his  proportion. 

A  lex  Apuleia,  which  was  passed  before  the  lex 
Furia,  gave  one  of  several  sponsores  or  fidepromis- 
sores, who  had  paid  more  than  his  share,  an  action 
against  the  rest  for  contribution.  Before  the  pass- 
ing of  this  lex  Apuleia,  any  one  sponsor  or  fidepro- 
missor might  be  sued  for  the  whole  amount ;  but 
this  lex  was  obviously  rendered  useless  by  the  sub- 
sequent lex  Furia,  at  least  in  Italy,  to  which  country 
alone  the  lex  Furia  applied,  wrhile  the  lex  Apuleia 
extended  to  places  out  of  Italy. 

A  fidejussor,  who  had  been  compelled  to  pay  the 
whole  amount,  had  no  redress  if  his  principal  was 
insolvent  ;  though,  as  already  observed,  he  could, 
by  the  rescript  of  Hadrian,  compel  the  creditor  to> 
limit  his  demand  against  him  to  his  share. 

A  creditor  was  obliged  formally  to  declare  his  ac- 
ceptance of  the  sponsores  or  fidepromissores  who 
were  offered  to  him,  and  also  to  declare  what  was 
the  object  as  to  which  they  were  security  :  if  he  did 
not  comply  with  this  legal  requisition,  the  sponsores 
and  fidepromissores  might,  within  thirty  days  (it  is 
not  said  what  thirty  days,  but  probably  thirty  days 
from  the  time  of  the  sureties  being  offered),  demand 
a  praejudicium  (pnejudicium  postulare),  and  if  they 
proved  that  the  creditor  had  not  complied  with  the 
requisitions  of  the  law,  they  were  released. 

A  lex  Cornelia  limited  the  amount  for  which  any 
person  could  be  a  security  for  the  same  person  to 
the  same  person  within  the  same  year,  but  with 
some  exceptions,  one  of  which  was  a  security  "  do- 
tis  nomine."  No  person  could  be  bound  in  a  greater 
amount  than  his  principal,  but  he  might  be  bound 


1.  (Cic.  ad  Att.,  xii.,  17.)— 2.  (Gaius, 


ii.,  mo,  ir.) 
541 


/NTERCESSIO. 


INTERDICTUM. 


in  less ;  and  every  surety  could  recover  on  a  man- 
dati  judicium  from  his  principal  whatever  he  had 
been  compelled  to  pay  on  his  account.  By  a  lex 
Publilia,  sponsores  had  a  special  action  in  duplum, 
which  was  called  an  actio  depensi. 

There  is  a  passage  in  the  Epitome  of  Gaius  in 
the  Breviariun,1  which  is  not  taken  from  Gaius ;  it 
is  to  this  effect :  The  creditor  may  sue  either  the 
debtc-T  or  his  fidejussor;  but  after  he  has  chosen  to 
sap.  one  of  them,  he  cannot  sue  the  other. — Cicero 
appears  to  allude  to  the  same  doctrine2  in  a  passage 
which  is  somewhat  obscure,  and  is  variously  ex- 
plained. The  subject  of  the  sponsio  often  occurs  in 
Cicero's  letters ;  and  in  one  case  he  was  called 
upon  in  respect  of  a  sponsio  alleged  to  have  been 
given  by  him  twenty-five  years  before.3  Cicero 
does  not  raise  any  difficulty  as  to  the  time  that  had 
elapsed,  from  which  it  must  be  inferred  either  that 
the  obligation  had  only  recently  become  a  demand, 
or  that  the  rule  about  the  two  years  did  not  exist 
in  his  time.  Cicero  uses  the  expression  "  appel- 
larc"  to  express  calling  on  a  surety  to  pay.4 

Women  generally  were  incapacitated  from  doing 
many  acts  on  account  of  the  weakness  of  the  sex. 
It  was  a  general  rule  that  any  person  might  "  inter- 
cedes," who  was  competent  to  contract  and  to 
dispose  of  his  property  ;  but  minores  xxv.  and 
women  had  only  a  limited  capacity  in  respect  of 
their  contracts  and  the  disposition  of  their  estates. 
In  the  early  part  of  the  reign  of  Augustus  and  in 
that  of  Claudius,  it  was  declared  by  the  edict  that 
women  should  not "  intercedere"  for  their  husbands. 
Subsequently,  in  the  consulship  of  M.  Silanus  and 
Velleius  Tutor  (A.D.  10),  the  senatus  consultum 
Velleianum  was  passed,  which  absolutely  prohibited 
all  intercessio  by  women  ;  and  the  Novella,  134,  c. 
8,  had  for  its  special  object  to  make  null  all  inter- 
cessio of  a  wife  for  her  husband.  A  woman  who 
was  sued  in  respect  of  her  intercessio  or  her  heres, 
might  plead  the  senatus  consultum,  and  she  might 
recover  anything  that  she  had  paid  in  respect  of  her 
intercessio.  The  senatus  consultum,  though  it  made 
null  the  intercessio  of  a  woman,  protected  the  cred- 
itor so  far  as  to  restore  to  him  a  former  right  of 
action  against  his  debtor  and  fidejussores  :  this  ac- 
tion was  called  restitutoria  or  rescissoria.  In  the 
case  of  a  new  contract,  to  which  the  woman  was  a 
party,  the  intercessio  was  null  by  the  senatus  con- 
sultum, and  the  creditor  had  the  same  action  against 
the  person  for  whom  the  woman  "  intercessit"  as 
he  would  have  had  against  the  woman  :  this  action, 
inasmuch  as  the  contract  had  no  reference  to  a  for- 
mer right,  but  to  a  right  arising  out  of  the  contract, 
was  institutoria.  In  certain  cases,  a  woman  was 
permitted  to  renounce  the  benefit  of  the  senatus 
consultum.5 

INTERCE'SSIO  was  the  interference  of  a  magis- 
tratus  to  whom  an  appeal  (vid.  Appellatio)  was 
made.  The  object  of  the  intercessio  was  to  put  a 
stop  to  proceedings,  on  the  ground  of  informality  or 
other  sufficient  cause.  Any  magistratus  might  "  in- 
tercedere" who  was  of  equal  rank  with,  or  of  rank  su- 
perior to  the  magistratus  from  or  against  whom  the 
appellatio  was.  Cases  occur  in  which  one  of  the 
praetors  interposed  (intercessit)  against  the  proceed- 
ings of  his  colleague.6  The  intercessio  is  most  fre- 
quently spoken  of  with  reference  to  the  tribunes, 
who  originally  had  not  jurisdictio,  but  used  the  in- 
tercessio for  the  purpose  of  preventing  wrong  which 
was  offered  to  a  person  in  their  presence.7  The  in- 
tercessio of  the  tribunes  of  the  plebs  was  auxilium;8 


1.  (ii.,  9,  I)  2.)— 2.  (ad  Att.,  xvi.,  15.)— 3.  (ad  Att.,  xii.,  17.)— 
».  (ad  Att.,  i.,  8 — Compare  Gaius,  iii.,  115-127. — Dig.  44,  tit. 
t  ;  46,  tit.  1.)— 5.  (Dig.  16,  tit.  1  :  ad  S.  C.  Velleianum.— Paulus, 
S.  R.,  ii..  tit.  11.)— 6.  (Cic.  in  Verr.,  i.,  46.)— 7.  (Gell.,  xiii., 
12.)— 8.  Cic,  Pro  Quint,  7,  20.) 
542 


and  it  might  be  exercised  either  in  jure  or  in  judl- 
cio.  The  tribune  qui  intercessit  could  prevent  a 
judicium  from  being  instituted.  That  there  could 
be  an  intercessio  after  the  litis  contestatio  appears 
from  Cicero.1  The  tribunes  could  also  use  the  in- 
tercessio to  prevent  execution  of  a  judicial  sen- 
tence.3 T.  Gracchus  interfered  (intercessit)  against 
the  praetor  Terentius,  who  was  going  to  order  exe« 
cution  in  the  case  of  L.  Scipio,  who  was  condemned 
for  peculation,3  and  he  prevented  Scipio  being  sent 
to  prison,  but  he  did  not  interfere  to  prevent  exe- 
cution being  had  on  his  property.  A  single  tribune 
could  effect  this,  and  against  the  opinion  of  his  col- 
leagues, whjch  was  the  case  in  the  matter  of  L. 
Scipio.     (Vid.  Tribuni.) 

INTERCI'SI  DIES.     (Vid.  Dies,  p.  362.) 

INTERDFCTIO  AQILE  ET  IGNIS.  (Vid. 
Banishment,  Roman.) 

INTERDICTUM.  "  In  certain  cases  (certis  ex 
causis),  the  praetor  or  proconsul,  in  the  first  instance 
(principaliter),  exercises  his  authority  for  the  termi- 
nation of  disputes.  This  he  chiefly  does  when  the 
dispute  is  about  possession  or  quasi-possession  ;  and 
the  exercise  of  his  authority  consists  in  ordering 
something  to  be  done,  or  forbidding  something  to  be 
done.  The  formulae  and  the  terms,  which  he  uses 
on  such  occasions,  are  called  either  interdicta  or 
decreta.  They  are  called  decreta  when  he  orders 
something  to  be  done,  as  when  he  orders  something 
to  be  produced  (exhiberi)  or  to  be  restored  :  they  are 
called  interdicta  when  he  forbids  something  to  be 
done,  as  when  he  orders  that  force  shall  not  be  used 
against  a  person  who  is  in  possession  rightfully 
(sine  vitio),  or  that  nothing  shall  be  done  on  a  piece 
of  sacred  ground.  Accordingly,  all  interdicta  are 
either  restitutoria,  or  exhibitoria,  or  prohibitoria.*" 

This  passage  contains  the  essential  distinction 
between  an  actio  and  an  interdictum,  so  far  as  the 
praetor  or  proconsul  is  concerned.  In  the  case  of 
an  actio,  the  praetor  pronounces  no  order  or  decree, 
but  he  gives  a  judex,  whose  business  it  is  to  inves- 
tigate the  matter  in  dispute,  and  to  pronounce  a  sen- 
tence consistently  with  the  formula,  which  is  his 
authority  for  acting.  In  the  case  of  an  actio,  there- 
fore, the  praetor  neither  orders  nor  forbids  a  thing 
to  be  done,  but  he  says  judicium  dabo.  In  the 
case  of  an  interdict,  the  praetor  makes  an  order  that 
something  shall  be  done  or  shall  not  be  done,  and 
his  words  are  accordingly  words  of  command  :  res- 
tituas,  exhibeas,  vim  fieri  veto.  This  immediate  in- 
terposition of  the  praetor  is  appropriately  expressed 
by  the  word  "  principaliter,"  the  full  effect  of  which 
is  more  easily  seen  by  its  juxtaposition  with  the  oth- 
er words  of  the  passage,  than  by  any  attempt  to  find 
an  equivalent  English  expression. 

Savigny  observes  that  it  may  be  objected  to  this 
exposition,  that  in  one  of  the  most  important  inter- 
dicts, that  De  Vi,  the  formula  is  judicium  dabo.4 
But,  as  he  observes,  the  old  genuine  formula  was 
restituas  ;6  and  the  "judicium  dabo"  must  have 
been  introduced  when  the  formulae  of  the  two  old  in- 
terdicts7 were  blended  together,  and  at  a  time  when 
the  distinctions  between  the  old  formulae  had  be 
come  a  matter  of  indifference. 

The  mode  of  proceeding  as  to  the  interdict  was 
as  follows  :  The  party  aggrieved  stated  his  case  to 
the  praetor,  which  was  the  foundation  of  his  demand 
of  an  interdict,  and  was  therefore  analogous  to  the 
postulatio  actionis.  If  the  praetor  saw  sufficient 
reason,  he  might  grant  the  interdict,  which  was  of- 
ten nothing  more  than  the  words  of  the  edict  ad- 
dressed to  the  litigant  parties  ;  and  in  doing  so,  he 


1.  (Cic,  Pro  Tullio,  c.  38.)  — 2.  (Liv.,  vi.,  27.)  — 3  (Liv, 
xxxviii.,  60.— Gell.,  vii.,  19.)— 4.  (Gaius,  iv.,  139,  140.)— 5.  (Di* 
43,  tit.  16,  s.  1.)— 6.  (Cic,  Pro  Cavern.,  8,  30.)— 7.  ("  Ds  Vx  Ar 
mata"  And  "  De  V'  Quotidiana.") 


INTERDICTUM. 


nN  I  ±;RDICTUM. 


nsed  .lis  "  auctoritas  finiendis  controversiis"  in  the 
Srst  instance  or  immediately,  and  without  the  inter- 
vention of  a  judex  (principaliter),  and  also  "  certis  ex 
causis"  that  is,  in  cases  already  provided  for  by  the 
edict.  If  the  defendant  either  admitted  the  plain- 
tiff's case  before  the  interdict  was  granted,  and 
complied  with  its  terms,  or  submitted  to  the  inter- 
diet  after  it  was  granted,  the  dispute  was,  of  course, 
at  an  end.  This  is  not  stated  by  Gaius,  but  follows 
of  necessity  from  the  nature  of  the  case  ;  and  when 
he  goes  on  to  say  "  that  when  the  praetor  has  order- 
ed anything  to  be  done  or  forbidden  anything  to  be 
done,  the  matter  is  not  then  ended,  but  the  parties 
go  before  a  judex  or  recuperatores,"  he  means 
that  this  farther  proceeding  takes  place  if  the  prae- 
tor's interdict  does  not  settle  the  matter.  The 
whole  form  of  proceeding  is  not  clearly  stated  by 
some  modern  writers,  but  the  following  is  consistent 
with  Gaius  : 

The  complainant  either  obtained  the  interdict  or 
he  did  not,  which  would  depend  upon  the  case  he 
made  out  before  the  praetor.  If  he  failed,  of  course 
the  litigation  was  at  an  end  ;  and  if  he  obtained  the 
interdict,  and  the  defendant  complied  with  its  terms, 
the  matter  in  this  case  also  was  at  an  end.  If  the 
defendant  simply  did  not  obey  the  terms  of  the  in- 
terdict, it  would  be  necessary  for  the  complainant 
again  to  apply  to  the  praetor,  in  order  that  this  fact 
might  be  ascertained,  and  that  the  plaintiff  might 
give  full  satisfaction.  If  the  defendant  was  dissat- 
isfied with  the  interdict,  he  might  also  apply  to  the 
praetor  for  an  investigation  into  the  facts  of  the  case : 
his  allegation  might  be  that  there  was  no  ground  for 
the  interdict.  He  might  also  apply  to  the  praetor 
on  the  ground  that  he  had  satisfied  the  terms  of  the 
interdict,  though  the  plaintiff  was  not  satisfied,  or 
on  the  ground  that  he  was  unable  to  do  more  than 
he  had  done.  In  all  these  cases,  when  the  praetor's 
order  did  not  terminate  the  dispute,  he  directed  an 
inquiry  by  certain  formulae,  which  were  the  instruc- 
tion of  the  judex,  recuperatores,  or  arbiter.  The 
inquiry  would  be,  Whether  anything  had  been  done 
contrary  to  the  praetor's  edict ;  or  Whether  that 
had  been  done  which  he  had  ordered  to  be  done  : 
the  former  inquiry  would  be  made  in  the  case  of  a 
prohibitory  interdict,  and  the  latter  in  the  case  of 
an  exhibitory  or  restitutory  interdict.  With  regard 
to  the  expression  just  used,  namely,  "  the  praetor's 
edict,"  it  must  be  observed  that  "  edict"  is  the  word 
used  by  Gaius,  but  that  he  means  "  interdict."  He 
uses  "  edict"  because  the  "  interdict"  would  only 
be  granted  in  such  cases  as  were  provided  for  by 
the  "  edict"  (certis  ex  causis),  and  thus  an  interdict 
was  only  an  application  of  the  "  edict"  to  a  particu- 
lar case. 

In  the  case  of  interdicta  prohibitoria  there  was 
always  a  sponsio  ;  that  is,  the  parties  were  required 
to  deposite  or  give  security  for  a  sum  of  money,  the 
loss  of  which  was  in  the  nature  of  a  penalty  (poe- 
na) to  the  party  who  failed  before  the  judex :  this 
sponsio  was  probably  required  by  the  praetor.  In 
the  case  of  interdicta  restitutoria  and  prohibitoria, 
the  proceeding  was  sometimes  per  sponsionem,  and 
therefore  before  a  judex  or  recuperatores,  and  some- 
times, without  any  sponsio,  per  formulam  arbitra- 
riam,  that  is,  before  an  arbiter.  In  the  case  of  these 
two  latter  interdicts,  it  seems  to  have  depended  on 
the  party  who  claimed  the  inquiry  whether  there 
should  be  a  sponsio  or  not :  if  such  party  made  a 
sponsio,  that  is,  proffered  to  pay  a  sum  of  money  if 
he  did  not  make  out  his  case,  the  opposite  party 
was  required  to  make  one  also.  In  the  case  of  Cae 
cina1  a  sponsio  had  been  made :  Cicero  says,  ad- 
dressing the  recuperatores,  "  sponsio  facta  est :  hac 
de  sponsione  vobis  judicandum  est.'"    In  fact,  when  the 

1.  <nc,  ProCaecii.,  8.) 


matter  came  before  a  judex  or  arbiter,  the  iorm  oi 
proceeding  was  similar  to  the  ordinary  judicium. 

The  chief  division  of  interdicts  has  been  stated. 
Another  division  of  interdicts  was  into  those  for  the 
purpose  of  acquiring  possession,  retaining  posses- 
sion, or  recovering  possession.1 

The  interdictum  adipiscendae  possessionis  was 
given  to  him  to  whom  the  bonorum  possessio  (vid.  \ 
Bonorum  Possessio)  was  given,  and  it  is  referred 
to  by  the  initial  words  quorum  bonorum.2  Its  op- 
eration was  to  compel  a  person,  who  had  possession 
of  the  property  of  wyhich  the  bonorum  possessio  ;ras 
granted  to  another,  to  give  it  up  to  such  person, 
whether  the  person  in  possession  of  such  property 
possessed  it  pro  herede  or  pro  possessore.  The 
bonorum  emtor  (vid.  Bonorum  Emtio)  was  also  en- 
titled to  this  interdict,  which  was  sometimes  called 
possessorium.  It  was  also  granted  to  him  who 
bought  goods  at  public  auction,  and  in  such  case 
was  called  sectorium,  the  name  "  sectores"  being 
applied  to  persons  who  bought  property  in  such 
manner.8 

The  interdictum  salvianum  was  granted  to  the 
owner  of  land,  and  enabled  him  to  take  possession 
of  the  goods  of  the  colonus,  who  had  agreed  that  his 
goods  should  be  a  security  for  his  rent. 

This  interdict  was  not  strictly  a  possessorial  in- 
terdict, as  Savigny  has  shown.4  It  did  not,  like  the 
two  other  interdicts,  presuppose  a  lawful  posses- 
sion, that  is,  a  jus  possessionis  acquired  by  the  fact 
of  a  rightful  possession  :  the  complainant  neither 
alleged  an  actual  possession  nor  a  former  possession. 

The  interdictum  retinendae  possessionis  could  only 
be  granted  to  a  person  who  had  a  rightful  possessio, 
and  he  was  entitled  to  it  in  respect  of  injury  sus- 
tained by  being  disturbed  in  his  possession,  in  re- 
spect of  anticipated  disturbance  in  his  possession, 
and  in  the  case  of  a  dispute  as  to  ownership,  in 
which  the  matter  of  possession  was  first  to  be  in- 
quired into.  Its  effect  in  the  last  case  would  be,  aa 
Gaius  states,  to  determine  which  of  two  litigant 
parties  should  possess,  and  which  should  be  the 
claimant.  There  were  two  interdicts  of  this  class, 
named  respectively  Uti  possidetis  and  utrubi,  from 
the  initial  words  of  the  edict.  The  interdictum  uti 
possidetis  applied  to  land  or  houses,  and  the  other 
to  movables.  The  uti  possidetis  protected  the  per- 
son who  "at  the  time  of  obtaining  the  interdict  was 
in  actual  possession,  provided  he  had  not  obtained 
the  possession  against  the  other  party  (adversarius) 
vi,  clam,  or  precario,  which  were  the  three  vitia  pos- 
sessionis.5 In  the  case  of  the  interdictum  utrubi, 
the  possession  of  the  movable  thing  was  by  the  in- 
terdict declared  to  belong  to  him  who  had  possessed 
the  thing  against  the  other  party  during  the  great 
er  part  of  that  year,  "  nee  vi  nee  clam  nee  precario.* 
There  were  some  peculiarities  as  to  possessio  of  mo- 
vable things.6 

The  interdictum  recuperandae  possessionis  might 
be  claimed  by  him  who  had  been  forcibly  ejected 
(vi  dejectus)  from  his  possession  of  an  immovable 
thing,  and  its  effect  was  to  compel  the  wrong-doei 
to  restore  the  possession,  and  to  make  good  all 
damage.  The  initial  words  of  the  interdict  were 
"  unde  tu  ilium  vi  dejecisti"  and  the  words  of  com- 
mand were  ueo  restituas."1  There  were  two  cases 
of  vis  :  one  of  vis  simply,  to  which  the  ordinary  in- 
terdict applied,  which  Cicero  calls  quotidianum  ; 
the  other  of  vis  armata,  which  had  been  obtained 
by  Caecina  against  ^Ebutius.  The  plaintiff  had  to 
prove  that  he  was  in  possession  of  the  premises, 

1.  (Gaius,  iv.,  144.)— 2.  (Di?.  43,  tit.  2,  s.  1.)— 3.  (Cic,  Pro 
Rose.  Amer.,  36.)— 4.  (Das  Recht  des  Eesitzes,  p.  410  )— 5. 
(Festus,  s.  v.  Possessio.— Gaius,  iv.,  160.)— 6.  (Gaius,  iv.,  151.) 
—7.  (Cic,  Pro  Ciecin.,  30  —III.,  Pro  Tull.,  4,  29,44.— Gaius.   v 
164.) 

543 


iNTERDIUTlU. 


fNTEREST  OF  MONEY. 


and  had  been  ejected  by  the  defendant  or  his  agents 
[familia  or  procurator1).  If  the  matter  came  befoie 
a  judex,  the  defendant  might  allege  that  he  had 
complied  with  the  interdict,  "  restituisse,"  though 
he  had  not  done  so  in  fact ;  but  this  was  the  form 
of  the  sponsio,  and  the  defendant  would  succeed 
before  the  judex  if  he  could  show  that  he  was  not 
bound  to  restore  the  plaintiff  to  his  possession.8 

The  defendant  might  put  in  an  answer  (exceptio) 
to  the  plaintiff's  claim  for  restitution  :  he  might 
show  that  the  plaintiff's  possession  commenced  ei- 
ther vi,  clam,  or  precario  with  respect  to  the  de- 
fendant ;3  but  this  exceptio  was  not  allowed  in  the 
case  of  vis  armata.*  The  defendant  might  also 
plead  that  a  year  had  elapsed  since  the  violence 
complained  of,  and  this  was  generally  a  good  plea, 
for  the  interdict  contained  the  words  "  in  hoc  anno." 
But  if  the  defendant  was  still  in  possession  after  the 
year,  he  could  not  make  this  plea,  nor  could  he  avail 
himself  of  it  in  a  case  of  vis  armata.* 

A  ciandestina  possessio  is  a  possessio  in  which 
the  possessor  takes  a  thing  (which  must,  of  course, 
be  a  movable  thing)  secretly  (furtive),  and  without 
the  knowledge  of  the  person  whose  adverse  claim 
to  the  possession  he  fears.  Such  a  possessio,  when 
it  was  a  disturbance  of  a  rightful  possessio,  gave 
the  rightful  possessor  a  title  to  have  the  interdict 
de  ciandestina  possessione  for  the  recovery  of  his 
possession.  All  traces  of  this  interdict  are  nearly 
lost ;  but  its  existence  seems  probable,  and  it  must 
have  had  some  resemblance  to  the  interdictum  de 
vi.  The  exceptio  clandestine  possessionis  was 
quite  a  different  thing,  inasmuch  as  a  clandestine 
possessio  did  not  necessarily  suppose  the  lawful 
possession  of  another  party. 

The  interdictum  de  precaria  possessione  or  de 
precario  applied  to  a  case  of  precarium.  It  is  pre- 
carium  when  a  man  permits  another  to  exercise 
ownership  over  his  property,  but  retains  the  right 
of  demanding  the  property  back  when  he  pleases. 
It  is  called  precarium  because  the  person  who  re- 
ceived such  permission  usually  obtained  it  by  re- 
quest (precc),  though  request  was  not  necessary  to 
constitute  precarium,  for  it  might  arise  by  tacit 
permission.6  The  person  who  received  the  deten- 
tion of  the  thing,  obtained  at  the  same  time  a  legal 
possession,  unless  provision  to  the  contrary  was 
made  by  agreement.  In  either  case  the  permission 
could  at  any  time  be  recalled,  and  the  possessio, 
which  in  its  origin  was  justa,  became  injusta,  viti- 
osa,  as  soon  as  restitution  was  refused.  Restitution 
could  be  claimed  by  the  interdictum  de  precario, 
precisely  as  in  the  case  of  vis  ;  and  the  sole  founda- 
tion of  the  right  to  this  interdict  was  a  vitiosa  pos- 
sessio, as  just  explained.  The  precarium  wras  nev- 
er viewed  as  a  matter  of  contract.  The  interdictum 
de  precario  originally  applied  to  land  only,  but  it  was 
subsequently  extended  to  movable  things.  The 
obligation  imposed  by  the  edict  wras  to  restore  the 
thing,  but  not  its  value,  in  case  it  was  lost,  unless 
dolus  or  lata  culpa  could  be  proved  against  the  de- 
fendant. (Vid.  Culpa.)  But  from  the  time  that 
the  demand  is  made  against  the  defendant,  he  is 
in  mora,  and,  as  in  the  case  of  the  other  interdicts, 
he  is  answerable  for  all  culpa,  and  for  the  fruits  or 
profits  of  the  thing ;  and  generally  he  is  bound  to 
place  the  plaintiff  in  the  condition  in  which  he  would 
have  been  if  there  had  been  no  refusal.  No  excep- 
tions were  allowed  in  the  case  of  a  precarium. 

The  origin  of  the  precarium  is  referred  by  Sa- 
vigny to  the  relation  which  subsisted  between  a 
patronus  and  his  cliens,  to  whom  the  patronus  gave 
the  use  of  a  portion  of  the  ager  publicus.     Ifi  the 

1.  (Cic,  Pro  Tull.,  29.)— 2.  (Pro  Csecin.,  8,  32.)— 3.  (Pro  Cas- 
ein., 32.— Pro  Tull.,  44.)— 4    (Pro  Caecin.,  8,  32.)— 5.  (Cic.  ad 
Fam.,  xv.,  16.)— 6.  (Paulus,  S.  R.,  v.,  tit.  6,  s.  11.) 
544 


cliens  refused  to  restore  the  land  upon  demand,  tho 
patronus  was  entitled  to  the  interdictum  de  pre- 
cario.    As  the  relation  between  the  patronus  and 
the  cliens  was  analogous  to  that  between  a  parent 
and  his  child,  it  followed  that  there  was  no  contract 
between  them,  and  the  patron's  right  to  demand  the 
land  back  was  a  necessary  consequence  of  the  rela- 
tion between  him  and  his  cliens.1     The  precarium 
did  not  fall  into  disuse  when  the  old  ager  publicu* 
ceased  to  exist,  and  in  this  respect  it  followed  the 
doctrine  of  possessio  generally.     {Vid.  Agrari^ 
Leges.)    It  was,  in  fact,  extended  and  applied  io 
other  things,  and,  among  them,  to  the  case  of  pledge. 
(Vid.  Pignus.) 

Gaius2  makes  a  third  division  of  interdicta  into 
simplicia  and  duplicia.  Simplicia  are  those  in  which 
one  person  is  the  plaintiff  (actor),  and  the  other  is 
the  defendant  (reus) :  all  restitutoria  and  exhibitoria 
interdicta  are  of  this  kind.  Prohibitoria  interdicta 
are  either  simplicia  or  duplicia  :  they  are  simplicia 
in  such  cases  as  those,  when  the  praetor  forbids 
anything  to  be  done  in  a  locus  sacer,  in  a  fiumen 
publicum,  or  on  a  ripa.  They  are  duplicia  as  in  the 
case  of  the  interdictum  uti  possidetis  and  utrubi ; 
and  they  are  so  called,  says  Gaius,  because  each  of 
the  litigant  parties  may  be  indifferently  considered 
as  actor  or  reus,  as  appears  from  the  terms  of  the 
interdict.3 

Interdicta  seem  to  have  been  also  called  duplicia 
in  respect  of  their  being  applicable  both  to  the  ac- 
quisition of  a  possession  which  had  not  been  had 
before,  and  also  to  the  recovery  of  a  possession. 
An  interdict  of  this  class  was  granted  in  the  case 
of  a  yindicatio.  or  action  as  to  a  piece  of  land 
against  a  possessor  who  did  not  defend  his  posses- 
sion, as,  for  instance,  when  he  did  not  submit  to  a 
judicium,  and  give  the  proper  sponsiones  or  satisda- 
tiones.  A  similar  interdict  was  granted  in  the  case 
of  a  vindicatio  of  an  hereditas  and  a  ususfructus. 
Proper  security  was  always  required  from  the  per- 
son in  possession,  in  the  case  of  an  in  rem  actio,  in 
order  to  secure  the  plaintiff  against  any  loss  or  in- 
jury that  the  property  might  sustain  while  it  was  in 
the  possession  of  the  defendant.  If  the  defendant 
refused  to  give  such  security,  he  lost  the  possession, 
which  was  transferred  to  the  plaintiff  (petitor).* 

(For  other  matters  relating  to  the  Interdict,  see 
Gaius,  iv.,  138-170.  —  Paulus,  5.  R.,  v.,  tit.  6  — 
Dig.  43. — Savigny,  Das  Recht  des  Besitzes,  p.  403- 
516. — Savigny  and  Haubold,  Zeitschrift,  vol.  iii.,  p. 
305,  358.) 

INTEREST  OF  MONEY.  Under  this  head  it 
is  proposed  to  give  an  account  of  the  conditions 
upon  which  money  was  lent  among  the  Greeks  and 
Romans. 

I.  Greek  Interest.  At  Athens,  Solon,  among 
other  reforms,  abolished  the  law  by  which  a  credit- 
or was  empowered  to  sell  or  enslave  a  debtor,  and 
prohibited  the  lending  of  money  upon  a  person's 
own  body  (et<1  role  oiopaoi  pvdeva  daveifriv*).  No 
other  restriction,  we  are  told,  was  introduced  by 
him,  and  the  rate  of  interest  was  left  to  the  discre- 
tion of  the  lender  (to  upyvpiov  ardenpov  elvai  fy 
oKonci  civ  fiovknrai  6  davzifcv').  The  only  case  in 
which  the  rate  was  prescribed  by  law  was  in  the 
event  of  a  man  separating  from  his  lawful  wife,  and 
not  refunding  the  dowry  he  had  received  with  her. 
Her  trustees  or  guardians  (ol  icvpioi)  could  in  that 
case  proceed  against  him  for  the  principal,  with 
lawful  interest  at  the  rate  of  18  pel  cent.  (Vid. 
Dos,  Greek.) 
Any  rate  might  be  expressed  or  represented  itf 


1.  (Festus,  s.  v.  Patres.)— 2.  (iv.,  156.)— 3.  (Gums,  iv.,  160^ 
— 4  (Rudorff,  Ueber  das  Interdict  Quem  Fundum,  Ac,  Zeit 
schrift,  vol-  ix.)— 5.  (Plut.,  Sol.,  c.  15.)— 6.  (Lvs.  in  Theria. 
117.) 


INTEREST  OF  MONEY. 


INTEREST  OF  MONEY. 


wo  different  ways  :  (1.)  by  the  number  of  oboli  or 
irachm®  paid  by  the  month  for  every  mina  :  (2.)  by 
the  part  of  the  principal  (to  dpxalov  or  Ke<f>d2.aiov) 
paid  as  interest,  either  annually  or  for  the  whole 
period  of  the  loan.  According  to  the  former  meth- 
od, which  was  generally  used  when  money  was 
lent  upon  real  security  (tokol  eyyvoL  or  eyyeioi),  dif- 
ferent rates  were  expressed  as  follows :  10  per 
cent,  by  em  ttevte  bSohois,  i.  e.,  5  oboli  per  month 
for  every  mina,  or  60  oboli  a  year  =  10  drachmas  = 
j-'j  of  a  mina.  Similarly, 
12  per  cent,  by  em  dpaxfiy  per  month. 

16  per  cent,  by  fa?  oktu  bftolols  " 

18  per  cent,  by  eir'  kvvea  bBolols  " 

24  per  cent,  by  em  dval  dpaxpais  " 

36  per  cent,  by  km  Tptal  dpaxfials  " 
5  per  cent,  by  em  Tpiru  riiLtotokiut,  probably. 
(2.)  Another  method  was  generally  adopted  in 
cases  of  bottomry,  where  money  was  lent  upon  the 
ship's  cargo  or  freightage  (em  r<p  vauAw),  or  the 
ship  itself,  for  a  specified  time,  commonly  that  of 
the  voyage.*  By  this  method  the  following  rates 
were  thus  represented  : 

10  per  cent,  by  tokol  emdeKarot,  i.  c,  interest  at 
the  rate  of  a  tenth  ;  12i,  16§,  20,  331,  by  tokol 
\7r6ydoot,  etpeicToi,  tmiveinrToi,  and  emTpiToi,  respect- 
ively.    So  that,  as  Bockh1  remarks,  the  tokos  eni- 
deicaTog  is  equal  to  the  em  nevre  060X01$  : 
The  tokos  eiroydoos      =  the  em  dpaxfirj         nearly. 
'*      efyeKTog        =  the  ere'  oktcj  b6o7iolg       " 
M      eniTzefircTog  =  the  eir'  kvvea  b6o2,ols      " 
"      emTpnog     =  the  em  Tptal  SpaxfJ-ais  " 
These  nearly  corresponding  expressions  are  not 
to  be  considered  as  identical,  however  closely  the 
rates  indicated  by  them  may  approach  each  other 
in  value  ;  although,  in  the  age  of  Justinian,  as  Sal- 
masius1  observes,  the  tokos  eiroydoos,  or  12£  per 
cent.,  was  confounded  with  the  centesimce,  which  is 
exactly  equal  to  the  interest  at  a  drachma,  or  12  per 
cent. 

The  rates  above  explained  frequently  occur  in 
the  orators ;  the  lowest  in  ordinary  use  at  Athens 
being  the  tokos  ewtdeKciTos,  or  10  per  cent.,  the  high- 
est the  tokos  emTpiTos,  or  33£  per  cent.  The  latter, 
however,  was  chiefly  confined  to  cases  of  bottomry, 
and  denotes  more  than  it  appears  to  do,  as  the 
time  of  a  ship's  voyage  was  generally  less  than 
a  year.  Its  near  equivalent,  the  em  Tptal  dpaxfials, 
or  36  per  cent.,  was  sometimes  exacted  by  bankers 
it  Athens.'  The  em  dpaxpy,  or  rate  of  12  per 
lent.,  was  common  in  the  time  of  Demosthenes,* 
■)ut  appears  to  have  been  thought  low.  The  inter- 
est of  eight  oboli,  or  16  per  cent.,  occurs  in  that  or- 
ator ;*  and  even  in  the  age  of  Lysias  (B.C.  440)  and 
*'saeus  (B.C.  400),  nine  oboli  for  the  mina,  or  18  per 
cent.,  appears  to  have  been  a  common  rate.6  JEs- 
ohines  also7  speaks  of  money  being  borrowed  on  the 
same  terms ;  so  that,  on  the  whole,  we  may  conclude 
that  the  usual  rates  of  interest  at  Athens  about  the 
time  of  Demosthenes  varied  from  12  to  18  per  cent. 
Thai,  they  were  nearly  the  same  in  range,  and  sim- 
ilarly expressed,  throughout  the  rest  of  Greece,  ap- 
pears from  the  authorities  quoted  by  Bockh.8  No 
concl  isions  on  the  subject  of  the  general  rate  of  in- 
terest can  be  drawn  from  what  we  are  told  of  the 
exorbitant  rates  exacted  by  common  usurers  (toko- 
y~kvtyoi,  toculliones,  7}fiepod*aveioTai).  Some  of  these9 
exacted  as  much  as  an  obolus  and  a  half  per  day 
Tor  each  drachma  ;  and  money-lenders  and  bankers 
in  general,  from  the  high  profits  which  they  real- 
ized, and  the  severity  with  which  they  exacted  their 
dues,  seem  to  have  been  as  unpopular  among  their 

I.  (Pub.Ecoii.  of  Athens,  i.,p.  166.)— 2.  (De  M.  U.)— 3.  (Lys  , 
Fra?.,B.)— 4.  (c.  Aph.,  820, 16.)— 5.  (c.  Nicos.,  p.  1250,  IS.)— 6. 
(Isajus,  De  Ha<m.  han-ed.,  p.  293.)— 7.  (c.  Timarch.,  p.  15.)— o. 
(i.,  176.)— 9.  (Theophrast.,  Charact.,  6.) 

7   7.   2 


fellow-citizens  as  Jews  and  usurers  in  more  modem 
times.  Demosthenes,1  indeed,  intimates  that  the 
fact  of  a  man  being  a  money-lender  was  enough  to 
prejudice  him,  even  in  a  court  of  law,  among  the 
Athenians  (Miaovoiv  ol  'Adnvaloi  tovs  daveifrvTas). 
It  is  curious,  also,  to  observe  that  Aristotle3  objects, 
on  principle,  to  putting  money  out  at  interest  (ev- 
hoyuTaTa  p-iaeiTai  rj  bftolooTaTiKr]),  as  being  a  per- 
version of  it  from  its  proper  use,  as  a  medium  of 
exchange,  to  an  unnatural  purpose,  viz.,  the  repro- 
duction or  increase  of  itself;  whence,  he  adds, 
comes  the  name  of  interest  or  tokos,  as  being  the 
offspring  (to  yiyvb/ievov)  of  a  parent  like  itself. 

The  arrangement  of  a  loan  would,  of  course,  de- 
pend upon  the  relation  between  the  borrower  and 
the  lender,  and  the  confidence  placed  by  one  in  the 
other.  Sometimes  money  was  lent,  e.  g.,  by  the 
banker  Pasion  at  Athens,  without  a  security,  or 
written  bond,  or  witnesses.3  But  generally  either 
a  simple  acknowledgment  (xeipbypaQov)  was  given 
by  the  borrower  to  the  lender  (md.  Chirographum), 
or  a  regular  instrument  (avyypaf?)),  executed  by 
both  parties  and  attested  by  witnesses,  was  depos- 
ited with  a  third  party,  usually  a  banker.*  Wit- 
nesses, as  we  might  expect,  were  also  present  at 
the  payment  of  the  money  borrowed.5  The  secu- 
rity for  a  loan  was  either  a  vTTodrjKt]  or  an  evexvpov  : 
the  latter  was  put  into  the  possession  of  the  lender; 
the  former  was  merely  assured  to  him,  and  gener- 
ally, though  not  always,  consisted  of  real  or  immo- 
vable property.  The  evexvpa,  on  the  contrary,  gen- 
erally consisted  of  movable  property,  such  as  goods 
or  slaves.6  At  Athens,  when  land  was  given  as 
security,  or  mortgaged  (ovala  vtroxpeuc),  pillars  (opoi 
or  GTTjlaC)  were  set  upon  it,  with  the  debt  and  the 
mortgagee's  name  inscribed.  Hence  an  unencum 
bered  estate  was  called  an  ugtiktov  xupiov.''  (Vid. 
Horoi.)  In  the  rest  of  Greece  there  were  public 
books  of  debt,  like  the  German  and  Scotch  registers 
of  mortgages  ;  but  they  are  not  mentioned  as  hav- 
ing existed  at  Athens.8 

Bottomry  (to  vavTiKov,  tokol  vclvtikoi  or  eKdoais) 
was  considered  a  matter  of  so  much  importance  at 
Athens,  that  fraud  or  breach  of  contract  in  transac- 
tions connected  with  it  was  sometimes  punished 
with  death.9    In  these  cases  the  loans  were  gener- 
ally made  upon  the  cargo  shipped,  sometimes  on  the 
vessel  itself,  and  sometimes  on  the  money  received 
or  due  for  passengers  and  freightage  (£7u  r<p  vavloi). 
The  principal  (eKOoo-Ls,  oiovel  etja)  docis10),  as  well  as 
the  interest,  could  only  be  recovered  in  case  the 
ship  met  with  no  disaster  in  her  voyage  (cudelarjs 
T7js  veug11) ;  a  clause  to  this  effect  being  generally 
inserted  in  all  agreements  of  bottomry  or  vavTiKal 
ovyypatyai.     The  additional  risk  incurred  in  loans 
of  this  description  was  compensated  for  by  a  high 
rate  of  interest,  and  the  lenders  took  every  precau- 
tion against  negligence  or  deception  on  the  part  of 
the  borrowers ;  the  latter  also  were  careful  to  have 
witnesses  present  when  the  cargo  was  put  on  board, 
for  the  purpose  of  deposing,  if  necessary,  to  a  bona 
fide  shipping  of  the  required  amount  of  goods.1'  The 
loan  itself  was  either  a  ddveLOfia  irepoTzXovv,  i.  c, 
for  a  voyage  out,  or  it  was  a  ddveLOfia  u/i6oTep6- 
n?.ovv,  i.  e.,  for  a  voyage  out  and  home.     In  the  for- 
mer case,  the  principal  and  interest  were  paid  at  the 
place  of  destination,  either  to  the  creditor  himself 
if  he  sailed  in  the  ship,  or  to  an  authorized  agent.13 
In  the  latter  case  the  payment  was  made  on  the  re- 
turn of  the  ship,  and  it  was  specially  provided  in 


1.  (c.  Pant.,  p.  981.)  —2.  (Pol.,  i.,3,  I)  23.)— 3.  (Demosth.,  c. 
Timoth.,  14.)— 4.  (Demosth.,  c.  Lac,  p.  927.— Id.,  c.  Phor.,  908, 
22.)— 5.  (Id.,c.  Phor.,  915,  27.)— 6.  (Bockh,  i.,  p.  172.— Wacb 
smuth,  ii.,  1,  p.  225.) — 7.  (Harpocrat.,  s.  v.)— 8.  (Bockh,  i.,  p 
172.)  —9.  (Demosth.,  c.  Phor.,  922,  3.)—  10.  (Harpocrat.)—  11 
(Demosth.,  c.  Zenoth.,  883,  16.)  —  12.  (Demosth.,  c.  Phor.,  915 
13.)  —  13.  (Demosth.,  c.  Phor.,  90S,  24  and  914,  28.) 

54* 


INTEREST  OF  MONEY. 


INTERES1  OF  MONEY. 


the  agreement  between  the  contracting  parties,  that 
she  should  sail  to  some  specified  places  only.  A 
deviation  from  the  terms  of  the  agreement,  in  this 
or  other  respects,  was,  according  to  a  clause  usually 
inserted  in  the  agreement,  punishable  by  a  fine  of 
twice  the  amount  of  the  money  lent.1  Moreover, 
if  the  goods  which  formed  the  original  security 
were  sold,  fresh  articles  of  the  same  value  were  to 
be  shipped  in  their  place.2  Sometimes,  also,  the  tra- 
der (o  eunopoc)  was  himself  the  owner  of  the  vessel 
\6  vavtcXnpoc),  which  in  that  case  might  serve  as  a 
security  for  the  money  borrowed.3 

The  rate  of  interest  would,  of  course,  vary  with 
the  risks  and  duration  of  the  voyage,  and  therefore 
we  cannot  expect  to  find  that  it  was  at  all  fixed. 
Xenophon*  speaks  of  the  fifth  and  third  parts  of  the 
capital  lent  as  being  commonly  given  in  bottomry, 
referring,  of  course,  to  voyages  out  and  home.  The 
interest  of  an  eighth,  or  12§  per  cent.,  mentioned  by 
Demosthenes,5  was  for  money  lent  on  a  trireme, 
during  a  passage  from  Sestos  to  Athens,  but  upon 
condition  that  she  should  first  go  to  Hierum  to 
convoy  vessels  laden  with  corn  ;  the  principal  and 
interest  were  to  be  paid  at  Athens  on  her  arrival 
there.6 

The  best  illustration  of  the  facts  mentioned  above 
is  found  in  a  vavriK-q  cvyypafyf},  given  in  the  speech 
of  Demosthenes  against  Lacritus.  It  contains  the 
following  statement  and  conditions. 

Two  Athenians  lent  two  Phaselitans  3000  drach- 
mae upon  a  cargo  of  3000  casks  of  Mendean  wine, 
on  which  the  latter  were  not  to  owe  anything  else, 
or  raise  any  additional  loan  (ovd'  kiudaveioovTai). 
They  were  to  sail  from  Athens  to  Mende  or  Scione, 
where  the  wine  was  to  be  shipped,  and  thence  to 
the  Bosporus,  with  liberty,  if  they  preferred  it,  to 
continue  their  voyage  on  the  left  side  of  the  Black 
Sea  as  far  as  the  Borysthenes,  and  then  to  return 
to  Athens ;  the  rate  of  interest  being  fixed  at  225 
drachmae  in  1000,  or  25  per  cent,  for  the  whole  time 
of  absence.  If,  however,  they  did  not  return  to 
Hierum,  a  port  in  Bithynia  close  to  the  Thracian 
Bosporus,7  before  the  early  rising  of  Arcturus,  i.  e., 
before  the  20th  of  September  or  thereabout,  when 
navigation  began  to  be  dangerous,  they  had  to  pay 
a  higher  rate  of  30  per  cent.,  on  account  of  the  addi- 
tional risk.  The  agreement  farther  specified  that 
there  should  be  no  change  of  vessel  for  the  return 
cargo,  and  that,  if  it  arrived  safe  at  Athens,  the  loan 
was  to  be  repaid  within  twenty  days  afterward, 
without  any  deductions  except  for  loss  by  payments 
made  to  enemies,  and  for  jettisons  (hreXeg  -kXtjv 
£K6o\rjg,  k.  t.  A.)  made  with  the  consent  of  all  on 
board  (ol  avuirloc)  ;  that,  till  the  money  was  repaid, 
the  goods  pledged  (to,  viroKeiueva)  should  be  under 
?the  control  of  the  lenders,  and  be  sold  by  them,  if 
payment  was  not  made  within  the  appointed  time  ; 
:>that  if  the  sale  af  the  goods  did  not  realize  the  re- 
quired amount,  the  lender  might  raise  the  remainder 
by  making  a  levy  (irpa^LQ)  upon  the  property  of  both 
or-either  of  the  traders,  just  as  if  they  had  been  cast 
in  a  suit,  and  became  VTrep7Jfiepoi,  i.  e.,  had  not  com- 
splied  with  a  judgment  given  against  them  within  the 
lime  appointed.  Another  clause  in  the  agreement 
provides  for  the  contingency  of  their  not  entering 
the  Pontus  ;  in  that  case  they  were  to  remain  in  the 
Hellespont,  at  the  end  of  July,  for  ten  days  after  the 
early  rising  of  the  dog-star  (em  kvvi),  discharge  their 
-cargo  (e^eTiecdaC)  in  some  place  where  the  Atheni- 
ans had  no  right  of  reprisals  (ottov  uv  urj  avlat  ticrt 
Totc^AOnvaioig),  (which  might  be  executed  unfairly, 
and  would  lead  to  retaliations),  and  then,  on  their 

1.  (Demosth.,  c.  Dionys.,  1294.)  —  2.  (Demosth.,  c.  Phorm., 
80fc\  36.)— 3.  (Demosth.,  c.  Dionys.,  1284,  11.)— 4.  (Ilepi  Yl6pu>v  ! 
iii.,-7,  14.)— 5.  («.  Polycl.,  1212  )— 0.  (Bockh,  i,  p.  181.)— 7. 
iWrtf  Ad  Lept.,  p.  259.) 

54a 


return  to  Athens,  they  were  to  pay  the  lo/ver  me 
of  interest,  or  25  per  cent.  Lastly,  if  the  vessel 
were  to  be  wrecked,  the  cargo  was,  if  possible,  to 
be  saved  ;  and  the  agreement  was  to  be  conclusive 
on  all  points. 

From  the  preceding  investigation,  it  appeal b  that 
the  rate  of  interest  among  the  ancient  Greeks  was 
higher  than  in  modern  Europe,  and  at  Rome  in  the 
age  of  Cicero.1  This  high  rate  does  not  appear  to 
have  been  caused  by  any  scarcity  of  money,  for  the 
rent  of  land  and  houses  in  Athens  and  its  neigh- 
bourhood was  not  at  all  proportional  to  it.  Thus 
Iseeus8  says  that  a  house  at  Thriae  was  let  for  only 
8  per  cent,  of  its  value,  and  some  houses  at  Melite 
and  Eleusis  for  a  fraction  more.  We  should,  there- 
fore, rather  refer  it  to  a  low  state  of  credit,  occa- 
sioned by  a  variety  of  causes,  such  as  the  division 
of  Greece  into  a  number  of  petty  states,  and  the 
constitution  and  regulation  of  the  courts  of  law, 
which  do  not  seem  to  have  been  at  all  favourable 
to  money-lenders  in  enforcing  their  rights.  Bockh 
assigns  as  an  additional  cause  "  the  want  of  moraL 
principles." 

II.  Roman  Interest.  The  Latin  word  for  inter- 
est, fenus  or  fmnus,  originally  meant  any  increase, 
and  was  thence  applied,  like  the  Greek  tokoc  to  de- 
note the  interest  or  increase  of  money.  "  Fenus," 
says  Varro,3  "  dictum  afetu  et  quasi  a  fetura  quadam 
pecuniiz  parientis  atque  incrcscenlis."  The  same 
root  is  found  in  fecundus.  Fenus  was  also  used 
for  the  principal  as  well  as  the  interest.4  Another 
term  for  interest  was  usurae,  generally  found  in  the 
plural,  and  also  impendium,  on  which  Varro5  re- 
marks, "a  quo  (pondere)  usura  quod  in  sorte  accede- 
bat,  impendium  appellatum." 

Towards  the  close  of  the  Republic,  the  interest 
of  money  became  due  on  the  first  of  every  month  : 
hence  the  phrases  tristes  or  celeres  calendae  and 
calendarium,  the  latter  meaning  a  debt-book  or  book 
of  accounts.  The  rate  of  interest  was  expressed  in 
the  time  of  Cicero,  and  afterward,  by  means  of  the 
as  and  its  divisions,  according  to  the  following  table : 

Asses  usura?,  or  one  as  per  month 
for  the  use  of  one  hundred     .      =12  per  cent. 

Deunces  usurae 11  " 

Dextantes     " 10  " 

Dodrantes    " 9  " 

Besses          " 8  " 

Septunces     "      . 7  " 

Serhisses      "      ..'.-■ 6  » 

Quincunces  " 5  " 

Trientes       "....«..  4 

Quadrantes  " 3  " 

Sextantes     " 2  " 

Unciae           " 1  " 

Instead  of  the  phrase  asses  usurae,  a  synonyms 
was  used,  viz.,  centesimae  usurae,  inasmuch  as  at 
this  rate  of  interest  there  was  paid  in  a  hundred 
months  a  sum  equal  to  the  whole  principal.  Hence 
binae  centesimae  =24  per  cent.,  and  quaternae  cen- 
tesimae =48  per  cent.  So,  also,  in  the  line  of  Hor 
ace,6  "  Quinas  hie  capiti  mercedes  exsecat"  we  must 
understand  quinas  centesimas,  or  60  per  cent.,  as 
the  sum  taken  from  the  capital.  Niebuhr7  is  of 
opinion  that  the  monthly  rate  of  the  centesimae  was 
of  foreign  origin,  and  first  adopted  at  Rome  in  the 
time  of  Sulla.  The  old  yearly  rate  established  by 
the  Twelve  Tables  (B.C.  450)  was  the  unciariura 
fenus.  This  has  been  variously  interpreted  to  meat 
(1)  one  tweiuh  of  the  centesima  paid  monthly,  i.  e., 
one  per  cent,  per  annum;  and  (2)  one  twelfth  of  the 
principal  paid  monthly,  or  a  hundred  per  cent,  per 

1.  (Bockh.  i.,  p.  167.)— 2.  (De  Hagn.  hired..  88.)— 3.  (apud 
Gell.,  xvi.,  12.)— 4.  (Tacit.,  Ann.,  vi.,  17.— Id.  ib.,  xiv.,  53.)— 5. 
(De  Ling.  Lat.,  v.,  183,  ed.  Muller.)— 6.  (Sat.,  I.,  ii  .  14  )— f 
(Hist,  of  Rome,  iii.,  p.  64.) 


INTEREST  OF  MONEY. 


INTEREST  OF  MONEY. 


annum.  Niebuhr1  refutes  at  length  the  two  opin- 
ions ;  but  it  may  be  sufficient  to  observe  that  one 
is  inconsistent  with  common  sense,  and  the  other 
with  the  early  history  of  the  Republic.  A  third  and 
satisfactory  opinion  is  as  follows  :  The  uncia  was 
the  twelfth  part  of  the  as,  and  since  the  full  (12  oz.) 
copper  coinage  was  still  in  use  at  Rome  when  the 
Twelve  Tables  became  law,  the  phrase  unciarium 
fenus  would  be  a  natural  expression  for  interest  of 
one  ounce  in  the  pound  ;  i.  c,  a  twelfth  part  of  the 
eum  borrowed,  or  8£  per  cent.,  not  per  month,  but 
per  year.  This  rate,  if  calculated  for  the  old  Ro- 
man year  of  ten  months,  would  give  10  per  cent. 
/or  the  civil  year  of  twelve  months,  which  was  in 
common  use  in  the  time  of  the  decemvirs.  The 
analogy  of  the  Greek  terms  toko?,  emrptToc,  &c, 
confirms-  this  view,  which,  as  Niebuhr  observes,  is 
not  invalidated  by  the  admission  that  it  supposes  a 
yearly,  and  not  a  monthly  payment  of  interest ;  for, 
though  in  the  later  times  of  the  Republic  interest 
became  due  every  month,  there  is  no  trace  of  this 
having  been  the  case  formerly.2  Nor  is  it  difficult 
to  account  for  the  change  :  it  probably  was  con- 
nected with  the  modifications  made  from  time  to 
time  in  the  Roman  law  of  debtor  and  creditor  (such 
as  the  abolition  of  personal  slavery  for  debt),  the 
natural  effect  of  which  would  be  to  make  creditors 
more  scrupulous  in  lending  money,  and  more  vigi- 
lant in  exacting  the  interest  due  upon  it. 

If  a  debtor  could  not  pay  the  principal  and  inter- 
est at  the  end  of  the  year,  he  used  to  borrow  money 
from  a  fresh  creditor  to  pay  off  his  old  debt.  This 
proceeding  was  very  frequent,  and  called  a  "  versu- 
ra."3  a  word  which  Festus*  thus  explains  :  "  Versu- 
ram  facere,  mutuant  pecuniam  sumere,  ex  eo  dictum 
est,  quod  initio  qui  mutuabantur  ab  aliis,  ut  aliis  sol- 
tcrent,  velut  verterent  creditor  em."  It  amounted  to 
little  short  of  paying  compound  interest,  or  an  ana- 
tocismus anniversarius,  another  phrase  for  which 
was  usurae  renovatae  ;  e.  g.,  centesimal  renovatae  is 
twelve  per  cent,  compound  interest,  to  which  Cice- 
ro5 opposes  centesimas  perpetuo  fenore  =12  per 
cent,  simple  interest.  The  following  phrases  are 
of  common  occurrence  in  connexion  with  borrow- 
ing and  lending  money  at  interest  :  "  Pecuniam 
apud  aliquem  collocare,"  to  lend  money  at  interest ; 
"  relegere,"  to  call  it  in  again  ;  "  cavere,"  to  give 
security  for  it ;  "  opponere"  or  "  opponere  pignori," 
to  give  as  a  pledge  or  mortgage  :  hence  the  pun  in 
Oxtullus,6 

"  Furi,  villula  nostra  non  ad  Austri 
Flatus  opposita  est,  nee  ad  Favoni  : 
Vcrum  ad  millia  quindecim  et  ducentos. 
0  ventum  horribilem  atque  pestilentcm.,'> 

The  word  nomen  is  also  of  extensive  use  in  money 
transactions  Properly  it  denoted  the  name  of  a 
debtor,  registered  in  a  banker's  or  any  other  ac- 
count-book :  hence  it  came  to  signify  the  articles 
of  an  account,  a  debtor,  or  a  debt  itself.  Thus  we 
have  "  bonum  nomen,"  a  good  debt ;  "  nomina  fa- 
cere,"  to  lend  moneys,7  and  also  to  borrow  money.8 
Moreover,  the  Romans  generally  discharged  debts 
through  the  agency  of  a  banker  (inforo  et  dc  mensa. 
scriptura)  rather  than  by  a  direct  personal  payment 
(ex  area  domoque) ;  and  as  an  order  or  undertaking 
for  payment  was  given  by  writing  down  the  sum  to 
be  paid,  with  the  receiver's  name  underneath  or 
alongside  it,9  hence  came  the  phrases  "  scribere 
uummos  alicui,"  to  promise  to  pay  ;10  "  rescribere," 
to  pay  back,  of  a  debtor.11  So  also  "  perscribere," 
to  give  a  bill  or  draught  (pcrscriptio)  on  a  banker 

1.  (1.  c.)— 2.  (Rein,  Romische  Privatrecht,  p.  304.)— 3.  (Com- 
pare Terence,  Phorm.,  V.,  ii.,  16.)— 4.  (s.  v.)— 5.  (ad  Att.,  v..  21.) 
—6.  (Carm.,  26.)— 7.  (Cic.  ad  Fam.,  vii.,  23.)— 8.  (Cic,  De  Off., 
iii.,  14.)— 9.  (Vid.  Demosth.,  c  Callip.,  1236.)  — 10.  (Plaut., 
&.sir  ,  II.,  iv.,  34.)— 11    (Ter.,  Pborm  .  V.,  vii.,  29.) 


for  payment,  in   opposition  to  payment  by  ieadj 
money.1 

The  Roman  law  of  debtor  and  creditor  is  given 
under  Nexi.  It  is  sufficient  to  remark  here  thai 
the  Licinian  laws  (vid.  Licini^e  Leges),  by  which 
the  grievances  of  debtors  were  to  a  certain  extent 
redressed,  did  not  lay  any  restriction  on  the  rate  of 
interest  that  might  be  legally  demanded  ;  and  it  la 
clear,  from  various  circumstances,3  that  the  scarcity 
of  money  at  Rome  after  the  taking  of  the  city  by  the 
Gauls  had  either  led  to  the  actual  abolition  of  the 
old  uncial  rate  (unciarium  fenus)  of  the  Twelve  Ta- 
bles, or  caused  it  to  fall  into  disuse.  Nine  years, 
however,  after  the  passing  of  these  laws,3  the  rate 
of  the  Twelve  Tables  was  re-established,  and  any 
higher  rate  prohibited  by  the  bill  (rogatio)  of  the 
tribunes  Duilius  and  Maenius. 

Still  this  limitation  of  the  rate  of  interest  did  not 
enable  debtors  to  pay  the  principal,  and  what  Taci- 
tus* calls  the  "  fenebre  malum"  became  at  last  so 
serious  that  the  government  thought  it  necessary 
to  interfere,  and  remedy,  if  possible,  an  evil  so  great 
and  inveterate.  Accordingly,  fourteen  years  after 
the  passing  of  the  Licinian  laws,  five  commissioners 
were  appointed  for  this  purpose  under  the  title  of 
mensarii  or  bankers.  These  opened  their  banks  in 
the  Forum,  and  in  the  name  of  the  treasury  offered 
ready  money  to  any  debtor  who  could  give  security 
(cavere)  to  the  state  for  it :  moreover,  they  ordered 
that  land  and  cattle  should  be  received  in  payment 
of  debts  at  a  fair  valuation,  a  regulation  which  Cae- 
sar adopted  for  a  similar  purpose.5  By  these  means, 
Livy6  tells  us  that  a  great  amount  of  debt  was  sat- 
isfactorily liquidated.  Five  years  afterward,  the  le- 
gal rate  of  interest  was  still  farther  lowered  to  the 
"  semunciarium  fenus,"  or  the  twenty-fourth  part 
of  the  whole  sum  (ad  scmuncias  redacta  usura"*);  anil 
in  B.C.  346  we  read  of  several  usurers  being  pun- 
ished for  a  violation  of  the  law,8  by  which  they  were 
subjected  to  a  penalty  of  four  times  the  amount  of 
the  loan.3  But  all  these  enactments  were  merely 
palliatives  ;  the  termination  and  cure  of  the  evil 
was  something  more  decisive — neither  more  nor 
less  than  a  species  of  national  bankruptcy — a  gen- 
eral abolition  of  debts,  or  xPe&v  airo/ionr}.10  This 
happened  in  B.C.  341,  a  year  remarkable  for  politi- 
cal changes  of  great  importance,  and  was  followed 
up  by  the  passing  of  the  Genucian  laws,  which  for- 
bade the  taking  of  usury  altogether.11  A  law  like 
this,  however,  was  sure  to  be  evaded,  and  there 
was  a  very  simple  way  of  doing  so ;  it  only  affected 
Roman  citizens,  and  therefore  the  usurers  granted 
loans,  not  in  the  name  of  themselves,  but  of  the 
Latins  and  allies  who  were  not  bound  by  it.13  To 
prevent  this  evasion,  the  Sempronian  law  was  pass- 
ed (B.C.  194),  which  placed  the  Latins  and  allies 
on  the  same  footing,  in  respect  of  lending  money,  as 
the  full  Roman  citizens.  At  last,  after  many  futile 
attempts  to  prevent  the  exaction  of  interest  at  any 
rate  and  in  any  shape,  the  idea  was  abandoned  al- 
together, and  the  centesima,  or  12  per  cent,  per  an- 
num, became  the  legal  and  recognised  rate.  Nie- 
buhr,13 as  we  have  already  observed,  is  of  opinion 
that  it  was  first  adopted  at  Rome  in  the  time  of 
Sulla  ;  but  whether  it  became  the  legal  rate  by  any 
special  enactment,  or  from  general  consent,  does 
not  appear.  Some  writers  have  inferred1*  that  it 
was  first  legalized  by  the  edicts  of  ,Mie  city  praetors, 
an  inference  drawn  from  the  general  resemblance 
between  the  praetorian  and  proconsular  edicts, 
coupled  with  the  fact  that  some  proconsular  edicts 


1.  (C;c.  ad  Att.,  xii.,  51  ;  xvi.,  2.)— 2.  (Niebuhr,  ii.,  p.  603.)— 
3.  (Liv.,  vii.,  16.)— 4.  (Ann.,  vi.,  16.)— 5.  (Suet.,  Jul.,  42.)— 6. 
(vii.,  21.)— 7.  (Tacit.,  Ann.,  vi.,  16.)— 8.  (Liv.,  vii.,  2b.)— 9.  (Ca- 
to,  De  Re  Rust,  init.) — 10.  (Niebuhr,  iii.,  p.  77.) — 11.  (Liv.,  vii., 
42.)— 12.  (Liv.,  xxxv.,  7.)— 13.  (ni.,  p.  64)— 14.  (Heineec.   iii 

is; 

547 


INTERREX. 


INTUBUM. 


tre  extant,  by  which  the  centesima  is  fixed  as  the 
legal  rate  in  proconsular  provinces  (in  edicto  tralati- 
tio  centesimas  me  observaturum  habui1).  Whether 
this  supposition  is  true  or  not,  it  is  admitted  that 
the  centesima,  or  12  per  cent.,  was  the  legal  rate  to- 
wards the  close  of  the  Republic,  and  also  under  the 
emperors.    Justinian  reduced  it  to  6  per  cent.8 

In  cases  of  fenus  nauticum,  however,  or  bottom- 
ry, as  the  risk  was  the  money-lender's,  he  might 
demand  any  interest  he  liked  while  the  vessel  on 
which  the  money  was  lent  was  at  sea ;  but  after 
she  reached  harbour,  and  while  she  was  there,  no 
more  than  the  usual  rate  of  12  per  cent,  or  the  cen- 
tesima could  be  demanded. 

Justinian  made  it  the  legal  rate  for  fenus  nauti- 
cum under  all  circumstances.3 

INTERPRES,  an  Interpreter.  This  class  of 
persons  became  very  numerous  and  necessary  to 
the  Romans  as  their  empire  extended.  Embassies 
from  foreign  nations  to  Rome,  and  from  Rome  to 
other  states,  were  generally  accompanied  by  inter- 
preters to  explain  the  objects  of  the  embassy  to  the 
respective  authorities.*  In  large  mercantile  towns, 
the  interpreters,  who  formed  a  kind  of  agents  through 
whom  business  was  done,  were  sometimes  very 
numerous,  and  Pliny5  states  that  at  Dioscurias  in 
Colchis,  there  were  at  one  time  no  less  than  130 
persons  who  acted  as  interpreters  to  the  Roman 
merchants,  and  through  whom  all  their  business 
was  carried  on. 

All  Roman  praetors,  proconsuls,  and  quaestors, 
who  were  intrusted  with  the  administration  of  a 
province,  had  to  carry  on  all  their  official  proceed- 
ings in  the  Latin  language  ;6  and  as  they  could  not 
be  expected  to  be  acquainted  with  the  language  of 
the  provincials,  they  had  always  among  their  ser- 
vants (vid.  Apparitores)  one  or  more  interpreters, 
who  were  generally  Romans,  but  in  most  cases 
undoubtedly  freedmen.7  These  interpreters  had 
not  only  to  officiate  at  the  conventus  [vid.  Conven- 
tus),  but  also  explained  to  the  Roman  governor 
everything  which  the  provincials  might  wish  to  be 
laid  before  him.8 

INTERREGNUM.     (Vid.  Interrex.) 

INTERREX.  This  office  is  said  to  have  been 
instituted  on  the  death  of  Romulus,  when  the  sen- 
ate wished  to  share  the  sovereign  power  among 
themselves  instead  of  electing  a  king.  For  this 
purpose,  according  to  Livy,9  the  senate,  which  then 
consisted  of  one  hundred  members,  was  divided  into 
ten  decuries,  and  from  each  of  these  decuries  one 
senator  was  nominated.  These  together  formed  a 
board  of  ten,  with  the  title  of  Intervenes,  each  of 
whom  enjoyed  in  succession  the  regal  power  and 
its  badges  for  five  days ;  and  if  no  king  was  ap- 
pointed at  the  expiration  of  fifteen  days,  the  rota- 
tion began  anew.  The  period  during  which  they 
exercised  their  power  was  called  an  Interregnum. 
Dionysius10  and  Plutarch11  give  a  different  account 
of  the  matter,  but  that  of  Livy  appears  the  most 
probable.  Niebuhr12  supposes  that  the  first  inter- 
reges  were  exclusively  Ramnes,  and  that  they  were 
the  decern  primi,  or  ten  leading  senators,  of  whom 
the  first  was  chief  of  the  whole  senate.13 

The  interreges  agreed  among  themselves  who 
should  be  proposed  as  king,1*  and  if  the  senate  ap- 
proved of  their  choice,  they  summoned  the  assem- 
bly of  the  curiae,  and  proposed  the  person  whom 

1.  (Cic.  ad  Att.,  v.,  21.)— 2.  (Heinecc,  iii.,  16.)— 3.  (Heinecc, 
L  c.)— 4.  (Cic,  De  Divin.,  ii.,  64.— Id.,  De  Fin.,  v.,  29.— Plin., 
Ff.  N.,  xxv.,  2.— Gell.,  xvii.,  17,  2.— Liv.,  xxvii.,43.)—  5.  (H.N., 
ri.,  5.)— 6.  (Val.  Max.,  ii.,  2,  t>  2.)— 7.  (Cic,  Pro  Balb.,  11.)— 8. 
(Cic.  it.  Verr..  iii..  37.— Id  ad  Fam.,  xiii.,  54.—  Caes.,  Bell.  Gall., 
i.,  19. — Compare  Dirksen,  Civil.  Abhandl.,  i.,  p.  16,  &c.) — 9. 
(i.,  17.)— 10.  (ii.,  57.)— 11.  (Numa,  2.)— 12.  (Hist,  of  Rome,  i.,  p. 
'J34;  ii., p.  111.) — 13.  (Compare  Walter,  Gesch.  desRom.  Rechts, 

22.)—14.  (Dionys.,  iv.,  40,  80.) 
548 


they  had  previously  agreed  upon ;  the  p^wer  cf  the 
curiae  was  confined  to  accepting  o;r  rejecting  him. 
The  choice  of  the  senate  was  called  patrum  auctori- 
tas  ;l  the  putting  of  his  acceptance  or  rejection  to 
the  vote  in  the  curia?,  rogare  ;3  and  the  decree  01 
the  curias  on  the  subject,  jussus  populi.3 

Interreges  were  appointed  under  the  Republic  for 
holding  the  comitia  for  the  election  of  the  consuls, 
when  the  consuls,  through  civil  commotions  or 
other  causes,  had  been  unable  to  do  so  in  their  year 
of  office.*  Each  held  the  office  for  only  five  days, 
as  under  the  kings.  The  comitia  were  hardly  ever 
held  by  the  first  interrex ;  more  usually  by  the  second 
or  third  ;5  but  in  one  instance  we  read  of  an  elev- 
enth, and  in  another  of  a  fourteenth  interrex.6  The 
comitia  for  electing  the  first  consuls  were  held  by 
Spurius  Lucretius  as  interrex,7  whom  Livy8  calls 
also  prcefectus  urbis.  The  interreges  under  the  Re- 
public, at  least  from  B.C.  482,  were  elected  by  the 
senate  from  the  whole  body,  and  were  not  confined 
to  the  decern  primi,  or  ten  chief  senators,  as  under 
the  kings.9  Plebeians,  however,  were  not  admissi- 
ble to  this  office ;  and,  consequently,  when  plebe- 
ians were  admitted  into  the  senate,  the  patrician 
senators  met  without  the  plebeian  members  to  elect 
an  interrex.10  For  this  reason,  as  well  as  on  ac- 
count of  the  influence  which  the  interrex  exerted 
in  the  election  of  the  magistrates,  we  find  that  the 
tribunes  of  the  plebs  were  strongly  opposed  to  the 
appointment  of  an  interrex.11  The  interrex  had  ju- 
risdiction3 

Interreges  continued  to  be  appointed  occasionally 
till  the  time  of  the  second  Punic  war;13  but  after 
that  time  we  read  of  no  interrex  till  the  senate,  by 
command  of  Sulla,  created  an  interrex  to  hold  the 
comitia  for  his  election  as  dictator,  B.C.  82.1*  In 
B.C.  55  another  interrex  was  appointed  to  hold  the 
comitia,  in  which  Pompey  and  Crassus  were  elf;et* 
ed  consuls;15  and  we  also  read  of  interreges  in  B.C. 
53  and  52,  in  the  latter  of  which  years  an  interrex 
held  the  comitia,  in  which  Pompey  was  appointed 
sole  consul.16 

INTE'RULA.     (Fid.  Tunica.) 

INTESTA'BILIS.  In  the  Twelve  Tables  it  was 
declared  "  qui  se  sierit  testarier  libripensve  fuerit,  m 
testimonium  fariatur,improbus  intestabilisque  esto.,,1'> 
According  to  these  passages,  a  person  who  had 
been  a  witness  on  any  solemn  occasion,  such  as 
the  making  of  a  will,  and  afterward  refused  to  give 
his  testimony,  was  "  intestabilis,"  that  is,  disquali- 
fied from  ever  being  a  witness  on  any  other  occa- 
sion. The  word  afterward  seems  to  have  had  its 
meaning  extended,  and  to  have  been  used  to  ex- 
press one  who  could  not  make  a  will,  and  who  la- 
boured under  a  general  civil  incapacity.18 

INTESTA'TO,  HEREDITA'TES  AB.  (Vid 
Heres,  Roman,  p.  497.) 

INTESTA'TUS.     (Vid.  Heres,  Roman,  p.  497.) 

*INT'UBUM  or  INT'YBUM,  a  plant,  of  which 
two  kinds,  the  wild  and  the  cultivated,  are  men- 
tioned by  the  ancient  writers.  The  former  is  the 
Cichorium,  or  Intubum  erraticum  of  Pliny,19  our  bitter 
Succory,  or  the  Cichorium  Intybus  of  Linnasus  ;  the 
latter  is  Pliny's  Intubum  sativum,  called  also  Scotf, 


1.  (Cic,  De  Rep.,  ii.,  13.— Liv.,  i.,  22.)— 2.  (Cic,  DeRep.,ii., 
17.)— 3.  (Cic,  De  Rep.,  ii.,  13,  21.— Liv.,  i.,  22.)— 4.  (Dionys , 
viii.,  90. — Liv.,  iv.,  43,  &c) — 5.  (Liv.,  ix\,  7. — Id.,  x.,  11. — Id., 
v.,  31.)— 6.  (Liv«,  vii.,  22.— Id.,  viii.,  23.)— 7.  (Dionys.,  iv.,  84.) 
—8.  (i.,  60.)— 9.  (Dionys.,  viii.,  90.)— 10.  (Liv.,  iv.,  43.— Id.,  vi., 
41.— Cic,  Pro  Dom.,  14.— Niebuhr,  iii.,  p.  429.— Walter,  p.  80- 
99.)— 11.  (Liv.,  iv.,  43.— Id.,  xxii.,  34.)— 12.  (Liv.,  x.,  41,  9.— 
Niebuhr,  iii.,  p.  28.)— 13.  (Liv.,  xxii.,  33,  34.)— 14.  (Appian, 
Bell.  Civ.,  i.,  98.)— 15.  (Dion  Cass.,  xxxix.,  27,  31.)— 16.  (Dion 
Cass.,  xl.,  45. — Ascon.  ad  Cic,  Mil.,  init.,  p.  32,  ed.  Orelli.— « 
Plut.,  Pomp.,  54.) — 17.  (Dirksen,  Uebersicht,  &c,  p.  607.— 
Compare  Gellius,  vi.,  7  •,  xv.,  13.) — 18.  (Hor.,  Sat.,  II.,  iii.,  181 
—Dig.  28,  tit.  1,  s.  18,  26.— Inst.,  ii.,  tit.  10.)— 19.  (H.  N.,  ZJJUy 
15.) 


IRIS 


ISTHMIAN  GAMES. 


and  our  Endive,  the  Cichorium  endivia,  L.  The 
Intybum  is  said  to  have  come  originally  from  Egypt, 
where  great  use  was  made  of  it ;  and,  when  intro- 
duced into  Europe,  it  brought  along  with  it  its 
Egyptian  or  Coptic  name,  which  became  in  Greek 
Ktxuptov  or  Ktxupv-  The  Arabians  call  it  Chikou- 
rieh,  by  a  name  corrupted  from  the  preceding.  By 
the  epithet  erraticum  Pliny  means  "  wild"  or  "  sav- 
age," as  appears  from  his  own  words :  "  Erraticum, 
juod  apud  nos  quidam  ambuleiam  appellavere,  in 
Mgypto  cichorium  vocant,  quod  syhestre  sit."  Fee, 
however,  insists,  and  with  much  appearance  of 
reason,  that  the  term  in  question  refers  rather  to 
the  long,  numerous,  and  spreading  roots  of  the 
plant,  whence  Virgil  speaks  of  the  "  amaris  intuba 
fibris."1  The  modern  name  Endive,  as  given  to  the 
cultivated  kind,  comes  from  the  barbarous  word  en- 
divia,  which  was  used  in  the  Middle  Ages,  and  was 
evidently  corrupted  from  the  Arabic  hendib  or  the 
classical  Latin  term  intybum,  most  probably  the 
former.2 

INVENT A'RIUM.     ( Vid.  Heres,  Roman,  p.  500.) 

INVESTIS.     (Vid.  Impubes.) 

*IN'ULA,  Elecampane,  the  'E/Jviov  of  the  Greeks, 
and  Inula  (or  Enula)  Campana  of  the  school  of  Sa- 
lernum.     (Vid.  Helenium.) 

*ION  (lov),  the  Violet.  The  Viola  odorata,  or 
Sweet  Violet,  is  the  lov  uelav  of  Theophrastus,3  the 
lov  Trop<j>vpovv  of  Dioscorides,*  and  the  species  of 
Violet  so  often  celebrated  by  the  poets.  According 
to  Schneider,  the  lov  x^pov  of  Theophrastus  is  the 
Chciranthus  cheiri,  or  Wall-flower.  Fee,  however, 
seems  disinclined  to  adopt  this  extension  of  the 
term  viola  or  lov,  notwithstanding  the  immense  eru- 
dition which  Sprengel  has  employed  in  favour  of  en- 
larging the  limits  of  the  genus  Viola  (lov)  among  the 
ancients.  The  Viola  pallens  of  Virgil  appears  to 
have  been  the  V.  palusiris  of  Linnaeus,  or  else  the 
V.  montana  of  the  same  botanist.5 

*IO'NIA  (luvid),  a  term  properly  denoting  "a  bed 
of  violets,"  but  also  applied  to  several  species  of  the 
Violet,  and  especially  to  the  Viola  odorata.6 

*IPH'YON  (lyvov),  a  species  of  plant.  Bauhin 
states  that  some  held  the  Asphodelus  luteus  to  be 
the  "ujtvov  of  Theophrastus.  Stackhouse  proposes 
the  Lavendula  spica,  or  Spike  Lavender.7 

*IPS  (lip),  an  insect  mentioned  by  Theophrastus, 
most  probably  the  same  as  the  Cynips,  L.  "  The 
Cynipes,"  observes  Adams,  "  pierce  the  leaves  of 
plants  with  their  sting,  and  deposite  their  eggs  in 
the  wound :  the  extravasated  juices  rise  round  it, 
and  form  a  gall  which  becomes  hard  ;  in  this  the 
larva  lives  and  feeds,  and  changes  to  a  pupa.  In 
this  country,  the  gall  most  common  is  that  found  on 
the  Rosa  canina.  It  is  worthy  of  remark,  that  the 
grammarians  Ammonius  and  Cyrillus  restrict  this 
term  to  the  Cynips  of  the  Vine  and  Carob-nut  (ncpa- 
nuv,  so  I  propose  to  read  instead  of  nepuTov)."* 

IREN.     (Vid.  Eiren.) 

*IRIS  (Ipcc),  a  plant,  the  Iris.  The  description 
given  of  its  flowers  by  Dioscorides  makes  them  of 
various  colours,  white,  yellow,  purple,  &c,  from 
which  it  would  clearly  appear  that  under  this  name 
w  ire  comprehended  more  than  one  species  of  Iris. 
Sprengel  thinks  that  the  Iris  Germanica  and  Floren- 
ima  are  more  particularly  applicable  to  the  descrip- 
tion of  Dioscorides.  Adams  states  that,  as  long  as 
the  Galenical  Pharmacopoeia  continued  in  repute  in 
France,  the  Iris  Florcnlina  was  invariably  substitu- 
ted for  the  ancient  Iris.' 

1.  (Georg-.,  i.,  120.)— 2.  (Fee,  Flore  de  Virgile,  p.  lxx.,  &c.)— 
3.  (H.  P.,  i.,  13  ;  iii.,  18.)— 4.  (iv.,  120.)— 5.  (Adams,  Append., 
•.  v.) — 6.  (Theophrast.,  H.  P.,  i.,  9  ;  vi.,  6,  8. — Adams,  Append., 
6.  \.)—  7.  (Theophrast.,  H.  P.,  vi.,  7  ;  vii.,  12.)— 8.  (Theophrast., 
H.  P.,  vi:;  .  10. —  Adams,  Append.,  s.  v.)  — 9.  (Theophrast., 
II.  P.,  i.,  7;  iv.,  5,  &c  — Dwscor.,  i.,  1.— Adams,  Append., 
«.v.) 


IRPEX,  HIRPEX,  or  URPEX,1  a  Harrow,  used 

to  clear  the  fields  of  weeds,  and  to  level  and  break 
down  the  soil.  The  harrow  of  the  ancients,  like 
ours,  had  iron  teeth,  and  was  drawn  by  oxen.2 

*IS'ATIS  (laarig),  a  plant,  the  Glastum  of  the  Lat- 
ins, and  the  modern  Woad,  yielding  a  beautiful  blue 
dye.     (Vid.  Glastum.) 

ISELA'STICI  LUDI.  (Vid.  Athlette,  p.  120.) 
ISOPOLITEIA.  (Vid.  Civitas,  Greek,  p.  259.) 
*ISOP'YRON  (icoizvpov),  a  plant,  probably  the 
Bog  Bean,  or  Mcnyanth.es  trifoliata.  "  From  the 
account  of  Galen  and  Paulus  iEgineta,"  observes 
Adams,  "  it  might  be  taken  for  the  Kidney  Bean  or 
Fasel,  but  Dioscorides  clearly  distinguishes  between 
these.  Dodonseus  advanced  the  opinion  that  the 
Menyanthes  trifoliata,  or  Bog  Bean,  is  the  laoirvpov 
of  Dioscorides ;  but,  as  Sprengel  remarks,  its  bo- 
tanical characters  do  not  agree  with  those  of  the 
Isopyrum  as  given  by  Dioscorides.  At  the  same 
time,  it  is  worthy  of  remark,  as  a  singular  coinci- 
dence, that  the  Bog  Bean  is  still  used  by  the  com- 
mon people  in  Scotland  for  the  cure  of  those  com- 
plaints for  which  Dioscorides  recommends  the  Iso- 
pyrum. The  opinion  of  Dodonseus  is  farther  coun- 
tenanced by  Bauhin."3 

ISOTELEIA,  ISOTELEIS.  (Fid.  Civitas, 
Greek,  p.  259.) 

ISTHMIAN  GAMES  ("ladfita),  one  of  the  four 
great  national  festivals  of  the  Greeks.  This  festi- 
val derived  its  name  from  the  Corinthian  Isthmus, 
where  it  was  held.  Where  the  isthmus  is  narrow- 
est, between  the  coast  of  the  Saronic  Gulf  and  the 
western  foot  of  the  CEnean  hills,  was  the  Temple 
of  Poseidon,  and  near  it  was  a  theatre  and  a  stadi- 
um of  white  marble.*  The  entrance  to  the  temple 
was  adorned  with  an  avenue  of  statues  of  the  vic- 
tors in  the  Isthmian  games,  and  with  groves  of  pine- 
trees.  These  games  were  said  originally  to  have 
been  instituted  by  Sisyphus  in  honour  of  Melicertes, 
who  was  also  called  Palaamon.6  Their  original 
mode  of  celebration  partook,  as  Plutarch6  remarks, 
more  of  the  character  of  mysteries  than  of  a  great 
and  national  assembly  with  its  various  amusements, 
and  was  performed  at  night.  Subsequent  to  the 
age  of  Theseus,  the  Isthmia  were  celebrated  in 
honour  of  Poseidon ;  and  this  innovation  is  as- 
cribed to  Theseus  himself,  who,  according  to  some 
legends,  was  a  son  of  Poseidon,  and  who,  in  the  in- 
stitution of  the  Isthmian  solemnities,  is  said  to  have 
imitated  Heracles,  the  founder  of  the  Olympian 
games.  The  celebration  of  the  Isthmia  was  hence- 
forth conducted  by  the  Corinthians,  but  Theseus 
had  reserved  for  his  Athenians  some  honourable 
distinctions :  those  Athenians  who  attended  the 
Isthmia  sailed  across  the  Saronic  Gulf  in  a  sacred 
vessel  (deopic),  and  an  honorary  place  (irpoetipia),  as 
large  as  the  sail  of  their  vessel,  was  assigned  to 
them  during  the  celebration  of  the  games.7  In 
times  of  war  between  the  two  states,  a  sacred  truce 
was  concluded,  and  the  Athenians  were  invited  to 
attend  at  the  solemnities.8  The  Eleans  did  no; 
take  part  in  the  games,  and  various  stories  were 
related  to  account  for  this  singular  circumstance.* 
It  is  a  very  probable  conjecture  of  Wachsmuth,19 
that  the  Isthmia,  after  the  changes  ascribed  to  The- 
seus, were  merely  a  panegyris  of  the  Ionians  of 
Peloponnesus  and  those  of  Attica  ;  for  it  should  he 
observed  that  Poseidon  was  an  Ionian  deity,  whc  se 
worship  appears  originally  to  have  been  unknown 


1.  (Cato,  De  Re  Rust.,  10.)— 2.  (Festus,  s.  v.— Serv.  in  Vinr., 
Georg.,  i.,  95. — Varro,  De  Ling-.  Lat.,  v.,  31,  ed.  Spengel.)— 3. 
(Dioscor.,  iv.,  119. — P.  JEgin.,  vii.,  3. — Bauhin,  Pinax,  p.  637. 
— Adams,  Append.,  s.  v.)— 4.  (Paus.,  ii.,  1,  9  7.— Strab.,  viii.,  6, 
p.  196. — Compare  p.  214,  pd.  Tauchnitz.) — 5.  (Apollod.,  iii.,  4, 
3.— Paus.,  ii.,  1,  3.)— 6.  (Thes.,  25.)— 7.  (Plut.,  1.  c.)— 8.  (Tliu- 
cyd.,  vin.,  10.)— 9.  (Paus.  '  ,2,1)  2.)— 10.  (Hellen.  Altfrth  .  1., 
i.,  p.  227.) 

549 


ISTHMIAN  GAMES. 


JUDEX. 


to  the  Dorians.  During  the  reign  of  the  Cypselids 
at  Corinth,  the  celebration  of  the  Isthmian  games 
was  suspended  lor  seventy  years.1  But  after  this 
time  they  gradually  rose  to  the  rank  of  a  national 
festival  of  all  the  Greeks.  In  Olymp.  49  they  be- 
came periodical,  and  were  henceforth  celebrated 
regularly  every  third  year,  twice  in  every  Olympi- 
ad, that  is,  in  the  first  and  third  year  of  every  Olym- 
piad. The  Isthmia  held  in  the  first  year  of  an 
Olympiad  fell  in  the  Corinthian  month  Panemus 
(the  Attic  Hecatombaeon) ;  and  those  which  were 
held  in  the  third  year  of  an  Olympiad  fell  either  in 
the  month  of  Munychion  or  Thargelion.2  Pliny3 
and  Solinus*  erroneously  state  that  the  Isthmia 
were  celebrated  every  fifth  year.  "With  this  regu- 
larity the  solemnities  continued  to  be  held  by  the 
Greeks  down  to  a  very  late  period.  In  228  B.C., 
the  Romans  were  allowed  the  privilege  of  taking 
part  in  the  Isthmia  ;5  and  it  was  at  this  solemnity 
that,  in  196  B.C.,  Flaminius  proclaimed  before  an 
innumerable  assembly  the  independence  of  Greece.6 
After  the  fall  of  Corinth  in  146  B.C.,  the  Sicyonians 
were  honoured  with  the  privilege  of  conducting  the 
Isthmian  games ;  but  when  the  town  of  Corinth 
was  rebuilt  by  J.  Caesar,7  the  right  of  conducting 
the  solemnities  was  restored  to  the  Corinthians, 
and  it  seems  that  they  henceforth  continued  to  be 
celebrated  till  Christianity  became  the  state-religion 
of  the  Roman  Empire.8 

The  season  of  the  Isthmian  solemities  was,  like 
that  of  all  the  great  national  festivals,  distinguished 
by  general  rejoicings  and  feasting.  The  contests 
and  games  of  the  Isthmia  were  the  same  as  those 
at  Olympia,  and  embraced  all  the  varieties  of  ath- 
letic performances,  such  as  wrestling,  the  pancrati- 
um, together  with  horse  and  chariot  racing.9  Mu- 
sical and  poetical  contests  were  likewise  carried  on, 
and  in  the  latter  women  were  also  allowed  to  take 
part,  as  we  must  infer  from  Plutarch,10  who,  on  the 
authority  of  Polemo,  states,  that  in  the  treasury  at 
Sicyon  there  was  a  golden  book,  which  had  been 
presented  to  it  by  Aristomache,  the  poetess,  after 
she  had  gained  the  victory  at  the  Isthmia.  At  a 
late  period  of  the  Roman  Empire,  the  character  of 
the  games  at  the  Isthmia  appears  greatly  altered ; 
for  in  the  letter  of  the  Emperor  Julian  above  re- 
ferred to,  it  is  stated  that  the  Corinthians  purchased 
beai-s  and  panthers  for  the  purpose  of  exhibiting 
their  rights  at  the  Isthmia,  and  it  is  not  improbable 
that  the  custom  of  introducing  fights  of  animals  on 
this  occasion  commenced  soon  after  the  time  of 
Caesar. 

The  prize  of  a  victor  in  the  Isthmian  games  con- 
sisted at  first  of  a  garland  of  pine-leaves,  and  after- 
ward of  a  wreath  of  ivy ;  but  in  the  end  the  ivy  was 
again  superseded  by  a  pine  garland.11  Simple  as 
such  a  reward  was,  a  victor  in  these  games  gained 
the  greatest  distinction  and  honour  among  his  coun- 
trymen ;  and  a  victory  not  only  rendered  the  indi- 
vidual who  obtained  it  a  subject  of  admiration,  but 
shed  lustre  over  his  family,  and  the  whole  town  or 
community  to  which  he  belonged.  Hence  Solon 
established  by  a  law,  that  every  Athenian  who  gain- 
ed the  victory  at  the  Isthmian  games  should  receive 
from  the  public  treasury  a  reward  of  one  hundred 
drachmae.12  His  victory  was  generally  celebrated  in 
lofty  odes,  called  Epinikia,  or  triumphal  odes,  of 
•which  we  still  possess  some  beautiful  specimens 
among  the  poems  of  Pindar.  (See  Massieu  in  the 
Mem.  de  VAcad.  des  Inscript.  et  Bell.  Lett.,  v.,  p. 
214,   &c. — Dissen,   Be  Ratione  Poetica  Carminum 

I.  (Solin.,  c.  12.) — 2.  (Corsini,  Dissert.  Agon.,  4. — Compare 
Goller  ad  Thucyd.,  viii.,  9.)— 3.  (H.  N.,  iv.,  5.)— 4.  (c.  9.)— 5. 
(Polyb.,  ii.,  13.) —6.  (Polyb.,  xviii.,  29.)— 7.  (Paus.,  ii.,  1,  $  2. 
—Id.,  ii.,  2,  t)  2.)— 8.  (Suet.,  Ner.,  24.— Julian  Imperat.,  Epist., 
35.)— 9.  (Paus.,  v.,  2,  t)  4.— Polyb.,  1.  c.)— 10.  (Sympos.,  v.,  2.)— 
1)  (PJut.,  Sympos.,  v  ,  3.)— 12  .'Plut.,  Sol.,  23.) 
550 


Pindaricorum,  prefixed  to  the  first  volume  of  hia 
edition  of  Pindar,  and  Muller,  Hist,  of  Greek  Lit.,  >_ 
p.  220,  &c.) 

ITA'LIA.     (Vid.  Colonia,  p.  282.) 

ITER.     (Vid.  Servitutes.) 

JUDEX,  JUDICIUM.  A  Roman  magistrate 
generally  did  not  investigate  the  facts  in  dispute  in 
such  matters  as  were  brought  before  him:  he  ap- 
pointed a  judex  for  that  purpose,  and  gave  him  in- 
structions. (Vid.  Actio.)  Accordingly,  the  whole 
of  civil  procedure  was  expressed  by  the  two  phrases 
jus  and  judicium,  of  which  the  former  comprehend- 
ed all  that  took  place  before  the  magistratus  (in 
jure),  and  the  latter  all  that  took  place  before  the 
judex  (in  judicio).  Originally  even  the  magistratus 
was  called  judex,  as,  for  instance,  the  consul  and 
praetor;1  and  under  the  Empire  the  term  judex 
often  designated  the  praeses.  In  the  intermediate 
period  it  designated  a  person  whose  functions  may 
be  generally  understood  from  what  follows. 

In  many  cases  a  single  judex  was  appointed ;  in 
others,  several  were  appointed,  and  they  seem  to 
have  been  sometimes  called  recuperatores,  as  op- 
posed to  the  single  judex.2  Under  certain  circum- 
stances, the  judex  was  called  arbiter :  thus  judex 
and  arbiter  are  named  together  in  the  Twelve  Ta- 
bles.3 

A  judex,  when  appointed,  was  bound  to  discharge 
the  functions  of  the  office,  unless  he  had  some  valiO 
excuse  (excusatio).  A  person  might  also  be  disqual- 
ified from  being  a  judex.  There  were  certain  sea- 
sons of  the  year  when  legal  business  was  done  at 
Rome  (cum  res  agebantur*),  and  at  these  times  the 
services  of  the  judices  were  required.  These  legal 
terms  were  regulated  according  to  the  seasons,  so 
that  there  were  periods  of  vacation  :s  in  the  provin- 
ces, the  terms  depended  on  the  conventus.  A  ju- 
dex was  liable  to  a  fine  if  he  was  not  in  attendance 
when  he  was  required.  In  any  given  case,  the  liti- 
gant parties  agreed  upon  a  judex,  or  accepted  him 
whom  the  magistratus  proposed.  A  party  had  the 
power  of  rejecting  a  proposed  judex,  though  there 
must  have  been  some  limit  to  this  power.6  In  cases 
where  one  of  the  litigant  parties  was  a  peregrinus, 
a  peregrinus  might  be  judex.7  The  judex  was 
sworn  to  discharge  his  duty  faithfully.8 

When  Italy  had  received  its  organization  from 
the  Romans,  the  magistratus  of  the  several  cities 
had  jurisdictio,  and  appointed  a  judex  as  the  praetor 
did  at  Rome  (lex  Rubria  de  Gallia  Cisalpina).  In 
the  provinces,  the  governors  appointed  a  judex  or 
recuperatores,  as  the  case  might  be,  at  the  conven- 
tus which  they  held  for  the  administration  of  jus- 
tice ;  and  the  judex  or  recuperatores  were  selected 
both  from  Roman  citizens  and  natives. 

When  the  judex  was  appointed,  the  proceedings 
in  jure  or  before  the  praetor  were  terminated,  which 
was  sometimes  expressed  by  the  term  Litis  Contes- 
tatio,  the  phrases  Lis  Contestata  and  Judi.ium  Ac- 
ceptum  being  equivalent  in  the  classical  jurists. 
(Vid.  Litis  Contestatio.)  The  parties  appeared 
before  the  judex  on  the  third  day  (cowperendinatio), 
unless  the  praetor  had  deferred  the  judicium  for 
some  sufficient  reason.  The  judex  was  generally 
aided  by  advisers  (jurisconsult?,)  learned  in  the  law, 
who  were  said  "  in  consilio  adesse  ;"9  but  the  judex 
alone  was  empowered  to  give  judgment.  The  mat- 
ter was  first  briefly  stated  to  the  judex  (causa  con- 
jectio,  collectio),  and  the  advocates  of  each  party 
supported  his  cause  in  a  speech.  The  evidence 
seems  to  have  been  given  at  the  same  time  that  the 


1.  (Liv.,  iii.,  55.)— 2.  (Gaius,  iv.,  104-109.)— 3.  (Dirksen,  Ue- 
bersicht,  &c,  p.  725.) — 4.  (Gams,  ii.,  279.)— 5.  vCic.  ad  Att.,  i., 
1 :  "  Cum  Romse  a  judiciis  forum  refrix&rit."} — 6.  (Cic,  Pro  CI* 
ent.,  43.)— 7.  (Gaius,  iv.,  105.)— 8.  (Oic,  De  Invent.,  i.,  39.)— 9 
(Cic,  Pro  P.  Quintic   2,  6.— Id.,  Top.,  17.) 


JUDEX. 


JUDEX. 


xpeeches  weie  made,  and  not  to  have  been  heard 
before  the  advocates  made  their  address.1  But  it 
is  probable  that  the  practice  in  this  respect  might 
vary  in  different  cases.  Witnesses  were  produced 
on  both  sides,  and  examined  orally ;  the  witnesses 
on  one  side  were  also  cross-examined  by  the  other.3 
Written  documents,  such  as  instruments  and  books 
of  account,  were  also  given  in  evidence  ;  and  some- 
times the  deposition  of  an  absent  witness  was  read, 
when  it  was  confirmed  by  an  oath.3  There  were 
no  means  of  compelling  a  person  to  give  evidence 
before  the  legislation  of  Justinian,  unless  they  were 
slaves,  v/ko  in  some  cases  might  be  put  to  the  tor- 
ture. 

After  all  the  evidence  was  given  and  the  advo- 
cates had  finished,  the  judex  gave  sentence :  if 
there  were  several  judices,  a  majority  decided.  If 
the  matter  was  one  of  difficulty,  the  hearing  might 
be  adjourned  as  often  as  was  necessary  (ampliatio) ; 
and  if  the  judex  could  not  come  to  a  satisfactory 
conclusion,  he  might  declare  this  upon  oath,  and  so 
release  himself  from  the  difficulty.  This  was  done 
by  the  form  of  words  "non  liquere''  (N.  L.).*  The 
sentence  was  pronounced  orally,  and  wa.s  some- 
times first  written  on  a  tablet.  If  the  defendant 
did  not  make  his  appearance  after  being  duly  sum- 
moned, judgment  might  be  given  against  him. 

The  sentence  was  either  of  absolutio  or  condem- 
natio.  That  part  of  the  formula  which  was  called 
condemnatio  (vid.  Actio,  p.  20),  empowered  the 
judex  to  condemn  or  acquit  (condemnare,  absolvere*). 
The  defendant  might  satisfy  the  plaintiff  after  the 
judicium  had  been  constituted  by  the  litis  contesta- 
tio  {post  acceplum  judicium6),  and  before  judgment 
was  given  ;  but  in  this  case  it  was  a  disputed  ques- 
tion between  the  two  schools  whether  the  judex 
should  acquit,  or  whether  he  should  condemn  on 
the  ground  that,  at  the  time  when  the  judicium  was 
constituted,  the  defendant  was  liable  to  be  con- 
demned, and  it  was  the  business  of  the  judex 
merely  to  follow  his  instructions.  The  dispute  ac- 
cordingly involved  one  of  those  principles  on  which 
the  schools  were  theoretically  divided — the  follow- 
ing out  of  a  legal  principle  to  all  its  logical  conse- 
quences ;  but,  like  many  other  questions  between 
the  schools,  this  question  was  practically  of  no  im- 
portance, as  the  plaintiff  would  not  be  allowed  to 
have  satisfaction  twice.     (Vid.  Jurisconsulti.) 

While  the  legis  actiones  were  in  force,  the  judg- 
ment was  for  the  restitution  of  a  thing,  if  a  given 
thing  (corpus)  was  the  object  of  the  action ;   but 
under  the  process  of  the  formula,  the  judex  gave 
judgment,  pursuant  to  the  formula,  in  a  sum  of 
money,  even  when  a  piece  of  property  was  the  ob- 
ject of  dispute.    This  sum  of  money  was  either  fix- 
ed or  not  fixed  in  the  formula.     If  the  claim  was 
for  a  certain  sum  of  money,  the  amount  was  insert- 
ed in  the  condemnatio,  and  the  judex  was  bound  to 
give  that  or  nothing  to  the  plaintiff.     If  the  claim 
was  for  damages  or  satisfaction,  the  amount  of 
which  was  not  ascertained,  the  condemnatio  was 
either  limited  to  a  sum  named  in  the  formula,  and 
which  the  judex  could  not  exceed  except  at  his  own 
peril  {litem  suam  facicndo) ;  or,  if  the  action  was  for 
the  lecovery  of  property  from  the  possessor,  or  if  it 
was  an  actio  ad  exhibendum,  the  condemnatio  em- 
powered the  judex  to  condemn  the  defendant  in  the 
value  of  the  thing.     The  judex  was  always  bound 
to  condemn  in  some  definite  sum,  even  though  the 
formula  did  not  contain  a  definite  sum:  the  reason 
of  which  is  obvious ;  for,  unless  the  condemnatio 
was  definite,  there  would  be  no  judgment.7 

1.  (Cic,  Pro  Rose.  Com.,  14.  — Id.,  Pro  P.  Quintio,  18.)  —2. 
(Cic,  Pro  Caecina,  10.— Id.,  Pro  Flacco,  10.)—  3.  (Pro  Rose.  Com., 
15.)— 4.  (Gell.,  xiv.,  2.)— 5.  (Gaius,  iv.,  43.)— 6.  ! Gams.  iii..  180  ; 
i*.,  114.)— 7.  (Gaius,  iv.,  48-  52.) 


Ihe  following  is  the  distinction  between  an  ar- 
bitrium  and  judicium,  according  to  Cicero  r1  In  a 
judicium  the  demand  was  of  a  certain  sum  or  defi- 
nite amount  (pecunics.  certce) ;  in  an  arbitrium  the 
amount  was  not  determined  (incerla).  In  a  judici- 
um the  plaintiff  obtained  all  that  he  claimed  or  no- 
thing, as  the  words  of  the  formula  show  :  "  Si  parct 
H.  S.  iooo  dari  oportere.,'i  The  corresponding 
words  in  the  formula  arbitraria  were,  "  Quantum 
cequius  melius  id  dari ;"  and  their  equivalents  were, 
"  Ex  fide  bona,  Ut  inter  bonos  bene  agier."*  In  a  dis 
pute  about  dos,  which  Cicero  calls  "arbitrium  ret 
uxoria"  the  words  "  quid  aquius,  melius,"  were 
added.4  If  the  matter  was  brought  before  a  judex, 
properly  so  called,  the  judicium  was  constituted 
with  a  poena,  that  is,  per  sponsionem  ;  there  was 
no  poena  when  an  arbiter  was  demanded,  and  the 
proceeding  was  by  the  formula  arbitraria.  The  pro- 
ceeding by  the  sponsio,  then,  was  the  strict  one 
(angustissima  formula,  sponsianis5) ;  that  of  the  ar- 
bitrium was  ex  fide  bona,  and  the  arbiter,  though 
he  was  bound  by  the  instructions  of  the  formula, 
was  allowed  a  greater  latitude  by  its  terms.  The 
engagement  between  the  parties  who  accepted  an 
arbiter,  by  which  they  bound  themselves  to  abide 
by  his  arbitrium,  was  compromissum  ;6  but  this 
term  was  also  employed,  as  it  appears,  to  express 
the  engagement  by  which  parties  agreed  to  settle 
their  differences  by  arbitration,  without  the  inter- 
vention of  the  praetor.  Cicero  appears  to  allude  to 
this  arbitration.7 

According  to  Cicero,8  all  judicia  had  for  their  ob- 
ject either  the  settlement  of  disputes  between  indi 
viduals  (controversice),  or  the  punishment  of  crimes 
(rnalcficia).  This  passage  refers  to  a  division  of  ju- 
dicia, which  appears  in  the  jurists,  into  publica  and 
privata.  The  term  privata  judicia  occurs  in  Cice- 
ro,9 where  it  refers  to  the  class  of  judicia  which  he 
indicates  in  the  Caecina  by  the  term  controversies. 
The  term  publica  judicia  might  not  then  be  in  use, 
but  the  term  publica  causa  is  used  by  Cicero10  with 
reference  to  a  judicium,  which  by  the  jurists  would 
be  called  publicum.  In  the  Digest11  it  is  stated  that 
all  judicia  are  not  publica  in  which  a  crimen  was 
the  matter  in  question,  but  only  those  in  which  the 
offence  was  prosecuted  under  some  lex,  such  as  the 
Julia  Majestatis,  Cornelia  de  Sicariis,  and  others 
there  enumerated.  Judicia  were  called  extraordi- 
naria  when  the  inquiry  was  extra  ordinem,  that  is, 
not  according  to  the  usual  practice  ;  and  this  might 
happen  when  the  offence  was  one  not  provided  for 
by  law  (legibus),  but  one  that  was  punishable  by  im- 
memorial usage  and  general  opinion,  of  which  there 
is  an  instance  in  Livy  (seu  legibus  seu  moribus  mal- 
let anquireret12).  The  judicia  popularia,  or  populares 
actiones,  as  they  are  called,13  are  defined  to  be  those 
by  which  "  suum  jus  populus  luetur ;"  and  they 
agreed  with  the  publica  judicia  in  this,  that  any  per- 
son might  be  the  prosecutor  who  was  not  under 
some  legal  disqualification.  The  judicia  populi1* 
were  those  in  which  the  populus  acted  as  judices ; 
and,  accordingly,  Cicero  enumerates  the  populi  ju- 
dicia among  others  when  he  says15  that  "  nihil  de  ca- 
pite  civis,  aut  de  bonis,  sine  judicio  scnatus  aut  populi 
aut  eorum  qui  de  quaque  re  constituti  judices  sinf.  de* 
trahi  posse."  As  the  judicia  publica  are  defined  by 
the  jurists  to  be  those  in  which  crimina  were  tried 
by  a  special  lex,  it  appears  that  the  judicia  populi, 
strictly  so  called,  must  have  fallen  into  disuse,  01 
have  gradually  become  unnecessary  after  the  judi- 

1.  (Pro  Rose.  Com.,  4.)  —  2.  (Compare  Gaius,  iv.,  50.)  —  ? 
(Top.,  17.) — 4.  (Compare  Gaius,  iv.,  47,  62.)— 5.  (Cic.,  Pro  Rose. 
Com.,  14.)— 6.  (Pro  Rose.  Com.,  4.)— 7.  (Pro  Quintio,  5.— Com- 
pare Seneo..  De  Benef.,  iii.,  ~.\ — 8.  (ProCacina,  2.) — 9.  (Top., 
17.)  —10.  (Pro  Rose.  Araer.,  c.  21.)  —  11.  (48,  tit.  1,  s.  1.)  —  11 
(xxvi..  3.)— 13.  (Dis.  47,  tit.  £3,  s.  1.)— 14.  (Cic..  Brut.,  17  ) 
15.  (Pro  Dom.,  c.  13.) 

551 


JUDEX. 


JUDEX. 


j*a  publica  were  regulated  by  special  leges ;  and 
in  us  the  judicia  publica  of  the  later  republican  pe- 
riod represent  the  judicia  populi  of  the  earlier  times. 
The  judicia  populi  were  originally  held  in  the  co- 
mitia  curiata,  and  subsequently  in  the  centuriata 
and  tributa.  A  lex  of  Valerius  Publicola1  gave  an 
appeal  (provocatio)  to  the  populus  from  the  magis- 
tratus  ;  and  a  law  of  C.  Sempronius  Gracchus2  de- 
clared to  the  same  effect :  "  Ne  de  capite  civium  Ro- 
manorum  injussu  populi  judicaretur." 

The  kings  presided  in  the  judicia  populi,  and  the 
consuls  succeeded  to  their  authority.  But  after  the 
passing  of  the  lex  Valeria  de  Provocatione  (B.C.  507), 
the  consul  could  not  sit  in  judgment  on  the  caput 
of  a  Roman  citizen,  but  persons  were  appointed  to 
preside  at  such  inquiries,  who  were,  accordingly, 
called  quaesitores,  or  quaestores  parricidii,  or  re- 
rum  capitalium.  In  some  cases3  a  plebiscitum  was 
passed,  by  which  the  senate  was  empowered  to  ap- 
point one  of  the  praetors  or  some  other  magistrate 
to  preside  at  the  judicial  investigation.  In  course 
of  time,  as  cases  were  of  more  frequent  occurrence, 
these  quaestiones  were  made  perpetuae,  that  is,  par- 
ticular magistrates  were  appointed  for  the  purpose. 
In  the  year  149  B.C.,  the  tribune  L.  Calpurnius  Piso 
Frugi  carried  a  lex  De  Pecuniis  Repetundis,  from 
which  time  the  quaestio  repetundarum  became  per- 
petua.  L.  Sulla  gave  to  one  praetor  the  quaestiones 
de  majestate,  and  to  others  those  of  peculatus  and 
ambitus  ;  and  he  also  added  four  other  quaestiones 
perpetuae.  Thus  he  carried  out  the  principle  of  the 
lex  Calpurnia,  by  establishing  permanent  courts  for 
the  trial  of  various  specified  offences,  and  the  prae- 
tors determined  among  themselves  in  which  of 
these  new  courts  they  should  severally  preside. 
The  ordinary  functions  of  the  praetor  urbanus  and 
peregrinus  were  not  interfered  with  by  these  new 
arrangements.  The  quaestiones  of  Sulla  were,  De 
Repetundis,  Majestatis,  De  Sicariis  et  Veneficis, 
De  Parricidio,  Peculatus,  Ambitus,  De  Nummis 
Adulterinis,  De  Falsis  or  Testamentaria,  and  De  Vi 
Publica.  But  in  special  cases  the  senate  still  some- 
times, by  a  decretum,  appointed  the  consuls  as  quaes- 
itores, of  which  an  example  occurs  in  Cicero  :*  this 
was  a  case  of  quaestio  or  judicium  extra  ordinem. 

Any  person  might  be  an  accuser  (accusator)  in  a 
judicium  publicum.  On  such  an  occasion  the  prae- 
tor generally  presided  as  quaesitor,  assisted  by  a 
judex  quaestionis  and  a  body  of  judices  called  his 
consilium.  The  judex  quaestionis  was  a  kind  of 
assistant  to  the  presiding  magistratus,  according  to 
some  opinions ;  but  others  consider  him  to  be  a 
quaesitor,  who  was  sometimes  specially  appointed  to 
preside  on  the  occasion  of  a  quaestio.5  The  judices 
were  generally  chosen  by  lot  out  of  those  who  were 
qualified  to  act ;  but  in  some  cases  the  accuser  and 
the  accused  (reus)  had  the  privilege  of  choosing 
(edere)  a  certain  number  of  judices  out  of  a  large 
number,  who  were  thence  called  edititii.6  Both  the 
accusator  and  the  reus  had  the  privilege  of  rejecting 
■»r  challenging  (rejicere)  such  judices  as  they  did  not 
nke.7  In  many  cases  a  lex  was  passed  for  the  pur- 
pose of  regulating  the  mode  of  procedure.  In  the 
matter  of  Clodius  and  the  Bona  Dea,  the  senate 
attempted  to  carry  a  lex  by  which  the  praetor  who 
was  to  preside  at  the  trial  should  be  empowered  to 
select  the  judices,  the  effect  of  which  would  have 
been  to  prevent  their  being  challenged  by  Clodius. 
After  a  violent  struggle,  a  lex  for  the  regulation  of 
the  trial  was  proposed  by  the  tribune  Fufius  and 
carried  :  it  only  differed  from  the  lex  recommended 
by  the   senate  in  the  mode  of  determining  /who 

1.  (L\v.,  ii.,  8.)— 2.  (Cic.Pro  Rabir.,  4.)— 3.  (lav.,  iv.,  51.)— 
4.  (Brtt.,  22.) — 5.  (Walter.   Geschichte  des   Rom.  Rechts,  p. 
661.)— 6.  (Cic,  Pro  Murseua.  c.  25  ;  Pro  Planco,  15,  17.)— 7. 
(Cic  ad  Att.,  i.,  16.) 
552 


should  be  the  judices  (fudicum  genus) :  a  difference^ 
however,  which  was  not  unimportant,  as  it  secured 
the  acquittal  of  Clodius.  The  judices  voted  by  bal- 
lot, at  least  generally,  and  a  majority  determined 
the  acquittal  or  condemnation  of  the  accused.  Each 
judex  was  provided  with  three  tablets  (tabula,),  on 
one  of  which  was  marked  A.,  Absolve  ;  on  a  second, 
C,  Condemno ;  and  on  a  third,  N.  L.,  Non  liquet. 
The  judices  voted  by  placing  one  of  these  tablets  if, 
the  urns  (urnce1),  which  were  then  examined  for  the 
purpose  of  ascertaining  the  votes.  It  was  the  duty 
of  the  magistratus  to  pronounce  the  sentence  of  thf» 
judices :  in  the  case  of  condemnation,  to  adjudgt 
the  legal  penalty ;  of  acquittal,  to  declare  him  ac- 
quitted ;  and  of  doubt,  to  declare  that  the  matter 
must  be  farther  investigated  (amplius  cognoscendum). 

Mention  is  often  made  of  the  judicia  populi  in  the 
Latin  writers.  A  judicium  was  commenced  by  the 
accuser,  who  must  be  a  magistratus,  declaring  in  a 
contio  that  he  would  on  a  certain  day  accuse  a 
certain  person,  whom  he  named,  of  some  offence, 
which  he  also  specified.  This  was  expressed  by 
the  phrase  "diem  dicere"  (Virginius  Casoni  capitis 
diem  dicit3).  If  the  offender  held  any  high  office,  it 
was  necessary  to  wait  till  his  time  of  service  had 
expired  before  proceedings  could  be  thus  com- 
menced against  him.  The  accused  was  required 
to  give  security  for  his  appearance  on  the  day  of 
trial ;  the  security  was  called  vades  in  a  causa  cap- 
italis,  and  praedes  when  the  penalty  for  the  alleged 
offence  was  pecuniary.  If  such  security  was  not 
given,  the  accused  was  kept  in  confinement.3  If 
nothing  prevented  the  inquiry  from  taking  place  at 
the  time  fixed  for  it,  the  trial  proceeded,  and  the 
accuser  had  to  prove  his  case  by  evidence.  The 
investigation  of  the  facts  was  called  anquisitio  with 
reference  to  the  proposed  penalty  :  accordingly,  the 
phrases  pecunia,  capite  or  capitis  anquiiere,  are 
used.*  When  the  investigation  was  conclnded,  the 
magistratus  promulgated  a  rogatio,  which  compre- 
hended the  charge  and  the  punishment  or  fine.  It 
was  a  rule  of  law  that  a  fine  should  not  be  imposed 
together  with  another  punishment  in  the  same  roga- 
tio.5 The  rogatio  was  made  public  during  three 
nundinae,  like  any  other  lex,  and  proposed  at  the 
comitia  for  adoption  or  rejection.  The  form  of  the 
rogatio,  the  effect  of  which  was  to  drive  Cicero  into 
banishment,  is  given  in  the  Oration  Pro  Domo,  c. 
18.  The  accused  sometimes  withdrew  into  exile 
before  the  votes  were  taken  ;  or  he  might  make  his 
defence,  of  which  we  have  an  instance  in  the  ora- 
tion of  Cicero  for  Rabirius.  Though  these  were 
called  judicia  populi,  and  properly  so  in  the  early 
ages  of  the  state,  the  leges  passed  in  such  judicia 
in  the  latter  period  of  the  Republic  were  often  ple- 
biscita. 

The  offences  which  were  the  chief  subject  of 
judicia  populi  and  publica  were  majestas,  adulteria 
and  stupra,  parricidium,  falsum,  vis  publica  and 
privata,  peculatus,  repetundae,  ambitus,  which  are 
treated  under  their  several  heads. 

With  the  passing  of  special  enactments  for  the 
punishment  of  particular  offences  was  introduced 
the  practice  of  forming  a  body  of  judices  for  the 
trial  of  such  offences  as  the  enactments  were  direct- 
ed against.  Thus  it  is  said  that  the  lex  Calpurnia 
De  Pecuniis  Repetundis  established  the  album  ju- 
dicum,  or  the  body  out  of  which  judices  were  to  be 
chosen.  It  is  not  known  what  was  the  number  of 
the  body  so  constituted,  but  it  has  been  conjectured 
that  the  number  was  350,  and  that  ten  were  chosen 
from  each  tribe,  and  thus  the  origin  of  the  pnrase 
decuriae  judicum  is  explained.  It  is  easy  to  con- 
ceive that  the  judicia  populi,  properly  so  called, 

1.  (Juv.,  Sat.,  v.,  4.)— 2.  (Liv.,  iii.,  11.)— 3.  (Liv.,  ii; ,  It,)  — 
4.  (Liv.,  xxvi.,  3.) — 5.  (Cic,  Pro  Dom.,  c.  17.) 


JUDEX. 


UJDEA. 


<tfould  be  less  frequent  as  special  leges  were  framed 
for  particular  offences,  the  circumstances  of  which 
could  be  betf  sr  investigated  by  *,  smaller  body  of 
judices  than  :y  the  assembled  pec?ile.  It  is  affirm- 
ed that  up  to  the  passing  of  the  Calpurnia  lex,  the 
judices  were  chosen  from  the  senators  only,  but 
after  this  time  they  were  not  taken  from  that  body 
exclusively  ;  and  farther,  that  not  only  the  judices 
in  the  quaestiones  de  repetundis,  but  also  the  judices 
in  private  matters,  were,  from  the  date  of  this  lex, 
taken  f'om  the  album  judicum  that  was  annually 
made,1  for  which  there  appears  to  be  no  evidence. 
The  lex  Servilia  (B.C.  104)  enacted  that  the  judices 
should  not  be  under  thirty  nor  above  sixty  years  of 
age ;  that  the  accuser  and  accused  should  severally 
propose  one  hundred  judices,  and  that  each  might 
reject  fifty  from  the  list  of  the  other,  so  that  one 
hundred  would  remain  for  the  trial.  This  lex  also 
made  some  provisions  for  the  mode  of  conducting 
the  prosecution  and  the  defence.  The  terms  of  the 
Sempronia  lex  of  Gracchus,  which  was  passed  B.C. 
123,  about  twenty  years  before  the  lex  Servilia,  are 
variously  stated ;  but  in  general  terms  it  is  said 
that  it  took  the  judicia  from  the  senators  and  gave 
them  to  the  equites ;  and  this  state  of  things  lasted 
nearly  fifty  years,2  till  Sulla  (B.C.  80)  restored  the 
iudicia  to  the  senate,  and  excluded  the  equites  from 
the  album  judicum.  The  lex  Servilia  apparently 
did  not  interfere  with  the  main  object  of  the  lex 
Sempronia.  Tacitus,  indeed,3  speaks  of  the  Servil- 
iae  leges  restoring  the  judicia  to  the  senate ;  but 
the  passage  is  encumbered  with  difficulty.  A  lex 
Aurelia  (B.C.  70)  enacted  that  the  judices  should 
be  chosen  from  the  three  classes — of  senators, 
equites,  and  tribuni  aerarii ;  and,  accordingly,  the 
judicia  were  then  said  to  be  divided  between  the 
senate  and  the  equites.  The  tribuni  aerarii  were 
taken  from  the  rest  of  the  citizens,  and  were,  or 
ought  to  have  been,  persons  of  some  property.  Thus 
the  three  decuriae  of  judices  were  formed ;  and  it 
was  either  in  consequence  of  the  lex  Aurelia  or 
some  other  lex,  that,  instead  of  one  urn  for  all  the 
tablets,  the  decuriae  had  severally  their  balloting 
urn,  so  that  the  votes  of  the  three  classes  were 
known.  Dion  Cassius*  ascribes  this  regulation  to 
a  lex  Furia ;  and  he  says  that  the  object  was,  that 
the  votes  of  the  decuria?  (hdvn,  yevrj)  might  be 
known,  though  those  of  individuals  could  not,  ow- 
ing to  the  voting  being  secret.  It  is  not  known  if 
the  lex  Aurelia  determined  the  number  of  judices 
in  any  given  case.  The  lex  Pompeia  de  Vi  and 
De  Ambitu  (B.C.  52)  determined  that  eighty  judices 
were  to  be  selected  by  lot,  out  of  whom  the  accuser 
and  the  accused  might  reject  thirty.  In  the  case 
of  Clodius,  in  the  matter  of  the  Bona  Dea,  there 
were  fifty-six  indices.  It  is  conjectured  that  the 
number  fixed  for  a  given  case  by  the  lex  Aurelia 
was  seventy  judices. 

Another  lex  Pompeia,  passed  in  the  second  con- 
sulate of  Pompey  (B.C.  55),  seems  to  have  made 
some  nuxlifications  in  the  lex  Aurelia  as  to  the 
qualification  of  the  judices  ;  but  the  new  provisions 
of  this  lex  are  only  known  from  Asconius,  who  ex- 
plains them  in  terms  which  are  v<ry  far  from  being 
clear.  A  lex  Judiciaria  of  Julius  Caesar  took  away 
the  decuria  of  the  tribuni  aerarii,  and  thus  reduced 
the  judices  to  two  classes  (genera,  the  yivn  of  Dion 
Cassius).  A  lex  judiciaria,  passed  after  his  death 
by  M.  Antonius,  restored  the  decuria  of  the  tribuni 
aerarii,  but  required  no  pecuniary  qualification  from 
them  :  the  only  qualification  which  this  lex  required 
was,  that  a  person  should  have  been  a  centurion  or 
have  served  in  the  legions.     It  appears  that  the 

IWm.  Staatsverfassung,  p.  425.) 
,  c   13.)— 3.  (Ann.,  xii.,  GO  )— 4. 


"•~       OV-I.V.VA       111         1.11^       l^glWHO. 

1.  (Gtfttling,  Geschichte  dcr  R.im.  S 
—2.  £*Jic.  in  Verr.,  Art.  Prim.,  c  13.) 
rxxvui.,8  ) 

A      \ 


4  A 


previous  lex  Pompeia,  lex  Aurelia,  and  a  lex  of 
Caesar  had  given  to  those  who  had  been  centurions 
(qui  ordines  duxerunt)  the  privilege  of  being  judices 
(judicatus),  but  still  they  required  a  pecuniary  qual- 
ification (census).  The  lex  of  Antonius,  besides 
taking  away  the  pecuniary  qualification,  opened  the 
judicia  to  the  soldiers.1  It  seems  probable  that  the 
expression  ex  centuriis,  which  is  used  by  Asconius 
in  speaking  of  the  change  introduced  by  this  lex 
Pompeia,  had  reference  to  the  admission  of  the 
centuriones  into  the  third  class  of  judices. 

Augustus  added  to  the  existing  three  decuriae 
judicum  a  fourth  decuria,  called  that  of  the  Ducfe 
narii,  who  had  a  lower  pecuniary  qualification,  anu 
only  decided  in  smaller  matters  (de  levioribus  sum- 
mis*).  Caligula3  added  a  fifth  decuria,  in  order  to 
diminish  the  labours  of  the  judices.  Augustus  had 
already  allowed  each  decuria,  in  it3  turn,  an  ex- 
emption for  one  year,  and  had  relieved  them  from 
sitting  in  the  months  of  November  and  December. 

As  to  the  whole  number  of  judices  included  at 
any  given  time  in  the  album  judicum,  it  seems  al- 
most impossible  to  state  anything  with  precision ; 
but  it  is  obvious,  from  what  has  been  said,  that  the 
number  must  have  varied  with  the  various  changes 
already  mentioned.  After  the  time  of  Augustus, 
the  number  was  about  four  thousand  ;  and  from  this 
period,  at  least,  there  is  no  doubt  that  the  album 
judicum  contained  the  whole  number  of  persons 
who  were  qualified  to  act  as  judices,  both  in  judicia 
privata  and  judicia  publica.  The  fourth  decuria  of 
Augustus  was  limited  in  its  functions  to  the  judicia 
privata,  in  which  the  matter  in  dispute  was  of  small 
value.  It  is  often  stated  by  modern  writers,  with- 
out any  qualification,  that  the  various  changes  in 
the  judiciary  body  from  the  time  of  the  lex  Calpur- 
nia to  the  end  of  the  Republic  had  reference  both 
to  the  judicia  publica  and  privata  ;  though  it  is  also 
stated  that  the  objects  of  these  various  enactments 
were  to  elevate  or  depress  one  of  the  great  parties 
in  the  state,  by  extending  or  limiting  the  body  out 
of  which  the  judices  in  any  given  case  were  to  be 
chosen.  But  it  is  obvious  that  these  reasons  do  not 
apply  to  the  matter  of  judicia  privata,  in  which  a 
single  judex  generally  acted,  and  which  mostly  con- 
cerned matter  of  property  and  contract.  Accord- 
ingly, a  recent  writer*  has  observed,  with  more 
caution  than  some  of  his  predecessors,  that  "  there 
is  no  doubt  that,  from  the  time  of  Augustus,  the 
album  judicum  had  reference  to  the  judices  in  civil 
matters,  but  that  as  to  earlier  times  a  difficulty 
arises  from  the  fact  that,  while  the  lex  Sempronia 
was  in  force,  by  which  the  senators  were  excluded 
from  the  album  judicum,  a  consularis  is  mentioned 
as  a  judex;5  and,  on  the  other  hand,  an  eques  is 
mentioned  as  a  judex  at  a  time  when  the  lex  of 
Sulla  was  in  force,  and,  consequently,  senators  only 
could  be  judices."6  These  instances  certainly  are 
inconsistent  with  the  fact  of  the  judicia  privata 
being  regulated  by  the  various  leges  judiciariae  ; 
but  they  are  of  small  weight  compared  with  the 
reasons  derivable  from  the  character  of  the  two 
kinds  of  judicia  and  the  difference  in  the  mode  of 
procedure,  which  render  it  almost  a  matter  of  de- 
monstration that  the  various  changes  in  the  judici- 
ary body  had  reference  to  the  quaestiones  and  judicia 
publica.  It  is  true  that  some  of  these  leges  may 
have  contained  provisions  even  as  to  judicia  privata, 
for  many  of  the  Roman  leges  contained  a  great  va- 
riety of  legislative  provisionSj  and  it  is  also  true 
that  we  are  very  imperfectly  acquainted  with  the 
provisions  of  these  leges  judiciariae ;  but  that  the 

1.  (Cio.,  Phil.,  i.,  8;  v.,  5.— Suet.,  Jul.,  41.)-2.  (Suet.,  Oc- 
tav.,  32.)— 3.  (Suet.,  Cali^.,  16.) — 4.  (Walter.  Geschichte  del 
Rom.  Rechts,  p.  716.) -ft.  (Cic,  De  Off.,  ii.,  19.)— 6.  (Cicn 
Pio  Rose.  Com..    .  14.) 

551 


ibDICJA  iJEGITIMA. 


JUGUM. 


regiuatiai  of  the  judicu  privata  was  included  in 
their  provisions,  in  the  same  form  and  to  the  same 
extent  as  that  of  the  judicia  publica,  is  an  assertion 
totally  unsupported  by  evidence,  and  one  which 
leads  to  absurd  conclusions.  Two  leges  Julias,  to- 
gether with  a  lex  iEbutia,  put  an  end  to  the  legis 
actiones  -,1  and  a  lex  Julia  Judiciaria  limited  the 
time  of  the  judicia  legitima  *  but  it  does  not  appear 
whether  these  leges  were  passed  solely  for  these 
objects,  or  whether  their  provisions  were  part  of 
some  other  leges. 

Though  the  general  character  of  the  Roman  ju- 
dicia, and  the  modes  of  procedure  both  in  civil  and 
criminal  matters,  are  capable  of  a  sufficiently  clear 
exposition,  there  is  much  uncertainty  as  to  many 
details,  and  the  whole  subject  requires  a  careful  ex- 
amination by  some  one  who  combines  with  a  com- 
petent knowledge  of  the  original  authorities  an  ac- 
curate acquaintance  with  the  nature  of  legal  proce- 
dure. 

The  following  works  may  be  referred  to  :  Wal- 
ter, Geschichie  des  Rom.  Rechts. — Gottling,  Geschich- 
te  der  Rom.  Staatsverfassung. — Heineccius,  Syntag- 
ma, &c. — Tigerstrom,  De  Judicibus  apud  Romanos, 
Berl.,  182G,  valuable  only  for  the  collection  of  the 
original  authorities. — Keller,  Uebcr  Litis  Contestation 
und  Urtheil,  &c,  Zurich,  1827. — Also  Gaius,  iv.  ; 
Dig.  5,  tit.  1,  De  Judiciis ;  Dig.  48,  De  Judiciis  Pub- 
licis  ;  Inst.,  iv.,  tit.  18. 

JUDEX    ORDINA'RIUS.      (Vid.   Judex   Peda- 

NEUS  } 

JUDEX  PEDA'NEUS.  The  origin  and  meaning 
of  this  term  seem  to  be  entirely  unknown.  The 
judices  to  whom  the  praetor  or  praeses  referred  a 
matter  in  litigation  with  the  usual  instructions,  were 
sometimes  called  pedanei.3  Subsequently  the  prae- 
ses, who  was  now  sometimes  designated  judex  or- 
dinarius,  or  judex  simply,*  decided  most  matters 
without  the  intervention  of  a  judex ;  but  still  he 
was  empowered  to  appoint  a  permanent  body  of  ju- 
dices for  the  decision  of  less  important  matters,  and 
these  also  were  called  judices  pedanei,  "  hoc  est  qui 
negotia  humiliora  disceptent."*  The  proceedings  be- 
fore this  new  kind  of  judices  pedanei  were  the  same 
as  before  the  praeses.  Some  modern  writers  are  of 
opinion  that  these  new  pedanei  judices  did  not  form 
a  permanent  court,  but  only  decided  on  matters 
which  were  referred  to  them  by  a  superior  authority.6 
JUDEX  QU^ESTIO'NIS.  (Vid.  Judex,  p.  552.) 
JUDICA'TI  ACTIO.  A  thing  was  a  res  judi- 
cata when  the  matter  in  dispute  had  been  determin- 
ed by  a  judicial  sentence,  and  the  actio  judicati 
was  a  mode  which  the  successful  party  might  adopt 
for  obtaining  a  decree  of  the  magistratus,  by  which 
he  could  take  possession  of  the  property  of  the  per- 
son who  had  lost  the  cause  and  had  not  satisfied  the 
judgment.  The  plaintiff  in  the  actio  judicati  was 
also  protected  in  his  possession  of  the  defendant's 
property  by  a  special  interdict,  and  he  was  empow- 
ered to  sell  it.  The  party  condemned  was  limited 
as  to  his  defence.  Originally  the  judicatus  was 
obliged  to  find  a  vindex  (vindicem  dare) ;  but  in  the 
time  of  Gaius  it  had  become  the  practice  for  him  to 
give  security  to  the  amount  of  the  judgment  (judi- 
catum  solvi  satisdare).  If  the  defendant  pleaded  that 
there  was  no  res  judicata,  he  was  mulcted  in  double 
the  amount  of  the  judgment  if  his  plea  was  false.7 
JU'DICES  EDITPTII.  (Vid.  Judex,  p.  552.) 
JUDI'CIA  DUPLFCIA.  (Vid.  Family  Ercis- 
cund^s  Actio.) 

JUDI'CIA  LEGFTIMA.  (Vid.  Imperium,  page 
530.) 


1.  (Gaius,  iv.,  30.)— 2.  (Gaius,  iv.,  104.)— 3.  (Theophil.,  iv., 

15.— Cod.  3,  tit.  3.)— 4.  (Cod.  Theod.,  1,  tit.  7.)- 5.  (Cod.  3,  tit. 

3,  b.  5-)  — 6.  (Cod.  3,  tit.  3.)  — 7.  (Gaius,  iv.,  9,  25,  171,  102.— 

Cic ,  Pro  Flacc,  20— Paulus,  S.  R.,  1,  tit.  19.— Dig.  42,  tit.  1.) 

554 


JUDFCIA  QU.E  IMPERIO.  (Vid.  Imperium, 
p.  530.) 

JUDFCIUM.     (Vid.  Judex.) 

JUDFCIUM  PO'PULI.  (Vid.  Judex,  p.  551, 
552  ) 

JUDFCIUM  PRIVATUM,  PU'BLICUM.  (Vid. 
Judex,  p.  551.) 

JU'GERUM,  a  Roman  measure  of  surface,  240 
feet  in  length  and  120  in  breadth,  containing,  there- 
fore, 28,800  square  feet.1  It  was  the  double  of  the 
actus  quadratics,  and  from  this  circumstance,  accord 
ing  to  some  writers,  it  derived  its  name.2  (Vid 
Actus  Quadratus.)  The  uncial  division  (vid.  As) 
was  applied  to  the  jugerum,  its  smallest  part  being 
the  scrupulum  of  10  feet  square,  =100  square  feet. 
Thus  the  jugerum  contained  288  scrupula.3  The 
jugerum  was  the  common  measure  of  land  among 
the  Romans.  Two  jugera  formed  an  heredium,  #» 
hundred  heredia  a  centuria,  and  four  centuria  a  sal- 
tus.  These  divisions  were  derived  from  the  origi- 
nal assignment  of  landed  property,  in  which  two;V,- 
gera  were  given  to  each  citizen  as  heritable  prop- 
erty.* 

*JUGLANS,  the  Wallnut,  or  Juglans  regia,  L., 
the  same  with  the  nupvov  or  Kapva  of  the  Greeks. 
(Vid.  Car  yum.) 

JUGUM  (Cyyoc,  fyyov)  signified,  in  general,  that 
which  joined  two  things  together.  It  denoted  more 
especially, 

1.  The  transverse  beam  which  united  the  upright 
posts  of  a  loom,  and  to  which  the  warp  was  attach- 
ed.6    (Vid.  Tela.) 

2.  The  transverse  rail  of  a  trellis,6  joining  the 
upright  poles  (perticce,  x(iPaKE£)  f°r  the  support  of 
vines  or  other  trees.  (Vid.  Capistrum.)  Hence,  by 
an  obvious  resemblance,  the  ridges  uniting  the  tops 
of  mountains  were  called  juga  montium.7 

3.  The  crossbar  of  a  lyre.8 

4.  A  scalebeam,  and  hence  a  pair  of  scales.  ( Vid. 
Libra.)  The  constellation  Libra  was  consequently 
also  called  Jugum.9 

5.  The  transverse  seat  of  a  boat.10  This  gave  or- 
igin to  the  term  Cyyirrjg,  as  applied  to  a  rower.  A 
vessel  with  many  benches  or  banks  for  the  rowers 
was  called  vvvc  iro'kv^vyoe  or  eKaro^vyoc.11 

6.  The  yoke  by  which  ploughs  and  carriages  were 
drawn.  This  was  by  far  the  most  common  applica- 
tion of  the  term.  The  yoke  was  in  many  cases  a 
straight  wooden  plank  or  pole  laid  upon  the  horses' 
necks  ;  but  it  was  commonly  bent  towards  each 
extremity,  so  as  to  be  accommodated  to  the  part  oJ. 
the  animal  which  it  touched  (curva  juga12).  The 
following  woodcut  shows  two  examples  of  the  yoke, 
the  upper  from  a  MS.  of  Hesiod's  Works  and  Days, 
preserved  at  Florence,  the  lower  from  a  MS.  of 
Terence,  belonging  to  the  Vatican  library.  These 
may  be  compared  with  the  still  ruder  forms  of  the 
yoke  as  now  used  in  Asia  Minor,  which  are  intro- 
duced in  the  article  Aratrum.  The  practice  of 
having  the  yoke  tied  to  the  horns,  and  pressing 
upon  the  foreheads  of  the  oxen  (capite,  non  cervice 
junctis13),  which  is  now  common  on  the  Continent 
of  Europe,  and  especially  in  France,  is  strongly 
condemned  by  Columella  on  grounds  of  economy 
as  well  as  of  humanity.14  He  recommends  that  their 
heads  should  be  left  free,  so  that  they  may  raise 
them  aloft,  and  thus  make  a  much  handsomer  ap- 

1.  (Colum.,  De  Re  Rust.,  v.,  1,  $  6.  — Quintil.,  Inst.  Or.,  i., 
18.)— 2.  (Varro,  De  Ling.  Lat.,  v.,  35,  ed.  Miiller.)  —  3.  (Varro, 
ib.,  ii.,  12.) — 4.  (Varro,  ib.,  i.,  10. — Niebuhr,  Hist,  of  Rome,  ii., 
p.  156,  &c,  and  Appendix,  ii.)  —  5.  (Ovid,  Met.,  vi.,  55.)  —  6. 
(Varro,  De  Re  Rust.,  i.,  8.  —  Col.,  De  Re  Rust.,  iv.,  17,  20.— Id 
ib.,  xii.,  15.— Geopon.,  v.,  29.)— 7.  (Virg.,  Eclog.,  v.,.76.— Flor., 
ii.,  3,  9,  17.— Id.,  hi.,  3.)— 8.  (Horn.,  II.,  ix.,  187.)— 9.  (Cic,  Div. , 
ii.,  47.)— 10.  (jEschyl.,  Agam.,  1608.— Soph.,  Ajax,  247.— Virg.. 
JEn.,  vi.,  411.)— 11.  (Horn.,  II.,  ii.,  293.— Id.  ib.,  xx.,  247.)- 1£ 
(Ovid,  Fast.,  iv.,  216.— Id.,  Trist.,  iv.,  6,  2.)-  13.  (Plin  ,  H.  N.» 
viii.,  70.)— 14.  (De  Re  Rust.,  ii.,  2.) 


JUGUM. 


JULLE  LEGES 


clearance.  (Compare  woodcut,  p.  2251).  All  this 
was  effected  by  the  use  either  of  the  two  collars 
(subjugia,7  /u£Ga6a,3  frvyXat*),  shown  in  the  upper 
figure  of  the  woodcut,  or  of  the  excavations  (ylvfyai) 
txit  in  the  yoke,  with  the  bands  of  leather  (lora ; 
tincla  ;5  Tavpodzriv  (3vpaav  krravxevir/v,6  ?ieiru8va), 
which  are  seen  in  the  lower  figure. 


This  figure  also  shows  the  method  of  tying  the 
yoke  to  the  pole  {temo,  pvpos)  by  means  of  a  leathern 
strap  (Cuyodea/ioi/7),  which  was  lashed  from  the  two 
opposite  sides  over  the  junction  of  the  pole  and 
yoke.  These  two  parts  were  still  more  firmly  con- 
nected by  means  of  a  pin  (e^oloq  ;8  eorop  ;9  eu6pv- 
ov  :10  vid.  Currxts,  p.  332),  which  fitted  a  circular 
cavity  in  the  middle  of  the  yoke  (bu<j>a2.6g11).  Homer 
represents  the  leathern  band  as  turned  over  the 
fastening  thrice  in  each  direction.  But  the  fasten- 
ing was  sometimes  much  more  complicated,  espe- 
cially in  the  case  of  the  celebrated  Gordian  knot, 
which  tied  the  yoke  of  a  common  cart,  and  consist- 
ed only  of  flexible  twigs  or  bark,  but  in  which  the 
ends  were  so  concealed  by  being  inserted  within 
the  knot,  that  the  only  way  of  detaching  the  yoke 
was  that  which  Alexander  adopted." 

Besides  being  variegated  with  precious  materials 
and  with  carving,  the  yoke,  especially  among  the 
Persians,  was  decorated  with  elevated  plumes  and 
figures.  Of  this  an  example  is  presented  in  a  bas- 
relief  from  Persepolis,  preserved  in  the  British  Mu- 
seum. The  chariot  of  Darius  was  remarkable  for 
the  golden  statues  of  Belus  and  Ninus,  about  eigh- 
teen inches  high,  which  were  fixed  to  the  yoke  over 
the  necks  of  the  horses,  a  spread  eagle,  also  wrought 
in  gold,  being  placed  between  them.13  The  passa- 
ges above  cited  show  that  when  the  carriage  was 
prepared  for  use,  the  yoke,  which  had  been  laid 
aside,  was  first  fastened  to  the  pole,  and  the  horses 
were  then  led  under  it.  Either  above  them,  or  at 
the  two  ends  of  the  yoke,  rings  were  often  fixed, 
through  which  the  reins  passed.  These  frequently 
appear  in  works  of  ancient  art  representing  chariots. 

Morning  and  evening  are  often  designated  in  po- 
etry by  the  act  of  putting  the  yoke  on  the  oxen1* 
and  taking  it  off15  (fiovlvoic;,  (3ov?mtos  ;16  ftovMcriog 

£>p7J17). 

By  metonymy  jugum  meant  the  quantity  of  land 
which  a  yoke  of  oxen  could  plough  in  a  day.18    It 


1.  (Cic,  De  Nat.  Deor.,  ii.,  63.  — Ovid,  Met.,  vii.,  211.)— 2. 
(Vhruv.,  x.,  3,  8.)— 3.  (Hesiod,  Op.  et  Dies,  469.— Proclus,  ad 
loc.)— 4.  (Horn.,  11.,  xix.,  406.— Schol.  ad  Apoll.  Rhod.,  iii.,232.) 
—5.  (Tib.,  ii.,  1, 1.)— 6.  (Brunck,  Anal.,  iii.,  44.)— 7.  (Horn.,  II., 
v.,  730.— Id.  ib  xxiv.,  268-274.)— 8.  (Schol.  in  Eurip.,  Ilippol., 
666.)— 9.  (Horn.,  1.  c.)— 10.  (lies.,  1.  c.)— 11.  (Horn.,  1.  c.)— 12. 
(Arrian,  Exp.  Alex.,  ii.,  p.  85,  ed.  Blan.— Q.  Curt.,  iii.,  2.— 
Schol.  in  Eurip.,  1.  c.)— 13.  (Q.  Curt.,  iii.,  3.)— 14.  (Hes.,  Op.  et 
Dies,  581.)— 15.  (Hor.,  Carm.,  III.,  vi.,  42.— Virg.,  Eclog.,  ii., 
16.— Ovid,  Fast.,  v.,  497.)— 16.  (Arrian,  1.  c— Horn.,  II.,  xvi., 
f97.— Cic.ad  Art.,  xv.,  27.)— 17.  (Arat,  Diosc,  387.)— 18.  (Var- 
io,  De  Be  Rust.,  i.,  10.) 


was  used  as  equivalent  to  the  Latin  par  and  th« 
Greek  frvyoc,1  as  in  aquilarum  jugum*  By  another 
figure  the  yoke  meant  slavery,  or  the  condition  is; 
which  men  are  compelled  against  their  will,  like 
oxen  or  horses,  to  labour  for  others.3  Hence,  to 
express  symbolically  the  subjugation  of  conquered 
nations,  the  Romans  made  their  captives  pass  un- 
der a  yoke,*  which,  however,  in  form  and  for  the 
sake  of  convenience,  was  sometimes  made,  not  like 
the  yoke  used  in  drawing  carriages  or  ploughs,  but 
rather  like  the  jugum  described  under  the  first  two 
of  the  preceding  heads  ;  for  it  consisted  of  a  spear 
supported  transversely  by  twTo  others  placed  upright. 

JU'LLE  LEGES  is  a  term  by  which  various  le- 
ges are  designated,  most  of  which  were  passed  in 
the  time  of  C.  J.  Caesar  and  Augustus. 

JULIA  LEX  DE  ADULTE'RIIS.     (Vid.  Adul- 

TERIUM.) 

JULIA  LEX  AGRA'RIA  is  referred  to  by  Sue- 
tonius,5 and  in  the  Digest,  De  Termino  Moto.6  But 
the  lex  of  C.  Caesar,  referred  to  in  the  Pandect,  is 
probably  a  lex  of  Caligula.  The  Agraria  lex  of  the 
dictator  Caesar  was  passed  B.C.  59,  when  he  was 
consul.7 

JULIA  LEX  DE  A'MBITU.     (Vid.  Ambitus.) 

JULIA  LEX  DE  ANNO'NA.8 

JULIA  LEX  DE  BONIS  CEDENDIS.  This 
lex  provided  that  a  debtor  might  escape  all  person- 
al molestation  from  his  creditors  by  giving  up  his 
property  to  them  for  the  purpose  of  sale  and  distri- 
bution.9 It  is  doubtful  if  this  lex  was  passed  in  the 
time  of  J.  Caesar  or  of  Augustus,  though  probably 
of  the  former.10  The  beneficium  of  the  lex  was  ex- 
tended to  the  provinces  by  the  imperial  constitu- 
tions.11 

JULIA  LEX  CADUCA'RIA  is  the  same  as  the 
lex  Julia  et  Papia  Popp^ea. 

JULIA  LEX  DE  CEDE  ET  VENEFI/CIO," 
perhaps  the  same  as  the  lex  De  Vi  Publica. 

JULIA  LEX  DE  CIVITA'TE  was  passed  in  the 
consulship  of  L.  J.  Caesar  and  P.  Rutilius  Lupus, 
B.C.  90.     (Vid.  Civitas,  Fozderat^e  Civitates.) 

JULIA  LEX  DE  FCE'NORE,  or,  rather,  De  Pe- 
cuniis  Mutuis  or  Creditis  (B.C.  47),  passed  in  the 
time  of  J.  Caesar.13  The  object  of  it  was  to  make 
an  arrangement  between  debtors  and  creditors  for 
the  satisfaction  of  the  latter.  The  possessiones 
and  res  were  to  be  estimated  at  the  value  which 
they  had  before  the  civil  war,  and  to  be  surrendered 
to  the  creditors  at  that  value  ;  whatever  had  been 
paid  for  interest  was  to  be  deducted  from  the  prin- 
cipal. The  result  was,  that  the  creditor  lost  about 
one  fourth  of  his  debt ;  but  he  escaped  the  loss 
usually  consequent  on  civil  disturbance,  which  would 
have  been  caused  by  novae  tabulae.14  A  passage  of 
Tacitus15  is  sometimes  considered  as  referring  to 
this  lex,  and  sometimes  to  the  lex  De  Bonis  Ceden- 
dis ;  but  it  does  not  seem  to  refer  to  either  of  them 
The  passage  of  Dion  Cassius16  seems  to  refer  to  this 
lex  De  Mutuis  Pecuniis. 

JULIA  LEX  DE  FUNDO  DOTA'LI.  The  pro- 
visions as  to  the  fundus  dotalis  were  contained  in 
the  lex  Julia  de  Adulteriis.17  This  Julia  lex  was 
commented  on  by  Papinian,  Ulpian,  and  Paulus. 
(Vid.  Adulterium.) 

JULI^E  LEGES  JUDICIATILE.     The  lex  re- 

1.  (Horn.,  II.,  xviii  ,  743.)— 2.  (Plin.,  H.  N.,  x.,  4,  5.)— 3. 
(jEsch.,  Agam.,  512. — Florus,  ii.,  14. — Tacit.,  AgTic,  31. — Hor., 
Sat.,  II.,  vii.,  91.)— 4.  (Florus,  i.,  11.)— 5.  (Jul.,  20.)— 6.  (47, 
tit.  21.)— 7-  (Dion  Cass.,  xxxviii.,  1-7,  &c. — Cic,  Phil.,  ii.,  39. 
—Id.,  ad  Art.,  ii.,  16,  18.— Rudorff,  "  Lex  Mamilia  de  Coloniis," 
Zeitschrift,  vol.  ix.)— 8.  (Dig.  48,  tit.  1,  s.  1.)— 9.  (Gaius,  iii., 
78.)— 10.  (Caesar,  Bell.  Civ.,  iii.,  1.— Sueton.,  J.  Ctes.,  42.— Ta 
cit.,  Ann.,  vi.,  16.— Dion  Cass.,  lviii.,  21.)— 11  (Cod.  7,  tit.  71, 
s.  4.)— 12.  (Sueton.,  Nero,  33.)— 13.  (Sueton.,  Jul.,  42.- Caesar, 
Bell.  Civ.,  iii.,  1.) — 14.  (Compare  C«sar,  Bell.  Civ.,  iii.,  1,  with 
Sueton.,  Jul.,  42.)— 15.  (Ann.,  vi.,  16.)— 16.  (lviii.,  21 :  Uepl  rwt 
avn$o)\ai<dv.) — 17.  (Gaius,  ii.,  63. — Paulus,  S.  R.,  ii.,  tit.  21,  s. 
2.— Dig.,  De  Fundo  Dotali,  23,  ft.  5,  s.  1,  2,  13.) 

555 


JULLE  LEGES. 


JULLE  LEGES. 


Jferred  to  in  the  Digest,1  by  which  a  person  under 
twenty  years  of  age  was  not  compelled  to  be  a  ju- 
dex, is  probably  one  of  the  leges  Juliae  Judiciariae.2 
As  to  the  other  Juliae  leges  Judiciariae,  vid.  Judex. 
JULIA  LEX  DE  LFBERIS  LEGATIO'NIBUS.3 

(  rid      XjI?  C  A  T*TT  S    ^ 

JULIA  LEX  MAJESTATIS.*  The  lex  Majes- 
tatis  of  the  Digest5  is  probably  a  lex  of  Augustus. 
(Vid.  Majestas.) 

JULIA  LEX  MUNICIPALS,  commonly  called 
the  Table  of  Heraclea.  In  the  year  1732  there 
were  found  near  the  Gulf  of  Tarentum  and  in  the 
neighbourhood  of  the  ancient  city  of  Heraclea  large 
fragments  of  a  bronze  tablet,  which  contained  on 
one  side  a  Roman  lex,  and  on  the  other  a  Greek  in- 
scription. The  whole  is  now  in  the  Museo  Borbon- 
ico  at  Naples.  The  lex  contains  various  provis- 
ions as  to  the  police  of  the  city  of  Rome,  and  as  to 
the  constitution  of  communities  of  Roman  citizens 
(rnunicipia,  colonics,  prafecturce,  fora,  conciliabula  civ- 
ium  Romanorum).  It  was,  accordingly,  a  lex  of  that 
kind  which  is  called  Satura. 

It  is  somewhat  difficult  to  determine  the  date  of 
this  lex,  but  there  seem  to  be  only  two  dates  that 
can  be  assumed  as  probable ;  one  is  the  time  imme- 
diately after  the  Social  War,  or  shortly  after  B.C. 
89  ;  the  other  is  that  which  shortly  followed  the 
admission  of  the  Transpadani  to  the  civitas  (B.C. 
49).  This  latter  date,  in  favour  of  which  various 
considerations  preponderate,  seems  to  be  fixed 
about  the  year  B.C.  44  by  a  letter  of  Cicero.6 
Compare  the  tablet  ].,  94,  104,  as  to  persons  whom 
the  lex  excluded  from  the  office  of  decurio. 

It  seems  that  the  lex  of  the  year  B.C.  49,  which 
^ave  the  civitas  to  the  Transpadani,  enacted  that  a 
Roman  commissioner  should  be  sent  to  all  the 
towns  for  the  purpose  of  framing  regulations  for 
tSieir  municipal  organization.  The  lex  Julia  em- 
powered the  commissioners  to  continue  their  la- 
bours for  one  year  from  the  date  of  the  lex,  the 
terms  of  which  were  so  extended  as  to  comprise 
the  whole  of  Italy.  The  lex  was  therefore  appro- 
priately called  Municipalis,  as  being  one  which  es- 
tablished certain  regulations  for  all  rnunicipia  ;  and 
ihm  sense  of  the  term  municipalis  must  be  distin- 
guished from  that  which  merely  refers  to  the  local 
usages  or  to  the  positive  lawrs  of  any  given  place, 
which  is  expressed  by  such  terms  as  lex  Municipii, 
lex  Civitatis,  and  other  equivalent  terms. 

The  name  lex  Julia  rests  mainly  on  the  fact  (as- 
sumed to  be  demonstrated)  that  this  lex  was  passed 
when  J.  Cresar  was  in  the  possession  of  full  power ; 
ihat  it  is  the  lex  referred  to  by  Cicero ;  and  that  it 
is  improbable  that  it  would  have  been  called  by  any 
other  personal  appellation  than  that  of  Julia.  It  is 
farther  proved,  by  a  short  inscription  found  at  Pa- 
dua in  1696,  that  there  was  a  lex  Julia  Municipalis ; 
and  the  contents  of  the  inscription  (mi.  vir  <zdilici<z. 
potestat.  c  lege.  Julia  Municipali),  compared  with 
Cicero  (eratque  rumor  de  Transpadanis  eos  jussos 
mi.  viros  creare1),  render  it  exceedingly  probable 
that  the  lex  Julia  Municipalis  of  the  inscription  is 
the  lex  of  the  Table  of  Heraclea  and  the  lex  Muni- 
cipalis of  the  Digest.8 

(Savig,":j,  Volksschluss  der  Tafel  von  Heraclea, 
Zeitschrift,  vol.  ix.,  p.  300 ;  the  tablet  is  printed  in 
the  work  of  Mazochi,  Comm.  in  aneas  Tab.  Heracl., 
p.  1,  2,  Neap.,  1754,  1755,  fol.,  with  a  commentary 
which  contains  much  learning,  but  no  sound  criti- 
cism.) 

JULIA  LEX  ET  PAPIA  POPPAEA.  Augustus 
appears  to  have  caused  a  lex  to  be  enacted  about 

1.  (iv.,  tit.  8,  s.  41.)— 2.  (Gell.,  iv.,  2.)— 3.  (Cic.  ad  Att.,  xv., 
11.)— 4.  (Cic,  Phil.,  i.,  91.)— 5.  (48,  tit.  4.)-6.  (ad  Fain.,  vi., 
18.)— 7.  (ad  Att.,  v.,  2.)— 8.  (50,  tit.  9,  s.  3.— Cod.  7,  tit  9,  s.  1  ; 
and  Dig.  50,  tit.  1,  "  ad  Municipalem  et  de  Incolis.") 
556 


B.C.  18,  which  is  tited  as  the  lex  Julia  de  Maritan 
dis  Ordinibus,1  and  is  referred  to  in  the  Carmen 
Seculare  of  Horace,  which  was  written  in  the  ye  ir 
B.C.  17.  The  object  of  this  lex  was  to  regulate 
marriages,  as  to  which  it  contained  numerous  pro- 
visions ;  but  it  appears  not  to  have  come  into  oper- 
ation till  the  year  B.C.  13.  In  the  year  A.D.  9,  and 
in  the  consulship  of  M.  Papius  Mutilus  and  Q.  Pop- 
paeus  Secundus  (consules  suffecti),  another  lex  was 
passed  as  a  kind  of  amendment  and  supplement  to 
the  former  lex,  and  hence  arose  the  title  of  lex  Julia 
et  Papia  Poppaea,  by  which  this  lex  is  often  quoted. 
It  is  not  known  whether  these  leges  were  passed 
by  the  centuriae  or  the  tribus.  The  lex  is  often  va- 
riously quoted,  according  as  reference  is  made  to 
its  various  provisions  :  sometimes  it  is  called  lex 
Julia,  sometimes  Papia  Poppaea,  sometimes  lex  Ju- 
lia et  Papia,  sometimes  lex  De  Maritandis  Ordini- 
bus, from  the  chapter  which  treated  of  the  marria- 
ges of  the  senators,2  sometimes  lex  Caducaria,  De- 
cimaria,  &c,  from  the  various  chapters.3 

There  were  many  commentaries  on  this  lex  by 
the  Roman  jurists,  of  which  considerable  fragments 
are  preserved  in  the  Digest :  Gaius  wrote  15  books, 
Ulpian  20,  and  Paulus  10  books  at  least,  on  this 
lex.  The  lex  contained  at  least  35  chapters  ;*  b\& 
it  is  impossible  to  say  to  which  of  the  twTo  leges  in- 
cluded under  the  title  of  lex  Julia  and  Papia  Pop- 
paea the  several  provisions,  as  now  known  to  us, 
belong.  Attempts  have  been  made,  both  by  J.  Goth- 
ofredus  and  Heineccius,  to  restore  the  lex,  proceed- 
ing on  the  assumption  that  its  provisions  are  redu- 
cible to  the  two  general  heads  of  a  lex  Maritalis  and 
lex  Caducaria. 

The  lex  Julia  forbade  the  marriage  of  a  senator 
or  a  senator's  children  with  a  libertina,  with  a 
woman  whose  father  or  mother  had  followed  an 
ars  ludicra,  and  with  a  prostitute  •,  and  also  the 
marriage  of  a  libertinus  with  a  senator's  daughter. 
If  an  hereditas  or  a  legatum  was  left  to  a  person  on 
condition  of  not  marrying,  or  on  conditions  which 
in  effect  prevented  marriage,  the  conditions  were 
illegal,  and  the  gift  was  unconditional.  The  condi- 
tion, however,  might  be  not  to  marry  a  certain 
specified  person  or  certain  specified  persons,  or  it 
might  be  to  marry  a  particular  person  ;  but  then 
the  person  must  be  such  a  one  as  would  be  a  suita- 
ble match,  otherwise  the  condition  would  be,  in  ef- 
fect, a  condition  not  to  marry,  and  therefore  void.' 

In  order  to  promote  marriage,  various  penalties 
were  imposed  on  those  who  lived  in  a  state  of  celi- 
bacy (ccclibatus)  after  a  certain  'age.  Caelibes  cou'J 
not  take  an  hereditas  or  a  legacy  (legatum) ;  but  if 
a  person  was  caelebs  at  the  time  of  the  testato,  's 
death,  and  was  not  otherwise  disqualified  (jure  zi~ 
vili),  he  might  take  the  hereditas  or  legatum  if  he 
obeyed  the  lex  within  one  hundred  days,  that  is.  if 
he  married  within  that  time.6  If  he  did  not  com- 
ply with  the  lex,  the  gift  became  caducum.  (Vid. 
Caduca.)  The  lex  Julia  allowed  widows  a  term  ol 
one  year  (vacatio)  from  the  death  of  a  husband,  and 
divorced  women  a  term  of  six  months  from  the 
time  of  the  divorce,  within  which  periods  they  were 
not  subject  to  the  penalties  of  the  lex  :  the  lex  Pa- 
pia extended  these  periods,  respectively,  to  two 
years,  and  a  year  and  six  months.7  A  man  when 
he  attained  the  age  of  sixty,  and  a  woman  when 
she  attained  the  age  of  fifty,  were  not  included  with- 
in the  penalties  of  the  lex ;  but  if  they  had  not 
obeyed  the  lex  before  attaining  those  respective 
ages,  they  were  perpetually  bound  by  its  penalties 

1.  (Dig-.  38,  tit.  11  ;  23,  tit.  2.)— 2.  (Gaius,  i.,  178.— Ulp., 
Frag-.,  xi.,  20.— "Lex  Marita:"  Hor.,  Cayni.  Sec.)— 3.  (Ulp., 
Frag-.,  xxviii.,  tit.  7. — Dion  Cass.,  liv.,  16. — Id.,  lvi.,  1,  <fcc.-- 
Tacit.,  Ann.,  iii.,  25.)— 4.  (Dig.  22,  tit.  2,  s.  19.)— 5.  (Dig.  35, 
tit.  1,  s.  63.)— 6.  (Ulp.,  Frag.,  xvii.,  tit.  1.)- 7.  (Ulp..  Frag, 
xiv.) 


JULLE  LEGES. 


JURE  CESSIO. 


by  a  senatus  consultum  Pernicianum.  A  senatus 
consultum  Claudianum  so  far  modified  the  strict- 
ness of  the  new  rule  as  to  give  to  a  man  who  mar- 
ried above  sixty  the  same  advantage  that  he  would 
have  had  if  he  had  married  under  sixty,  provided 
he  married  a  woman  who  was  under  fifty  ;  the 
ground  of  which  rule  was  the  legal  notion  that  a 
woman  under  fifty  was  still  capable  of  having  chil- 
dren.1 If  the  woman  was  above  fifty  and  the  man 
under  sixty,  this  was  called  impar  matrimonium, 
and  by  a  senatus  consultum  Calvitianum  it  was  en- 
tirely without  effect  as  to  releasing  from  incapacity 
to  take  legata  and  dotes.  On  the  death  of  the  wom- 
an, therefore,  the  dos  became  caduca. 

By  the  lex  Papia  Poppaea  a  candidate  who  had 
several  children  was  preferred  to  one  who  had  few- 
er.8 Freedmen  who  had  a  certain  number  of  chil- 
dren were  freed  "  operarum  obligatione  ;"3  and  liber- 
tae  who  had  four  children  were  released  from  the 
tutela  of  their  patrons.*  Those  who  had  three 
children  living  at  Rome,  four  in  Italy,  and  five  in 
the  provinces,  were  excused  from  the  office  of  tutor 
or  curator.5  After  the  passing  of  this  lex,  it  be- 
came usual  for  the  senate,  and  afterward  the  em- 
peror (princeps),  to  give  occasionally,  as  a  privilege, 
to  certain  persons  who  had  not  children,  the  same 
advantage  that  the  lex  secured  to  those  who  had 
children.  This  was  called  the  jus  liberorum.  Pliny 
says'  that  he  had  lately  obtained  from  the  emperor 
for  a  friend  of  his  the  jus  trium  liberorum.7  This 
privilege  is  mentioned  in  some  inscriptions,  on  which 
the  abbreviation  I.  L.  H.  (jus  liberorum  habens)  some- 
times occurs,  which  is  equivalent  to  "jura  parentis 
habere."  The  Emperor  M.  Antoninus  provided  that 
children  should  be  registered  by  name,  within  thirty 
days  after  their  birth,  with  the  praefectus  oerarii  Sa- 
turni.8 

The  lex  also  imposed  penalties  on  orbi,  that  is, 
married  persons  who  had  no  children  (qui  liberos 
non  habeni9),  from  the  age  of  twenty-five  to  sixty  in 
a  man,  and  from  the  age  of  twenty  to  fifty  in  a 
woman.  By  the  lex  Papia,  orbi  could  only  take 
one  half  of  an  hereditas  or  legatum  which  was  left 
to  them.10  It  seems  that  an  attempt  had  been  made 
to  evade  this  part  of  the  lex  by  adoptions,  which  a 
senatus  consultum  Neronianum  declared  to  be  inef- 
fectual for  the  purpose  of  relieving  a  person  from 
the  penalties  of  the  lex.11 

As  a  general  rule,  a  husband  and  wife  could  only 
leave  to  one  another  a  tenth  part  of  their  property  ; 
but  there  were  exceptions  in  respect  of  children  ei- 
ther born  of  the  marriage  or  by  another  marriage  of 
one  of  the  parties,  which  allowed  of  the  free  dispo- 
sal of  a  larger  part.  This  privilege  might  also  be 
acquired  by  obtaining  the  jus  liberorum.13 

JULIA  LEX  PECULA'TUS.    ( Vid.  Peculatus.) 

JULIA  LEX  ET  PLAUTIA,  which  enacted  that 
there  could  be  no  usucapion  in  things  obtained  by 
robbery  (vi  possessor.).  The  Twelve  Tables  had  al- 
ready provided  that  there  could  be  no  usucapion  in 
stolen  things.13  This  lex  was  probably  passed  B.C. 
89. 

JULIA  LEX  DE  PROVI'NCIIS.  (Vid.  Pro- 
vince.) 

JULIA  LEX  REPETUNDA'RUM.     (Vid.  Rep- 

ETUNDjE.) 

JULIA  LEX  DE  RESFDUIS.     (Vid.  Pecula- 
te.) 
JULIA  LEX  DE  SACERDO'TIIS.1* 

1  ("Ulp.,  Frag.,  xvi.— Suet.,  Claud.,  23.)— 2.  (Tacit.,  Ann., 
*▼.,  19.— Plin.,  Ep.,  vii.,  16.)— 3.  (Dig.  38,  tit.  1,  "  De  Operis 
Libartorum.")— 4.  (Ulp.,  Frag.,  tit.  29.)— 5.  (Inst,  i.,  25.— Dig. 
27,  tit.  1.)— 6.  (Ep.,  ii.,  13.)— 7.  (Vid.,  also,  Ep.,  x.,  95,  96.)— 
8.  (Capitol.,  M.  Ant.,  c.  9.— Compare  Juv.,  Sat.,  ix.,  84.)— 9. 
<Gaiu»,  ii.,  111.)— 10.  (Gaius,  ii.,  286.)— 11.  (Tacit.,  Ann.,  xv., 
19.)— 12.  (Ulp.,  Frag.,  tit.  15,  16.)— 13.  (Gaius,  ii.,  45.— Inst., 
*.,  lit.  6.)— 14.  (Cic,  Ep.  ad  Brut.,  i.,  5.) 


JULIA  LEX  DE  SACRI'LEGIS.     ( Vid.  Picir 

LATUS.) 

JULIA  LEX  SUMTUA'RIA,  passed  in  the  time 
of  J.  Caesar,1  and  one  under  Augustus.8  (Vid. 
Sumtuari^:  Leges.) 

JULIA  LEX  THEATRA'LIS,3  which  permitted 
Roman  equites,  in  case  they  or  their  parents  ever 
had  a  census  equestris,  to  sit  in  the  fourteen  rows 
(quatuordecim  ordines)  fixed  by  the  lex  Roscia  The- 
atralis,  B.C.  69. 

JULIA  LEX  ET  TI'TIA,  passed  under  Augus- 
tus  B.C.  32,*  which  empowered  the  p.faeses  of  a 
province  to  appoint  a  tutor  for  women  and  pupilli 
who  had  none.8  A  lex  Atilia  of  earlier  but  uncer- 
tain date  had  given  the  same  power  at  Rome  to  the 
praetor  urbanus  and  the  majority  of  the  tribuni  ple- 
bis  ;  and  the  new  lex  w^as  passed  in  order  to  extend 
the  same  advantages  to  the  provinces.  There  are 
some  reasons  for  supposing  that  there  were  two 
leges,  a  Julia  and  a  Titia ;  and  among  those  rea 
sons  is  the  circumstance  that  it  is  not  usual  to  unite 
by  the  word  et  the  two  names  which  belong  to  one 
lex,  though  this  is  done  by  Cicero6  in  speaking  of  the 
lex  Licinia  and  Mucia. 

JULIA  LEX  DE  VI  PU'BLICA  AND  PR1- 
VA'TA.     (Vid.  Vis.) 

JULIA  LEX  VICESIMA'RIA.    (Vid.  Vicesima.) 

*JUNCUS,  the  Rush,  in  Greek  axoivoc.  (Vid. 
Schosnus.)  In  the  second  Eclogue  of  Virgil,7  that 
poet  speaks  of  "  interweaving  osiers  with  soft  rush- 
es" ("  Viminibus  mollique  paras  detexere  junco"). 
Fee  thinks  that  he  here  refers,  not  to  the  common 
Rush,  but  to  the  Scirpus  lacustris  of  Linnaeus.8 

JU'NEA  or  JU'NIA  NORBA'NA.     (Vid.  Liber- 

TI.) 

JU'NIA  LEX,  REPETUNDA'RUM.     ( Vid.  Re- 

PETUND.dE.) 

*JUNIP'ERUS  (ap>cev6oc),  the  Juniper-tree,  or 
Juniperus  communis,  L.  The  Juniper  is  a  very 
common  tree,  of  which  botanical  writers  mention 
two  species,  distinguished  from  each  other  by  the 
size  of  their  fruit.  It  grows  in  Europe  in  all  lati- 
tudes. The  berry,  which  the  Greeks  called  apKev- 
dic,  has  a  strong  odour,  from  which  the  tree  itself  is 
not  exempt.  Theophrastus  states  that  the  apnev- 
6oc  is  like  the  nedpoc,  and  that,  in  fact,  some  ap- 
plied the  same  generic  name  to  both,  calling  the 
apuevdoc,  for  distinction'  sake,  the  Kidpoc  ogvtcedpoc. 
Dioscorides  describes  two  species  of  Juniper,  which 
Sprengel  decides  to  be  the  Juniperus  macrocarpa, 
Sibth.,  and  the  J.  oxycedrus.9 

JURA  IN  RE.  (Vid.  Dominium,  p.  374.) 
JURE  ACTIO,  IN.  (Vid.  Jurisdictio.) 
JURE  CE'SSIO,  IN,  was  a  mode  of  transferring 
ownership  by  means  of  a  fictitious  suit,  and  so  far 
resembled  the  forms  of  conveyance  by  fine  and  by 
common  recovery  which,  till  lately,  were  in  use  in 
England.  The  in  jure  cessio  was  applicable  to 
things  mancipi  and  nee  mancipi,  and  also  to  res  in- 
corporates, which,  from  their  nature,  were  incapable 
of  tradition.  The  parties  to  this  transaction  were 
the  owner  (dominus  qui  cedit),  the  person  to  whom 
it  was  intended  to  transfer  the  ownership  (vindicans, 
cui  ceditur),  and  the  magistratus,  qui  addicit.  (Vid. 
Jurisdictio.)  The  person  to  whom  the  ownership 
was  to  be  transferred,  claimed  the  thing  as  his  own 
in  the  presence  of  the  magistratus  and  the  real 
owner  ;  the  magistratus  called  upon  the  owner  for 
his  defence,  and,  on  his  declaring  that  he  had  none 
to  make,  or  remaining  silent,  the  magistratus  de- 
creed (addixit)  the  thing  to  the  claimant.  This  pro- 
ceeding was  a  legis  actio. 

1.  (Dion  Cass.,  xliii.,  25.)— 2.  (Cell.,  ii.,  24.)— 3.  (Suet.,  Oc- 
tav.,  40.— Plin.,  H.  N.,  xxxiii.,  2.)— 4.  (Inst.,  i.,  tit.  20.)— 5.  (Ulp., 
Fra?.,  vi.,  tit.  11.)— 6.  (Brut.,  c.  16.— Pro  Balbo,  c.  21.)— 7.  (1, 
72.)— 8.  (F6e,  Flore  de  Vrgile,  p.  lxxiii.)— 9.  (Fee,  Fkee  li 
Virgile,  p.  Ixxii'. — Adams    Append.,  s.  v.  ap<£v0u<.) 

557 


JURISCONSULTI. 


JURISCONSULT!. 


A.n  hereditas  could  be  transferred  by  this  process 
eid.  Heres,  Roman,  p.  500) ;  and  the  res  corpo- 
rales,  whicli  belonged  to  the  hereditas,  passed  in 
this  way  just  as  if  they  had  severally  been  trans- 
ferred by  the  in  jure  cessio. 

The  injure  cessio  was  an  old  Roman  institution, 
and  there  were  provisions  respecting  it  in  the 
Twelve  Tables.1 

JURISCONSULTI  or  JURECONSULTI.     The 
origin  among  the  Romans  of  a  body  of  men  who 
were  expounders  of  the  law  may  be  referred  to  the 
separation  of  the  jus  civile  from  the  jus  pontificium. 
(Yid.  Jus  Civile  Flavianum.)     Such  a  body  cer- 
tainly existed  before  the  time  of  Cicero,  and  the 
persons  who  professed  to  expound  the  law  were 
called  by  the  various  names  of  jurisperiti,  juriscon- 
sulti,  or  consulti  simply.     They  were  also  desig- 
nated by  other  names,  as  jurisprudentes,  pruden- 
tiores,  peritiores,  and  juris  auctores.     Cicero8  enu- 
merates the  jurisperitorum  auctoritas  among  the 
component  parts  of  the  jus  civile.     The  definition 
of  a  jurisconsultus,  as  given  by  Cicero,3  is  a  "  per- 
son who  has  such  a  knowlege  of  the  laws  {leges)  and 
customs  (consuetudo)  whicli  prevail  in  a  state  as  to 
be  able  to  advise  (respondendum),  act  (agendum), 
and  to  secure  a  person  in  his  dealings  (cavendum) : 
Sextus  ^Elius  Catus  (vid.  Jus  ^Elianum),  M.  Man- 
lius,  and  P.  Mucius  are  examples."     In  the  oration 
Pro  Muraena,  Cicero  uses  "  scribere"  in  the  place 
of  "  agere."    The  business  of  the  early  jurisconsul- 
ti  consisted  both  in  advising  and  acting  on  behalf 
of  their  clients  (consultores)  gratuitously.      They 
gave  their  advice  or  answers  (responsa)  either  in 
public  places  which  they  attended  at  certain  times, 
or  at  their  own  houses  ;*  and  not  only  on  matters 
of  law,  but  on  anything  else  that  might  be  referred 
to  them     The  words  "  scribere"  and  "  cavere"  re- 
ferred to  their  employment  in  drawing  up  formal 
instruments,  such  as  contracts  or  wills,  &c.     At  a 
.later  period,  many  of  these  functions  were  per- 
formed by  persons  who  were  paid  by  a  fee,  and 
thus  there  arose  a  body  of  practitioners  distinct 
from  those  who  gave  responsa,  and  who  were  wri- 
ters and  teachers.     Tiberius  Coruncanius,%a  plebe- 
ian, who  was  consul  B.C.  281,  and  also  pontifex 
maximus,  is  mentioned  as  the  first  who  gave  ad- 
vice  publicly  (publice  professus  est),  and  he  was 
distinguished  both  for  his  knowledge  of  the  law 
and  his  eloquence.     He  left  no  writings.     Long  be- 
fore the  time  of  Cicero  the  study  of  the  law  had  be- 
come a  distinct  branch  from  the  study  of  oratory, 
and  a  man  might  raise  himself  to  eminence  in  the 
stpfc*  >r>v  His  reputation  as  a  lawyer,  as  well  as  by  his 
oratorical  power  or  military  skill.      There  were 
many  distinguished  jurists  in  the  last  two  centuries 
Df  the  republican  period,  among  whom  are  M.  Ma- 
nilius;  P.  Mucius  Scaevola,  pontifex  maximus  (B.C. 
131) ;  Q.  Mucius  Scaevola,  the  augur  ;  and  Q.  Mu- 
cius Scaevola,  the  son  of  Publius,  who  was  consul 
B.C.  95,  and  afterward  pontifex  maximus,  and  one 
of  the  masters  of  Cicero  (jurisperitorum  eloquenlissi- 
mus,  eloquentium  jurisperitissimus5).     This  Scaevola 
the  pontifex  was  considered  to  have  been  the  first 
who  gave  the  jus  civile  a  systematic  form,  by  a 
treatise  in  eighteen  books.6     Servius  Sulpicius  Ru- 
ms, the  friend  and  contemporary  of  Cicero,7  was  as 
great  an  orator  as  the  pontifex  Scaevola,  and  more 
distinguished  as  a  jurist.     Many  persons,  both  his 
predecessors  and  contemporaries,  had  a  good  prac- 
tical knowledge  of  the  law,  but  he  was  the  first  who 
bandied  it  in  a  scientific  manner,  and,  as  he  had 
boib.  numerous  scholars  and  was  a  voluminous  wri- 
ter, we  may  view  him  as  the  founder  of  that  method- 

1    (Frag.  Vat.,  s.  50.— Gaius,  ii.,  24.— Ulp.,  Frag.,  tit.  19,  s.  9.) 
—2    (Top.,  5.)— 3.  (De  Or.,  i.,  48.)— 4.  (Cic,  De  Or.,  iii..  33.^ 
-*    (Cic,  De  Or.,  i..  3<>  *— 6    (Dig.  1,  tit.  2,  s.  2,  <  41.)  —  /. 
(Brut.,  7,  40.) 
558 


ical  treatment  of  the  matter  of  law  which  charac- 
terized the  subsequent  Roman  jurists,1  and  in  which 
they  have  been  seldom  surpassed. 

The  jurists  of  the  imperial  times  are  distinguish- 
ed from  those  of  the  republican  period  by  two  cir- 
cumstances, the  jus  respondendi,  and  the  rise  of 
two  sects  or  schools  of  law. 

It  is  said  that  Augustus  determined  that  the  ju- 
risconsulti  should  give  their  responsa  under  his 
sanction  (ex  auctoritate  ejus  responderent),  and,  ac- 
cordingly, Gaius2  speaks  of  the  responsa  and  opin- 
iones  of  those  jurists  "  quibus  permissum  est  jura 
condere."  The  object  of  Augustus  was  probably  to 
obtain,  by  this  indirect  method,  that  control  over 
the  administration  of  the  law  which  he  could  not 
obtain  in  any  other  way.  It  does  not  appear  that  the 
jurists  who  had  not  obtained  this  mark  of  imperial 
favour  were  excluded  from  giving  opinions ;  but 
the  opinions  of  such  jurists  would  have  little  weight 
in  comparison  with  those  of  the  privileged  class. 
The  unanimous  opinion  of  the  jurists  was  to  have 
the  force  of  law  (legis  vicem) :  if  they  were  not 
unanimous,  the  judex  might  follow  which  opinion 
he  pleased.  Gaius  refers  the  establishment  of  this 
rule  to  a  rescript  of  Hadrian  ;3  but  it  seems  probable 
that  this  rescript  must  be  rather  considered  as  con- 
firmatory of  the  established  practice.  The  consti- 
tution of  this  body  of  jurists,  and  the  mode  of  pro- 
ceeding as  to  taking  their  opinions,  are  not  known. 
It  is  a  reasonable  conjecture  that  they  formed  a 
kind  of  college  ;  otherwise  it  is  not  easy  to  suppose 
how  the  opinions  were  taken.  The  power  of  ma- 
king or  declaring  the  law  was  limited  to  a  decision 
in  the  cases  which  came  before  them,  which,  how- 
ever, would  doubtless  be  received  as  law  in  all  C3- 
ses  of  the  same  kind,  and  would  serve  as  a  guide 
in  cases  of  a  similar  kind.  The  earlier  juriscoasulti 
gave  their  opinions  either  orally  or  in  writing  ;  but 
in  the  time  of  Tiberius  probably,  the  jurists,  that  is, 
the  privileged  jurists,  gave  their  answers  "  signata," 
that  is,  in  an  official  form.  The  matter  proposed 
for  the  opinion  of  the  jurisconsulti  was  sometimes 
stated  in  the  responsum,  either  fully  or  briefly ;  and 
the  responsum  itself  was  sometimes  short,  some- 
times long ;  sometimes  it  contained  the  grounds  of 
the  opinion,  and  sometimes  it  did  not,  which  cir- 
cumstance, however,  did  not  invalidate  its  force.* 

In  the  time  of  Augustus  there  arose  two  schools 
(sckolce)  or  sects  of  jurists,  the  nominal  heads  of 
which  were  respectively  Ateius  Capito  and  Antis- 
tius  Labeo,  while,  in  fact,  they  derived  their  name 
and  reputation  from  the  two  most  distinguished 
teachers  connected  with  them,  Sabinus  and  Procu- 
lus.  The  followers  of  Labeo,  whom  we  know  with 
certainty  to  have  been  such,  were  Nerva,  Proculus, 
Nerva  the  son,  Pegasus,  Celsus,  Celsus  the  son,  and 
Neratius  Priscus.  The  followers  of  Capito  were 
Massurius  Sabinus,  C.  Cassius  Longinus,  Longinus 
Ccelius  Sabinus,  Priscus  Javolenus,  Aburnus  Valens 
Tuscianus,  Gaius  (vid.  Institutiones),  and  probably 
Pomponius.  But  the  schools  did  not  take  their 
names  from  Labeo  and  Capito.  The  followers  of 
Labeo  were  named  Proculiani  from  Proculus.  The 
followers  of  Capito  derived  their  name  of  Sabiniani 
from  Massurius  Sabinus,  who  lived  under  Tiberius, 
and  as  late  as  the  reign  of  Nero  :  they  were  some- 
times also  called  Cassiani,  from  C.  Cassius  Longi- 
nus. It  is  not  easy  to  state  with  precision  the 
differences  which  characterized  the  two  schools. 
Whatever  may  have  been  the  origin  of  these  differ- 
ences, which  may,  perhaps,  be  partly  referred  lothe 
personal  character  of  Capito  and  Labeo,  the  schools 
were  subsequently  distinguished  by  a  difference  in 
their  manner  of  handling  the  matter  of  the  law. 


1.  (Cic,  Brut.,  41.  —  Dig.  1,  tit.  2,s.  2,  t,  43.)— 2.  (i.,7)— 3. 
(i.,  7.; — 4.  (Brisson,  De  Form.,  iii.,  c  85-87.) 


JURISDI€IIO. 


JUS. 


The  school  of  Capito  adhered  more  closely  to  what 
was  established,  and  to  the  letter  of  what  was 
written.  Labeo  was  a  man  of  greater  acquire- 
ments than  Capito,  and  his  school  looked  more  to 
the  internal  meaning  than  to  the  external  form,  and 
thus,  while  apparently  deviating  from  the  letter, 
they  approached  nearer  to  true  results,  though  the 
strict  logic  of  this  school  might  sometimes  produce 
a  result  less  adapted  to  general  convenience  than 
the  conclusions  of  the  Sabiniani,  which  were  based 
on  the  prevailing  notions  of  equity. 

The  jurisconsulti  were  both  teachers  and  writers. 
Their  writings  consisted  of  commentarii  on  the 
Twelve  Tables,  on  the  Edict,  on  particular  leges, 
more  especially  on  some  of  the  Juliae  leges,  and  on 
other  special  matters.  The  later  jurists  also  com- 
mented on  the  writings  of  the  earlier  jurists.  They 
also  wrote  elementary  treatises  (elementa,  commen- 
tarii), such  as  the  Institutiones  of  Gaius,  which  is 
the  earliest  work  of  the  kind  that  we  know  to  have 
been  written  •,  books  called  Regulae  and  Definitio- 
nes,  which  probably  were  collections  of  principles 
of  law  ;  collections  of  cases  and  answers,  under 
the  various  names  of  responsa,  epistolae,  sententiae, 
and  opiniones  ;  systems  of  law  ;  and  various  works 
of  a  miscellaneous  character  with  a  great  variety 
of  names,  such  as  disputationes,  quaestiones,  enchi- 
ridia,  res  quotidianae,  and  various  other  titles. 

The  juristical  writers  were  very  numerous  :  they 
formed  a  continued  series,  beginning  with  those  al- 
ready enumerated,  and  ending,  about  the  time  of 
Alexander  Severus,  with  Modestinus.  who  wras  a 
pupil  of  Ulpian.  With  the  exception  of  the  frag- 
ments preserved  in  the  Digest,  this  great  mass  of 
literature  is  nearly  lost.     ( Vid.  Pandect^e.)1 

JURISDI'CTIO.  The  "  officium"  of  him  "  qui 
;jas  dicit"  is  defined  as  follows  :*  "  Bonorum  posses- 
sionem dare  potest,  et  in  possessionem  mittere,  pupillis 
non  habentibus  tutores  constituere,  judices  litiganti- 
bus  dare."  This  is  the  general  signification  of  the 
word  jurisdictio,  which  expresses  the  whole  "  offi- 
cium jus  dicentis."  The  functions  wThich  are  in- 
cluded in  the  "  officium  jus  dicentis"  belong  either 
to  the  jurisdictio  (in  its  special  sense)  or  to  the  im- 
perium  mixtum,  or  they  are  those  which  are  ex- 
ercised by  virtue  of  some  lex,  senatus  consultum, 
or  authority  delegated  by  the  princeps,  as  the  "  Tu- 
toris  datio."3  The  jurisdictio  of  those  magistrates 
who  had  no  imperium  was  limited,  in  consequence 
of  not  having  the  imperium,  and,  therefore,  was  not 
jurisdictio  in  the  full  meaning  of  that  term.  (Vid. 
Magistrates.)  Inasmuch  as  jurisdictio  in  its  spe- 
cial sense,  and  the  imperium  mixtum,  are  compo- 
nent parts  of  jurisdictio  in  its  wider  sense,  imperi- 
um may  be  said  to  be  contained  in,  or  incident  to, 
jurisdictio  (imperium  quod  jurisdictioni  cohecret).* 
Sometimes  imperium  is  viewed  as  the  term  which 
designates  the  full  power  of  the  magistratus  ;  and 
when  so  viewed,  it  may  be  considered  as  equivalent 
to  jurisdictio  in  its  wider  sense,  or  as  comprehend- 
ing jurisdictio  in  its  narrower  sense.  Thus  impe- 
rium may  be  considered  as  containing  or  as  con- 
tained in  jurisdictio,  according  as  we  give  to  each 
term  respectively  its  wider  or  its  narrower  mean- 
ing.6 The  jurisdictio  was  either  voluntaria  or  con- 
tentiosa.*  The  jurisdictio  voluntaria  rendered  valid 
certain  acts  done  before  the  magistratus,  for  which 
certain  forms  were  required,  as  adoption  and  man- 
umission. Thus  adoption,  properly  so  called,  could 
take  place  before  the  praeses  of  a  province  ;7  but  in 
Rome  it  took  place  before  the  praetor,  and  was  said 
to  be  effected  uimperio  magistratus."      The  juris- 


1.  (Pomponius,  Be  Origine  Juris,  Dig.  1,  tit.  2. — Zimmern., 
Oes-chichte  des  Rom.  Privatrechts.)— 2.  (Dig.  2,  tit.  1,  De  Juris- 
dictione.)— 3.  (Dig.  26,  tit.  1,  s.  6.)— 4.  (Dig.  1,  tit.  21,  s.  1.)  — 
5.  (Puchta,  "  Ueber  den  inhalt  der  Lex  Rubria,"  Zeitschrift,  x., 
105.)- -6.  (Dig.  1,  tit.  1,  6,  s.  2,-7.  (Gaiui.  i..  100.) 


dictio  contentiosa  had  reference  to  legal  proceedings 
before  a  magistratus,  which  were  said  to  be  in 
jure,  as  opposed  to  the  proceedings  before  a  judex, 
which  were  said  to  be  in  judicio.  The  magistratus, 
therefore,  was  said  jus  dicere  or  reddere  with  re- 
spect to  what  he  did  personally,  and  though  he 
might  not  declare  the  law  truly,  still  he  was  said 
"jus  dicere."  Accordingly,  "magistratus"  and 
"  qui  Romae  jus  dicit"  are  equivalent.1  The  Amo- 
tions included  in  jurisdictio  in  this,  its  special  sense, 
were  the  addictio  in  the  legis  actiones,  the  giving  of 
the  formula  in  proceedings  conducted  according  to 
the  newer  process,  and  the  appointment  of  a  judex 
The  appointing  of  a  judex,  "  judicis  datio,"  was  for 
the  purpose  of  inquiring  into  the  facts  in  dispute 
between  the  parties.  The  words  of  the  formula 
are  "  Judex  esto,"  &c.  ;2  and  the  terms  of  the  edict 
in  which  the  praetor  declares  that  he  will  give  a  ju- 
dex, that  is,  will  recognise  a  right  of  action,  are 
"Judicium  dabo."3  Addictio  belongs  to  that  part 
of  jurisdictio  by  which  the  magistratus  himself 
makes  a  decree  or  gives  a  judgment :  thus,  in  the 
case  of  the  in  jure  cessio,  he  is  said  "  rem  addice- 
re."*  Addicere  is  to  adjudge  a  thing  or  the  posses- 
sion of  a  thing  to  one  of  the  litigant  parties.  In 
the  case  of  furtum  manifestum.  inasmuch  as  the 
facts  would  be  certain,  there  was  an  addictio.5 

Other  uses  of  the  word  addictio  are  collected  if. 
Facciolati. 

It  is  with  reference  to  the  three  terms,  do,  dico* 
addico,  that  Varro6  remarks  that  the  praetor  must 
use  one  of  these  words  "  cum  lege  quid  peragitur.'* 
Accordingly,  those  days  wrere  called  Nefasti  on 
which  no  legal  business  could  be  done,  because 
the  words  of  legal  force  could  not  be  used.7 

JUS.  "  All  people,"  says  Gaius,8  "  who  are  gov- 
erned by  leges  and  mores,  use  partly  their  own  law 
(jus),  partly  the  law  (jus)  that  is  common  to  all 
mankind ;  for  the  law  (jus)  wrhich  a  state  estab- 
lishes for  itself  is  peculiar  to  such  state,  and  is 
called  jus  civile,  as  the  peculiar  law  (jus)  of  that 
state.  But  the  law  (jus)  which  natural  reason  (nat- 
uralis  ratio)  has  established  among  all  mankind  ia 
equally  observed  by  all  people,  and  is  called  jus  gen- 
tium, as  being  that  law  (jus)  which  all  nations  fol- 
low. The  Roman  populus,  therefore,  follows  part- 
ly its  own  peculiar  law  (suum  proprium  jus),  partly 
the  common  law  (commune  jus)  of  all  mankind." 

According  to  this  view,  all  law  (jus)  is  distributed 
into  two  parts,  jus  gentium  and  jus  civile,  and  the 
whole  body  of  law  peculiar  to  any  state  is  its  jus 
civile.*  The  Roman  law,  therefore,  which  is  pe- 
culiar to  the  Roman  state,  is  its  jus  civile,  some- 
times called  jus  civile  Romanorum,  but  more  fre- 
quently designated  by  the  term  jus  civile  only,  by 
which  is  meant  the  jus  civile  of  the  Romans. 

The  jus  gentium  is  here  viewed  by  Gaius  as 
springing  out  of  the  naturalis  ratio  common  to  all 
mankind,  which  is  still  more  clearly  expressed  in 
another  passage,10  where  he  uses  the  expression 
"  omnium  civitatium  jus"  as  equivalent  to  the  jus 
gentium,  and  as  founded  on  the  naturalis  ratio. 
In  other  passages  he  founds  the  acquisition  of  prop- 
erty, which  was  not  regulated  by  Roman  law,  on 
the  naturalis  ratio  and  on  the  naturale  jus  indiffer- 
ently, thus  making  naturalis  ratio  and  naturale  jus 
equivalent.11  He  founds  cognatio  on  naturalis  ratio, 
as  being  common  to  all  mankind,  and  agnatio  on 
civilis  ratio,  as  being  purely  a  Roman  institution.1' 
In  two  passages  in  the  Digest,13  he  calls  the  same 
thing  naturale  jus  in  s.  2,  and  jus  gentium  in  s.  3, 
5.     The  naturale  jus  and  the  jus  gentium  are  there- 

1.  (Cic.  ad  Fan..,  xiii.,  14.)  —2.  (Gaius,  iv.,  47.)  —  3.  (Cic, 
Pro  Flacc,  35.)— 4.  (Gaius,  ii.,  24.)  —  5.  (Gaius,  iv.,  189.)  —  G. 
(De  Ling.  Lat.,  vi.,  30.) — 7.  (Compare  Ovid,  Fast.,  i.,  47.)  —  8 
(i.,  1.)— 9.  (Cic.,DeOrat.,i.,44.)— 10.  (i.,  180.) — 11.  (ii.,  65,66, 
69,  73,  79.)— 12.  (i.,  158.)— 13.  (i.,  tit.,  8.) 

*59 


Ju&. 


JUS. 


lore  identical.  Cicero1  opposes  natura  to  leges, 
where  he  explains  natura  by  the  term  jus  gentium, 
and  makes  leges  equivalent  to  jus  civile.  In  the 
Partitiones2  he  also  divides  jus  into  natura  and  lex. 

There  is  a  threefold  division  of  jus  made  by  Ul- 
pian  and  others,  which  is  as  follows :  jus  civile  ; 
ius  gentium,  or  that  which  is  common  to  all  man- 
kind ;  and  jus  naturale,  which  is  common  to  man 
and  beasts.  The  foundation  of  this  division  seems 
to  have  been  a  theory  of  the  progress  of  mankind 
from  what  is  commonly  termed  a  state  of  nature, 
first  to  a  state  of  society,  and  then  to  a  condition 
of  independent  states.  This  division  had,  however, 
no  practical  application,  and  must  be  viewed  mere- 
ly as  a  curious  theory.  Absurd  as  it  appears  at 
hist  sight,  this  theory  is  capable  of  a  reasonable  ex- 
planation ;  and  Savigny  shows  that  it  is  not  meant 
to  say  that  beasts  have  law,  but  only  the  matter  of 
law ;  that  is,  some  of  those  natural  relations  on 
which  legal  relations  are  founded,  exist  among 
beasts  as  well  as  men.  Such  natural  relations  are 
those  by  which  the  species  is  propagated.  In  the 
Institutes  the  three  divisions  are  confounded  ;3  for 
the  explanation  of  jus  naturale  is  first  taken  from 
the  threefold  division  of  Ulpian,  and  then  the  jus 
gentium  and  civile  are  explained  according  to  the 
twofold  division  of  Gaius  already  quoted,  so  that 
we  have  in  the  same  section  the  jus  naturale  ex- 
plained in  the  sense  of  Ulpian,  and  the  jus  gentium 
explained  in  the  sense  of  Gaius,  as  derived  from 
the  naturalis  ratio.  Farther,  in  the  second  book,4 
the  jus  naturale  is  explained  to  be  the  same  as  jus 
gentium,  and  the  jus  naturale  is  said  to  be  coeval 
with  the  human  race.  Notwithstanding  this  con- 
usion  in  the  Institutes,  there  is  no  doubt  that  the 
wofold  division  of  Gaius  was  that  which  prevailed 
v  Roman  jurisprudence.5  This  twofold  division 
■■«)  ^ears  clearly  in  Cicero,  who  says  that  the  old 
-t^wns  separated  the  jus  civile  from  the  jus  gen- 
tiuu  :  and  he  adds,  that  the  jus  civile  (of  any  state) 
is  not,  therefore,  jus  gentium,  but  that  what  is  called 
jus  gs&ii  5Li  ought  to  be  jus  civile.6 

The  jv.s.  civile  of  the  Romans  is  divisible  into 
two  parts,  Vi  civile  in  the  narrower  sense,  and  jus 
pontiiicium,  or  the  law  of  religion.  This  opposi- 
tion is  sometin.es  expressed  by  the  words  jus  and 
fas  (fas  et  jura  iiwsmt1)  ;  and  the  law  of  things  not 
pertaining  to  religion  and  of  things  pertaining  to  it, 
are  also  respectively  opposed  to  one  another  by  the 
terms  res  juris  humaiu  et  divini.3  ( Vid.  Dominium.) 
Thus  the  pontifices  ma^irru,  P.  Crassus  and  T.  Co- 
runcanius,  are  said  to  hs.ve  given  responsa  de  om- 
nibus divinis  et  humanis  r^bus.9 

The  law  of  religion,  or  tl»3  jus  pontificium,  was 
under  the  control  of  the  pon"ULces,  who,  in  fact, 
originally  had  the  control  of  thw  whole  mass  of  the 
law,  and  it  was  only  after  the  separation  of  the  jus 
civile  in  its  wider  sense  into  the  two  parts  of  the 
jus  civile  in  its  narrower  sense  and  the  jus  ponti- 
ficium, that  each  part  had  its  proper  and  peculiar 
limits.  But  after  this  separation  was  fully  made, 
the  auctoritas  pontificum  had  the  same  operation 
and  effect  with  respect  to  the  law  of  religion  that 
the  auctoritas  prudentium  had  on  the  jus  civile.10 
Still,  even  after  the  separation,  there  was  a  mutual 
relation  between  these  two  branches-  of  law ;  for 
instance,  an  adrogatio  was  not  valid  by  the  jus 
civile  unless  it  was  valid  by  the  jus  pontificium.11 
(  Vid.  Adoption.)  Again,  jus  pontificium,  in  its  wi- 
der sense,  as  the  law  of  religion,  had  its  subdivi- 
sions, as  into  jus  augurum,  pontificum,  &c.13 

1.  (Off.,  iii.,  5.)— 2.  (c.  37.)— 3.  (i.,  tit.  2,  "De  Jure  Naturali, 
Gentium  et  Cinii.")— 4.  (tit.  1.,  s.  11.)— 5.  (Savigny,  System, 
&c,  i.,  p.  413.)— 6.  (Off.,  iii.,  17.)— 7.  (Virg.,  Georg.,  i.,  269.)— 
8.  (Instit.,  ii.,  tit.  1.)— 9.  (Cic,  De  Orat.,  iii.,  33.)— 10.  (Cic, 
Leg.,  ii.,  19,  20.)— 11.  (Cic,  De  Orat.,  iii.,  33.— Id.  Brut.,  42.) 
—12.  (Cic,  De  Senect.,  11.) 
660 


"  Law,"  says  Gaius,1  meaning  the  Roraaii  aivil 
law  (jura),  "  is  composed  of  leges,  plebiscita,  sena- 
tus  consulta,  constitutiones  principum,  the  edicta 
of  those  who  have  the  jus  edicendi,  and  the  respon- 
sa prudentium. ' '  The  component  parts  enumerated 
by  Cicero2  are  "leges  (which  include  plebiscita), 
senatus  consulta,  res  judicata?,  jurisperitorum  auc- 
toritas, edicta  magistratuum,  mos,  and  aequitas." 
A  consideration  of  the  different  epochs  at  which 
these  writers  lived  will  account  for  part  of  the  dis- 
crepancy ;  but  the  addition  of  mos  in  Cicero's  enu- 
meration is  important. 

Some  of  these  component  parts  are  also  opposed ; 
thus,  jus  civile  is  opposed  to  the  jus  praetorium  or 
honorarium,  which  originated  in  the  jus  edicendi. 
( Vid.  Edictum.)  In  this  sense  jus  civile  consists  of 
leges  and  senatus  consulta,  and  apparently  of  mos. 

The  component  parts  of  this  narrower  jus  civile, 
that  is,  of  jus  civile  as  opposed  to  praetorium,  are 
also  opposed  to  one  another,  that  is,  lex  and  mos 
are  sometimes  opposed  to  one  another,  as  parts 
component  of  the  jus  civile  (in  this  its  limited  sense), 
but  different  in  their  origin.  Horace3  speaks  of 
"Mos  et  lex;"  Juvenal4  opposes  "Juris  nodos  et 
legum  aenigmata ;"  jus  civile  is  opposed  to  leges,1 
to  lex,6  and  to  senatus  consultum.7  As  then  op- 
posed to  leges,  jus  civile  appears  to  be  equivalent 
to  mos.  In  fact,  the  opposition  between  lex  and 
mos  follows  the  analogy  of  that  between  jus  scrip- 
turn  and  non  scriptum.  "  When  there  are  scriptae 
leges,  we  must  follow  that  wrhich  has  been  intro- 
duced by  mores  and  consuetudo. — Immemorial  (in- 
veterata)  consuetudo  is  properly  observed  as  a  lex 
(■pro  lege),  and  this  is  the  jus  which  is  said  to  be 
'  moribus  constitutum.'  "8  Thus  immemorial  usage 
was  the  foundation  of  the  "jus  moribus  constitu- 
tum.'' (See  the  article  Infamia  as  to  the  origin 
of  infamia.)  This  branch  of  law  seems  sometimes? 
to  have  been  considered  by  the  Roman  jurists  as 
law  merely  by  force  of  custom,  whereas  such  cus- 
tom was  only  law  when  it  had  been  recognised  by 
a  competent  authority.  There  is,  however,  a  pas- 
sage of  Ulpian,9  in  which  he  distinctly  speaks  of 
confirming  a  consuetudo  in  a  judicium,  which  can 
have  no  other  meaning  than  that  its  force  as  law 
depended  on  a  decision  in  judicium.  And  the  mean- 
ing is  clear,  whether  we  read  contradicto  or  contra- 
dicts in  the  passage  just  referred  to. 

The  Roman  writers,  indeed,  frequently  refer  to 
a  large  part  of  their  law  as  founded  on  mores  or  on 
the  mos  majorum,  and  not  on  leges.10  Thus  Ul- 
pian11 says  that  the  jus  patriae  potestatis  is  moribus 
receptum.  But  mos  contained  matters  relating  to 
religion  as  well  as  to  the  ordinary  affairs  of  life ; 
and,  therefore,  we  may  also  view  mos  and  lex,  when 
opposed,  as  component  parts  of  the  jus  civile  in  its 
wider  sense,  but  not  as  making  up  the  whole  of  it. 
Mores  in  the  sense  of  immorality,  that  which  posi- 
tive morality  disapproves  of,  must  not  be  confound- 
ed with  jus  founded  on  mores  :  the  former  is  mali 
mores  in  respect  of  which  there  was  often  a  jus 
moribus  constitutum.  Thus  in  the  matter  of  the 
dos  there  was  a  retentio  in  respect  of  the  more'* 
graviores  or  majores,  which  was  adultery.11* 

The  terms  jus  scriptum  and  non  scriptum,  is  ex- 
plained in  the  Institutes,13  comprehended  the  whole 
of  the  jus  civile ;  for  it  was  all  either  scriptum  or 
non  scriptum,  whatever  other  divisions  there  might 
be.1*  Jus  scriptum  comprehended  everything,  ex- 
cept teat  "quod  usus  approbavit."  This  division 
of  jus  scriptum  and  non  scriptum  does  not  appear 
in  Gaius.     It  was  borrowed  from  the  Greek  wri- 

1.  (i.,  2.)— 2.  (Top.,  5  )— 3.  (Carm.,  iv.,  5.)— 4.  (viii.,  50.)  —i 
(Cic,  De  Orat.,  i.,  43.)— 6.  (Off,  iii.,  17.)— 7.  (Gaius,  ii.,  197.)— 
8.  (Julian,  Dig.  1,  tit  3,  s.  32.)— 9.  (Dig.  1,  tit.  3,  s.  34.)— 10. 
(Quint.,  Inst.  Orat.,  v,  10.)— 11.  (Dig.  1,  tit-  6,  s.8.)— 12.  (U\p.. 
Frag.,  tit.  6.)— 13.  (1,  tit.  2.)— 14.  (Ulp.,  Dig.  1,  tit.  1.  s.  6.) 


JUS. 


IUS. 


vers,  and  seems  to  have  little  or  no  practical  appli- 
cation among  the  Romans. 

A  division  of  jus  into  publicum  and  privatum  is 
mentioned  by  the  Roman  jurists.1  The  former  is 
defined  to  be  that  which  relates  to  the  status  rei 
Romanae,  or  to  the  Romans  as  a  state ;  the  latter 
is  defined  to  be  that  which  relates  "  ad  singulorum 
atilitatem."  The  publicum  jus  is  farther  said  by 
Hpian9  "  in  sacris,  in  sacerdotibus,  in  magistrati- 
frus  consistere."  According  to  this  view,  it  com- 
pienends  the  law  of  religion,  and  all  the  rest  of  the 
jus  civile  which  is  not  privatum.  There  are  oth- 
er significations  of  the  jus  publicum  in  the  Roman 
jurists,  but  the  whole  division  of  jus  into  publicum 
aad  privatum  seems  to  be  founded  on  no  principle, 
ai\d  is  very  confused.  The  elementary  treatise  of 
Gaius  does  not  mention  this  division,  and  it  is  lim- 
ited to  the  jus  privatum.  Justinian  in  his  Insti- 
tutes, after  making  this  division  of  jus  into  publi- 
cum and  privatum,  says,  "  we  must  therefore  treat 
of  jus  privatum,"  from  which  it  appears  that  he  did 
viot  contemplate  treating  of  jus  publicum.  The  title 
De  Judiciis  Publicis,  the  last  in  the  Institutes,  does 
not  belong  to  jus  publicum  as  above  defined ;  and 
yet  it  is  difficult  to  conceive  how  some  of  the  mat- 
ters involved  in  judicia  publica  were  not  viewed 
as  belonging  to  publicum  jus,  though  certainly  all 
of  them  could  not  so  be  viewed.3 

Ifie  jus  quiritium  is  equivalent  to  the  jus  civile 
Romanorum.  Accordingly,  we  find  the  expressions 
dominus  and  dominium  ex  jure  quiritium,  as  con- 
trasted with  in  bonis  (vid.  Dominium)  ;  and  a  La- 
tinus,  if  he  obtained  from  the  imperatorthe  jus  qui- 
ritium, obtained  the  Roman  civitas.*  The  terms 
jus  quiritium  and  the  Romana  civitas  are  therefore 
identical  in  this  passage.  Such  part  of  the  Roman 
law,  in  its  widest  sense,  as  related  to  buying,  sell- 
ing, letting,  hiring,  and  such  obligations  as  were 
not  founded  on  the  jus  civile,  were  considered  to 
belong  to  the  jus  gentium,5  that  is,  the  jus  nat- 
urale.6  Accordingly,  when  ownership  could  be  ac- 
quired by  tradition,  occupation,  or  in  any  other 
way  not  specially  provided  for  by  the  jus  civile, 
such  ownership  was  acquired  by  the  jus  gentium. 
When  the  jus  civile  prescribed  certain  forms  by 
which  ownership  was  to  be  transferred,  and  such 
forms  were  not  observed,  there  was  no  ownership 
jure  civili  or  jure  quiritium,  but  there  was  that  in- 
terest which  was  called  in  bonis.  It  is  not  said  by 
Gaius7  that  the  in  bonis  arose  by  virtue  of  the  jus 
gentium,  and  it  may  perhaps  be  concluded  that  he 
did  not  so  view  it ;  for  in  another  passage8  he 
speaks  of  alienation  or  change  of  ownership  being 
effected  either  by  the  jus  naturale,  as  in  the  case 
of  tradition,  or  by  the  jus  civile,  as  in  the  case  of 
mancipatio,  in  jure  cessio,  and  usucapion.  In  this 
passage  he  is  speaking  of  alienation,  which  is  com- 
pletely effected  by  tradition,  so  that  there  is  a  legal 
change  of  ownership  recognised  by  Roman  law ; 
not  by  Roman  law  specially  as  such,  but  by  Ro- 
man law  as  adopting  or  derived  from  the  jus  gen- 
tium. In  the  other  case,9  there  is  no  ownership 
either  as  recognised  by  Roman  law  as  such,  or  by 
Roman  law  as  adopting  the  jus  gentium :  the  in 
bonis  is  merely  recognised  by  the  praetorian  law,  to 
which  division  it  therefore  belongs.  So  far  as  the 
equity  of  the  praetor  may  be  said  to  be  based  on  the 
jus  gentium,  so  far  may  the  in  bonis  be  said  to  be 
founded  on  it  also.  Properly  speaking,  the  jus  gen- 
tium was  only  received  as  Roman  law  when  it  did 
not  contradict  the  jus  civile  ;  that  is,  it  could  only 
have  its  full  effect  as  the  jus  gentium  when  it  was 
not  contradicted  or  limited  by  the  jus  civile.     When 


1.  (Dig.  1,  tit.  l,s.  1.)— 2.  (Dig.  1,  tit.  l,s.  ].)— 3.  (Vid.  Cic, 
Pro  Balbo,  15.— (d.,  Pro  Mil.,  26.)— 4.  (Ulp.,  Frag.,  tit.  3.)  —5. 
<Die\  1,  tit.  1,  s  5.J- 6.  (Gaius,  ii.,  65.)  — 7.  (ii.,40.)  — 8.  (ii., 
%  )— 9.  (ii.,  •«)..) 
■i  b5 


it  was  so  contradicted  or  limited,  the  praetor  couii 
only  give  it  a  partial  effect,  but  in  so  doing,  it  is 
obvious  that  he  was  endeavouring  to  nullify  the  jus 
civile,  and  so  to  make  the  jus  gentium  as  extensive 
in  its  operation  as  it  would  have  been  but  for  the 
limitation  of  the  jus  civile.  The  bounds  that  were 
placed  to  this  power  of  the  praetor  were  not  very 
definite.  Still  he  generally  fashioned  his  jus  pra- 
torium  after  the  analogy  of  the  jus  civile,  aid  thcuga 
he  made  it  of  no  effect  as  against  his  jus  praetorium, 
he  maintained  its  form  and  left  it  to  its  full  opera- 
tion, except  so  far  as  he  necessarily  limited  its  op- 
eration by  his  own  jus  praetorium. 

Jus,  used  absolutely,  is  defined  to  be  "ars  boni  et 
cequi,"1  which  is  an  absurd  definition.  What  it  re- 
ally is  may  be  collected  from  the  above  enumera- 
tion of  its  parts  or  divisions.  Its  general  significa- 
tion is  law,  and  in  this  sense  it  is  opposed  to  lex  or 
a  law.  Lex,  however,  as  already  shown,  is  some- 
times used  generally  for  law,  as  in  the  instance 
from  Cicero  where  it  is  opposed  to  natura.  Lex, 
therefore,  in  this  general  sense,  comprehends  leges 
and  all  the  other  parts  of  the  jus  civile.  In  its  spe- 
cial sense  of  a  law,  it  is  included  in  jus.  Jus  is  also 
used  in  the  plural  number  (jura)  apparently  in  the 
sense  of  the  component  parts  of  jus,  as  in  Gaius,* 
where  he  says,  "  Constant  autem  jura  ex  legibus" 
&c. ;  and  in  another  passage,3  where  he  says,  with 
reference  to  the  agnationis  jus,  or  law  of  agnatio, 
and  the  cognationis  jus,  or  law  of  cognatio,  "  Civilis 
ratio  civilia  quidem  jura  corrumpere  potest."  Indeed, 
in  this  passage,  agnationis  jus  and  cognationis  jus 
are  two  of  the  jura  or  parts  of  jus,  which  with  other 
jura  make  up  the  whole  of  jus.  Again,*  that  provis- 
ion of  the  lex  Julia  de  Adulteriis,  which  forbade 
the  alienation  of  the  fundus  dotalis,  is  referred  to 
thus  :  "  quod  quidem  jus"  "  which  rule  of  law,"  oj 
"  which  law,"  it  being  a  law  comprehended  in  an 
other  law,  which  contained  this  and  many  other 
provisions.  Thus,  though  lex,  in  its  strict  sense  o< 
a  law,  is  different  from  jus  in  its  large  sense,  ana 
though  jus,  in  its  narrower  sense,  is  perhaps  never 
used  for  a  lex,  still  jus,  in  this  its  narrower  sense, 
is  used  to  express  a  rule  of  law,  or  a  law.  Thus 
Gaius5  speaks  of  the  jura,  or  legal  provisions  com- 
prised in  the  lex  iElia  Sextia,  and  of  jura  as  based 
on  the  responsa  prudentium. 

Jus  has  also  the  special  meaning  of  a  faculty  or 
legal  right.  Thus  Gaius  says,  "it  is  an  actio  in 
rem  when  we  claim  a  corporeal  thing  as  our  own, 
or  claim  some  jus  as  our  own,  such  as  a  jus  utendi, 
eundi,  agendi."  The  parental  power  is  called  a  "jus 
proprium  civium  Romanorum."  The  meaning  of  law 
generally,  and  of  a  legal  right,  are  applied  to  jus  by 
Cicero  in  the  same  sentence  :  "  If  a  man  ignorant 
of  law  (imperitus  juris)  seek  to  maintain  my  right 
(meumjus)  by  the  interdict."6  As  the  several  rules 
of  law  which  are  often  comprised  in  one  lex,  or 
which  make  up  the  whole  body  of  jus  (law),  may 
be  called  jura  with  reference  to  their  object,  so  the 
various  legal  rights  which  are  severally  called  jus 
with  reference  to  some  particular  subject  may  be 
collectively  called  jura.  Thus  we  find  the  phrase 
jura  parentis  to  express  all  the  rights  that  flow  from 
the  fact  of  paternity. 

The  phrase  jura  praediorum,  which  is  used  by  the 
Roman  jurists,  is  somewhat  peculiar,  and  open  to 
objection. 

The  potestas  which  a  Roman  father  had  over  his 
children  being  a  jus  or  legal  right,  there  hence  atose 
the  distinction  of  persons  into  those  who  are  sui  and 
those  who  are  alieni  juris.  All  the  rights  of  such 
persons  severally  are  represented  by  the  collective 
phrase  "jus  personarum,"  or  that  division  of  the 


1.  (Dig.  1,  tit.  1,  s.  1.)— 2.  (i.,2.)— 3.  (i.,  158.)— 4.  (Gaiu*.  * 
62.)— 5.  (i.,  47  )— 6   (Pro  CaEcina,  c.  11.) 

5fil 


JUS  CHILE  PAPIRIANUM. 


LABRAX. 


whole  matter  of  jus  which  treats  of  the  status  of 
persons,  in  other  words,  the  law  of  persons. 

This  leads  to  the  mention  of  another  division  of 
the  matter  of  law  which  appears  among  the  Roman 
jurists,  namely,  the  law  of  persons ;  the  law  of 
things,  which  is  expressed  by  the  phrase  "jus  quod 
ad  res  pertinet ;"  and  the  law  of  actions,  "jus  quod 
ad  actiones  pertinet."1  In  his  first  book  Gaius  treats 
of  the  law  of  persons,  in  the  fourth  he  treats  of  the 
law  of  actions ;  and,  accordingly,  the  second  and 
third  contain  the  law  of  things,  to  express  which  he 
does  not  use  a  phraseology  analogous  to  that  of 
"jus  personarum,"  but  he  says  he  will  treat  De 
Rebus.  This  division  of  the  "jus  quod  ad  actiones 
pertinet'"  is  explained  in  the  article  Actio. 

The  adjective  justum  often  occurs  in  the  Latin 
writers  in  the  sense  of  that  which  is  consistent 
with  jus  or  law,  or  is  not  contrary  to  law.  Thus  it 
is  a  justum  (legal)  matrimonium  if  there  is  connu- 
bium  between  the  two  parties  to  the  marriage. 
The  word  justum  has  many  varieties  of  meaning, 
which  may  generally  be  derived,  without  much  dif- 
ficulty, from  the  meanings  of  jus. 

Jus  is  opposed  to  judicium,  and  a  thing  was  said 
to  be  done  in  jure  or  in  judicio,  according  as  it  was 
done  before  the  magistratus  or  before  a  judex. 
(Vid.  Judicium.)  Thus  all  matters  of  legal  ques- 
tion were  said  to  be  done  "  aut  ad  populum,  aut  in 
jure,  aut  ad  judicem."2  Jus,  in  the  sense  of  the 
place  "  in  quo  jus  redditur"  is  only  an  application  of 
the  name  of  what  is  done  to  the  place  in  which  it  is 
done.  The  expression  jus  dicere  is  explained  under 
Jurisdictio.  There  are  other  meanings  of  jus,  but 
they  are  unimportant,  or  may  be  deduced  from  what 
is  here  said. 

JUS  JELIA'NUM  was  a  compilation  by  Sextus 
^Elius  Paetus,  surnamed  Catus,  who  was  consul 
B.C.  198,3  and  who  is  called  by  his  contemporary 
Ennius  "  egregie  cordatus  homo."  He  is  also  fre- 
quently mentioned  with  praise  by  Cicero.4  The 
Jus  JElianum,  also  called  Tripertita,  contained  the 
laws  of  the  Twelve  Tables,  an  interpretatio,  and 
the  legis  actiones.  This  work  existed  in  the  time 
of  Pomponius.5  Cicero  also  speaks  of  some  com- 
mentarii  by  ^Elius.6 

JUS  APPLICATIONS.  (Vid.  Banishment, 
Roman,  p.  137.) 

JUS  CIVI'LE.     (Vid.  Jus.) 

JUS  CIVILE  FLAVIA'NUM.  Appius  Claudius 
Caecus,  who  was  censor  B.C.  312,  is  said  to  have 
drawn  up  a  book  of  actiones  or  forms  of  procedure, 
which  his  clerk  Cn.  Flavius  made  public.7  Accord- 
ing to  one  story,8  Flavius  surreptitiously  obtained 
possession  of  the  book  of  Appius,  and  was  reward- 
ed by  the  people  for  his  services  by  being  made  tri- 
hunus  plebis  and  curule  sedile.  The  effect  of  this 
publication  was  to  extend  the  knowledge  and  the 
practice  of  the  law  to  the  plebeians,  and  to.separate 
the  jus  civile  from  the  jus  pontificium. 

JUS  CIVILE  PAPIRIA'NUM  or  PAPISIA'- 
NUM  was  a  compilation  of  the  leges  regise,  or  laws 
passed  in  the  kingly  period  of  Rome.  This  compi- 
lation was  commented  on  by  Granius  Flaccus  in 
the  time  of  Julius  Caesar,9  to  which  circumstance 
*ve  probably  owe  the  preservation  of  existing  frag- 
ments of  the  leges  regiae.  There  is  great  doubt  as 
to  the  exact  character  of  this  compilation  of  Papir- 
aus.  and  as  to  the  time  when  it  was  made.  Even 
the  .name  of  the  compiler  is  not  quite  certain,  as  he 
is  variously  called  Caius,  Sextus,  and  Publius.  The 
best  notice  of  the  fragments  of  the  leges  regiae  is  by 

5..  (Gates,  i.,  8.)— 2.  (Plaut.,  Mensechm.,  iv.,  2,  18.)— 3.  (Liv., 
rxxii.,**  >  —  4.  (De  Rep.,  i.,  18.  — De  Or.,  i.,  45  ;  iii.,  33.)  — 5. 
(Ditr.  1,  tit.  2-  s.  2,  l)  38.)  —6.  (De  Orat  ,  i.,  56.  —Top.,  2.)  —  7. 
CCic,  De  Or.,  i.4i  *_8.  {Di?.  1,  ti*  a  «  7.)— 9.  (Dig.  50,  tit. 
16V«.-144.;) 

562 


Dirksen,  in  his  "  Versuchen  zur  Kriiik  und  autie- 
gung  der  Quellen  des  Romischen  Rechts."     See  alse 
Zimmern,  Geschichte  des  Rom.  Privatrcchts. 
JUS  GENTILFTIUM.     (Vid.  Gens.) 
JUS  GENTIUM.     (Vid.  Jus.) 
JUS  HONORARIUM.     ( Vid.  Edictum,  p.  388.) 
JUS  ITA'LICUM.     (Vid.  Colonia,  p.  281.) 
JUS  LATH.     (Vid.  Civitas,  Latinitas.) 
JUS  LIBERO'RUM.    ( Vid.  Julia  et  Papia  Pop- 
vjea.  Lex,  p.  557.) 

JUS  PONTIFFCIUM.     (Vid.  Jus,  p.  560.) 
JUS  PU'BLICUM,  PRIVATUM.     (Vid.  Jus,  ;. 
561.) 

JUS'QUIRI'TIUM.     (Vid.  Civitas,  Jus.) 
JUS  RESPONDENTS.     (Vid.  Jurisconsulti.) 
JUS  VOCATIO,  IN.     (Vid.  Actio,  p.  18.) 
JUSJURANDUM.     (Vid.  Oath.) 
JUSJURANDUM  CALU'MNLE.     (Vid.  Calum 

NIA.) 

*JUSQUI'AMUS,  a  corruption  from  Hyoscyamus. 
which  see. 

JUSTA  FUNERA.     (Vid.  Funus,  p.  459.) 
JUSTINIANE'US  CODEX.     (Vid.  Codex  Jus 
tinianeus.) 

JUSTITIUM.  (Vid.  Funus,  p.  462.) 
JUSSU,  QUOD,  ACTIO,  is  a  praetorian  actio 
which  a  man  had  against  a  father  or  master  of  a 
slave  (dominus),  if  a  filiusfamilias  or  a  slave  had 
entered  into  any  contract  at  the  bidding  (jussu)  of 
the  father  or  master,  for  the  full  amount  of  the  mat- 
ter in  dispute.  He  who  thus  contracted  with  a  fil- 
iusfamilias or  a  slave,  was  not  considered  to  deal 
with  them  on  their  own  credit,  but  on  that  of  the 
father  or  master.  This  actio  is  classed  by  Gaius 
with  the  exercitoria  and  institoria.1 

*IYNX  or  YUNX  (lvy%),  a  species  of  Bird,  the 
"Wryneck,  or  Yunx  torquilla,  L.  It  is  a  bird  of  the 
size  of  a  lark,  brown  above,  and  prettily  marked 
with  little  blackish  waves,  and  longitudinal  yellow 
and  black  reticulations  ;  whitish  striped  across,  with 
black  underneath.  "  The  Wryneck,"  observes  Grif- 
fith,2 "  derives  its  name  from  a  singular  habit  it  has 
of  turning  its  head  towards  the  back,  and  closing  its 
eyes :  this  movement  appears  to  be  the  result  of 
surprise,  terror,  or  astonishment  at  the  sight  of 
some  novel  object.  It  is  also  an  effort  which  the 
bird  appears  to  make  to  disengage  itself  when  it  is 
held  ;  but  as  it  executes  it  equally  in  a  state  of  lib- 
erty, and  as  the  young,  even  in  the  nest,  have  the 
same  habit,  it  is  clear  that  it  must  be  the  result  of 
a  peculiar  conformation.  This  species  of  bird,  with- 
out being  numerous,  is  extended  throughout  all  Eu- 
rope from  Greece  to  Lapland." — The  lynx  was  cele- 
brated in  the  magical  incantations  of  antiquity,  the 
entrails,  or  the  bird  itself,  being  attached  to  a  kind 
of  brazen  wheel,  which  was  made  to  revolve  while 
the  charm  was  sung.  In  one  of  the  Idyls  of  The- 
ocritus, a  female  adopts  this  as  one  of  the  means  of 
recalling  the  affections  of  a  faithless  lover.  The 
lynx  was  for  a  time  erroneously  confounded  with  a 
species  of  Motacilla,  or  "Wagtail,  upon  the  doubtful 
authority  of  the  Etymologicon  Magnum,  and  some 
of  the  scholiasts.  The  description  of  the  ivy!;,  how- 
ever, by  Tzetzes  applies  very  well  to  the  Wryneck. 
The  German  lexicographers  also  set  down  the  Wen- 
dehals,  or  Wryneck,  as  the  ivy  tj  of  the  Greeks.* 

K.     See  C. 

L. 

LA'BARUM.     (Vid.  Signa  Militaria.) 
*  LABRAX  (2,d6pa^),  a  species  of  Fish,  the  Bass 
or  Sea  Perch,  the  Ferca  labrax  of  Linnaeus,  or  La- 

1.  (Gaius,  iv.,  70.— Di°r.  15,  tit.  4.)— 2.  (vol.  \ii.,  p.  513.)— 3. 
(Theocrit.,  Id.,  ii.,  17. — Tzetzes  ad  L3rcoph.,  Cassand. — Adams, 
Append.,  s.  v.) 


LABYRINTH  US. 


LACERNA. 


•/rax  lupus  of  Cuvier.  Some  of  the  commentators 
on  the  classics,  observes  Adams,  refer  the  Lupus 
to  the  Pike,  but  Rondelet  is  at  great  pains  to  dis- 
prove this  opinion.1 

LABYRINTHUS  (ZaSvptvdoc).  This  word  ap- 
pears to  be  of  Greek  origin,  and  not  of  Egyptian,  as 
lias  generally  been  supposed ;  it  is  probably  a  de- 
nvative  form  of  MCipog,  and  etymologically  con- 
nccted  with  "kavpai.  Accordingly,  the  proper  defl- 
ation of  labyrinthus  is  alarge  and  complicated  sub- 
terraneous cavern,  with  numerous  and  intricate  pas- 
sages similar  to  those  of  a  mine.3  Hence  the  cav- 
(.1  us  near  Nauplia  in  Argolis  were  called  labyrinths.' 
.And  this  is,  indeed,  the  characteristic  feature  of  all 
the  structures  to  which  the  ancients  apply  the  name 
labyrinth,  for  they  are  always  described  as  either 
entirely  or  partially  under  ground. 

The  earliest  and  most  renowned  labyrinth  was 
that  of  Egypt,  which  lay  beyond  Lake  Mceris,  at  a 
snort  distance  from  the  City  of  Crocodiles  (Arsinoe), 
in  the  province  now  called  Faioum.     Herodotus* 
ascribes  its  construction  to  the  dodecarchs  (about 
650  B.C.),  and  Mela5  to  Psammetichus  alone.    But 
other  and  more  probable  accounts  refer  its  construc- 
tion to  a  much  earlier  age.6    This  edifice,  which  in 
grandeur  even  excelled  the  Pyramids,  is  described 
by  Herodotus  and  Pliny.7    It  had  3000  apartments, 
1500  under  ground,  and  the  same  number  above  it, 
and  the  whole  was  surrounded  by  a  wall.     It  was 
divided  into  courts,  each  of  which  was  surrounded 
by  colonnades  of  white  marble.    At  the  time  of  Di- 
odorus  and  of  Pliny  the  Egyptian  labyrinth  was  still 
extant.    But  the  ruins  which  modern  travellers  de- 
scribe as  relics  of  the  ancient  labyrinth,  as  well  as 
the  place  where  they  saw  them,  do  not  agree  with 
what  we  know  from  the  best  ancient  authorities 
respecting  its  architecture  and  its  site.9    The  pur- 
pose which  this  labyrinth  was  intended  to  serve 
can  only  be  matter  of  conjecture.    It  has  been  sup- 
posed by  some  writers  that  the  whole  arrangement 
of  the  edifice  was  a  symbolical  representation  of 
the  zodiac  and  the  solar  system.     Herodotus,  who 
saw  the  upper  part  of  this  labyrinth,  and  went 
through  it,  was  not  permitted  by  the  keepers  to  en- 
ter the  subterraneous  part,  and  he  was  told  by  them 
that  here  were  buried  the  kings  by  whom  the  laby- 
rinth had  been  built,  and  the  sacred  crocodiles. 

The  second  labyrinth  mentioned  by  the  ancients 
was  that  of  Crete,  in  the  neighbourhood  of  Cnossus  : 
Daedalus  was  said  to  have  built  it  after  the  model 
of  the  Egyptian,  and  at  the  command  of  King  Mi- 
nos.9   This  labyrinth  is  said  to  have  been  only  one 
hundredth  part  the  size  of  the  Egyptian,  and  to  have 
been  the  habitation  of  the  monster  Minotaurus.    Al- 
though the  Cretan  labyrinth  is  very  frequently  men- 
tioned by  ancient  authors,  yet  none  of  them  speaks 
if  it  as  an  eyewitness  ;  and  Diodorus  and  Pliny  ex- 
pressly state  that  not  a  trace  of  it  was  to  be  seen  in 
their  days.     These  circumstances,  together  with 
the  impossibility  of  accounting  for  the  objects  which 
a  Cretan  king  could  have  had  in  view  in  raising 
such  a  building,  have  induced  almost  all  modern 
writers  to  deny  altogether  the  existence  of  the  Cre- 
tan labyrinth.     This  opinion  is  not  only  supported 
by  some  testimonies  of  the  ancients  themselves,  but 
by  the  peculiar  nature  of  some  parts  of  the  island 
of  Crete.     The  author  of  the  Etymologicum  Magn. 
'•-alls  the  Cretan  labyrinth  "  a  mountain  with  a  cav- 
ern." and  Eustathius10  calls  it  "  a  subterraneous 
cavern ;"  and  similar  statements  are  made  by  sev- 

1.  (ArisUt.,  H.  A.,  i.,  5. -.Elian,  N.  A.,:.  30— Oppian,  Hal., 
c.  130.— Adams,  Append.,  3.  7.)— 2.  (Welcker,  ^Eschyl.  Trilo?., 
p.  212,  &c.)— 3.  (Strabo,  viii.,  6,  p.  195,  Tanchnitz.)  —  4.  (ii., 
148.)— 5.  (i.,  9.) — 6.  (Plin.,  H.  N.,  xxxvi.,  13.-Diod.  Sic,  i.,  61, 
89.  — Strabo,  xvii.,  1,  p.  454,  &c,  and  p.  45S,  Tauchnitz.)  —  7. 
{11.  cc  )— 8.  (British  Mas..  '«  Egyptian  Ar.tiq.,"  vol.  i.,  p.  54.)— 
»   (Plin..  ])iod..  1!.  cc.)— 10   (a<i  Odyss.,  xi.) 


eral  other  writers  quoted  by  Meursius.1  Such  large 
caverns  actually  exist  in  some  parts  of  Crete,  espe- 
cially in  the  neighbourhood  of  the  ancient  town  o! 
Gortys ;  and  it  was  probably  some  such  cavern  in 
the  neighbourhood  of  Cnossus  that  gave  rise  to  the. 
story  of  a  labyrinth  built  in  the  reign  of  Minos. a 

A  third  labyrinth,  the  construction  of  which  be- 
longs to  a  more  historical  age,  was  that  in  the  isl- 
and of  Lemnos.  It  was  commenced  by  Smilis,  an 
^Eginetan  architect,  and  completed  by  Rhcecus  and 
Diodorus  of  Samos,  about  the  time  of  the  first  Olym- 
piad.3 It  was  in  its  construction  similar  to  the 
Egyptian,  and  was  only  distinguished  from  it  by  a 
greater  number  of  columns.  Remains  of  it  were 
still  extant  in  the  time  of  Pliny.  It  is  uncertain 
whether  this  labyrinth  was  intended  as  a  temple  of 
the  Cabiri,  or  whether  it  had  any  connexion  with 
the  art  of  mining.4 

Samos  had  likewise  a  labyrinth,  which  was  built 
by  Theodorus,  the  same  who  assisted  in  building 
that  of  Lemnos  ;  but  no  particulars  are  known.5 

Lastly,  we  have  to  mention  a  fabulous  edifice  in 
Etruria,  to  which  Pliny  applies  the  name  of  laby- 
rinth. It  is  described  as  being  in  the  neighbourhood 
of  Clusium,  and  as  the  tomb  of  Lar  Porsenna.  But 
no  writer  says  that  he  ever  saw  it,  or  remains  of 
it ;  and  Pliny,  who  thought  the  description  which 
he  found  of  it  too  fabulous,  did  not  venture  to  give 
it  in  his  own  words,  but  quoted  those  of  Varro,  who 
had  probably  taken  the  account  from  the  popular 
stories  of  the  Etruscans  themselves.  It  was  said 
to  have  been  built  partly  under  and  partly  above 
ground,  whence  the  name  labyrinth  is  correctly  ap- 
plied to  it.  But  a  building  like  this,  says  Niebuhr,8 
is  absolutely  impossible,  and  belongs  to  the  Arabian 
Nights. 

LABRUM.     (Vid.  Baths.) 

*LABRUSCA,  the  wild  Vine,  the  ufiTrelog  uypta 
of  the  Greeks.  "  The  Labrusca,  or  wild  Vine  of  the 
ancients,"  remarks  Martyn,  "did  not  probably  dif- 
fer specifically  from  that  which  was  cultivated. 
Pliny  informs  us  that  the  grapes  of  the  Labrusca  were 
gathered  before  the  flowers  were  gone  off,  dried  in 
the  shade  upon  linen  cloths,  and  laid  up  in  casks  ; 
that  the  best  sort  came  from  Parapotamia,  the  next 
from  Antiocn  and  Laodicea,  and  the  third  from  the 
mountains  of  Media  ;  that  this  last  was  the  fittest 
for  medical  uses  ;  that  some,  however,  preferred 
the  kind  which  grew  in  Cyprus ;  that  the  African 
sort  was  used  only  in  medicine,  and  was  called  mas- 
saris,  and  that  the  white  was  better  than  the  black, 
and  that  it  was  called  amanthe.  In  another  place 
he  tells  us  that  the  Labrusca  is  called  by  the  Greeks 
ampclos  agria ;  that  it  has  thick  and  whitish  leaves, 
is  jointed,  has  a  chapped  bark,  and  bears  red  ber- 
ries. From  these  and  other  authorities,  we  may 
venture  to  affirm  that  the  Labrusca  is  a  real  vine, 
running  wild,   without  any   culture.7      (Vid.   Am- 

PELOS.) 

LACERNA  (/uavdvae.,  [iav6vrj)  was  a  cloak  worn 
by  the  Romans  over  the  toga,  whence  it  is  called 
by  Juvenal  "  munimentum  togee."8  It  differed  from 
the  paenula  in  being  an  open  garment  like  the  Greek 
pallium,  and  fastened  on  the  right  shoulder  by 
means  of  a  buckle  {fibula),  whereas  the  pasnula  was 
what  is  called  a  vestimentum  clausum,  with  an  open- 
ing for  the  head.  (Vid.  Pjenula.)  The  Lacerna 
appears  to  have  been  commonly  used  in  2he  army,' 
but  in  the  time  of  Cicero  was  not  usually  worn  in 
the  city.10  It  soon  afterward,  however,  became 
quite  common  at  Rome,  as  we  learn  from  Suetoni- 

1.  (Creta,  p.  67  and  69.)  —2.  (See  Walpole's  Travels,  p.  102, 
&c— H8ckh.  Kreta,  i.,  p.  56,  &c.)— 3.  (Plin.,  I.e.)— 4.  (Welck- 
er, ^schyl.  Tril.,  1.  c.)— 5.  (Plin.,  H.  N.,  xxxiv.,  8.)— 6-  (Hist 
of  Romp,  i..  p.  130,  note  405.)— 7.  (ad  Vir?.,  Eclog.,  v.,  T  *— 8 
(ix.,  28.)— 9.  (Paterc,  ii..  70.  80.-Ovid,  Fast.,  ii.,  74C  f  « 

IV..  i'ii.,  18.)— 10.  (Cfc,  Philip.,  ii.,  30.) 

563 


LACINLE. 


LADANQM. 


as,  who  says1  that  Augustus,  seeing  one  day  a  great 
number  of  citizens  before  his  tribunal  dressed  in 
the  lacerna,  which  was  commonly  of  a  dark  colour 
(pullati),  repeated  with  indignation  the  line  of  Virgil, 

" Romanos  rerum  dominos,  gentemque  togatam," 

and  gave  orders  that  the  aediles  should  henceforth  al- 
low no  one  to  be  in  the  Forum  or  circus  in  that  dress. 

Most  persons  seem  to  have  carried  a  lacerna  or 
paenula  with  them  when  they  attended  the  public 
games,  to  protect  them  from  the  cold  or  rain;2  and 
thus  we  are  told  that  the  equites  used  to  stand  up 
at  the  entrance  of  Claudius,  and  lay  aside  their  la- 
cernae.3 

The  lacerna  was  usually,  as  already  remarked,  of 
a  dark  colour  (fusci  colores*),  and  was  frequently 
made  of  the  dark  wool  of  the  Bsetic  sheep  (Batica 
lacerna*).  It  was,  however,  sometimes  dyed  with 
the  Tyrian  purple  and  with  other  colours.6  Mar- 
tial7 speaks  of  lacernae  of  the  former  kind,  which 
cost  as  much  as  10,000  sesterces.  "When  the  em- 
peror was  expected  at  the  public  games,  it  was  the 
practice  to  wear  white  lacernae  only.8 

The  lacerna  was  sometimes  thrown  over  the 
head  for  the  purpose  of  concealment  ;9  but  a  cucullus 
or  cowl  was  generally  used  for  that  purpose,  which 
appears  to  have  been  frequently  attached  to  the  la- 
cerna, and  to  have  formed  a  part  of  the  dress.10 
(Vid.  Cucullus.) 

*LACERTA,  the*Lizard.  ( Vid.  Asc alabotes  and 
Saura.) 

LACFNLE,  the  angular  extremities  of  the  toga, 
one  of  which  was  brought  round  over  the  left  shoul- 
der. It  was  generally  tucked  into  the  girdle,  but 
sometimes  was  allowed  to  hang  down  loose.  Plau- 
tus11  indicates  that  it  occasionally  served  for  a  pock- 
et-handkerchief (At  tu  edepol  sume  laciniam  atque 
absterge  sudorem  tibi) :  Velleius  Paterculus12  repre- 
sents Scipio  Nasica  as  wrapping  the  lacinia  of  his 
toga  round  his  left  arm  for  a  shield13  before  he  rush- 
ed upon  Tiberius  Gracchus ;  while,  according  to 
Servius,14  the  cinctus  gabinus  was  formed  by  gird- 
ing the  toga  tight  round  the  body  by  one  of  its  lacin- 
j'je,  or  loose  ends.  These  expressions  are  quite  ir- 
reconcilable with  the  opinion  of  Ferrarius  and  oth- 
ers, that  the  lacinia  was  the  lower  border  or  skirt 
of  the  toga,  while  all  the  passages  adduced  by  them 
admit  of  easy  explanation  according  to  the  above 
view.  The  lacinia  was  undoubtedly  permitted  by 
some  to  sweep  the  ground,  especially  by  such  as 
wore  their  garments  loosely.  Thus  Macrobius15 
remarks  upon  one  of  Cicero's  witticisms,  "Jocatus 
in  Ccesarem  quia  ita  pracingebatur,  ut  trahendo  lacini- 
am velut  mollis  incederet,"  which  corresponds  with 
the  well-known  caution  of  Sulla  addressed  to  Pom- 
pey,  "  Cave  tibi  ilium  puerum  male  pracinctum ;"  and 
Suetonius  tells  how  the  Emperor  Caius,  being  filled 
with  jealousy  on  account  of  the  plaudits  lavished  on 
a  gladiator,  hurried  out  of  the  theatre  in  such  haste, 
"ut  calcata  lacinia  toga  praceps  per  gradus  iret." 
Moreover,  the  secondary  and  figurative  meanings 
of  the  word,  namely,  a  rag,16  a  narrow  neck  of  land,11 
the  point  of  a  leaf16  the  excrescences  which  hang  down 
from  the  neck  of  a  she-goat,19  &c,  accord  perfectly 
with  the  idea  of  the  angular  extremity  of  a  piece  of 
cloth,  but  can  scarcely  be  connected  naturally  with 
the  notion  of  a  border  or  skirt. 

The  corresponding  Greek  term  was  Kpuonedov, 
and  perhaps  Tzrepvytov  (Pollux  considers  these  sy- 

1.  (Octav.,  40.)— 2.  (Dion  Cass.,  lvii.,  13.)— 3.  (Suet.,  Claud., 
5.)— 4.  (Mart.,  i.,  97,  9.)-5.  (xiv.,  133.)— 6.  (Juv.,  i.,  27.— Mart., 
;  97.)_7.  (viii.,  10.)— 8.  (Mart.,  iv.,  2.— Id.,  xiv.,  137.)— 9. 
(Hur.,  Sat.,  II.,  vvl,  55.)— 10.  (Mart.,  xiv.,  139,  132.— Vid.  Bec- 
ker's Gallus,  ii.,  p.  95,  &c.)— 11.  (Merc,  I.,  n.,  16.)— 12.  (n., 
S.)— 13.  (Compare  Vs.1.  Max.,  III.,  ii.,  17.)— 14.  (ad  Virg.,  2En., 
vii.,  612.)— 15.  (Sat.,  ii.,  3.)— 16.  (Plin.,  H.  N.,  xix.,  7.)— 17. 
(Plin.,  H.  N.,  v.,  32.>-18.  (Plin.,  H.  N.,  xv.,  30.)-19.  (Plin., 
H  N.,  viii.,  50.) 
664 


nonymous) ;  and,  accordingly,  Plutarch1  and  Appl-  * 
an2  employ  the  former  in  narrating  the  story  oi 
Scipio  alluded  to  above,  with  this  difference,  how- 
ever,  that  they  describe  him  as  throwing  to  nodes- 
Tredov  tov  lp,ariov  over  his  head  instead  of  twisting 
it  round  his  arm. 

LACO'NICUM.  (Vid.  Baths,  pages  144,  149, 
150.) 

LACTA'RIUS.     (Vid.  Pistok.) 

*L  A  C  T II C  A  (dpidaZ);  Lettuce.  According  to 
Pliny,3  the  Greeks  made  three  species  of  tlrs  plant, 
one  with  a  broad  stem  (laticaulis),  anothei  with  a 
round  stem  (rotundicaulis),  and  the  third  termed 
Laconicon,  in  Latin  sessile.  The  stem  of  the  first 
kind  was  so  broad,  that,  as  we  are  informed  by  the 
same  authority,  who  copies  in  this  from  Theophras- 
tus,  the  gates  of  kitchen-gardens  (ostiola  olitoria) 
were  Wont  to  be  made  of  them.  No  variety  of 
lettuce,  at  the  present  day,  offers  a  stem  of  such  a 
size  as  this.  The  second  kind,  namely,  that  with  a 
round  stem,  cannot  be  cited  as  a  distinct  variety, 
since  every  species  of  lettuce  with  which  we  are 
acquainted  has  a  stem  of  this  kind.  The  third 
kind,  or  Laconicon,  obtained  its  Latin  name  sessile 
from  its  having  hardly  any  stem,  and  being,  there- 
fore, as  it  were,  seated  on  the  ground.  Billerbeck4 
makes  it  to  have  been  the  Head  Lettuce  (Kopflat- 
tuk).  Another  Greek  name  for  this  kind  is  %a\iai- 
Qq'kov.  The  ancients  also  distinguished  between 
different  kinds  of  lettuce  by  their  colour  and  times 
of  sowing.  Thus  the  kind  called  nigra  (dark  green 
Summer  Endive)  was  sown  in  January  ;  the  white, 
or  alba,  in  March ;  the  rubentes  in  April,  &c.  They 
had  also  the  Cappadocian,  the  Greek,  and  many 
other  species.  Martial  applies  to  the  Cappadocian 
Lettuce  the  epithet  of  viles.  The  ancients  were  ac- 
quainted with  the  narcotic  properties  of  the  lettuce. 
Galen5  informs  us  that  he  frequently  found  good  ef- 
fects resulting  from  its  use,  and  Dioscorides  recom 
mends  both  the  domesticated  and  the  wild  kinds 
with  the  same  view.  The  calming  effects  of  the 
juice  of  the  cultivated  lettuce  is  acknowledged  also 
by  modern  practitioners.  A  writer  quoted  by  Athe* 
naeus6  ascribes  to  the  Lettuce  anti-aphrodisiac  dual- 
ities. It  was  also  believed,  from  its  affording  but 
little  nourishment,  to  be  a  very  good  article  of  food 
for  the  sick  and  those  who  required  a  low  diet. 
We  have  given  at  the  head  of  this  article  the  Greek 
term  dpida!;,  as  corresponding  to  the  Latin  Lactuca, 
but  dpidanivi]  and  dpcddiavoc  were  also  employed. 
According  to  Nicander,  the  Lettuce,  under  the  leaves 
of  which  Adonis  was  concealed  when  he  was  slain 
by  the  boar,  was  called  by  the  inhabitants  of  Cyprus 
Brinthis. — According  to  Adams,  the  dpidat;  rjnepoc  oJ 
Dioscorides  would  seem  to  be  the  Lactuca  sativa,  oi 
Garden  Lettuce.  The  d-pidatj  dypia  is  held  by 
Sprengel  to  be  the  Lactuca  virosa.  So,  again,  with 
regard  to  the  term  dpidaKivrj,  Stackhouse  acknowl- 
edges this  also  to  be  the  Lactuca  sativa.  "  Schnei- 
der," says  Adams,  "thinks  that  the  learned  men 
who  refer  the  ■&pi8a^  and  d-piSa/civv  to  the  Lactuca, 
do  not  seem  to  have  distinguished  correctly,  the 
■dpidai;  being  rather  referable  to  the  Cichorium  endi- 
via.  I  have  been  unable,  however,  to  discover  upon 
what  ground  he  founds  this  opinion."7 

LACU'NAR.     (Vid.  House,  Roman,  p.  520.) 

♦LAD'ANUM  (Iddavov).  "  All  agree,"  remarks 
Adams,  "  that  this  is  the  product  of  the  klotoc,  that 
is,  either  of  the  Cistus  Creticus  or  C.  ladaniferus.  It 
is  a  soft  resin,  still  much  used  by  the  Grecian  ladies 
as  a  perfume,  and  is  now  procured  from  the  tree  by 
scraping  it  with  leathern  thongs.     Anciently,  it 

1.  (Gracch.,  19.)— 2.  (Bell.  Civ.,  i.,  16.)— 3.  (H.  N.,  xix.,  8.)— 
4.  (Flora  Classica,  p.  203.) — 5.  (De  Fac.  Alira.,  ii ,  40.) — 6.  (ii- 
32.)— 7.  (Ffce  ad  Plin.,  1.  c— Theophrrst.,  H.  P.,  i.,  16 ;  Tii.,  4 
— Dioscor.,  ii.,  165.) 


LAGOS  THALATTIOS. 


LAMPADEPHORIA. 


jrould  appear  that  it  was  collected  from  the  beards 
of  goats  that  browsed  upon  it.  The  Cistus  is  now 
frequently  cultivated  in  this  country  as  an  orna- 
mental shrub." 

L^ENA,  the  same  word  with  the  Greek  x^a~lva-> 
and  radically  connected  with  'kdxvn,  lana,  &c. 

1.  It  signifies,  properly,  a  woollen  cloak,  the  cloth 
of  which  was  twice  the  ordinary  thickness  (dua- 
rum  togarum  instar1),  and  therefore  termed  duplex,* 
shaggy  upon  both  sides,3  worn  over  the  pallium  or 
the  toga  for  the  sake  of  warmth.*  Hence  persons 
carried  a  laena  with  them  when  they  went  out  to 
supper  ;5  and  the  rich  man  in  Juvenal,  who  walks 
home  at  niaht  escorted  by  a  train  of  slaves  and 
lighted  on  his  way  by  flambeaux,  is  wrapped  in  a 
scarlet  laena.6 

2.  A  robe  of  state,  forming,  it  is  said,  in  ancient 
times,  part  of  the  kingly  dress.7 

3.  The  flamines  offered  sacrifice  in  a  laena  which 
was  fastened  round  the  throat  by  a  clasp,  and  in 
the  case  of  the  dialis,  was  woven  by  the  hands  of 
the  flaminica.8 

4.  In  later  times  the  laena  seems,  to  a  certain  ex- 
tent, to  have  been  worn  as  a  substitute  for  the  toga. 
Thus  the  courtly  bard  in  Perseus9  is  introduced  re- 
citing his  fashionable  lays  with  a  violet-coloured 
laena  over  his  shoulders,  and  we  gather  from  Ju- 
venal10 that  it  was  an  ordinary  article  of  dress 
among  the  poorer  classes.11 

5.  Nonius  defines  it  to  be  "  vcstimentum  militate 
ouod  supra  omnia  vestimenla  sumitur,"  but  quotes  no 
authority  except  Virgil.,  Mn.,  iv.,  262. 

♦LAGO'PUS  (layu-ovc),  a  species  of  Bird,  which 
Gesner  takes  to  be  the  White  Partridge  of  Savoy. 
"The  ancients  can  scarcely  be  supposed  to  have 
been  acquainted  with  the  Tetrao  Lagopus,  L.,  or 
Ptarmigan,  as  it  is  confined  to  the  Alpine  regions 
of  the  North.  Perhaps,  as  Dr.  Trail  suggested  to 
me,  the  name  was  applied  to  various  sorts  of  Grouse, 
which  all  have  hairy  feet."11 

*II.  A  plant,  which  Adams  suggests  may  have 
been  the  ?,ayd)-vpnc  of  Hippocrates.  The  same 
authority  fojlows  Valerius  Oordus  and  Fuchsius  in 
referring  it  to  the  Trifoliiun  arvense,  or  Field-clo- 
ver.13 

*LAGO'PYRUS  (Xayuirvpoc),  probably  Field-clo- 
ver. Dierbach,  however,  holds  the  layuizvpog  to 
*v?  the  Lagurus  ovatus. 

♦LAGOS  (/.ayuO,  the  Hare,  or  Lepus  timidus,  L. 

♦AAjTGS  9AAAT TIOS  (kayuc  daMrTioc),  a  fish 
of  the  Molluscous  order,  the  Aplysia  depilans.  Dr. 
Fleming  says  of  it,  ;'  The  Aplysia  has  been  known 
in  the  records  of  superstition  under  the  name  of  the 
Seahorse,  &c."  The  superstitions  here  referred 
to  are  those  described  by  Pliny,  as  Adams  thinks. 
The  seahorse  is  represented  by  Nicander  as  an  ac- 
rid poison,  and  by  Dioscorides  as  a  depilatory. 
These  properties,  as  Adams  remarks,  are  certainly 
not  imaginary.  The  Aplysia  is  described  by  nat- 
uralists as  having  the  head  supported  by  a  neck 
more  or  less  long  ;  two  superior  tentacula,  excava- 
ted like  the  ears  of  a  quadruped,  with  two  flattened 
ones  on  the  edge  of  the  lower  lip  ;  the  eyes  are  be- 
neath the  former ;  the  gills  are  on  the  back,  and 
consist  of  highly  complicated  lamellae,  attached  to 
a  broad  membranous  pedicle,  and  covered  by  a  small 
membranous  mantle,  in  the  thickness  of  which  is  a 
flat  and  horny  shell,  &c.14 

1.  (Varro,  Do  Ling.  Lat.,  v.,  133,  MCiller.) — 2.  (Festus,  s.  v. 
Laena.— Serv.  ad  Virg.,  jEn.,  iv.,  262.)— 3.  (Schol.  ad  Juv.,  iii., 
253.)— 4.  (Mart.,  xiv.,  136.)— 5.  (Mart.,  viii.,  59.)— 6.  (Juv.,  iii., 
283.)— 7.  (Plut.,  Num.,  7.)— 8.  (Serv.  ad  Virg.,  Mn.,  iv.,  262.— 
Cic,  Brut.,  57.)— 9.  (i.,  32.)— 10.  (v.,  130  ;  to.,  73.)— 11.  (Bec- 
ker, Gallus.ii.,  p.  99.)— 12.  (Adams,  Append.,  s.  v.)— 13.  (Dios- 
cor.,  iv.,  17. — Adams,  Append.,  s.  v.) — 14.  (Dioscor.,  M.  M.,  ii. 
— JSlian,  N  A.,ii.,45.— Flin.,  II.  N.,  ix.,48.— Adar^s,  Append., 

■*  ) 


*II.  A  fish  of  a  very  different  kind  from  the  pre- 
ceding. Schneider  supposes  it  some  species  of  the 
Diodon  or  Teiraodon.1 

♦LAMIA  (lafiia),  a  species,  of  Fish,  called  in 
English  the  White  Shark,  in  French  Requin,  and 
answering  to  the  Squalus  Carcharias,  L.,  or  Carcha- 
rias  vulgaris,  Cuvier.  It  is  the  same  with  the  kvuv 
dakuTTioc  of  iElian,  and  the  ndpxapor  kvuv  of  Ly- 
cophron.3 

LAMPADEPHORIA  (Aa{nradr](j>opia),  torch-bear- 
ing (as  Herodotus  calls  it),  or  7iafj.7ra6-n6pojj.ia,  torch- 
race  (as  some  lexicographers),  also  /\a[nra6ovxoc. 
dyuv,  and  often  simply  Xainrdq,  was  a  game  com- 
mon, no  doubt,  throughout  Greece ;  for  though  all 
we  know  concerning  it  belongs  to  Athens,  yet  we 
hear  of  it  at  Corinth,  Pergamus,  and  Zerinthus ;' 
and  a  coin  in  Mionnet,  with  a  \aimdc  on  it,  which 
is  copied  below,  bears  the  legend  'AfKfUTroXirciv. 

At  Athens  we  know  of  five  celebrations  of  this 
game :  one  to  Prometheus  at  the  Prometheia  ;*  a 
second  to  Athena  at  the  Panathenaea5  (probably  the 
greater  Panathenaea) ;  a  third  to  Hephaistos  at  the 
Hephaisteia6  (the  ceremony  at  the  Apaturia  was 
different) ;  a  fourth  to  Pan  ;7  a  fifth  to  the  Thracian 
Artemis  or  Bendis.8  The  three  former  are  of  un- 
known antiquity ;  the  fourth  was  introduced  soon 
after  the  battle  of  Marathon,  the  last  in  the  time 
of  Socrates. 

The  race  was  usually  run  on  foot,  horses  being 
first  used  in  the  time  of  Socrates  ;9  sometimes,  also, 
at  night.10  The  preparation  for  it  was  a  principal 
branch  of  the  yvfivaoiapxia,  so  much  so,  indeed,  in 
later  times,  that  7.aixTia6apxia  seems  to  have  been 
pretty  much  equivalent  to  the  yvfivaatapxia.11  The 
gymnasiarch  had  to  provide  the  ?m/j.tcu.c,  which  was 
a  candlestick  with  a  kind  of  shield  set  at  the  bottom 
of  the  socket,  so  as  to  shelter  the  flame  of  the  can- 
dle, as  is  seen  in  the  following  woodcut,  tak'"n 
from  a  coin  in  Mionnet.13  He 
had  also  to  provide  for  the 
training  of  the  runners,  which 
was  of  no  slight  consequence, 
for  the  race  was  evidently  a 
severe  one,13  with  other  ex- 
penses, which,  on  the  whole, 
were  very  heavy,  so  that  Isae- 
us1*  classes  this  office  with  the 
Xopr/yia  and  rpi-npapxta,  and  reckons  that  it  had  co» 
him  12  minae.  The  discharge  of  this  office  was 
called  yvfxvaaiapxelv  /la/47ru&,15  or  hv  rale  ?*afJTTdai 
yvpvaaLapx£ia6ai.16  The  victorious  gymnasiarch 
presented  his  lafiTTae  as  a  vot»7e  offering  (dvddn- 
/za17). 

As  to  the  manner  of  the  XaluTra6n<popla,  there  are 
some  things  difficult  to  understand.  The  case 
stands  thus.  We  have  two  accounts,  which  seem 
contradictory.  First,  it  is  represented  as  a  course, 
in  which  a  Xafiirdc  was  carried  from  one  point  to 
another  by  a  chain  of  runners,  each  of  whom  form- 
ed a  successive  link.  The  first,  after  running  a 
certain  distance,  handed  it  to  the  second,  the  sec- 
ond in  like  manner  to  the  third,  and  so  on,  till  it 
reached  the  point  proposed.  Hence  the  game  ia 
used  by  Herodotus18  as  a  comparison  whereby  to  il- 
lustrate the  Persian  dyyapniov,  by  Plato19  as  a  lively 


1.  (^Slian,  H.  A.,  xvi.,  19.— Adams,  Append.,  s.  v.)— 2.  (Aris 
tot.,  H.  A.,  v.,  5.— Plin.,  H.  N.,  ix.,  24.— ^Elian,  N.  A.,  i.,  17.— 
Adams,  Append.,  s.  v.) — 3.  (Bockh,  Polit.  Econ.  of  Athens,  ii., 
p.  219. — Miiller,  Minerv.  Polias,  p.  5.) — 4.  (Schol.  ad  Aristoph., 
Ran.,  131. — Ister,  ap.  Harpocrat.,  s.  v.)— 5.  (Herod.,  vi.,  105,  and 
11.  cc.)— 6.  (Herod.,  viii.,  9,  and  11.  cc.)— 7.  (Herod.,  vi.,  105.)— 
8.  (Plat.,  De  Rep.,  p.  328,  A.)— 9.  (Plat.,  1.  c.)— 10.  (Interp.  vet 
ad  Lucret.,  ii.,77,  ap.  Wakefield.)— 11.  (Aristot.,  Pol.,  v.,  8,  20.) 
—12.  (pi.  49,  6.)— 13.  (Compare  Aristoph.,  Vesp.,  1203  ;  Ran., 
1085.)— 14.  (De  Philoct.  bared.,  p.  62,  20.)— 15.  (Isseus,  1.  c.)— 
16.  (Xen.,De  Vectig.,iv.,52.)— 17.  (Bdckh,  Inscr.,No.243,250.) 
—18.  (viii..  98.)— 19   (Le?.,  d.  776,  B.) 

565 


LAMPADEPHORIA. 


LAPATHUM. 


.mage  of  successive  generations  of  men,  as  also  in 
the  well-known  line  of  Lucretius,1 

"  Et  quasi  cursores  vital  lampada  tradunt."2 

And  it  is  said  that  the  art  consisted  in  the  several 
runners  carrying  the  torch  unextinguished  through 
their  respective  distances,  those  who  let  it  go  out 
losing  all  share  of  honour.  Now,  if  this  were  all, 
such  explanation  might  content  us.  But,  secondly, 
we  are  plainly  told  that  it  was  an  uy6v  ;  the  runners 
are  said  dfiiXlucdat  ;3  some  are  said  to  have  won 
(vinav  XafiTrddt*) ;  the  scholiast  on  Aristoph.,  Ran.,5 
talks  of  rovg  vardrovg  rpsxovrag,  which  shows  that 
it  must  have  been  a  race  between  a  number  of  per- 
sons; the  scholiast  on  the  same  play6  speaks  of 
uQelvat  rovg  dpofciag,  roiig  rpexovrag,  which  shows 
that  a  number  must  have  started  at  once. 

This  sec,ond  account  implies  corn-petition.  But  in 
a  chain  of  runners,  each  of  whom  handed  the  torch  to 
the  next  man  successively,  where  could  the  competi- 
tion be  1  One  runner  might  be  said  to  lose — he  who 
let  the  torch  go  out ;  but  who  could  be  said  to  win  ? 

"We  offer  the  following  hypothesis  in  answer  to 
this  question.  Suppose  that  there  were  several 
chains  of  runners,  each  of  which  had  to  carry  the 
torch  the  given  distance.  Then  both  conditions 
would  be  fulfilled.  The  torch  would  be  handed 
along  each  chain,  which  would  answer  to  the  first 
condition  of  successive  delivery.  That  chain  in 
which  it  travelled  most  quickly  and  soonest  reached 
its  destination  would  be  the  winner,  which  wTould 
answer  to  the  second  condition,  its  being  a  race 
between  competitors. 

In  confirmation  of  this  hypothesis,  we  observe  as 
follows :  The  inscription  in  Bdckh,  No.  245,  con- 
sists of  the  following  lines  : 

"kafj.7cdda  vetnijaag  <jvv  k<pfj6oLc  ttjv  6'  dvtdwua 
Jhvrvx'idqg  iraig  uv  ~EvTvxidovg  'Adjuovevg. 

This  Eutychides  was  no  doubt  the  gymnasiarch 
who  won  with  the  e<pn6oi  he  had  trained,  just  as 
Andocides7  talks  of  his  vzviKnKevai  "Xainvddt  as  gym- 
nasiarch ;  so,  too,  Inscr.  No.  250  records  a  like 
victory  of  the  tribe  Cecropis.  Now  we  know  that 
the  gymnasiarchs  were  chosen  one  from  each  tribe. 
If,  then,  each  one  furnished  a  chain  of  \a}ntadi\§6poi, 
there  would  have  been  ten  (in  later  times  twelve) 
chains  of  runners.  Perhaps,  however,  the  gymna- 
siarchs were  not  all  called  on  to  perform  this  ser- 
vice, but  each  once  only  in  the  year,  which  would  al- 
low us -for  each  of  the  three  greater  celebrations  (the 
Prometheia,  Panatheneea,  and.Hephaisteia)  three 
or  four  chains  of  competitors.  It  may  be  here  ^re- 
marked, that  Inscr.  No.  244  gives  a  list  of  oi  vei- 
tcr/Gavreg  rrjv  ?M/u,rtd6a,  the  winners  in  the  torch-race, 
fourteen  in  number.  Who  were  these1?  If  the 
several  links  of  the  winning  chain,  it  is  rather 
against  analogy  that  they  should  be  named.  No 
one  ever  heard  the  names  of  a  chorus:  yet  they 
can  hardly  be  fourteen  winning  gymnasiarchs. 

The  place  of  running  was,  in  these  great  celebra- 
tions, from  the  altar  of  the  Three  Gods  (Prome- 
theus, Athena,  and  Hephaistos)  in  the  outer  Cera- 
meicus to  the  Acropolis,  a  distance  of  near  half  a 
mile.8  That  in  honour  of  Bendis  was  run  in  the 
Peirseus.9 

The  origin  of  these  games  must  be  sought,  we 
think,  in  the  worship  of  the  Titan  Prometheus. 
The  action  of  carrying  an  unextinguished  light 
from  the  Cerameicus  to  the  Acropolis  is  a  lively 
symbol  of  the  benefit  conferred  by  the  Titan  upon 
man,  when  he  bore  fire  from  .the  habitations  of  the 
gods  and  bestowed  it  upon  man. 


n?.sipag  aKajxdroLo  irvpbg  r?jXeoKonov  aiyrjv 
kv  kolTkj)  vdpdrjKi,.1 

But  the  gratitude  to  the  giver  of  fire  soon  passed  to 
the  Olympian  gods  who  presided  over  its  use ;  He- 
phaistos, who  taught  men  to  apply  it  to  the  melting' 
and  moulding  of  metal,  and  Athena,  who  carried  it 
through  the  whole  circle  of  useful  and  ornamental 
arts.  To  these  three  gods,  then,  were  these  games 
at  first  devoted,  as  the  patrons-  of  fire.  And  look- 
ing to  the  place  it  was  run  in — the  Cerameicus,  oi 
Potters'  quarter — we  are  much  inclined  to  adopt 
Welcker's  suggestion,3  viz.,  that  it  was  the  Kepa/ueig 
or  potters  who  instituted  the  Aa/LiiradnQopia.  Athe- 
na (as  we  learn  from  the  Kepa/uig)  was  their  patron 
goddess ;  and  who  more  than  they  would  have  rea- 
son to  be  thankful  for  the  gift  and  use  of  fire  1  Pot- 
tery would  be  one  of  the  first  modes  in  which  it 
would  be  made  serviceable  in  promoting  the  wants 
of  life.  In  later  times  the  same  honour  was  paid 
to  all  gods  who  were  in  any  way  connected  with 
fire,  as  to  Pan,  to  whom  a  perpetual  fire  was  kept 
up  in  his  grotto  under  the  Acropolis,  and  who  waa 
in  this  capacity  called  by  the  Greeks  Phanetes,  by 
the  Romans  Lucidus  ;  so  also  to  Artemis,  called  by 
Sophocles  'AjuQ'ncvpog,  and  worshipped  as  the  moon.3 
At  first,  however,  it  seems  to  have  been  a  symbolic 
representation  in  honour  of  the  gods  who  gave  and 
taught  men  the  use  of  material  moulding  fire  (irdv- 
rexvov  nip,  diddoKakog  rexvng,  as  iEschylus  calls  it4), 
though  this  special  signification  was  lost  sight  of  in 
later  times.  Other  writers,  in  their  anxiety  to  get 
a  common  signification  for  all  the  times  and  modes 
of  the  Xau7rad7](popia,  have  endeavoured  to  prove 
that  all  who  were  honoured  by  it  were  connected 
with  the  heavenly  bodies,  lafiirpol  dwaarai  (so  Creu- 
zer5  and  Muller6) ;  others,  that  it  always  had  an  in- 
ner signification,  alluding  to  the  inward  fire  by  which 
Prometheus  put  life  into  man  (so  Bronsted7).  Bui 
this  legend  of  Prometheus  was  a  later  interpreta- 
tion of  the  earlier  one,  as  may  be  seen  by  comparing 
Plat.  Protag.,  p.  321,  D.,  with  Hesiod,  Thcog.,  561,  so. 

LAMPAS.     (Vid.  Lampadephoria.) 

*LAMPS'ANE,  a  plant  mentioned  by  Dioscorides 
and  Galen,  and  which  most  of  the  commentators 
take  for  the  Sinapi  arvense.  Sprengel,  however, 
joins  Columna  in  preferring  Raphanv.s  raphanistrum. 
Adams  will  not  decide  between  the  two.  Both 
plants  get  the  English  name  of  Charlock.8 

LA'NCEA.     (Vid.  Hasta,  p.  489.) 

LANPSTA.     (Vid.  Gladiatores,  p.  475.) 

LANX,  dim.  LANCULA,  a  large  dish,  made  oi 
silver  or  some  other  metal,  and  sometimes  emboss- 
ed, used  at  splendid  entertainments  to  hold  meat 
or  fruit9  (vid.  Ccena,  p.  275),  and  consequently  at 
sacrifices10  and  funeral  banquets.11  (Vid.  Funus, 
page  462.)  The  silver  dishes  used  by  the  Romans 
at  their  grand  dinners  were  of  vast  size,  so  that  a 
boar,  for  example,  might  be  brought  whole  to  table.18 
They  often  weighed  from  100  to  500  pounds.13 

The  balance  (Libra  bilanx1*)  was  so  called,  be- 
cause it  had  two  metallic  dishes.15 

When  an  officer  entered  a  house  for  the  recov- 
ery of  stolen  goods,  being  nearly  naked,  he  held  a 
dish  before  his  face.  Such  a  search  was  said  to  be 
made  lance  et  licio.16     (Vid.  Furtum,  p.  463.) 

♦LAP'ATHUM  (luTtadov),  a  kind  of  Sorrel,  Monk's 
Rhubarb,  or  Dock.     The  five  species  described  by 


7.  (ii.,  77.) — 2.  (Compare  also  Auct.  ad  Herenn.,  iv.,  46.) — 3. 

(Plat.,  Rep.,  1.  c.) — 4.  (Andoc.  in  Alcib.,  ad  fin.  —  Compare 

Bfickh.  Inscr.,  No.  243,  244.)— 5.  (1.  c.)— 6.  (v.,  133.)— 7.  (1.  c.) 

-8.  (Pausan.,  i.,  30,  2.— Sohol.  ad  Ran.,  1085.;~9     Plat.,  1.  c.) 

566 


1.  (Hesiod.,  Theog.,  566,  ed.  Gaisf.)— 2.  (^Eschyl.  Trilogie,  p. 
121.) — 3.  (Creuzer,  Symbolik,  ii.,  p.  752,  764,  French  transl.)  — 
4.  (Prom.,  7,  110.)— 5.  (1.  c.)— 6.  (Minerva  Polias,  p.  5.)  — 7. 
(Voyages,  &c.,ii.,  p.  286,  note  2.)— 8.  (Dioscor.,ii.,  142. — Adams, 
Append.,  s.  v.) — 9.  (Cic.  ad  Att.,  vi.,  1. — Hor.,  Sat.,  II.,  ii.,  4. — 
Id.  ib.,  II.,  iv.,  41 —Ovid,  Pont.,  III.,  v,  20.— Petron.,  31.)  —  Id' 
(Virg.,  Georg-.,  ii.,  194,  394.—  JEa.,  viii.,  284.  — Ib.,  xii.,  215.  — 
Ovid,  Pont.,  IV.,  viii.,  40.)  —  11.  (Propert.,  II.,  xiii.,  23.)— 12. 
(Hor.,  1.  c.)— 13.  (Plin.,  H.  N.,  xxxiii.,  52.)— 14.  (Mart.  Cap.,  ii., 
180.)— 15.  (Cic,  Acad.,  iv.,  12.— Id.,  Tusc,  v.,  17.— Virg.,  iEii., 
xii.,  725.— Pers.,  iv.,  10.)— 16.  (Festus,  s.  v.— Aid.  Gell.,  xi.,  18.} 


LARENTALiA. 


LATER. 


Dioscorides  an  thus  arranged  by  Sprengel,  who  in 
this,  as  Adams  remarks,  closely  follows  Bauhin : 
1.  The  b!-v?.u7iadov  is  the  Rumrx  acutus ;  the  2d 
species  is  the  R.  palientia ;  the  3d,  the  R.  scuta- 
tus  ;  the  4th,  the  R.  acetosa ;  and  the  5th,  the  R. 
kydrolapathum,  Huds.  The  Dock  is  named  Rumcx 
by  Pliny,  and  Paratella  by  Macer.  The  Lapathum 
of  Celsus,  according  to  Adams,  is  not  well  defined, 
and  Dr.  Milligan  refers  it,  as  the  same  authority 
remarks,  to  seven  species  of  Rumex,  in  a  very  fan- 
ciful and  loose  manner.1 

LAPH'RIA  (Adopia),  an  annual  festival,  celebra- 
ted at  Patrae,  in  Achaia,  in  honour  of  Artemis,  sur- 
named  Laphria.  The  peculiar  manner  in  which  it 
was  solemnized  during  the  time  of  the  Roman  Em- 
pire is  described  by  Pausanias.3  On  the  approach 
of  the  festival,  the  Patraeans  placed  in  a  circle, 
around  the  altar  of  the  goddess,  large  pieces  of 
green  wood,  each  being  sixteen  yards  in  length  ; 
within  the  altar  they  placed  dry  wood.  They  then 
formed  an  approach  to  the  altar  in  the  shape  of 
steps,  which  were  slightly  covered  with  earth.  On 
the  first  day  of  the  festival  a  most  magnificent  pro- 
cession went  to  the  Temple  of  Artemis,  and  at  the 
end  of  it  there  followed  a  maiden  who  had  to  perform 
the  functions  of  priestess  on  the  occasion,  and  who 
rode  in  a  chariot  drawn  by  stags.  On  the  second 
day  the  goddess  was  honoured  with  numerous  sac- 
rifices, ofFered  by  the  state  as  well  as  by  private  in- 
dividuals. These  sacrifices  consisted  of  eatable 
birds,  boars,  stags,  goats,  sometimes  of  the  cubs  of 
wolves  and  bears,  and  sometimes  of  the  old  animals 
themselves.  All  these  animals  were  thrown  upon 
the  altar  alive  «t  the  moment  when  the  dry  wood 
was  set  on  fire.  Pausanias  says  that  he  often  saw 
a  bear,  or  some  other  of  the  animals,  when  seized 
by  the  flames,  leap  from  the  altar  and  escape  across 
the  barricade  of  green  wood.  Those  persons  who 
had  thrown  them  upon  the  altar  caught  the  devo- 
ted victims  again,  and  threw  them  back  into  the 
flames.  The  Patraeans  did  not  remember  that  a 
person  had  ever  been  injured  by  any  of  the  animals 
on  this  occasion. 

LAPIS  SPECULA'RIS.     (Vid.  House,  Roman, 
p.  521.) 

LA'QUEAR.  (Vid.  House,  Roman,  p.  520.) 
LAQUEATO'RES.  (Vid.  Gladiatores,  p.  476.) 
LARA'RIUM  was  a  place  in  the  inner  part  of  a 
Roman  house,  which  was  dedicated  to  the  Lares, 
and  in  which  their  images  were  kept  and  wor- 
shipped. It  seems  to  have  been  customary  for  re- 
ligious Romans  in  the  morning,  immediately  after 
they  rose,  to  perform  their  prayers  in  the  lararium. 
This  custom  is  at  least  said  to  have  been  observed  by 
the  Emperor  Alexander  Severus,3  who  had  among 
the  statues  of  his  lares  those  of  Christ,  Abraham, 
Orpheus,  and  Alexander  the  Great.  This  emperor 
had  a  second  lararium,  from  which  the  first  is  dis- 
tinguished by  the  epithet  majus,  and  the  images  of 
his  second  or  lesser  lararium  were  representations 
of  great  and  distinguished  men,  among  whom  are 
mentioned  Virgil,  Cicero,  and  Achilles.  That  these 
images  were  sometimes  of  gold,  is  stated  by  Sue- 
tonius.* We  do  not  know  whether  it  was  custom- 
ary to  have  more  than  one  lararium  in  a  house,  or 
whether  the  case  of  Alexander  Severus  is  merely 
to  be  looked  upon  as  an  exception. 

LARENTA'LIA,  sometimes  written  LARENTI- 
NA'LIA  and  LAURENT A'LIA,  was  a  Roman  fes- 
tival in  honour  of  Acca  Larentia,  the  wife  of  Faus- 
tulus,  and  the  nurse  of  Romulus  and  Remus.  It 
was  celebrated  in  December,  on  the  10th  before  the 
calends  of  January.5    The  sacrifice  in  this  festival 

1.  (Dioscor.,  ii.,  140. — Adams,  Append.,  s.  v.) — 2.  (viii.,  18,  y 
7  )-3  (I.amprid.,  Al.  Sev.,  29.  31.)— 4.  (Vitell.,  2.)— 5.  (Fcstus, 
»•  *■— Maciob.,  i„  10.— Ovid,  Fast  .  iii.,  57.) 


was  performed  in  the  Velabrum  at  the  place  which 
led  into  the  Nova  Via,  which  was  outside  of  the  old 
city,  not  far  from  the  Porta  Romanula.  At  thia 
place  Acca  was  said  to  have  been  buried.1  Thia 
festival  appears  not  to  have  been  confined  to  Acca 
Larentia,  but  to  have  been  sacred  to  all  the  Lares.' 
LARGFTIO.  (Fid.  Ambitus.) 
LARNAKES.  (Vid.  Funus,  p.  456.) 
*LARUS  (?Mpog),  a  species  of  Bird,  generally  re- 
garded as  the  Gull  or  Seamew,  the  Larus  canus,  L. 
Some  of  its  characters,  however,  as  given  by  Aris- 
totle, agree  better  with  the  L.  parasiticus  or  L. 
marinus.  "  The  poet  Lycophron  uses  the  word 
Kavrjf;  for  Xupoc.  Tzetzes  says  that  he  calls  an  old 
man  by  this  name,  because  in  old  age  the  hair  be- 
comes hoary,  like  the  leathers  of  the  Seamew."* 
*LATAX  (Aura£),  the  Otter.  (Vid.  Enhydrus.) 
LATER,  dim.  LATERCULUS  (Tr/uvdoc,  dim. 
-n?uvdic,  Tr?uv6iov),  a  Brick.  Besides  the  Greeks  and 
Romans,  other  ancient  nations  employed  brick  for 
building  to  a  great  extent,  especially  the  Babyloni- 
ans* and  Egyptians.  In  the  latter  country,  a  paint- 
ing on  the  walls  of  a  tomb  at  Thebes5  exhibits  slaves, 
in  one  part  employed  in  procuring  water,  in  mixing, 
tempering,  and  carrying  the  clay,  or  in  turning  the 
bricks  out  of  the  mould  (vid.  Forma),  and  arran- 
ging them  in  order  on  the  ground  to  be  dried  by  the 
sun,  and  in  another  part  carrying  the  dried  bricks 
by  means  of  the  yoke  (vid.  A  sill  a)  to  be  used  in 
building.  In  the  annexed  woodcut  we  see  a  man 
with  three  bricks  suspended  from  each  end  of  the 
yoke,  and  beside  him  another  who  returns  from 
having  deposited  his  load. 


These  figures  are  selected  from  the  above-men- 
tioned painting,  being,  in  fact,  original  portraits  of 
two  AiyvTTTioi  7rMvdo<p6poi,  girt  with  linen  round 
the  loins  in  exact  accordance  with  the  description 
given  of  them  by  Aristophanes,  who  at  the  same 
time  alludes  to  all  the  operations  in  the  process  of 
brick-making  (7r?uv0o7roua6),  which  are  exhibited  in 
the  Theban  painting.7 

The  Romans  distinguished  between  those  bricks 
which  were  merely  dried  by  the  sun  and  air  (later es 
crudi  ;8  iz7Sv6og  upf}9),  and  those  which  were  burned 
in  the  kiln  (cocti  or  coctiles ;  orcTai10).  They  prefened 
for  the  purpose  clay  which  was  either  whitish  or 
decidedly  red.  They  considered  spring  the  best 
time  for  brick-making,  and  kept  the  bricks  two 
years  before  they  were  used.  They  made  thera 
principally  of  three  shapes  :  the  Lydian,  which  was 
a  foot  broad,  H  feet  long ;  the  tetradoron,  which 
was  four  palms  square  ;  and  the  pentadoron,  which 
was  five  palms  square.     They  used  them  smaller 

1.  (Macrob.,  1.  c— Varro,  De  Lin?.  Lat.,  v.,  23,  24.)— 2.  (Har 
tun?,  die  Religion  derRomer,  ii.,  146.) — 3.  (Aristot.,  H.  A.,  v.,  8. 
— Schol.  in  Lycophr.,  424.— Adams,  Append.,  s.  v.) — 4.  (Herod., 
i.,  179.— Xen.,  Anab.,  iii.,  4,  v  7, 11.— Nahum,  iii.,  14.)— 5.  (Wil- 
kinson's Manners  and  Customs,  ii.,  p.  99.)— 6.  (Schol.  in  Pind., 
01.,  v.,  20.)  — 7.  (Aves,  1132-1152.— Schol.  ad  loc.)  — 8.  (Plin., 
H.  N.,  xxxv.,  48.— Varro,  De  Re  Rust.,  i.,  14.— Col.,  De  Re  Rust., 
ix..  I.)— 9.  (Paua.,  viii.,8,5.)  — 10.  (Xen.,  Anab.,  ii.,  4.  t>  12.  - 
Herod  .  1.  c  ) 

507 


LATERNA. 


LATINITAS. 


in  private  than  it.  public  edifices.  Of  this  an  exam- 
ple is  presented  in  the  great  building  at  Treves, 
called  the  palace  of  Constantine,  which  is  built  of 
"  burned  bricks,  each  of  a  square  form,  fifteen  inches 
in  diameter,  and  an  inch  and  a  quarter  thick."1 
These  bricks,  therefore,  were  the  pentadora  of  Vi- 
truvius  and  Pliny.  At  certain  places  the  bricks 
were  made  so  porous  as  to  float  in  water ;  and 
these  were  probably  used  in  the  construction  of 
arches,  in  which  their  lightness  would  be  a  great 
advantage.2  It  was  usual  to  mix  straw  with  the 
clay.3  In  building  a  brick  wall,  at  least  crudo  latere, 
i.  e.,  with  unburned  bricks,  the  interstices  were 
filled,  with  clay  or  mud  {luto%  but  the  bricks  were 
also  sometimes  cemented  with  mortar.5  For  an 
account  of  the  mode  of  arranging  the  bricks,  see 
Murus.  The  Babylonians  used  asphaltum  as  the 
cement.6  Pliny7  calls  the  brickfield  later  aria,  and 
to  make  bricks  lateres  ducere,  corresponding  to  the 
Greek  nluvdovg  eXkeiv  or  epvecv.9 

The  Greeks  considered  perpendicular  brick  walls 
more  durable  than  stone,  and  introduced  them  in 
their  greatest  public  edifices.  Brick  was  so  com- 
mon at  Rome  as  to  give  occasion  to  the  remark  of 
the  Emperor  Augustus  in  reference  to  his  improve- 
ments, that,  having  found  it  brick  (lateritiam),  he 
had  left  it  marble.9  The  Babylonian  bricks  are 
commonly  found  inscribed  with  the  characters  call- 
ed from  their  appearance  arrow-headed  or  cunei- 
form. It  is  probable  that  these  inscriptions  record- 
ed the  time  and  place  where  the  bricks  were  made. 
The  same  practice  was  enjoined  by  law  upon  the 
Roman  brickmakers.  Each  had  his  mark,  such  as 
the  figure  of  a  god,  a  plant,  or  an  animal,  encircled 
by  his  own  name,  often  with  the  name  of  the  place, 
of  the  consulate,  or  of  the  owner  of  the  kiln  or  the 
brickfield.10  It  has  been  observed  by  several  anti- 
quaries, that  these  imprints  upon  bricks  might  throw 
considerable  light  upon  the  history  and  ancient  ge- 
ography of  the  places  where  they  are  found.  Mr. 
P.  E.  Wiener  has  accordingly  traced  the  22d  legion 
through  a  great  part  of  Germany  by  the  bricks  which 
bear  its  name.11  In  Britain  many  Roman  bricks 
have  been  found  in  the  country  of  the  Silures  with 
the  inscription  LEG.  II.  AVG.  stamped  upon  them.12 

The  term  laterculus  was  applied  to  various  pro- 
ductions of  the  shape  of  bricks,  such  as  pastry  or 
confectionary  ;13  and  for  the  same  reason,  ingots  of 
gold  and  silver  are  called  lateres.1* 

LATERNA  or  LANTERNA  (iTrvof,15  XvXvovxog  ;16 
in  later  Greek,  ^avog1"1),  a  Lantern.  Two  bronze 
lanterns,  constructed  with  nicety  and  skill,  have 
been  found  in  the  ruins  of  Herculaneum  and  Pom- 
peii. One  of  them  is  represented  in  the  annexed 
woodcut.  Its  form  is  cylindrical.  At  the  bottom 
is  a  circular  plate  of  metal,  resting  on  three  balls. 
Within  is  a  bronze  lamp  attached  to  the  centre  of 
the  base,  and  provided  with  an  extinguisher,  shown 
on  the  right  hand  of  the  lantern.  The  plates  of 
translucent  horn,  forming  the  sides,  probably  had 
no  aperture  ;  but  the  hemispherical  cover  may  be 
raised  so  as  to  admit  the  hand  and  to  serve  instead 
of  a  door,  and  it  is  also  perforated  with  holes  through 
which  the  smoke  might  escape.  To  the  two  up- 
*  right  pillars  supporting  the  frame- work,  a  front  view 
of  one  of  which  is  shown  on  the  left  hand  of  the 


lantern,  c.iains  are  attached  for  carrying  the  lant^ra 
by  means  of  the  handle  at  the  top. 


I.  (Wyttonbach's  Guide  to  the  Roman  Antiquities  of  Treves, 
r.42.}— 2.  (Plin.,H.  N.,xxxvM  49.—  Vitruv.,ii.,  3.)—  3.  (Vitruv., 
1.  c  — Pallad.  De  Re  Rust.,  vi.,  12.— Exod.,  v.,  7.)— 4.  (Col.,  1. 
c.)  — 5.  (Wyttenbach,  p.  (55,  60.)—  6.  (Herod.,  1.  c.1— 7.  (vii., 
57.)— 8.  (Herod.,  i.,  178.— Id.,  ii.,  136).— 9.  (Sueton.,  Aug.,  29.) 
— 10.  (Seroux  d'Agincourt,  Rec.  de  Fragmens,  p.  82-88.)  —  11. 
(De  Leg.  Rom.  vie.  sec.  Darmstad,  1830,  p.  106-137.)— 12.  (Ar- 
^hasologia,  V.,  v.,  p.  35.)  —  13.  (Plaut.,  Poen.,  i.,  2,  112.— Cato, 
De  Re  Rust.,  109.)  — 14.  (Plin.,  II  N.,  xxxiii.,  17.)  — 15.  (Ar- 
istoph.,  Pax,  841.  —  Pherecrates,  p.  26,  ed.  Runkel.)  —  16. 
(Phrynicus,  Eclfg.,  p.  59.)  — 17.  (Athen-deus,  xv.,  58.— Philox., 
Gloss.) 

563 


We  learn  from  Martial's  epigrams1  that  bladder 
was  used  for  lanterns  as  well  as  horn.  Some  cen- 
turies later  glass  was  also  substituted.2  The  most 
transparent  horn  lanterns  were  brought  from  Car- 
thage.3 When  the  lantern  was  required  for  use,  the 
lamp  was  lighted  and  placed  within  it.4  It  was  car- 
ried by  a  slave,5  who  was  called  the  laternarius.* 
When  a  lantern  was  not  at  hand,  a  basket  (o-Kvpi- 
Slov),  as  a  cheaper  and  commoner  utensil,  was  taken 
to  hold  the  lamp.7 

Lanterns  were  much  employed  in  military  opera 
tions  ;8  and  not  only  the  common  kind,  but  the  dark 
lantern,  which  was  square,  with  a  white  skin  on  the 
side  next  to  the  bearer,  enabling  %im  to  see,  and 
with  black  skins  on  the  three  other  sides  9 

LATICLA'VII.     (Vid.  Clavus,  p.  264.) 

LATFN/E  FE'RL-E.     (Vid.  Ferine,  p.  436.) 

LATFNITAS,  LA'TIUM,  JUS  LATH  {to  w 
Xovfitvov  Aarelov10).  All  these  expressions  are  used 
to  signify  a  certain  status  intermediate  between  thai 
of  cives  and  peregrini.  The  word  "  Latinitas"  oc- 
curs in  Cicero.11  Before  the  passing  of  the  lex  Ju.iia 
de  Civitate,  the  above  expressions  denoted  a  certain 
nationality,  and,  as  part  of  it,  a  certain  legal  status 
with  reference  to  Rome  ;  but  after  the  passing  of 
that  lex,  these  expressions  denoted  only  a  certain 
status,  and  had  no  reference  to  any  national  distinc- 
tion. About  the  year  B.C.  89,  a  lex  Pompeia  gave 
the  jus  Latii  to  all  the  Transpadani,  and,  conse- 
quently, the  privilege  of  obtaining  the  Roman  civitaa 
by  having  filled  a  magistratus  in  their  own  cities. 
To  denote  the  status  of  these  Transpadani,  the  word 
Latinitas  was  used,  which,  since  the  passing  of  the 
lex  Julia,  had  lost  its  proper  signification  ;  and  this 
was  the  origin  of  that  Latinitas  which  thenceforth 
existed  to  the  time  of  Justinian.  This  new  Latini- 
tas, or  jus  Latii,  was  given  to  whole  towns  and  coun- 
tries ;  as,  for  instance,  by  Vespasian  to  the  whole 
of  Spain,12  and  to  certain  Alpine  tribes  (Latio  do- 
nati13). 

This  new  Latinitas  was  given  not  only  to  towns 
already  existing,  but  to  towns  which  were  founded 
subsequently  to  the  lex  Pompeia,  as  Latinse  Colo- 
niae  ;  for  instance,  Novum -Comum,  which  was 
founded  B.C.  59  by  Caesar.  Several  Latin  towns 
of  this  class  are  mentioned  by  Pliny,  especially  in 
Spain. 

Though  the  origin  of  this  Latinitas,  which  makes 
so  prominent  a  figure  in  the  Roman  jurists,  is  cer- 
tain, it  is  not  certain  wherein  it  differed  from  that 


1.  (xiv..  61,  62.)— 2.  (Isid.,  Orig\,  xx.,  10.)— 3.  (Plaut.,  Aul., 
III.,  vi.,  30.)— 4.  (Pherecrates,  p.  21.)  — 5.  (Plav.f..,  Amphitr. 
Prol.,  149.— Id.  ib.,  I.,  i.,  185.—  Val.  Max.,  vi-  8,  ',  1.)— 6.  (Cic. 
in  Pis.,  9.)— 7.  (Aristoph.,  Achar.,  452.)  —  S.  (Veget.,  De  Ra 
Mil.,  iv.,  18.)  — 9.  (Jul.  Africanus,  69,  ap.  Math.  Par.,  1693,  r 
311.)— 10.  (Strab.,p.  186.  Casaub.)— 11.  (ad  Att.,  r  v  ,  12.)—lt. 
(Plin.,  H.  N.,  iii.,  4.)— 13.  (Id.  ib.,  iii.,  20.) 


!>ATINITAS. 


/.AIRJNCUL. 


Latvnitas  whu  h  was  the  characteristic  of  the  Latmi 
before  the  passing  of  the  Julia  lex.  It  is,  however, 
clear  that  all  the  old  Latini  had  not  the  same  rights 
with  respect  to  Rome,  and  that  they  could  acquire 
the  civitas  on  easier  terms  than  those  by  which  the 
new  Latinitas  was  acquired.1  Accordingly,  the 
rights  of  the  old  Latini  might  be  expressed  by  the 
term  majus  Latium,  and  those  of  the  new  Latini  by 
Ihe  term  minus  Latium,  according  to  Niebuhr's  in- 
genious emendation  of  Gaius.'  The  majus  Latium 
might  he  considered  to  be  equivalent  to  the  Latium 
antiquum  and  vetus  of  Pliny  ;3  for  Pliny,  in  descri- 
bing the  towns  of  Spain,  always  describes  the  prop- 
er colonies  as  consisting  "  civium  Romanorum," 
while  he  describes  other  towns  as  consisting  some- 
times "  Latinorum"  simply,  and  sometimes  "  Lati- 
norum  veterunv'  or  as  consisting  of  oppidani  "  La- 
tii  veteris,"  from  which  an  opposition  between  La- 
tini veteres  and  Latini  simply  might  be  inferred. 
But  a  careful  examination  of  Pliny  rather  leads  to 
the  conclusion  that  his  Latini  veteres  and  Latini  are 
the  same,  and  that  by  these  terms  he  merely  desig- 
nates the  Latini  coloniarii  hereafter  mentioned. 
The  emendation  of  Niebuhr  is  therefore  not  sup- 
ported by  these  passages  of  Pliny,  and  though  in- 
genious, it  ought,  perhaps,  to  be  rejected ;  not  for  the 
reasons  assigned  by  Madvig,  which  Savigny  has  an- 
swered, but  because  it  does  not  appear  to  be  con- 
sistent with  the  whole  context  of  Gaius. 

The  new  Latini  had  not  the  connubium,  and  it 
is  a  doubtful  question  whether  the  old  Latini  had  it. 
The  new  Latini  had  the  commercium,  and  herein 
their  condition  was  the  same  as  that  of  the  twelve 
or  eighteen  old  Latin  colonies,  which  were  specially 
favoured.     (Vid.  Civitas.) 

This  new  Latinitas,  which  was  given  to  the  Trans- 
padani,  was  that  legal  status  which  the  lex  Junia 
Norbar.a  gave  to  a  numerous  class  of  freedmen, 
hence  called  Latini  Juniani.*  The  date  of  this  lex 
<s  not  ascertained. 

The  Latini  coloniarii,  who  are  mentioned  by  Ul- 
pian,*  are  the  inhabitants  of  towns  beyond  Italy,  to 
whom  the  Latinitas  was  given.  These  are  the 
towns  which  Pliny  calls  "  oppida  Latinorum  vete- 
rum"  and  enumerates  with  the  "  oppida  civium  Ro- 
manorum"* which  were  military  colonies  of  Roman 
citizens.  The  passages  in  which  the  Latini  colo- 
niarii are  mentioned  as  a  class  then  existing,  must 
have  been  written  before  Car«^dlla  gave  the  civitas 
to  the  whole  empire. 

These,  the  most  recent  views  of  Savigny  on  this 
difficult  subject,  are  contained  in  the  Zeitschrift,  vol. 
ix.,  Der  Rom.  Volksschluss  der  Tafel  von  Heraclea. 

The  Latini  could  acquire  the  jus  Quiritium,  ac- 
cording to  Ulpian,7  in  the  following  ways  :  By  the 
beneficium  principale,  liberi,  iteratio,  militia,  navis, 
ffidificium,  pistrinum  ;  and  by  a  senatus  consultum 
it  was  given  to  a  female  "vulgo  qua,  sit  ter  enixa." 
These  various  modes  of  acquiring  the  civitas  are 
treated  in  detail  by  Ulpian,  from  which,  as  well  as 
the  connexion  of  this  title  "  De  Latinis"  with  the 
first  title,  which  is  "  De  Libertis,"  it  appears  that 
he  only  treated  of  the  modes  in  which  the  civitas 
might  be  acquired  by  those  Latini  who  were  liberti. 
The  same  remark  applies  to  the  observations  of 
Gaius*  on  the  same  subject  (Quibus  modis  Latini  ad 
eivitatem  Romanam  perveniant).  In  speaking  of 
the  mode  of  acquiring  the  civitas  by  means  of  li- 
beri, Gaius  speaks  of  a  Latinus,  that  is,  a  libertus 
Latinus,  marrying  a  Roman  citizen,  or  a  Latina  co- 
loniaria,  or  a  woman  of  his  own  condition,  from  which 
it  is  clear  that  all  his  remarks  under  this  head  apply 
to  liberti  Latini ;  and  it  also  appears  that  Gaius 


speaks  of  the  Latini  coloniarii  as  a  class  existing  ia 
his  time.  Neither  Ulpian  nor  Gaius  says  anything 
on  the  mode  by  which  a  Latinus  coloniarius  might 
obtain  the  civitas  Romana. 

*LATOS  (laruq),  the  name  of  a  fish  mentioned 
by  Strabo  and  Athenaeus.  It  would  appear  to  have 
been  some  variety  of  the  nopaKivoc,  or  Umbre. 

LATRU'NCULI  (Treaaoi,  ff/Qoi.),  Draughts.  Tne 
invention  of  a  game  resembling  draughts  was  attrib- 
uted by  the  Greeks  to  Palamedes,  whom  they  hon- 
oured as  one  of  their  greatest  benefactors.  (Vid. 
Abacus,  §  7.)  The  game  is  certainly  mentioned  by 
Homer,  who  represents  the  suitors  of  Penelope  amu- 
sing themselves  with  it.1  Others  ascribed  the  in- 
vention to  the  Egyptian  Theuth  ;a  and  the  paintings 
in  Egyptian  tombs,  which  are  of  far  higher  antiquity 
than  any  Grecian  monuments,  not  unfrequently  rep- 
resent persons  employed  in  this  recreation.  The 
painting,  from  which  the  accompanying  woodcut  is 
taken,  is  on  a  papyrus  preserved  in  the  Museum  of 
Antiquities  at  Leyden,  and  was  probably  made  about 


1.  (Lw.,  xL.,  12.)  — 2.  (i.,  96.)  — 3.  (iv.,  22.)— 4.  (Gaius,  i., 
>2.— Id.,  iii.,  56. — Ulp.,  Fra?.,  tit.  i.)— 5.  (Frag.,  xix.,  s.  4.) — 6. 
(iii.,  3.)— 7.  (Frag.,  tit.  iii.,""  De  Latiais.")—  8.  (i.,  28.) 

4  G 


1700  years  B.C.  It  is  remarkable  that  a  mail  ia 
here  represented  playing  alone  ;  whereas,  not  only 
in  works  of  Egyptian  art,  but  also  on  Greek  painted 
vases,  we  commonly  observe  two  persons  playing 
together.  For  this  purpose  there  were  two  sets  of 
men,  one  set  being  black,  the  other  white  or  red. 
Being  intended  to  represent  a  miniature  combat  be- 
tween two  armies,  they  were  called  soldiers  (mili- 
tes3),  foes  (hostes),  and  marauders  (latrones,  dim.  ia- 
trunculi*') ;  also  Calculi,  because  stones  were  often 
employed  for  the  purpose.6  Sometimes  they  were 
made  of  metal  or  ivory,  glass  or  earthenware,  and 
they  were  various  and  often  fanciful  in  their  forms. 
The  object  of  each  player  was  to  get  one  of  his  ad- 
versary's men  between  two  of  his  own,  in  which 
case  he  was  entitled  to  take  the  man  kept  in  check,1 
or,  as  the  phrase  was,  alligatus.'1  Some  of  the  men 
were  obliged  to  be  moved  in  a  certain  direction  (or- 
dine),  and  were  therefore  called  ordinarii ;  others 
might  be  moved  any  way,  and  were  called  vagi ;' 
in  this  respect  the  game  resembled  chess,  which  is 
certainly  a  game  of  great  antiquity. 

Seneca  calls  the  board  on  which  the  Romans 
played  at  draughts,  tabula  latruncularia.9  The  spa 
ces  into  which  the  board  was  divided  were  called 
mandrce.10  The  abacus,  represented  at  page  10,  ia 
crossed  by  five  lines.  As  five  men  were  allowed  on 
each  side,  we  may  suppose  one  player  to  arrange 
his  five  men  on  the  lines  at  the  bottom  of  the  aba- 
cus, and  the  other  to  place  his  five  men  on  the  same 
lines  at  the  lop,  and  we  shall  have  them  disposed 
according  to  the  accounts  of  ancient  writers,11  who 

1.  (Od.,  i.,  107.)—  2.  (Plat.,  Phaedr.,  p.  274,  d.)  —  3.  (Ov< 
Trist.,  ii.,  477.)— 4.  (Ovid,  A.  A.,  ii.,  208.—  Id.  ib.,  iii.,  357.-- 
Mart.,  xiv.,  20.— Sen.,  Epist.,  107.)  — 5.  (Aul.  Gell.,  xiv.,  1.)— 
6.  (Ovid,  11.  cc.  —  Mart.,  xiv..  17.)— 7.  (Sen.,  Epist.,  118.) — 8 
(Isid.,  Orig.,  xviii.,  67.)— 9.  (Epist.,  118.)- 10.  (Mart.,  vi:  .  71.) 
— 11.  (Etymol.  Mag.,  s.  v.  llcccoi  ^Pollux.  Onom.,  ix.,  DV  — 
Eustath.  in  Horn.,  1.  c.) 

5G9 


LECTICA. 


LECTICA. 


Bay  ttoat  the  middle  line  of  the  five  was  called 
iepa  ypd^r\.  But  instead  of  five,  the  Greeks  and 
Romans  often  had  twelve  lines  on  the  board,  whence 
the  game  so  played  was  called  duodecim  scripta.1 
Indeed,  there  can  be  little  doubt  that  the  latrunculi 
were  arranged  and  played  in  a  considerable  variety 
of  wTays,  as  is  now  the  case  in  Egypt  and  other 
Oriental  countries.2 

Besides  playing  with  draughtsmen  only,  when 
Lie  game  was  altogether  one  of  skill,  the  ancients 
used  dice  (vid.  Tesserae,  kv6oc)  at  the  same  time, 
so  as  to  combine  chance  with  skill,  as  we  do  in 
backgammon.3 

LATUS  CLAVUS.     (Vid.  Clavus  Latus.) 

LAUDA'TIO  FUNEBRIS.    ( Vid.  Funus,  p.  459.) 

LAURENT A'LIA.     (Vid.  Larentalia.) 

*LAURUS,  the  Bay-tree.     (  Vid.  Daphne.) 

LAUTIA.     ( Vid.  Legatus,  p.  575.) 

LAUTU'MLE,  LAUTO'MLE,  LATO'MLE,  or 
LATU'MLE  QdQoToyLLaL  or  XaTOftiat,  Lat.  Lavicidi- 
n<z),  are  literally  places  where  stones  are  cut,  or 
quarries  ;  and  in  this  sense  the  word  "karofiiaL  was 
used  by  the  Sicilian  Greeks.4  In  particular,  how- 
ever, the  name  lautumiae  was  given  to  the  public 
prison  of  Syracuse.  It  lay  in  the  steep  and  almost 
inaccessible  part  of  the  town  which  was  called 
Epipolae,  and  had  been  built  by  Dionysius  the  ty- 
rant.5 Cicero,  who  had  undoubtedly  seen  it  himself, 
describes  it6  as  an  immense  and  magnificent  work, 
worthy  of  kings  and  tyrants.  It  was  cut  to  an  im- 
mense depth  into  the  solid  rock,  so  that  nothing 
could  be  imagined  to  be  a  safer  or  stronger  prison 
than  this,  though  it  had  no  roof,  and  thus  left  the 
prisoners  exposed  to  the  heat  of  the  sun,  the  rain, 
and  the  coldness  of  the  nights.7  The  whole  was  a 
stadium  in  length,  and  two  plethra  in  width.8  It 
was  not  only  used  as  a  prison  for  Syracusan  crimi- 
nals, but  other  Sicilian  towns  also  had  their  crimi- 
nals often  removed  to  it. 

The  Tullianum  at  Rome  was  also  sometimes 
called  lautumiae.     (Vid.  Carcer.) 

*LAVER,  a  plant  of  the  aquatic  class,  supposed 
by  some  to  be  the  Water  Parsley,  or  yellow  Water- 
presses.  It  is  the  same  with  the  Slum.  (Vid. 
Sium.) 

LECTFCA  (kKivt],  n?avidiov,  or  (j)opetov)  was  a 
kind  of  couch  or  litter,  in  which  persons,  in  a  lying 
position,  were  carried  from  one  place  to  another. 
They  may  be  divided  into  two  classes,  viz.,  those 
which  were  used  for  carrying  the  dead,  and  those 
which  served  as  conveniences  for  the  living. 

The  former  of  these  two  kinds  of  lecticae  (also 
called  lectica  funebris,  lecticula,  lectus  funebris, 
feretrum,  or  capulum),  in  which  the  dead  were  car- 
ried to  the  grave,  seems  to  have  been  used  among 
the  Greeks  and  Romans  from  very  early  times.  In 
the  beauty  and  costliness  of  their  ornaments  these 
lecticae  varied  according  to  the  rank  and  circum- 
stances of  the  deceased.  (Vid.  Funus,  p.  459.) 
The  lectica  on  which  the  body  of  Augustus  was 
tarried  to  the  grave  was  made  of  ivory  and  gold, 
and  was  covered  with  costly  drapery  worked  of  pur- 
ple and  gold.9  During  the  latter  period  of  the  Em- 
pire, public  servants  (lecticarii)  were  appointed  for 
the  purpose  of  carrying  the  dead  to  the  grave  with- 
out any  expense  to  the  family  to  whom  the  de- 
ceased belonged.10    Representations  of  lecticae  fune- 

1.  (Cic,  De  Or.,  i.,  50. — Quintil.,  xi.,  2. — Ovid,  Art.  Amat., 
iii.,  363.) — 2.  (Niebuhr,  Reisebeschr.  nach  Arabien,  i.,  p.  172.) 
3.  (Ter.,  Adelph.,IV.,  vii.,  23. — Isid.,  Orig.,  xviii.,  60.— Brunck, 
An.,  iii.,  60. — Becker,  Gallus,  ii.,  p.  228,  &c.) — 4.  (Pseudo- As- 
con.,  ad  Cic.  in  Verr.,  ii.,  1,  p.  161,  ed.  Orelli. — Compare  Diod. 
Sic,  3d.,  25.— Plaut.,  Pcen.,  IV.,  ii.,  5.— Id.,  Capt.,  III.,  v.,  65.— 
Festus,  s.  v.  LatumiiE.)  — 5.  (JElian,  V.  II.,  xii.,  44.  — Cic.  in 
Verr.,  v.,  55.)— 6.  (in  Verr.,  v.,  27.)— 7.  (Compare  Thucyd.,  vii., 
67.)— 8.  (^Elian,  1.  c.)— 9.  (Dion  Cass.,  lvi.,  34.— Compare  Di- 
onys.,  Ant.  Rom.,  iv.,  p.  270.— Corn.  Nepos,  Att.,  23,  2. — Tacit., 
Hist.,  iii.,  67.)— 10.  (Novell.,  43  an  1  59.) 
570 


bres  have  been  found  on  several  sepulchral  mooa 
ments.  The  following  woodcut  represents  one  ta- 
ken from  the  tombstone  of  M.  Antonius  Antius 
Lupus.1 


^^¥&mm 


"H 


£*- 


*M^ 


Lecticae  for  sick  persons  and  invalids  seem  like- 
wise to  have  been  in  use  in  Greece  and  at  Rome 
from  very  early  times,  and  their  construction  prob- 
ably differed  very  little  from  that  of  a  lectica  fune- 
bris.8 We  also  frequently  read  that  generals  in 
their  camps,  when  they  had  received  a  severe 
wound,  or  when  they  were  suffering  from  ill  health, 
made  use  of  a  lectica  to  be  carried  from  one  place 
to  another.3 

Down  to  the  time  of  the  Gracchi  we  do  not  hear 
that  lecticae  were  used  at  Rome  for  any  other  pur- 
poses than  those  mentioned  above.  The  Greeks, 
however,  had  been  long  familiar  with  a  different  kind 
of  lectica  (kMvij  or  <popetov),  which  was  introduced 
among  them  from  Asia,  and  which  was  more  an 
article  of  luxury  than  anything  to  supply  an  actual 
want.  It  consisted  of  a  bed  or  mattress,  and  a  pil- 
low to  support  the  head,  placed  upon  a  kind  of  bed- 
stead or  couch.  It  had  a  roof  consisting  of  the 
skin  of  an  ox,  extending  over  the  couch  and  resting 
on  four  posts.  The  sides  of  this  lectica  were  cov- 
ered with  curtains  (av^aiai).  It  appears  to  have  teen 
chiefly  used  by  women,4  and  by  men  only  when  they 
were  in  ill  health.5  If  a  man  without  any  physica. 
necessity  made  use  of  a  lectica,  he  drew  upon  him- 
self the  censure  of  his  countrymen  as  a  person  of 
effeminate  character.6  But  in  the  time  subsequent 
to  the  Macedonian  conquests  in  Asia,  lecticae  were 
not  only  more  generally  used  in  Greece,  but  were 
also  more  magnificently  adorned.7  The  persons  01 
slaves  who  carried  their  masters  or  mistresses  in  a 
lectica  were  called  (j>opea<p6pot,6  and  their  number 
was  generally  two  or  four.9  When  this  kind  of  lec- 
tica was  introduced  among  the  Romans,  it  was 
chiefly  used  in  travelling,  and  only  very  seldom  in 
the  city  of  Rome  itself.  The  first  trace  of  such 
a  lectica  is  in  a  fragment  of  a  speech  of  C.  Grac- 
chus, quoted  by  Gellius.10  From  this  passage  it 
seems  evident  that  this  article  of  luxury  was  intro- 
duced into  Italy  from  Asia,  and  that  at  the  time 
scarcely  any  other  lectica  than  the  lectica  funebris 
was  known  to  the  country  people  about  Rome.  It 
also  appears  from  this  passage  that  the  lectica  there 
spoken  of  was  covered,  otherwise  the  countryman 
could  not  have  asked  whether  they  were  carrying  a 
dead  body.11  The  resemblance  of  such  a  lectica 
used  by  the  Romans  to  that  which  the  Greeks  had 
received  from  Asia  is  manifest  from  the  words  of 
Martial:13  "  lectica  tutapelleveloque."  It  had  a  roof, 
consisting  of  a  large  piece  of  skin  or  leather  ex- 
panded over  it  and  supported  by  four  posts,  and  the 
sides  also  were  covered  with  curtains  (vela,  plagce 
or  plagulcc13).     During  the  time  of  the  Empire,  how- 

I.  (Compare  Lipsius,  Elect.,  i.,  19. — Scheffer,  De  Re  Vehic 
ulari,  ii.,  5,  p.  89. — Gruter,  Inscr.,  p.  954,  8.— Bottiger,  Sabina 
ii.,p.  200. — Agyafalva,  Wanderungen  durch  Pompeii.) — 2.  (Liv., 
ii.,36.— Aurel.  Vict.,  De  Vir.  111.,  c.  34.)— 3.  (Liv..  xxiv  ,  42.— 
Val.  Max.,  ii.,  8,  2.— Id.,  i.,  7.— Sueton.,  Octav.,  91.)— 4.  (Suid., 
s.  v.  (popuov.) — 5.  (Anacr.  ap.  Athen.,  xii.,  p.  533,  &c. — Plut., 
Pericl.,  27.  —  Lysias,  De  Vuln.  Pram.,  p.  172. — Andocid.,  De 
Myst.,  v.  30. — Plut.,  Eumen.,  14.)— 6.  (Dinarch.,  c.  Demosth  , 
p.  29.)-"  'Plut.,  Arat.,  17.)— 8.  (Diog.  Laert.,  v.,  4,  t)  73.)— 9. 
(Lucian,  Epist.  Saturn.,  28.— Id.,  Somn.  s.  Gall.,  10.— Id.,  Cyn., 
9. — Compare  Becker,  Charikles,  ii.,  p.  71,  &c.) — 10.  (x.,  So- 
il. (Compare  Cic,  Philip.,  ii.,  45. — Plut.,  Cic,  48. — Dion  Cad*., 
xlvii.,  10.)— 12.  (xi.,  98.)— 13.  (Compare  Senec,  Suas.,  i.,  <$.-* 
Suet.,  Tit.,  10.) 


LECTICA. 


l.YsC  i  ISTLRMUM. 


ever,  the  caitains  were  not  thought  a  sufficient  pro- 
tection for  a  lectica  ;  and,  consequently,  we  find 
that  lecticas,  used  by  men  as  well  as  women,  were 
closed  on  the  sides  by  windows  made  of  transparent 
stone  (lapis  specularis),  whence  Juvenal1  calls  such 
a  lectica  an  antrum  clausum  latis  specularibus.2  We 
sometimes  find  mention  of  a  lectica  aperta,3  but  we 
have  no  reason  to  suppose  that  in  this  case  it  had 
no  roof,  for  the  adjective  aperta  probably  means  no- 
thing more  than  that  the  curtains  were  removed, 
i.  «.,  either  thrown  aside  or  drawn  up.  The  whole 
lectica  was  of  an  oblong  form,  and  the  person  con- 
veyed in  it  lay  on  a  bed  (pulvinus),  and  the  head 
was  supported  by  a  pillow,  so  that  he  might  read  and 
write  in  it  with  ease.  To  what  extent  the  luxury 
of  having  a  soft  and  pleasant  bed  in  a  lectica  was 
carried,  as  early  as  the  time  of  Cicero,  may  be  seen 
from  one  of  his  orations  against  Verres.*  Feath- 
er-beds seem  to  have  been  very  common.5  The 
framework,  as  well  as  the  other  appurtenances, 
were,  with  wealthy  persons,  probably  of  the  most 
costly  description.  The  lectica,  when  standing, 
rested  on  four  feet,  generally  made  of  wood.  Per- 
sons were  carried  in  a  lectica  by  slaves  (lecticarii) 
by  means  of  poles  (asseres)  attached  to  it,  but  not 
fixed,*so  that  they  might  easily  be  taken  off  when 
necessary.6  There  can  be  no  doubt  that  the  asse- 
res rested  on  the  shoulders  of  the  lecticarii,  and  not 
on  thongs  which  passed  round  the  necks  of  these 
slaves  and  hung  down  from  their  shoulders,  as  some 
modern  writers  have  thought.7  The  act  of  taking 
the  lectica  upon  the  shoulders  was  called  succollare,* 
and  the  persons  who  were  carried  in  this  manner 
were  said  succolfari.9  From  this  passage  we  also 
learn  that  the  name  lecticarii  was  sometimes  incor- 
rectly applied  to  those  slaves  who  carried  a  person 
in  a  sella  or  sedan-chair.  The  number  of  lecticarii 
employed  in  carrying  one  lectica  varied  according  to 
its  size,  and  the  display  of  wealth  which  a  person 
might  wish  to  make.  The  ordinary  number  was 
probably  two  ;10  but  it  varied  from  two  to  eight,  and 
the  lectica  is  called  hexaphoron  or  octophoron,  ac- 
cordingly as  it  was  carried  by  six  or  eight  persons.11 
Wealthy  Romans  kept  certain  slaves  solely  as  their 
lecticarii  ;12  and  for  this  purpose  they  generally  se- 
lected the  tallest,  strongest,  and  most  handsome 
men,  and  had  them  always  well  dressed.  In  the 
time  of  Martial  it  seems  to  have  been  customary 
for  the  lecticarii  to  wear  beautiful  red  liveries.  The 
lectica  was  generally  preceded  by  a  slave  called  an- 
teambulo,  whose  office  was  to  make  room  for  it.13 

Shortly  after  the  introduction  of  these  lecticas 
among  the  Romans,  and  during  the  latter  period  of 
the  Republic,  they  appear  to  have  been  very  com- 
mon, though  they  were  chiefly  used  in  journeys,  and 
in  the  city  of  Rome  itself  only  by  ladies  and  inva- 
lids.1* But  the  love  of  this,  as  well  as  of  other  kinds 
of  luxury,  increased  so  rapidly,  that  J.  Caesar  thought 
it  necessary  to  restrain  the  use  of  lecticac,  and  to 
confine  the  privilege  of  using  them  to  certain  per- 
sons of  a  certain  age,  and  to  certain  days  of  the 
year.15 

In  the  reign  of  Claudius  we  find  that  the  privilege 
of  using  a  lectica  in  the  city  was  still  a  great  dis- 
tinction, which  was  only  granted  by  the  emperor  to 
his  especial  favourites.16  But  what  until  then  had 
been  a  privilege,  became  gradually  a  right  assumed 

1.  (iv.,  20.)— 2.  (Compare  Juv.,  iii.,  239.)— 3.  (Cic,  Phil.,ii., 
14.)— 4.  (v.,  11.)— 5.  (Juv.,  i.,  159,  &c.)— 6.  (Sueton.,  Calig., 
58.— Juv.,  vii.,  132.— Id., iii..  245.— Martial,  ix.,  23.  9.)— 7.  (Sen- 
ec,  Epist.,  80,  110.  —  Tertull.  ad  Uxor.,  i.,  4.  — Clem.  Alex., 
Paedag.,  iii.,  4.— Juv.,  iii.,  240.— Id.,  ix  ,  142.)— 8.  (Plin.,  H.  N., 
xxxv.,  10.— Sueton.,  Claud.,  10.)— 9.  (Sueton.,  Otho,  6.)— 10.  (Pe- 
Iron.,  Sat.,  56.— Juv.,  ix.,  142.)— 11.  (Juv.,  i.,  64.— Mart.,ii.,  81. 
—Id.,  vi.,  77.— Cic.  in  Verr.,  v.,  1 1  .—Id.,  ad  Quint.  Fr.,  ii.,  10.) 
—12.  (Cic.  adFam.,  iv.,12.)— 13.  (Mart.,  iii.,4fi.— Plin.,  Epist., 
iii.,  14.— Compare  Becker,  Gallus,  i.,  p.  213,  &c.)— 14.  (Dion 
Cass.,  lvii    17.)— 15.  (Sueton.,  Jul.,  43.)— 16.  (Suet.,  Claud.,  28.) 


by  all,  and  every  wealthy  Roman  kept  one  <  r  mora 
lecticae,  with  the  requisite  number  of  lecticarii. 
The  Emperor  Domitian,  however,  forbade  prosti- 
tutes  the  use  of  lecticae.1  Enterprising  individ- 
uals gradually  began  to  form  companies  (corpus  lec- 
ticariorum),  and  to  establish  public  lecticae,  which 
had  their  stands  (castra  lecticariorum)  in  the  reg;t 
Transtiberina,  and  probably  in  other  parts  also, 
where  any  one  might  take  a  lectica  on  hire.2  The 
persons  of  whom  these  companies  consisted  were 
probably  of  the  lower  orders  or  freedmen.3 

The  lecticae  of  which  we  have  hitherto  spoken 
were  all  portable,  i.  e  ,  they  were  constructed  in  such 
a  manner  that  the  asseres  might  easily  be  fastened 
to  them  whenever  it  was  necessary  to  carry  a  per- 
son in  them  from  one  place  to  another.  But  the 
name  lectica,  or,  rather,  the  diminutive  lecticula, 
was  also  sometimes  applied  to  a  kind  of  sofa,  which 
was  not  moved  out  of  the  house.  On  it  the  Ro- 
mans frequently  reclined  for  the  purpose  of  reading 
or  writing,  for  the  ancients,  when  writing,  seldom 
sat  at  a  table  as  we  do,  but  generally  reclined  on  a 
couch ;  in  this  posture  they  raised  one  knee,  and 
upon  it  they  placed  the  parchment  or  tablet  on 
which  they  wrote.  From  this  kind  of  occupation 
the  sofa  was  called  lecticula  lucubratoria,*  or,  mor«« 
commonly,  lectulus.5 

LECTICA'RII.     (Vid.  Lectica.) 

LECTISTE'RNIUM.  Sacrifices  being  of  the  u* 
ture  of  feasts,  the  Greeks  and  Romans,  on  occasion 
of  extraordinary  solemnities,  placed  images  of  the 
gods  reclining  on  couches,  with  tables  and  viands 
before  them,  as  if  they  were  really  partaking  of  the 
things  offered  in  sacrifice.  This  ceremony  was 
called  a  hctisiernium.  Three  specimens  of  the 
couches  employed  for  the  purpose  are  in  the  Glyp- 
totek  at  Munich.    The  woodcut  here  introduced  p*' 


hibits  one  of  them,  which  is  represented  with  a 
cushion  covered  by  a  cloth  hanging  in  ample  folds 
down  each  side.  This  beautiful  pulvinar6  is  wrought 
altogether  in  white  marble,  and  is  somewhat  more 
than  two  feet  in  height.  At  the  Epulum  Jovis, 
which  was  the  most  noted  lectisternium  at  Rome, 
and  which  was  celebrated  in  the  Capitol,  the  statue 
of  Jupiter  was  laid  in  a  reclining  posture  on  a  couch, 
while  those  of  Juno  and  Minerva  were  seated  on 
chairs  by  his  side  ;  and  this  distinction  was  obser- 
ved in  allusion  to  the  ancient  custom,  according  to 
which  only  men  reclined,  and  women  sat  at  table.7 
(Vid.  Coena,  p.  276.)  Nevertheless,  it  is  probable 
that  at  a  later  period  both  gods  and  goddesses  were 
represented  in  the  same  position  :  at  least  four  oi 
them,  viz.,  Jupiter  Serapis  and  Juno  or  Isis,  togeth- 
er with  Apollo  and  Diana,  are  so  exhibited  with  a 
table  before  them,  on  the  handle  of  a  Roman  /amp 
engraved  by  Bartoli.8     Livy9  gives  an  account  oi  a 

1.  (Suet.,  Domit.,  8.)— 2.  (Vict.,  De  Reg-.  Urb.  Rom.  in  Graev., 
Thesaur.,  iii.,  p.  49.  —  Martial,  iii.,  46.)  —  3.  (Compare  Gruter, 
Inscr.,  599,  11.  — Id.  ib.,  600,  1.)  — 4.  (Suet.,  Octav.,  78.)—  3 
(Plin.,  Epist.,  v.,  5.— Ovid,  Trist.,  i.,  11,  38.— Compare  Alstorp* 
De  Lecticis  Veterum  Diatriba,  Amst.,  1704.) — 6.  (Suet.,  Jul.. 
76.— Corn.  Nep.,  Timoth.,  2.)— 7.  (Val.  Max.,  ii.,  1,  $  2  (- * 
(Luc.  Ant.,  ii.,  34.)— 9.  (v.,  13.) 

5? 


jlECTUS. 


LECTUS. 


▼ery  splendid  lectisternium,  which  he  asserts  to 
have  been  the  origin  of  the  practice. 

LECTUS  (Ae^of,  Kkivrj,  evvrj),  a  Bed.  In  the  he- 
roic ages  of  Greece  beds  were  very  simple;  the 
bedsteads,  however,  are  sometimes  represented  as 
ornamented  (rprjTa  lixea}).  The  principal  parts  of 
a  bed  were  the  x^^v^  and  (yfiyea  ;a  the  former  were 
a  kind  of  thick  woollen  cloak,  sometimes  coloured, 
which  was  in  bad  weather  worn  by  men  over  their 
Xiruv,  and  was  sometimes  spread  over  a  chair  to 
render  the  seat  soft.  That  these  ^AaZVtu  served  as 
blankets  for  persons  in  their  sleep,  is  seen  from 
Odyss.j  xiv.,  488,  500,  504,  513,  529 ;  xx.,  4.  The 
bnyea,  on  the  other  hand,  were  probably  a  softer 
and  more  costly  kind  of  woollen  cloth,  and  were 
ased  chiefly  by  persons  of  high  rank.  They  were, 
like  the  x^a~ivaii  sometimes  used  to  cover  the  seat 
of  chairs  when  persons  wanted  to  sit  down.3  To 
render  this  thick  woollen  stuff  less  disagreeable,  a 
linen  cloth  was  sometimes  spread  over  it.*  It  has 
sometimes  been  supposed  that  the  (ifi-yea  were  pil- 
lows or  bolsters  ;  but  this  opinion  seems  to  be  refu- 
ted by  the  circumstance  that,  in  Odyss.,  vi.,  38,  they 
are  described  as  being  washed,  without  anything 
being  said  as  to  any  operation  which  would  have 
necessarily  preceded  the  washing  had  they  been 
pillows.  Beyond  this  supposition  respecting  the  /5??- 
■yea,  we  have  no  traces  of  pillows  or  bolsters  being 
used  in  the  Homeric  age.  The  bedstead  (Ae^of, 
XtKTpov,  6e/j,vLov)  of  persons  of  high  rank  was  cov- 
ered with  skins  (nuea),  upon  which  the  f>^yea  were 
placed,  and  over  these  linen  sheets  or  carpets  were 
spread ;  the  ^/laZVa,  lastly,  served  as  a  cover  or 
blanket  for  the  sleeper.5  Poor  persons  slept  on 
skins  or  beds  of  dry  herbs  spread  on  the  ground.6 
These  simple  beds,  to  which,  shortly  after  the  Ho- 
meric age,  a  pillow  for  the  head  was  added,  contin- 
ued to  be  used  by  the  poorer  classes  among  the 
Greeks  at  all  times.  Thus  the  bed  of  the  orator 
Lycurgus  is  said  to  have  consisted  of  one  sheep- 
skin {kuSlov)  and  a  pillow.7  But  the  complete  bed 
{ivvrj)  of  a  wealthy  Greek  in  later  times  generally 
consisted  of  the  following  parts :  Klivr],  kmrovot, 
tvXelov  or  Kv£(pa?iov,  7rpocn<e<j)d?LEiov,  and  orpufiara. 

The  kVlvti  is,  properly  speaking,  only  the  bedstead, 
and  seems  to  have  consisted  only  of  posts  fitted  into 
one  another,  and  resting  upon  four  feet.  At  the 
head  part  alone  there  was  a  board  (avdnlivrpov  or 
kmKlivrpov)  to  support  the  pillow  and  prevent  its 
falling  but.  Sometimes  the  dvuKkivrpov  is  want- 
ing.8 (Compare  the  first  woodcut  in  page  188.) 
Sometimes,  however,  the  bottom  part  of  a  bedstead 
was  likewise  protected  by  a  board,  so  that  in  this 
case  a  Greek  bedstead  resembled  a  modern  so-call- 
ed French  bedstead.  The  kXivt\  was  generally  made 
of  wood,  which  in  quality  varied  according  to  the 
means  of  the  persons  for  whose  use  it  was  destined ; 
for  in  some  cases  we  find  that  it  was  made  of  solid 
maple  or  boxwood,  or  veneered  with  a  coating  of 
these  more  expensive  woods.  At  a  later  period, 
bedsteads  were  not  only  made  of  solid  ivory  or  ve- 
neered with  tortoise-shell,  but  sometimes  had  silver 
feet.9 

The  bedstead  was  provided  with  girths  (tovoi, 
EirirovoL,  neipta),  on  which  the  bed  or  mattress  (kve- 
<jfra/W,  rvTiclov,  Kolrog,  or  Tv?i7i)  rested ;  instead  of 
these  girths,  poorer  people  used  strings.10  The  cov- 
er or  ticking  of  a  mattress  was  made  of  linen  or 
woollen  cloth,  or  of  leather,  and  the  usual  material 


1.  (II.,  iii.,  448. — Compare  Odyss.,  xxiii.,  219,  &c.)— 2.  (Odyss., 
132.,  337.)  — 3.  (Odyss.,  x.,  352.)— 4.  (Odyss.,  xiii.,  73.)  —  5. 
(Odyss.,  iv.,  296,  <fcc—  II.,  xxiv.,  643,  &c— lb.,  ix.,  660,  &c.)— 
6.  (Odyss.,  xiv.,  519.— lb.,  xx.,  139,  &c— lb.,  xi.,  188,  Ac- 
Compare  Nitzsch,  zur  Odyss.,  vol.  i.,  p.  210.)— 7.  (Plut.,  Vit. 
Dec.  Orat.  Lycurfr.,  p.  842,  C.)— 8.  (Pollux,  Onom.,  x.,  34.— Id. 
ib.,  vi.,  9.)— 9.  (Pollux,  1.  c—  .Elian,  V.  H.,  xii.,  29.— Athen., 

.,  255.)— 10.  (Aristoph.,  Av.,  814,  with  the  Schol.) 
57? 


with  which  it  was  filled  (to  t/xdaXTiofievw  nAripuftft, 
or  yvdtyakov)  was  either  wool  or  dried  weeds.  At 
the  head  part  of  the  bed,  and  supported  by  the  tni- 
aXivrpov,  lay  a  round  pillow  (npooKE^dleiov)  to  sup  ■ 
port  the  head ;  and  in  some  ancient  pictures  twa 
other  square  pillows  are  seen,  which  were  intended 
to  support  the  back.  The  covers  of  such  pillows 
are  striped  in  several  pictures  on  ancient  vases  (sea 
the  woodcut  in  page  326),  and  were  therefore  prob- 
ably of  various  colours.  They  were  undoubtedly 
filled  with  the  same  materials  as  the  beds  and  mat- 
tresses. 

The  bed-covers,  which  may  be  termed  blankets 
or  counterpanes,  were  called  by  a  variety  of  names, 
such  as  TcepiaTpufiara,  vnoarpufiaTa,  kiu6?i7]p.aTa, 
epeo~Tpidec,  ^Aa?fai,  dfityieoTpideg,  emBo&aia,  ddntie^, 
ipiTioddTridec,  tjvoTidEg,  x?va^a(Sr0li  TamjTeg,  or  ap.- 
(piTaTnjTeg.  The  common  name,  however,  was  arpu- 
fiara.  They  were  generally  made  of  cloth,  which 
was  very  thick  and  woolly  either  on  one  or  on  both 
sides.1  It  is  not  always  easy  to  distinguish  wheth- 
er the  ancients,  when  speaking  of  nllvai,  mean  beds 
in  our  sense  of  the  word,  or  the  couches  on  which 
they  lay  at  meal-times.  We  consequently  do  not 
know  whether  the  descriptive  epithets  of  nTdvai, 
enumerated  by  Pollux,  belong  to  beds  or  to  couch- 
es. But  this  matters  little,  as  there  was  scarcely 
any  difference  between  the  beds  of  the  ancients 
and  their  couches,  with  this  exception,  that  the  lat- 
ter, being  made  for  appearance  as  well  as  for  com- 
fort, were,  on  the  whole,  undoubtedly  more  splen- 
did and  costly  than  the  former.  Considering,  how- 
ever, that  bedsteads  were  often  made  of  the  most 
costly  materials,  we  may  reasonably  infer  that  the 
coverings  and  other  ornaments  of  beds  were  little 
inferior  to  those  of  couches.  Notwithstanding  the 
splendour  and  comfort  of  many  Greek  beds,  the 
Asiatics,  who  have  at  all  times  excelled  the  Euro 
peans  in  these  kinds  of  luxuries,  said  that  the  Greeks 
did  not  understand  how  to  make  a  comfortable  bed.* 
The  places  most  celebrated  for  the  manufacture  ol 
splendid  bed-covers  were  Miletus,  Corinth,  and 
Carthage.3  It  appears  that  the  Greeks,  though 
they  wore  nightgowns,  did  not  simply  cover  them- 
selves with  the  arpufxara,  but  wrapped  themselves 
up  in  them.  Less  wealthy  persons  continued,  ac- 
cording to  the  ancient  custom,  to  use  skins  of  sheep 
and  other  animals,  especially  in  winter,  as  blan- 
kets.* The  bedsteads  of  the  poorer  classes  are  des- 
ignated by  the  names  cKipnovc,  doKavTijc,  and  npdS- 
darog,  and  an  exaggerated  description  of  such  a  bed 
is  given  by  Aristophanes.5  The  words  xa\l^)vrl  an^ 
xa/ievviov,  which  originally  signified  a  bed  of  straw 
or  dry  herbs  made  on  the  ground,6  were  afterward 
applied  to  a  bed  which  was  only  near  the  ground, 
to  distinguish  it  from  the  K^lvrj,  which  was  gener 
ally  a  high  bedstead.  Xopsvvia  were  the  usual  beds 
for  slaves,  soldiers  in  the  field,  and  poor  citizens, 
and  the  mattresses  used  in  them  were  mere  mats 
made  of  rushes  or  bast.7 

The  beds  of  the  Romans  (lecti  cubiculares)  in  the 
earlier  periods  of  the  Ptepublic  were  probably  of  the 
same  description  as  those  used  in  Greece  ;  but  to- 
wards the  end  of  the  Republic  and  during  the  Em~ 
pire,  when  Asiatic  luxuries  were  imported  into  Italy,. 
the  richness  and  magnificence  of  the  beds  of  the 
wealthy  Romans  far  surpassed  everything  we  find 
described  in  Greece.  The  bedstead  was  generally 
rather  high,  so  that  persons  entered  the  bed  (scan~ 
dere,  ascendere)  by  means  of  steps  placed  beside  it 

1.  (Pollux,  Onom.,  vi.,  9.)— 2.  (Athen.,  ii.,  p.  48.— Plut.,  P*- 
]op.,  30.)— 3.  (Aristoph.,  Ran.,  410,  542,  with  the  Schol.— Id., 
Lysistr.,  732.— Cic.  in  Verr.,  i.,  34.— Athen.,  i.,  p.  27  and  28.) 
-4.  (Pollux,  Onom.,  x.,  123.— Aristoph.,  Nub.,  10.)— 5.  (Plut, 
540,  &c. — Compare  Lysistr.,  916.)— 6.  (Theocrit.,iii.,33. — Plut., 
Lycurg.,  16.)— 7.  (Pollux,  1.  c,  and  vi.,  11. — Compare  Becker, 
Charikles,  ii.,  p.  114-122.— Pollux,  x.,  7,  8  ;  vi.,  1.) 


LEGATUM. 


LEGATUM. 


yscamnum1).  It  was  sometimes  made  of  metal,  and 
sometimes  of  costly  kinds  of  wood,  or  veneered 
with  tortoise-shell  or  ivory ;  its  feet  (fulcra)  were 
frequently  of  silver  or  gold.2  The  bed  or  mattress 
(culcita  and  torus)  rested  upon  girths  or  strings  (Tes- 
tes, fascia,  instiltz,  or  funes)  which  connected  the 
two  horizontal  side-posts  of  the  bed.3  In  beds  des- 
tined for  two  persons,  the  two  sides  are  distinguish- 
ed by  different  names ;  the  side  at  which  persons 
entered  was  open,  and  bore  the  name  sponda  ;  the 
other  side,  which  was  protected  by  a  board,  was 
called  pluteus.*  The  two  sides  of  such  a  bed  are 
also  distinguished  by  the  names  torus  exterior  and 
torus  interior,  or  sponda  exterior  and  sponda  interi- 
or ;5  and  from  these  expressions  it  is  not  improba- 
ble that  such  lecti  had  two  beds  or  mattresses,  one 
for  each  person.  Mattresses  were  in  the  earlier 
times  filled  with  dry  herbs6  or  straw,7  and  such 
beds  continued  to  be  used  by  the  poor.  But  in  sub- 
sequent times,  wool,  and,  at  a  still  later  period, 
feathers,  were  used  by  the  wealthy  for  the  beds  as 
well  as  the  pillows.8  The  cloth  or  ticking  (operi- 
mentum  or  involucrum)  with  which  the  beds  or  mat- 
tresses were  covered  was  called  toral,  torale,  lin- 
teum,  or  segestre.9  The  blankets  or  counterpanes 
[vestes  stragulce,  stragula,  peristromata,  peripetasma- 
ta)  were  in  the  houses  of  wealthy  Romans  of  the 
most  costly  description,  and  generally  of  a  purple 
colour  (stragula  conchylio  tincta,  peristromata  conchyl- 
tata,  coccina  stragula),  and  embroidered  with  beau- 
tiful figures  in  gold.  Covers  of  this  sort  were  call- 
ed peripetasmata  Attalica,  because  they  were  said 
to  have  been  first  used  at  the  court  of  Attalus.10 
The  pillows  were  likewise  covered  with  magnifi- 
cent casings.  Whether  the  ancients  had  curtains 
to  their  beds  is  not  mentioned  anywhere ;  but  as 
curtains,  or,  rather,  a  kind  of  canopy  (aulcea),  were 
used  in  the  lectus  tricliniaris11  for  the  purpose  of 
preventing  the  dust  falling  upon  the  persons  lying 
on  it,  it  is  not  improbable  that  the  same  or  a  simi- 
lar contrivance  was  used  in  the  lectus  cubicularis. 
The  lectus  genialis  or  adversus  was  the  bridal  bed, 
which  stood  in  the  atrium,  opposite  the  janua, 
whence  it  derived  the  epithet  adversus.12  (Com- 
pare House,  p.  517.)  It  was  generally  high,  with 
steps  by  its  side,  and  in  later  times  beautifully 
adorned.13 

Respecting  the  lectus  funebris,  see  the  articles 
Funus  and  Lectica.  An  account  of  the  disposition 
of  the  couches  used  at  entertainments,  and  of  the 
place  which  each  guest  occupied,  is  given  under 
Triclinium.14 

LE'CUTHI  (lijKvdoL).  (Vid.  Funus,  p.  456.) 
LEGA'TIO  Ll'BERA.  (Vid.  Legatus,  p.  576.) 
LEGA'TUM,  a  Legacy,  is  variously  defined  by 
the  Roman  jurists,  but  there  can  be  no  exact  defi- 
nition except  reference  be  made  to  a  heres.  Un- 
less there  is  a  heres  duly  instituted,  no  legacy  can 
be  given.  A  legatum,  then,  is  a  part  of  the  heredi- 
tas  which  a  testator  gives  out  of  it,  from  the  heres 
(ab  herede) ;  that  is,  it  is  a  gift  to  a  person  out  of 
that  whole  (universum)  which  is  diminished  to  the 
heres  by  such  gift.     Accordingly,  the  phrase  "  ab 


1.  (Varro,  De  Ling.  Lat.,  v.,  168.— Miiller.— Ovid,  Fast.,  ii., 
JJ9,  &c.)— 2.  (Plin.,  xvi.,  43.— Mart.,  xii.,  67.— Juv.,  xi.,  94.)— 
8.  (Cic,  De  Div.,  ii.,  65.— Mart.,  v.,  62.— Petron.,  97.— Compare 
Ilorat.,  Epod.,  xii.,  12.— Cato,  De  Re  Rust.,  c.  10.)— 4.  (Isidor., 
ix.,  11,  p.  629,  ed.  Lindemann.)— 5.  (Ovid,  Am.,  lii.,  14,  32.— 
Suet.,  Jul.,  49.)— 6.  (Varro,  1.  c— Ovid,  Fast.,  i.,  200  and  205.) 
—7.  (Horat.,  Sat.,  II.,  iii.,  117.— Mart.,  xiv.,  100.— Senec,  De 
Vit.  Beat.,  c.  25.)-8.  (Plin.,  H.  N.,  viii.,  48.— Id.  ib.,  x.,  22.— 
Plaut.,  Mil.  Glor.,  IV.,  iv.,  42.— Cic,  Tusc,  iii.,  19.— Mart.,  xiv., 
161  and  159.)— 9.  (Horat.,  Sat.,  II.,  iv.,  84.— Id.,  Epist.,  I.,  v., 
"tZ11"0'  L  c-)~ 10-  (Pirn-*  H.  N.,  1.  c— Cic.  in  Verr.,  iv.,  12 
»nd  26.— Philip.,  ii.,  27.— Mart.,  ii.,  16.)— 11.  (Horat.,  Carm., 
ui.,  29,  15.— Id.,  Sat.,  ii.,  8,  54.)— 12.  (Horat.,  Epist.,  I.,  i.,  87. 
-Festus,  s.  v.)— 13.  (Gellius,  xvi.,  9.— Lucan,  ii.,  35«.— Cic, 
Pro  Cluent.,  c.  5.)— 14.  (Becker,  Gallus,  i.,  p.  42,  <fcc) 


herede  legare  thus  becomes  intelligible1  ("  ei  testa- 
mento  legal.  g~andem  pecuniam  a  filio"*).  A  legatee 
could  not  be  charged  with  the  payment  of  a  legacy 
out  of  what  was  given  to  him,  a  rule  of  law  which 
was  thus  expressed :  "  A  legatario  legari  non  po- 
test." A  legacy  could  only  be  given  in  the  Latin 
language. 

The  word  "legatum,"  from  the  verb  lego,  con- 
tains the  same  element  as  lex.  Lego  has  the  sense 
of  appointing  or  disposing  of  a  matter,  as  in  the 
phrase  "  legatum  negotium  ;"3  and  it  is  used  in  the 
Twelve  Tables  to  express  generally  a  testator's  dis- 
position of  his  property  (uti  legassit,  &c).  Ulpian 
accordingly  explains  the  word  legatum  by  referring 
to  its  etymology,  and  likening  a  legatum  to  a  lex, 
properly  so  called.  "  A  legatum,"  he  says,  "  is  that 
which  is  left  by  a  testament,  legis  modo,  that  is,  im- 
perative; for  those  things  which  are  left  precativo 
modo  are  called  fideicommissa."*  A  legatee  was 
named  legatarius ;  those  to  whom  a  thing  was  given 
jointly  (conjunctim)  were  collegatarii.  A  legacy 
which  was  legally  valid  or  good  was  legatum  utile ; 
a  void  legacy  was  inutile.  A  legacy  which  was 
given  absolutely  or  unconditionally  was  said  to  be 
given  pure ;  one  which  was  given  conditionally  was 
said  to  be  given  sub  condicione.  The  expression 
purum  legatum,  an  unconditional  legacy,  also  oc- 
curs.5 

Gaius  apologizes  for  treating  of  legata  in  that 
part  of  his  institutional  work  in  which  he  has  placed 
it.  In  the  first  ninety-six  chapters  of  his  second 
book  he  treats  of  the  acquisition  of  property  in  res 
singular,  to  which  class  legacies  belong.  But  as 
the  matter  of  legacies  is  not  intelligible  without  ref- 
erence to  the  matter  of  hereditas  or  universal  acqui- 
sition, he  places  the  law  of  legacies  (hcec  juris  ma- 
teria) immediately  after  that  of  hereditas. 

There  were  four  forms  in  which  a  legacy  could 
be  left :  per  vindicationem,  per  damnationem,  sinen- 
di  modo,  per  praeceptionem. 

A  legatum  per  vindicationem  was  given  in  these 
words :  "  Hominem  stichum  do,  lego,"  or  the  words 
might  be  with  reference  to  the  legatee,  "  Capito, 
sumito,  sibi  habeto."  A  legatum  per  vindicationem 
was  so  called  with  reference  to  the  legal  means  by 
which  the  legatee  asserted  his  right  to  the  legacy 
against  the  heres  or  any  possessor,  which  was  by  a 
vindieatio  or  an  actio  in  rem  ;  for  as  soon  as  the  he- 
reditatis  aditio  had  taken  place,  the  legatee  had  the 
quiritarian  (ex  jure  quiritium)  ownership  of  the  leg- 
acy. The  two  schools  raised  a  question  as  to  this, 
Whether,  under  such  circumstances,  the  legatee  ob- 
tained the  quiritarian  ownership  of  the  thing  before 
he  had  consented  to  take  it.  The  opinion  of  the 
Proculiani,  who  contended  for  such  consent,  was 
confirmed  by  a  constitution  of  Antoninus  Pius.  It 
was  consistent  with  the  nature  of  the  per  vindica- 
tionem, that  those  things  only  could  be  so  given  in 
which  the  testator  had  quiritarian  ownership  :  and 
it  was  also  necessary  that  he  should  have  such 
ownership  both  at  the  time  of  making  his  will  and 
at  the  time  of  his  death ;  otherwise  the  legacy  was 
void  (inutile).  But  there  was  an  exception  in  re- 
spect of  things  "  qua,  pondere,  numero,  mensura  con- 
stant," as  wine,  oil,  corn,  and  the  precious  metals  in 
the  form  of  coin  (pecunia  numerata),  in  regard  to 
which  it  was  sufficient  if  the  testator  had  the  quiri 
tarian  ownership  at  the  time  of  his  death.  This 
was  the  civil  law  (jus  civile),  but  it  was  altered  by 
a  senatus  consultum  of  the  time  of  Nero,  which 
enacted  that  if  a  testator  left  a  thing  as  a  legacy 
which  had  never  been  his,  the  legacy  should  be 
equally  good  as  if  it  had  been  left  in  Ihe  form  most 


1.  (Dig.  30,  tit.  1,  s.  116.)— 2.  (Cic.  Pro  Cluent.,  12.)— 3 
(Plaut.,  Cas.,  I.,  i.,  12.)— 1.  (Frag.,  tit.  S4.)-5.  (Dig.  36,  tit.  2, 
s.  5.) 

573 


LEGATUM 


LEGATUM. 


advantageous  to  the  legatee  (optimo  jure),  which 
form  was  the  legatum  per  damnationem.  But  if  a 
testator  gave  a  thing  of  his  own  by  his  testament 
which  he  afterward  alienated,  it  was  the  best  opinion 
that  the  legacy  was  inutile  by  the  jus  civile,  and  that 
the  senatus  consultum  did  not  make  it  good.  If  the 
same  thing  was  given  to  more  than  one  person,  either 
jointly  (conjunctim),  so  as  to  make  them  collegatarii, 
or  severally  (disjunctim),  each  took  an  equal  share. 
A  legafciim  was  given  conjunctim  thus  :  "  Titio  et  Seio 
hominem  stichum  do,  lego  ,•"  disjunctim,  thus  :  "  Titio 
hominem  stichum  do,  lego ;  Seio  eundem  hominem  do, 
lego."  If  one  collegatarius  failed  to  take,  his  por- 
tion went  to  the  others.  In  the  case  of  a  conditional 
legacy  left  per  vindicationem,  the  schools  were  di- 
vided in  opinion  :  the  Sabiniani  said  that  it  was  the 
property  of  the  heres  during  the  pendency  of  the 
condition  ;  the  Proculiani  said  that  it  was  "  res  nul- 
lius." 

The  form  of  the  per  damnationem  was  this :  "  He- 
res  meus  stichum  servum  meum  dare  damnas  esto ;" 
but  the  word  dato  was  equally  effective.  A  thing 
which  belonged  to  another  (aliena  res)  could  be  thus 
left,  and  the  heres  was  bound  to  procure  the  thing 
for  the  legatee,  or  to  pay  him  the  value  of  it.  A 
thing  not  in  existence  at  the  date  ol  the  will  might 
oe  left  by  this  form,  as  the  future  p  oduce  of  a  fe- 
male slave  (ancilla).  The  legatee  did  not  acquire 
the  quiritarian  ownership  of  the  legacy  by  virtue  of 
the  hereditatis  aditio :  the  thing  still  remained  the 
property  of  the  heres,  and  the  legatee  could  only 
sue  for  it  by  an  actio  in  personam.  If  it  was  a 
thing  mancipi,  the  legatee  could  only  acquire  the 
quiritarian  ownership  of  it  by  mancipatio  or  in  jure 
cessio  from  the  heres :  if  it  was  merely  delivered, 
the  legatarius  only  acquired  the  complete  ownership 
(plenum  jus)  by  usucapion.  If  the  same  thing  was 
left  to  two  or  more  conjunctim,  each  had  an  equal 
share ;  if  disjunctim,  the  heres  was  bound  to  give 
the  thing  to  one,  and  its  value  to  the  rest.  In  the 
case  of  a  gift  conjunctim,  the  share  of  the  legatee 
who  failed  to  take  belonged  to  the  hereditas  ;  but 
the  lex  Papia  made  it  caducum,  and  gave  it  first 
to  a  collegatarius  who  had  children,  then  to  the 
heredes  who  had  children,  and  then  to  the  other 
legatees  who  had  children  (legatarii),  a  privilege 
which  Juvenal  alludes  to  (dulce  caducum1). 

The  legatum  sinendi  modo  was  thus  given  :  "  He- 
res meus  damnas  esto  sinere  Lucium  Titium  hominem 
stichum  sumerc  sibique  habere;"  by  which  form  a 
testator  could  give  either  his  own  property  or  that 
of  his  heres.  As  in  the  case  of  a  legatum  per  dam- 
nationem, the  legatee  prosecuted  his  claim  by  an 
actio  in  personam.  It  was  doubted  whether  the 
heres  was  bound  to  transfer  the  property,  in  the  case 
of  a  res  mancipi,  by  mancipatio  or  in  jure  cessio, 
or,  in  the  case  of  a  thing  nee  mancipi,  by  traditio  or 
delivery,  for  the  words  of  the  gift  are  "  permit  him 
to  take."  It  was  also  a  still  more  doubtful  ques- 
tion (in  the  time  of  Gaius),  whether,  if  the  same 
thing  was  given  in  this  way  to  two  severally  (dis- 
junctim), the  whole  was  due  to  each,  or  if  the  heres 
was  released  from  all  farther  claim  when  either  of 
them  had  obtained  possession  of  the  whole  with  his 
permission. 

The  legatum  per  preeceptionem  was  in  this  manner : 
"  hucius  Titius  hominem  stichum  prcecipito ;"  where 
"  prfficipito"  is  the  same  as  "  praecipuum  sumito,"  or 
"  take  first."  The  Sabiniani  were  of  opinion  that  a 
legacy  could  only  thus  be  left  to  one  who  was  also 
made  a  heres ;  but  a  senatus  consultum  Neronia- 
Bum  made  the  legacy  good,  even  if  it  was  thus  left 
to  an  extraneus,  that  is,  to  another  than  the  heres, 
provided  the  legatee  was  a  person  to  whom  a  lega- 
cy could  be  left  in  any  of  the  three  other  modes. 


574 


1.  («  ,  88.) 


For  the  senatus  consultum  maae  those  legacies 
valid  which  were  not  valid  by  the  jus  civile  on  ac- 
count of  the  words  of  the  gift  (verborum  vitio),  but 
not  those  legacies  which  were  invalid  on  account 
of  the  incapacity  of  the  legatee  (vitio  persona), 
which  was  the  case  with  a  peregrinus.  The  Sa- 
biniani also  maintained  that  a  man  could  leave  in 
this  manner  only  what  was  his  own ;  for  the  only 
way  in  which  the  legatee  could  enforce  his  right 
was  by  a  judicium  familiae  erciscundae,  in  which  ju- 
dicium it  was  necessary  that  the  judex  should  ad- 
judicate that  which  was  given  per  praeceptionem, 
and  he  could  adjudicate  on  nothing  else  than  the 
res  hereditaria.  But  the  same  senatus  consultum 
made  a  legacy  valid  which  was  given  in  this  form, 
even  if  the  thing  did  not  belong  to  the  testator. 
The  Proculiani  contended  that  a  legacy  could  be 
given  to  an  extraneus  per  preeceptionem ;.  and,  far- 
ther, that  if  the  thing  was  the  testator's  ex.  jure 
quiritium,  it  could  be  sued  for  (vindicari)  by  the  leg- 
atee, whether  he  was  a  heres  or  not  (extraneus) :  if 
it  was  the  testator's  in  bonis,  it  was  a  utile  legatum 
to  the  extraneus  by  the  senatus  consultum,  and  the 
heres  could  obtain  it  in  a  judicium  familiae  erciscun- 
dae. If  it  did  not  belong  to  the  testator  in  either 
way,  still  the  legatum  was  made  utile  both  to  tisc; 
heres  and  the  extraneus  by  the  senatus  consultum. 
If  the  same  thing  was  thus  left  to  more  than  one 
either  disjunctim  or  conjunctim,  each  had  only  his 
share. 

By  the  law  of  the  Twelve  Tables,  a  man  could 
dispose  of  his  property  as  he  pleased,  and  he  might 
exhaust  (erogare)  the  whole  hereditas  by  legacies 
and  bequests  of  freedom  to  slaves,  so  as  to  leave 
the  heres  nothing.  The  consequence  was,  that  in 
«uch  cases  the  scripti  heredes  refused  to  take  the 
hereditas,  and  there  was,  of  course,  an  intestacy. 
The  first  legislative  measure  on  this  subject  waa 
the  lex  Furia,  called  Testamentaria,  which  did  not 
allow  a  testator  to  give  as  a  donatio  mortis  causa  or 
as  a  legacy  more  than  a  thousand  asses  to  one  per- 
son, certain  relatives  excepted.1  But  this  measure 
was  a  failure,  for  it  did  not  prevent  a  man  from 
giving  as  many  several  thousands  to  as  many  per- 
sons as  he  pleased,  and  so  exhausting  his  estate. 
The  lex  Voconia  (B.C.  169)  afterward  enacted  that 
no  person  should  take  by  way  of  legacy  or  donatio 
mortis  causa  more  than  the  heredes  (severally,  as  it 
seems) ;  but  this  lex  was  ineffectual ;  for,  by  dis- 
tributing the  hereditas  among  numerous  legatees, 
the  heres  might  have  so  small  a  portion  as  not  to 
make  it  worth  his  while  to  assume  the  burdetis  at- 
tached to  the  hereditas.2  The  lex  Falcidia  (B.C. 
40)  at  last  took  away  all  means  of  evasion  by  de- 
claring that  a  testator  should  not  give  more  than 
three  fourths  in  legacies,  and  thus  a  fourth  was  se- 
cured to  the  heres ;  and  "  this  law,"  says  Gaius, 
"  is  now  in  force."  The  senatus  cons^tum  Pegasi- 
anum  extended  the  same  rule  of  law  to  fideicom- 
missa  (vid.  Fideicommissa)  ;  and  the  Emperor  An- 
toninus Pius  applied  it  to  the  case  of  fideicommissa 
when  there  was  an  intestacy.5  The  lex  Falcidia 
applied  to  the  wills  of  persons  who  died  in  captivity 
(apud  hostes),  for  a  previous  lex  Cornelia  had  given 
to  the  wills  of  such  persons  the  same  force  a&  if 
they  had  died  cives  (in  civitate*). 

Legata  were  inutilia  or  void  if  they  were  given 
before  a  heres  was  instituted  by  the  will,  for  the 
will  derived  all  its  legal  efficacy  from  such  institu 
tion ;  there  was  the  same  rule  as  to  a  gift  of  free- 
dom. It  was  an  inutile  legatum,  if  in  form  the 
gift  was  given  after  the  death  of  tb  3  heres,  but  it 
might  be  given  on  the  event  of  hip  death ;  it  waa 

1.  (Gaius,  iii.,  225.— TJlp.,  Frag.,  i.,  s.  2;  xxviii.,  s.  7.)—  2. 
rGaius,  ii.,  26.— Cic.  in  Verr.,  lib.  i.,  c.  43.)— 3.  (Dg  35,  tit.  2, 
■•  18.)— 4.  (Dig.  35,  tit.  2,  s.  1.) 


LEGATUM. 


LEGATUS. 


aha  inutile  if  given  in  form  on  the  day  before  the 
death  of  the  testator,  for  which  rule  of  law,  says 
Gains,  there  seems  to  be  no  good  reason  (prctiosa 
'atio).  A  legatum  could  not  be  left  in  the  way  of 
a  penalty  (pxncB  nomine),  that  is,  for  the  purpose 
of  compelling  the  heres  to  do,  or  restraining  him 
from  doing,  any  particular  act.  A  legacy  could  not 
be  left  to  an  uncertain  person  (incerta  persona). 
The  notion  of  an  uncertain  person  was  not  of  a 
person  who  could  never  be  ascertained  ;  for  in  sev- 
eral of  the  instances  mentioned  by  Gaius,  the  person 
or  persons  would  be  easily  ascertained  (for  instance, 
"  qui  post  testamentum  consules  designati  erunt") ; 
but  the  i:otion  of  the  uncertainty  was  referred  to 
the  mind  of  the  testator  at  the  time  of  making  his 
testament.  Accordingly,  the  persona  was  not  con- 
sidered incerta  where  he  was  one  of  a  certain  class, 
such  as  cognati,  though  the  individual  of  the  class 
might  be  uncertain  till  the  event  happened  which 
was  to  determine  who  out  of  the  class  was  intended 
by  the  testator.  Such  a  form  of  bequest  was  called 
a  certa  demonstratio  incertae  persona?.1  A  legacy 
could  not  be  left  to  a  postumus  alienus,  nor  could 
such  a  person  be  a  heres  institutus,  for  he  was  an 
incerta  persona.  It  has  been  explained  elsewhere 
who  is  a  postumus  (vid.  Heres,  p.  500) :  a  postu- 
mus alienus  is  one  who,  when  born,  cannot  be 
among  the  sui  heredes  of  the  testator. 

It  was  a  question  whether  a  legacy  could  be  le- 
gally (recte)  left  to  a  person  who  was  in  the  power 
of  another  person  who  was  made  heres  by  the  same 
will.  The  Proculiani  denied  that  such  a  legacy 
could  be  left  either  pure  or  sub  condicione.  But  if 
a  person  who  was  in  the  power  of  another  was 
made  heres,  a  legacy  might  be  left  (ab  co  legari)  to 
the  person  in  whose  power  he  was  ;  for  if  such  lat: 
ter  pel  son  became  heres  thereby  {per  eum),  the  leg- 
acy was  extinguished,  because  a  man  cannot  owe 
a  thing  to  himself;  but  if  the  son  was  emancipated, 
or  the  slave  was  manumitted  or  transferred  to  an- 
other, and  so  the  son  became  heres,  or  so  the  slave 
made  another  person  heres,  the  legacy  was  due  to 
the  father  or  former  master.  Not  only  res  singulae 
could  be  given  as  a  legacy,  but  also  a  part  of  a  uni- 
versitas  of  things  (universarum  rerum)  could  be  so 
»iven  ;  thus  the  heres  might  be  directed  to  share  a 
half  or  any  other  part  of,  the  hereditas  with  another, 
which  was  called  partitio.8  By  the  jus  civile  there 
might  be  a  legacy  of  a  ususfructus  of  those  things 
which  were  capable  of  being  used  and  enjoyed  with- 
out detriment  to  the  things.  By  a  senatus  consul- 
turn  there  might  be  a  legacy  of  the  abusus  of  those 
things  which  were  consumed  in  the  use,  as  wine, 
oil,  wheat,  but  the  legatarius  had  to  give  security 
for  the  restoration  of  them  when  his  right  to  the 
enjoyment  ceased.  This  technical  meaning  of  abu- 
sus, that  is,  the  use  of  things  w7hich  are  consumed 
in  the  use,  is  contrasted  with  ususfructus  by  Cicero.3 

A  legacy  might  be  transferred  to  another  person, 
or  taken  away  (adimi)  by  another  will  or  codicilli 
confirmed  by  a  will ;  it  might  also  be  taken  away  by 
erasure  of  the  gift  from  the  will.  Such  a  revocation 
of  legacies  (ademptio  legatorum)  seems  to  have  been 
only  effected  in  the  way  mentioned.  The  expres- 
sion ademption  of  legacies  in  English  law  has  a 
different  meaning,  and  in  the  case  of  a  specific  thing 
corresponds  to  the  Roman  extinction  of  legacies, 
which  took  place  if  the  testator  disposed  of  the 
thing  in  his  lifetime. 

If  a  legatee  died  after  the  day  on  which  the  lega- 
tum had  become  his  (post  diem  legati  cedcntem),  it 
passed  to  his  heres  ;  or,  to  use  a  phrase  of  English 
law,  the  legacy  was  vested.     The  phrase  "dies  le- 

1.  (Gaius,  ii.,  238.)— 2.  (Cic,  Leg-.,  ii.,  20  ;  Pro  Caecin.,  4.— 
Ulp.,  Fvag.,  tit.  24,  s.  25.)— 3.  (Top.,  3.— Ueber  das  alter  des 
*uasi-us  isfi  ictus,  von  Puchta.  Rheinisches  Mus  .  1829.) 


gati  cedit"  accordingly  means  "  the  time  is  come  at 
which  the  legacy  belongs  to  the  legatee,"  though 
the  time  may  not  have  come  when  he  is  entitled  to 
receive  it;  and  "dies  venit^  denotes  the  arrival  of 
the  day  on  which  it  can  be  demanded.1  If  the  leg- 
acy was  left  conditionally,  there  was  no  vesting  till 
the  condition  was  fulfilled.  By  the  old  law,  legacies 
which  were  left  unconditionally,  or  fiom  a  time 
.named  (in  diem  certum),  were  vested  from  the  time 
of  the  testator's  death  ;  but  by  the  lex  Papia  they 
vested  from  the  time  of  opening  the  will.  The  leg- 
acy might  vest  immediately  on  the  death  of  the 
testator,  and  yet  the  testator  might  defer  the  time 
of  payment.2  A  legacy  might  also  be  left  on  a  con- 
dition of  time  only,  as  a  legacy  to  Titius  when  or  if 
he  should  attain  the  age  of  fourteen  years,  in  which 
case  the  words  when  and  if  were  considered  equiv 
alent,  a  decision  which  has  been  adopted  in  English 
law,  in  cases  in  which  there  is  nothing  in  the  will 
which  gives  the  words  "when"  or  "if"  a  different 
signification.3 

LEGA'TUS.  Legati  may  be  divided  into  three 
classes :  1.  Legati  or  ambassadors  sent  to  Rome  by 
foreign  nations ;  2.  Legati  or  ambassadors  sent 
from  Rome  to  foreign  nations  and  into  the  provin- 
ces ;  3.  Legati  who  accompanied  the  Roman  gen- 
erals into  the  field,  or  the  proconsuls  and  praetors 
into  the  provinces. 

1.  Foreign  legati  at  Rome,  from  whatever  coun- 
try they  came,  had  to  go  to  the  Temple  of  Saturn 
and  deposite  their  names  with  the  quaestors,  which 
Plutarch4  explains  as  a  remnant  of  an  ancient  cus- 
tom ;  for  formerly,  says  he,  the  quaestors  sent  pres- 
ents to  all  legati,  which  were  called  lautia ;  and  if 
any  ambassador  was  taken  ill  at  Rome,  he  was  in 
the  care  of  the  quaestors,  who,  if  he  died,  had  also 
to  pay  the  expenses  of  his  burial  from  the  public 
treasury.  When,  afterward,  the  number  of  foreign 
ambassadors  increased,  in  proportion  as  the  Repub 
lie  became  extended,  the  former  hospitable  custom 
was  reduced  to  the  mere  formality  of  depositing  the 
name  with  the  keepers  of  the  public  treasury.  Pre- 
vious to  their  admission  into  the  city,  foreign  am- 
bassadors seem  to  have  been  obliged  to  give  notice 
from  what  nation  they  came  and  for  what  purpose ; 
for  several  instances  are  mentioned  in  which  am- 
bassadors were  prohibited  from  entering  the  city, 
especially  in  case  of  a  war  between  Rome  and  the 
state  from  which  they  came.5  In  such  cases  the 
ambassadors  were  either  not  heard  at  all,  and 
obliged  to  quit  Italy,6  or  an  audience  was  given  to 
them  by  the  senate  (senatus  legatis  datur)  outside 
the  city,  in  the  Temple  of  Bellona.7  This  was  evi- 
dently a  sign  of  mistrust,  but  the  ambassadors  were 
nevertheless  treated  as  public  guests,  and  some 
public  villa  outside  the  city  was  sometimes  assigned 
for  their  reception.  In  other  cases,  however,  as 
soon  as  the  report  of  the  landing  of  foreign  ambas- 
sadors on  the  coast  of  Italy  was  brought  to  Rome, 
especially  if  they  were  persons  of  great  distinction, 
as  the  son  of  Masinissa,8  or  if  they  came  from  an 
ally  of  the  Roman  people,  some  one  of  the  inferior 
magistrates,  or  a  legatus  of  a  consul,  was  despatched 
by  the  senate  to  receive  and  conduct  them  to  the 
city  at  the  expense  of  the  Republic.  When  they 
were  introduced  into  the  senate  by  the  praetor  or 
consul,  they  first  explained  what  thsy  had  to  com 
municate,  and  then  the  proctor  invited  the  senators 
to  put  their  questions  to  the  ambassadors.9  The 
manner  in  which  this  questioning  was  frequently 


1.  (Dig-.  50,  tit.  16,  s.  213.)— 2.  (Dig.  36,  tit.  3,  s.  21.)— 3 
(Dig.  36,  tit.  2,  s.  5,  22.— Hanson  v.  Graham,  6  Ves.,  p.  243.- 
Compare  Gaius,  191-245.— Ulp.,  Frag.,  tit.  xxiv.— Dig.  30,  &c. 
— Paulus.  S.  R.,  iii.,  tit.  6.) — 4.  (Quoest.  Rom.,  p.  275,  B.)— 5 
(Liv.,  xxx.,  21.— Id.,  xlii.,  36.-Id.,  xlv.,  22.)— 6.  (Liv.,  xlii., 
36.)— 7.  (Liv.,  1.  c— Id.,  xxx.,  21.)— 8.  (Liv.,  xlv.,  13  )  —  9 
(Liv.,  xxx.,  22.) 

57.1 


1_GATU3. 


LEGUMEN. 


jarried  on,  especially  when  the  envoys  came  from 
a  state  with  which  the  Romans  were  at  war,  re- 
sembled more  the  cross-questioning  of  a  witness  in 
a  court  of  justice,  than  an  inquiry  made  with  a  view 
to  gain  a  clear  understanding  of  what  was  proposed.1 
The  whole  transaction  was  carried  on  by  interpret- 
ers, and  in  the  Latin  language  (Vid.  Interpres.) 
Valerius  Maximus2  states  that  the  Greek  rhetorician 
Molo,  a  teacher  of  Cicero,  was  the  first  foreigner 
who  ever  addressed  the  Roman  senate  in  his  own 
tongue.  After  the  ambassadors  had  thus  been  ex- 
amined, they  were  requested  to  leave  the  assembly 
of  the  senate,  who  now  began  to  discuss  the  sub- 
ject brought  before  them.  The  result  was  commu- 
nicated to  the  ambassadors  by  the  praetor.3  In 
some  cases,  ambassadors  not  only  received  rich 
presents  on  their  departure,  but  were,  at  the  com- 
mand of  the  senate,  conducted  by  a  magistrate,  and 
at  the  public  expense,  to  the  frontier  of  Italy,  and 
even  farther.*  By  the  lex  Gabinia  it  was  decreed, 
that  from  the  first  of  February  to  the  first  of  March, 
the  senate  should  every  day  give  audience  to  foreign 
ambassadors.5  There  was  at  Rome,  as  Varro6  ex- 
presses it,  a  place  on  the  right-hand  side  of  the 
senate-house  called  Graecostasis,  in  which  foreign 
ambassadors  waited. 

All  ambassadors,  Avhencesoever  they  came,  were 
considered  by  the  Romans  throughout  the  whole 
period  of  their  existence  as  sacred  and  inviolable.7 

2.  Legati  to  foreign  nations  in  the  name  of  the 
Roman  Republic  were  always  sent  by  the  senate  ;* 
arid  to  be  appointed  to  such  a  mission  was  consid- 
ered a  great  honour,  which  was  conferred  only  on 
men  of  high  rank  or  eminence ;  for  a  Roman  am- 
bassador, according  to  Dionysius,  had  the  powers 
(k^ovaia  nal  divans)  of  a  magistrate  and  the  vener- 
able character  or"  a  priest.  If  a  Roman,  during  the 
performance  of  his  mission  as  ambassador,  died  or 
was  killed,  his  memory  was  honoured  by  the  Re- 
public with  a  public  sepulchre  and  a  statue  in  the 
Rostra.9  The  expenses  during  the  journey  of  an 
ambassador  were,  of  course,  paid  by  the  Republic  ; 
and  when  he  travelled  through  a  province,  the 
provincials  had  to  supply  him  with  everything  he 
wanted. 

3.  The  third  class  of  legati,  to  whom  the  name 
of  ambassadors  cannot  be  applied,  were  persons 
who  accompanied  the  Roman  generals  on  their  ex- 
peditions, and  in  later  times  the  governors  of  prov- 
inces also.  Legati,  as  serving  under  the  consuls  in 
the  Roman  armies,  are  mentioned  along  with  the 
tribunes  at  a  very  early  period.10  These  legati  were 
nominated  (legabantur)  by  the  consul  or  the  dictator 
under  whom  they  served,11  but  the  sanction  of  the 
senate  (senatus  consultum)  was  an  essential  point, 
without  which  no  one  could  be  legally  considered  a 
legatus  ;la  and  from  Livy13  it  appears  that  the  nomi- 
nation by  the  magistrates  (consul,  prastor,  or  dicta- 
tor) did  not  take  place  until  they  had  been  authorized 
by  a  decree  of  the  senate.  The  persons  appointed 
to  this  office  were  usually  men  of  great  military 
talents,  and  it  was  their  duty  to  advise  and  assist 
iheir  superior  in  all  his  undertakings,  and  to  act  in 
his  stead  both  in  civil  and  military  affairs.14  The 
legati  were  thus  always  men  in  whom  the  consul 
placed  great  confidence,  and  were  frequently  his 
friends  or  relatives  ;  but  they  had  no  power  inde- 

1.  (Liv.,  1.  c,  with  tho  note  of  Gronovius.) — 2.  (ii.,  2,  I)  3.) — 
3.  (Liv.,  viii.,  1.)— 4.  (Liv.,  xlv.,  14.)— 5.  (Cic.  ad  Quint.  Fr., 
ji.,  11,  12. — Id.,  ad  Fam.,  i.,  4.) — 6.  (De  Ling.  Lat.,  v.,  155, 
Muller.) — 7.  (Cic.  in  Verr.,  i.,  33. — Dionys.  Hal.,  Ant.  Rom., 
xi.,  p.  706.— Tacit.,  Ann.,  i.,  42.— Liv.,  xxi.,  10.— Dig.  50,  tit.  7, 
».  17.)— 8.  (Cic.  in  Vatin.,  15.)— 9.  (Liv.,  iv.,  17.— Cic,  Philip., 
ix.,  1.)— 10.  (Liv.,  ii.,  59.— Id.,  iv.,  17.)— 11.  (Sallust,  Jug.,  28. 
—Cic.  ad  Att.,  xv.,  11. — Id.,  ad  Fam.,  vi.,  6.— Id.,  Pro  Leg.  Ma- 
nil.,  19.)— 12.  (Cic.  in  Vatin.,  1.  c— Id.,  Pro  Sext.,  14.)— 13. 
fxlii:..  1.— Compare  xliv.,  18.)— 14.  (Varro,  De  Ling.  Lat.,  v., 
«7.  Muller.) 

576 


pendent  of  the  command  of  their  general.1  Thei? 
number  varied  according  to  the  greatness  or  impor- 
tance of  the  war,  or  the  extent  of  the  province ; 
three  is  the  smallest  number  we  know  of,  but  Pom- 
pey,  when  in  Asia,  had  fifteen  legati.  "Whenever 
the  consuls  were  absent  from  the  army,  or  when  a 
proconsul  left  his  province,  the  legati,  or  one  of  them, 
took  his  place,  and  then  had  the  insignia  as  well  an 
the  power  of  his  superior.  He  was  in  this  case 
called  legatus  pro  praetore,8  and  hence  we  sometimes 
read  that  a  man  governed  a  province  as  legatus 
without  any  mention  being  made  of  the  proconsul 
whose  vicegerent  he  was.3  During  the  latter  pe- 
riod of  the  Republic,  it  sometimes  happened  that  a 
consul  carried  on  a  war,  or  a  proconsul  governed 
his  province  through  his  legati,  while  he  himself 
remained  at  Rome,  or  conducted  some  other  more 
urgent  affairs. 

When  the  provinces  were  divided  at  the  time  of 
the  Empire  (vid.  Provincia),  those  of  the  Roman 
people  were  governed  by  men  who  had  either  been 
consuls  or  praetors,  and  the  former  were  always  ac- 
companied by  three  legati,  the  latter  by  one.4  The 
provinces  of  the  emperor,  who  was  himself  the  pro- 
consul, were  governed  by  persons  whom  the  em- 
peror himself  appointed,  and  who  had  been  consuls 
or  praetors,  or  were  at  least  senators.  These  vice- 
gerents of  the  emperor  were  called  legati  augusii 
pro  prcetore,  legati  pratorii,  legati  consular es,  of  sim- 
ply legati,  and  they,  like  the  governors  of  the  pro- 
vinciae  populi  Romani,  had  one  or  three  legati  as 
their  assistants.* 

During  the  latter  period  of  the  Republic,  it  had 
become  customary  for  senators  to  obtain  from  the 
senate  the  permission  to  travel  through  or  stay  in 
any  province   at  the  expense  of  the  provincia]?. 
merely  for  the  purpose  of  managing  and  conducts  \\ 
their  own  personal  affairs.     There  was  no  restraint 
as  to  the  length  of  time  the  senators  were  allowed 
to  avail  themselves  of  th;s  privilege,  which  was  a 
heavy  burden  upon  the  pnjvineials.     This  mode  of 
sojourning  in  a  province  was  called  legatio  libera, 
because  those  who  availed  themselves  of  it  enjoyed 
all  the  privileges  of  a  public  legatus  or  ambassador, 
without  having  any  of  his  duties  to  perform.     At 
the  time  of  Cicero,  the  privilege  of  legatio  libera 
was  abused  to  a  very  great  extent.     Cicero,  there- 
fore, in  his  consulship,  endeavoured  to  put  an  end 
to  it,  but,  owing  to  the  opposition  of  a  tribune,  he 
only  succeeded  in  limiting  the  time  of  its  duration 
to  one  year.6    Julius  Caesar  afterward  extended  the 
time  during  which  a  senator  might  avail  himself  of 
legatio  libera  to  five  years,7  and  this  law  of  Caesar 
(lex  Julia)  seems  to  have  remained  in  force  down 
to  a  very  late  period.8 
LEGES.     (Vid.  Lex.) 
LEGIO.     (Vid.  Army,  Roman.) 
LEGIS  ACTIO.     (Vid.  Actio,  p.  16.) 
LEGIS  AQULLLE  ACTIO.     (Vid.  Damni  Inju- 
ria Actio.) 
LEGFTIMA  ACTIO.     (Vid.  Actio,  p.  16.) 
LEGI'TIMA  HERE'DITAS.     (Vid.  Heres,  Ro 
man,  p.  497,  499.) 

*LEGU'MEN,  a  general  name  among  the  Romans 
for  Pulse,  of  which  beans  were  esteemed  the  prin- 
cipal sort.  The  term  is  derived  from  lego,  "  to 
gather,"  because  pulse  are  gathered  by  hand,  and 
not  reaped.9 

1.  (C_;s.,  De  Bell.  Civ.,  ii.,  17. — Id.  ib.,  iii.,  51. — Appian, 
Bell.  Civ.,i.,  38.)— 2.  (Liv.,  xxix.,  9.— Lydus,  De  Mag.,  iii.,  3. 
— Cjbs.,  De  Bell.  Gall.,  i.,  21.)— 3.  (Sallust,  Cat.,  42.)— 4.  (Dion 
Cass.,  liii.,  13.— Dig.  1,  tit.  16.)— 5.  (Strabo,  iii.,  p.  352.— Com 
pare  Dig.  1,  tit.  18,  s.  7.— Tacit.,  Ann.,  xii.,  59.— Id,,  Agric,  c. 
7. — Spanheim,  De  Usu  et  Prastant.  Numism.,  ii.,  p.  595.)— 6 
(Cic,  De  Leg.,  iii.,  8.— Id.,  De  Leg.  Agr.,  i.,  3.— Id.,  Pro  Flacc. 
34.— Id.,  Philip.,  i.,  2.)— 7.  (Cic.  ad  Att.,  xv.,  11.)— 8.  (Suet, 
Tib.,  31.— Dig.  50,  tit.  7.  t.  14.)— 9.  (Martyn  ad  Virg.,  Gectg 
i.,  74.) 


LEITOURGIA 


LEMNIA  TERRA. 


•LEIMO'NIUM  {leifjLoviov),  a  plant,  which  Mat- 
hiolus  and  most  of  the  early  commentators  make 
to  have  been  the  Statice  Limonium,  or  Sea  Laven- 
der. Sprengel,  however,  follows  Gesner  in  refer- 
ring it  to  the  Polygonum  Bistorta,  or  Snakeweed.1 

*LEIOB'ATOS  (%etu6a.Toc),  a  species  of  Raia  or 
Skate.  Artedi  calls  it  Raia  varia  ;  Coray,  Raie 
miralet* 

AEinOMAPTTPIOY  AIKH  (IzinoiiapTvpiov  61- 
ktj).     (Vid.  Marturia.) 

AEinONATTJOT  rPA<l>H  (XenrovavTiov  ypa<j>r/). 
The  indictment  for  desertion  from  the  fleet  was 
preferred  before  the  tribunal  of  the  strategi ;  and 
the  court  which,  under  their  superintendence,  sat 
for  the  trial  of  this  and  similar  military  offences, 
was  composed  of  citizens  who  had  been  engaged  in 
the  expedition  in  question.3  The  penalty  upon  con- 
viction seems  to  have  been  a  fine,  and  the  complete 
disfranchisement  of  the  offender  and  his  descend- 
ants.* 

AEI1IOSTPATIOT  TPA^H  (XenronrpaTiov  ypa- 
d>7/).  The  circumstances  of  the  trial  for  desertion 
from  the  army,  and  the  penalties  inflicted  upon  con- 
viction, were  the  same  as  in  the  case  of  desertion 
from  the  fleet  {vid.  AEinONATTlOT  TPA^H),  and 
the  offence  was  also  punishable  by  an  eisangelia, 
which,  Heraldus  suggests,  would  be  frequently 
adopted  when  the  accuser  was  solicitous  to  impose 
silence  upon  a  political  opponent  by  procuring  his 
disfranchisement,  as  this  was  a  necessary  conse- 
quence of  judgment  being  given  against  the  defend- 
ant, and  prevented  his  speaking  or  appearing  in 
public.  The  eisangelia  in  such  case  would  be  pre- 
ferred before  the  assembly  of  the  people,  by  which, 
if  reasonable  cause  appeared,  it  would  be  submitted 
to  the  decision  of  one  of  the  ordinary  legal  tribunals? 

AEinOTASIOT    TPA$H    (lenrorafrov    ypafyrj). 

(Vid.  ASTRATEIAS    GRAPHE.) 

LEITOUR'GIA  (Xeirovpyta,  from  Xelrov,  Ion. 
"kriirov,  i.  e.,  dn/uoGtov,  or,  according  to  others,  npv- 
ravelov)  is  the  name  of  certain  personal  services 
which,  at  Athens  and  in  some  other  Greek  repub- 
lics, every  citizen  who  possessed  a  certain  amount 
of  property  had  to  perform  towards  the  state.  These 
personal  services,  which  in  all  cases  were  connect- 
ed with  considerable  expenses,  occur  in  the  history 
of  Attica  as  early  as  the  time  of  the  Peisistratids,6 
and  were  probably,  if  not  introduced,  at  least  sanc- 
tioned by  the  legislation  of  Solon.  They  were  at 
first  a  natural  consequence  of  the  greater  political 
privileges  enjoyed  by  the  wealthy,  who,  in  return, 
had  also  to  perform  heavier  duties  towards  the  Re- 
public ;  but  when  the  Athenian  democracy  was  at 
its  height,  the  original  character  of  these  liturgies 
became  changed  ;  for,  as  every  citizen  now  enjoyed 
the  same  rights  and  privileges  as  the  wealthiest, 
they  were  simply  a  tax  upon  property  connected 
with  personal  labour  and  exertion  (rolg  xPWa(Tt  KaL 
tg)  acofiart  XsiTovpyetv).  Notwithstanding  this  al- 
tered character  of  the  liturgies,  we  scarcely  ever 
find  that  complaints  were  made  by  persons  subject 
to  them  ;  many  wealthy  Athenians,  on  the  contra- 
ry, ruined  their  estates  by  their  ambitious  exertions, 
and  by  the  desire  to  gain  the  favour  of  the  people.7 
To  do  no  more  than  the  law  required  (a<poaiowdais) 
was  at  Athens  considered  as  a  disgrace,  and  in 
some  cases  a  wealthy  Athenian,  even  when  it  was 
not  his  turn,  would  volunteer  to  perform  a  liturgy.9 

1.  (Dioscor.,  iv.,  16.— Adams,  Append.,  s.  v.)— 2.  (Adams, 
Append.,  s.  v.)— 3.  (Meier,  Att.  Process,  108,  133.)— 4.  (Petit, 
Leg.  Att.,  401,  667  )•  >r.  (Herald.,  Animadv.  in  Salmas.,  p.  242.) 
— «.  (Anstot.,  CEconom.,  fa..  5.)— 7.  (Xen.,  De  Rep.  Ath.,  i.,  13. 
—Demosth.,  c.  Euerg.,  p.  1155.— Compare  Lys.,  Pro  bon.  Alcib., 
p.  646  and  657.— Isocrat.,  "De  Big.,  15.— Aristot.,  Polit.,  v.,  7,  p. 
173,  ed.  Gottling.)— 8.  (Laus,  De  Apollod.,  c.  38.)— 9.  (De- 
mosth., c.  Meid.,  p.  519,  566,  &«—  Compare  Bockh  Publ.  Econ. 
«>f  Athens,  ii.,  p  202.) 

*  n 


All  liturgies  may  be  divided  into  two  classes  :  1, 
( rdinary  or  encyclic  liturgies  (bynvKXtot  TiZtrovpyiat,1), 
and,  2,  extraordinary  liturgies.  The  former  were 
called  encyclic,  because  they  recurred  every  year  at 
certain  festive  seasons,  and  comprised  the  x°pwyi<h 
yvfivaGiapxia,,  lafj.ira6apxla,  apxtdeupia,  and  koriaois, 
which  are  all  described  in  separate  articles.  (Vid. 
Choragus,  Gymnasium,  p.  483  ;  Lampadephoria, 
Theoria,  Hestiasis.)  Every  Athenian  who  pos- 
sessed three  talents  and  above  was  subject  to 
them,'  and  they  were  undertaken  in  turns  by  the 
members  of  everj  tribe  who  possessed  the  property 
qualification  just  mentioned,  unless  some  one  vol- 
unteered to  undertake  a  liturgy  for  another  person. 
But  the  law  did  not  allow  any  one  to  be  compelled 
to  undertake  more  than  one  liturgy  at  a  time,3  and 
he  who  had  in  one  year  performed  a  liturgy,  was 
free  for  the  next  (kvtavrbv  diaknruv  ekclotoc  'Kzirovp  ■ 
ycf4),  so  that  legally  a  person  had  to  perform  a  litur- 
gy cnty  every  other  year.  Those  whose  turn  it 
was  to  undertake  any  of  the  ordinary  liturgies,  were 
always  appointed  by  their  own  tribe,5  or,  in  other 
words,  by  the  zmjxzlriTal  rtiv  <bv\uv,6  and  the  tribe 
shared  praise  as  well  as  blame  with  its  \znovpybq. 

The  persons  who  were  exempt  from  all  kinds  of 
liturgies  were  the  nine  archons,  heiresses,  and  or- 
phans, until  after  the  commencement  of  the  second 
year  of  their  coming  of  age.7  Sometimes  the  ex- 
emption from  liturgies  (arzlzia)  was  granted  to 
persons  for  especial  merits  towards  the  Republic* 

The  only  kind  of  extraordinary  liturgy  to  which 
the  name  is  properly  applied  is  the  trierarchy  (rpc- 
Tjpapxt-a) ;  in  earlier  times,  however,  the  service  in 
the  armies  was  in  reality  no  more  than  an  extraor- 
dinary liturgy.  (Vid.  Eisphora  and  Trierarchia.) 
In  later  times,  during  and  after  the  Peloponnesian 
war,  when  the  expenses  of  a  liturgy  were  found  too 
heavy  for  one  person,  we  find  that  in  many  instan- 
ces two  persons  combined  to  defray  the  expenses 
of  a  liturgy  (avvrzlzia).  Such  was  the  case  with 
the  choragia  and  the  trierarchy.9 

Liturgies  in  regard  to  the  persons  by  whom  they 
were  performed  were  also  divided  into  Izirovpyiat 
TtoliTLnai,  such  as  were  incumbent  upon  citizens, 
and  "kzirovpyiai  ruv  /iztoIkov.10  The  only  liturgies 
which  are  mentioned  as  having  been  performed  by 
the  fieroiKoi,  are  the  choregia  at  the  festival  of  the 
Lensea,11  and  the  ecTiacric,1*  to  which  may  be  added 
the  hydriaphoria  and  skiadephoria.  (Vid.  Hydri- 
aphoria.) 

That  liturgies  were  not  peculiar  to  Athens  has 
been  shown  by  Bockh,13  for  choregia  and  other  litur- 
gies are  mentioned  at  Siphnos;1*  choregia  in^Egina 
even  before  the  Persian  wars  ;15  in  Mytilene  during 
the  Peloponnesian  war  ;16  at  Thebes  in  the  time  of 
Epaminondas  ;17  at  Orchomenos,  in  Rhodes,  and  in 
several  towns  of  Asia  Minor.18 

*LEMNIA  TERRA  (Kr^via  yrj),  Lemnian  earth 
"  There  were  among  the  ancients,"  observes  Sii 
John  Hill,19  "  two  Earths  of  Lemnos,  well  known 
and  in  common  use,  though  applied  to  different  pur- 
poses :  these  distinctions  have  been  since  lost,  and 
that  loss  has  caused  us  a  great  deal  of  confusion. 
These  two  we  distinguish  by  the  names  of  Terra 

1.  (Demosth.,  c.  Lept.,  p.  463.) — 2.  (Demosth.,  c.  Aphob.,  p. 
833. — Isaeus,  De  Pyrrh.  hsered.,  c.  80.)— 3.  (Demos^,  c  Lept., 
p.  462.— Id.,  c.  Polyclet.,  p.  1209.)— 4.  (Demosth.,  c.  Lept.,  p 
459.)— 5.  (Demosth.,  c.  Meid.,  p.  510,  519.)  — 6.  (Tittmann, 
Gnech.  Staatsv.,  p.  296,  &c. — Bockh,  Publ.  Econ.,  &c,  i.,  p. 
211.) — 7.  (Lys'as,  c.  Diogeit.,  p.  908. — Demosth.,  De  Symmor., 
p.  182.)  — 8.  \  Demosth.,  c.  Lept.,  p.  466,  &c.)  —  9.  (Hermann, 
Poht.  Ant.,  ()  161,  n.  12  and  13.)  —  10.  (Demosth.,  c.  Lept.,  p. 
462.)— 11.  (Schol.  ad  Aristoph.,  Plut.,  954.)— 12.  (Ulpian  ad  De- 
mosth., Lept.,  f>  15.)— 13.  (Publ.  Econ.,  &c,  ii.,  p.  4.  &c.) — 14 
(Isocrat.,  JE<ri  et.,  c.  17.)— 15.  (Herod.,  v.,  83.) —  16.  (Antiph., 
De  C;ed.  Herod.,  p.  744.)  — 17.  (Plut.,  Aristid.,  1.)  —  18.  (Com- 
pare Wolf,  Prolegom.  in  Demosth.,  Lept.,  p.  lxxxvi.,  dec— 
Wachsmuth,  II.,  i.,  p.  130,  &c.)— 19.  (ad  Theophrast.,  De  L*> 
pid.,  c.  93.) 

577 


LEMNISCUS. 


LEO. 


Lemnia  and  Rubrica  Lemma,  or  yrj  Anfivla  and  [ill- 
rog  Avfivia,  the  Lemnian  Earth  and  Lemnian  Red- 
dle. The  latter  of  these  was  used  by  painters  as  it 
was  taken  out  of  the  pit :  the  former  was  made  into 
cakes,  and  sealed  with  great  ceremony,  and  was  in 
very  high  esteem  in  medicine.  The  great  occasion 
of  the  errors  about  the  Lemnian  earths  is  the  mis- 
take of  Pliny  in  confounding  them  together,  as  he 
evidently  has  done,  not  distinguishing  the  medicinal 
sealed  earth  of  that  island  from  the  reddle  used  by 
painters.  The  sealed  earth  was  esteemed  sacred, 
and  the  priests  alone  were  allowed  to  meddle  with 
it.  They  mixed  it  with  goat's  blood,  and  made  the 
impression  of  a  seal  upon  it.  The  Rubrica  Lemnia, 
on  the  other  hand,  was  a  kind  of  reddle  of  firm  con- 
sistence and  deep  red  colour,  dug  in  the  same  isl- 
and, and  never  made  into  any  form  or  sealed,  but 
purchased  in  the  rough  glebes  by  artificers  of  many 
kinds,  who  used  it  in  colouring."  The  Lemnian 
earth  was  a  fat,  unctuous  clay,  of  a  pale  red  colour. 
It  is  sometimes  called  Lemnium  sigillum.  A  com- 
mon Greek  name  for  it  is  oqpayic,  in  allusion  to  its 
having  been  sealed,  whence  the  sphragide  of  Jame- 
son. The  stamp  before  the  time  of  Dioscorides 
was  the  figure  of  a  goat ;  afterward,  in  Galen's 
time,  with  the  image  of  Diana.  Of  late  years  it 
has  beenstamped  with  the  seal  of  the  Turkish  Em- 
pire. It  acts  as  an  astringent,  but  was  much  more 
frequently  used  in  former  days  as  a  medicine  than 
at  the  present  day.1 

*LEMNA  (Tiifiva),  a  plant,  which  Stackhouse 
conjectures  was  the  Lemna  trisulca,  but  Sprengel 
the  Marsilea  quadrifolia.2 

LEMNISCUS  (tyfiviaicoc).  This  word  is  said  to 
have  originally  been  used  only  by  the  Syracusans.3 
It  signified  a  kind  of  coloured  riband,  which  hung 
clown  from  crowns  or  diadems  at  the  back  part  of 
the  head.*  The  earliest  crowns  are  said  to  have 
consisted  of  wool,  so  that  we  have  to  conceive  the 
lemniscus  as  a  riband  wound  around  the  wool  in 
such  a  manner  that  the  two  ends  of  the  riband, 
where  they  met,  were  allowed  to  hang  down.  See 
the  representations  of  the  corona  obsidionalis  and 
civica  in  p.  310,  where  the  lemnisci  not  only  appear 
as  a  means  to  keep  the  little  branches  of  the  crowns 
together,  but  also  serve  as  an  ornament.  From  the 
remark  of  Servius,5  it  appears  that  coronae  adorned 
with  lemnisci  were  a  greater  distinction  than  those 
without  them.  This  serves  to  explain  an  expres- 
sion of  Cicero6  (palma  lemniscala),  where  palma 
means  a  victory,  and  the  epithet  lemniscata  indi- 
cates the  contrary  of  infamis,  and,  at  the  same  time, 
implies  an  honourable  as  well  as  a  lucrative  victory.7 

It  seems  that  lemnisci  were  also  worn  alone,  and 
wathout  being  connected  with  crowns,  especially  by 
ladies,  as  an  ornament  for  the  head.8  To  show 
honour  and  admiration  for  a  person,  flowers,  gar- 
lands, and  lemnisci  were  sometimes  showered  upon 
(him  while  he  walked  in  public.9 

LeiMiisci  seem  originally  to  have  been  made  of 
wool,  .aiad  afterward  of  the  finest  kinds  of  bast  (phi- 
ityrcel0d  ;  but,  during  the  latter  period  of  the  Repub- 
lic, .the  wealthy  Crassus  not  only  made  the  foliage 
©ir  .leaves  of  crowns  of  thin  sheets  of  gold  and  sil- 
ver, but  -the  lemnisci  likewise  ;  and  P.  Claudius 
Raicher  ^Embellished  the  metal-lemnisci  with  works 
of  art  in  relief  and  with  inscriptions.11 

'The  woM  lemniscus  is  used  by  medical  writers 
in  £he  signification  of  a  kind  of  liniment  applied  to 
wounds.1,2 

ll.  t(A(laras,.^Lppem(3.,  s.  v.) — 2.  (Theophrast.,  II.  P.,  iv.,  10. — 
Adams,  Append. ,.s.  v.) — 3.  (Hcsych.,  s.  v.) — 4.  (Festus,  s.  v.) — 
$.  (ad  JEn.,  (v.,  .259./)— 8.  (Pro  Rose.  Am.,  c.  35.)— 7.  (Compare 
Auson.,  Epist,  xx.,5.)—8.  (Plin.,  H.  N.,  xxi.,  3.)—  9.  (Casau- 
bon  ad  Suet-,  Ner.,  25..— Liv.,  xxxiii.,  19.)  —  10.  (Plin.,  H.  N., 
»y,,  14.)— rll-  (Plin,,  1L  N.,  xxi.,  3.)— 12.  (Celsus,  vii.,  28.— 
Vej?et.,  De  Re  Yeter.,  ir\,  14  and  48.— Id.  ib.,  iii.,  18.) 
£7.6 


LEMURA'LIA  or  LEMU'RIA,  a  festival  lot  lbs 
souls  of  the  departed,  which  was  celebrated  at  Rome 
every  year  in  the  month  of  May.  It  was  said  to 
have  been  instituted  by  Romulus  to  appease  the 
spirit  of  Remus,  whom  he  had  slain,1  and  to  have 
been  called  originally  Remuria.  It  was  celebrated 
at  night  and  in  silence,  and  during  three  alternate 
days,  that  is,  on  the  ninth,  eleventh,  and  thirteenth 
of  May.  During  this  season  the  temples  of  the  gods 
were  closed,  and  it  was  thought  unlucky  for  women 
to  marry  at  this  time,  and  during  the  whole  month 
of  May,  and  those  who  ventured  to  marry  were  be 
lieved  to  die  soon  after,  whence  the  proverb,  mensc 
Maio  mala  nubent.  Those  who  celebrated  the  Lem- 
uralia  walked  barefooted,  washed  their  hands  three 
times,  and  threw  nine  times  black  beans  behind 
their  backs,  believing  by  this  ceremony  to  secure 
themselves  against  the  Lemures.2  As  regards  the 
solemnities  on  each  of  the  three  days,  we  onl> 
know  that  on  the  second  there  were  games  in  the 
circus  in  honour  of  Mars,3  and  that  on  the  third  day 
the  images  of  the  thirty  Argei,  made  of  rushes,  were 
thrown  from  the  Pons  Sublicius  into  the  Tiber  by 
the  vestal  virgins.*  (Compare  Argei.)  On  the 
same  day  there  was  a  festival  of  the  merchants 
(festum  mercatorum5},  probably  because  on  this  day 
the  Temple  of  Mercury  had  been  dedicated  in  the 
year  495  B.C.6  On  this  occasion,  the  merchants 
offered  up  incense,  and,  by  means  of  a  laurel-branch, 
sprinkled  themselves  and  their  goods  with  water 
from  the  well  of  Mercury  at  the  Porta  Capena,  ho- 
ping thereby  to  make  their  business  prosper. 

LEN^EA.     (Vid.  Dionysia,  p.  364.) 

LENOS.     (Vid.  Torccjlar.) 

*LEO  (teov),  the  Lion,  or  Felis  leo,  L.  "  Cuvier 
has,  with  much  learning  and  research,  accumulated 
instances  of  lions  in  parts  where  they  are  no  longer 
indigenous,  and  of  their  former  great  abundance  m 
countries  where  they  are  now  but  partially  known. 
4  It  is  true,'  says  he,  '  that  the  species  has  disap- 
peared from  a  great  number  of  places  where  it  was 
formerly  found,  and  that  it  has  diminished  in  an  ex- 
traordinary degree  everywhere.'  Herodotus  relates 
that  the  camels  which  carried  the  baggage  of  the 
army  of  Xerxes  were  attacked  by  lions  in  the 
country  of  the  Paeonians  and  Crestonaeans,  in  Ma- 
cedonia ;  and  also,  that  there  were  many  lions  in 
the  mountains  between  the  river  Nestus  in  Thrace, 
and  the  Achelous,  which  separates  Aearnania  from 
^Etolia.  Aristotle  repeats  the  same  as  a  fact  in  his 
time.  Pausanias,  who  also  relates  the  accident 
which  befell  the  camels  of  Xerxes,  says  farther, 
that  these  lions  often  descended  into  the  plains  at 
the  foot  of  Olympus,  between  Macedonia  and  Thes- 
saly.  If  we  except  some  countries  between  India 
and  Persia,  and  some  parts  of  Arabia,  lions  are  now 
very  rare  in  Asia.  Anciently  they  were  common. 
Besides  those  of  Syria,  often  mentioned  in  Scrip- 
ture, Armenia  was  pestered  with  them,  according 
to  Oppian.  Apollonius  of  Tyana  saw,  near  Baby- 
lon, a  lioness  with  eight  young ;  and  in  his  time 
they  were  common  between  the  Hyphasis  and  the 
Ganges.  .'Elian  mentions  the  Indian  lions  which 
were  trained  for  the  chase,  remarkable  for  their 
magnitude  and  the  blackish  tints  of  their  fur.  That 
the  species  has  become  rare,  in  comparison  with 
former  times,  even  where  it  is  now  most  abundant, 
may  be  sufficiently  inferred  from  the  accounts  given 
by  Pliny.  This  writer  informs  us  that  Sylla  caus- 
ed one  hundred  lions  to  engage  together  for  the 
amusement  of  the  people  ;  Pompey  exhibited  six 
hundred  in  the  circus,  and  Caesar,  when  dictator. 


1.  (Ovid,  Fast.,  v.,  473,  &c.) — 2.  (Varro,  Vita.  pop.  Rom. 
Fragm.,  p.  241,  ed.  Bipont. — Servius  ad^En.,  i.,  276.) — 3.  (Ovid, 
Fast.,  v.,  597.)— 4.  (Ovid,  Fast.,  v.,  621.— Festus,  s.  v.  Dopant*, 
ni.)— 5.  (Ovid,  Fast.,  v.,  670,  &c.)— 6.  (Liv  ,  ii.,  21  > 


LERfoEA. 


l£X. 


four  hundred.  The  same  abundance  continued, 
also,  under  the  first  emperors.  Adrian  often  de- 
stroyed one  hundred  in  the  circus ;  Antoninus,  on 
one  occasion,  one  hundred  ;  and  Marcus  Aurelius 
the  like  number  on  another.  The  latter  exhibition 
Eutropius  considers  as  particularly  magnificent, 
whence  Cuvier  infers  that  the  number  of  the  spe- 
cies was  then  diminishing,  though  Gordian  the  Third 
had  seventy  which  were  trained  ;  and  Probus,  who 
possessed  a  most  extensive  menagerie,  had  one 
hundred  of  either  sex."1 

•II.  A  sea-animal  of  the  class  Crustacea,  descri- 
bed by  Athenasus  and  Pliny.  It  is  a  species  of  Lo- 
custa  or  Crab.  Aldrovandus  holds  that  the  \eov  of 
^Elian  is  the  same  as  the  Elcphantus  of  Pliny,  i.  e., 
the  Craw-fish.  The  name  is  also  applied  by  ./Elian 
and  Oppian  to  a  cetaceous  fish.     (VvL  III.)2 

•III.  A  cetaceous  fish  briefly  noticed  by  Oppian 
and  others.3 

LEONIDEI'A  (Aeovideia)  were  solemnities  cel- 
ebrated every  year  at  Sparta  in  honour  of  Leonidas, 
who,  with  his  300  Spartans,  had  fallen  at  Thermop- 
ylae. Opposite  the  theatre  at  Sparta  there  were  two 
sepulchral  monuments,  one  of  Pausanias  and  an- 
other of  Leonidas,  and  here  a  funeral  oration  was 
spoken  every  year,  and  a  contest  was  held,  in  which 
none  but  Spartans  were  allowed  to  take  part.4 

*LEONTOPET'ALON  (AeovroTreraAov),  a  plant 
which  Dodonaeus  and  Adams  refer  to  the  Leonticc 
Leontopetalum,  although  Sprengel  is  not  quite  satis- 
fied upon  this  point.5 

*LEONTOPOD'ION  (Aeovro-d&ov),  a  plant  which 
Matthiolus  (whom  Sprengel  follows)  holds  to  be  the 
species  of  Cudweed  called  Gnaphalium  Leontopo- 
diutn.6 

*LEOPARDUS  ( ?,eoTzap8oc ,  T^EoizapdaXog ),  the 
Leopard,  or  Felis  Leopardus.  Galen  distinguishes 
the  "keo-rzapSoc  from  the  Trdpda?ac,  applying  the  latter 
term  most  probably,  as  Adams  thinks,  to  the  Ounce. 
He  is  the  only  Greek  writer  who  uses  the  word 
7,EOT:ap6oc.  For  farther  remarks  on  this  subject, 
consult  article  Pardalis.7 

*LEPAS  (keiraq),  "  the  name  of  a  shellfish  noti- 
ced by  Aristotle,  Xenocrates,  Athenasus,  and  others. 
It  is  translated  Patella  by  Gaza,  and  Gesner  says  it 
is  the  Limpet  of  the  English,  which  belongs  to  the 
genus  Patella,  L.  Pennant  and  Schneider  agree  in 
referring  the  Xeirde  dypta  of  Aristotle  to  the  Haliotis 
tuberculata,  L.,  called  in  English  the  Ear-shell."8 

*LEPIDTUM  (toiridiov),  the  Lcpidium  latifolium, 
or  broad-leaved  Pepperwort.9 

*LEPIS  fame).  "  Celsus,"  observes  Adams, 
"  writes  thus  :  '  Squamam  aris  quam  Graeci  Xerrtda 
\a\nov  vocant.'  This,  according  to  Dr.  Milligan, 
was  the  peroxyde  of  copper.  The  Iettic  otSfjpov 
of  Dioscorides  and  Paul  of  JEgina  was  a  black  ox- 
yde  of  iron.  According  to  Dr.  Milward,  the  crro/zw- 
(ia  was  the  Chalybs,  or  ferrum  purgatius  of  the  Lat- 
ins, i.  e.,  hardened  or  purified  iron  or  steel.  Tral- 
ian  is  the  first  medical  author  who  mentions  it."10 

LEPTA.     (Vid.  JEs,  p.  30.) 

LE'RIA.     (Vid.  Limbus,  Tunica.) 

LERNiEA  (Aspvala)  were  mysteries  (teIettj) 
celebrated  at  Lerna,  in  Argolis,  in  honour  of  Deme- 
ter.u  They  wTere  said  to  have  been  instituted  by 
Philammon.18  In  ancient  times,  the  Argives  car- 
ried the  fire  from  the  Temple  of  Artemis  Pyronia, 
on  Mount  Crathis,  to  the  Lernaea.18    These  myster- 

1.  (Griffith's  Cuvier,  vol.  ii.,  p.  435,  &c— Herod.,  vii.,  126.— 
Arintot.,  H.  A.,  vi.,  28.)  — 2.  (Plin.,  II.  N.,  ix.,  31.— JElian, 
N.  A.,  xiv.,  9. — Adams,  Append.,  s.  v.) — 3.  (Oppian,  i.,  367.) — 
4.  (Paus.,  iii.,  14,  t)  1.)  —  5.  (Dioscor.  iii.,  100. — Adams,  Ap- 
pend., s.  v.) — 6.  (Dioscor.,  iv..  129.) — 7  (Adams,  Append.,  s.  v.) 
— 8.  (Aristot.,  H.  A.,  iv.,  4. — Coray  ad  Xenocr.,  p.  158. — Ad- 
ams, Append.,  s.  v.)— 9.  (Dioscor.,  ii.,  205.)— 10.  (Celsus,  ii.,  12. 
—Dioscorides,  v.,  89. — Paul.  iEgin.,  vii.,  3. — Adams,  Append., 
b.  v.)— 11.  (Paus.,  ii.,  36  t>  7.)— 12.  (Paus.,  ii  ,  37,  t>  3.)— 13. 
tPaus.,  viii,  15,  $  4.1 


ies  were  probably  a  remnant  of  the  ancient  religion 
of  the  Pelasgians,  but  farther  particulars  are  not 
known. 

*LEUCACANTHA  (XevKuicavda),  a  plant  belong- 
ing to  the  Thistle  tribe.  Stackhouse  supposes  it  to 
be  the  Onopordium  acanthium,  or  Cotton-thistle. 
Sprengel  prefers  the  Cirsmm  tuberosum,  All.  Bau- 
hin  calls  it  Spina  alba.1 

*LEUCAS  (TiEVKug),  according  to  Bauhin,  th»3 
Lamium  maculatum,  or  spotted  Dead-nettle.  Spren- 
gel adopts  this  opinion  in  his  edition  of  Dioscorides, 
although,  in  his  history  of  Botany,  he  had  set  it 
down  for  the  L.  album.2 

*LEUCE  (kEi'KTj),  the  White  Poplar,  or  Populus 
alba.     It  is  the  axepatc  of  Homer.3 

*LEUCOION  (Xevkolov),  a  plant  mentioned  by 
Theophrastus,  Dioscorides,  and  others.  "The  2eu- 
kolov  of  Theophrastus  may  be  confidently  set  down," 
says  Adams,  "  as  the  Stockgilly-flower,  or  Leucoi- 
um  vernum.  Matthiolus  shows  satisfactorily  that 
the  \evkolov  of  Dioscorides  is  the  Ckeiranthus  Chei- 
ri,  L.,  or  wild  Wall- flower;  to  which  Sprengel  adds, 
that  the  Matthiolce  incance,  R.  Br.,  is  also  compre- 
hended under  it.  Wall-flower  grows  plentifully 
near  Athens,  and  in  the  southern  part  of  the  Morea, 
according  to  Sibthorp.  The  Ievkolov  Trop<j>vp£ov  of 
Dioscorides  is  held  by  Sibthorp  to  be  the  Ckeiran- 
thus incanus,  and  the  A.  tiaAuooiov  the  C.  tricuspi- 
datus.'',* 

LEX.  Lex  is  thus  defined  by  Papinian  :5  "  Lex 
est  commune  praceptum,  virorum  prudentium  consult- 
um,  delictorum,  qua  sponle  vel  ignorantia  contrahun- 
tur,  coercitio,  communis  reipublicce  sponsion  Cicero6 
defines  it  thus  :  "  Qua  scripto  sancit  quod  vult,  aut 
jubendo,  aut  vetando."  The  fault  of  these  defini- 
tions consists  in  their  referring  to  the  object  of  a 
lex,  which  is  an  accident,  rather  thwn  to  that  which 
constitutes  the  essential  character  of  a  lex.  A  law 
is  a  rule  or  command  of  the  sovereign  power  in  a 
state  addressed  to  and  enforced  upon  the  members 
of  such  state  ;  and  this  is  the  sense  of  lex  in  the 
Roman  writers. 

In  the  Institutes7  there  is  a  definition  of  a  lex, 
which  approaches  nearer  to  the  truth,  because  it 
has  a  more  direct  reference  to  that  power  which  is 
the  source  of  law  :  "  Lex  est  quod  populus  Romanus 
senatorio  magistratu  interrogante,  veluti  consule,  con- 
stituebat.,,  The  definition  of  Capito8  is  "  Generale 
jussum  populi  aut  plebis  rogante  magistratu ;"  but 
this  definition,  as  Gellius  observes,  will  not  apply 
to  such  cases  as  the  lex  about  the  imperium  of 
Pompey,  or  that  about  the  return  of  Cicero,  which 
related  only  to  individuals,  and  were  therefore  prop- 
erly called  privilegia. 

Of  Roman  leges,  viewed  with  reference  to  the 
mode  of  enactment,  there  were  properly  two  kinds, 
leges  curiatas  and  leges  centuriatae.  Plebiscita  are 
improperly  called  leges,  though  they  were  laws,  and 
in  the  course  of  time  had  the  same  effect  as  leges. 

Originally  the  leges  curiatae  were  the  only  leges, 
and  they  were  passed  by  the  populus  in  the  comitia 
curiata.  After  the  establishment  of  the  comitia 
centuriata,  the  comitia  curiata  fell  almost  into  dis- 
use ;  but  so  long  as  the  Republic  lasted,  and  even 
under  Augustus,  a  shadow  of  the  old  constitution 
was  preserved  in  the  formal  conferring  of  the  impe- 
rium by  a  lex  curiata  only,  and  in  the  ceremony 
of  adrogation  being  effected  only  in  these  comitia. 
(Vid.  Adoption.) 

Those  leges,  properly  so  called,  with  which  we 
are  acquainted,  were  passed  in  the  comitia  centu- 


1.  (Theophrast.,  H.  P.,  vi.,  4. — Dioscor.,  iii.,  19. — Adams, 
Append.,  s.  v.) — 2.  (Dioscor.,  iii.,  103. — Adams,  Append.,  s.  v.)— 
3.  (Theophrast.,  II.  P.,  i.,  10.— Dioscor.,  i.,  109.)— 4.  (Di'iscor., 
iii.,  128. — Theophrast.,  II.  P.,  vii.,  13. — Adams,  Append,  s.  v.J 
—  5.  (Dig.  1,  tit.  3,  s.  1.)— 6.  (Leg.,  i.,  6.)— 7.  (».,  tit  2,  g  4  >_. 
8.  (Gell.,  x.,  20.) 

570 


LEX. 


LEX. 


nata,  and  were  proposed  (rogabantur)  by  a  magis- 
trates of  senatorial  rank,  after  the  senate  had  ap- 
proved of  them  by  a  decretum.  Such  a  lex  was 
also  designated  by  the  name  populi  scitum.1 

A  plebiscitum  was  a  law  made  in  the  comitia 
tributa  on  the  rogation  of  a  tribune  :  "  Plebiscitum 
est  quod  plebs  plebeio  magistraiu  interrogate,  veluti 
tribuno,  constituebat."2  "Accordingly,"  says  Gai- 
us,3 "  formerly  the  patricii  used  to  say  that  they 
were  not  bound  by  plebiscita,  because  they  were 
made  without  their  sanction  (sine  auctoritate  eorum) ; 
but  afterward  the  lex  Hortensia  was  carried  (B.C. 
288),  which  provided  that  plebiscita  should  bind  the 
whole  populus  (in  the  larger  sense  of  the  word),  and 
thus  they  were  made  of  equal  force  with  leges."4 

Consistently  with  this  statement,  we  find  that 
Cicero,  in  his  enumeration  of  the  sources  of  Roman 
law,5  does  not  mention  plebiscita,  which  he  un- 
doubtedly comprehended  under  "leges."  Various 
plebiscita  also  are  quoted  as  leges,  such  as  the  lex 
Falcidia6  and  lex  Aquilia.7  In  the  Table  of  Hera- 
clea,  the  words  "  lege  plebisvescito"  appear  to  refer 
to  the  same  enactment ;  and  in  the  lex  Rubria  there 
occurs  the  phrase  "  ex  lege  Rubria  sive  id  plebisve- 
scitum  est;"  both  which  expressions  are  probably 
only  a  way  of  designating  a  plebiscitum.8 

The  word  rogatio  (from  the  verb  rogo)  properly 
means  any  measure  proposed  to  the  legislative  body, 
and  therefore  is  equally  applicable  to  a  proposed  lex 
and  a  proposed  plebiscitum.  Accordingly,  there  oc- 
cur the  expressions  "  populum  rogare,"  to  propose 
a  lex  to  the  populus  ;  and  "  legem  rogare,"  to  pro- 
pose a  lex.9  A  rogatio,  then,  is  properly  a  proposed 
lex  or  a  proposed  plebiscitum.  The  form  of  a  ro- 
gatio, in  the  case  of  adrogatio,  which  was  effected 
at  the  comitia  curiata,10  is  preserved  by  Gellius  :n  it 
begins  with  the  words  "  Velitis,  jubeatis,"  &c,  and 
ends  with  the  words  "  ita  vos  Quirites  rogo."  The 
corresponding  expression  of  assent  to  the  rogatio  on 
the  part  of  the  sovereign  assembly  was  Uti  rogas. 
The  term  rogatio,  therefore,  included  every  proposed 
lex,  plebiscitum,  and  privilegium,  for  without  a  ro- 
gatio there  could  be  no  command  (jussum)  of  the 
populus  or  plebs.  But  the  words  lex,  plebiscitum, 
and  privilegium  were  often  improperly  used  as  equiv- 
alents ;  and  rogationes,  after  they  had  become  laws, 
were  still  sometimes  called  rogationes.13  The  term 
rogationes  is  often  applied  to  measures  proposed  by 
the  tribunes,  and  afterward  made  plebiscita  :  hence 
some  writers  (improperly)  view  rogatio  as  simply 
equivalent  to  plebiscitum.  Besides  the  phrase  "ro- 
gare legem,"  there  are  the  equivalent  phrases  "  le- 
gem ferre"  and  "rogationem  promulgare,"  as  ap- 
plied to  the  proposer  ;  the  phrase  "  rogationem  ac- 
cipere"  applies  to  the  enacting  body.  "  Lex  roga- 
ta"  is  equivalent  to  "  lex  Lata."13  The  terms  rela- 
ting to  legislation  are  thus  explained  by  Ulpian  :14 
H  A  lex  is  said  either  rogari  or  ferri;  it  is  said  ab- 
rogari  when  it  is  repealed  ;  it  is  said  derogari  when 
a  part  is  repealed  ;  it  is  said  subrogari  when  some 
addition  is  made  to  it ;  and  it  is  said  obrogari  when 
some  part  of  it  is  changed."  It  follows  from  these 
terms  being  used  in  Roman  law,  independent  of 
direct  evidence,  which  is  not  wanting,  that  a  subse- 
quent lex  always  repealed  or  altered  a  prior  lex 
whicli  was  inconsistent  with  it. 

As  to  their  form,  we  can  judge  of  the  Roman  style 
of  legislation  by  the  fragments  which  exist.  The 
Romans  seem  to  have  always  adhered  to  the  old  ex- 
pressions, and  to  have  used  few  superfluous  words. 

1.  (Festus,  s.  v  Scitum  Pop.) — 2.  (Inst.,  i.,  tit.  2,  s.  4.) — 3. 
(i.,  3.)— 4.  (Liv.,  viii..  12.— Gell.,  xv.,  27.)— 5.  (Top.,  5.)— 6. 
(Gaius,  ii.,  227.)  —  7.  (Cic,  Pro  Tullio,  8,  11.)— 8.  (Savigny, 
Zeitschrift,  &c,  ix.,  355.)  —  9.  (Festus,  s.  v.  Rogatio.)  —  1*0. 
("per  populi  rogationem.")— 11.  (v.,  19.)  — 12.  (Gell.,  xv.,  27/ 
—13.  (Dig  35,  tit.  2,  s.  1  :  "ad  legem  Falcidiam.")  — 14.  (ti\ 
1  «  J) 


Great  care  was  taken  with  such  clauses  as  were 
proposed  to  alter  a  former  lex,  and  great  care  was 
also  used  to  avoid  all  interference  with  a  former  lexy 
when  no  change  in  it  was  intended.  The  leges 
were  often  divided  into  chapters,  each  of  which  con- 
cluded with  the  sanction  or  punishment  which  was 
intended  to  secure  the  observance  of  the  lex.  The 
title  of  the  lex  was  generally  derived  from  the  gen- 
tile name  of  the  m&gistratus  who  proposed  it,  as  the 
lex  Hortensia  from  the  dictator  Hortensius.  Some- 
times the  lex  took  its  name  from  the  two  consuls 
or  other  magistrates,  as  the  Acilia  Calpurnia,  iElia 
or  iElia  Sentia,  Papia  or  Papia  Poppeea,  and  others. 
It  seems  to  have  been  the  fashion  to  omit  the  word 
et  between  the  two  names,  though  instances  occur 
in  which  it  was  used.  (Vid.  Julia  Lex  et  Titia.) 
A  lex  was  also  often  designated  with  reference  to 
its  object,  as  the  lex  Cincia  de  Donis  et  Muneribus, 
lex  Furia  Testamentaria,  lex  Julia  Municipalis,  and 
many  others.  Leges  which  related  to  a  common 
object  were  often  designated  by  a  collective  name, 
as  leges  Agrarian.  Judiciariae,  and  others.  Some- 
times a  chapter  of  a  lex  was  referred  to  under  the 
title  of  the  lex,  with  the  addition  of  a  reference  to 
the  contents  of  the  chapter,  as  lex  Julia  de  Fundo 
Dotali,  which  was  a  chapter  of  the  lex  Julia  de  Adul- 
teriis.  A  lex  sometimes  took  its  name  from  the 
chief  contents  or  its  first  chapter,  as  lex  Julia  de 
Maritandis  Ordinibus.  Sometimes  a  lex  comprised 
very  various  provisions,  relating  to  matters  essen- 
tially different,  and  in  that  case  it  was  called  lex 
Satura.  (Vid.  Lex  Cecilia  Didia,  Lex  Julia  Mc- 
nicipalis.) 

The  number  of  leges  was  greatly  increased  in  the 
later  part  of  the  republican  period,1  and  J.  Caesar  is 
said  to  have  contemplated  a  revision  of  the  whole 
body.  Under  him  and  Augustus  numerous  enact- 
ments were  passed,  which  are  known  under  the 
general  name  of  Juliae  leges.  ( Vid.  Jvl\je  Leges.) 
It  is  often  stated  that  no  leges,  properly  so  called, 
or  plebiscita,  were  passed  after  the  time  of  Augus- 
tus ;  but  this  is  a  mistake.  Though  the  voting 
might  be  a  mere  form,  still  the  form  was  kept ;  and 
if  this  were  not  so,  the  passage  of  Gaius,2  in  which 
he  speaks  of  leges  and  plebiscita  as  forms  of  legis- 
lation still  in  use,  would  be  hardly  correct.  Besides, 
various  leges  are  mentioned  as  having  been  passed 
under  the  Empire,  such  as  the  lex  Junia  under  Ti- 
berius, the  lex  Visellia,  the  lex  Mamilia  under  Ca- 
ligula, and  a  lex  Claudia  on  the  tutela  of  women.3 
It  does  not  appear  when  the  ancient  forms  of  legis- 
lation were  laid  aside,  but  they  certainly  long  sur- 
vived the  popular  elections  to  which  alone  the  pas 
sage  of  Tacitus*  refers. 

In  the  Digest  a  senatus  consultum  is  sometimes 
referred  to  as  a  lex,5  in  which  there  was  no  great 
impropriety  if  we  have  regard  to  the  time,  for  sena- 
tus consulta  were  then  laws.  Still  a  senatus  con- 
sultum, properly  so  called,  must  not  be  confounded 
with  a  lex  properly  so  called  ;  and  there  is  no  rea- 
son for  supposing  that  the  lex  Claudia  of  Gaius  was 
a  senatus  consultum,  for  when  he  speaks  of  a  senatus 
consultum  of  the  time  of  Claudius,  he  calls  it  such.* 

It  remains  farther  to  explain  the  words  rogatio 
and  privilegium. 

Rogatio  is  defined  by  Festus  to  be  a  command  of 
the  populus  relating  to  one  or  more  persons,  but  not 
to  ail  persons ;  or  relating  to  one  or  more  things,  but 
not  to  all.  That  which  the  populus  has  command- 
ed (scivit)  with  respect  to  all  persons  or  things  is  a 
lex ;  and  ^Elius  Gallus  says  rogatio  is  a  genus  le- 
gis  ;  that  which  is  lex  is  not  consequently  (continuo) 
rogatio,  but  rogatio  must  be  lex  if  it  has  been  pro- 

1.  (Tacit.,  Ann.,  iii.,  25-28.)  — 2.  (i.,  2.  &c.)— 3.  (Gaius,  i, 
157,  171.)— 4.  (Ann.,  i.,  15.)— 5.  (14,  tit.  6,  s.  9,  M  ;  s.  14  )~6 
()..  84  91  ) 


LEX. 


LEX. 


posed  (roga  a)  at  legal  comitia  (justis  comitiis).  Ac- 
cording to  this  definition,  a  rogatio,  when  enacted, 
is  lex  ;  there  is  also  lex  which  is  not  rogatio :  there- 
fore we  must  assume  a  general  name  lex,  compre- 
hending lex  proper  and  rogatio.  The  passage  of 
JElius  Gall'is  is  emended  by  Gottling,1  whose  emen- 
dation is  founded  on  his  usual  felicity  in  mistaking 
the  sense  of  a  passage,  and  converts  the  clear  mean- 
ing of  Gallus  into  nonsense.  According  to  the  def- 
inition of  Gallus,  rogatio  was  equivalent  to  privile- 
gium,  a  term  which  occurred  in  the  Twelve  Tables,' 
and  it  signified,  according  to  Gallus,*  an  enactment 
that  had  for  its  object  a  single  person,  which  is  in- 
dicated by  the  form  of  the  word  (privi-legium)  "  pri- 
vae  res,"  being  the  same  as  "  singulae  res."  The 
word  privilegium,  according  to  the  explanation  of 
Gellius,  did  not  convey  any  notion  of  the  character 
of  the  legislative  measures  :  it  might  be  beneficial 
to  the  party  to  whom  it  referred,  or  it  might  not.  It 
is  generally  used  by  Cicero  in  the  unfavourable 
sense*  (rogationem  privilegii  similem6).  Under  the 
Empire,  the  word  is  used  in  the  sense  of  a  special 
grant  proceeding  from  the  imperial  favour. 

The  meaning  of  lex,  as  contrasted  with  jus,  is 
stated  in  the  article  Jus. 

Some  other  significations  of  lex,  which  are  not  its 
proper  significations,  are  easily  explained  ;  for  in- 
stance, lex  is  used  to  express  the  terms  and  condi- 
tions of  a  contract,  apparently  with  reference  to  the 
binding  force  of  all  legal  contracts.  In  English  in- 
struments of  contract,  it  is  often  expressed  that  it 
shall  be  "  lawful"  for  one  or  more  of  the  parties  to 
do  a  certain  act,  by  which  is  simply  meant  that  the 
parties  agreo  about  something  which  is  legal,  and 
which,  therefore,  makes  a  valid  contract.  Accord- 
ingly, we  find  the  expression  leges  censoriae  to  ex- 
press the  conditions  on  which  the  censors  let  the 
public  property  to  farm  ;  and  perhaps  the  term  also 
signified  certain  standing  regulations  for  such  mat- 
ters, which  the  censors  were  empowered  to  make.6 
In  both  the  cases  just  referred  to,  the  phrase  lex 
censoria  is  used  (in  the  singular  number),  and  this 
lex,  whether  a  lex  proper  or  not,  seems  to  have  been 
divided  into  chapters. 

Lex  simply  sometimes  signifies  the  laws  of  the 
Twelve  Tables. 

A  particular  enactment  is  always  referred  to  by 
its  name.  The  following  is  a  list  of  the  principal 
leges,  properly  so  called  ;  but  the  list  includes  also 
various  plebiscita  and  privilegia. 

ACPLIA.     (Vid.  Repetund^e.) 

ACI'LIA  CALPU'RNIA  or  CALPU'RNIA.  (Vid. 
Ambitus.) 

JSBU'TIA,  of  uncertain  date,  which,  with  two 
Juliae  leges,  put  an  end  to  the  legis  aotiones,  except 
in  certain  cases.     (Vid.  Judex,  Act-jo,  p.  17.) 

This,  or  another  lex  of  the  same  name,  prohibited 
the  proposer  of  a  lex,  which  created  any  office  or 
power  (curatio  ac  poteslas),  from  having  such  office 
or  power,  and  even  excluded  his  colleague,  cognati, 
and  affines.7 

^E'LIA.  This  lex,  and  a  Fufia  lex  passed  about 
the  end  of  the  sixth  century  of  the  city,  gave  to  all 
the  magistrates  the  obnunciatio  or  power  of  pre- 
senting or  dissolving  the  comitia,  by  observing  the 
omens,  and  declaring  them  to  be  unfavourable." 

.E'LIA  SE'NTIA.  This  lex  contained  various 
provisions  as  to  the  manumission  of  slaves.  (Vid. 
JFttiA.  Sentia  Lex,  Manumissio.) 

iEMPLIA.  A  lex  passed  in  the  dictatorship  of 
Matnercus  ^Emilius  (B.C.  433),  by  which  the  cen- 

1.  (Geschichte  der  Rom.  Staatsv.,  &c,  p.  310.)  — 2.  (Cic, 
Leg  ■  Hi.,  19.)— 3.  (Festus,  s.  v.  Rogatio.) — 4.  (Pro  Domo,  17. — 
Tro  Sextio,  30.)— 5.  (Brut.,  23.)— 6.  (Fra°\  de  Jure  Fisci,  s.  18; 
Pig.  50,  tit.  16,  s.  203.)—  7.  (Cic.  in  Rull.,  ii.,  8.)  —  8.  (Cic, 
Phil.,  ii.,  32.— Id.,  Pro  Sextio,  15,  26.— Id.,  ad  Att.,  ii.,  9.) 


sors  were  elected  for  a  year  and  a  half  instead  of 
a  whole  lustrum.1  After  this  lex  they  had  accord- 
ingly only  a  year  and  a  half  allowed  them  for  hold- 
ing the  census  and  letting  out  the  public  works  to 
farm. 

^EMPLIA  B^E'BIA.     (Vid.  Cornelia  B/ebia.) 

iEMPLIA  LE'PIDI,  ^EMPLIA  SCAURI.  {Vid. 
Sumtuari^e  Leges.) 

AGRA'RLE.  (Vid.  Apuleia,  Cassia,  Cornelia, 
Flaminia,  Flavia,  Julia,  Licinia,  Mamilia,  Sem- 
pronia,  servilia,  thoria.) 

A'MBITUS.     (Vid.  Ambitus.) 

ANNA'LIS  or  VILLI  A.     (  Vid.  ^Ediles.) 

A'NTIA.     (Vid.  Sumtuari^e  Leges.) 

ANTO'NLE,  the  name  of  various  enactments 
proposed  or  passed  by  the  influence  of  M.  Antonius, 
after  the  death  of  the  dictator  J.  Caesar,  such  as  the 
judiciaria.  (Vid.  Judex,  p.  553.)  Another  lex  that 
was  promulgated  allowed  an  appeal  to  the  populus 
after  conviction  for  vis  or  majestas.3  Various  other 
measures  proposed  by  M.  Antonius  are  mentioned 
by  Cicero,3  Dion  Cassius,4  and  Appian.5 

APULETA,  gave  a  surety  an  action  against  his 
cosureties  for  whatever  he  had  paid  above  his  share. 
(Vid.  Intercessio.) 

APULETA  AGRA'RIA,  proposed  by  the  tribune 
L.  Apuleius  Saturninus,  B.C.  101. 6 

APULE'IA  FRUMENTA'RIA,  proposed  about 
the  same  time  by  the  same  tribune.7 

APULE'IA  MAJESTA'TIS.     (Vid.  Majestas.) 

AQUPLIA.     (Vid.  Damni  Injuria  Actio.) 

ATE'RNIA  TARPETA  (B.C.  441).  This  lex 
empowered  all  magistratus  to  fine  persons  who  re- 
sisted their  authority  ;  but  it  fixed  the  highest  fine 
at  two  sheep  and  thirty  cows,  or  two  cows  and 
thirty  sheep,  for  the  authorities  vary  in  this.8 

A'TIA  DE  SACERDO'TIIS  (B.C.  63),  proposed 
by  the  tribune  T.  Atius  Labienus,  repealed  the  lex 
Cornelia  de  Sacerdotiis.9 

ATPLIA.     (Vid.  Julia  Lex  et  Titia,  Tutor.) 

ATI'NIA  allowed  no  usucapion  in  a  stolen  thing.1* 
(Vid.  Furtum.) 

ATI'NIA,  of  uncertain  date,  was  a  plebiscitum 
which  gave  the  rank  of  senator  to  a  tribune.11  The 
measure  probably  originated  with  C.  Atinius,  whs 
was  tribune  B.C.  130.13 

AUFI'DI A.     ( Vid.  Ambitus.  ) 

AURE'LIA.     (Vid.  Tribune 

AURE'LIA  JUDICIA'RIA.  (Vid.  Judex,  page 
553.) 

B^E'BIA  (B.C.  192  or  180),  which  enacted  that 
four  prastors  and  six  praetors  should  be  chosen  alter 
nately  ;13  but  the  law  was  not  observed. 

OECI'LIA  DE  CENSO'RIBUS  or  CENSO'RIA 
(B.C.  54),  proposed  by  Metellus  Scipio,  repealed  a 
Clodia  lex  (B.C.  58),  which  had  prescribed  certain 
regular  forms  of  proceeding  for  the  censors  in  exer- 
cising their  functions  as  inspectors  of  mores,  and 
had  required  the  concurrence  of  both  censors  to  in- 
flict the  nota  censoria.  When  a  senator  had  been 
already  convicted  before  an  ordinary  court,  the  lex 
permitted  the  censors  to  remove  him  from  the  sen- 
ate in  a  summary  way.14 

C^ECI'LIA  DE  VECTIGA'LIBUS  (B.C.  62),  re- 
leased lands  and  harbours  in  Italy  from  the  payment 
of  taxes  and  dues  (portoria).     The  only  vectigal 

1.  (Liv.,  iv.,  24.  —  Id.,  ix.,  33.)—  2.  (Cic,  Phil.,  i.,  9.)  — 3. 
(Phil.,  i.,  1  ;  ii.,  43  ;  v.,  3,  5.)— 4.  (xliv.,  51  ;  xlv.,  9,  20,  25,  34  ; 
xlvi.,  23,  24.)— 5.  (Bell.  Civ.,  iii.,  27,  30.)  —  G.  (Liv.,  Epit.,  69. 
— Appian,  Bell.  Civ.,  i.,  29.  —  Cic,  Pro  Sextio,  16,  47.) — 7. 
(Auct.  ad  Heren.,  i.,  12.) — 8.  (Cic,  De  Rep.,  ii.,  35. — Dionys., 
x.,  50.  —  Gell.,  xi.,  1.— Festus,  s.  v.  "  Multam."— "  Ovibus."— 
"  Peculatus."  —  Niebuhr,  Hist,  of  Rom.,  ii.,  p.  300J  —  9.  (Dion 
Cass.,  xxxvii.,  37.) — 10.  (Gell.,  xvii.,  7. — Instit,  %  tit.  6,  s.  2.) 
—11.  (Gell.,  xiv.,  8.)  — 12.  (Plin.,  H.  N.,  vii.,  45.  —  Cic,  Prg 
Dom.,  47.)— 13.  (Liv.,  xl.,  44.)— 14.  (Dion  Cass.,  xl  ,  57.  —  Id., 
xxxviii..  13.— Cic,  Pro  Sextio,  25.— Dig.  50,  tit.  16,  s.  203,  D« 
Portorio.) 

68 


LEX. 


LEX. 


leinaimng  after  the  passing  of  this  lex  was  the 

Vicesima.* 

C^LCFLIA  DI'DIA  (B.C.  88)  forbade  the  propo- 
sing of  a  lex  Satura,  on  the  ground  that  the  people 
might  be  compelled  either  to  vote  for  something 
which  they  did  not  approve,  or  to  reject  something 
which  they  did  approve,  if  it  was  proposed  to  them 
in  this  manner.  This  lex  was  not  always  opera- 
tive.3    (Vid.  Lex.) 

CALPU'RNIA  DE  A'MBITU.     (Vid.  Ambitus.) 
CALPU'RNIA  DE  CONDICTIO'NE.   (Vid.  Per 

OoNDICTIONEM.) 

CALPU'RNIA  DE  REPETUNDIS.     (Vid.  Re- 

PETUNDjE.) 

CANULETA  (B.C.  445)  established  connubium 
between  the  patres  and  plebs,  which  had  been  taken 
away  by  the  law  of  the  Twelve  Tables.3 

CA'SSIA  (B.C.  104),  proposed  by  the  tribune  L. 
Cassius  Longinus,  did  not  allow  a  person  to  remain 
a  senator  who  had  been  convicted  in  a  judicium 
populi,  or  whose  imperium  had  been  abrogated,  by 
the  populus.* 

CA'SSIA,5  which  empowered  the  dictator  Caesar 
to  add  to  the  number  of  the  patricii,  to  prevent  their 
extinction. 

CA'SSIA  AGRA'RIA,  proposed  by  the  consul 
Sp.  Cassius,  B.C.  486.6 

CA'SSIA  TABELLA'RIA.  (Vid.  Tabellari^ 
Leges.) 

CA'SSIA  TERE'NTIA  FRUMENTA'RIA  (B.C. 
63),  for  the  distribution  of  corn  among  the  poor  citi- 
zens and  the  purchasing  of  it.7 

CPNCIA  DE  DONIS  ET  MUNE'RIBUS.  (Vid. 
Cincia.  Lex.) 

CLAUDIA,  a  lex  passed  in  the  time  of  the  Em- 
peror Claudius,  took  away  the  agnatorum  tutela  in 
the  case  of  women.8 

CLO'DLE,  the  name  of  various  plebiscita,  pro- 
posed by  Clodius  when  tribune,  B.C.  59. 

Clodia  de  Auspiciis  prevented  the  magistratus 
from  dissolving  the  comitia  tributa,  by  declaring 
that  the  auspices  were  unfavourable.  This  lex, 
therefore,  repealed  the  ^Elia  and  Fufia.  It  also  en- 
acted that  a  lex  might  be  passed  on  the  Dies  Fasti.9 
(Vid.  ^Elia  Lex.) 

Clodia  de  Censoribus.     (Vid.  Cjecilia.) 

Clodia  de  Civibus  Romanis  Interemptis,  to  the 
effect  that  "  qui  civem  Romanum  indcmnatum  inter- 
emisset  ei  aqua  et  igni  inter dicer ■etur."10  It  was  in 
consequence  of  this  lex  that  the  interdict  was  pro- 
nounced against  Cicero,  who  considers  the  whole 
proceeding  as  a  privilegium.11 

Clodia  Frumentaria,  by  which  the  corn,  which 
had  formerly  been  sold  to  the  poor  citizens  at  a  low 
rate,  was  given.12 

Clodia  de  Sodalitatibus  or  de  Collegiis,  re- 
stored the  sodalitia,  which  had  been  abolished  by  a 
senatus  consultum  of  the  year  B.C.  80,  and  permit- 
ted the  formation  of  new  sodalitia.13 

There  were  other  so-called  leges  Clodiae,  which 
were,  however,  privilegia. 

CCE'LIA.     (Vid.  Tabellari^e  Leges.) 

CORNE'LLE.  Various  leges  passed  in  the  dic- 
tatorship of  Sulla,  and  by  his  influence,  are  so  called. 

Agraria,  by  which  many  of  the  inhabitants  of 
Etruria  and  Latium  were  deprived  of  the  complete 
civitas  and  retained  only  the  commercium,  and  a 

1.  fDion  Cass.,  xxxvii.,  51.  —  Cic.  ad  Att.,  ii.,  16. — Id.,  ad 
Quint.  Fr.,  i.,  10.)— 2.  (Cic,  Phil.,  v.,  3.— Id.,  Pro  Dom.,  16, 
20.— Id.,  ad  Att.,  ii.,  9.)— 3.  (Liv.,  iv.,  1,  4.— Cic,  Rep.,  ii.,  37.) 
—  4.  (Ascon.  in  Cic,  Cornel.,  p.  78,  ed.  Orelli.) — 5.  (Tacit., 
Ann.,  xi.,  25.) — 6.  (Liv.,  ii.,  41. — Dionys.,  viii.,  76.) — 7.  (Cic, 
Verr.,  iii.,  70.— Id.  ib.,  v.,  21.)— 8.  (Gaius,  i.,  171.)— 9.  (Dion 
Cass.,  xxxviii.,  13. — Cic.  in  Vatin.,  17. — Id.  in  Pison.,  4,  5.)— 10. 
(Veil.  Paterc,  ii.,  45.)— 11.  (Pro  Dom.,  18,  &c— Post  Redit.  in 
Sen.,  2,  5,  &c) — 12.  (Dion  Cass.,  xxxviii.,  13. — Cic,  Pro  Dom., 
10.)— 13.  (Cic.  in  Pis.,  4.— Id.,  Pro  Sext.,  25.— Id.,  ad  Att.,  in., 
15. — Dion  Cass.,  xxxviii.,  13.) 
582 


large  part  of  their  lands  were  made  publicum,  and 
given  to  military  colonists. 

De  Falsis.     (Vid.  Falsum.) 

De  Injuriis.     (Vid.  Injuria.) 

Judiciaria.     (Vid.  Judex,  p.  553.) 

Majestatis.     ( Vid.  Majestas.) 

Nummaria.     (Vid.  Falsum.) 

De  Proscriptione  and  Proscriptis.  (Vid.  Pro* 
scriptio.) 

De  Parricidio.  (Vid.  Cornelia  Lex  de  Sica» 
riis.) 

De  Sacerdotiis.     (Vid.  Sacerdotia.) 

De  Sicariis.     (Vid.  Cornelia  Lex  de  Sicariis.! 

Sumtuari^e.     ( Vid.  Sumtuari^e  Leges.) 

Testamentaria.     (Vid.  Falsum.) 

Unciaria  appears  to  have  been  a  lex  which  low 
ered  the  rate  of  interest,  and  to  have  been  passes 
about  the  same  time  with  the  leges  Sumtuariae  at 
Sulla.1 

De  Vadimonio.     (Vid.  Vadimonium.) 

There  were  other  leges  Corneliae,  such  as  that  Cj 
Sponsoribus  (vid.  Intercessio),  which  may  be  legr^ 
of  L.  C.  Sulla. 

There  were  also  leges  Corneliae  which  were  pro- 
posed by  the  tribune  C.  Cornelius  about  B.C.  $7, 
and  limited  the  edictal  power  by  compelling  the 
praetors  jus  dicer e  ex  edictis  suis  perpetuis.3  (Vid. 
Edictum.) 

Another  lex  of  the  same  tribune  enacted  that  no 
one  "  legibus  soherctur"  unless  such  a  measure 
was  agreed  on  in  a  meeting  of  the  senate  at  which 
two  hundred  members  were  present,  and  afterward 
approved  by  the  people ;  and  it  enacted  that  no 
tribune  should  put  his  veto  on  such  a  senatus  con- 
sultum.3 

There  was  also  a  lex  Cornelia  concerning  the 
wills  of  those  Roman  citizens  who  died  in  captivity 
(apudhostes).     (Vid.  Legatum,  p.  574.) 

De  Vi  Publica.     (  Vid.  Vis  Publica.) 

CORNE'LIA  B.E-BIA  DE  AMBITTJ,  proposed 
by  the  consuls  P.  Cornelius  Cethegus  and  M.  Bae- 
bius  Tamphilus,  B.C.  181.*  This  law  is  sometimes, 
but  erroneously,  attributed  to  the  consuls  of  the 
preceding  year,  L.  iEmilius  and  Cn.  Bctbius.  (Vid. 
Ambitus.) 

DI'DIA.     (Vid.  Sumtuariae  Legus.) 

DOMFTIA  DE  SACERDO'TIIS.  (Vid.  Sacer- 
dotia.) 

DUI'LIA  (B.C.  449),  a  plebiscitum  proposed  by 
the  tribune  Duilius,  which  enacted  "  qui  plebem 
sine  tribunis  reliquisset,  quique  magistralum  sint 
provocatione  creassct,  tergo  ac  tapite  puniretur ."5 

DUI'LIA  M^E'NIA  de  uiraario  fcenore,  B.C.  357. 
The  same  tribunes,  Duiliu?  and  Maenius,  carried 
a  measure  which  was  intended  in  future  to  prevent 
such  unconstitutional  proceedings  as  the  enactment 
of  a  lex  by  the  soldiers  out  of  Rome,  on  the  propo- 
sal of  the  consul.6 

FA'BIA  DE  PLA'GIO.     (Vid.  Plagium.) 

FALCI'DIA.     (F^.Leoatum.) 
'  FA'NNIA.     (Vid.  ^umtuari^e  Leges.) 

FLAMI'NIA,  was  an  agraria  lex  for  the  distri- 
bution of  lands  in  Pic^mnn,  proposed  by  the  tribune 
C.  Flaminius  in  B.C.  228  according  to  Cicero,  or 
in  B.C.  232  accord:ng  to  Polybius.  The  latter 
date  is  the  more  provable.7 

FLA'VIA  AGRA  RIA,  B.C.  60,  for  the  distribu- 
tion of  lands  among  Pompey's  soldiers,  proposed  by 
the  tribune  L.  Flavius,  who  committed  the  consul 
Caecilius  Metellus  to  prison  for  opposing  it.8 

FRUMENTA'RLF].   Various  leges  were  so  called 


1.  (Festus,  s.  v.  Unciaria.) — 2.  (Ascon.  in  Cic,  Ccrnel.,  p. 
58. — Dion  Cass.,  xxxvi.,  23.) — 3.  (Ascon.  in  Cic.  Cornel.,  p.  57, 
58.)— 4.  (Liv.,  xl.,  19.— Schol.  Bob.  in  Cic,  Fro  Sulla,  p.  361, 
ed.  Orelli.)— 5.  (Liv.,  iii.,  55.)— 6.  (Liv.,  vii.,  16.)— 7.  (Cic, 
Acad.,  ii.,  5.— Id.,  De  Senect.,  4.— Polyb.,  ii.,  21  )— 8.  (Cic  ad 
Att.,  i.,  18, 19.— Dion  Cass.,  xxxvii.,  50.) 


LEX. 


LEX, 


which  had  for  their  object  the  distribution  of  grain 
imong  the  people  at  a  low  price  or  gratuitously. 
(Vid.  Apuleia,  Cassia  Terentia,   Clodia,  Livia, 

OCTAVIA,   SEMPRONIA.) 

FUTIA  DE  RELIGIO'NE,  B.C.  61,  was  a  priv- 
ilegium  which  related  to  the  trial  of  Clodius.1 

FUTIA  JUDICIA'RIA.     (Vid.  Judex,  p.  553.) 

FU'RIA,  or  FU'SIA  CANI'NIA,  limited  the  num- 
ber of  slaves  to  be  manumitted  by  testament.  (Vid. 
Maxumissio.) 

FU'RIA  DE  SPONSU.     (Vid.  Intercessio.) 

FU'RIA  or  FUSIA  TESTAMENTA'RIA.  (Vid. 
Leqathm.) 

GABI'NIA  TABELLA'RIA.  (Vid.  Tabella- 
rije.) 

There  were  various  Gabiniae  leges,  some  of  which 
were  privilegia,  as  that  for  conferring  extraordina- 
ry power  on  Cn.  Pompeius  for  conducting  the  war 
against  the  pirates.2 

A  Gabinia  lex,  B.C.  58,  forbade  all  loans  of  mon- 
ey at  Rome  to  legationes  from  foreign  parts  (Sala- 
minii  cum  Romcz  versuram  facere  vellent,  non  pote- 
rant,  quod  lex  Gabinia  vetabat3).  The  object  of  the 
lex  was  to  prevent  money  being  borrowed  for  the 
purpose  of  bribing  the  senators  at  Rome. 

GE'LLIA  CORNE'LIA,  B.C.  72,  which  gave  to 
Cn.  Pompeius  the  extraordinary  power  of  confer- 
ring the  Roman  civitas  on  Spaniards  in  Spain,  with 
the  advice  of  his  consilium  (de  consilii  sentential). 

GENU'CIA,  B.C.  341,  forbade  altogether  the 
taking  of  interest  for  the  use  of  money.*  Other 
plebiscita  of  the  same  year  are  mentioned  by  Livy.* 

GA'LLLE  CISALPFNJ2.     (Vid.  Rubria.) 

HIERO'NICA  was  not  a  lex  properly  so  called. 
Before  the  Roman  conquest  of  Sicily,  the  payment 
of  the  tenths  of  wine,  oil,  and  other  produce  had 
been  fixed  by  Hiero,  and  the  Roman  quaestors,  in 
letting  these  tenths  to  farm,  followed  the  practice 
which  they  found  established.7 

HORA'TIA,  proposed  by  M.  Horatius,  made  the 
persons  of  the  tribunes,  the  aediles,  and  others  sacro- 
sancti.9  Another  lex  Horatia  mentioned  by  Gel- 
lius9  was  a  privilegium. 

HORTE'NSIA  DE  PLEBISCITE.     (Vid.  Ple- 

SISCITUM.) 

Another  lex  Hortensia  enacted  that  the  nundinae, 
which  had  hitherto  been  feriae,  should  be  dies  fasti. 
This  was  done  for  the  purpose  of  accommodating 
the  inhabitants  of  the  country.10 

HOSTI'LIA  DE  FASTIS  is  mentioned  only  in 
the  Institutes  of  Justinian.11 

ICI'LIA,  B.C.  456,  by  which  the  Aventinus  was 
assigned  to  the  plebs.  This  was  the  first  instance 
of  the  ager  publicus  being  assigned  to  the  plebs.13 

Another  lex  Icilia,  proposed  by  the  tribune  Sp 
Icilius,  B.C.  470,  had  for  its  object  to  prevent  all 
interruption  to  the  tribunes  while  acting  in  the  dis- 
charge of  their  duties.     In  some  cases  the  penalty 
was  death.1' 

JU'LI^E.     (Vid.  Juli^e  Leges.) 

JU'NIA  DE  PEREGRI'NIS,  proposed  B.C.  126 
by  M.  Junius  Pennus,  a  tribune,  banished  peregrini 
from  the  city. 

A  lex  of  C.  Fannius,  consul,  B.C.  122,  contained 
the  same  provisions  respecting  the  Latini  and  Itali- 
ci ;  and  a  lex  of  C.  Papius,  perhaps  B.C.  65,  con- 
tained the  same  respecting  all  persons  who  were 
not  domiciled  in  Italy.1*  - 

1.  (Cic.  ad  Att.,  i.,  13,  16.)— 2.  (Cic,  Pro  Lege  Manil.,  17.— 
Veil.  Paterc.  ii.,  31. — Dion  Cass.,  xxxvi.,  6. — Pfut.,  Pomp.,  25.) 
—  3.  (Cic.  ad  Att.,  v.,  21.— Id.  ib.,  vi.,  1,  2.) — 4.  (Cic,  Pro 
Balbo,  8,  14.)— 5.  (Liv.,  vii.,  42.)— 6.  (vii.,  42.)— 7.  (Cic,  Verr., 
ii.,  13,  26,  60.— Id.  ib.,  iii.,  6,  &c)— 8.  (Liv.,  iii.,  55.)— 9.  (vi., 
7.)— 10.  (Macrob.,  i.,  16.— Plin.,  II.  N.',  xviii.,  3.)— 11.  (iv.,  tit. 
10.)— 12.  (Liv.,  iii.,  21,  32.— Dionys.,  x.,  32.— Niebuhr,  Hist,  of 
Ron™,  ii.,  p.  299.)— 13.  (Dionvs.,  vii.,  17.— Cic,  Pro  Sextio,  37. 
-Ni'ibuhr,  ii.,  p.  231.)— 14.  (Cic,  De  Off.,  iii.,  11.— Prut.,  26, 
ta  — De  Leg.  Agi.,  i.,4.— Festus,  s.  v.  Respublicaa.) 


JU'NIA  LICFNIA.  (Vid.  Licinia  Junia.) 
JU'NIA  NORBA'NA,  of  uncertain  date,  but  prob. 
ably  about  A.D.  17,  enacted  that  when  a  Roman 
citizen  had  manumitted  a  slave  without  the  requi- 
site formalities,  the  manumission  should  not  in  all 
cases  be  ineffectual,  but  the  manumitted  person 
should  have  the  status  of  a  Lalinus.1   (Vid.  Latini- 

TAS,  LlBERTUS.) 

JU'NIA  REPETUNDA'RUM.     (Vid.   Repetun- 

VJE.) 

JU'NIA  VELLE'IA,  A.D.  8,  allowed  a  postumus 
to  be  instituted  heres,  if  he  should  be  born  in  the 
lifetime  of  the  testator.  It  also  so  far  modified  the 
old  law,  that  a  person  who,  by  the  death  of  a  heres 
institutus,  after  the  testator  had  made  his  will,  be- 
came a  heres  quasi  agnascendo,  did  not  break  the 
will  if  he  was  instituted  heres.3 

L^ETO'RIA.     (Vid.  Curator.) 

Sometimes  the  lex  proposed  by  Volero  for  elect 
ing  plebeian  magistrates  at  the  comitia  tributa  is 
cited  as  a  lex  Laetoria.3 

LICFNIA  DE  SODALI'TIIS.     ( Vid.  Ambitus.} 

LICFNIA  JU'NIA,  or,  as  it  is  sometimes  called, 
Junia  et  Licinia,  passed  in  the  consulship  of  L. 
Licinius  Murena  and  Junius  Silanus,  B.C.  62,  en- 
forced the  Cascilia  Didia,  in  connexion  with  which 
it  is  sometimes  mentioned.* 

LICFNIA  MU'CIA  DE  CIVIBUS  REGUNDIS, 
passed  in  the  consulship  of  L.  Licinius  Crassus  and 
Q.  Mucius  Scaevola,  B.C.  95,  which  enacted  a  strict 
examination  as  to  the  title  to  citizenship,  and  de- 
prived of  the  exercise  of  civic  rights  all  those  who 
could  not  make  out  a  good  title  to  them.  This 
measure  partly  led  to  the  Marsic  war.5 

LICFNIA    SUMTUA'RIA.      (Vid.    Sumtuarij* 

LICI'NLE  ROGA'TIONES.     (Vid.  Rogatioxes 

LlCIM^E.) 

LI'VLE  were  various  enactments  proposed  by 
the  tribune  M.  Livius  Drusus,  B.C.  91,  for  estab- 
lishing colonies  in  Italy  and  Sicily,  distributing 
corn  among  the  poor  citizens  at  a  low  rate,  and  ad- 
mitting the  foederatae  civitates  to  the  Roman  civitas. 
Ke  is  also  said  to  have  been  the  mover  of  a  law 
for  adulterating  silver  by  mixing  with  it  an  eighth 
part  of  brass.6  Drusus  was  assassinated,  and  the 
senate  declared  that  all  his  leges  were  passed  con- 
tra auspicia,  and  were  therefore  not  leges.7 

LUTA'TIA  DE  VI.     (Vid.  Vis.) 

]VLE'NIA  LEX  is  only  mentioned  by  Cicero,8 
who  says  that  M.  Curius  compelled  the  patres 
"  ante  auctores  fieri,"  in  the  case  of  the  election  of 
a  plebeian  consul,  "which,"  adds  Cicero,  "was  a 
great  thing  to  accomplish,  as  the  lex  Maenia  was 
not  yet  passed."  The  lex  therefore  required  the 
patres  to  give  their  consent,  at  least  to  the  election 
of  a  magistratus,  or,  in  other  words,  to  confer,  or 
agree  to  confer,  the  imperium  on  the  person  whom 
the  comitia  should  elect.  Livy9  appears  to  refer 
to  this  law.  It  was  probably  proposed  by  the  trib- 
une Maenius,  B.C.  287. 

MAJESTA'TIS.     (Vid.  Majestas.) 

MAMI'LIA  DE  COLO'NIIS.  The  subject  of  this 
lex  and  its  date  are  fully  discussed  by  Rudorff,19 
who  shows  that  the  lex  Mamilia,  Roscia,  Peducaea, 
Alliena,  Fabia,  is  the  same  as  the  "  lex  Agraria 
quam  Gaius  Caesar  tulit,"11  and  that  this  Gaius 
Caesar  is  the  Emperor  Caligula. 

MANI'LIA,  proposed  by  the  tribune  C.  Manilius, 

1.  (Gaius,  i.,  16,  17,  22.— Id.,  iii.,  56.— Ulp.,  Frag.,  tit.  1.)— 2. 
(Gaius,  ii.,  134.— Ulp.,  Frag.,  xxii.,  19.)— 3.  (Liv.,  ii.,  50,  57.)— 
4.  (Cic,  Pro  Sextio,  64;  Phil.,  v.,  3  ;  ad  Att.,  ii.,  9;  iv.,  16; 
in  Vatin.,  14.) -5.  (Cic,  De  Off.,  iii.,  11.— Id.,  Brut.,  16.— Id., 
Pro  Balb.,  21,  24.)— 6.  (Plin.,  II.  N.,  xxxiii.,  3.)— 7.  (Cic,  Leg., 
ii.,  6,  12.— Id.,  Pro  Dom.,  16. —Liv.,  Epit.,  71.— Appian,  Bell. 
Civ.,  i.,  35. — Ascon.  in  Cic,  Cornel.,  p.  62.) — 8.  (Brutus,  14.)— 
9.  (i.,  17.)-  1U.  (Zeitschnft,  vol.ix.)— 11.  (Dig.  47,  tit.  21.,  s.  3J 

583 


LEX. 


LEX. 


B.C.  66,  was  a  privilegium  by  which  was  conferred 
on  Pompey  the  command  in  the  war  against  Mith- 
radates.  The  lex  was  supported  by  Cicero  when 
praetor.1 

The  leges  Manilianse,  mentioned  by  Cicero,2  were 
evidently  not  leges  proper,  but  probably  forms  which 
it  was  prudent  for  parties  to  observe  in  buying  and 
selling. 

MA'NLIA,  also  called  LICFNIA,  B.C.  196,  cre- 
ated the  triumviri  epulones.3 

MA'NLIA  DE  VICE'SIMA.     (Vid.  Vicesima.) 

MA'RCIA,  probably  about  the  year  B.C.  352, 
'  adversus  feneratores."4 

MA'RCIA,  an  agrarian  law  proposed  by  the  trib- 
une L.  Marcius  Philippus,  B.C.  104.5 

MA'RIA,  proposed  by  Marius  when  tribune,  B.C. 
119,  for  narrowing  the  pontes  at  elections.6 

ME'MMIA  or  RE'MMIA.     ( Vid.  Calumnia.) 

ME'NSIA.  This  lex  enacted  that  if  a  woman 
who  was  a  Roman  citizen  (civis  Romano)  married 
a  peregrinus,  the  offspring  was  a  peregrinus.  If 
there  was  connubium  between  the  peregrinus  and 
the  woman,  the  children,  according  to  the  principle 
of  connubium,  were  peregrini,  as  the  legal  effect  of 
connubium  was  that  children  followed  the  condi- 
tion of  their  father  (liberi  semper  patrem  sequuntur). 
If  there  were  no  connubium,  the  children,  accord- 
ing to  another  rule  of  law,  by  which  they  followed 
the  condition  of  the  mother,  would  have  been  Ro- 
man citizens ;  and  it  was  the  object  of  the  law  to 
prevent  this.7 

MINU'CIA,  B.C.  216,  created  the  triumviri  men- 
sarii.8 

OCT  A' VI  A,  one  of  the  numerous  leges  frumen- 
tarise  which  repealed  a  Sempronia  Frumentaria. 
It  is  mentioned  by  Cicero9  as  a  more  reasonable 
measure  than  the  Sempronia,  which  was  too  pro- 
fuse. 

OGU'LNIA,  proposed  by  the  tribunes  B.C.  300, 
increased  the  number  of  pontifices  to  eight  and 
that  of  the  augurs  to  nine  ;  it  also  enacted  that  four 
of  the  pontifices  and  five  of  the  augurs  should  be 
taken  from  the  plebes.10 

O'PPIA.     (Vid.  Sumtuari^e  Leges.) 

O'RCHIA.     (Vid.  Sumtuari^e  Leges.) 

OVFNIA,  of  uncertain  date,  was  a  plebiscitum 
which  gave  the  censors  certain  powers  in  regula- 
ting the  lists  of  the  senators  (ordo  senatorius) :  the 
main  object  seems  to  have  been  to  exclude  all  im- 
proper persons  from  the  senate,  and  to  prevent 
their  admission,  if  in  other  respects  qualified.11  The 
lex  Ovinia  of  Gaius,12  if  the  reading  is  right,  was 
perhaps  a  different  lex. 

PA'PIA  DE  PEREGRFNIS.  (Vid.  Junia  de 
Peregrinis.) 

PA'PIA  POPP.EA.     (Vid.Jvhua  Leges.) 

A  lex  Papia  on  the  manner  of  choosing  the  vestal 
virgins  is  mentioned  by  Gellius  ;13  but  the  reading 
appears  to  be  doubtful,  and  perhaps  it  ought  to  be 
called  lex  Popilia. 

PAPFRIAor  JU'LIA  PAPFRIADE  MULCTA'- 
RUM  ^ESTIMATIONE  (B.C.  430),  fixed  a  money 
value  according  to  which  fines  were  paid,  which 
formerly  were  paid  in  sheep  and  cattle.14  Gellius15 
and  Festus16  make  this  valuation  part  of  the  Ater- 
nian  law  {vid.  Aternia  Tarpeia),  but  in  this  they 
appear  to  be  mistaken,  according  to  Niebuhr.17 

PAPFRIA,  by  which  the  as  was  made  semunci- 


1.  (De  Lege  Manilla. — Plut.,  Pomp.,  30. — Dion  Cass.,  xxxvi., 
25.)— 2.  (DeOr.,i.,  58.)— 3.  (Liv.,  xxxiii.,  42.— Cic,  De  Or.,  iii., 
19.)  —  4.  (Gaius,  iv.,  23.—  Liv.,  vii.,  21.)  —5.  (Cic.,  De  Off.,  ii., 
21.)— 6.  (Cic,  De  Leg.,  iii.,  17.— Piut.,  Mar.,  4.)— 7.  (Gaius,  i., 
78.— Ulp.,  Frag.,  v.,  tit.  8.)— 8.  (Liv.,  xxiii.,  21.)— 9.  (Brut.,  62. 
— De  Off.,  ii.,  21.)  — 10.  (Liv.,  x.,  6-9.)  —  11.  (Festus,  s.  v. 
"  Pnetehti  Senatores."— Cic,  De  Leg.,  iii.,  12.)— 12.  (iv.,  109.) 
—13.  (i.,  12  )  —  14.  (Liv.,  iv.,  30.—  Cic,  De  Rep.,  ii.,  35.)— 15. 
iii.,  1.)— 16  (s.  v.  Peculatus.)— 17.  (Hist,  of  Rome,  ii.,  p.  300.) 
384 


alis,1  one  of  the  various  enactments  whion  tarn. 
pered  with  the  coinage. 
PAPFRIA,  B.C.  332,  proposed  by  the  praetoi 

Papirius,  gave  the  Acerrani  the  civitas  without  the 
suffragium.  It  was  properly  a  privilegium,  but  is 
useful  as  illustrating  the  history  of  the  extension  of 
the  civitas  Romana.2 

PAPFRIA,  of  uncertain  date,  enacted  that  no 
eedes  should  be  declared  consecrate  without  a  ple- 
biscitum (injussu  Plebis3). 

PAPFRIA  PLAU'TIA,  a  plebiscitum  of  the  year 
B.C.  89,  proposed  by  the  tribunes  C.  Papirius  Car- 
bo  and  M.  Plautius  Silvanus,  in  the  consulship  of 
Cn.  Pompeius  Strabo  and  L.  Porcius  Cato,  is  called 
by  Cicero4  a  lex  of  Silvanus  and  Carbo.5 

PAPFRIA  POETE'LIA.     (Vid.  Poetelia.) 

PAPFRIA  TABELLARIA.  (Vid.  Tabellari^: 
Leges.) 

PEDUC^EA,  B.C.  113,  a  plebiscitum,  seems  to 
have  been  merely  a  privilegium,  and  not  a  general 
law  against  incestum.6 

PESULA'NIA  provided  that  if  an  animal  did  any 
damage,  the  owner  should  make  it  good  or  give  up 
the  animal.7  There  was  a  general  provision  to  this 
effect  in  the  Twelve  Tables,8  and  it  might  bo  in- 
ferred from  Paulus  that  this  lex  extended  the  pro- 
visions of  the  old  law  to  dogs. 

PETRE'IA,  a  lex  under  this  title,  De  Decima 
tione  Militum,  in  case  of  mutiny,  is  mentioned  by 
Appian.9 

PETRO'NIA,  probably  passed  in  the  reign  of 
Augustus,  and  subsequently  amended  by  various 
senatus  consulta,  forbade  a  master  to  deliver  up  his 
slave  to  fight  with  wild  beasts.  If,  however,  the 
master  thought  that  his  slave  deserved  such  a  pun- 
ishment, he  might  take  him  before  the  authorities 
(judex),  who  might  condemn  him  to  fight  if  he  ap- 
peared to  deserve  it.10 

PINA'RIA11  related  to  the  giving  of  a  judex  with 
in  a  limited  time. 

PL^ETO'RIA.     (Vid.  Curator.) 

PLAU'TIA  or  PLO'TIA  DE  VI.     (Vid.  Vis.) 

PLAUTIA  or  PLO'TIA  JUDICIA'RIA  is  men- 
tioned by  Asconius12  as  having  enacted  that  fifteen 
persons  should  be  annually  taken  from  each  tribe 
to  be  placed  in  the  album  judicum. 

POETE'LIA,  B.C.  358,  a  plebiscitum,  was  the 
first  lex  against  ambitus.1 3 

POETE'LIA  PAPFRIA,  B.C.  326,  made  an  im- 
portant change  in  the  liabilities  of  the  Nexi.14  ( Vid. 
Nexi.) 

POMPELE.    There  were  various  leges  so  called 

POMPEIA,  proposed  by  Cn.  Pompeius  Strabo, 
the  father  of  Cn.  Pompeius  Magnus,  probably  in  his 
consulship,  B.C.  89,  gave  the  jus  Latii  or  Latinitas 
to  all  the  towns  of  the  Transpadani,  and  probablv 
the  civitas  to  the  Cispadani.15 

POMPEIA  DE  A'MBITU.     (Vid.  Ambitus.) 

POMPEIA  JUDICIA'RIA.     (Fid.  Judex.) 

POMPEIA  DE  JURE  MAGISTRA'TUUM16  foi- 
bade  a  person  to  be  a  candidate  for  public  offices 
(pctitio  honorum)  who  was  not  at  Rome  ;  but  J.  Cae- 
sar was  excepted.  This  was,  doubtless,  the  old 
law,  but  it  had  apparently  become  obsolete. 

POMPEIA  DE  PARRICI'DIIS.  (Vid.  Corne- 
lia DE  SlCARIIS.) 

POMPEIA   TRIBUNFTIA  (B.C.  70)  restored 

1.  (Plin.,  H.  N.,  xxxiii.,  3.)— 2.  (Liv.,  viii.,  17.)— 3.  (Cic,  Pra 
Dom.,  49.) — 4.  (Pro  Archia,  4.)— 5.  (Vid.  Civitas,  Fcederatji 
Civitates,  and  Savigny,  "  Volksschluss  der  Tafel  von  Herac- 
lea,"  Zeitschrif%  ix.) — 6.  (Cic,  De  Nat.  Deor.,  iii.,  30. — Ascoa. 
in  Cic,  Mil.,  p.  46.)— 7.  (Paulus,  S.  R.,  1, 15,  s.  1, 3.)— 8.  (Dirk, 
sen,  Uebersicht,  &c,  p.  532.)  — 9.  (De  Bell.  Civ.,  ii.,  47.)— 10. 
(Dig.  48,  tit.  8,  s.  11  ;  18,  tit.  1,  s.  42.  —  GelL,  v.,  14.)  — 11. 
(Gams,  iv.,  15.)  —  12.  (In  Cic.  Cornel.,  p.  79.)  — 13.  (Liv.,  vii., 
15.)— 14.  (Liv.,  viii.,  28.)— 15.  (Savigny,"  Volksschluss  der  Tafel 
von  Heraclea,"  Zeitschrift,  ix.) — 16.  (Suet.,  Jul.,  28. — Dion  Cast 
xl.,  56. — Cic.  ad  Att.,  viii.,  3.) 


LEX. 


LEX. 


the  Otd  tribunitia  potestas,  which  Sulla  had  neait iy 
destroyed.1     (Vid.  Tribuxi.) 

POMPEIA  DE  VI  was  a  privilegium,  and  only 
/eferred  to  the  case  of  Milo.8 

POPI'LIA.     (Vid.  Papia.) 

PO'RCLE  DE  CA'PITE  CIVIUM  or  DE  PRO- 
VOCATIO'NE  enacted  that  a  Roman  citizen  should 
not  be  scourged  or  put  to  death.3 

PO'RCIA  DE  PROVFNCIIS  (about  B.C.  198). 
The  passage  in  Livy4  ("  Sumtus  quos  in  cultum 

f)r<rl3rum"  &c.)  is  supposed  to  refer  to  a  Porcia 
ex,  to  which  the  plebiscitum  De  Thermensibus  re- 
fers ;  and  the  words  quoted  by  Cicero5  ("  Ne  quis 
emat  mancipium")  are  taken,  as  it  is  conjectured, 
from  this  Porcia  lex. 

PUBLPCIA  permitted  betting  at  certain  games 
which  required  strength,  as  running  and  leaping.6 

PUBLFLIA  DE  SPONSO'RIBUS.  (Vid.  In- 
tercession 

PUBLPLLE  of  the  dictator  Q.  PubliKus  Philo, 
B.C.  339. 7     (Vid.  Publili^e  Leges.) 

PUBLPLLE  LEGES  of  the  tribune  Q.  Volero 
Publilius,  B.C.  472.     (Vid.  Publiloe  Leges.) 

PU'PIA,  mentioned  by  Cicero,8  seems  to  have 
enacted  that  the  senate  could  not  meet  on  comiti- 
ales  dies. 

QUPNTIA  was  a  lex  proposed  by  T.  Quintius 
Crispinus,  consul  B.C.  9,  and  enacted  by  the  popu- 
ius  for  the  preservation  of  the  aquseductus.  The 
lex  is  preserved  by  Frontinus.9 

RE'GIA.     (Vid.  Regia  Lex.) 

RE'GLE.     (Vid.  Jos  Civile  Papirianum.) 

RE'MMIA.     (Vid.  Calumnia.) 

REPETUNDA'RUM.     (Vid.  Repetund*:.) 

RHO'DIA.  The  Rhodians  had  a  maritime  code 
which  was  highly  esteemed.  Some  of  its  provis- 
ions were  adopted  by  the  Romans,  and  have  thus 
been  incorporated  into  the  maritime  law  of  Euro- 
pean states.  Strabo10  speaks  of  the  wise  laws  of 
Rhodes  and  their  admirable  policy,  especially  in 
naval  matters  ;  and  Cicero11  to  the  same  effect. 
The  Digest12  contains  so  much  of  the  lex  Rhodiorum 
as  relates  to  j  actus,  or  the  throwing  overboard  of 
goods  in  order  to  save  the  vessel  or  remainder  of 
the  cargo.  This  lex  Rhodiorum  de  Jactu  is  not  a 
lex  in  the  proper  sense  of  the  term. 

RO'SCIA  THEATRA'LIS,  proposed  by  the  trib- 
une L.  Roscius  Otho,  B.C.  67,  which  gave  the 
equites  a  special  place  at  the  public  spectacles  in 
fourteen  rows  or  seats  (in  quatuordecim  gradibus 
sive  ordinibus)  next  to  the  place  of  the  senators, 
which  was  in  the  orchestra.  This  lex  also  as- 
signed a  certain  place  to  spendthrifts  (decoctores13). 
The  phrase  "  sedere  in  quartuordccim  ordinibus" 
is  equivalent  to  having  the  proper  census  eques- 
tris  which  was  required  by  the  lex.  There  are 
numerous  allusions  to  this  lex,1*  which  is  some- 
times simply  called  the  Lex  of  Otho,15  or  referred  to 
by  his  name.16  This  lex  is  supposed  by  some  wri- 
ters to  have  been  enacted  in  the  consulship  of  Ci- 
cero, B.C.  fi3.17     (Vid.  Julia  Lex  Theatralis.) 

RU'BRIA.  The  province  of  Gallia  Cisalpina 
ceased  to  be  a  provincia,  and  became  a  part  of  Ita- 
lia about  the  year  B.C.  43.  When  this  change 
took  place,  it  was  necessary  to  provide  for  the  ad- 
ministration of  justice,  as  the  usual  modes  of  pro- 
vincial administration  would  cease  with  the  deter- 
mination of  the  provincial  form  of  government. 

1.  (Sue-i  Jul.,  5.  — Veil.  Paterc,  ii.,  30.)— 2.  (Cic,  Phil.,  ii., 
9. —  Asccn.  Hnd  Schol.  Bob.  in  Argumen.  Milon.)  — 3.  (Liv.,  x., 
».— Cic.,De  Rep.,  ii.,  31.-1(1.,  Pro  Rabir.,  3,  4.)— 4.  (xxxii.,27.) 
—  5.  (Verr.,  ii.,  4,  5.)— 6.  (Dig.  11,  tit.  5.)— 7.  (Liv.,  viii.,  12.) 
— S.  (ad  Quint.  Fr.,  ii.,  13;  ad  Fam.,  i.,  4.)  — 9.  (De  Aque- 
duct. Roman.)— 10.  (p.  652,  Casaub.)— 11.  (Pro  Leg.  Manil.,  c. 
18.)— 12.  (14.  tit.  2.)  — 13.  (Cic,  Phil.,  ii.,  18.)  — 14.  (Dion, 
xxxvi.,  25.  —  Veil.  Paterc,  ii.,  32.—  Liv.,  Epit.,  99.  —  Cic,  Pro 
Murana,  19.)— 15.  (Juv.,  xiv.,  324.)  —  16.  (Hor.,  Epod.,  i».,  16.) 
—17.  (ad  Att.,  ii.,  1.) 
4E 


This  was  effected  by  a  lex,  the  name  of  which  1 
unknown,  but  a  large  part  of.it,  on  a  bronze  tablet, 
is  preserved  in  the  Museum  at  Parma.  This  lex 
arranged  the  judiciary  establishment  of  the  former 
provincia,  and  appointed  n.  viri  and  iv.  viri  juri  di- 
cundo  :  a  praefectus  Mutinensis  is  also  mentioned 
in  the  lex.  In  two  passages  of  this  lex,1  a  lex  Ru- 
bria  is  mentioned,  which,  according  to  some,  is  an 
earlier  lex,  by  which  Mutina  was  made  a  praefec- 
tura ;  and,  according  to  others,  the  lex  Rubria  ia 
this  very  lex  De  Cisalpina.  This  subject  is  dis- 
cussed by  Savigny2  and  by  Puchta.3 

This  lex  has  been  published  several  times ;  the 
latest  edition  is  "  Tavola  legislatives  dclla  Gallia  Cis- 
alpina ritrovata  in  Vcleia  ct  restituita  alia  sua  vera 
lezione  da  D.  Pietro  de  Lama,  Parma,  1820."  We 
only  possess  the  end  of  the  nineteenth  chapter  of 
this  lex,  which  treats  of  the  Novi  Operis  Nuntiatio ; 
the  twentieth  chapter,  on  the  Damnum  Infectum,  is 
complete ;  the  twenty-first  treats  of  Pecunia  Certa 
Credita,  but  only  of  Execution  ;  the  twenty-second 
treats  in  like  manner  of  similar  actions ;  there  is 
only  the  beginning  of  the  twenty-fourth,  which  treats 
of  the  division  of  an  hereditas  (qvei  de  familia  eer- 
ceiscunda  deividunda  ivdicivm  sibei  darei  reddeive,  &c, 
postulaverint,  &c).  The  matter  of  thisk  lex,  there- 
fore, so  far  as  we  know  it,  purely  concerns  proce- 
dure, as  Puchta  remarks. 

RUPPLLE  LEGES  (B.C.  131)  were  the  regula- 
tions established  by  P.  Rupilius  and  ten  legati  foT 
the  administration  of  the  province  of  Sicily,  after 
the  close  of  the  first  servile  war.  They  were  made 
in  pursuance  of  a  consultum  of  the  senate.  Cicero4 
speaks  of  these  regulations  as  a  decretum  of  Rupili- 
us (quod  is  de  decern  legatorum  sententia  statuit), 
which  he  says  they  call  lex  Rupilia ;  but  it  wae 
not  a  lex  proper.  The  powers  given  to  the  com- 
missioners by  the  lex  Julia  Municipalis  were  of  a 
similar  kind. 

SACRA'TJE,  mentioned  by  Livy5  and  by  Cice- 
ro.6 Leges  were  properly  so  called  which  had  for 
their  object  to  make  a  thing  or  person  sacer,  as  in 
Livy7  (de  sacrando  cum  bonis  capite  ejus  qui,  &c). 
The  consecratio  was  in  fact  the  sanction  by  which 
a  lex  was  to  be  enforced.8  In  the  latter  case  it 
was  the  opinion  of  the  jurisconsulti  (juris  interpre- 
tes)  that  the  lex  did  not  make  "  sacrosancti"  the 
persons  for  whose  protection  it  was  designed,  but 
that  it  made  "  sacer"  (sacrum  sanxit)  any  one  who 
injured  them ;  and  this  interpretation  is  certainly 
consistent  with  the  terms  of  the  lex.9 

A  lex  Sacrata  Militaris  is  also  mentioned  by 
Livy,10  but  the  sanction  of  the  lex  is  not  stated. 

SA'TURA.     (Vid.  Lex,  p.  580.) 

SCANTPNIA,  proposed  by  a  tribune  :  the  date 
and  contents  are  not  known,  but  its  object  was  to 
suppress  unnatural  crimes.  It  existed  in  the  time 
of  Cicero.11  The  lex  Julia  de  Adulteriis  considered 
this  offence  as  included  in  stuprum,  and  it  was  pun- 
ishable with  a  fine ;  but  by  the  later  imperial  con- 
stitution the  punishment  was  death.13 

SCRIBO'NIA.  The  date  and  whole  import  o! 
this  lex  are  not  known  ;  but  it  enacted  that  a  right 
to  servitutes  should  not  be  acquired  by  usucapion," 
from  which  it  appears  that  the  law  was  once  dif- 
ferent. A  "  libertas  servitutum"  could  be  gained 
by  usucapion,  or,  rather,  disuse,  for  the  lex  only 
applied  to  that  usucapion  which  established  a  servi- 
tus  (servitutem  constituebat),  and  not  to  that  so-call- 
ed usucapion  which  took  away  the  right  (sustulil 


1.  (c  ix.,  1.  29,  38.)— 2.  (Zeitschrift,  ix.)— 3.  (Zeitscnnft,  x.  • 
"  Ueber  den  Inhalt  der  Lex  Rubria  de  Gallia  Cisalpina.") — 4. 
(In  Verr.,  lib.  ii.,  13,  16.)— 5.  (ii.,  54.)— 6.  (De  Off.,  iii.,  33.)— 7 
(ii.,  8.)— 8.  (Liv.,  iii.,  55.)— 9.  (Festus,  s.  v.  Sacratae  leges.) — 10 
(vii.,  41.)— 11.  (Auson.,  Epig.,  89.— Juv.,  ii.,  44.— Cic.  ad  Fam.. 
viii.,  12,  14.)— 12.  (Suet.,  Dom.,  8.— Paulus,  S.  R.,  ii  ,  tjt.  26 
s.  13.)— 13.  (Dig  41,  tit.  3,  s.  4,  $  29.) 

585 


IEX. 


LIdANOTIS. 


terviiutem).  It  is,  perhaps,  doubtful  if  the  passage 
of  Cicero1  should  be  alleged  in  proof  of  this  usuca- 
pion formerly  existing. 

SEMPRO'NLE.  Various  leges  proposed  by  the 
Gracchi  were  so  named.     (Vid.  Sempronl/e  Le- 

UES.) 

SEMPRO'NIA  DE  FCE'NORE,  B.C.  193,  was  a 
plebiscitum  proposed  by  the  tribune  M.  Sempronius,3 
which  enacted  that  the  law  (jus)  about  money  lent 
(pecunia  iredita)  should  be  the  same  for  the  Socii 
and  Latini  (Socii  ac  nomen  Latinum)  as  for  Roman 
citizens.  The  object  of  the  lex  was  to  prevent 
Romans  from  lending  money  in  the  name  of  the 
Socii,  who  were  not  bound  by  the  fenebres  leges. 
The  lex  could  obviously  only  apply  within  the  ju- 
risdiction of  Rome. 

SERVI'LIA  AGRA'RIA,  proposed  by  the  tribune 
P.  S.  Rullus  in  the  consulship  of  Cicero,  B.C.  63, 
was  a  very  extensive  agraria  rogatio.  It  was  suc- 
cessfully opposed  by  Cicero  ;3  but  it  was  in  sub- 
stance carried  by  J.  Caesar,  B.C.  59  (vid.  Julia  Lex 
Agraria),  and  is  the  lex  called  by  Cicero  lex  Cam- 
pana,4  from  the  public  land  called  Ager  Campanus 
being  assigned  under  this  lex. 

SERVI'LIA  GLAU'CIA  DE  CIVITA'TE.  (Vid. 

T\,FPFTTTTVD 7V  ^ 

SERVI'LIA  GLAU'CIA  DE  REPETUNDIS. 
(Vid.  Repetund^e.) 

SERVI'LIA  JUDICIA'RIA,  B.C.  106.  See  the 
article  Judex,  p.  553,  and  the  various  passages  in 
Cicero.5  It  is  assumed  by  some  writers  that  a  lex 
of  the  tribune  Servilius  Glaucia  repealed  the  Ser- 
vilia  Judiciaria  two  years  after  its  enactment.6 

SI'LIA.7  The  legis  actio  called  condictio  was 
established  by  this  lex  in  the  case  when  the  demand 
was  a  determinate  sum  of  money  (certa  pecunia). 

SILVA'NI  ET  CARBO'NIS.  (F^.Papiria 
Plautia.) 

SULPI'CLE,  proposed  by  the  tribune  P.  Sulpici- 
us  Rufus,  a  supporter  of  Marius,  B.C.  88,  enacted 
the  recall  of  the  exiles,  the  distribution  of  the  new 
citizens  and  the  libertini  among  the  thirty-five  tribes, 
that  the  command  in  the  Mithradatic  war  should 
be  taken  from  Sulla  and  given  to  Marius,  and  that 
a  senator  should  not  contract  debt  to  the  amount  of 
more  than  2000  denarii.8  The  last  enactment  may 
have  been  intended  to  expel  persons  from  the  sen- 
ate who  should  get  in  debt.  All  these  leges  were 
repealed  by  Sulla.9 

SULPI'CIA  SEMPRO'NIA,  B.C.  304.  No  name 
is  given  to  this  lex  by  Livy,10  but  it  was  probably 
proposed  by  the  consuls.  It  prevented  the  dedica- 
tio  of  a  templum  or  altar  without  the  consent  of 
the  senate  or  a  majority  of  the  tribunes.11 

SUMTUA'RLE.     (Vid.  Sumtuari^e  Leges.) 

TABELLA'RLE.     (Vid.  Tabellari^e  Leges.) 

TARPE'IA  ATE'RNIA.     (Vid.  Aternia   Tar- 

PEIA.) 

TERENTI'LIA,  proposed  by  the  tribune  C.  Ter- 
entilius,  B.C.  462,  but  not  carried,  was  a  rogatio 
which  had  for  its  object  an  amendment  of  the  con- 
stitution, though  in  form  it  only  attempted  a  limita- 
tion of  the  imperium  consulare.13  This  rogatio 
probably  led  to  the  subsequent  legislation  of  the 
Decemviri. 

TESTAMENTA'RLE.  Various  leges,  such  as 
the  Cornelia,  Falcidia,  Furia,  and  Voconia,  regula- 
ted testamentary  dispositions. 

THO'RIA.  The  importance  of  this  lex  requires 
that  it  should  have  a  separate  notice.  (Vid.  Tho- 
ria  Lex.) 


1.  (Pro  Caecin.,  26.)— 2.  (Liv.,  xxxv.,  7.)— 3.  (In  Rullum.)— 4. 
(ad  Att.,  ii.,  18.)— 5.  (Brut.,  43, 44,  63,  86.)— 6.  (Cic,  Brut.,  62.) 
-7.  (Gaius,  iv.,  19.)— 8.  (Plat.,  Sull.,  8.)— 9.  (App.,  Bell.  Civ., 
i.,  55.— Liv.,  Epit.,  77.)— 10.  (ix.,  46.)— 11.  (Coir  me  Gaius,  a  . 
5-7.)— 12.  (Liv.,  iii.,  9.) 
5^6 


Tl  TIA,  similar  in  its  provisions  to  the  lex  Puo- 
licia. 

TI'  TIA  DE  TUTO'RIBUS.  ( Vid.  Julia  Lex  n 
Titia,  and  Gaius,  i.,  195.) 

TREBO'NIA,  a  plebiscitum  proposed  by  L.  Tre- 
bonius,  B.C.  448,  which  enacted  that  if  the  ten  trib- 
unes were  not  chosen  before  the  comitia  were  dis- 
solved, those  who  were  elected  should  not  fill  up 
the  number  (co-optare),  but  that  the  comitia  should 
be  continued  till  the  ten  were  elected.2 

TRIBUNI'TIA.     (Vid.  Tribunitia  Lex.) 

TU'LLIA  DE  A'MBITU.     (Vid.  Ambitus.) 

TU'LLIA  DE  LEGATIO'NE  LI'BERA.  (Vid. 
Legatus,  p.  576.) 

VALERFJE  of  P.  Valerius  Publicola.  ( Vid.  V^ 
leri^e  Leges.) 

VALE'RIA  HORA'TIA.     (Vid.  Plebiscitum.) 

VA'RIA.     (Vid.  Majestas.) 

VATI'NIA  DE  PROVFNCIIS  was  the  enact- 
ment by  which  J.  Caesar  obtained  the  province  of 
Gallia  Cisalpina  with  Illyricum  for  five  years,  to 
which  the  senate  added  Gallia  Transalpina.  This 
plebiscitum  was  proposed  by  the  tribune  Vatinius.' 
A  Trebonia  lex  subsequently  prolonged  Caesar's 
imperium  for  five  years. 

VATI'NIA.     (Vid.  Repetund^e.) 

VATI'NIA  DE  COLONIS,  under  which  the  Lat- 
ina  Colonia  (vid.  Latinitas)  of  Novum-Comum  in 
Gallia  Cisalpina  was  planted,  B.C.  59.* 

LEGES  DE  VI.     ( Vid.  Vis.) 

VIA'RIA.  A  Viaria  lex  which  Cicero  says5  the 
tribune  C.  Curio  talked  of;  but  nothing  more  seems 
to  be  known  of  it. 

Some  modern  writers  speak  of  leges  Viariae,  but 
there  do  not  appear  to  be  any  leges  properly  so  call- 
ed. The  provisions  as  to  roads  in  many  of  the 
agrarian  laws  were  parts  of  such  leges,  and  had  no 
special  reference  to  roads.6 

VICESIMA'RIA.     (Vid.  Vicesimaria.) 

VFLLIA  ANNA'LIS.     (Vid.  ^diles,  p.  25.) 

VISE'LLIA  made  a  man  liable  to  a  criminal 
prosecution  who,  being  a  Latinus,  assumed  to  exer- 
cise the  rights  of  an  ingenuus.7 

VOCO'NIA.     ( Vid.  Voconia  Lex.) 

This  list  of  leges  may  not  be  quite  complete,  and 
the  dates  of  some  of  them  may  not  be  perfectly  ac- 
curate. Still  it  contains  all  the  leges  that  are  of 
any  importance  for  the  understanding  of  Roman 
History  and  Jurisprudence.  Those  which  are  not 
specially  noticed  here  are  referred  to  their  prop- 
er heads,  particularly  when  there  are  many  leges 
relating  to  one  subject,  as  ambitus,  repetundae,  &c. 
Several  of  the  Roman  leges  were  modified  by  sen- 
atus  consulta.  The  senatus  consulta,  which  are 
properly  laws,  are  enumerated  under  Senatus  Con- 
sultum. 

LEXIARCHICON.     (Vid.  Demus,  p.  348.) 

LEXIARCHOI.     (Vid.  Ecclesia,  p.  385.) 

LEXIS.     (Vid.  Dice,  p.  358.) 

*LIBANO'TIS  (lu6avG)Tic),  a  plant,  our  Rosema 
ry.  The  Greek  name  is  derived  from  Xt,6avoc,  "  in- 
cense," and  has  reference  to  the  strong  aromatic 
odour  emitted  ;  the  latin  name  Rosmarinus,  which 
the  poets  commonly  write  as  two  words,  Ros  mari- 
nus,  alludes  to  the  circumstance  of  the  plant's  being 
"  used  by  the  ancients  in  sprinkling,  as  we  read  in 
the  Scriptures  of  hyssop,  and  of  its  growing  in  pla- 
ces near  the  seacoast.  Virgil  is  supposed  to  be  the 
first  author  who  mentions  it  by  the  name  of  Ros 
(marinus).  Theophrastus  describes  two  species, 
the  first,  or  ?.t6avcjTtc  unapTcoc,  is  the  true  Rosmari- 
nus officinalis ;  the  other,  the  A.  nupTUftog,  is  the  Ath- 

1.  (Dig.  11,  tit  5,  s.  3.)— 2.  (Liv.,ii.,  64,  65.)— 3.  (Dion  Cas»., 
xxxviii.,  8. — Appian,  Bell.  Civ.,  ii.,  13. — Suet.,  Jul.,  22. — Velt 
Paterc,  ii.,  44.)— 4.  (Suet.,  Jul.,  28.)— 5.  (ad  Fam.,  viii.) — 6 
(Frontinus,  De  Coloniis.) — 7.  (Cod.  ix.,  tit.  21.) 


LIBELLUS. 


LIBER. 


arnanta  libxnotis,  according  to  Stacdiouse.  Spren- 
gel  is  decidedly  of  opinion  that  the  first  species  of 
Dioscorides  is  the  Cachrys  libanotis ;  the  second, 
the  Ferula  nodijlora;  the  third  he  hesitates  about 
admitting  as  the  Prenanthe  purpurea.''-1 

*LIBANOTUS  {MdavuTog),  Frankincense.  The 
name,  however,  is  also  applied  to  the  Frankincense- 
tree  itself.  "  Forskael,  the  Danish  traveller,"  ob- 
serves Adams,  "gave  the  name  of  Amyris  Kataf  to 
the  Frankincense-tree,  and  Colebrook  calls  it  Bos- 
icellia  turifera.  However,  as  Stackhouse  and  Spren- 
gel  state,  there  is  still  great  uncertainty  about  the 
tree  which  produces  the  frankincense.  Dr.  Harris 
remarks,  that  'what  is  called  "pure  incense"  is  no 
doubt  the  same  as  the  mascula  thura  of  Virgil.'  Dr. 
Martyn  farther  states,  that  the  ancients  called  the 
best  sort  of  incense  '  male.'  A  late  writer  on  this 
class  of  medicinal  substances,  Dr.  Maton,  says, 
1  Some  authors  have  considered  the  genuine  7.16a- 
voq  (Thus)  to  have  been  obtained  from  the  Junipe- 
rus  Lycia,  and  to  constitute  the  Olibanum  of  our 
shops,  but  I  cannot  find  any  passage  in  the  ancient 
authors  sufficiently  precise  to  corroborate  this  con- 
jecture.' According  to  Ammonius  and  the  scholi- 
ast on  Aristophanes,  the  tree  is,  properly  speaking, 
to  be  named  ?u6avoc,  and  the  term  Xi6dv(aTog  is  to 
be  restricted  to  the  Frankincense  itself.  Theo- 
phrastus,  however,  does  not  use  the  terms  in  this 
sense."2 

LIBATIO.     (Vid.  Sacrificium.) 

LIBELLA.     (Vid.  Denarius.) 

LIBELLUS  is  the  diminutive  form  of  liber,  and 
signifies,  properly,  a  little  book.  A  libellus  was 
distinguished  from  other  kinds  of  writing  by  being 
written,  like  our  books,  by  pages,  whereas  other 
writings  were  written  transversa  charta.3  A  libel- 
lus, however,  did  not  necessarily  consist  of  several 
pages.  It  was  used  by  the  Romans  as  a  technical 
term  in  the  fallowing  cases  : 

1.  Libelli  accusalorum  or  accusatorii  were  the  writ- 
ten accusations  which  in  some  cases  a  plaintiff, 
after  having  received  the  permission  to  bring  an  ac- 
tion against  a  person,  drew  up,  signed,  and  sent  to 
the  judicial  authorities,  viz.,  in  the  city  to  the  prae- 
tor, and  in  a  province  to  the  proconsul.*  (Compare 
Actio,  p!  17.)  The  form  in  which  a  libellus  accu- 
satorius  was  to  be  written  is  described  byUlpian  in 
a  case  of  adultery.5  The  accuser  had  to  sign  the 
libellus,  and  if  he  could  not  write,  he  was  obliged 
to  get  somebody  else  to  do  it  for  him.  If  the  libel- 
ous was  not  written  in  the  proper  legal  form,  it  was 
invalid,  but  the  plaintiff  had  still  the  right  to  bring 
the  same  action  again  in  its  legal  form.6 

2.  Libelli  famosi  were  what  we  call  libels  or  pas- 
quinades, intended  to  injure  the  character  of  per- 
sons. A  law  of  the  Twelve  Tables  inflicted  very 
severe  punishments  on  those  who  composed  defam- 
atory writings  against  any  person.7  During  the 
latter  part  of  the  Republic  this  law  appears  to  have 
been  suspended,  for  Tacitus8  says  that,  previous  to 
the  time  of  Augustus,  libels  had  never  been  legally 
punished,9  and  that  Augustus,  provoked  by  the  au- 
dacity with  which  Cassius  Severus  brought  into 
disrepute  the  most  illustrious  persons  of  the  age, 
ordained,  by  a  lex  majestatis,  that  the  authors  of 
libelli  famosi  should  be  brought  to  trial.  On  this 
occasion,  Augustus,  who  was  informed  of  the  exist- 
ence of  several  such  works,  had  a  search  made  at 

1.  (Theophrast.,  II.  P.,  ix.,  11.  —  Dioscor.,  iii.,  79.— Virg., 
Georg.,  ii.,  213. — Adams,  Append.,  s.  v.)— 2.  (Theophrast.,  H. 
P.,  ix.,  4. — Dioscor.,  i.,  81. — Asiatic  Researches,  vol.  ix.,  p.  377. 
— Aristoph.,  Plut.,  703,  with  schol. — Adams,  Append.,  s.  v.) — 3. 
(Suet.,  Jul.,  56.)— 4.  (Cod.  9,  tit.  2,  s.  8.— Dig.  48,  tit.  5,  s.  2, 
17,  29  ;  47,  tit.  2,  s.  74.)— 5.  (Dig.  48,  tit.  2,  s.  3.)— 6.  (Juv.,  vi., 
244,  &c— Tacit.,  Ann.,  iii.,  44.— Plin.,  Epist.,  vii.,  27.— Com- 
pare Brisson,  De  Form.,  v.,  c.  187,  &c.) — 7.  (Cic,  De  Repub., 
iv.,  10.— Arnob..iv.,p.  151.)— 8.  (Ann., i.,  72.)— 9.  (Compare  Cic. 
ad  F?m.,  iii.,  11. » 


Rome  by  the  aediles,  and  in  other  places  by  the 
local  magistrates,  and  ordered  the  libels  to  be  burn- 
ed ;  some  of  the  authors  were  subjected  to  punish 
ment.1  A  law  quoted  by  Ulpian8  ordained  that  the 
author  of  a  libellus  famosus  should  be  intestabilis  , 
and  during  the  latter  period  of  the  Empire  we  find 
that  capital  punishment  was  not  only  inflicted  upon 
the  author,  but  upon  those  persons  in  whose  pos- 
session a  libellus  famosus  was  found,  or  who  did 
not  destroy  it  as  soon  as  it  came  into  their  hands.' 

3.  Libellus  memorialis,  a  pocket  or  memorandum 
book.*  The  libellus,  from  which  Cicero5  commu- 
nicates a  memorandum  of  Brutus,  appears  to  have 
been  a  book  of  this  kind. 

4.  The  word  libellus  was  also  applied  to  a  varie- 
ty of  writings,  which  in  most  cases,  probably,  con- 
sisted of  one  page  only : 

a.  To  short  letters  addressed  to  a  person  for  the 
purpose  of  cautioning  him  against  some  danger 
which  threatened  his  life,6  and  to  any  short  letters 
or  reports  addressed  to  the  senate  or  private  indi- 
viduals.7 

b.  To  the  bills  called  libelli  gladialorii  or  munera 
rii,  which  persons  who  gave  gladiatorial  exhibitions 
distributed  among  the  people.     ( Vid.  Gladiatores, 
p.  476.) 

c.  To  petitions  to  the  emperors.8  The  emperors 
had  their  especial  officers  or  secretaries  who  at- 
tended to  all  petitions  (libellis  prcefectus9),  and  who 
read  and  answered  them  in  the  name  of  the  em- 
peror.10   Such  a  libellus  is  still  extant."11 

d.  To  the  bill  of  appeal  called  libellus  appellatorius, 
which  a  person  who  did  not  acquiesce  in  a  judicial 
sentence  had  to  send  in  after  the  lapse  of  two  or 
three  days.12 

e.  To  the  bills  stuck  up  in  the  most  frequented 
parts  of  the  city,  in  case  of  a  debtor  having  ab- 
sconded.13 Such  bills  were  also  stuck  upon  the 
estates  of  such  a  debtor,  and  his  friends  who  wished 
to  pay  for  him  sometimes  pulled  down  such  bills.1* 

/.  To  bills  in  which  persons  announced  to  the 
public  that  they  had  found  things  which  had  been 
lost,  and  in  which  they  invited  the  owner  to  claim 
his  property.15  The  owner  gave  to  the  finder  a 
reward  (evperpa),  and  received  his  property  back. 
Sometimes  the  owner  also  made  known  to  the  pub- 
lic by  a  libellus  what  he  had  lost,  stated  his  name 
and  residence,  and  promised  to  give  a  reward  to  the 
person  who  found  his  property  and  brought  it  back 
to  him.16 

LIBER  (0i6liov),  a  Book.  The  most  common 
material  on  which  books  were  written  by  the  Greeks 
and  Romans  was  the  thin  coats  or  rind  (liber,  whence 
the  Latin  name  for  a  book)  of  the  Egyptian  papyrus. 
This  plant  was  called  by  the  Egyptians  Byblos  (/3v- 
61oc),  whence  the  Greeks  derived  their  name  for  a 
book  (flifjliov).  It  formed  an  article  of  commerce 
long  before  the  time  of  Herodotus,17  and  was  exten- 
sively used  in  the  western  part  of  Europe,  as  is 
proved  by  the  number  of  rolls  of  papyri  found  at 
Herculaneum.  In  the  sixth  century  of  the  Christian 
aera  the  duty  on  imported  papyrus  was  abolished  by 
Theodoric  the  Great,  on  which  occasion  Cassiodo- 
rus  wrote  a  letter,18  in  which  he  congratulates  the 
world  on  the  cessation  of  a  tax  so  unfavourable  to 
the  progress  of  learning  and  of  commerce.  The 
papyrus-tree  grows  in  swamps  to  the  height  of  ten 
feet  and  more,  and  paper  was  prepared  from  the 

1.  (Dion  Cass.,  lvi.,  27.)— 2.  (Dig-.  47,  tit.  10,  s.  5.)— 3.  (Cod. 
9,  tit.  36.)— 4.  (Suet.,  Jul.,  56.)— 5.  (ad  Att.,  vi.,  1,  t)  5.)— 6. 
(Suet.,  Jul.,  81— Id.,  Calig-.,  15.)— 7.  (Suet.,  Jul.,  56.— Id.,  Oc- 
tav.,  84.— Cic.  ad  Fam.,  xi.,  11.)— 8.  (Suet.,  Octav.,  53.— Mart., 
viii.,  31,  3  ;  82,  1.)— 9.  (Dig-.  20,  tit.  5.)— 10.  (Suet.,  Domit.,  14./ 
—11.  (Vid.  Gruter,  Inscript.,  p.  dcvii.,  1.)— 12.  (Dig.  40,  tit.  I.) 
—13.  (Cic,  Pro  Quinct.,  6,  15,  19.— Rein,  Rom.  Privatr.,  p 
499.)— 14.  (Senec,  De  Benef.,  iv.,  12.)— 15.  (Plaut.,  Rud.,  t„ 
2,  7.  &c— Dig-.  47,  tit.  2,  s.  44.)— 16.  (Propert.,  iii.,  21,  21,  &c. 
—17.  (v.,  58.)— 18.  (xi..  38.) 

587 


LIBER. 


LIBERTUS. 


tfiia  coats  or  pellicles  which  surround  the  plant  in 
the  following  manner  according  to  Pliny.1  The  dif- 
lerent  pieces  were  joined  together  by  the  turbid 
Nile  water,  as  it  has  a  kind  of  glutinous  property. 
A  layer  of  papyrus  (scheda  or  philyra)  was  laid  flat 
on  a  board,  and  a  cross  layer  put  over  it ;  and  being 
thus  prepared,  the  layers  were  pressed,  and  after- 
ward dried  in  the  sun.  The  sheets  were  then 
fastened  or  pasted  together,  the  best  being  taken 
first,  and  then  the  inferior  sheets.  There  were 
never  more  than  twenty  in  a  scapus  or  roll.  The 
papyri  found  in  Egyptian  tombs  differ  very  much  in 
length,  but  not  much  in  breadth,  as  the  breadth  was 
probably  determined  by  the  usual  length  of  the  strips 
taken  from  the  plant.  The  length  might  be  carried 
to  almost  any  extent  by  fastening  one  sheet  to  an- 
other. The  writing  was  in  columns,  with  a  blank 
slip  between  them.2  The  form  and  general  appear- 
ance of  the  papyri  rolls  will  be  understood  from  the 
following  woodcut,  taken  from  paintings  found  at 
Pompeii.3 


1  ^s'.oifw.cj  ravi ^"tVi 


The  paper  (charta)  made  from  the  papyrus  was 
of  different  qualities.  The  best  was  called  after 
Augustus,  the  second  after  Livia,  the  third,  which 
was  originally  the  best,  was  named  Hieratica,  be- 
cause it  was  appropriated  to  the  sacred  books.  The 
finest  paper  was  subsequently  called  Claudia,  from 
the  Emperor  Claudius.  The  inferior  kinds  were 
called  Ampkitheatrica,  Saltica,  Leneotica,  from  the 
places  in  Egypt  where  it  was  made,  and  also  Fan- 
niana,  from  one  Fannius,  who  had  a  celebrated  man- 
ufactory at  Rome.  The  kind  called  Emporetica 
was  not  fit  for  writing,  and  was  chiefly  used  by 
merchants  for  packing  their  goods,  from  which  cir- 
cumstance it  obtained  its  name.* 

Next  to  the  papyrus,  parchment  (membrana)  was 
the  most  common  material  for  writing  upon.  It  is 
said  to  have  been  invented  by  Eumenes  II.,  king  of 
Pergamus,  in  consequence  of  the  prohibition  of  the 
export  of  papyrus  from  Egypt  by  Ptolemy  Epipha- 
nes.5  It  is  probable,  however,  that  Eumenes  intro- 
duced only  some  improvement  in  the  manufacture 
of  parchment,  as  Herodotus  mentions  writing  on 
skins  as  common  in  his  time,  and  says  that  the 
Ionians  had  been  accustomed  to  give  the  name  of 
skins  (ditydtpat)  to  books.6  Other  materials  are 
also  mentioned  as  used  for  writing  on,  but  books 
appear  to  have  been  almost  invariably  written  either 
upon  papyrus  or  parchment. 

The  ancients  wrote  usually  on  only  one  side  of 
the  paper  or  parchment,  whence  Juvenal7  speaks  of 
an  extremely  long  tragedy  as 

"  summi  plena  jam  margine  libri 
Scriptus  et  in  tergo  necdum  jinitus  Orestes." 

Such  works  were  called  Opistographi*  and  are  also 
said  to  be  written  in  aversa  charta.9 

The  back  of  the  paper,  instead  of  being  written 
upon,  was  usually  stained  with  saffron  colour  or  the 
cedrus10  (crocece  membrana  tabella11).  We  learn  from 
Ovid  that  the  cedrus  produced  a  yellow  colour.18 

1.  (H.  N.,  xiii.,  23.) — 2.  (Egyptian  Antiquities,  vol.  ii.,  ch.  7, 
Lond.,  1836.)  — 3.  (Gell,  Pompeii,  p.  187.)— 4.  (Plin.,  H.  N., 
Xiii.,  23,  24.)— 5.  (Plin.,  H.  N.,  xiii.,  21.)— o.  (v.,  58.)— 7.  (i.,  5.) 
—8.  (Plin.,  Epist.,  iii.,  5  )— 9.  (Mart.,  viii.,  62.)— 10.  (Luoian, 
Up4s  arrctiS.,  16,  vol.  iii.,  p.  113.)— 11.  (Juv.,  vii.,  23.— Pers., 
in.,  100—12.  (Ovid,  Trist.,  iii.,  1,  13.) 
588 


As  paper  and  parchment  were  dear,  it  was  fire* 
quently  the  custom  to  erase  or  wash  out  writing  of 
little  importance,  and  to  write  upon  the  paper  or 
parchment  again,  whhh  was  then  called  Palimp- 
sestus  (naXifiip^aroc).  This  practice  is  mentioned 
by  Cicero,1  who  praises  his  friend  Trebatius  for 
having  been  so  economical  as  to  write  upon  a  pa- 
limpsest, but  wonders  what  those  writings  could 
have  been  which  were  considered  of  less  importance 
than  a  letter.* 

The  paper  or  parchment  was  joined  together  so 
as  to  form  one  sheet,  and  when  the  work  was  fin- 
ished, it  was  rolled  on  a  staff,  whence  it  was  called 
a  volumen ;  and  hence  we  have  the  expression  evol- 
vere  librum.3  When  an  author  divided  a  work  into 
several  books,  it  was  usual  to  include  only  one  book 
in  a  volume  or  roll,  so  that  there  were  generally  the 
same  number  of  volumes  as  of  books.  Thus  Ovid* 
calls  his  fifteen  books  of  Metamorphoses  "  mutata 
ter  quinque  volumina  forma."5  When  a  book  was 
long,  it  was  sometimes  divided  into  two  volumes  ; 
thus  Pliny6  speaks  of  a  work  in  three  books,  "  in  sex 
volumina  propter  amplitudinem  divisi." 

In  the  papyri  rolls  found  at  Herculaneum,  the 
stick  on  which  the  papyrus  is  rolled  does  not  pro- 
ject from  the  papyrus,  but  is  concealed  by  it. 
Usually,  however,  there  were  balls  or  bosses,  orna- 
mented or  painted,  called  umbilici  or  cornua,  which 
were  fastened  at  each  end  of  the  stick,  and  projected 
from  the  papyrus.7  The  ends  of  the  roll  were  care- 
fully cut,  polished  with  pumice-stone,  and  coloured 
black ;  they  were  called  the  gemina  frontes* 

To  protect  the  roll  from  injury,  it  was  frequently 
put  in  a  parchment  case,  which  was  stained  with  a 
purple  colour,  or  with  the  yellow  of  the  lutum. 
Martial9  calls  such  a  covering  a  purpurea  toga. 
Something  of  the  same  kind  is  meant  by  the  Greek 
sittybcB  (oLTTv6ai10),  which  Hesychius  explains  by 
depfiarivai  cro2.ai. 

The  title  of  the  book  (titulus,  index)  was  written 
on  a  small  strip  of  papyrus  or  parchment  with  a 
light  red  colour  (coccum  or  minium).  Winkelmann 
supposed  that  the  title  was  on  a  kind  of  ticket  sus- 
pended to  the  roll,  as  is  seen  in  the  paintings  at 
Herculaneum  (see  woodcut),  but  it  was  most  prob- 
ably stuck  on  the  papyrus  itself.11  We  learn  from 
Seneca12  and  Martial13  that  the  portraits  of  the  au- 
thors were  often  placed  on  the  first  page  of  the 
work.1*    Compare  the  articles  Atramentum,  Bibu- 

OPOLA,  BlBLIOTHECA,  CALAMUS,   CaPSA,  STYLUS. 

LIBERA'LIA.     (Vid.  Dionysia,  p.  366.) 
LIBERATES  CAUSA.     (Vid.  Assertor.) 
LFBERI.     (Vid.  Ingenui,  Libertus.) 
LIBEROHUM  JUS.     (Vid.  Julia  et  Papia  Pop- 
fma.  Lex.) 

LIBERTUS,  LIBERTFNUS.  Freemen  (liberi) 
were  either  ingenui  (vid.  Ingenui)  or  libertini.  Lib- 
ertini  were  those  persons  who  had  been  released 
from  legal  servitude  (qui  ex  justa  servitute  manumis' 
si  sunt16).  A  manumitted  slave  was  libertus  (that  is, 
liberatus)  with  reference  to  his  master ;  with  refer- 
ence to  the  class  to  which  he  belonged  after  manu- 
mission, he  was  libertinus.  According  to  Suetonius, 
libertinus  was  the  son  of  a  libertus  in  the  time  of 
the  censor  Appius  Claudius,  and  for  some  time 
after  ;16  but  this  is  not  the  meaning  of  the  word  in 
the  extant  Roman  writers. 

There  were  three  modes  of  legitima  manumissio, 
the  vindicta,  the  census,  and  the  testamentum :  if 

1.  (ad  Fam.,  vii.,  18) — 2.  (Compare  Catull.,  xxii.,  5. — Mar 
tial,xiv.,7.)— 3.  (Cic.  ad  Att.,ix.,  10.)— 4.  (Trist.,  i.,  1,  117.)— 4 
(Compare  Cic,  Tusc,  iii.,  3.— Id.,  ad  Fam.,  xvii.,  17.) — 6.  (Ep 
iii.,  5.)— 7.  (Martial,  iii.,  2.— Id.,  v.,  6,  15.— TibuH.,  iii.,  1,  13.— 
Ovid,  Trist.,  i.,  1,  8.)— 8.  (Ovid,  1.  c.)— 9.  (x.,  93.)— 10.  (Cie 
ad  Att.,  iv.,  5.)— 11.  (Compare  Tibull.,  1.  c.)— 12.  (De  Tranq. 
An.,  9.)— 13.  (xiv.,  186.)— 14.  (Becker,  G;Jlus,  i.,  p    163-174) 
—15.  (Gaius,  i.,  11.)— 16.  (Claud.,  c.  21  ) 


LIBERIES 


LIBRA 


the  manumitted  slave  was  above  thirty  years  of 
age,  if  he  was  the  quiritarian  property  of  his  mas- 
ter, and  if  he  was  manumitted  in  proper  form  (legit- 
ime, justa  et  legitima  manumissionc),  he  became  a 
civis  Romanus  :  if  any  of  these  conditions  were 
wanting,  he  became  a  Latinus,  and  in  some  cases 
only  a  dediticius.  (Vid.  Manumissio.)  Thus  there 
were,  as  Ulpian  observes,  three  kinds  of  liberti: 
cives  Romani,  Latini  Juniani,  and  dediticii. 

The  status  of  a  civis  Romanus  and  that  of  a  dedi- 
ticius have  been  already  described.  (Vid.  Civitas, 
Dediticii.) 

Originally,  slaves  who  were  so  manumitted  as 
not  to  become  cives  Romani,  were  still  slaves ;  but 
the  praetor  took  them  under  his  protection,  and 
maintained  their  freedom,  though  he  could  not  make 
them  cives  Romani.  The  lex  Junia  gave  them  a 
certain  status,  which  was  expressed  by  the  phrase 
Latini  Juniani :  they  were  called  Latini,  says  Gaius,1 
because  they  were  put  on  the  same  footing  as  the 
Latini  coloniarii,  and  Juniani,  because  the  Junia 
lex  gave  them  freedom,  whereas  before  they  were 
by  strict  law  (ex  jure  Quiritium)  slaves.  Gaius2 
says  that  the  lex  Junia  declared  such  manumitted 
persons  to  be  as  free  as  if  they  had  been  Roman 
citizens  by  birth  (cives  Romani  ingenui),  who  had 
gone  out  from  Rome  to  join  a  Latin  colony,  and 
thereby  had  become  Latini  coloniarii :  this  passage, 
which  is  not  free  from  difficulty,  is  remarked  on  by 
Savigny.3 

A  Latinus  could  attain  the  civitas  in  several 
ways.*  (Vid.  Latinitas.)  As  the  patria  potestas 
was  a  jus  peculiar  to  Roman  citizens,  it  followed 
that  a  Latinus  had  not  the  patria  potestas  over  his 
children.  If,  however,  he  had  married  either  a 
Latina  and  had  begotten  a  child,  who  would,  of 
course,  be  a  Latinus,  or  had  married  a  Roman  civis, 
and  had  begotten  a  child,  which,  by  a  senatus  con- 
sultum  of  Hadrian,  would  be  a  Romanus  civis,  he 
might,  by  complying  with  the  provisions  of  the  lex 
iElia  Sentia,  in  the  former  case  obtain  the  civitas 
for  himself,  his  wife,  and  child,  and  in  both  cases 
acquire  the  patria  potestas  over  his  child  just  as  if 
the  child  had  been  born  in  justae  nuptiae.5 

In  considering  the  legal  condition  of  libertini,  it 
is  necessary  to  remember  that  even  those  who  were 
cives  Romani  were  not  ingenui,  and  that  their  pa- 
troni  had  still  certain  rights  with  respect  to  them. 
The  Latini  were  under  some  special  incapacities ; 
for  the  lex  Junia,  which  determined  their  status, 
neither  gave  them  the  power  of  making  a  will,  nor 
of  taking  property  under  a  will,  nor  of  being  named 
tutores  in  a  will.  They  could  not,  therefore,  take 
either  as  heredes  or  legatarii,  but  they  could  take 
by  way  of  fideicommissum.6  The  sons  of  libertini 
were  ingenui,  but  they  could  not  have  gentile  rights ; 
and  the  descendants  of  libertini  were  sometimes 
taunted  with  their  servile  origin.7 

The  law  which  concerns  the  property  (bona)  of 
libertini  may  be  appropriately  considered  under  Pa- 
tecvua  :  see  also  Ingenui. 

L1BKRTUS  (GREEK)  (' kTzelevdepoe),  a  freed- 
man.  It  was  not  unfrequent  for  a  master  at  Athens 
to  restore  a  slave  to  freedom,  or  to  allow  him  to 
purchase  it.  The  state  into  which  a  slave  thus  en- 
tered was  called  dne?i.evdepia,  and  he  was  said  to  be 
xatf  eavTov.6  It  is  not  quite  certain  whether  those 
persons  who  are  termed  oi  xopic.  oIkovvtec9  were 
likewise  freedmen,  as  the  grammarians  assert,  or 
whether  they  were  persons  yet  in  slavery,  but  living 
separated  from  their  master's  household  ;  but  in 
Demosthenes10  the  expression  xupk  ft*e*  is  evident- 

1.  (i.,  22;  iii.,  56.)— 2.  (iii.,  56.)— 3.  (Zeitschrift,  ix.,  p.  320.) 
—4.  (Gaius,  i.,  28,  &c— Ulp.,  Frag.,  tit.  3.)— 5.  (Gaius,  i.,  30, 
66.)—$.  (Gaius,  i.,  24.)— 7.  (Hor.,  Senn.,  i.,  6,  46.)— 8.  (De- 
mosth.,  Pro  Phorm.,  p.  945.)— 9.  (Demosth.,  Philip.,  i.,  j    50.) 

10.  (c.  Euerg.  et  Mnesib.,  p   1161.) 


ly  used  as  synonymous  with  "  he  has  been  emanci- 
pated." A  slave,  when  manumitted,  entered  iota 
the  status  of  a  [aetoikgc  (vid.  Metoiccs),  and,  &a 
such,  he  had  not  only  to  pay  the  fxeroiKiov,  but  a 
triobolon  in  addition  to  it.  This  triobolon  was 
probably  the  tax  which  slaveholders  had  to  pay  fcn 
the  Republic  for  each  slave  they  kept,  so  that  the 
triobolon  paid  by  freedmen  was  intended  to  indem- 
nify the  state,  which  would  otherwise  have  lost  by 
every  manumission  of  a  slave.1  The  connexion  of 
a  freedman  with  his  former  master  was,  however, 
not  broken  off  entirely  on  his  manumission,  for  he 
had  throughout  his  life  to  regard  him  as  his  patron 
(TTpoGTurnc),  and  to  fulfil  certain  duties  towards  him. 
In  what  these  duties  consisted  beyond  the  obliga 
tion  of  showing  gratitude  and  respect  towards  his 
deliverer,  and  of  taking  him  for  his  patron  in  all  his 
affairs,  is  uncertain,  though  they  seem  to  have  been 
fixed  by  the  laws  of  Athens.2  Whether  the  rela- 
tion existing  between  a  person  and  his  freedman 
descended  to  the  children  of  the  latter,  is  likewise 
unknown.  That  a  master,  in  case  his  freedman 
died,  had  some  claims  to  his  property,  is  clear  from 
Isaeus.3  The  neglect  of  any  of  the  duties  which  » 
freedman  had  towards  his  former  master  was  pros- 
ecuted by  the  uTroaraaiov  dinrj.  (Vid.  AII02TA 
2IOT  A1KH.) 

The  Spartans  likewise  restored  their  slaves  somo 
times  to  freedom,  but  in  what  degree  such  freedmeji 
partook  of  the  civic  franchise  is  not  known.  That 
they  could  never  receive  the  full  Spartan  franchise 
is  expressly  stated  by  Dion  Chrysostomus  ;*  but 
Miiller5  entertains  the  opinion  that  Spartan  freed- 
men,  after  passing  through  several  stages,  might  in 
the  end  obtain  the  full  franchise  ;  this  opinion, 
however,  is  more  than  doubtful.  Spartan  freedmen 
were  frequently  used  in  the  armies  and  in  the  fleet, 
and  were,  according  to  Myro,6  designated  by  the 
names  of  atyerai,  adecxoroi,  kpvK-fjpec,  deonoaiovav 
rat,  and  veoda/uodeic.. 
LIBITLNA'RII.  (Vid.  Fuwrs,  p.  459.) 
LIBRA,  dim.  LIBELLA  (arad/iioc),  a  Balance,  a 
pair  of  Scales.  The  principal  parts  of  this  instru- 
ment were,  1.  The  beam  (vid.  Jugdm),  whence  any- 
thing which  is  to  be  weighed  is  said  vtto  Cyybv  dva- 
fk-fjd-nvaL,  literally,  "  to  be  thrown  under  the  beam."7 
2.  The  two  scales,  called  in  Greek  Takavra%  and 
TrlacTiyye,9  and  in  Latin  lances.10  (Vid.  Lanx.) 
Hence  the  verb  Ta/Mvrevo)  is  employed  as  equiva- 
lent to  oTadfidu  and  to  the  Latin  libro,  and  is  applied 
as  descriptive  of  an  eagle  balancing  his  wings  in 
the  air.11  The  beam  wras  made  without  a  tongue, 
being  held  by  a  ring  or  other  appendage  (ligula, 
(yvfia),  fixed  in  the  centre.  (See  the  woodcut.) 
Specimens  of  bronze  balances  may  be  seen  in  the 
British  Museum,  and  in  other  collections  of  anti- 
quities, and  also  of  the  steelyard  (vid.  Statera), 
which  was  used  for  the  same  purpose  as  the  libra. 
The  woodcut  to  the  article  Catena  shows  some  ol 
the  chains  by  which  the  scales  are  suspended  from 
the  beam.  In  the  works  of  ancient  art,  the  balance 
is  also  introduced  emblematically  in  a  great  variety 
of  ways.  Cicero12  mentions  the  balance  of  Critola- 
us,  in  which  the  good  things  of  the  soul  were  put 
into  one  scale,  and  those  of  the  body  and  all  exter- 
nal things  into  the  other,  and  the  first  was  found  to 
outweigh  the  second,  though  it  included  both  earth 

1.  (B6ckh,  Publ.  Econ.  of  Athens,  ii.,  p.  48.)— 2.  (Meyer 
and  Schom.,  Att.  Proc,  p.  473,  &c. — Petit.,  Legg.  Att.,  ii.,  6,  p. 
261. — Compare  Plato,  De  Leg.,  xi.,  p.  915.) — 3.  (De  Nicostr. 
haered.,  c.  9. — Rhetor,  ad  Alex.,  i.,  16. — Compare  Bunsen,  De 
Jur.  heered.  Ath.,  p.  51.)— 4.  (Orat.,  xxxvi.,  p.  448,  B.)  —  5 
(Dor.,  iii.,  3,  i)  5.)— 6.  (ap.  Athen.,  vi.,  p.  271.)— 7.  (^Elian,  V. 
II.,  x.,  6.)— 8.  (Horn.,  II.,  viii.,  69.— Id.  ib.,  xii.,  433.— Id.  ib, 
xvi.,  659.— Id.  ib.,  xix.,  223.—  Id.  ib.,  xxii.,  209.—  Aristoph.. 
Ran.,  809.)— 9.  (Aristoph.,  Ran.,  1425.)— 10.  (Vug.,  JEn.,  x;i- 
725.— Pers.,  iv.,  10.— Cic,  Acad.,iv..  12.)— 11.  (Fhdostrat.  Jim 
Imag .,  6.— Welcker,  ad  loc.)— 12.  (Tusc,  v.,  17.) 

589 


LIBRA. 


LIBRA, 


and  sea.  In  Egyptian  paintings  the  balance  is  often 
introduced  for  the  sake  of  exhibiting  the  mode  of 
comparing  together  the  amount  of  a  deceased  man's 
merits  and  of  his  defects.    The  annexed  woodcut 


is  taken  from  a  beautiful  bronze,  patera,  representing 
Mercury  and  Apollo  engaged  in  exploring  the  fates 
of  Achilles  and  Memnon,  by  weighing  the  attendant 
genius  of  the  one  against  that  of  the  other.1  A  bal- 
ance is  often  represented  on  the  reverse  of  the  Ro- 
man imperial  coins ;  and,  to  indicate  more  distinctly 
its  signification,  it  is  frequently  held  by  a  female  in 
her  right  hand,  while  she  supports  a  cornucopia  in 
her  left,  the  words  ^eqvitas  avgvsti  being  inscribed 
on  the  margin,  so  as  to  denote  the  justice  and  im- 
partiality with  which  the  emperors  dispensed  their 
bounty. 

The  constellation  libra  is  placed  in  the  zodiac  at 
the  equinox,  because  it  is  the  period  of  the  year  at 
which  day  and  night  are  equally  balanced.3 

The  mason's  or  carpenter's  level  was  called  libra 
or  libella  (whence  the  English  name)  on  account  of 
its  resemblance  in  many  respects  to  a  balance.3 
Hence  the  verb  libro  meant  to  level  as  well  as 
to  weigh.  The  woodcut  to  the  article  Circinus, 
which  is  inserted  sideways,  shows  a  libella  fabrilis 
baving  the  form  of  the  letter  A,  and  the  line  and 
plummet  (perpendiculum)  depending  from  the  apex. 

LIBRA  or  AS,  a  pound,  the  unit  of  weight 
among  the  Romans  and  Italians.  Many  ancient 
specimens  of  this  weight,  its  parts  and  multiples, 
have  come  down  to  us ;  but  of  these  some  are  im- 
perfect, and  the  rest  differ  so  much  in  weight  that 
no  satisfactory  conclusion  can  be  drawn  from  them. 
The  difference  between  some  of  these  specimens  is 
as  much  as  two  ounces.  An  account  of  some  of 
the  most  remarkable  of  them  is  given  by  Hussey* 
and  Bockh.5  This  variety  is  to  be  accounted  for 
partly  by  the  well-known  carelessness  of  the  Ro- 
mans in  keeping  to  their  standards  of  weights,  and 
partly  by  the  fact  that  many  of  the  extant  weights 
are  from  provincial  towns,  in  which  this  careless- 
ness was  notoriously  greater  than  in  the  metropolis. 

The  Roman  coins  furnish  a  mode  of  calculating 
the  weight  of  the  libra,  which  has  been  more  relied 
on  than  any  other  by  most  modern  writers.  The 
As  will  not  help  us  in  this  calculation,  because  its 
weight,  though  originally  a  pound,  was  very  early 
diminished,  and  the  existing  specimens  differ  from 
each  other  very  greatly.  (Vid.  As.)  We  must, 
therefore,  look  only  to  the  silver  and  gold  coins. 
Now  the  average  weight  of  the  extant  specimens 
of  the  denarius  is  about  60  grains,  and  in  the  early 
ages  of  the  coinage  84  denarii  went  to  the  pound. 
(Vid.  Denarius.)     The  pound,  then,  by  this  calcula- 


1.  (Wi  nek  elm  arm,  Mori.  Ined.,  133.— Millin,  Peint.  de  Vases 
Ant.,t.  i.,  pi.  19,  p.  39.)-2.  (Virg.,  Georg.,  i.,  208.— Plin.,  H. 
N.,  xviii.,  25.— Schol.  in  Arat.,  89.)— 3.  (Varro,  De  Re  Rust., 
i.,  6.— Columella,  iii.,  13.— Plin.,  H.  N.,  xxxvi.,  22.)— 4.  (An- 
cient Weights,  &-c,  ix.,  t)  3.)— 5.  (Metrolug.  Untersuch.,  p  170.) 
590 


tion,  would  contain  5040  grains.  Again,  the  auret 
of  the  early  gold  coinage  were  equal  in  weight  to 
a  scrupulum  and  its  multiples.  ( Vid.  Aijrum.)  Now 
the  scrupulum  was  the  288th  part  of  the  pound 
(vid.  Uncia),  and  the  average  of  the  scrupular  aurej 
has  been  found  by  Letronne  to  be  about  17|  grains 
Hence  the  pound  would  be  288  X  17^  =  5040  grains, 
as  before.  The  next  aurei  coined  were,  according 
to  Pliny,  40  to  the  pound,  and,  therefore,  if  the  above 
calculation  be  right,  =126  grains  ;  and  we  do  find 
many  of  this  weight.  But,  well  as  these  results 
hang  together,  there  is  great  doubt  of  their  truth : 
for,  besides  the  uncertainty  which  always  attends 
the  process  of  calculating  a  larger  quantity  from  a 
smaller,  on  account  of  the  multiplication  of  a  smal! 
error,  we  have  every  reason  to  believe  that  the  ex- 
isting coins  do  not  come  up  to  their  nominal  weight, 
for  there  was  an  early  tendency  in  the  Roman  mint 
to  make  money  below  weight1  (compare  As,  Aurum, 
Denarius),  and  we  have  no  proof  that  any  extant 
coins  belonged  to  the  very  earliest  coinage,  and, 
therefore,  no  security  that  they  may  not  have  been 
depreciated.  In  fact,  there  are  many  specimens  of 
the  denarius  extant  which  weigh  more  than  the 
above  average  of  60  grains.  It  is  therefore  proba- 
ble that  the  weight  of  5040  grains,  obtained  from 
this  source,  is  too  little. 

Another  mode  of  determining  the  pound  is  from 
the  relation  between  the  Roman  weights  and  meas- 
ures. The  chief  measures  which  aid  us  in  this  in- 
quiry are  the  amphora,  or  quadrantal,  and  the  con- 
gius.  The  solid  contents  of  the  amphora  were 
equal  to  a  cube  of  which  the  side  was  one  Roman 
foot,  and  the  weight  of  water  it  contained  was  80 
pounds,  i  Hence,  if  we  can  ascertain  the  length  of 
the  Roman  foot  independently,  it  will  give  us  the 
solid  contents  of  the  amphora,  from  which  we  can 
deduce  the  weight  of  the  Roman  pound.  But.  it 
may  be  obtained  at  once  from  the  congius  of  Ves- 
pasian, which  holds  10  Roman  pounds,  and  was 
found  by  Dr.  Hase  (in  1721)  to  contain  5203769 
grains  troy  of  distilled  water.  (Vid.  Congius.) 
This  would  give  for  the  pound  5203769  grains  troy, 
or  very  nearly  5204  grains  =11$  ounces  and  6045 
grains.  By  another  experiment  (in  1680),  Auzout 
found  the  congius  to  contain  514632  grains  troy. 
This  would  make  the  pound  514632  grains  troy, 
which  is  only  57449  grains  less  than  before.  Hus- 
sey  considers  that  Dr.  Hase's  experiment  is  more 
to  be  relied  on  than  Auzout's,  as  being  more  re- 
cent. The  difference  may  be  partly  owing  to  an- 
other cause,  which  throws  doubt  on  the  whole 
calculation.  The  interior  surface  of  the  congius 
may  have  been  injured  by  time  and  other  causes, 
and  its  capacity  therefore  increased.  Wurm  as- 
serts this  as  a  fact.2  Again,  the  nature  of  the 
fluid  employed  in  the  experiment,  its  temperature, 
and  the  height  of  the  barometer,  would  all  influence 
the  result,  and  the  error  from  these  sources  must 
occur  twice,  namely,  at  the  original  making  of  the 
congius,  and  at  the  recent  weighing  of  its  contents. 
Still  these  errors  are  probably  small,  and  therefore 
we  may  take  the  weight  of  5204  grains  troy,  as  ob- 
tained from  this  experiment,  to  be  the  nearest  ap- 
proximation to  the  weight  of  the  Roman  pound. 
This  result  very  little  exceeds  that  obtained  from 
the  coins  ;  and  as  we  have  seen  that  the  latter  give 
too  small  a  weight,  the  excess  may  be  viewed  rath- 
er as  a  correction  than  a  contradiction.  For  it 
gives  as  the  weight  of  the  denarius  of  84  to  the 
pound  nearly  62  grains,  and  many  denarii  weigh  as 
much,  or  even  more.  The  scruple  would  be  1807 
grains,  wnich  only  exceeds  the  average  of  extant 
specimens  by  about  half  a  grain.3     Wurm,  who  de- 

1.  (Plin.,  H.  N.,  xxxiii.,  13,46.)— 2.  (De  Pond.,  &c.,p.  78.)- 
3.  (Vid.  Hussey,  Anrierit  Weights,  dec.  chap,  ix.) 


LIBRATOR. 


LICHEN. 


peus  solely  on  the  coins,  makes  it  5053635  grains 
troy,1  and  Bockh  arrives  at  nearly  the  same  result.8 
The  uncial  division,  which  has  been  noticed  in 
speaking  of  the  coin  As,  was  also  applied  to  the 
weight.  The  following  table  shows  the  divisions 
of  the  pound,  with  their  value  in  ounces  and  grains, 
avoirdupois  weight  : 

I  uciae.      Oz.  Grs. 

As  or  Libra 12  llf  60-  45 

Deunx 11  10f  64-  54 

Dextans  or  Decuncis  .  .  10  9£  38-  50 

Dodrans 9  8}  42-  57 

Bes  or  Bessis      ....  8  7 J  76-75 

Septunx 7  6}  80-  88 

Semis  or  Semissis    ...  6  5|  84-  95 

Quincunx 5  4*  89-  05 

Triens 4  3|  93-  14 

Quadrans  or  Teruncius     .  3  2f  97-  21 

Sextans 2  If  101-  29 

Sescuncia  or  Sescunx       .  H  l|  103624 

Uncia 1  0£  105-  36 

or  433  666 

The  divisions  of  the  ounce  are  given  under  Un- 
cia.  Where  the  word  pondo,  or  its  abbreviations  p. 
or  pond.,  occur  with  a  simple  number,  the  weight 
understood  is  the  libra. 

The  name  libra  was  also  given  to  a  measure  of 
horn,  divided  into  twelve  equal  parts  (uncia)  by 
lines  marked  on  it,  and  used  for  measuring  oil.3 

LIBRA'RII,  the  name  of  slaves  who  were  em- 
ployed by  their  masters  in  writing  or  copying  in 
any  way.  They  must  be  distinguished  from  the 
scribae  publici,  who  were  freemen  (vid.  Scrib^e), 
and  also  from  the  booksellers  {vid.  Bibliopola),  to 
both  of  whom  this  name  was  also  applied.  The 
slaves  to  whom  the  name  of  librarii  was  given  may 
\iQ  divided  into  three  classes  : 

1 .  Librarii  who  were  employed  in  copying  books, 
called  scriptores  librarii  by  Horace.4  These  librarii 
were  also  called  in  later  times  antiquarii. b  Isiodore5 
«ays  that  the  librarii  copied  both  old  and  new  books, 
while  the  antiquarii  copied  only  old  books.  Bec- 
ker,7 however,  thinks  that,  when  the  cursive  charac- 
ter came  into  general  use,  the  name  of  antiquarii 
was  applied  to  the  copyists  who  transcribed  books 
in  the  old  uncial  character.  The  name  of  librarii 
was  also  given  to  those  who  bound  books,8  and  to 
those  who  had  the  care  of  libraries. 

2.  Librarii  a  studiis  were  slaves  who  were  em- 
ployed by  their  masters,  when  studying,  to  make  ex- 
tracts from  books,  &c.9  To  this  class  the  notarii, 
or  short-hand  writers,  belonged,  who  could  write 
down  rapidly  whatever  their  masters  dictated  to 
them.10 

3.  Librarii  ab  cpistolis,  whose  principal  duty  was 
to  write  letters  from  their  masters'  dictation.11  To 
this  class  belonged  the  slaves  called  ad  manum,  a 
manu,  or  amanuenses.     {Vid.  Amanuensis.) 

LIBRA'TOR  is,  in  general,  a  person  who  exam- 
ines things  by  a  Libra  ;  but  the  name  was,  in  par- 
ticular, applied  to  two  kinds  of  persons. 

1.  Libralor  aqua,  a  person  whose  knowledge  was 
indispensable  in  the  construction  of  aquaeducts,  sew- 
ers, and  other  structures  for  the  purpose  of  convey- 
ing a  fluid  from  one  place  to  another.  He  examin- 
ed by  a  hydrostatic  balance  {libra  aquaria)  the  rela- 
tive heights  of  the  places  from  and  to  which  the 
water  was  to  be  conducted.  Some  persons  at  Rome 
made  this  occupation  their  business,  and  were  en- 

1.  (De  Pond.,  &c,  p.  16.)— 2.  (Metrolog.  Untersuch.,  f>  9.)  — 
3.  (Suet.,  Jul.,  c.  38.— Galen,  De  Comp.  Med.  Gen.,  i.,  17  ;  vi., 
8.— Hor.,  Sat.,  II.,  ii.,  59-61.)— 4.  (Ep.  ad  Pis.,  354.)— 5.  (Cod. 
12,  tit.  19,  s.  10.— Cod.  Theod.,  4,  tit.  8.  s.  2.— Isid.,  Ori«\,  vi., 
14.)— 6.  (1.  c.)— 7.  (Gallus,  i.,  p.  164.)— 8.  (Cic.  ad  Att.,  iv.,  4.) 
—9.  (Orelli,  laser.,  719. —  Suet.,  Claud.,  28.  —  Cic.  ad  Fara., 
xvi.,  21.)  —  10.  (Plin.,  Ep.,  iii.,  5.  — Martial,  xiv.,  208.)  — 11. 
♦Orelli.  laser.,  2437,  2997.  &c.— Becker,  Gallus,  i.,  p.  180.^ 


gaged  under  the  curatores  aquarum,  though  architect 
were  also  expected  to  be  able  to  act  as  libratores.1 

2.  Libratores  in  the  armies  were  pubably  soldiers 
who  attacked  the  enemy  by  hurling  with  their  own 
hands  \librando)  lances  or  spears  against  them.' 
Lipsius*  thinks  that  the  libratores  were  men  who 
threw  darts  or  stones  against  the  enemy  by  means 
of  machines,  tormenta.*  But  this  supposition  cau 
scarcely  be  supported  by  any  good  authority.  Du- 
ring the  time  of  the  Republic,  libratores  are  not  men- 
tioned in  the  Roman  armies. 

LFBRIPENS.     {Vid.  Mancipatio.) 

LIBURNA,  LIBU'RNICA  {Aitvpvlc,  AiSvpvov), 
commonly  a  bireme  with  the  mast  amidship,  as  ap 
pears  from  Lucian,5  but  not  unfrequently  of  large* 
bulk,  as  may  be  inferred  from  comparing  Florus,  iv., 
2,  with  Suetonius,  Octav.,  17,  from  which  passages 
we  learn  that  the  fleet  of  Augustus  at  Actium  con- 
sisted of  vessels  from  the  trieres,  the  lowest  line 
of  battle  ship,  to  the  hexeres,  and  that  the  ships 
were  Liburnicae.  Horace6  alludes  to  the  immense 
size  of  the  ships  of  Antony  compared  with  these 
Liburnicae.  From  the  description  of  them  by  Varro, 
as  quoted  by  A.  Gellius,7  they  appear  to  have  been 
originally  somewhat  similar  to  the  light  Indian 
boats,  literally  sewn  together,  which  are  now  used 
to  cross  the  surf  in  Madras  Roads.  The  Liburni 
stitched  the  planks  of  their  boats  together  probably 
only  in  their  earliest  and  rudest  shape,  as  is  still 
the  practice  in  Malabar.  Pliny8  informs  us  that  the 
material  of  which  these  vessels  were  constructed 
was  pine  timber,  as  clear  from  resin  as  could  be  ob- 
tained. The  piratical  habits  of  the  Illyrian  nation, 
from  whose  ships  the  Romans  affixed  this  term  to 
their  own,  are  described  by  Appian,9  who  also  con- 
firms Lucian  in  the  statement  that  they  were  com- 
monly biremes.  From  its  resemblance  in  shape  to 
these  vessels,  the  Liburnum  or  litter  derives  its 
name.  Its  convenience  is  well  described  by  Juve- 
nal,10 though  some  commentators  think  that  this 
passage  refers  to  Liburnian  slaves  who  carried  the 
litter.  The  sharpness  of  the  beak  of  these  ships, 
which  was  probably  of  also  great  weight  (Bockh 
conjectures  in  the  trieres  of  nearly  four  talents),  is 
clearly  indicated  by  Pliny.11  The  same  writer  also 
informs  us  that  they  were  constructed  sharp  in  the 
bows,  to  offer  the  least  possible  resistance  to  the 
water.  The  Navis  Rostrata  and  Liburnica  were 
the  same.12 

The  term  Liburna  became  incorporated  into  the 
Latin  tongue  simply  from  the  assistance  rendered 
to  Augustus  by  the  Liburni  as  a  maritime  power  at 
the  battle  of  Actium.  From  this  period,  experience 
having  shown  their  efficiency,  this  class  of  vessels 
became  generally  adopted  by  the  Romans.13  In  a 
similar  manner,  many  naval  terms,  from  the  excel- 
lence of  a  foreign  construction,  have  been  intro- 
duced into  our  language  from  the  Dutch,  French, 
Spanish,  and  Italian,  as  brigantine,  galleon,  felucca, 
frigate,  &c.  After  the  period  of  the  naturalization 
of  the  word  in  the  Latin  language,  it  lost  its  local 
and  particular  force,  and  became  applied  to  otter 
kinds  of  ships. 

LICHAS.     {Vid.  Pes.) 

♦LICHEN  &eixf/v),  the  Lichen.  "  The  Lichen 
of  Pliny,"  observes  Adams,  "  would  appear  to  be 
different  from  that  of  Dioscorides.  The  former  is 
the  Marchantia  conica,  L.  The  other  is  not  so  easi- 
ly determined.     Sprengel  inclines  to  the  Peltigera 

1.  (Plin.,  Epist.,  x.,  50. — Frontin..  De  Aquaed.,  105. — Compare 
Vitruv.,  viii.,  6. —  Cod.  10,  tit.  66,  s.  1.)— 2.  (Tacit.,  Ann.,  ii., 
20.  —  Id.  ib.,  xiii.,  39. — In  both  these  passages  some  MSS.  hava 
11  libritores.") — 3.  (ad  Tacit.,  Ann.,  1.  c.'; — 4.  (Compare  his  Poli- 
orcet.,  iv.,  3.)— 5.  (Vol.  v.,  p.  262,  ed.  Bip.)— 6.  (Epod.,  i.,  1.)- 
7.  (xvii.,  3.)— 8.  (H.  N.,  xvi.,  17.)-9.  (De  Bell.  Illyr.,  3.) — 10 
(iii., 240.)— 11.  (H.  N.,  x.,  32.)-  -12.  (Plin.,  H.  N.,  ix.,  5.)— 13 
(Veget.,  iv..  23  ^ 

591 


LIGUSTRUM. 


LIMBUS. 


tanina,  sive  Aphlhosa,  Hoffm.  The  "keixvveg  Innuv, 
described  in  the  M.M.  of  the  ancients,  were  the 
well-known  callosities  which  form  at  the  knees  of 
horses,  called  spavins  in  English,  and  Veparvin  in 
French.  The  term  Ielxvv  was  also  applied  to  a 
cutaneous  disease  allied  to  leprosy." 

LICFNLE  ROGATIO'NES.     (Vid.  Rogationks 

LlCINLdS.) 

LICTOR,  a  public  officer,  who  attended  on  the 
chief  Roman  magistrates.  The  number  which  wait- 
ed on  the  different  magistrates  is  stated  in  the  arti- 
cle Fasces. 

The  office  of  lictor  is  said  to  have  been  derived 
by  Romulus  from  the  Etruscans.1  The  etymology 
of  the  name  is  doubtful ;  Gellius2  connects  it  with 
the  verb  ligare,  because  the  lictors  had  to  bind  the 
hands  and  feet  of  criminals  before  they  were  pun- 
ished. The  lictors  went  before  the  magistrates  one 
by  one  in  a  line  ;  he  who  went  last  or  next  to  the 
magistrate  was  called  proximus  lictor,  to  whom  the 
magistrate  gave  his  commands  ;3  and,  as  this  lictor 
was  always  the  principal  one,  we  also  find  him  call- 
ed primus  lictor*  which  expression  some  modern 
writers  have  erroneously  supposed  to  refer  to  the 
ictor  who  went  first. 

The  lictors  had  to  inflict  punishment  on  those  who 
were  condemned,  especially  in  the  case  of  Roman 
citizens  ;5  for  foreigners  and  slaves  were  punished 
by  the  carnifex  ;  and  they  also,  probably,  had  to  as- 
sist in  some  cases  in  the  execution  of  a  decree  or 
judgment  in  a  civil  suit.  The  lictors  also  command- 
ed (animadverterunt)  persons  to  pay  proper  respect 
to  a  magistrate  passing  by,  which  consisted  in  dis- 
mounting from  horseback,  uncovering  the  head, 
standing  out  of  the  way,  &c.6 

The  lictors  were  originally  chosen  from  the  plebs,7 
but  afterward  appear  to  have  been  generally  freed- 
men,  probably  of  the  magistrate  on  whom  they  at- 
tended.8 

Jac&CTS  were  properly  only  granted  to  those  ma- 
£;6trafes  who  had  the  imperium.  Consequently,  the 
tribunes  of  the  plebs  never  had  lictors,9  nor  several 
of  the  other  magistrates.  Sometimes,  however,  lic- 
tors were  granted  to  persons  as  a  mark  of  respect 
or  for  the  sake  of  protection.  Thus,  by  a  law  of  the 
triumvirs,  every  vestal  virgin  was  accompanied  by 
a  lictor  whenever  she  went  out,10  and  the  honour  of 
one  or  two  lictors  was  usually  granted  to  the  wives 
and  other  female  members  of  the  imperial  family.11 

There  were  also  thirty  lictors,  called  Lictores  Cu- 
riati,  whose  duty  it  was  to  summon  the  curiee  to 
the  comitia  curiata  ;  and  when  these  meetings  be- 
came little  more  than  a  form,  their  suffrages  were 
represented  by  the  thirty  lictors.12 

LIGO  {diKsTCka  or  ftaKehAa)  was  a  hatchet  formed 
either  of  one  broad  iron  or  of  two  curved  iron  prongs, 
which  was  used  by  the  ancient  husbandmen  to  clear 
the  fields  from  weeds.13  The  ligo  seems  also  to 
have  been  used  in  digging  the  soil  and  breaking  the 
clods.1* 

LPGULA,  a  Roman  measure  of  capacity,  con- 
taining one  fourth  of  the  Cyathus,  and  therefore 
equal  to  0206  of  a  pint  English.15 

♦LIGUSTRUM,  a  plant  about  which  considera- 
ble uncertainty  prevails.  It  is  commonly,  howev- 
er, regarded  as  the  Privet.     Virgil  mentions  it  in 

1.  (Liv.,  i.,  8.)— 2.  (xii.,  3.)— 3.  (Liv.,  xxiv.,  44.— Sail.,  Jug-., 
12.— Cic.  in  Verr.,  2,  Act.  v.,  54.  -De  Div.,  i.,  28.— Orelli,  In- 
scr.,  3218.)— 4.  (Cic.  ad  Quint.  Fratr.,  i.,  1,  $  7.)  —  5.  (Liv.,  ii., 
5.— Id.,  \ni.,  7.)— 6.  (Liv.,  xxiv.,  44.— Sen.,  Ep.,  64.)— 7.  (Liv., 
ii.,  55.)— 8.  (Compare  Tacit.,  Ann.,  xiii.,  27.)— 9.  (Plut,  Queest. 
Rom.,  81.)— 10.  (Dion  Cass.,  xlvii.,  19.)  —  11.  (Tacit.,  Ann.,  i., 
14— Id.  ib.,  xiii.,  2.)— 12.  (Gell.,  xv.,  27.— Cic,  Agr.,  ii.,  12.— 
Orelli,  Inscr.,  2176,  2922,  3240.)— 13.  (Ovid,  Ex  Pont.,  i.,  8,  59. 
—Mart.,  iv.,  64.— Stat.,  Theb.,  iii.,  589.— Colum.,  x.,  89.)  —  14. 
(Hor.,  Carm.,  iii.,  6,  38.— Epist.,  i.,  14,  27.— Ovid,  Am.,  iii.,  10, 
31.  —  Compare  Dickson,  on  the  Husbandry  of  the  Ancients,  i., 
p.  415.)— 15.  (Columella,  R.  R.,  xii.,  21.) 
592 


one  of  his  Eclogues,  but  all  that  can  be  gathered 
from  what  he  says  of  it  is,  that  the  flowers  are 
white  and  of  no  value.  "  Pliny,"  observes  Martyn, 
"  says  it  is  a  tree,  for  in  the  24th  chapter  of  the  12th 
book,  where  he  is  speaking  of  the  cypros  of  Egypt, 
he  uses  the  following  words :  '  Quidam  banc  esse 
dicunt  arbor  em  quae  in  Italia  Ligustrum  vocatur.' 
Thus,  also,  we  find  in  the  tenth  chapter  of  the  24th 
book,  •  Ligustrum  eadem  arbor  est  quai  in  Oriente 
cypros.'  If  the  ligustrum  of  Pliny  was  that  which 
is  now  commonly  known  by  that  name,  by  us  call- 
ed privet  or  primprint,  and  by  the  Italians  guistrico, 
which  seems  a  corruption  of  ligustrum,  then  he  was 
mistaken  in  affirming  it  to  be  the  same  with  the 
cypros  of  Egypt,  which  is  the  elhanne  or  alcanna. 
Matthiolus,  in  his  commentaries  on  Dioscorides, 
says  that  Servius,  among  others,  took  the  ligustrum 
to  be  that  sort  of  convolvulus  which  we  call  great 
bindweed.  Where  Matthiolus  found  this  opinion  of 
Servius  I  cannot  tell,  unless  he  made  use  of  some 
copy  very  different  from  those  which  we  now  have. 
We  find  no  more  in  our  copies  of  Servius  than  that 
the  ligustrum  is  a  very  white  but  contemptible  flow- 
er. Still  it  must  be  acknowledged  that  the  great 
bindweed  has  a  very  fair  claim  to  be  accounted  the 
ligustrum  of  Virgil,  on  account  of  its  name  being 
derived  from  'binding'  (a  ligando),  from  the  pure 
whiteness  of  its  flower,  and  from  its  being,  at  the 
same  time,  a  contemptible  weed.  We  may  also, 
with  good  reason,  suspect  that  our  privet  is  not  the 
plant  intended,  because  the  flowers  are  not  fair 
enough,  and  yet  are  too  sweet  to  be  reiected  with 
contempt.  But  it  weighs  something  on  the  other 
side,  that  Pliny  has  called  the  ligustrum  a  tree  in 
two  different  places.  In  conformity,  therefore,  with 
the  most  common  opinion,  I  have  translated  the 
term  ligustrum  by  '  privet ;'  but  if  any  one  would 
change  it  for  *  bindweed,'  I  shall  not  greatly  contend 
with  him."1 

*LIGUST'ICUM  (AiyvoriKov).  "Woodville 
agrees  with  the  earlier  commentators  on  Dioscori- 
des and  Galen,  in  referring  this  to  the  well-known 
plant,  the  Ligusticum  Levisticum,  or  common  Lov- 
age ;  but  this  opinion  is  questioned  by  Alston 
Sprengel,  also,  is  not  quite  satisfied,  and  rather  in 
clines  to  the  Laserpitium  Siler.  Apicius  recom- 
mends it  frequently  as  a  condiment."2 

*LII/IUM  (Kpivov),  the  Lily,  or  Lilium  candidum, 
L.  The  Persian  term  laleh,  which  is  a  name  for 
all  the  liliaceous  plants,  and  especially  for  the  tulip 
(of  which  last  the  ancients  knew  nothing),  has  pass- 
ed, on  the  one  hand,  into  the  family  of  Northern 
languages,  under  the  forms  of  "Zz7y,"  "  lilie,"  &c  , 
and  on  the  other  into  the  Greek  and  Latin,  for  lei- 
piov  and  lilium  only  differ  by  a  very  usual  change 
of  letters.  (Vid.  Lirium.)  "We  need  have  no 
hesitation,"  remarks  Adams,  "in  determining  the 
common  Kpivov  of  the  Greeks  to  have  been  the  Lil- 
ium candidum,  L.  Dioscorides  describes  another 
species  with  purple  flowers,  which  Sprengel  is  in 
doubt  whether  to  set  down  as  the  Lilium  martagon 
or  L.  Chalcedonicum.,,a 

LIMA,  a  File,  was  made  of  iron  or  steel,  for  the 
purpose  of  polishing  metal  or  stone,  and  appears  to 
have  been  of  the  same  form  as  the  instruments  used 
for  similar  purposes  in  modern  times.* 

LIMBUS  (napvfr/),  the  border  of  a  tunic5  or  a 
scarf.6    This  ornament,  when  displayed  upon  the 
tunic,  was  of  a  similar  kind  with  the  Cyclas  and 
Instita,7  but  much  less  expensive,  more  common 
and  more  simple.     It  was  generally  woven  in  the 


1.  (Martyn  ad  Virg.,  Eclog-.,  ii.,  18.) — 2.  (Dioscor.,  iii.,  51.-— 
Adams,  Append.,  s.  v.)— 3.  (Fee,  Flore  de  Virgile,  p.  lxxviii.-- 
Adams,  Append.,  s.  v.  \tipiov.)— 4.  (Plin.,  H.  N.,  xxxvii.,  8,  33. 
—Id.  ib.,  ix.,  35,  54.— Id.  ib.,  xxviii.,  9, 41.— Plaut.,  Menaech.,  1., 
i.,  9.)— 5.  (Corippus,  De  Laud.  Just.,  ii.,  117.)— 6.  (Virg.,  &u.. 
iv.,  137.— Serv.  in  ioc.)— 7.  (Serv.  in  Virg.,  JEn.,  ii.,  P6 


LINEA. 


LIPARiEUlS  LAPIS. 


sdii  e  piece  with  the  entire  garment  of  which  it 
formed  a  part,  and  it  had  sometimes  the  appearance 
of  a  scarlet  or  purple  band  upon  a  white  ground  ; 
in  other  instances  it  resembled  foliage,1  or  the  scrolls 
and  meanders  introduced  in  architecture.  A  very 
elegant  effect  was  produced  by  bands  of  gold  thread 
interwoven  in  cloth  of  Tyrian  purple,8  and  called 
ATjpoc  or  leria.3  Demetrius  Poliorcetes  was  arrayed 
in  this  manner  (xpvooTrapvfyoiq  dXovpyloi*).  Vir- 
gil5 mentions  a  scarf  enriched  with  gold,  the  border 
of  which  was  in  the  form  of  a  double  meander.  In 
illustration  of  this  account,  examples  of  both  the 
single  and  the  double  meander  are  introduced  at  the 
u  -)  of  the  annexed  woodcut.     The  other  eight  spe- 


^^^#^H^ 


^ISI^SMlSIQJI^ 


BOB 


* 


1  @d^)JI)cl©^ 


crmens  of  limbi  are  selected  to  show  some  of  ths 
principal  varieties  of  this  ornament,  which  present 
themselves  on  Etruscan  vases  and  other  works  of 
ancient  art.  The  effect  of  the  limbus  as  a  part  of 
the  dress  is  seen  in  the  woodcuts  at  pages  27,  9-3, 
188,  208,  225,  314. 

The  use  of  the  limbus  was  almost  confined  to  the 
female  sex  among  the  Greeks  and  Romans,  but  in 
other  nations  it  was  admitted  into  the  dress  of  men 
likewise. 

An  ornamental  band,  when  used  by  itself  as  a 
fillet  to  surround  the  temples  or  the  waist,  was  also 
called  limbus.6  Probably  the  limbolarii  mentioned 
by  Plautus7  were  persons  employed  in  making  bands 
of  this  description. 

LIMEN.     ( Vid.  Janua,  p.  524.) 

LIMES.     (Vid.  Agrimensores.) 

LIMIT A'TIO.     (Vid.  Agrimensores.) 

LI'NEA,  dim.  LINE'OLA,  a  linen  thread  or  string 
ffrom  Union,  flax),  a  line.8  A  string  smeared  with 
raddle  (rubrica,  /iHtoq)  and  drawn  tight,  was  used 
by  carpenters  and  masons  to  impress  a  straight 
mark  upon  boards  of  wood,  slabs  of  marble,  &c.' 
Hence  arose  the  proverb  arudfinc  aKpttearepnc,  mean- 
ing "  more  exact  than  rectitude  itself."10  Since  the 
string  made  no  mark  unless  coloured,  the  pursuit  of 
an  object  without  discrimination  and  distinctness  of 
purpose  was  called  using  the  linea  alba,  or  Xcvkij 
oTddfin.11  The  cup  or  box  used  to  hold  the  raddle 
was  called  /uXreiov.12 

By  an  extension  of  the  signification,  any  straight 
mark  (ypafiui]),  however  produced,  was  called 
linea;13  and  hence  the  same  terms,  both  in  Latin 
ind  Greek  (linea,  ypauurj),  were  applied  to  a  mathe- 
matical line.1*  Hence,  also,  a  narrow  boundary  of 
any  kind  was  denoted  by  these  terms,  and  especial- 


ly the  boundary  of  human  life,1  and  the  boundary 
in  the  stadium  from  which  the  combatants  started 
or  at  which  they  stopped.8 

Linea  also  meant  a  fishing-line  ;  the  line  used  in 
sounding  (vid.  Catapirater)  ;  that  employed  in  ag- 
riculture and  gardening  ;3  and  a  measuring-line.* 

*LINOSPARTUM  (favoairapTov),  according  to 
Stackhouse,  the  Lygeum  spartum.  Sprengel  hold? 
that  it  is  either  this  or  the  Stipa  terracissima.5 

*LINOSPERMUM  (Xtvoairepfiov),  Linseed,  use*' 
as  an  article  in  the  ancient  Materia  Medica.6 

LINTER,  a  boat  similar  to  the  fiovo^vla  nlola, 
used,  according  to  Pliny,7  on  the  Malabar  coast. 
The  ancient  British  boat,  at  present  in  the  court- 
yard of  the  Museum,  formed  of  one  tree,  gives  an 
excellent  exemplification  of  the  rudest  form  of  the 
hnter.  Pliny8  tells  us  that  the  Germans  had  boats 
of  this  description  that  held  thirty  men,  and  the 
British  vessel  just  alluded  to  would  certainly  carry 
nearly  this  complement.  The  passage  in  Tacitus' 
is  too  corrupt  to  be  admitted  as  any  authority  for  a 
larger  description  of  ships  being  included  under  this 
term.  In  Ovid10  it  is  applied  to  Charon's  bark, 
which  was  obviously  worked  by  a  single  man. 
Caesar  separates  the  linter  from  the  navis,11  and 
also  represents  the  former  as  one  remove,  in  early 
boat-building,  from  the  ratis  or  raft.18  In  another 
passage13  he  classes  them  with  the  scaphae.  Tibul- 
lus1*  represents  them  to  have  been  of  light  draught 
of  water,  like  our  wherries. 

"  Et  qua  Velabri  regio  patet  ire  solebat 
Exiguus  puis  a  per  vada  linter  aqua.'" 

Ausonius15  indicates  that  a  chain  of  them  formed 
a  pontoon,  and  also  classes  them  with  the  other  light 
boats.16  Horace17  describes  the  linter  as  a  towboat 
worked  by  a  single  mule,  which  differs  from  the 
sense  affixed  to  it  by  Propertius,18  who  distinguishes 
between  the  swift  linter  and  the  slow  ratio  or  tow 
boat. 

"  Et  mode  iar.A.  celcres  mireris  currere  lintres 
Et  modo  tam  iardas  funibus  ire  rates." 

These  passages  give  a  twofold  sense  to  linter  or 
wherry  and  towboat. 

The  name  linter  was  also  applied  to  a  kind  ot 
tub  or  trough  made  of  one  block  of  wood,  which 
was  used  by  country  people  for  various  purposes, 
such  as  for  conveying  and  pressing  the  grapes.19 

*LINUM  Ckivov),  the  Linum  usitatissimum,  or 
common  Flax.  "  Most  authors  agree  with  Virgil," 
observes  Martyn,  "  that  flax  burns  or  impoverishes 
the  soil.  Columella  says  it  is  so  exceedingly  nox- 
ious that  it  is  not  safe  to  sow  it,  unless  you  have  a 
prospect  of  great  advantage  from  it.  '  Lini  semen, 
nisi  magnus  est  ejus  in  ea  regione  quam  colis  proven- 
tus,  et  pretium  proritat,  serendum  non  est ;  agris  er.im 
prcecipue  noxium  est.''  "80 

*LINUM  VI VUM,  Asbestine  linen,  or  linen  made 
out  of  Asbestos.     (Vid.  Amianthus,  Asbestos.) 

*LIPAR^EUS  LAPIS,  a  stone  of  which  Sir 
John  Hill  speaks  as  follows  :  "  The  Lipara  stone  is 
a  small  stone,  usually  about  the  bigness  of  a  filbert, 
of  an  irregular  and  uncertain  shape,  and  porous, 
friable  constitution,  like  that  of  the  pumices,  but 
more  easily  crumbling  into  powder  between  the 
fingers  than  even  the  softest  kind  of  them.  The 
colour  is  generally  a  dusky  gray,  and  the  whole  ex- 


1.  ( Virg.,  JEn.,  i.,  649.— Ovid,  Met.,  vi.,  127.)— 2.  (Ovid,  Met., 
r.,  51.)— 3.  (Festus,  s.  v.— Brunck,  Anal.,  i., 483.) — 4.  (Plutarch, 
Demetr.,  41.)— 5.  (^En.,  v.,  251.)— 6.  (Stat.,  Theb.,  vi.,  367.— Id., 
•  chill.,  ii.,  176.— Claud.,  De  Cons.  Mall.Theod.,  118.)— 7.  (Au- 

ul.,  III.,  v.,  45.)— 8.  (Varro,  De  Re  Rust.,  i.,  23.— Col.,  De  Re 
Rust.,  viii.,  11.)— 9.  (Cato,  De  Re  Rust.,  14.— Horn.,  II.,  xv., 
410. —  Od.,  v.,  245.  — lb.,  xvii.,  341.  — Schol.  in  11.  cc.)— 10. 
(Erasm.,  Chil.)— 11.  (Gell.,  N.  A.,  Pref.— Plato,  Char.,  p.  63, 
ed.  Heindorff.)— 12.  (Brunck,  Annl.,  i.,  221.)— 13.  (Gell.,  N.  A., 

*.,  1.)— 14.  (Euclid.— Brunck,  Anal.,  ii.,  195.) 
4  F 


LITIS  C0NTESTAT10. 


LITRON. 


ternal  face  of  it  evidently  shows  that  it  has  suffered 
a  change  by  fire."1  Dr.  Moore  thinks  that  it  was 
a  kind  of  obsidian.2 

^LITHARG'YRUS  (Xiddf.yvpoc),  Litharge.  "  The 
ancient  Litharge,  like  the  modern,  was  procured 
during  the  purification  of  silver  from  the  lead  with 
which  it  was  usually  combined  in  its  natural  state. 
The  scoria  or  dross  which  is  formed  during  the 
process,  obtains  the  name  of  Litharge.  In  the  lan- 
guage of  modern  chemistry,  it  is  called  the  semi- 
vitrified  protoxyde  of  lead."3 

♦LITHOSPERMUM  fri66o7repfiov),  the  Lithosper- 
mum  officinale,  or  Gromwell.* 

LITHOSTRO'TA.    ( Vid.  House,  Roman,  p.  520.) 

LITIS  CONTESTA'TIO.  "  Contestari"  is  when 
each  party  to  a  suit  {uterque  reus)  says,  "  Testes 
estote."  Two  or  more  parties  to  a  suit  (adversarii) 
are  said  contestari  litem,  because,  when  the  judici- 
um is  arranged  (ordinato  judicio),  each  party  is  ac- 
customed to  say,  "  Testes  estote."5  The  Litis 
Contestatio  was  therefore  so  called  because  per- 
sons were  called  on  by  the  parties  to  the  suit  to 
"  bear  witness,"  "  to  be  witnesses."  It  is  not  here 
said  what  they  were  to  be  witnesses  of,  but  it  may 
be  fairly  inferred,  from  the  use  of  the  words  contes- 
tatio and  testatio  in  a  similar  sense  in  other  pas- 
sages,6 that  this  contestatio  was  the  formal  termi- 
nation of  certain  acts,  of  which  the  persons  called 
to  be  witnesses  were  at  some  future  time  to  bear 
record.  Accordingly,  the  contestatio,  spoken  of  in 
the  passage  of  Festus,  must  refer  to  the  words  or- 
dinato judicio,  that  is,  to  the  whole  business  that 
has  taken  place  in  jure,  and  which  is  now  comple- 
ted. This  interpretation  seems  to  be  confirmed  by 
the  following  considerations. 

When  the  legis  actiones  were  in  force,  the  pro- 
cedure consisted  of  a  series  of  oral  acts  and  plead- 
ings. The  whole  procedure,  as  wTas  the  case  after 
the  introduction  of  the  formulae,  was  divided  into 
two  parts,  that  before  the  magistratus,  or  in  jure, 
and  that  before  the  judex,  or  in  judicio.  That  be- 
fore the  magistratus  consisted  of  acts  and  words 
by  the  parties  and  by  the  magistratus,  the  result 
of  which  was  the  determination  of  the  form  and 
manner  of  the  future  proceedings  in  judicio.  When 
the  parties  appeared  before  the  judex,  it  would  be 
necessary  for  him  to  be  fully  informed  of  all  the 
proceedings  in  jure ;  this  was  effected  in  later 
times  by  the  formula,  a  written  instrument  under 
the  authority  of  the  praetor,  which  contained  the 
result  of  all  the  transactions  in  jure  in  the  form  of 
instructions  for  the  judex.  But  there  is  no  evi- 
dence of  any  such  written  instructions  having  been 
used  in  the  time  of  the  legis  actiones,  and  this 
must  therefore  have  been  effected  in  some  other 
way.  The  Litis  Contestatio,  then,  may  be  thus 
explained:  the  whole  proceedings  in  jure  took 
place  before  witnesses,  and  the  contestatio  wTas  the 
conclusion  of  these  proceedings  ;  and  it  was  the 
act  by  which  the  litigant  parties  called  on  the  wit- 
nesses to  bear  record  before  the  judex  of  what  had 
taken  place  injure. 

This,  which  seems  a  probable  explanation  of  the 
original  meaning  of  Litis  Contestatio,  may  be  com- 
pared^ to  some  extent,  with  the  apparently  original 
sense  of  recorder  and  recording  in  English  law.7 

When  the  formula  was  introduced,  the  Litis 
Contestatio  would  be  unnecessary,  and  there  ap- 
pears, ro  trace  of  it  in  its  original  sense  in  the  class- 
ical jurists.  Still  the  expressions  Litis  Contesta- 
tio and  "Lis  Contestata  frequently  occur  in  the  Pan- 


1.  fHrll.ad  Theophrast.,  De  Lapid.,c.  25.)— 2.  (Anc.  Minerpl- 
ogy,  p.  132.) — 3.  (Dioscor.,  v.,  102. — Adams,  Append.,  s.  v.)— 4. 
(Dioscor.,  iii.,  148.)— 5.  (Festus,  s.  v.  Contestari.) — 6.  (Dig.  28, 
tit  1,»,:20.—  UlpM  Frag.,  xx.f  f.  9.)  —  7.  (Penny  Cyclopaedia, 
art.  Recorder.) 
£94 


dect,  but  only  in  the  sense  of  the  completion  jf  thft 
proceedings  in  jure,  and  this  is  the  meaning  .of  the 
phrases  Ante  litem  contestatam,  Post  litem  eontes- 
tatam.1  As  the  Litis  Contestatio  was  originally 
and  properly  the  termination  of  the  proceedings  in 
jure,  it  is  easily  conceivable  that,  after  this  form 
had  fallen  into  disuse,  the  name  should  still  be  re- 
tained to  express  the  conclusion  of  such  proceed- 
ings. When  the  phrase  Litem  Contestari  occurs 
in  the  classical  jurists,  it  can  mean  nothing  more 
than  the  proceedings  by  which  the  parties  termi- 
nate the  procedure  in  jure,  and  so  prepare  the  mat- 
ter in  dispute  for  the  investigation  of  the  judex. 

It  appears  from  the  passage  in  Festus  that  the 
phrase  Contestari  litem  was  used  because  the 
words  "  Testes  estote"  were  uttered  by  the  partie? 
after  the  judicium  ordinatum.  It  was  therefore 
the  uttering  of  the  words  "Testes  estote"  which 
gave  rise  to  the  phrase  Litis  Contestatio  ;  but  this 
does  not  inform  us  what  the  Litis  Contestatio  prop- 
erly was.  Still,  as  the  name  of  a  thing  is  derived 
from  that  which  constitutes  its  essence,  it  may  be 
that  the  name  here  expresses  the  thing,  that  is, 
that  the  Litis  Contestatio  was  so  called  for  the 
reason  which  Festus  gives,  and  that  it  also  consist- 
ed in  the  litigant  parties  calling  on  the  witnesses 
to  bear  record.  But  as  it  is  usual  for  the  whole  of 
a  thing  to  take  its  name  from  some  special  part,  so 
it  may  be  that  the  Litis  Contestatio,  in  the  time  of 
the  legis  actiones,  was  equivalent  to  the  whole 
proceedings  in  jure,  and  that  the  whole  was  so 
called  from  that  part  which  completed  it. 

The  time  when  the  proper  Litis  Contestatio  fell 
into  disuse  cannot  be  determined,  though  it  would 
seem  that  this  must  have  taken  place  with  the 
passing  of  the  JEbutia  lex  and  the  two  leges  Juliae, 
which  did  away  with  the  legis  actiones  except  in 
certain  cases.  It  is  also  uncertain  if  the  proper 
Litis  Contestatio  still  existed  in  those  legis  actio- 
nes which  were  not  interfered  with  by  the  leges 
above  mentioned  ;  and  if  so,  whether  it  existed  in 
the  old  form  or  in  a  modified  shape. 

This  view  of  the  matter  is  by  Keller,  in  his  well- 
written  treatise  "  Ueber  Litis  Contestation  und 
Urtheil  nach  Ciassischem  Romischem  Recht,"  Zu- 
rich, 1827.  Other  opinions  are  noticed  in  his 
work.  The  author  labours  particularly  to  show 
that  the  expression  Litis  Contestatio  always  refers 
to  the  proceedings  in  jure,  and  never  to  those  in 
judicio. 

LITRA,  a  Sicilian  silver  coin,  which  was  equal 
in  value  to  the  iEginetan  obol.  (Vid.  Drachma.) 
Since  the  word  has  no  root  in  the  Greek  language, 
but  is  merely  the  Greek  form  of  the  Latin  libra,3 
and  since  we  find  it  forming  part  of  an  uncial  sys- 
tem similar  to  that  used  in  the  Roman  and  Italian 
weights  and  money  (vid.  As,  Libra),  its  twelfth 
part  being  called  byicia  (the  Roman  uncia),  and  six. 
five,  four,  three,  and  two  of  these  twelfth  parts  be- 
ing denominated  respectively  rnuXirpov,  TtevToyniov, 
rerpuc,  rpidg,  and  i%ac,  it  is  evident  that  the  Greeks 
of  Sicily,  having  brought  with  them  the  IEginetan 
obol,  afterward  assimilated  their  system  of  coinage 
to  that  used  by  their  Italian  neighbours,  making 
their  obol  to  answer  to  the  libra,  under  the  name  of 
?urpa.  In  the  same  way,  a  Corinthian  stater  of  wn 
obols  was  called  in  Syracuse  a  (kKuXtrpov,  or  piece 
often  litras.3 

The  cotyla,  used  for  measuring  oil,  which  is  men- 
tioned by  Galen  (vid.  Cotyla),  is  also  called  by  him 
llrpa.  Here  the  word  is  only  a  Greek  form  o/ 
libra.     (Vid.  Libra,  sub  fin.) 

*LITRON.     (Vid.  Nitron.) 

1.  (Gaius,  iii.,  180  ;  iv.,  114.)— 2.  (Festus,  s.  v.  Lues  :  "  Airpa 
enim  libra  eat.")  —  3.  (Aristot.  ap.  Pollux,  iv.,  24,  173  ;  fat.,  6, 
80.— Miiller,  Dorians,  iii..  10,  t)  12.) 


LOCATIO. 


LOGOGRAPHOI. 


Ll'TUUS.  Miiller1  supposes  tMs  to  be  an  Etrus- 
r an  word  signifying  crooked.  In  the  Latin  writers 
it  is  used  to  denote, 

1.  The  crooked  staff  borne  by  the  augurs,  with 
which  they  divided  the  expanse  of  heaven,  when 
viewed  with  reference  to  divination  (lemplum),  into 
regions  (regioncs) ;  the  number  of  these,  according 
to  the  Etruscan  discipline,  being  sixteen,  according 
to  Roman  practice,  four.2  Cicero3  describes  the 
lituus  as  "  incurvum  ct  Itvitcr  a  summo  injlexum  ba- 
cileum ;"  and  Livy*  as  "  baculum  sine  nodo  aduncum." 
It  is  very  frequently  exhibited  upon  works  of  art. 
The  figure  in  the  middle  of  the  following  illustra- 
tions is  from  a  most  ancient  specimen  of  Etruscan 
sculpture  in  the  possession  of  Inghirami,6  repre- 
ecnting  an  augur ;  the  two  others  are  Roman  de- 
narii. 


2.  A  sort  of  trumpet  slightly  curved  at  the  extrem- 
ity.6 It  differed  both  from  the  tuba  and  the  cornu,7 
the  former  being  straight,  while  the  latter  was  bent 
round  into  a  spiral  shape.  Lydus8  calls  the  lituus 
the  sacerdotal  trumpet  (LepaTinriv  ouXTuyya),  and 
says  that  it  was  employed  by  Romulus  when  he 
proclaimed  the  title  of  his  city.  Aero9  asserts  that 
it  was  peculiar  to  cavalry,  while  the  tuba  belonged 
to  infantry.  Its  tones  are  usually  characterized  as 
harsh  and  shrill  (stridor  lituum  ;10  sonitus  acutos11). 
The  following  representation  is  from  Fabretti. 


S$ 


JA.XJE.     (Vid.  Calones.) 

LOCA'TI  ET  CONDUCTI  ACTIO.     (Vid.  Lo- 

CATIO.) 

LOCA'TIO,  CONDU'CTIO.  This  contract  ex- 
ists when  a  certain  sum  of  money  (certa  merces)  is 
agreed  to  be  given  by  one  person  in  consideration 
of  certain  work  and  labour  to  be  done  by  another, 
or  in  consideration  of  such  oiher  person  allowing 
the  use  and  enjoyment  of  a  thing  which  is  to  be  re- 
turned. The  parties  to  such  a  contract  were  re- 
spectively the  locator  and  conductor.  The  rules 
as  to  locatio  and  conductio  were  similar  to  those 
which  concerned  buying  and  selling  (emtio  et  ven- 
■iitio).  This  being  the  definition,  a  question  often 
arose  whether  the  contract  was  one  of  locatio  and 
conductio  ;  as  in  the  case  where  a  thing  was  given 
to  a  man  to  be  used,  and  he  gave  the  lender  another 
tiling  to  be  used.  Sometimes  it  was  doubted  wheth- 
er the  contract  was  locatio  and  conductio  or  em- 

1.  (Die  Etrusker,  iv.,  1,  5.)— 2.  (Miiller,  iii.,  6,  1.— Cic,  De 
Div.,  ii.,  18.)— 3.  (De  Div.,  i.,7.)— 4.  (i.,  18.)— 5.  (Monumenti 
Etiuschi,  torn,  vi.,  tav.  P.  5,  1.)— 6.  (Festus,  s.  v.— Gell.,  v.,  8.) 
—7.  (Hor.,  Carm.,  II.,  i.,  17. — Lucan,  i.,  237.)— 8.  (De  Mens., 
iv  ,  50.)— 9.  (ad  Horat.,  Carm.,  I.,  i.,  23.)— 10.  (Lucan,  i.,  237.) 
—  11.  (Ennias  ap.  Fest.,  s.  v.— Stat.,  Theb.,  vi.,  228,  &c.—  Vid. 
Md'ler,  Die  Etrusker,  iv,  1,  5.) 


tio  and  venditio  ;  as  in  the  case  where  a  thing  was 
let  (locata)  forever,  as  was  done  with  lands  belong- 
ing to  municipia,  which  were  let  on  the  condition 
that,  so  long  as  the  rent  (vectigal)  was  paid,  neither 
the  conductor  nor  his  heirs  could  be  turned  out  of 
the  land ;  but  the  better  opinion  was  in  favour  of 
this  being  a  contract  of  locatio  and  conductio. 
( Vid.  Emphyteusis.)  Other  questions  of  a  like  kind 
are  proposed  by  Gaius.1 

The  locator  had  his  action  for  the  merces  and 
the  restitution  of  the  thing,  and  generally  in  respect 
of  all  matters  that  formed  a  part  of  the  contract 
(lex  locationis).  The  conductor  also  had  his  action 
for  the  enjoyment  of  the  thing ;  and  if  the  matter 
was  something  to  be  done  (opera),  there  was  an  ac- 
tio ex  conducto,  and  generally  there  was  an  action 
in  respect  of  all  things  that  formed  part  of  the  con- 
ductio (lex  conductionis2). 

LOCHUS.     (Vid.  Army,  Greek,  p.  98,  99,  100.) 

LO'CULUS.     (Vid.  Funus,  p.  460.) 

LODIX,  dim.  LODI'CULA  (auycov),  a  small  shag- 
gy blanket.3  Sometimes  two  lodices  sewed  to- 
gether were  used  as  the  coverlet  of  a  bed.*  The 
Emperor  Augustus  occasionally  wrapped  himself 
in  a  blanket  of  this  description  on  account  of  its 
warmth.5  It  was  also  used  as  a  carpet  (ancilla  lo- 
dic^lam  in  pavimento  diligenter  exlcndit6).  The  Ro- 
mans obtained  these  blankets  from  Verona.7  The 
lodix  was  nearly,  if  not  altogether,  the  same  as  the 
sagulum  worn  by  the  Germans.8     ( Vid.  Sagum.) 

LOGISTAI.     (Vid.  Euthyne.) 

LOGO'GRAPHOI  (Xoyoypafyoi)  is  a  name  applied 
by  the  Greeks  to  two  distinct  classes  of  persons. 

1.  To  the  earlier  Greek  historians  previous  to 
Herodotus,  though  Thucydides9  applies  the  name 
logographer  to  ail  historians  previous  to  himsel.r. 
and  thus  includes  Herodotus  among  the  number. 
The  Ionians  were  the  first  of  the  Greeks  who  culti  ■ 
vated  history  ;  and  the  first  logographer,  who  lived 
about  Olym.  60,  was  Cadmus,  a  native  of  Miletus, 
who  wrote  a  history  of  the  foundation  of  his  native 
city.  The  characteristic  feature  of  all  the  logogra- 
phers  previous  to  Herodotus  is,  that  they  seem  tc 
have  aimed  more  at  amusing  their  hearers  or  read- 
ers than  at  imparting  accurate  historical  knowledge. 
They  described  in  prose  the  mythological  subjects 
and  traditions  which  had  previously  been  treated 
of  by  the  epic,  and  especially  by  the  cyclic  poets. 
The  omissions  in  the  narratives  of  their  predeces- 
sors were  probably  filled  up  by  traditions  derived 
from  other  quarters,  in  order  to  produce,  at  least  in 
form,  a  connected  history.10 

2.  To  persons  who  wrote  judicial  speeches  or 
pleadings,  and  sold  them  to  those  who  were  in  want 
of  them.  These  persons  were  called  loyo-rzoioi  as 
well  as  XoyoypuQot.  Antiphon,  the  orator,  wau  the 
first  who  practised  this  art  at  Athens,  towards  the 
close  of  the  Peloponnesian  war.11  After  this  time, 
the  custom  of  making  and  selling  speeches  became 
very  general ;  and  though  the  persons  who  practised 
it  were  not  very  highly  thought  of,  and  placed  on  a 
par  with  the  sophists,12  yet  we  find  that  orators  of 
great  merit  did  not  scruple  to  write  speeches  of  va- 
rious kinds  for  other  persons.  Thus  Lysias  wrote 
for  others  numerous  Xoyovc  etc  dacaoTfjpia  re  nai 
{3ov?mc  Kal  Trpbc  kiailnoiac  evdirovc,  and,  besides,  nav 
vyvptKovc,  epcjTucovc,  and  £7uoto?.ikovc.13 

1.  (iii.,  142-147.)— 2.  (Dig.  19,  tit.  2.) —  3.  (Juv.,  vii.,  66.)— 
4.  (Mart.,xiv.,  148.)— 5.  (Suet.,  Octav.,  83.)— 6.  (Petron.,  Sat., 
20.)— 7.  (Mart.,  xiw,  152.)— 8.  (Tac,  Germ.,  6.)— 9.  (i..  21.)— 
10.  (Thirwall,  Hist,  of  Greece,  ii.,  p.  127,  &c— Miiller,  Hist,  of 
Greek  Lit.,  i.,  p.  206,  &c. — Wachsmuth,  Hellen.  Alterth.,  ii.,  2, 
p.  443,  &c.)— 11.  (Plut.,  Vit.  Dec.  Orat.,  p.  832,  ed.  Frankf.- 
Aristot.,  Rhet.,i.,  33.)- 12.  (Demosth.,  De  Fa]s.  Leg.,  p.  417, 
420.— Plat.,  Phaedr.,  p.  257,  C.— Anaxim.,  Rhet.,  xxxvi.,  22  and 
24.— Compare  Plat.,  Euthyd.,  p.  272,  A.  ;  289,  D. ;  305,  A.)— IS 
(Dionyi.  Hal.,  lys.,  p.  82,  ed.  Sylburg.- -Compare  Meier  :uti 
Sckom.,  Att.  Proc.,  p.  707.) 

605 


LORICA. 


LORICA. 


AOIAOPIA2  AIKH.  {Vid.  KAKHPOPIAS  AIKH.) 

*LOLIUM,  Darnel,  a  common  weed  in  cornfields. 
Virgil  applies  to  it  the  epithet  of  infelix.1 

LONCHE  (Uyxn).     (Vid.  Hasta,  p.  488.) 

♦LONCHI'TIS  (koyxlTig),  a  plant,  a  kind  of  Fern. 
Dioscorides  mentions  two  species,  the  first  of  which 
Matthiolus  and  Sprengel  make  to  be  the  Serapius 
lingua.  The  other,  according  to  Sprengel,  is  the 
Asnidium  Lonchitis,  Sw.2 

LO'PE  (Xutzv),  LOPOS  (Itiiroc),  dim.  LOPION 
(huiucv ),  the  ancient  Greek  name  of  the  Amictus, 
whether  consisting  of  the  hide  of  an  animal  or  of 
cloth.  Having  fallen  into  disuse  as  a  colloquial  or 
prosaic  term,3  it  was  retained,  though  employed 
very  sparingly,  by  the  poets.4  We  also  find  it  re- 
tained in  X(otzo6vtijc,  literally,  one  who  puts  on  the 
amictus,  a  term  properly  applicable  to  those  persons 
who  frequented  the  thermae  in  order  to  steal  the 
clothes  of  the  bathers5  (vid.  Baths,  p.  147),  but  used 
in  a  more  general  sense  to  denote  thieves  and  high- 
waymen of  all  classes.  From  the  same  root  was 
formed  the  verb  enXoTrifrLv,  meaning  to  take  off  the 
amictus,  to  denude.6 

LOPHOS.     (Vid.  Galea.) 

LORA'RII.     (Vid.  Flagrum.) 

LORFCA  (i9<5pa£),  a  Cuirass. 

The  epithet  Tuvodupyt;,  applied  to  two  light-armed 
warriors  in  the  Iliad,7  and  opposed  to  xa^K0XlTuvi 
the  common  epithet  of  the  Grecian  soldiers,  indi- 
cates the  early  use  of  the  linen  cuirass.  It  contin- 
ued to  be  worn  to  much  later  times  among  the 
Asiatics,  especially  the  Persians,8  the  Egyptians, 
the  Phoenicians,9  and  the  Chalybes.10  Iphicrates 
endeavoured  to  restore  the  use  of  it  among  the 
Greeks,11  and  it  was  occasionally  adopted  by  the 
Romans,  though  considered  a  much  less  effectual 
defence  than  a  cuirass  of  metal.12 

A  much  stronger  material  for  cuirasses  was  horn, 
which  was  applied  to  this  use  more  especially  by 
the  Sarmatae  and  Quadi,  being  cut  into  small  pieces, 
which  were  planed  and  polished,  and  fastened  like 
feathers  upon  linen  shirts.13  Hoofs  were  employed 
for  the  same  purpose.  Pausanias,14  having  made 
mention  of  a  thorax  preserved  in  the  Temple  of 
^Esculapius  at  Athens,  gives  the  following  account 
of  the  Sarmatians  :  Having  vast  herds  of  horses, 
which  they  sometimes  kill  for  food  or  for  sacrifice, 
they  collect  their  hoofs,  cleanse  and  divide  them, 
and  shape  them  like  the  scales  of  a  serpent  (§o\i- 
ritv) ;  they  then  bore  them  and  sew  them  together, 


orlooTDd'j'O' 


1  (Virg.,  Georg.,  i.,  154.)— 2.  (Dioscor.,  iii.,  151.)— 3.  (Phryn., 
Eel,  p.  461,  ed.  Lobeck.)  —  4.  (Horn.,  Od.,  xiii.,  224.— Apoll. 
Rhod.,  ii.,  32. — Schol.  in  loc. —  Anacreon,  Fragra.,  79. — Theoc- 
rit.,  xiv.,  66.— Erunck,  Anal.,  i.,  230  ;  ii.,  185.) — 5.  (Schol.  in 
Horn.,  1.  c.)— 6.  (Soph.,  Trachin.,  925.)— 7.  (ii.,  529,  830.— 
Schol.  ad  loc.)— 8.  (Xen.,  Cyrop.,  vi.,  4,  t)  2.— Plut.,  Alex.,  p. 
1254,  ed.  Steph.)— 9.  (Herod.,  ii.,  182.— Id.,  iii.,  47.— Paus.,  vi., 
19,  $  4.)— 10.  (Xen.,  Anab.,  iv.,7,  $  15.)— 11.  (Nepos,  Iphic,  i., 
4.)— 12.  (Sueton.,  Galba,  19.— Arrian,  Tact.,  p.  14,  ed.  Blan- 
card.)— 13.  (Amm.  Marcell.,  xvii.,  12,  ed.  Wagner.j—M.  (i.,  21. 


&) 


*>96 


so  that  the  scales  overlap  one  another,  and  in  gen 
eral  appearance  they  resemble  the  surface  of  a  green 
fir-cone.  This  author  adds,  that  the  loricae  made 
of  these  horny  scales  are  much  more  strong  and 
impenetrable  than  linen  cuirasses,  which  are  useful 
to  hunters,  but  not  adapted  for  fighting.  The  pre- 
ceding woodcut,  taken  from  Meyrick's  Critical  In 
quiry  into  Ancient  Armour  (plate  iii.),  exhibits  an 
Asiatic  cuirass  exactly  corresponding  to  this  de- 
scription. It  consists  of  slices  'of  some  animal'a 
hoof,  which  are  stitched  together,  overlapping  each 
other  in  perpendicular  rows,  without  being  fastened 
to  any  under  garment.  The  projection  nearest  the 
middle  must  be  supposed  to  have  been  worn  over 
the  breast,  and  the  other  over  the  back,  so  as  to 
leave  two  vacant  spaces  for  the  arms. 

This  invention  no  doubt  preceded  the  metallic 
scale  armour.  The  Rhoxolani,  a  tribe  allied  to  the 
Sarmatians,  defended  themselves  by  wearing  a  dress 
consisting  of  thin  plates  of  iron  and  hard  leather.1 
The  Persians  wore  a  tunic  of  the  same  description, 
the  scales  being  sometimes  of  gold2  (-&6prjKa  xpv- 
aeov  temduTov3) ;  but  they  were  commonly  of  bronze 
(thoraca  indutus  a'enis  squamis*).  The  method  of 
hooking  them  together,  so  as  to  be  imbricated,  and 
to  fit  closely  to  the  body,  at  the  same  time  not  hin- 
dering its  free  motion,  is  described  by  Heliodorus,5 
who  says  that  the  Persians  covered  their  horses 
also  with  this  kind  of  armour.  The  basis-  of  the 
cuirass  was  sometimes  a  skin,  or  a  piece  of  strong 
linen,  to  which  the  metallic  scales,  or  "  feathers," 
as  they  are  also  called,  were  sewed.6  The  warriors 
of  Parthia,  Dacia,  and  other  countries,  armed  in  this 
species  of  mail,  are  compared  to  moving  statues  of 
resplendent  steel  ;7  and  that  this  description  was 
not  the  mere  extravagance  of  poetry,  is  manifest 
from  the  representation  of  men  so  attired  on  the 
column  of  Trajan. 

The  epithet  leiuduroc,  as  applied  to  a  thorax,  is 
opposed  to  the  epithet  (poludtdToc*  The  former  de- 
notes a  similitude  to  the  scales  offish  (Xsmaiv),  the 
latter  to  the  scales  of  serpents  (fyoliciv).  The  re- 
semblance to  the  scales  of  serpents,  which  are  long 
and  narrow,  is  exhibited  on  the  shoulders  of  the  Ro- 
man soldier  in  the  woodcut  at  page  95.  These 
scales  were  imitated  by  long  flexible  bands  of  steel, 
made  to  fold  over  one  another  according  to  the 
contraction  of  the  body.  They  appear  very  fre- 
quently on  the  Roman  monuments  of  the  times  of 
the  emperors,  and  the  following  woodcut  places  in 


immediate  contrast  a  ■dupa^  lEiridctToc  on  the  right 
and  fyolidotToc  on  the  left,  both  taken  from  Bartoli's 
Arcus  Triumphales. 

The  Roman  hastati  wore  cuirasses  of  chain-mail, 


1.  (Tacit.,  Hist.,  i.,  79.)— 2.  (Herod.,  vii.,  61.)— 3.  (ix.,22.)— 
4.  (Virg.,^En.,  xi.,  487.)— 5.  (ix.,  p.  431,432,  ed.  Comm.)— 6. 
(Virg.,  JEn.,  xi.,  770.— Serv.  in  loc— Justin,  xli.,  2,  10.)— 7. 
(Heliodor.,  1.  c. — Claudian  in  Rufin.,  ii.,  358-363.) — 8.  (Arrian, 
Tact.,  p.  13,  14.) 


LORICA. 


LORICA 


t,  «.,  hauberks  or  habergeons  (alvoi&aTovq  dupa- 
itaf1).  Virgil  several  times  mentions  hauberks,  in 
which  tne  rings,  linked  or  hooked  into  one  another, 
were  of  gold  (ioricam  consertam  hamis,  auroque  trili- 
cenv1).  According  to  Val.  Flaccus,3  the  Sarmatae 
covered  both  themselves  and  their  horses  with 
chain-mail. 

In  contradistinction  to  the  flexible  cuirasses,  or 
coats  of  mail,  which  have  now  been  described,  that 
commonly  worn  by  the  Greeks  and  Romans,  more 
especially  in  the  earlier  ages,  was  called  tfupaf  ora- 
6io<;  or  oTdTog,  because,  when  placed  upon  the 
ground  on  its  lower  edge,  it  stood  erect.  In  conse- 
quence of  its  .irmness,  it  was  even  used  as  a  seat  to 
rest  upon.*  It  consisted  principally  of  the  two 
yvaXa,  viz.,  the  breastplate  (pcctorale),  made  of  hard 
leather,  or  of  bronze,  iron,  or  sometimes  the  more 
precious  metals,  which  covered  the  breast  and  ab- 
domen,8 and  of  the  corresponding  plate  which  cov- 
ered the  back.6  Both  of  these  pieces  were  adapted 
to  the  form  of  the  body,  as  may  be  perceived  in  the 
representation  of  them  in  the  woodcuts  at  pages 
95,  133,  418.     The  two  figures  here  introduced  are 


to  arm  himself  by  buckling  his  cuirass.7  In  Roman 
statues  we  often  observe  a  band  surrounding  the 
waist  and  tied  before.  The  breastplate  and  the  back- 
plate  were  farther  connected  together  by  leathern 
straps  passing  over  the  shoulders,  and  fastened  in 
front  by  means  of  buttons  or  of  ribands  tied  in  a 
bow.  In  the  last  woodcut  both  of  the  connecting 
ribands  in  the  right-hand  figure  are  tied  to  a  ring 
over  the  navel.  The  breastplate  of  Caligula  has  a 
ring  over  each  breast,  designed  to  fulfil  the  same 
purpose. 

Bands  of  metal  often  supplied  the  place  of  the 
leathern  straps,  or  else  covered  them  so  as  to  be- 
come very  ornamental,  being  terminated  by  a  lion's 
head  or  some  other  suitable  figure  appearing  on 
each  side  of  the  breast,  as  in  the  preceding  figure 
of  Caligula.  The  most  beautiful  specimens  of  en- 
riched bronze  shoulder-bands  now  in  existence  are 
those  which  were  found  A.D.  1820,  near  the  river 

1.  (Polyb.,  *i.,  21.— Athen..  v.,  22.— Arrian,  1.  c.)— 2.  (Virg., 
Mn.,  iii.,  467.— Id.  ib.,  v.,  259.— Id.  ib.,  vii.,  639.)— 3.  (Ar?on., 
»i.,  232.)-4.  (Paus.,  x.,  27,  t)  2.)— 5.  (Horn.,  II.,  v.,  99.— Id.  ib., 
Kiii.,  507, 587.— Id.  ib.,  xvii.,  314  )— 6.  (F  ms.,  x.,  26,  <f  2.— Horn., 
fl- xy.  530.)— 7    (Pan*.,  I.e.) 


designed  to  show  the  usual  difference  of  form  and 
appearance  between  the  antique  Greek  thorax  and 
that  worn  by  the  Roman  emperors  and  gene/als. 
The  right-hand  figure  is  from  one  of  Mr.  Hope's 
fictile  vases,1  and  bears  a  very  strong  resemblance 
to  a  Greek  warrior  painted  on  one  of  Sir  W.  Ham- 
ilton's.2 The  figure  on  the  left  hand  is  taken  from 
a  marble  statue  of  Caligula  found  at  Gabii.3  The 
Gorgon's  head  over  the  breast,  and  the  two  griffons 
underneath  it,  illustrate  the  style  of  ornament  which 
was  common  in  the  same  circumstances.*  (Vid, 
^Eois,  p.  27.)  The  execution  of  these  ornaments 
in  relief  was  more  especially  the  work  of  the  Co- 
rinthians.6 

The  two  plates  were  united  on  the  right  side  of 
the  body  by  two  hinges  (vid.  Cardo,  p.  215),  as 
seen  in  the  equestrian  statue  of  the  younger  Balbus 
at  Naples,  and  in  various  portions  of  bronze  cui- 
rasses still  in  existence.  On  the  other  side,  and 
sometimes  on  both  sides,  they  were  fastened  by 
means  of  buckles  (irepovai6).  (Vid.  Fibula.)  In 
the  Temple  of  Diana  at  Ephesus  was  a  picture  rep- 
resenting women  employed  in  assisting  Patroclua 


Siris  in  S.  Italy,  and  which  are  preserved  in  the 
British  Museum.  They  were  originally  gilt,  and 
represent  in  very  salient  relief  two  Grecian  heroes 
combating  two  Amazons.  They  are  seven  inches 
in  length,  and  belong  to  the  description  of  bronzes 
called  epya  aebvp^ara,  having  been  beaten  into  form 
with  wonderful  skill  by  the  hammer.  The  Cheva- 
lier Brbndsted7  has  illustrated  the  purpose  which 
they  served,  by  showing  them  in  connexion  with  a 
portion  of  another  lorica,  which  lay  upon  the  shoul- 
ders behind  the  neck.  This  fragment  was  found  in 
Greece.  Its  hinges  are  sufficiently  preserved  to 
show  most  distinctly  the  manner  in  which  the  shoi  J- 
der-bands  were  fastened  to  them  (see  woodcut). 

"  Around  the  lower  edge  of  the  cuirass,"  observe* 
Brondsted,  "  were  attached  straps,  four  or  five  inch 
es  long,  of  leather,  or  perhaps  of  felt,  and  covered 
with  small  plates  of  metal.     These  straps  served  in 
part  for  ornament,  and  partly,  also,  to  protect  the 


1.  (Costumes  of  the  Ancients,  i.,  102.)— 2.  (i.,4.)— 3.  (Visconti  _ 
Mon.  Gab.,  No.  38.)— 4.  (Mart.,  VII.,  i.,  1-4.)— 5.  (Cic,  Verr., 
Act.  II.,  iv.,  44.)— 6.  (Paus.,  L  c.)— 7.  (Bronze*  of  Sin»,  I.ou 
i  don,  1836.) 

W»7 


LOUTRorv 


LOUTRON. 


lower  region  of  the  body  in  concert  with  the  belt 
{Cuvij)  and  the  band  {jifrpa)."  They  are  well  shown 
in  both  the  figures  of  the  preceding  woodcut.  (See 
also  the  woodcuts  at  pages  86,  268,  418.) 

Instead  of  the  straps  here  described,  which  the 
Greeks  called  nrepvyeg,1  the  Chalybes,  who  were 
encountered  by  Xenophon  on  his  retreat,2  had  in 


the  same  situation  a  kind  of  cordage.  Appendages 
of  a  similar  kind  were  sometimes  fastened  by  hinges 
to  the  lorica  at  the  right  shoulder,  for  the  purpose 
of  protecting  the  part  of  the  body  which  was  ex- 
*-osed  by  lifting  up  the  arm  in  throwing  the  spear  or 
using  the  sword.3 

Of  Grecian  cuirasses  the  Attic  were  accounted 
the  best  and  most  beautiful.*  The  cuirass  was 
worn  universally  by  the  heavy-armed  infantry  and 
by  the  horsemen  (vid.  Army,  p.  107),  except  that 
Alexander  the  Great  gave  to  the  less  brave  of  his 
soldiers  breastplates  only,  in  order  that  the  defence- 
less stale  of  their  backs  might  decrease  their  pro- 
pensity to  flight.5  These  were  called  half-cuirasses 
{■rjuidupaKLa).  The  thorax  was  sometimes  found  to 
be  very  oppressive  and  cumbersome.6 

♦LOTUS  Omtoc).  "The  Loti  of  the  ancients 
may  be  arranged  under  the  following  heads  :  I.  The 
Awrdf  upon  which  the  horses  pastured  was  a  sort 
of  Clover  ;  it  may  be  confidently  set  down  as  the 
Trifolium  officinale,  or  common  Melilot.  It  is  very 
probable,  however,  that  the  term  may  not  have  been 
restricted  to  it,  but  may  have  comprehended  others 
of  the  trefoils.  II.  Under  the  Lotus  aquations  the 
ancients  comprehended  three  Egyptian  plants  of  the 
Water-lily  tribe,  namely,  the  Nymphaa  Lotus,  Nym- 
pfuza  nelumlo,  and  Arum  colocasia  :  the  first  two 
are  well  described  by  Herodotus.7  III.  Under  the 
Lotus  arbor  were  comprehended  the  Celtis  Australis, 
several  species  of  Rhamnus,  and  the  Diospyros  Lo- 
tus.— This  is  the  celebrated  Lotus  of  the  Lotophagi, 
an  African  people,  whom  Dionysius  the  geographer 
and  Ptolemy  place  in  the  vicinity  of  the  Great  Syr- 
tis,  or  Gulf  of  Sidra.  But,  according  to  Rennell 
and  Park,  the  tree  which  produces  the  lotus-bread 
is  widely  disseminated  over  the  edge  of  the  Great 
Desert,  from  the  locality  indicated  by  the  ancients 
to  the  borders  of  the  Atlantic."  For  farther  infor- 
mation respecting  the  ancient  Loti,  more  especially 
the  kind  from  which  the  Lotophagi  obtained  both 
bread  and  wine,  see  Eustathius  in  Horn.,  Od.,  p. 
337,  ed.  Basil. — Schol.  in  Plat.,  Repub.,  viii. — Spren- 
gel's  Dissertation  on  the  Loti. — Schweighaeuser  ad 
Athen.,  xiv.,  16. — Heeren's  Researches,  &c,  vol. 

iv.,  c.  1  ;  v.,  4. — Fee,  Flore  de  Virgile,  p.  lxxx., 
&c.8 

LOUTRON,  LOETRON  (lovrpov,  loerpov),  a 
Bath.  The  use  of  the  bath  in  the  Homeric  ages  is 
explained  on  pages  143,  144 ;  it  remains  to  speak 
of  the  Greek  baths  in  the  republican  period.  At 
Athens  the  frequent  use  of  the  public  baths  was  re- 

1.  (Xen.,  De  Re  Equest.,  xii.,  4.)— 2.  (Anab.,  iv.,  7,  t>  15.) — 

.  3.  (Xen.,  De  Re  Equest.,  xii.,  6.)— 4.  (.Elian,  V.  H.,  Hi.,  24.)— 

9.  (Polyren.,  iv.,  3,  13.)— 6.  (Tac,  Ann.,  i.,  64.)— 7.  (ii.,  92.— 

Compare  Savary,  Lottres  sur  l'Egvpte.) — 8.  (Adams,  Append., 

598 


garded  in  the  time  of  Socrates  and  Demosthenes  as 
a  mark  of  luxury  and  effeminacy.1  Accordingly, 
Phocion  was  said  to  have  never  bathed  in  a  public 
bath  (kv  fiaXaveiu  dquoctevovTi*),  and  Socrates  to 
have  made  use  of  it  very  seldom.3  It  was,  how- 
ever, only  the  warm  baths  (fialavEla,  called  by 
Homer  dsp/id  lovrpa)  to  which  objection  was  made, 
and  which  in  ancient  times  were  not  allowed  to  be 
built  within  the  city.*  The  estimation  in  which 
such  baths  were  held  is  expressed  in  the  following 
lines  of  Hermippus  :5 

Ma  tov  At',  ov  uevtol  f.iedvELv  tov  avdpa  xoy 
tov  ayadbv,  ovds  ■&epjuo?.ov~elv,  a  av  iroielg. 

In  the  Clouds  of  Aristophanes,  the  d'wcuoc  Aoyos 
warns  the  young  man  to  abstain  from  the  baths 
(/3a?iavEco)v  direxeo-dai.6),  which  passage,  compared 
with  1.  1028-1037,  shows  that  warm  baths  are  in- 
tended by  the  word  /3a\avela. 

The  baths  (ftaXavtla)  were  either  public  (dy/ioo-ia, 
dquocievovTa)  or  private  (Idia,  IdiuriKa).  The  for- 
mer were  the  property  of  the  state,  but  the  latter 
were  built  by  private  individuals,  and  were  opened 
to  the  public  on  the  payment  of  a  fee  (hm'kovTpov). 
Such  private  baths  are  mentioned  by  Plutarch7  and 
Isaeus,8  who  speak  of  one  which  was  sold  for  3000 
drachmae.9  Baths  of  this  kind  may  also  have  been 
intended  sometimes  for  the  exclusive  use  of  the 
persons  to  whom  they  belonged.10  A  small  fee  ap- 
pears to  have  been  also  paid  by  each  person  to  the 
keeper  of  the  public  baths  (fiakavevg ),  which  in  the 
time  of  Lucian  was  two  oboli.11 

We  know  very  little  of  the  baths  of  the  Athenians 
during  the  republican  period,  for  the  account  of 
Lucian  in  his  Hippias  relates  to  baths  constructed 
after  the  Roman  model.  On  ancient  vases,  on 
which  persons  are  represented  bathing,  we  never 
find  anything  corresponding  to  a  modern  bath  in 
which  persons  can  stand  or  sit ;  but  there  is  always 
a  round  or  oval  basin  (kovrrjp  or  \ovTr\piov)  resting 
on  a  stand  {vttootcltov),  by  the  side  of  which  those 
who  are  bathing  are  represented  standing  undressed 
and  washing  themselves,  as  is  seen  in  the  following 
woodcut,  taken  from  Sir  W.  Hamilton's  vases.18 
The  word  AHMOSIA  upon  it  shows  that  it  belonged 
to  a  public  bath. 


The  next  woodcut  is  also  taken  from  the  same 
work,13  and  represents  two  women  bathing.  The 
one  on  the  right  hand  is  entirely  naked,  and  holds  a 
looking-glass  in  her  right  hand  ;  the  one  on  the  left 
wears  only  a  short  kind  of  xituviov.  Eros  is  rep- 
resented hovering  over  the  bathing  vessel. 

Besides  the  "kovTfjpeg  and  "kovrr]pia,  there  were  also 
vessels  for  bathing  large  enough  foi  persons  to  sit 

1.  (Demosth.,  c.  Polycl.,  p.  1217.)— 2.  (Plut.,  Phoc,  4.)— 3. 
(Plato,  Symp.,  p.  174.)  — 4.  (Athen.,  i.,  p.  18,  B.)— 5.  (ap. 
Athen.,  1.  c.)— 6.  (1.  978.)— 7.  (Demetr.,  24.)— 8.  (De  Dicseo^ 
h?ered.,  p.  101.)— 9.  (De  Philoct.  h;ered.,  p.  140.)— 1©  (Xen"., 
Rep.  Ath.,  ii.,  10.)— 11.  (Lucian,  Lexiph.,  2,  vol.  ii.,  p.  330. V— 
12.  (Tischbein,  i.,  pi.  58.)— 13.  (i.,  pi.  59.) 


l-OUTRON. 


LUCERNA. 


m,  which  are  called  aadfiivdot  by  Homer  and  irv- 
*koi  by  the  later  Greeks,1  and  are  described  on 
page  143.  In  the  baths  there  was  also  a  kind  of 
sudorif.c  or  vapour  bath,  called  -wvpta  or  nvpiarripiov, 
which  is  mentioned  as  early  as  the  time  of  Herodo- 
tus.2 The  Lacedaemonians  also  made  use  of  a  dry 
sudor  jC  bath.     (Vid.  Baths,  p.  144.) 

The  persons  who  bathed  probably  brought  with 
them  ?/rigils,  oil,  and  towels.  The  stiigil,  which 
was  called  by  the  Greeks  arleyyiq  or  tjvarpa,  was 
usual."/  made  of  iron,  but  sometimes,  also,  of  other 
materials.3  One  of  the  figures  in  the  preceding 
woodcut  is  represented  with  a  strigil  in  his  hand ; 
several  strigils  are  figured  in  page  150.  The  Greeks 
also  used  different  materials  for  cleansing  or  wash- 
ing themselves  in  the  bath,  to  which  the  general 
name  of  ^vfi\ia  was  given,  and  which  were  supplied 
by  the  j3a?sivevc*  This  pvpua  usually  consisted  of 
a  ley  made  of  lime  or  wood-ashes  (novia),  of  nitrum, 
and  of  fuller's  earth  (yf/  KifiuXta5). 

The  bath  was  usually  taken  shortly  before  the 
tSetKvov,  or  principal  meal  of  the  day.  It  was  the 
practice  to  take  first  a  warm  or  vapour,  and  after- 
ward a  cold  bath,6  though  in  the  time  of  Homer  the 
cold  bath  appears  to  have  been  taken  first,  and  the 
warm  bath  afterward.  The  cold  water  was  usually 
poured  on  the  back  or  shoulders  of  the  bathers  by 
the  (3aXavevg  or  his  assistants,  who  are  called  napa- 
Xvrai.1  The  vessel  from  which  the  water  was 
poured  was  called  apvraiva*  In  the  first  of  the 
preceding  woodcuts  a  irapaxvTTjg  is  represented  with 
an  dpvTatva  in  his  hands. 

Among  the  Greeks  a  person  was  always  bathed 
at  birth,  marriage,  and  after  death  (vid.  Fonus,  p. 
455) ;  whence  it  is  said  of  the  Dardanians,  an  Illyri- 
an  people,  that  they  bathe  only  thrice  in  their  lives, 
at  birth,  marriage,  and  after  death.9  The  water  in 
which  the  bride  was  bathed  (lovrpbv  vvfubiKov10),  at 
Athens,  was  taken  from  the  fountain  of  Kallirrhoe, 
which  was  called  from  the  time  of  Peisistratus  'Ev- 
veuKpovvoc.11  Compare  Pollux,  iii.,  43. — Harpocrat., 
g.  v.  Aov-po(p6poc,  who  says  that  the  water  was 
fetched  by  a  boy,  who  was  the  nearest  relative,  and 
that  this  boy  was  called  ?.ovTpo(f>6pog.  He  also 
states  that  water  was  fetched  in  the  same  way  to 
bathe  the  bodies  of  those  who  had  died  unmarried, 
and  that  on  the  monuments  of  such  a  boy  was  rep- 
resented holding  a  water- vessel  (vdpia).     Pollux,12 


1.  (Schol.  ad  Aristoph.,  Equit.,  1055. — Hesych.,  s.  v.  HvaXos. 
—Pollux,  Onom.,  vii.,  166,  168.) — 2.  (iv.,  75. — Compare  Pollux, 
Cnom.,  vii.,  168. — Athen.,  v.,  p.  207,/. — Id.,  xii.,  p.  519,  c. — 
Plut.,  Cim.,  1.)— 3.  (Plut.,  Inst.  Lac,  32.— JElian,  V.  II.,  12, 
49.)— 4.  (Aristoph.,  Lysistr.,  377.) — 5.  (Aristoph.,  Ran.,  710, 
*nd  Schol.— Pbt.,  Rep.,  iv.,  p.  430.)— 6.  (Plut.,  de  primo  frig-., 
10.—  Paus.,  ii.,  34,  t>  2.)— 7.  (Plat.,  Rep.,  i.,  p.  344.— Lucian, 
Demosth.  Encom.,  16,  vol.  iii.,  p.  503.— Plut.,  De  Invid.,  6.— 
Id.,  Apophth.  Lac.  49.)— 8.  (Aristoph.,  Equit.,  1087.— Theo- 
phrast.,  Char.,  9.)— 9.  (Niccl.  Damasc,  ap.  Stob.,  v.,  51,  p.  152, 
ed.  Gaisf.)— 10.  (AristopV,  Lysirr.,  378.)— 11.  (Thucyd.,  ii., 
15.)— 12.  (1  c.) 


however,  states  that  it  was  a  female  who  fetched 
the  water  on  such  occasions,  and  Demosthenes1 
speaks  of  tj  lovrpodopog  on  the  monument  of  a  per- 
son who  had  died  unmarried.  In  remains  of  ancient 
art  we  find  girls  represented  as  hovrpoyopot,  but 
never  boys. a 

LOUTROPH'ORUS.     (Vid.  Lodtuon  ^ 

LUCAR.     (Vid.  Histrio,  p.  507.) 

LUCERES.     (Vid.  Tribus.) 

LUCERNA  (Ivxvoq),  an  Oil-lamp.  The  Greeks 
and  Romans  originally  used  candles,  but  in  later 
times  candles  were  chiefly  confined  to  the  houses 
of  the  lower  classes.  (Vid.  Candela.)  A  great 
number  of  ancient  lamps  has  come  down  to  us,  the 
greater  part  of  which  are  made  of  terra-cotta  (rpo- 
xfaaTOL3),  but  also  a  considerable  number  of  bronze. 
Most  of  the  lamps  are  of  an  oval  form,  and  flat  upon 
the  top,  on  which  there  are  frequently  figures  in  re- 
lief. (See  the  woodcuts,  p.  114,  350,  408.)  In  the 
lamps  there  are  one  or  more  round  holes,  according 
to  the  number  of  wicks  (ellychnia)  burned  in  it ;  and 
as  these  holes  were  called,  from  an  obvious  analo- 
gy, fiVKTrjpec  or  fivtjai,  literally,  nostrils  or  nozzles, 
the  lamp  was  also  called  Monomyxos,  Dimyxos,  Tri- 
myxos,  or  Polymyxos,  according  as  it  contained  one, 
two,  three,  or  a  greater  number  of  nozzles  or  holes 
for  the  wicks.  (Vid.  Ellychnium.)  The  following 
example  of  a  dimyxos  lucerna,  upon  which  there  is 
a  winged  boy  with  a  goose,  is  taken  from  the  Mu- 
seo  Borbonico,  iv.,  14. 


The  next  woodcut,  taken  from  the  same  wore,* 
represents  one  of  the  most  beautiful  bronze  lamps 
which  has  yet  been  found.  Upon  it  is  the  figure  of 
a  standing  Silenus. 


The  lamps  sometimes  hung  in  chains  from  the 
ceiling  of  the  room,5  but  generally  stood  upon  a 
stand.  (Vid.  Candelabrum.)  Sometimes  a  figure 
holds  the  lamp,  as  in  the  following  woodcut,6  which 
also  exhibits  the  needle  or  instrument  spoken  of 
under  Ellychnium,  which  served  to  trim  the  wick, 
and  is  attached  to  the  figure  by  means  of  a  chain. 

We  read  of  lucernce.  cubiculares,  balneares,  Iricli- 

1.  (c  Leochar.,  p.  1089,  23.— Compare  p.  1086,  14,  &c.)—% 
(Brftnsted,  Brief  Description  of  thirty-two  ancient  Greek  Vases, 
pi.  27.— Consult  Beckir,  Charikles,  ii.,  p.  135-146  ;  p.  459-462.) 
—3.  (Aristoph.,  Eccles.,  I.)— 4.  (i.,  10.)— 5.  (Virg.,  JEn.,  i.,  720. 


— Petron.,  30.) — 6.  (Museo  Borbon.,  vii.,  15.) 


599 


HJDl. 


LIJD1. 


nuires,  sepulcrales,  &c.  ;  but  these  names  were  only 
£iven  to  the  lamps  on  account  of  the  purposes  to 
♦yhich  they  were  applied,  and  not  on  account  of  a 
inference  in  shape.  The  lucerna  cubiculares  burned 
r  1  bedchambers  all  night.1 

Perfumed  oil  was  sometimes  burned  in  the  lamps.2 

LUDI  is  the  common  name  for  the  whole  variety 
of  games  and  contests  which  were  held  at  Rome  on 
v  arious  occasions,  but  chiefly  at  the  festivals  of  the 
g  )ds ;  and  as  the  ludi  at  certain  festivals  formed 
tfce  principal  part  of  the  solemnities,  these  festivals 
themselves  are  called  ludi.  Sometimes,  however, 
ludi  were  also  held  in  honour  of  a  magistrate  or  of 
a  deceased  person,  and  in  this  case  the  games  may 
be  considered  as  ludi  privati,  though  all  the  people 
nvight  take  part  in  them. 

All  ludi  were  divided  by  the  Romans  into  two 
classes,  viz.,  ludi  circenses  and  ludi  scenici,3  accord- 
ingly as  they  were  held  in  the  circus  or  in  the  the- 
atie  ;  in  the  latter  case  they  were  mostly  theatrical 
representations  with  their  modifications ;  in  the 
former,  they  consisted  of  all  or  a  part  of  the  games 
enumerated  in  the  articles  Circus  and  Gladiatores. 
Another  division  of  the  ludi  into  stati,  imperativi, 
and  votivi,  is  analogous  to  the  division  of  the  feriae. 
(Vid.  Ferine,  p.  435.) 

The  superintendence  of  the  games  and  the  so- 
lemnities connected  with  them  was  in  most  cases 
intrusted  to  the  aediles.  (Vid.  ^Ediles.)  If  the 
lawful  rites  were  not  observed  in  the  celebration  of 
the  ludi,  it  depended  upon  the  decision  of  the  pon- 
tiffs whether  they  were  to  be  held  again  (instaurari) 
or  not.  An  alphabetical  list  of  the  principal  ludi  is 
subjoined. 

LUDI  APOLLINA'RES  were  instituted  at  Rome 
during  the  second  Punic  war,  after  the  battle  of 
Cannae  (212  B.C.),  at  the  command  of  an  oracle 
contained  in  the  books  of  the  ancient  seer  Marcius 
(carmina  Marciana*).  It  was  stated  by  some  of  the 
ancient  annalists  that  these  ludi  were  instituted  for 
Ihe  purpose  of  obtaining  from  Apollo  the  protection 
of  human  life  during  the  hottest  season  of  summer ; 
but  Livy  and  Macrobius  adopt  the  account  founded 
upon  the  most  authentic  document,  the  carmina 
ftfarciana  themselves,  that  the  Apollinarian  games 
were  instituted  partly  to  obtain  the  aid  of  Apollo 
in  expelling  the  Carthaginians  from  Italy,  and  part- 
ly to  preserve,  through  the  favour  of  the  god,  the 
Republic  from  all  dangers.  The  oracle  suggested 
that  the  games  should  be  held  every  year,  under  the 

1.  (Mart.,  xiv.,  39.— Id.,  x.,  38.)— 2.  (Petron.,  70.— Mart.,  x.,  38, 
9.— Consult  Passeri,  "Lucerne  fictiles."—  Bottiger,  "  die  Sile- 
aue-lamnen,"  Amalth.,  iii.,  p.  168,  &c— Becker,  Charikles,  ii., 
p.  215  Ac— Id.,  Gallus,  ii.,  p.  201,  &c.)— 3.  (Cic,  De  Leg.,  ii., 
4*.) — 4.  (Liv.,  xxv.,  12.— Macrob.,  Sat.,  i.,  17.) 
600 


superintendence  of  the  praetor  urbanus,  and  that 
ten  men  should  perform  the  sacrifices  according  tc 
Greek  rites.  The  senate,  complying  with  the  ad- 
vice of  the  oracle,  ma&e  two  senatus  consulta ;  one 
that,  at  the  end  of  the  games,  the  praetor  should  re- 
ceive 12,000  asses  to  be  expended  on  the  solemni- 
ties and  sacrifices,  and  another  that  the  ten  men 
should  sacrifice  to  Apollo,  according  to  Greek  rite*. 
a  bull  with  gilded  horns,  and  two  white  goats  also 
with  gilded  horns,  and  "to  Latona  a  heifer  with 
gilded  horns.  The  games  themselves  were  held  in 
the  Circus  Maximus,  the  spectators  were  adorned 
with  chaplets,  and  each  citizen  gave  a  contribution 
towards  defraying  the  expenses.1  The  Roman 
matrons  performed  supplications,  the  people  took 
their  meals  in  the  propatulum  with  open  doors,  and 
the  whole  day — for  the  festival  lasted  only  one  day 
— was  filled  up  with  ceremonies  and  various  othei 
rites.  At  this  first  celebration  of  the  ludi  Apollina- 
res,  no  decree  was  made  respecting  the  annual  rep- 
etition suggested  by  the  oracle,  so  that  in  the  first 
year  they  were  simpy  ludi  votivi  or  indictivi.  The 
year  after  (211  B.C.),  the  senate,  on  the  proposal 
of  the  praetor  Calpumius,  decreed  that  they  should 
be  repeated,  and  that,  in  future,  they  should  be  vow- 
ed afresh  every  year.8  The  day  on  which  they 
were  held  varied  every  year  according  to  circum- 
stances. A  few  years  after,  however  (208  B.C.), 
when  Rome  and  its  vicinity  were  visited  by  a 
plague,  the  praetor  urbanus,  P.  Licinius  Varus, 
brought  a  bill  before  the  people  to  ordain  that  the 
Apollinarian  games  should  in  future  always  be  vow- 
ed and  held  on  a  certain  day  (dies  status),  viz.,  on 
the  sixth  of  July,  which  day  henceforward  remain- 
ed a  dies  solennis.3  The  games  thus  became  votivi 
et  stativi,  and  continued  to  be  conducted  by  the 
praetor  urbanus.*  But  during  the  Empire  the  day 
of  these  solemnities  appears  again  to  have  been 
changed,  for  Julius  Capitolinus5  assigns  them  to  the 
26th  of  May. 

LUDI  AUGUSTA'LES.  (Vid.  Augustales.) 
LUDI  CAPITOLI'NI  were  said  to  have  been  in- 
stituted by  the  senate  on  the  proposal  of  the  dicta- 
tor M.  Furius  Camillus,  in  the  year  387  B.C.,  after 
the  departure  of  the  Gauls  from  Rome,  as  a  token 
of  gratitude  towards  Jupiter  Capitolinus,  who  had 
saved  the  Capitol  in  the  hour  of  danger.  The  de- 
cree of  the  senate  at  the  same  time  intrusted  the 
superintendence  and  management  of  the  Capitoline 
games  to  a  college  of  priests,  to  be  chosen  by  the 
dictator  from  among  those  who  resided  on  the  Cap- 
itol and  in  the  citadel  (in  arce),  which  can  only 
mean  that  they  were  to  be  patricians.6  These 
priests  were  called  Capitolini.7  One  of  the  amuse- 
ments at  the  Capitoline  games,  which  was  observed 
as  late  as  the  time  of  Plutarch,  was  that  a  herald 
offered  the  Sardiani  for  public  sale,  and  that  some 
old  man  was  led  about,  who,  in  order  to  produce 
laughter,  wore  a  toga  praetexta,  and  a  bulla  puerilis 
which  hung  down  from  his  neck.8  According  to 
some  of  the  ancients,  this  ceremony  was  intended 
to  ridicule  the  Veientines,  who  were  subdued,  after 
long  wars  with  Rome,  and  numbers  of  them  sold 
as  slaves,  while  their  king,  represented  by  the  old 
man  with  the  bulla  (such  was  said  to  have  been  the 
costume  of  the  Etruscan  kings),  was  led  thrcugh 
the  city  as  an  object  of  ridicule. 

The  Veientines  were  designated  by  the  name  Sar- 
diani or  Sardi,  because  they  were  believed  to  have 
come  from  Lydia,  the  capital  of  which  was  Sardes. 
This  specimen  of  ancient  etymology,  however,  is 
set  at  naught  by  another  interpretation  of  the  cere- 

1.  (Festus,  s.  v.  Apollinares.) — 2.  (Liv.,  xxvi.,  23.) — 3.  (Lirv 
xxvh.,  23.) — 4.  (Cic,  Phil.,  ii..  13.)— 5.  (Maxim,  et  Ba.bin.,  a 
1.)— 6.  (Liv.,  v.,  50,  52.)— 7.  (Cic.  ad  Quint.  Fratr.,  ii.,  5.)— 8. 
(Plut.,  Qu&st.  Rom.,  p.  277. — Fest.,  s.  v.  Sardi  venaleB.) 


LUDI. 


LUDI. 


tic  ly,  given  by  Sinnius  Capito.  According  to  this 
author,  the  name  Sardiani  or  Sardi  had  nothing  to  do 
with  the  Veientines,  but  referred  to  the  inhabitants 
of  Sardinia.  When  their  island  was  subdued  by 
the  Remans  in  B.C.  238,  no  spoils  were  found,  but 
a  great  number  of  Sardinians  were  brought  to  Rome 
and  sold  as  slaves,  and  these  proved  to  be  slaves 
of  the  worst  kind.1  Hence  arose  the  proverb  "  Sar- 
di venales;  alius  alio  nequior;"2  and  hence,  also, 
the  ceremony  at  the  Capitoline  games.  When  or 
at  what  intervals  these  ludi  were  celebrated  is  not 
mentioned.  During  the  time  of  the  Empire  they 
seem  to  have  fallen  into  oblivion,  but  they  were  re- 
stored by  Domitian,  and  were  henceforth  celebra- 
ted every  fifth  year,  under  the  name  of  agones  Cap- 
itolini.3 

LUDI  CIRCE'NSES,  ROMA'NI  or  MAGNI, 
were  celebrated  every  year  during  several  days, 
from  the  fourth  to  the  twelfth  of  September,  in  hon- 
our of  the  three  great  divinities,  Jupiter,  Juno,  and 
Minerva,*  or,  according  to  others,  in  honour  of  Ju- 
piter, Consus,  and  Neptunus  Equestris.  They  were 
superintended  by  the  curule  aediles.  For  farther 
particulars,  see  Circus,  p.  255,  &c. 

LUDI  COMPITALrCII.  (Vid.  Compitalia.) 
LUDI  FLORA'LES.  (Vid.  Floralia.) 
LUDI  FUNEBRES  were  games  celebrated  at  the 
funeral  pyre  of  illustrious  persons.  Such  games 
are  mentioned  in  the  very  early  legends  of  the  his- 
tory of  Greece  and  Rome,  and  they  continued,  with 
various  modifications,  until  the  introduction  of 
Christianity.  It  was  at  such  a  ludus  funebris  that, 
in  the  year  264  B.C.,  gladiatorial  fights  were  exhib- 
ited at  Rome  for  the  first  time,  which  henceforward 
remained  the  most  essential  part  in  all  ludi  fune- 
bres.  (Vid.  Gladiatores,  p.  475.)  The  duration 
of  these  games  varied  according  to  circumstances. 
They  lasted  sometimes  for  three,  and  sometimes 
for  four  days,  though  it  may  be  supposed  that,  in 
the  majority  of  cases,  they  did  not  last  more  than 
one  day.  On  one  occasion  120  gladiators  fought  in 
the  course  of  three  days,  and  the  whole  Forum  was 
covered  with  triclinia  and  tents,  in  which  the  peo- 
ple feasted.5  It  was  thought  disgraceful  for  women 
to  be  present  at  these  games,  and  Publius  Sempro- 
nius  separated  himself  from  his  wife  because  she 
had  been  present  without  his  knowledge  at  ludi 
funebres.6  These  ludi,  though  on  some  occasions 
the  whole  people  took  part  in  them,  were  not  ludi 
publici,  properly  speaking,  as  they  were  given  by 
private  individuals  in  honour  of  their  relations  or 
friends.     (Compare  Fuxus,  p.  462.) 

LUDI  HONQRA'RII  are  expressly  mentioned 
only  by  Suetonius,7  who  states  that  Augustus  de- 
voted thirty  days,  which  had  been  occupied  till  that 
time  by  ludi  honorarii,  to  the  transaction  of  legal 
business.  What  is  meant  by  ludi  honorarii  is  not 
quite  certain.  According  to  Festus,8  they  were 
the  same  as  the  Liberalia.  Scaliger,  however,  in 
his  note  on  Suetonius,  has  made  it  appear  very 
probable  that  they  were  the  same  as  those  which 
Tertullian9  says  were  given  for  the  purpose  of  gain- 
ing honours  and  popularity,  in  contradistinction  to 
other  ludi,  which  were  intended  either  as  an  honour 
to  the  gods,  or  as  oaia  for  the  dead.  At  the  time 
cf  Augustus,  this  kind  of  ludi,  which  Tacitus10  seems 
to  designate  by  the  name  inania  honoris,  were  so 
common  that  no  one  obtained  any  public  office 
.vithout  lavishing  a  considerable  portion  of  his  prop- 
erty on  the  exhibition  of  games.     Augustus,  there- 

1.  (Fest.,  1.  c— Aurel.  Vict.,  De  Vir.  Illustr.,  c.  57.)— 2.  (Cic. 
id  Farm,  vii.,  24.) — 3.  (Vid.  Jos.  Scaliger,  Auson.  Lect.,  i.,  10.) 
—4.  (Cic.  in  Verr.,  v.,  14.)— 5.  (Liv.,xxxi.,  50.— Id.,  xxii.,  30.— 
Id.,  xxxix.,  46.— Pliu.,  II.  N.,  xxxv.,  7.)— 6.  (Plut..  Quaest.  Rom., 
p.  267,  B.—  Val.  Max.,  vi.,  3,  t)  12.— Compare  Suet.,  Octav.,  44.) 
—7.  (Octav.,  32.)— ».  (s.  v.  Honorarios  ludos.)— 9.  (De  Spect., 
e  21.)— 10.  (Agric,  C.) 
4G 


fore,  wisely  assigned  thirty  of  the  days  of  the  year, 
on  which  such  spectacles  had  been  exhibited  pre- 
viously, to  the  transaction  of  business,  i.  e.,  he 
made  these  thirty  days  fasti.1 

LUDI  LIBERATES.     (Vid.  Dionysia,  p.  366.) 

LUDI  MARTIALES  were  celebrated  every  yeai 
on  the  first  of  August,  in  the  circus,  and  in  honour 
of  Mars,  because  the  Temple  of  Mars  had  been  ded- 
icated on  this  day.2  The  ancient  calendaria  mention 
also  other  ludi  martiales,  which  were  held  in  the 
circus  on  the  12th  of  May. 

LUDI  MEGALE'NSES.     (Vid.  Megalesia.) 

LUDI  NATALITII  are  the  games  with  which 
the  birthday  of  an  emperor  was  generally  celebra- 
ted. They  were  held  in  the  circus,  whence  they 
are  sometimes  called  circenses.3  They  consisted 
generally  of  fights  of  gladiators  and  wild  beasts. 
On  one  occasion  of  this  kind,  Hadrian  exhibited 
gladiatorial  combats  for  six  days,  and  one  thousand 
wild  beasts. 

LUDI  PALATPNI  were  instituted  by  Livia  in 
honour  of  Augustus,  and  were  held  on  the  Palatine.* 
According  to  Dion  Cassius  they  were  celebrated 
during  three  days,  but  according  to  Josephus5  they 
lasted  eight  days,  and  commenced  on  the  27th  of 
December.6 

LUDI  PISCATO'RII  were  held  every  year  on 
the  6th  of  June,  in  the  plain  on  the  right  bank  of  the 
Tiber,  and  were  conducted  by  the  preetor  urbanus 
on  behalf  of  the  fishermen  of  the  Tiber,  who  made 
the  day  a  holyday.r 

LUDI  PLEBETI  were,  according  to  Pseudo-As- 
conius,8  the  games  which  had  been  instituted  in 
commemoration  of  the  freedom  of  the  plebeians  af 
ter  the  banishment  of  the  kings,  or  after  the  seces- 
sion of  the  plebes  to  the  Aventine.  The  first  of 
these  accounts  is  not  borne  out  by  the  history  of  the 
plebeian  order,  and  it  is  more  probable  that  these 
games  were  instituted  in  commemoration  of  the  lec- 
onciliation  between  the  patricians  and  plebeians  af- 
ter the  first  secession  to  the  Mons  Sacer,  or,  accord- 
ing to  others,  to  the  Aventine.  They  were  held  on 
the  16th,  17th,  and  18th  of  November,  and  were 
conducted  by  the  plebeian  aediles.9  It  is  sufficiently 
clear  from  the  ancient  calendaria,  that  the  ludi  ple- 
beii  were  not,  as  some  have  supposed,  the  same 
as,  or  a  part  of,  the  ludi  Romani. 

LUDI  PONTIFICATES  were  probably  nothing 
but  a  particular  kind  of  the  ludi  honorarii  mentioned 
above.  They  were  for  the  first  time  given  by  Au- 
gustus, when,  after  the  death  of  Lepidus,  he  ob- 
tained the  office  of  pontifex  maximus.10 

LUDI  QUiESTO'RII  were  of  the  same  character 
as  the  preceding  games.  They  were  instituted  by 
the  Emperor  Claudius,11  who  decreed  that  all  who 
obtained  the  office  of  quaestor  should,  at  their  own 
expense,  give  gladiatorial  exhibitions.  Nero  did 
away  with  this  obligation  for  newly-appointed  quaes- 
tors,12  but  it  was  revived  by  Domitian.13 

LUDI  S^ECULA'RES.  If  we  were  to  judge 
from  their  name,  these  games  would  have  been  cel- 
ebrated once  in  every  century  or  saeculum  ;  but  we 
do  not  find  that  they  were  celebrated  with  this  reg- 
ularity at  any  period  of  Roman  history,  and  tho 
name  ludi  saeculares  itself  was  never  used  during 
the  time  of  the  Republic.  In  order  to  understand 
their  real  character,  we  must  distinguish  between 
the  time  of  the  Republic  and  of  the  Empire,  since  al 

1.  (Compare  Ernesti  and  F.  A.  Wolf  ad  Sueton.,  1.  c.) — 2. 
(Dion  Cass.,  lx.,  5. — Suet.,  Claud.,  4.)  —  3.  (Capitol.,  Antonin 
Pius,  5. — Spartian,  Hadr.,  7.)  —  4.  (Dion  Cass.,  lvi.,  sub  fin.)— 
5.  (Ant.  Jud.,  xix.,  1.)  —6.  ( Vid.  Suet..  Calig.,  56,  -with  Scali 
ger's  note.) — 7.  (Ovid,  Fast.,  vi.,  235,  &c.  —  Fest.,  s.  v.  Piscal 
ludi.)— 8.  (ad  Verr.,  i.,  p.  143,  ed.  Orelli.)— 9.  (Liv.,  xxviii.,  10 
— M.,  xxxix.,  7.)— 10.  (Suet.,  Octav.,  44.)  —  11.  (Suet.,  Claud. 
24.  —  Tacit.,  Ann.,  ii.,  22.)  —  12.  (Tacit.,  Am  ,  xiii-,  i  )  —  13 
;Suet.,  Domit.,  4.) 

601 


LUDI. 


LUDI. 


mese  t  a'O  periods  these  ludi  were  of  an  entirely  dif- 
ferent character. 

During  the  time  of  the  Republic  they  were  called 
ludi  Tarentini,  Terentini,  or  Taurii,  while  during  the 
Empire  they  bore  the  name  of  ludi  saculares.1  Their 
origin  is  described  by  Valerius  Maximus,  who  at- 
tributes their  institution  to  the  miraculous  recovery 
of  three  children  of  one  Valerius,  who  had  been  at- 
tacked by  a  plague  raging  at  that  time  in  Rome,  and 
were  restored  to  health  by  drinking  some  water 
T/aimed  at  a  place  in  the  Campus  Martius  called 
Tarentum.  Valerius  afterward  offered  sacrifices  in 
Tarentum  to  Dis  and  Proserpina,  to  whom  the  re- 
covery of  his  children  was  supposed  to  be  owing, 
spread  lectisternia  for  the  gods,  and  held  festive 
games  for  three  successive  nights,  because  his  three 
children  had  been  saved.  The  account  of  Valerius 
Maximus  agrees  in  the  main  with  those  of  Censori- 
nus2  and  of  Zosimus,3  and  all  appear  to  have  de- 
rived their  information  from  the  ancient  annalist, 
Valerius  Antias.  While,  according  to  this  account, 
trie  Tarentine  games  were  first  celebrated  by  Vale- 
rius, another  legend  seems  to  consider  the  fight  of 
the  Horatians  and  Curiatians  as  connected  with 
their  first  celebration.  A  third  account*  ascribes 
their  first  institution  to  the  reign  of  Tarquinius  Su- 
perbus.  A  fearful  plague  broke  out,  by  which  all 
pregnant  women  were  affected  in  such  a  manner 
that  the  children  died  in  the  womb.  Games  were 
then  instituted  to  propitiate  the  infernal  divinities, 
together  with  sacrifices  of  steril  cows  (taurece), 
whence  the  games  were  called  ludi  Taurii.  These 
games  and  sacrifices  took  place  in  the  Circus  Fla- 
minius,  that  the  infernal  divinities  might  not  enter 
the  city.  Festus5  and  Censorinus  ascribe  the  first 
celebration  to  the  consul  Valerius  Poplicola.  This 
account  admits  that  the  worship  of  Dis  and  Proser- 
pina had  existed  long  before,  but  states  that  the 
games  and  sacrifices  were  now  performed  for  the 
first  time  to  avert  a  plague,  and  in  that  part  of  the 
Campus  Martius  which  had  belonged  to  the  last 
ring  Tarquinius,  from  whom  the  place  derived  its 
name  Tarentum.  Valerius  Maximus  and  Zosimus, 
who  knew  of  the  celebration  of  these  games  by  Va- 
lerius Poplicola,  endeavour  to  reconcile  their  two 
accounts  by  representing  the  celebration  of  Popli- 
cola as  the  second  in  chronological  order.  Other 
less  important  traditions  are  mentioned  by  Servius6 
and  by  Varro.7 

As  regards  the  names  Tarenti  or  Taurii,  they  are 
perhaps  nothing  but  different  forms  of  the  same 
word,  and  of  the  same  root  as  Tarquinius.  All  the 
accounts  mentioned  above,  though  differing  as  to 
the  time  at  which,  and  the  persons  by  whom,  the 
Tarentine  games  were  first  celebrated,  yet  agree  in 
stating  that  they  were  celebrated  for  the  purpose  of 
averting  from  the  state  some  great  calamity  by 
which  it  had  been  afflicted,  and  that  they  were  held 
in  honour  of  Dis  and  Proserpina.  From  the  time 
of  the  consul  Valerius  Poplicola  down  to  that  of 
Augustus,  the  Tarentine  games  were  only  held  three 
times,  and  again  only  on  certain  emergencies,  and 
not  at  any  fixed  time,  so  that  we  must  conclude  that 
their  celebration  was  in  no  way  connected  with 
certain  cycles  of  time  (sacula).  The  deities  in 
whose  honour  they  were  held  during  the  Republic, 
continued,  as  at  first,  to  be  Dis  and  Proserpina.  As 
to  the  times  at  which  these  three  celebrations  took 
place,  the  commentarii  of  the  quindecimviri  and  the 
accounts  of  the  annalists  did  not  agree,8  and  the 
discrepancy  of  the  statements  still  extant  shows 
the  vain  attempts  which  were  made  in  later  times 


1.  (Festus,  s.  v.  Ssnculi  ludi  and  Taurii  ludi. — Val.  Max.,  ii., 
1,  t)  5.) -2.  (De  Die  Nat.,  c.  17.)— 3.  (ii.,  3.)— 4.  (Festus,  s.  v. 
Taurii  ludi.— Sen:  ad  ^n.,  ii.,  140.)— 5.  (s.  v.  Sseculi  ludi.)— 6 
lax?  JEn.,  ii.,  140.  ^—7.  (ap   Censorin.) — 8.  (Censorin.,  1,  c.) 
6112  ' 


to  prove  that,  during  the  Republic,  the  games  had 
been  celebrated  once  in  every  saeculum.  All  thesfl 
misrepresentations  and  distortions  arose  in  the  time 
of  Augustus.  Not  long  after  he  had  assumed  the 
supreme  power  in  the  Republic,  the  quindecimviri 
announced  that,  according  to  their  books,  ludi  saecu- 
lares  ought  to  be  held,  and,  at  the  same  time,  tried 
to  prove  from  history  that  in  former  times  they  had 
not  only  been  celebrated  repeatedly,  but  almost  reg- 
ularly once  in  every  century.  The  games  of  which 
the  quindecimviri  made  this  assertion  were  the  ludi 
Tarentini. 

The  celebrated  jurist  and  antiquary  Ateius  Capi- 
to  received  from  the  emperor  the  command  to  de- 
termine the  ceremonies,  and  Horace  was  requested 
to  compose  the  festive  hymn  for  the  occasion  (car- 
men  saculare),  which  is  still  extant.1  But  the  fes- 
tival which  was  now  held  was  in  reality  very  dif- 
ferent from  the  ancient  Tarentine  games  ;  for  Dis 
and  Proserpina,  to  whom  formerly  the  festival  be- 
longed exclusively,  were  now  the  last  in  the  list  of 
the  divinities  in  honour  of  whom  the  ludi  sa?culares 
were  celebrated.  A  description  of  the  various  so 
lemnities  is  given  by  Zosimus.  Some  days  before 
they  commenced,  heralds  were  sent  about  to  invite 
the  people  to  a  spectacle  which  no  one  had  ever  be- 
held, and  which  no  one  would  ever  behold  again. 
Hereupon  the  quindecimviri  distributed,  upon  the 
Capitol  and  the  Palatine,  among  the  Roman  citi- 
zens, torches,  sulphur,  and  bitumen,  by  which  they 
were  to  purify  themselves.  In  the  same  places,  and 
on  the  Aventine  in  the  Temple  of  Diana,  the  people 
received  wheat,  barley,  and  beans,  which  were  to 
be  offered  at  nighttime  to  the  Parcae,  or,  according 
to  others,  were  given  as  pay  to  the  actors  in  the 
dramatic  representations  which  were  perfoimed  du- 
ring the  festive  days.  The  festival  took  place  io 
summer,  and  lasted  for  three  days  and  three  nights. 
On  the  first  day  the  games  commenced  in  the  Ta- 
rentum, and  sacrifices  were  offered  to  Jupiter,  Juno, 
Neptune,  Minerva,  Venus,  Apollo,  Mercury,  Ceres, 
Vulcan,  Mars,  Diana,  Vesta,  Hercules,  Latona,  the 
Parcae,  and  to  Dis  and  Proserpina.  The  solemni- 
ties began  at  the  second  hour  of  the  night,  and  the 
emperor  opened  them  by  the  river  side  with  the 
sacrifice  of  three  lambs  to  the  Parcae  upon  three  al- 
tars erected  for  the  purpose,  and  which  were  sprin- 
kled with  the  blood  of  the  victims.  The  lambs 
themselves  were  burned.  A  temporary  scene  like 
that  of  a  theatre  was  erected  in  the  Tarentum,  and 
illuminated  with  lights  and  fires. 

In  this  scene  festive  hymns  were  sung  by  a  cho- 
rus, and  various  other  ceremonies,  together  with 
theatrical  performances,  took  place.  During  the 
morning  of  the  first  day,  the  people  went  to  the  Cap- 
itol to  offer  solemn  sacrifices  to  Jupiter;  thence 
they  returned  to  the  Tarentum,  to  sing  choruses  in 
honour  of  Apollo  and  Diana.  On  the  second  day, 
the  noblest  matrons,  at  an  hour  fixed  by  an  oracle, 
assembled  on  the  Capitol,  performed  supplications, 
sang  hymns  to  the  gods,  and  also  visited  the  altar 
of  Juno.  The  emperor  and  the  quindecimviri  offer- 
ed sacrifices,  which  had  been  vowed  before,  to  all 
the  great  divinities.  On  the  third  day,  Greek  and 
Latin  choruses  were  sung  in  the  sanctuary  of  Apol- 
lo by  three  times  nine  boys  and  maidens  of  great 
beauty,  whose  parents  were  still  alive.  The  object 
of  these  hymns  was  to  implore  the  protection  of  the 
gods  for  all  cities,  towns,  and  officers  of  the  Empire. 
One  of  these  hymns  was  the  carmen  sasculare  by 
Horace,  which  was  especially  composed  for  the  oc- 
casion, and  adapted  to  the  circumstances  of  the 
time.  During  the  whole  of  the  three  days  and 
nights,  games  of  every  description  were  carried  on 

1.  (7osim  ,  ii.,  4.J 


LUPERCALIA. 


LUPERCI. 


fn  all  the  circuses  and  theatres,  and  sacrifices  were 
offer*  d  in  all  the  temples. 

The  first  celebration  of  the  ludi  saeculares  in  the 
reign  of  Augustus  took  place  in  the  summer  of  the 
year  17  B.C.1  The  second  took  place  in  the  reign 
of  Claudius,  A.D.  47  ;2  the  third  in  the  reign  of 
Domitian,  A.D.  88  ;3  and  the  last  in  the  reign  of 
Philippus,  A.D.  248,  and,  as  was  generally  believed, 
just  1000  years  after  the  building  of  the  city.* 

LUDI   TARENTI'NI  or  TAURII.     (Vid.  Ludi 

SAECULARES.) 

LUDUS.     (Vid.  Gladiatores,  p.  475.) 
LUDUS   DUO'DECIM   SCRIPTO'RUM.    (Vid. 
Latrunculi.) 

LUDUS  LATRUNCULO'RUM.  (Vid.  Latrun- 
culi.) 

LUDUS  TRChLE.  (Vid.  Circus,  p.  256.) 
LUPATUM.  (Vid.  Frenum,  p.  452.) 
LUPERCA'LIA,  one  of  the  most  ancient  Roman 
festivals,  which  was  celebrated  every  year  in  hon- 
our of  Lupercus,  the  god  of  fertility.  All  the  cere- 
monies with  which  it  was  held,  and  all  we  know  of 
its  history,  show  that  it  was  originally  a  shepherd- 
festival.5  Hence  its  introduction  at  Rome  was  con- 
nected with  the  names  of  Romulus  and  Remus,  the 
kings  of  shepherds.  Greek  writers  and  their  fol- 
lowers among  the  Romans  represent  it  as  a  festival 
of  Pan,  and  ascribe  its  introduction  to  the  Arcadian 
Evander.  This  misrepresentation  arose  partly  from 
the  desire  of  these  writers  to  identify  the  Roman 
divinities  with  those  of  Greece,  and  partly  from  its 
rude  and  almost  savage  ceremonies,  which  certainly 
are  a  proof  that  the  festival  must  have  originated 
in  the  remotest  antiquity.  The  festival  was  held 
every  year  on  the  15th  of  February,  in  the  Luper- 
cal,  where  Romulus  and  Remus  were  said  to  have 
been  nurtured  by  the  she-wolf;  the  place  contained 
an  altar  and  a  grove  sacred  to  the  god  Lupercus.6 
Here  the  Luperci  assembled  on  the  day  of  the  Lu- 
percalia,  and  sacrificed  to  the  gods  goats  and  young 
dogs,  which  animals  are  remarkable  for  their  strong 
sexual  instinct,  and  thus  were  appropriate  sacrifices 
to  the  god  of  fertility.7  Two  youths  of  noble  birth 
were  then  led  to  the  Luperci  (vid.  Luperci),  and  one 
of  the  latter  touched  their  foreheads  with  a  sword 
dipped  in  the  blood  of  the  victims  ;  other  Luperci 
immediately  after  wiped  ofT  the  bloody  spots  with 
wool  dipped  in  milk.  Hereupon  the  two  youths 
were  obliged  to  break  out  into  a  shout  of  laughter. 
This  ceremony  was  probably  a  symbolical  purifica- 
tion of  the  shepherds.  After  the  sacrifice  was  over, 
the  Luperci  partook  of  a  meal,  at  which  they  were 
plentifully  supplied  with  wine.8  They  then  cut  the 
skins  of  the  goats  which  they  had  sacrificed  into 
pieces,  with  some  of  which  they  covered  parts  of 
their  body,  in  imitation  of  the  god  Lupercus,  who 
was  represented  half  naked  and  half  covered  with 
goatskin.  The  other  pieces  of  the  skins  they  cut 
in  the  shape  of  thongs,  and,  holding  them  in  their 
hands,  they  ran  with  them  through  the  streets  of  the 
city,  touching  or  striking  with  them  all  persons 
whom  they  met  in  their  way,  and  especially  women, 
who  even  used  to  come  forward  voluntarily  for  the 
purpose,  since  they  believed  that  the  ceremony  ren- 
dered them  fruitful,  and  procured  them  an  easy  de- 
livery in  child-bearing.  This  act  of  running  about 
with  thongs  of  goatskin  was  a  symbolic  purification 
of  the  land,  and  that  of  touching  persons  a  purifica- 
tion of  men,  for  the  wwds  by  which  this  act  is 


1.  (Tac'.t.,  Ann.,  xi.,  11.)— 2.  (Suet.,  Claud.,  21.)— 3.  (Suet., 
Domit.,  4,  with  Emesti's  note.)— 4.  (Jul.  Capitol.,  Gord.  Tert., 
c.  33.—  Compare  Scaliger,  De  Emend.  Tempor.,  p.  486.—  Har- 
tung,  Die  Religion  der  Romer,  ii.,  p.  92,  &c,  and  the  comment- 
ators ad  Horat.,  Carm.  Saec.) -5.  (Plut.,  Caes.,  61.)— 6.  (Aurel. 
Vict.,  De  Orig.  Gent.  Rom.,  22.  —  Ovid,  Fast.,  ii.,  267.)  — 7. 
(Plut..  Rom,,  21.— Serv.  ad  JZt.  viii..  343.1-8.  (Val.  Max.,  ii., 
2.  9.) 


designated  are  februare  and  lustrare.1  The  goatjkip 
itself  was  called  fcbruum,  the  festive  days  diss  feb- 
ruata,  the  month  in  which  it  occurred  Fcbruarias, 
and  the  god  himself  Februus. 

The  act  of  purifying  and  fertilizing,  which,  as  W6 
have  seen,  was  applied  to  women,  was  without 
doubt  originally  applied  to  the  flocks,  and  to  the 
people  of  the  city  on  the  Palatine.2  Festus3  says 
the  Luperci  were  also  called  crepi  or  crcppi,  from 
their  striking  with  goatskins  (a  crcpitu  pellicularum), 
but  it  is  more  probable  that  the  name  crepi  was  de- 
rived from  crepa,  which  was  the  ancient  name  for 
goat.* 

The  festival  of  the  Lupercalia,  though  it  neces- 
sarily lost  its  original  import  at  the  time  when  the 
Romans  were  no  longer  a  nation  of  shepherds,  was 
yet  always  observed  in  commeoioration  of  the 
founders  of  the  city.  Antonius,  in  his  consulship, 
was  one  of  the  Luperci,  and  not  only  ran  with  them, 
half  naked,  and  covered  with  pieces  of  goatskin, 
through  the  city,  but  even  addressed  the  people  in 
the  Forum  in  this  rude  attire.5  After  the  time  ot 
Caesar,  however,  the  Lupercalia  seem  to  have  been 
neglected,  for  Augustus  is  said  to  have  restored  it,6 
but  he  forbade  youths  (imberbes)  to  take  part  in  the 
running.  The  festival  was  henceforth  celebrated 
regularly  down  to  the  time  of  the  Emperor  Anasta- 
sius.  Lupercalia  were  also  celebrated  in  other 
towns  of  Italy  and  Gaul,  for  Luperci  are  mentioned 
in  inscriptions  of  Velitrae,  Prasneste,  Nemausus,  and 
other  places.7 

LUPERCI  were  the  priests  of  the  god  Lupercus 
They  formed  a  college  (sodalitas,  iratpia),  the  mem- 
bers of  which  were  originally  youths  of  patrician 
families,  and  which  was  said  to  have  been  institu- 
ted by  Romulus  and  Remus.8  The  college  was  di- 
vided into  two  classes,  the  one  called  Fabii  or  Fa- 
biani,  and  the  other  Quinctilii  or  Quinctiliani.' 
These  names,  which  are  the  same  as  those  with 
which  the  followers  of  Romulus  and  Remus  were 
designated  in  the  early  Roman  legends,  seem  to 
show  that  the  priesthood  was  originally  confined  to 
certain  gentes.10  But  if  such  were  the  case,  this 
limitation  does  not  seem  to  have  existed  for  a  very 
long  time,  though  the  two  classes  retained  their  ori- 
ginal names,  for  Festus  says  that  in  course  of  time 
the  number  of  Luperci  increased,  "  Quia  honoris 
gratia  multi  in  Lupercis  adscribcbantur."  What  was 
the  original  number  of  Luperci,  and  how  long  their 
office  lasted,  is  unknown  ;  but  it  is  stated  in  in- 
scriptions11 that  a  person  held  the  office  of  Lupercus 
twice,  and  another  three  times,  and  this  fact  shows, 
at  least,  that  the  priests  were  not  appointed  for  life. 
Julius  Caesar  added  to  the  Uvo  classes  of  the  col- 
lege a  third,  with  the  name  of  Julii  or  Juliani,13  and 
made  Antonius  their  high-priest.  He  also  assigned 
to  them  certain  revenues  (vectigalia),  which  were 
afterward  withdrawn  from  them"13  But  it  is  uncer- 
tain whether  Caesar  assigned  these  revenues  to  the 
whole  college,  or  merely  to  the  Julii.  From  this 
time  the  two  ancient  classes  of  the  Luperci  are 
sometimes  distinguished  from  the  new  one  by  the 
name  Luperci  veteres.1*  Although  in  early  times 
the  Luperci  were  taken  only  from  noble  families, 
their  strange  and  indecent  conduct  at  the  Luperca- 
lia was  offensive  to  the  more  refined  Romans  of  a 
later  age,15  and  Cicero16  characterizes  the  college  as 

1.  (Ovid,  Fas',.,  ii.,  31. — Fest.,  s.  v.  rebruarius.) —  2.  (Varro, 
De  Ling.  Lat.,  v.,  p.  60,  ed.  Bip.) — 3.  (s.  v.  Crepos.) — 4.  (Festus, 
s.  v.  Caprse.)— 5.  (Pint.,  Cses.,  61.)— 6.  (Suet.,  Octav.,  31.)— 7. 
(Orelli,  Insrr.,  n.  2251,  &c. — Compare  Lupekci,  and  Hartung, 
Die  Religion  der  Romer,  ii.,  p.  176,  &c.)— 8.  (Plut.,  Rom.,  21  ) 
— 9.  (Festus,  s.  v.  Quinctiliani,  Luperci,  and  Fabiani.)  — 10. 
(Ovid,  Fast.,  ii.,  378,  who,  however,  confounds  the  Potitii  and 
Pinarii  with  the  Quinctilii  and  Fabii.) — 11.  (Orelli,  n.  2256  and 
n.  4920.)— 12.  (Dion  Cass.,  xliv.,  6— Suet.,  Jul.,  73.)— 13.  (Cic, 
Philip.,  iii.,  15,  with  the  note  of  P.  Manutius.) — 14.  (Orelli  n 
2253.)— 15.  (Cic,  Philip.,  ii  ,  24.)— 16.    'Pro  Cud..  11.) 

603 


LUSTRATIO. 


LUSTRUM. 


l  •*  Fera  qucedam  sodalitas  et  plane  pasloncia  atque 
agrestis,  quorum  coitio  ilia  silvestris  ante  est  instituta 
\[uam  humanitas  atque  leges."  Respecting  the  rites 
with  which  they  solemnized  the  Lupercalia,  vid.  Lu- 

PERCALIA. 

♦LUPUS  (kvnoc),  the  Wolf,  or  Canis  lupus.  (Vid. 
Canis.) 

LUPUS  FE'RREUS,  the  Iron  Wolf  used  by  the 
besieged  in  repelling  the  attacks  of  the  besiegers, 
and  especially  in  seizing  the  battering-ram  and  di- 
verting its  blows.     (Vid.  Aries,  p.  93.)1 

LUSTRA 'TIO  (nadapcie)  was  originally  a  purifi- 
cation by  ablution  in  water.  But  the  lustrations, 
of  which  we  possess  direct  knowledge,  are  always 
connected  with  sacrifices  and  other  religious  rites, 
and  consisted  in  the  sprinkling  of  water  by  means 
of  a  branch  of  laurel  or  olive,  and  at  Rome  some- 
times by  means  of  the  aspergillum  (vid.  Chernips), 
and  in  the  burning  of  certain  materials,  the  smoke 
of  which  was  thought  to  have  a  purifying  effect. 
Whenever  sacrifices  were  offered,  it  seems  to  have 
been  customary  to  carry  them  around  the  person 
or  thing  to  be  purified.  Lustrations  were  made  in 
ancient  Greece,  and  probably  at  Rome  also,  by  pri- 
vate individuals  when  they  had  polluted  themselves 
with  any  criminal  action.  Whole  cities  and  states, 
also,  sometimes  underwent  purifications,  to  expiate 
the  crime  or  crimes  committed  by  a  member  of  the 
community.  The  most  celebrated  purification  of 
this  kind  was  that  of  Athens,  performed  by  Epimen- 
*des  of  Crete,  after  the  Cylonian  massacre.3  Pu- 
rification also  took  place  when  a  sacred  spot  had 
been  unhallowed  by  profane  use,  as  by  burying  dead 
bodies  in  it,  such  as  was  the  case  with  the  island 
of  Delos.8 

The  Romans  performed  lustrations  on  many  oc- 
casions on  which  the  Greeks  did  not  think  of  them ; 
and  the  object  of  most  Roman  lustrations  was  not 
to  atone  for  the  commission  of  crime,  but  to  obtain 
the  blessing  of  the  gods  upon  the  persons  or  things 
which  were  lustrated.  Thus  fields  were  purified 
after  the  business  of  sowing  was  over,*  and  before 
the  sickle  was  put  to  the  corn.  (Vid.  Arvales 
Fratres,  p.  109.)  The  manner  in  wThich  sheep 
were  lustrated  every  year  at  the  festival  of  the  Pa- 
lilia  is  described  by  Ovid.5  The  shepherd  towards 
evening  sprinkled  his  flock  with  water,  adorned  the 
fold  with  branches  and  foliage,  burned  pure  sulphur 
and  various  herbs,  and  offered  sacrifices  to  Pales. 
The  object  of  this  lustration  was  to  preserve  the 
flock  from  disease,  contagion,  and  other  evils.6  All 
Roman  armies,  before  they  took  the  field,  were  lus- 
trated ;7  and,  as  this  solemnity  was  probably  always 
connected  with  a  review  of  the  troops,  the  word 
lustratio  is  also  used  in  the  sense  of  the  modern  re- 
view.8 The  rites  customary  on  such  occasions  are 
not  mentioned,  but  they  probably  resembled  those 
with  which  a  fleet  was  lustrated  before  it  set  sail, 
and  which  are  described  by  Appian.9  Altars  were 
erected  on  the  shore,  and  the  vessels  manned  with 
their  troops  assembled  in  order  close  to  the  coast. 
Everybody  kept  profound  silence,  and  priests  stand- 
ing close  by  the  w^ater  killed  the  victims,  and  car- 
ried the  purifying  sacrifices  (KaOdpeia)  in  small  boats 
three  times  around  the  fleet.  On  these  rounds  they 
were  accompanied  by  the  generals,  who  prayed  to 
the  gods  to  preserve  the  armament  from  all  dangers. 
Hereupon  the  priests  divided  the  sacrifices  into  two 
parts,  one  of  which  was  thrown  into  the  sea,  and 
the  other  burned  upon  the  altars,  while  the  multi- 
tude around  prayed  to  the  gods.    (In  Livy10  a  prayer 

I.  <Liv.,  xxxviii.,  3.— Veget.,  De  Re  Mil.,  ii.,  25  ;  iv.,  23.)— 2. 
(Diog.  Laert.,  i.,  10,  $  3.)— 3.  (Thucyd.,  i.,  8— Id.,  iii.,  104.)— 
4.  (Ovid,  Fast.,  i.,  669.)— 5.  (Fast.,  iv.,  735,  &c.)— 6.  (Cato,  De 
Re  Rust.,  c.  141.)— 7.  (Dion  Cass.,  xlvii.,  38. — Appian,  Hisp.,c. 
]».— Id..  Civ.,  iv.,  89,  et  passim.)— 8.  (Cic.  ad  Att.,  v.,  20,  §  2.) 
-».  (Civ  ,  v.,  96/  -10.  (xxxvi  ,  42— Id.,  xxix.,  27.) 
664 


is  recorded,  such  as  generals  used  to  perform  on 
these  occasions.)  When  a  Macedonian  army  was 
lustrated,  a  dog  was  cut  in  two  pieces  in  the  place 
where  the  army  was  to  assemble,  and  one  half  of 
the  dog  was  thrown  at  a  distance  on  the  right  and 
the  other  to  the  left.  The  army  then  assembled  in 
the  place  between  the  spots  where  the  pieces  had 
fallen.1  But  to  return  to  the  Romans.  The  estab- 
lishment of  a  new  colony  was  always  preceded  by 
a  lustratio  with  solemn  sacrifices.2  The  city  of 
Rome  itself,  as  well  as  other  towns  within  its  do- 
minion, always  underwent  a  lustratio  after  they 
had  been  visited  by  some  great  calamity,  such  ao 
civil  bloodshed,  awful  prodigies,  and  the  like.3  A 
regular  and  general  lustratio  of  the  whole  Roman 
people  took  place  after  the  completion  of  every  lus- 
trum, when  the  censor  had  finished  his  census  and 
before  he  laid  down  his  office.  This  lustratio  (also 
called  lustrum*)  was  conducted  by  one  of  the  cen- 
sors,6 and  held  with  sacrifices  called  Suovetaurilia,* 
because  the  sacrifices  consisted  of  a  pig  (or  ram),  a 
sheep,  and  an  ox.  This  lustratio,  which  continued 
to  be  observed  in  the  days  of  Dionysius,  took  place 
in  the  Campus  Martius,  where  the  people  assembled 
for  the  purpose.  The  sacrifices  were  carried  three 
times  around  the  assembled  multitude.7  Another 
regular  lustration,  which  was  observed  every  yeai 
in  the  month  of  February,  was  said  to  have  been 
instituted  because  the  god  Februus  was  believed  to 
be  potens  lustrationum,  and  because  in  this  month 
the  solemnities  in  honour  of  the  dii  manes  took 
place.8 

LUSTRUM  (from  luo,  Gr.  lovu)  is,  property 
speaking,  a  lustration  or  purification,  and  in  partic 
ular,  the  purification  of  the  whole  Roman  people 
performed  by  one  of  the  censors  in  the  Campus 
Martius  after  the  business  of  the  census  was  over 
(Vid.  Census,  Lustratio.)  As  this  purification 
took  place  only  once  in  five  years,  the  word  lustrum 
was  also  used  to  designate  the  time  between  two 
lustra.  Varro9  erroneously  derives  the  word  lus- 
trum from  luo  (I  pay),  because  the  vectigalia  and 
tributa  were  paid  every  five  years  to  the  censors. 
The  first  lustrum  was  performed  in  B.C.  566,  by 
King  Servius,  after  he  had  completed  his  census,1* 
and  afterward  it  is  said  to  have  taken  place  regu- 
larly every  five  years  after  the  census  was  over. 
The  first  censors  were  appointed  in  443  B.C.,  and 
from  this  year  down  to  294  B.C.,  there  had,  accord- 
ing to  Livy,11  only  been  26  pairs  of  censors,  and  only 
21  lustra  or  general  purifications,  although,  if  all 
had  been  regular,  there  would  have  been  30  pairs  of 
censors  and  30  lustra.  We  must  therefore  con- 
clude that  sometimes  the  census  was  not  held  at 
all,  or,  at  least,  not  by  the  censors.  We  also  learn 
from  this  statement  that  the  census  might  take 
place  without  the  lustrum,  and,  indeed,  two  cases 
of  this  kind  are  recorded,18  which  happened  in  459 
and  214  B.C.  In  these  cases  the  lustrum  was  not 
performed  on  account  of  some  great  calamities 
which  had  befallen  the  Republic. 

The  time  when  the  lustrum  took  place  has  been 
very  ingeniously  defined  by  Niebuhr.13  Six  ancient 
Romulian  years  of  304  days  each  were,  with  the 
difference  of  one  day,  equal  to  five  solar  years  of 
365  days  each,  or  the  six  ancient  years  made  1824 
days,  while  the  five  solar  years  contained  1825  days. 
The  lustrum,  or  the  great  year  of  the  ancient  Ro- 
mans,1* was  thus  a  cycle,  at  the  end  of  which  the 

1.  (Liv.,  xl.,  6.— Curt.,  x.,  9,  t>  12.)— 2.  (Cic,  De  Div.,  i.,  45.— 
Barth.  ad  Stat.,  Theb.,  iv.,  p.  1073.)— 3.  (Appian,  Bell.  Civ.,  i., 
26.— Liv.,  xxxv.,  9.— Id.,  xlii.,  20.)— 4.  (Fest.,  s.  v.)— 5.  (Cic, 
De  Div.,  i..  45.)— 6.  (Liv.,  i.,  44.— Varro,  De  Re  Rust.,  ii.,  1.)— 
7.  (Dionys.,  Ant.  Rom.,  iv.,  p.  225.)— 8.  (MacroK,  Sat.,  i.,  13.— 
Compare  Hartung,  Die  Relig.  der  Rom.,  i.,  p.  198,  &c.)— 9.  (De 
Ling.  Lat.,  v.,  54,  ed.  Bip.)— 10.  (Liv.,  i.,  44.— Dionys.,  iv.,22.) 
—11.  (x.,  47.)— 12.  (Liv.,  iii..  22.— Id.,  xxiv.,  43.)— 13.  (Hist,  at 
Rome,  i.,  p.  277.)— 14-  (Censorin.,  De  Die  Nat.,  18.) 


LYCIUM 


LYRA 


beginning  of  the  ancient  year  nearly  coincided  with 
that  of  the  solar  year.  As  the  coincidence,  howev- 
er, was  not  perfect,  a  month  of  24  days  was  inter- 
calated in  every  eleventh  lustrum.  Now  it  is  highly 
probable  that  the  recurrence  of  such  a  cycle  or  great 
year  was,  from  the  earliest  times,  solemnized  with 
sacrifices  and  purifications,  and  that  Servius  Tullius 
did  not  introduce  them,  but  merely  connected  them 
with  his  census,  and  thus  set  the  example  for  sub- 
sequent ages,  which,  however,  as  we  have  seen, 
was  not  observed  with  regularity.  At  first  the  ir- 
regularity may  have  been  caused  by  the  struggles 
between  the  patricians  and  plebeians,  when  the  ap- 
pointment of  censors  was  purposely  neglected  to 
increase  the  disorders  ;  but  we  also  find  that  simi- 
lar neglects  took  place  at  a  later  period,  when  no 
such  causes  existed.1  The  last  lustrum  was  sol- 
emnized at  Rome  in  A.D.  74,  in  the  reign  of  Ves- 
pasian.' 

Many  writers  of  the  latter  period  of  the  Republic 
and  during  the  Empire  use  the  word  lustrum  for 
any  space  of  five  years,  and  without  any  regard  to 
the  census,3  while  others  even  apply  it  in  the  sense 
of  the  Greek  pentaeteris  or  an  Olympiad,  which  only 
jontained  four  years.*  Martial  also  uses  the  ex- 
pression lustrum  ingens  for  sasculum.5 

LY'CAIA  (AvKcua),  a  festival  with  contests,  cele- 
orated  by  the  Arcadians  in  honour  of  Zeus,  sur- 
named  Avnaloc.  It  was  said  to  have  been  instituted 
by  the  ancient  hero  Lycaon,  the  son  of  Pelasgus.6 
He  is  also  said,  instead  of  the  cakes  which  had  for- 
merly been  offered  to  the  god,  to  have  sacrificed  a 
child  to  Zeus,  and  to  have  sprinkled  the  altar  with 
its  blood.  It  is  not  improbable  that  human  sacri- 
fices were  offered  in  Arcadia  to  Zeus  Lycaeus  down 
to  a  very  late  period  in  Grecian  history.7  No  farther 
particulars  respecting  the  celebration  of  the  Lycaea 
are  known,  with  the  exception  of  the  statement  of 
Plutarch,8  that  the  celebration  of  the  Lycaea  in 
some  degree  resembled  that  of  the  Roman  Luper- 
calia.  t 

*LYCAPSUS  (Ivnafoc),  a  plant,  which  Sprengel 
makes  to  be  the  Onosma  Orientalis.  The  Greek 
name  is  derived  from  Xvkoc  ("  a  wolf")  and  o^ig 
("  appearance"),  because  its  flowers  resembled  the 
distended  jaws  of  a  wolf. 

*LYCHNIS  (Ivxvic),  a  plant.  "  The  lvXvlc  <xre- 
pavo/j.a.TiK.7}  of  Dioscorides  is  the  Agrostemma  coro- 
narium,  L.,  or  Rose  Campion.  The  Xvxvlc  aypia  is 
referred  by  Sprengel  and  others  to  the  Agrostemma 
githago,  or  Corn  Cockle.  But  perhaps  the  opinion 
of  Dodonaeus,  who  suggested  the  Lychnis  dioica,  is 
entitled  to  as  much  or  greater  authority."9 

*LYCHNITES  (Ivxvltt]c ),  a  term  applied  to  both 
a  gem  and  a  stone.  The  gem,  according  to  De  Laet, 
was  a  variety  of  our  garnet.  The  stone  would  ap- 
pear to  have  been  a  variety  of  marble.  The  Ivxvie 
of  Orpheus  was  most  probably  the  gem. — The  mar- 
ble termed  lychnites  was  so  called  because  quarried 
by  the  light  of  lamps  {Ivxvoc,  "  a  lamp"),  and  as 
Pliny,  on  the  authority  of  Varro,  informs  us,  was 
the  same  as  the  Parian.10 

LYCHNU'CHUS.     (Vid.  Candelabrum.) 

♦LYCIUM  (avkiov),  a  medicinal  substance  ob- 
tained from  the  roots  and  branches  of  a  thorny  shrub 
growing  in  Lycia.  "  It  is  almost  certain,"  observes 
Adams,  "  that  the  plant  from  which  it  was  procured 
is  t.ie  Rkamnus  infectorius.    This  appears  clear  from 

1.  (Sueton.,  Octav.,  37.— Claud.,  16.)— 2.  (Censorin.,  1.  c.)— 
3.  (Ovid,  Fast.,  ii.,  183;  iv.,  701.— Id.,  Amor.,iii.,  6,  27.— Ho- 
rat.,  Carm.,  ii.,  4,  24  ;  iv.,  1,  6.) — 4.  (Ovid,  Pont.,  iv.,  6,  5,  <fcc 
— Mart.,  iv.,  45.) — 5.  (Compare  Scaliger,  De  Emend.  Tempor., 
p.  183.— Ideler,  Handb.  der  Chronol.,  ii.,  p.  77,  &c.)—  G.  (Paus., 
viii.,  2,  i>  1.)— 7.  (Porphyr.,  Dc  Abstin.,  ii.,  27.)— 8.  (Caea.,  61.)— 
9.  (Theopbrast.,  H.  P.,  vi.,  8.— Dioscor.,  Hi.,  104, 105.— Adams, 
Append.,  s.  v.)— 10.  (Orpheus,  De  Lapid.,  268.— Ac.ims,  Ap- 
i>end.,  s.  v. — Moore's  Anc  Mineralogy,  p.  77.) 


Pliny's  account  of  it.  Sprengel  and  Milligan  hoi* 
the  Lycium  Indicum  to  have  been  the  Acacia  cate- 
chu, Willd.,  and  yet,  as  Dr.  Hill  remarks,  the  de- 
scription given  by  Dioscorides  of  the  trees  by  no 
means  agrees  with  any  of  those  of  which  our  cate 
chu,  or  Terra  Japonica,  is  made."1 

♦LYCOPSIS  (kvnoip ■[),  a  plant,  which  Sibthorp 
has  proved  to  be  the  Ethium  Italicum,  or  Italian  Vi- 
per's-bugloss. 

*LYDIUS  LAPIS,  the  Touchstone.      (Vid.  h\- 

SANOS.) 

♦LYRA  (kvpa),  a  species  of  Fish,  the  Trigla  Lyra, 
L.  It  is  called  in  French,  Gronau;  in  English,  the 
|  Piper,  from  a  sort  of  hissing  which  it  makes  by  the 
expulsion  of  the  air  through  the  gills  when  taken. 
Pennant  says  it  is  often  caught  on  the  western 
coasts  of  great  Britain.3 

LYRA  (kvpa,  Lat.  fides),  a  Lyre,  one  of  the  most 
ancient  musical  instruments  of  the  stringed  kind. 
There  can  be  scarcely  any  doubt  that  this  and  simi- 
lar instruments  were  used  by  the  Eastern  nations 
and  by  the  Egyptians  long  before  the  Greeks  be- 
came acquainted  with  them,  and  that  they  were  in- 
troduced among  the  Greeks  from  Asia  Minor.' 
The  Greeks  themselves,  however,  attributed  the  in- 
vention of  the  lyre  to  Hermes,  who  is  said  to  have 
formed  the  instrument  of  a  tortoise-shell,  over  which 
he  placed  gut-strings.*  As  regards  the  original  num- 
ber of  the  strings  of  a  lyre,  the  accounts  of  the  an- 
cients differ  so  widely  that  it  is  almost  impossible 
to  arrive  at  any  definite  conclusion.  Diodorus5 
states  that  Hermes  gave  his  lyre  three  strings,  one 
with  an  acute,  the  other  with  a  grave,  and  the 
third  with  a  middle  sound.  Macrobius6  says  thai 
the  lyre  of  Mercury  had  four  strings,  which  symbol- 
ically represented  the  four  seasons  of  the  year ; 
while  Lucian,7  Ovid,8  and  others,  assume  that  the 
lyre  from  the  first  had  seven  strings.  All  ancient 
writers  who  mention  this  invention  of  Hermes  ap- 
ply to  it  the  name  lyra,  though  its  shape,  in  the  de- 
scription of  Apollodorus  and  Servius,  rather  resem 
bles  that  of  the  instrument  which  in  subsequent 
times  was  designated  by  the  name  cithara  (nidapa 
or  nidapic),  and  in  some  degree  resembled  a  modern 
guitar,  in  as  far  as  in  the  latter  the  strings  were 
drawn  across  the  sounding  bottom,  whereas  in  the 
lyra  of  later  times  they  were  free  on  both  sides. 
In  the  Homeric  poems  the  name  2vpa  does  not  oc 
cur,  with  the  exception  of  the  Homeric  hymn  to 
Hermes  ;  and  from  the  expression  which  occurs 
in  this  hymn9  (Xvpn  nidapifriv),  it  appears  that  ori- 
ginally there  was  very  little  or  no  difference  be- 
tween the  two  instruments  ;  that  is  to  say,  the  in 
strument  formerly  used  was  a  cithara  in  the  latei 
sense  of- the  word. 

The  instruments  which  Homer  mentions  as  used 
to  accompany  songs  are  the  fybpniyt-  and  nWapic.1" 
Now  that  the  fyopfiiyi;  and  the  nidapic  were  the  same 
instrument,  appears  to  be  clear  from  the  expression 
(f>6pfiLyyi  nidapi&iv,  and  KiBapi  (popfii&iv.11  The  lyra 
is  also  called  x^vC  or  x&vvtj,  and  in  Latin  testudo, 
because  it  was  made  of  a  tortoise-shell. 

The  obscurity  which  hangs  over  the  original 
number  of  strings  of  the  lyre  is  somewhat  removed 
by  the  statement  made  by  several  ancient  writers, 
that  Terpander  of  Antissa  (about  650  BC.)  added  to 
the  original  number  of  four  strings  three  new  ones, 
and  thus  changed  the  tetrachord  into  a  heptachord; M 

1.  (Dioscor.,  iv.,  132. — Plin.,  H.  N.,  xxiv.,  76. — Adams,  Ap- 
pend., s.  v.)— 2.  (Aristot.,  H.  A.,  iv.,  9.— jElian,  N.  A.,  x.,  11.) 
3.  (Wilkinson,  Manners  and  Customs  of  the  Anc.  Egypt.,  ii.,  p. 
272,  288,  &c.)— 4.  (Horn.,  Hymn,  in  Merc—  Apollod.,  ni.,  10,  2. 
— Diod.  Sic,  v.  75.— Serv.  ad  Virg.,  Georg.,  iv.,  464.)— 5.  (i., 
16.)— 6.  (Sat.,  i.,  19.)— 7.  (Deor.  Dial.,  7.)— 8.  (Fast.,  v.,  106.) 
—  9.  (423.)— 10.  (11.,  i.,  603.  — Od.,  viii.,  248  and  261.)— 11. 
(Od.,  i.,  153,  &c.)— 12.  (Euclid,  Introd.  Harm.,  p.  19.— Stral, 
xiii.,  p.  618.— Clem.  Alex..  Strom.,  vi.,  p.  814,  ed.  Potter  I 

605 


LYRA. 


LYSIMaCHIUM. 


muugh  it  cannot  be  denied  that  there  existed  lyres 
with  only  three  strings.1  The  following  are  repre- 
sentations of  a  tetrachord  and  a  heptachord,  and 
are  both  taken  from  the  work  of  Blanchini. 


The  heptachord  introduced  by  Terpander  hence- 
forth continued  to  be  most  commonly  used  by  the 
Greeks,  as  well  as  subsequently  by  the  Romans, 
though  in  the  course  of  time  many  additions  and  im- 
provements were  made 
which  are  described  be- 
low. In  the  ancient  te- 
trachord, the  two  ex- 
treme strings  stood  to 
each  other  in  the  rela- 
tion of  a  fourth  (&a  teo- 
cupuv),  i.  e.,  the  lower 
string  made  three  vi- 
brations in  the  time 
that  the  upper  one  made 
fuur.  In  the  most  an- 
cient arrangement  of 
the  scale,  which  was 
called  the  diatonic,  the 
two  middle  strings 
were  strung  in  such  a 
manner,  that  the  three 
intervals  between  the 
four  strings  produced 
twice  a  whole  tone  and 
one  semitone.  Ter- 
pander, in  forming  his 
heptachord,  in  reality 
addict  a  new  tetrachord  to  the  ancient  one,  but  left 
out  the  third  string  of  the  latter,  as  there  was  be- 
tween it  and  the  fourth  only  an  interval  of  a  semitone. 
The  heptachord  thus  had  the  compass  of  an  octave, 
or,  as  the  ancie-nts  called  it,  a  diapason  {8m  Trac&v). 
The  intervals  between  the  seven  strings  in  the  dia- 
tonic scale  were  as  follow  :  between  one  and  twro,  a 
whole  tone  ;  between  two  and  three,  a  whole  tone  ; 
between  three  and  four,  a  whole  tone  and  a  semi- 
tone ;  between  four  and  five  and  five  and  six,  a 
whole  tone  each ;  between  six  and  seven,  a  semi- 
tone. The  seven  strings  themselves  were  called, 
beginning  from  the  highest,  vtjttj,  napavriTr),  irapa- 
*£(T7],  [j.£ot],  "kixavoc,  napv-iraTTi,  vndrr}.2  Pindar  him- 
r>elf  made  use  of  the  heptachord,  though  in  his  time 
An  eighth  string  had  been  added.  In  the  time  of 
Philip  and  Alexander,  the  number  of  strings  was  in- 
creased to  eleven  by  Timotheus  of  Miletus,3  an  in- 
novation which  was  severely  censured  by  the  Spar- 
tans, who  refused  to  go  beyond  the  number  of  seven 
etrings.*    It  is,  however,  clear  that  the  ancients 

1.  (Blanchini,  "De  Tribus  Generibus  Instrumentorum  Mu- 
sics Veterum  Organicae  Dissertatio,"  tab.  iv.) — 2.  (Bcickh,  De 
Metr.  Pind.,  p.  205,  &c.)— 3.  (Suidas,  s.  v.  TiiidOeog.— Miiller, 
Dor.,  iv.,  6,  y  3.)— 4.  (Cic,  De  Leg.,  ii.,  15. — Athen.,  ziv.,  p. 
636.) 

60G 


made  use  of  a  variety  of  lyres,  and  m  the  represent, 
ations  which  we  still  possess,  the  number  of  stringy 
varies  from  three  to  eleven.  About  the  time  of 
Sappho  and  Anacreon,  several  stringed  instruments^ 
such  as  magadis,  barbiton,  and  others,  were  used  in 
Greece,  and  especially  in  Lesbos.  They  had  been 
introduced  from  Asia  Minor,  and  their  number  of 
strings  far  exceeded  that  of  the  lyre,  for  we  know 
that  some  had  a  compass  of  two  octaves,  and  oth- 
ers had  even  twenty  strings,  so  that  they  must  have 
more  resembled  a  modern  harp  than  a  lyre.1 

It  has  been  remarked  above  that  the  name  lvra 
occurs  very  seldom  in  the  earliest  Greek  writers, 
and  that  originally  this  instrument  and  the  cithara 
were  the  same.  But  about  the  time  of  Pindar  in- 
novations seem  to  have  been  introduced,  by  which 
the  lyra  became  distinct  from  the  cithara,  the  in- 
vention of  which  was  ascribed  to  Apollo,  and  hence 
the  name  of  the  former  now  occurs  more  frequent- 
ly.3 Both,  however,  had  in  most  cases  no  more 
than  seven  strings.  The  difference  between  the 
two  instruments  is  described  above ;  the  lyre  had 
a  great  and  full-sounding  bottom,  which  continued, 
as  before,  to  be  made  generally  of  a  tortoise-shell, 
from  which,  as  Lucian3  expresses  it,  the  horns  rose 
as  from  the  head  of  a  stag.  A  transverse  piece  of 
wood,  connecting  the  two  horns  at  or  near  their  top 
ends,  served  to  fasten  the  strings,  and  was  called 
Cfiyov,  and  in  Latin  transtillum.  The  horns  were 
called  irrjxEiC  or  cornua*  These  instruments  were 
often  adorned  in  the  most  costly  manner  with  gold 
and  ivory.5  The  lyre  was  considered  as  a  more 
manly  instrument  than  the  cithara,  which,  on  ac- 
count of  its  smaller-sounding  bottom,  excluded  full 
sounding  and  deep  tones,  and  was  more  calculated 
for  the  middle  tones.  The  lyre,  when  played,  stood 
in  an  upright  position  between  the  knees,  while  the 
cithara  stood  upon  the  knees  of  the  player.  Both 
instruments  were  held  with  the  left  hand,  and 
played  with  the  right.6  It  has  generally  been  sup- 
posed that  the  strings  of  these  instruments  were 
always  touched  with  a  little  staff  called  plectrum 
(Tr?L7jKTpov)  (see  woodcut,  p.  188),  but  among  the 
paintings  discovered  at  Herculaneum,  we  find  sev- 
eral instances  where  the  persons  play  the  lyre  with 
their  fingers.7  The  lyre  was  at  all  times  only 
played  as  an  accompaniment  to  songs. 

The  Latin  name  fides,  which  was  used  for  a  lyre 
as  well  as  a  cithara,  is  probably  the  same  as  the 
Greek  acjtdec,  which,  according  to  Hesychius,8  sig- 
nifies gut- string :  but  Festus9  takes  it  to  be  the 
same  as  fides  (faith),  because  the  lyre  was  the  sym- 
bol of  harmony  and  unity  among  men. 

The  lyre  (cithara  or  phorminx)  was  at  first  used 
in  the  recitations  of  epic  poetry,  though  it  was 
probably  not  played  during  the  recitation  itself,  but 
only  as  a  prelude  before  the  minstrel  commenced 
his  story,. and  in  the  intervals  or  pauses  between 
the  several  parts.  The  lyre  has  given  its  name  to 
a  species  of  poetry  called  lyric ;  this  kind  of  poetry 
was  originally  never  recited  or  sung  without  the  ac- 
companiment of  the  lyre,  and  sometimes,  also,  of  an 
appropriate  dance.  (Compare  the  article  Musica. — 
Plutarch,  De  Musica. — Bockh,  De  Metris  Pindari. — 
Drieberg,  Musikalische  Wissenschaften  der  Griechen  ; 
and  by  the  same  author,  Aufschlusse  iiber  die  Musik 
der  Griechen. — Miiller,  Hist,  of  Gr.  Lit.,  i.,  p.  148,  &c. 

*LYSIMACH1UM  (Xvatfidxiov)  or  LYSIMA- 
CHIA  (kvoifiaxiri),  a  plant,  which  Woodville  holds 
to  be  the  Lysimachia  nummularia,  or  Money-wort. 


1.  (Bode,  Gesch.  der  Lyrisch.  Dichtkunst  der  Hellenen,  i.,  p. 
382,  &c— Compare  Quintil.,  xii.,  10.)— 2.  (Pind.,  01.,  x.,  113. 
— Nem.,  iii.,  19  ;  xi.,  8. — Pyth.,  viii.,  42,  et  passim.) — 3.  (DiaL 
Mor.,  1.) — 4.  (Schol.  Venet.  ad  II.,  ii.,  293. — Hesych.,  s.  v.  Zvya. 
— Cic,  De  Nat.  Deor.,  ii.,  59.) — 5.  (Auct.  ad  Heren.,  iv..  47. — 
Ovid,  Met.,  xi.,  167.)— 6.  (Ovid,  Met.,  xi.  168.)— 7.  {Yid.  alac 
Ovid,  Heroid.,  iii.,  118.)— 8.  (s.  v.)— 9.  (s.  v.) 


MAGISTER. 


MAGISTRATUS. 


"  Sprengel  confidently  determines  the  A.  ot  Dioscor 
ides  to  be  the  Lysimachia  vulgaris,  or  yellow  Loose- 
strive  ;  but  the  Lysimachium  of  Pliny  he  holds  to  be 
the  uythrum  salicaria."1 

M. 

MACEDONIA'NUM  SENATUS  CONSULTUM. 

(Vid.  Senatus  Consultum.) 

MACCHUS.  (Vid.  Atellan^e  Fabul;e,  p.  119.) 
MACELLUM  (btjjOTruXla  ;a  brpOTruXelov,  Kpeoiro)- 
\elov),  a  provision-market,  frequented  by  cooks, 
fishermen,  poulterers,  confectioners,  butchers,  and 
men  of  similar  occupations.3  (Vid.  Forum,  p.  451 ) 
From  macellum,  a  provision-merchant  was  called 
macellarius  (btponioXric,  Kpeoir6?u]c*).  The  Athe- 
nians called  their  macellum  etc  rov\pov,  just  as  they 
called  their  slave-market  elg  rd  dv6pdno6a,  their 
wine-market  elg  tov  olvov,  and  other  markets  by  the 
names  of  the  commodities  suld  in  them.5 

*MACER  (fiaicep),  according  to  Moses  Charras, 
the  same  as  Mace.  "  This,  however,  is  denied  by 
Matthiolus,"  observes  Adams,  "  with  whom  Spren- 
gel agrees,  although  he  admits  that  the  Arabians 
confounded  them  together.  He  is  disposed  to  be- 
lieve it  the  bark  of  a  Malabar  tree  described  by 
Costa,  and  said  to  be  called  Macre."6 
MAGADIS.  (Vid.  Lyra  ;  Musica,  Greek.) 
MAGISTER,  which  contains  the  same  root  as 
mag-is  and  mag-nus,  was  applied  at  Rome  to  per- 
sons possessing  various  kinds  of  offices,  and  is 
thus  explained  by  Festus:7  "  Magislerare,  moderari. 
Unde  magisiri  non  solum  doctores  artium,  sed  etiam 
pagorum,  societatum,  vicorum,  collegiorum,  equitum 
dicuntur ;  quia  omnes  hi  magis  ceteris  2)ossunt." 
Paulus8  thus  defines  the  word :  "  Quibus  prcecipua 
cura  rerum  incumbit,  et  qui  magis  quam  ceteri  dili- 
gentiam  et  sollicitudinem  rebus,  quibus  prcesunt,  de- 
bent,  hi  magisiri  appellantur."  The  following  is  a 
list  of  the  principal  magistri : 

M.vgister  Admissionum.     ( Vid.  Admissioxales.) 
Magister  Armorum  appears  to  have  been  the 
same  officer  as  the  magister  militum.9 

Magister  Auctionis.     (Vid.  Bonorum  Emtio.) 
Magister  Bibendi.     (Vid.  Symposium.) 
Magister  Collegii  was  the  president  of  a  col- 
legium or  corporation.     (Vid.  Collegium.) 

Magister  Epistolarum  answered  letters  on  be- 
half of  the  emperor.10 

Magister  Equitum.  (Vid.  Dictator,  p.  361.) 
Magister  Libellorum  was  an  officer  or  secre- 
tary who  read  and  answered  petitions  addressed  to 
the  emperors.  (Vid.  Libellus,  4,  c.)  He  is  called 
in  an  inscription  "  Magister  libellorum  et  cognitionum 
sucrarum."11 

Magister  Memorise,  an  officer  whose  duty  it 
was  to  receive  the  decision  of  the  emperor  on  any 
subject,  and  communicate  it  to  the  public  or  the 
persons  concerned.13 

Magister  Militum.  (Vid.  Army,  Roman,  p.  106.) 
Magister  Navis.  (Vid.  Exercitoria  Actio.) 
Magister  Officiorum  was  an  officer  of  high  rank 
at  the  imperial  court,  who  had  the  superintendence 
of  all  audiences  with  the  emperor,  and  also  had  ex- 
tensive jurisdiction  over  both  civil  and  military  offi- 
cers.13 

1.  (Dioscor.,  iv.,  3. — Adams,  Append.,  s.  v.) — 2.  (Athen.,  i., 
9 )— 3.  (Varro,  De  Re  Rust.,  hi.,  2, 17.— Id.,  De  Liner.  Lat.,  v.,  32, 
p.  147,  148.  ed.  Spengel—  Plaut.,  Aulul.,  ii.,  8,  3.— Ter.,  Eun., 
ii.,2,  24.— Hor.,  Sat.,  ii.,  3,  229.— Id.,  Epist.,  i.,  15,  31.— Sen- 
eca, Epist.,  78.)^.  (Sueton.,  Jul.,  26.— Id.,  Vespas.,  19.— Var- 
r«,De  Re  Rust.,  iii.,  2,  4.)  — 5.  (Pollux,  Onorn.,  ix.,  47.  —  Id. 
ib.,  x.,  19. — Harpocr.,  s.  v.  Aziyna.) — 6.  (Dioscor.,  i.,  110. — Ad- 
ams, Append.,  s.  v.)— 7.  (s.  v.  Magisterare.) — 8.  (Dig-.